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COMMENTARY ON JAIL OVERCROWDING : Without a New Lockup, Law Enforcement Will Deteriorate : Reliance on a cite-and-release policy devastates crime victims and leaves officers demoralized.

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<i> Paul M. Walters is chief of police for the city of Santa Ana</i>

Orange County must have a new jail.

Insufficient jail space has made it impossible for our police to incarcerate the growing number of criminals roaming our streets. Burglary, assault, drug possession, prostitution and drunk driving are among the many offenses that won’t keep those arrested in jail.

Lack of an adequate facility has forced local authorities to turn to the cite-and-release program. As our jails become increasingly impacted, suspects are set free. Little regard is paid to the likelihood they will appear in court to face the charges against them.

Police are demoralized and victims are devastated. Violators are showing a growing disrespect for the law. Clearly, our system of enforcing the law is deteriorating.

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This cannot be allowed to continue if the police are expected to maintain law and order. Orange County’s police are overwhelmed by crimes of disorder, gang violence and drug-related offenses. Every segment of our community is touched.

As law enforcement officers, we are doing our utmost to prevent and to control crime. Preventing crime is our primary goal. Incarceration of violators is critical to prevention. For police to be successful in the pursuit and the detention of criminals, sufficient jail space is an absolute necessity.

Orange County demands strong enforcement by the police and expects adherence to the rule of law by the members of its communities. Our Board of Supervisors faces difficult and limited choices with current resources. Building and operating jails is extremely costly.

By not paying the price to expand jail capacity, Orange County will face expensive social consequences. Increasing disorder and serious crime will heighten levels of fear among residents. We cannot afford to continue to wait indefinitely for a new jail facility.

Criminologist James Q. Wilson’s thoughts about the country’s prison system are very appropriate for our county: “There are no inexpensive solutions to the problem. Politicians and voters who complain loudly about crime and then vote against higher expenditures for correctional facilities are being irresponsible. We cannot go on packing more persons into inadequate facilities even if our consciences will permit it. Federal judges will not.”

Strong leadership must be forthcoming in order to address the critical jail issue. Individual political interests must be set aside. County and city officials must work hand in hand to develop a plan to finance the construction and operation of a jail located in Orange County. We must not attempt to place our problems in other counties when it is clearly not economically practical.

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Local communities need to assume responsibility for pre-arraignment holding facilities.

Recently, the state of California passed legislation allowing counties to charge other law enforcement agencies for booking prisoners in the county jail. It is my belief this provision is not only economically unsound, but it is also poor public policy because it creates conditions that provide incentives to adopt practices that are contrary to current concepts of an effective and equitable justice system.

If local agencies maintain their own temporary holding cells, the overload on the county system will be reduced. However, the county jail system still must be adequately expanded beyond the cities’ contributions.

We will look to new and innovative methods as part of this plan. The use of technological advances could be used to greatly relieve the problems at hand. One example is video arraignment, which minimizes extremely costly transportation of prisoners in custody under personal supervision. This technology is currently available and could be put to use immediately.

Any plan will require cooperation among the many agencies involved in the administration of justice. Cooperation is absolutely essential for significant and lasting improvements to be achieved. Our civic leaders are compelled to provide an environment conducive to progress. Orange County voters must be supportive.

Prudent decisions need to be made pertaining to funding. This financial dilemma is not unique to Orange County. Nationally, we are facing a crisis in our jail and prison systems. Other jurisdictions have looked to new approaches regarding jail financing. For instance, South Carolina has developed inmate labor programs that focus on construction of correctional facilities. Inmate labor programs can save enormous costs of construction.

If our voters are asked to pay additional taxes, we must assure them we are using the most cost-effective methods available for increasing our jail capacity. When a feasible funding solution is offered, voters must support and pass the measure.

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Orange County is at a major crossroads. No longer can we expect beleaguered deputies to control and contain overcrowded jails. No longer can we expect besieged police to prevent and control crime by using the cite-and-release method.

Orange County needs only to look at the degradation experienced by many of our nation’s crime-ridden urban cities and counties. The prognosis is clear: If Orange County is to continue to flourish, Orange County must have a new jail.

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