‘3 Strikes’ Leads to More Early O.C. Jail Releases : Corrections: Inmates asking for trials to avoid another conviction crowd prisons, pushing other criminals out.

The “three strikes” law aimed at cracking down on repeat offenders is benefiting criminals in Orange County, where jail overcrowding linked to the new legislation is leading to less time behind bars for some already convicted of crimes, officials say.

Hundreds of Orange County inmates who have nothing to lose are demanding trials in the hope of avoiding another “strike” on their rap sheets. The Orange County Sheriff’s Department is making room for the new defendants by granting unusually early releases for convicted criminals--who typically serve just one-third of their court-ordered sentences anyway.

“This is certainly not the kind of impact we want to have,” said Ron Coley, who oversees criminal justice issues at the Orange County administrative office. “This is a direct effect of ‘three strikes.’ ”

In an Oct. 28 letter to the U.S. Justice Department on a related matter, County Administrative Officer Ernie Schneider decried early jail releases as an “emergency” situation that poses a “substantial threat” to county residents.

Over the past two years, 55,000 convicted criminals who were released early from the Orange County Men’s Jail, the Women’s Jail, or Theo Lacy and James A. Musick branch jails were arrested again before their original sentences expired, according to the letter.

Those people should have been behind bars or were on probation when they were allegedly out committing new crimes, according to Schneider’s letter, which seeks federal reimbursement for the cost of housing illegal immigrants in county jails.

Orange County Superior Court Judge Michael Brenner said it is a “common, daily” occurrence to see a defendant coming back into court on a new trial before the probation term on his previous case has ended.

“You usually see these guys back before the first year of their probation ends,” Brenner said.

A breakdown of the crimes committed by inmates granted early release is unavailable, but offenders can range from first-timers to repeat felons. Their crimes can range from burglaries and child molestations to assaults and petty thefts--serious offenses, but crimes that a prosecutor or judge determined did not warrant prison time.

The early release issue and the startling demand for criminal trials stem from the “three strikes” law, which gained its nickname because defendants with two or more convictions for violent or serious felonies “strike out” when convicted of a third felony. They face sentences of 25 years to life in prison.

The Orange County district attorney’s office has filed “three strikes” cases against more than 100 defendants since the law took effect in March, and all the defendants facing the maximum punishment are expected to demand a trial. But hundreds of other defendants are also refusing to plead guilty for fear of racking up even one or two “strikes” on their record, Brenner said.

“I think a lot of guys figure, ‘I’ll take my chance on a trial. Why not?’ ” Brenner said.

In a recently released report, the Orange County Criminal Justice Coordination Council, an advisory body made up of law enforcement representatives, documented the local impact of the new law:

* Early releases for inmates have more than doubled from the 466 convicts who were released in January before completing their court-ordered sentence, to 1,039 inmates let out of jail early in October.

The October total includes 48 inmates who served just 70% of their sentences--an unusually early release, said Lt. Tom Garner of the Orange County Sheriff’s Department. Reducing inmates sentences by 30% is considered a last resort.

“That’s only happened once or twice before” during periods of severe overcrowding, Garner said.

* Defendants are demanding their day in court at a record rate. Prosecutors reported more than 700 jury trials pending in Orange County Superior Court in October, compared to 480 jury trials pending in January.

* The total number of guilty pleas in felony criminal cases has dropped 22% since March, indicating defendants with nothing to lose are willing to gamble on trials. Typically, about 95% of criminal cases are resolved with guilty pleas.

* The numbers of jail inmates awaiting trial has increased by 4% since March, further evidence of the impact of the new law. Now, about 55% of the jail beds are used for convicted criminals serving their sentences, while about 45% hold defendants awaiting their day in court.

The Orange County Sheriff’s Department is under a federal court order to limit overcrowding at the county’s detention facilities and must carefully monitor inmate intake on a daily basis.

Inmate advocates also keep a close eye on crowding to ensure the county does not violate the court’s order. More than 60,000 jail bookings were recorded in 1994, officials said.

There are only two options to relieve overcrowding: release defendants facing trial or release convicted criminals serving their jail sentence. While the jails often cite and release defendants on minor crimes, such as public intoxication, officials prefer to release convicts rather than take a chance that suspects will never return to face the charges.

The jail does not take a defendant’s crimes into consideration when granting early releases, Garner said.

“I think it would be discrimination to say, ‘We’ll let him go, but we won’t let the other go,’ ” Garner said.

The early releases are an added bonus for inmates, whose court-ordered sentences are automatically slashed by at least one-third if they do not cause trouble during their incarcerations.

The situation underscores the county’s need for new jail beds, a chronic problem for more than 15 years, officials said. A recent report by the Orange County Grand Jury called for 3,000 additional jail beds.

But county officials have long complained about the lack of funds to build a new jail or expand an existing facility. And there is bitter debate about where a new jail should go.

Groundbreaking for a new jail is years away, and with the county’s recent bankruptcy, nothing is certain.

Orange County Supervisor Roger R. Stanton led recent efforts to study relocating the James A. Musick Branch Jail from Irvine to the El Toro Marine Corps Air Station, because the military base, which is scheduled to close in 1999, would allow jail expansion without burdening residential neighborhoods.

“The focus right now is the county’s financial situation, but once this situation settles a bit, the supervisor wants the priority to remain public safety,” said Stanton aide Rob Richardson. “He is very concerned about the county’s jail situation.”

“The bottom line is, we need more jail space. I think that’s clear,” said Coley of the county administrative office. In the meantime, Orange County judges and prosecutors say they are also concerned about public safety and the message sent by early releases.

“I’m very concerned about people getting early releases, both as the chief assistant district attorney and a citizen of Orange County,” prosecutor Maury Evans said.

“I feel when people are released early from jail it erodes not only public confidence and safety but also allows a person who commits a crime not to be concerned about the possible sentence.”

Orange County Municipal Judge Donna L. Crandall in Santa Ana said judges are also in a bind. They do not want to worsen the overcrowding situation, she said, but must make sure defendants are punished for their crimes.

“It’s a very, very difficult situation,” she said, adding that municipal court judges must begin looking into expanding alternative sentencing options for the nonviolent offender.

Orange County Municipal Judge Pamela L. Iles in Laguna Niguel and others agree the situation is a difficult one, but she warned against labeling the “three strikes” law as bad for Orange County.

Iles lamented early releases but said the public is ultimately safer with “three strikes” defendants behind bars--even if that means early releases for defendants convicted of less serious crimes.

“ ‘Three strikes’ is aimed at the recidivist offender, the sociopath who commits crimes again and again and again,” said Iles, who is also a member of the county’s new criminal justice coordination panel. “We’ve got a problem with jail overcrowding, but if you have to choose between who to release and who to let go, generally we’re keeping the right people behind bars.”

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Early Out

Early releases from county jails more than doubled between January and October. They typically involve sentence reductions of 5% to 20%. A chronic shortage of jail space has been aggravated by an influx of prisoners charged under the “three strikes” law. The number of early releases: OCT.: 991* * An additional 48 who had served just 70% of their sentences were also released.

Source: Orange County Sheriff’s Department