Detainees Say O.C. Jail Delays Releases

Inmates scheduled for release from Orange County Jail routinely must wait 12 hours or more before the Sheriff’s Department actually sets them free, according to a claim filed Tuesday on behalf of hundreds of detainees.

The claim, the first step in the filing of a federal class-action suit against the county, was submitted to the Board of Supervisors by attorney Richard P. Herman, who represented inmates in the landmark court order that limited overcrowding at Orange County’s jails.

Herman’s claim states that the county is guilty of false imprisonment and civil rights violations against people detained at the jail for misdemeanor offenses and traffic warrants as well as those arrested but never charged with a crime.

Ordinarily, these inmates should be released shortly after appearing in court, he said. But they are often delayed for hours--sometimes much of the day--because of logistical and bureaucratic obstacles in the jail system, according to the claim.

A Sheriff’s Department spokesman said officials had not yet received a copy of the claim and declined to comment.

The accusations come at a time of increased scrutiny for the jail system. The FBI is investigating allegations of brutality at the jail, and civil rights attorneys have filed lawsuits alleging a pattern of abuse by guards. The Sheriff’s Department has denied that inmates are mistreated and said its welcomes the FBI probe.

The claim includes allegations by former inmate Fred Pierce, 30.

Herman said Pierce was arrested during a traffic stop because he had outstanding traffic tickets. He was booked into the jail. After appearing in court, a judge ordered him released. But it took another 12 hours before Pierce was allowed to leave custody, according to the claim.

“This is fairly typical of the type of cases we’re talking about, and these people will tell you that it’s no fun,” Herman said.

Such delays, according to Herman, are easily addressed. Many occur because inmates are taken to court in jail garb and must be returned to the detention center to get their property.

If inmates likely to be released were allowed to wear their street clothes, this problem would not arise, Herman said. Further delays occur when a prisoner’s case is being heard at a satellite branch court, and prisoner transport buses run only at noon and 5 p.m.

“If a judge says you can go in the morning, you’re lucky if you can get the noon bus back to the jail, more likely you catch the one at 5 p.m.,” Herman said. “By the time you get processed out, it’s midnight. There’s just no reason for the delay.”

How jail systems handle inmates slated for release has been an issue across the nation, with some cities experiencing much worse problems than what is alleged to have happened in Orange County.

Los Angeles County admitted in August to illegally detaining some 400,000 people in county jails over five years as county supervisors agreed to pay $27 million to settle five class-action lawsuits.

Many inmates were routinely held for a few extra days because of the time it took to process their release.

In April, Herman filed a class-action lawsuit that accused Orange County Juvenile Hall of keeping youngsters behind bars for too long without a court hearing.

Herman argued that the juveniles were not receiving hearings within 72 hours of arrest so that a judge could decide whether they should remain locked up.