More Serious Offenders Get Out of Jail Early, Study Says

More serious offenders are being released early from Orange County jails to make room for a growing population in maximum security facilities, a recently released sheriff’s report indicated.

“Literally, the criminals know that if we put them in maximum security facilities, their chances of staying for a long term are very, very small,” Orange County Sheriff Brad Gates said Tuesday.

“We’re turning hardened criminals back into everyone’s neighborhood.”

The report, the latest to document chronic overcrowding at Orange County jails, says that fewer suspects charged with felony offenses are accepting plea bargains and are seeking trials to avoid convictions under California’s “three-strikes” law, which mandates lengthy prison terms for repeat offenders.

The result, authorities said, is that jail sentences are cut short to help relieve overcrowding.

And early releases are contributing to repeat offenders, the report concludes. In 1995, there 882 inmates--accused of both misdemeanor and felony crimes--who were released early and then committed crimes during the time they should have been in jail, the report said. That represents a 17% increase over early release inmates rearrested the previous year.

One inmate, for example, was sentenced to 270 days in jail for burglary and hit-and-run convictions, the report said. The man was released 58 days later because of overcrowding in the Orange County Jail. Less than two months later, he was rearrested and held on suspicion of attempted murder, conspiracy and resisting arrest, the report said.

County jails are currently housing more than 5,000 inmates in facilities fit for 3,600, Gates said.

“When we arrest them, 80% of the time we don’t have a bed to put them in and so we end up citing them and they don’t turn up at court.”

Gates said his top priority during the county’s upcoming budget planning process is to push for 3,000 more beds at the Theo Lacy Branch Jail in Orange.

He also proposed that several hundred acres of the El Toro Marine Corps Air Station be converted to jail space after the base closes.

Gates said he will approach the county Board of Supervisors as early as June with the proposal for an extra 3,000 beds at Theo Lacy. Each bed would cost about $70,000 and it costs about $15,000 to house an inmate.

The county’s budget year ends June 30 and the board will review the proposals during June and July.

County officials have long complained about a lack of funds and public opposition to any new jail facilities.

Lynne Fishel, a spokeswoman with the county executive office, said Tuesday the county had previously committed to adding 166 new jail beds. But plans were suspended because of the 1994 county bankruptcy and money has not been available since then.

“Those 166 beds would be our first priority, once we are able to allocate the funds,” Fishel said.