42 O.C. Inmates to Be Freed Early From Crowded Jail

Faced with the worst overcrowding in Orange County Jail history, the Sheriff’s Department on Tuesday obtained approval from a Superior Court judge to release 42 inmates up to 10 days before they had completed their sentences.

The county was forced to take the extraordinary measure to avoid violating a federal judge’s order that mandates a bed for every inmate within 24 hours of his arrest, Assistant Sheriff Jerry Krans said. The order also limits the population at the main jail in Santa Ana.

“It’s a very, very serious situation at this point,” Krans said about the overcrowding. ‘It’s been a major problem for a long time, and it’s continually going to get worse. We’re having to release people who rightfully belong in jail. The (criminals) on the outside know that for a lot of petty crimes, they’re not going to go to jail.”

Almost 4,400 inmates were in the county jail system this week, about 1,200 more than allowed in the state corrections guidelines, Krans said. The state limits are only advisory to counties, however, and so there is no penalty for violating the rules.

For more than 2 years, an increasing jail population has forced the county to release nonviolent inmates up to 5 days before they completed their sentences and, in some cases, up to 8 days early. On Tuesday, however, Krans said the jail released all the inmates eligible for early freedom, and it was still in danger of exceeding the federal court limit of 1,293 inmates in the upper two floors of the main Santa Ana jail.

For the past 2 years, the county has also frequently released unsentenced inmates being held on less than $5,000 bond. Krans said the department increased that cutoff on Tuesday to $10,000 bail.

The 42 inmates would be released from the main jail by 2 a.m. today and, if crowding continues, more might be freed tonight, Krans said. Most of the inmates being released were sentenced for burglary or drug-related crimes and they are considered nonviolent, he added.

At least one police study, however, has documented an increase in crime that it attributed to the early-release program conducted by the Sheriff’s Department.

Supervisors Doubt Action

Meanwhile, two county supervisors reached Tuesday night said they did not believe that it was necessary for the Sheriff’s Department to release the prisoners. Both said they were told by county administrators and Undersheriff Raul Ramos that jail beds were available.

Supervisor Gaddi H. Vasquez called the department’s description of a desperate situation “an incorrect representation.”

He also said he was told that part of the reason for the release of prisoners is that the Sheriff’s Department claims to be understaffed. But he said he learned Tuesday that Sheriff Brad Gates has 70 unfilled positions.

Supervisor Don R. Roth added that Gates’ actions are largely beyond the control of the supervisors because he is an elected official. “He’s not an employee of the county,” Roth said. “It’s hard for us to question what he does. The only way is for the voters to kick him out or recall him.”

Even after hearing of the supervisors’ comments, Krans insisted that the early releases were necessary. Their responses were surprising, he said. “I don’t have any idea why they would perceive it that way.”

Last year, the Sheriff’s Department said it had to turn away or give early release to 42,675 arrestees who would have otherwise been jailed. So far this year, Krans said almost 11,000 arrestees or sentenced inmates have received the same treatment.

The county’s jail system had been overcrowded for more than 10 years when the American Civil Liberties Union charged in federal court that the situation was causing intolerable conditions for inmates. In 1985, a federal judge charged Sheriff Gates and the Board of Supervisors with contempt of court for failing to relieve the situation.

The county recently received approval from the state to put double bunks in the Intake-Release Center, the new jail in Santa Ana. That would be the first addition of new beds to the county’s jail system in more than a year.

Before additional inmates are added, the state has ordered the county to hire another 14 deputies. Krans said the department is waiting for the new positions to be approved by the county administration.

The county is also hoping to add several hundred more jail beds by the end of the year by expanding an existing branch jail in Orange. That construction, however, has been stalled by a lawsuit filed by the City of Orange, some nearby commercial property owners and the University of California, which operates the UCI Medical Center next to the jail.

The county also hopes to build a 6,000-bed jail in Gypsum Canyon near Anaheim, roughly tripling the current capacity of the system. Construction of that facility has already been stalled for a year because the county does not have enough money. It is considering asking for a countywide half-cent sales tax to help generate the $700 million needed for the construction.

Times staff writer Jean Davidson contributed to this story.