Judge to Hear Arguments About Effects of Overcrowding in Jails

A federal judge will tour Orange County jails Feb. 7 and hear arguments about the effects of overcrowding as part of a case that could have broad-range implications for the jail system, officials and inmate advocates said Monday.

“We’re going back to court,” said Orange County Sheriff Brad Gates, who manages the county jails. “And we may get some answers from the judge that we don’t like.”

Attorneys representing inmates have asked U.S. District Judge William P. Gray, who has long overseen the Orange County jail system, to consider imposing caps on the housing units at all five county jails. Currently, only two floors of the Central Men’s Jail are under court order, and the result has been that other facilities are vastly overcrowded.

County jails typically house more than 4,400 prisoners in facilities designed to accommodate 3,203. Booking new prisoners into the jails regularly takes more than 12 hours and sometimes can stretch to more than 20.

That overcrowding comes despite controversial release policies implemented by the sheriff to free up bed space. Under those policies, thousands of criminal suspects--most of them accused of misdemeanors--are released from the jail every year on the promise that they appear in court on a given day.

In addition, thousands more see their sentences reduced by 10% to make room for new arrests.

Gates and American Civil Liberties Union lawyer Dick Herman disagree about the effect of imposing caps on all five facilities. The suit brought by Herman seeks to cap the housing units at their so-called “rated” capacity, or the number of beds they were originally designed to accommodate.

Gates has maintained that it could force him to release up to 1,200 prisoners as soon as the ceilings were imposed. Herman, however, notes that the caps sought are only for housing units--which do not include medical bed space--and would not go into effect until new beds are brought on line at Theo Lacy Branch Jail next year.

In addition, four military-style tents at the James A. Musick Branch Jail near El Toro would be allowed to stay in place.

The result, Herman said, is that the new ceilings would only reduce the current Orange County jail capacity by a few hundred beds.