Gates Renews Threat to Close Jail Branch : Law enforcement: In addition to shutting the James A. Musick facility, officials may also release prisoners early, reduce sentences and lay off employees.

Sheriff’s Department officials threatened Wednesday to close the James A. Musick Branch Jail, halt the opening of a new jail expansion in Orange and begin releasing some prisoners who have served only 30% of their sentences if it must meet a $6.5-million budget cut.

It is the second time in as many months that the Sheriff’s Department has threatened to close a jail as a way to solve its portion of a countywide budget crisis.

But the latest proposal includes the early release of more than 1,000 prisoners, the layoff of up to 150 employees and a reduction of sentences for all classes of inmates, including those charged with felonies, all beginning as early as July 1.

County Supervisor Harriett M. Wieder on Wednesday called the proposal an effort at “intimidation.”

“I think it’s a very premature thing for the Sheriff’s Department to be making such a statement,” Wieder said. “There is still time left to consider other options. The timing of this would appear like it is intimidation. The only thing real about it is that (Sheriff Brad Gates) has the authority to do it.”

Supervisor Thomas F. Riley, whose South County district is home to the Musick jail, said he believes that a closure can be averted if there is more communication between the sheriff and the board.

“Right now, a dialogue just doesn’t exist,” Riley said. “I don’t know how it is other places, but he just doesn’t talk. . . . This is something that should have a full public hearing.”

The Sheriff’s Department plan is expected to be forwarded today to the County Board of Supervisors.

Only last month, when county officials asked the sheriff to anticipate cuts as high as $20 million to his department, he outlined a plan to close both Musick and the Theo Lacy Branch Jail in Orange.

The latest $6.5-million cut proposed by county staff was delivered to the sheriff late last week. County Administrative Officer Ernie Schneider said the figure represents one of the smallest percentage bites from all county departments. For example, Schneider said, the Orange County Fire Department could lose up to $40 million under current scenarios.

Nevertheless, Schneider said Gates has “100% authority” over local jail operations, including authority to close them.

For the past decade, local jails have been plagued with severe overcrowding. Closure of Musick promises only to worsen those conditions throughout the remaining four County Jail facilities.

Because of the overcrowding, the sheriff already must abide by a federal court order requiring that inmates be given a bed within 24 hours of checking into a jail. The order also limits the prisoner population at the maximum-security Central Men’s Jail in Santa Ana to 1,296.

“This is a devastating thing to have happen,” Assistant Sheriff Rocky Hewitt said. “We are only trying to pull ourselves through. . . . The system is breaking down; the system is falling apart.”

Gates was not present for Wednesday’s briefing with reporters. That task was left to Hewitt, Assistant Sheriff Jerry R. Krans and Capt. Bill Miller.

During the past three years, Krans said, the department has endured cuts totaling $14 million and the loss of 108 jobs, mostly through attrition. As a result, some units are operating with up to 30% less staff, creating “more dangerous” situations for deputies.

“We’ve cut beyond the fat,” Krans said. “Right now, we’re left with cutting off an arm or a leg.”

Barring changes, Krans said he could begin the shutdown within two weeks. In that time, he said, the department would have to begin notifying its employees of its intention to begin layoffs.

Under the sheriff’s current proposal, Krans said, the Musick jail--which housed 1,075 inmates by Wednesday afternoon--could take two weeks to close as sheriff’s officials decide which inmates qualify for release according to time served.

In some cases, with the department expected to be under increased pressure to free up beds, inmates’ sentences could be cut by as much as 70%, sheriff’s officials said.

Under the worst circumstances, Hewitt said, the department could be forced to cite and release prisoners charged with felonies. To comply with the federal court order, the department already has been citing and releasing prisoners charged with some misdemeanor crimes.

Although the first phase of the 400-bed Theo Lacy expansion is expected to open by June 15, sheriff’s officials said they would cancel those plans because not enough money would be left to staff it.

Ironically, the county is now in trial fighting a lawsuit in which the city of Orange seeks to block further expansion and the housing of maximum-security prisoners there.

Coupled with the closure of Musick, the county could lose a total of 1,600 jail beds under the sheriff’s proposal. Only last week, Gates said at least 3,000 more maximum-security beds--two-thirds the capacity of the entire system--are needed to handle the influx of inmates.