Assembly Bill Eases Way to Solve Jail Crisis

I was surprised to read your recent editorial condemning my efforts to help build a new jail in Orange County (“Good Cause, Bad Implications,” Sept. 19). I am sorry you disagree with me on the method of addressing Orange County’s jail crisis.

Driving drunk is a crime--especially if you do it with your license suspended and commit a hit-and-run in the process. But in Orange County, even that combination of offenses won’t necessarily land you in jail for a night. Neither will burglary, prostitution, possession of illegal drugs, assault and battery or a variety of other criminal offenses.

In fact, thousands of suspected lawbreakers--some of them charged with crimes of violence--walk free every year because of a severe overcrowding problem in Orange County’s jails.

After years of arguing, bickering and inaction among Orange County’s Board of Supervisors on where and in whose supervisorial district a new county facility should be constructed, Orange County’s jail situation has reached a crisis point.

In the last decade, tougher sentencing laws have increased the demand for jail cells in Orange County.

The county’s present five facilities are severely overcrowded, housing approximately 4,675 inmates in space designed to hold only 3,203--46% over capacity.

For 13 years the county has been under federal court order to do something about the overcrowding problem. The overcrowding problem has, according to the county Sheriff’s Department, cost the county in excess of $1,035,000 in litigation costs relating to lawsuits brought against them.

The county’s lack of adequate jail space has forced “cite-and-release” and “early release” policies that together, according to the county sheriff’s office, have allowed as many as 186,000 criminals--drunk drivers, child molesters, wife-beaters, burglars, white-collar criminals, etc.--to be prematurely set free during the last four years.

A recent three-day sample found that as many as 60% of those cited and released take their freedom and run instead of showing up in court for possible conviction and sentencing--forcing law enforcement officials to go out and rearrest them.

Recently yet another lawsuit has been filed (Benson vs. County of Orange) which could further reduce the number of prisoners allowed in the county jail system.

It is unfortunate that the Orange County Board of Supervisors is at an impasse on the agreement of a location to build a new jail facility in the county.

In an attempt to help solve this impasse and allow the county to move forward on the selection of a site, I have introduced AB 1819 in the state Legislature. This bill changes the Board of Supervisors’ vote requirement for the condemnation of property through eminent domain for the purpose of building a jail in our county from the necessary four-fifths vote to a three-fifths vote.

As a strong supporter of individual property rights, I wish such legislation did not have to be introduced. This is a difficult situation, however, and I see no other alternative.

The bill is very narrow in focus: It applies only to Orange County; only to property in unincorporated areas of the county; only to property not occupied by residential structures. It is not site specific, leaving instead the choice of the site up to the Board of Supervisors. It applies only to the condemnation of property when its intended use is for the construction of a county jail, and it applies only when a court order has been imposed on the county, requiring it to release prisoners or face a contempt citation. It will sunset in four years on Jan. 1, 1996. And, it gives the supervisors a 90-day “good faith” negotiation period following written notice of their intent to acquire the property before the mandate of the legislation takes effect.

The legislation has been endorsed by a number of groups, including MADD (Mothers Against Drunk Driving), Orange County Sheriff Brad Gates, and Orange County Dist. Atty. Michael R. Capizzi.

The bill has successfully passed the state Assembly and Senate with bipartisan support and now sits on the governor’s desk awaiting his signature.

Realizing the importance of this issue to Orange County’s law enforcement officials, judges, local elected officials, and law-abiding residents, I am going to continue to work hard until we resolve our jail crisis in Orange County.

TOM UMBERG

Assembly member, 72nd District