County Cannot Act Alone on Jail Plan : Expansion--of Facilities and Decision Making--Needed

Orange County Sheriff Brad Gates was right last month to keep up the pressure for more jail cells, but his claim that officials can skip an environmental impact report when they expand the Theo Lacy Branch Jail in Orange was dubious.

Gates termed the jail overcrowding situation “impossible,” which it is, and said in recent years he has been forced to release thousands of inmates before they would have finished their terms because he needed the cells for new inmates. Many people charged with misdemeanors do not even see the inside of a jail before their trials; they are given citations and told to show up in court. Gates said nearly 60% of those given the citations failed to appear in court when ordered, an alarming percentage.

The sheriff said he needed 3,000 new beds in the jails now and will need another 7,000 in the next 10 years. One short-term solution is expanding Lacy. A proposal by county planners to do that envisioned a drastic increase in the number of inmates in the branch jail from the current 1,300 to as many as 4,500 in an emergency. That would be only in “emergency” situations, but even so that number would be too many, since it would require building on just about every square foot of space on the site.

It would be reasonable to add bunks in existing cells, which would gain 358 beds. Building two additional housing units would gain another 614 beds. That would be worthwhile if the county can find the money not just to build, but also to operate the buildings.

Residents of Orange and nearby businesses are understandably concerned by the proposed expansion, and especially by the recent inclusion of maximum-security inmates in a facility originally planned for lower-risk criminals. The city filed a lawsuit earlier this year, challenging the transfer of more dangerous inmates to the jail.

That lawsuit and longstanding concerns by Orange officials that they are shouldering much of the burden of the jail overcrowding problem are reasons why the county must talk to the city, not try to ride roughshod over it. And pressing ahead without an environmental impact report would be wrong.

The sheriff said he believes state law would not require the report for the expansion, but a number of lawyers said that claim is doubtful. It would likely prompt another lawsuit, costing the city and the county legal fees better spent on expanding jails or building a new one.

It is the construction of a new jail that is a major problem, since no one wants it in his back yard, and no supervisor wants it in his or her district. But the county should decide at last where to put one. Orange County voters are thought to be tough on crime and strong supporters of the “three strikes” law that requires sentences up to life in prison for those convicted of three serious or violent crimes. But before the criminals get to prison, they spend time in the county jails, and the new law is already contributing to overcrowding.

It has been 16 years since a federal judge ordered the county to stop overcrowding in its jails. Since that time, existing jails have been expanded and a new facility built in Santa Ana near the main jail. But the county’s population has also increased, bringing with it a need for new facilities, including jails.

In January, the Board of Supervisors will have two new members. They can make a mark by contributing to a discussion of where to put a new jail and how to raise money for it. They should do so, stepping forward where the county needs leadership.