Orange County Grand Jury 2005-2006

Perspective of Orange County Jails
A Continuing Dilemma!
1.

Summary
Title 15 of the California Code of Regulations defines
a jail as “… a local detention facility used for the
detention of persons pending arraignment, during
trial, and upon a sentence of commitment ….”
Not included in this definition are local facilities
used for the detention of persons not to exceed 96
hours.

Some Acronyms in this
Report
DOC

Department of Corrections
and Rehabilitation
(California)

OCSD

Orange County Sheriff’s
Department

In this state-mandated study, the 2005-2006 Orange
County Grand Jury considered the conditions of multiple types of local detention facilities
and may refer to any of these adult facilities as “jails” in this report.
The Orange County Sheriff’s Department (OCSD) operates five county jails and two jails
in contract cities. City police departments operate 21 city jails.
The Grand Jury also considered the condition of the five juvenile facilities operated by the
Orange County Probation Department.
The study reached the following conclusions:

2.

1.1

County jails operated by the OCSD are overcrowded; however, the measurement
of overcrowding differs depending on reporting agency standards. The OCSD data
indicates inmate populations in county jails averaged 91% of bed capacity; the
California Department of Corrections and Rehabilitation (DOC) data indicates an
average of 121% of rated capacity; and, the latest U.S. Department of Justice data
indicates an average of 135% of capacity.

1.2

Despite current and projected inadequate jail capacity, the only county facility
expansion plan is for James A. Musick Facility (Musick) and this will take 5-7 years.

1.3

The location of inmates on worker-release programs during their time away from
city jails is based on the “honor system” with inadequate tracking.

1.4

The five juvenile facilities provide exposure to positive life choices through
socialized experiences, cultural activities, rehabilitation opportunities, and publicequivalent education.

Introduction and Purpose of the Study
Each year’s grand jury is required to review the condition and management of detention
facilities within the county. These facilities fall within three jurisdictions – the OCSD, the
Probation Department, and local police departments in 21 of the county’s 34 cities.

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Orange County Grand Jury 2005-2006

Additional areas studied by this year’s Grand Jury included work release programs, the
OCSD Inmate Services Division, Probation’s “8% Solution” for juveniles, and comparisons
of the current state of county-operated jails with an OCSD report submitted to the 19981999 Grand Jury.

3.

Method of Study
The study methodology was to:
•
•
•
•
•

•
•
•

4.

Determine if jails are overcrowded based on OCSD, California, and federal
standards for inmate housing
Review current status of the county efforts to increase inmate housing
Review work release programs
Compare the current state of county-operated jails with the overcrowded
conditions of the late 1990s
Develop a questionnaire based on a selected set of “Minimum Standards For
Local Detention Facilities” specified by the California DOC “2005 Adult Title 15
Regulations”
Use the questionnaire to evaluate adult jails during visits, with and without prior
notice
Interview OCSD employees, Probation Department employees, city police chiefs,
jail personnel, and inmates
Conduct an extended evaluation of the Santa Ana Police Department and the
Santa Ana City Jail

Background
California Penal Code Section §919 (b) states “The grand jury shall inquire into the
condition and management of the public prisons within the county”. Each grand jury is
mandated to study the five county-operated jails and other selected detention facilities
within Orange County. The Grand Jury considered that inmates must be housed safely,
including segregation by reason of gang affiliation, sexual predator tendencies, witness
protection, and violent behavior.

4.1

County Jail Operations

The county adult facilities operated by the OCSD include:
•
•
•
•
•

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Central Men’s Jail (Santa Ana)
Central Women’s Jail (Santa Ana)
Intake and Release Center (Santa Ana)
James A. Musick Correctional Facility (Irvine)
Theo Lacy Jail (Orange)

Perspective of Orange County Jails
4.1.1

Capacity Methods

The OCSD, the California DOC, and the U.S. Department of Justice use different
methods to determine the inmate capacity for county-operated jails. The essential
differences between these methods are that the OCSD method is based on number
of available beds; the DOC rating is based on area/space; and, the federal method is
based on “… the maximum number of beds or inmates allocated by state or local
rating officials to each jail facility.” The capacity figures shown in this background
section are based on the OCSD method, unless otherwise indicated.
4.1.2

Central Jail Complex (CJX)

The Men’s and Women’s jails opened in 1968 while the Intake & Release Center
(IRC) opened in 1988. The capacity of CJX is listed as 1,902 inmates by the
California DOC and 2,634 inmates by the OCSD, and includes maximum security
capability. CJX is allotted 324 sworn personnel plus non-sworn, professional staff
members – such as records personnel and technicians.
As stated at the OCSD website, IRC is the entry point for all of the approximately
66,000 new arrestees brought into the county jail system each year and “… serves
as a focal point for transportation of CJX inmates to court and in-custody transfers
to other law enforcement and correctional agencies ….” Also, “Inmates are
screened for medical and mental health needs upon entry, booked, and then
classified to determine appropriate housing. The booking process serves to
correctly identify inmates through photographs and fingerprints ….”
The Women’s Jail has a capacity of 352 inmates, with overflows transferred to
Musick or IRC, or released early. The span of time women inmates are held ranges
from three months to several years, with drug-related offenses being the most
common. As many as 6,000 women have reportedly passed through this facility in
a recent 3-month period.
Many deputy sheriffs begin their careers at the Men’s Jail, a 1,421 bed facility with a
sworn staff of 125.
At least one faith-based organization in Santa Ana is available to provide coffee,
water, and/or van transportation as inmates are released at the end of their
sentences – “one minute after midnight”.
4.1.3

Musick Facility

Musick is a minimum-security jail, located within a 100-acre portion of
unincorporated county area, bordered by the cities of Irvine and Lake Forest and
by the proposed Great Park.
First opened in 1963, the facility (often referred to as “The Farm”) is named for
James A. Musick, who was the Orange County Sheriff from 1947 to 1975. The
inmate housing capacity at the facility is 1,250.

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Orange County Grand Jury 2005-2006

Inmates are housed in barracks or dormitories and are encouraged to participate in
various off-site and on-site work and job training programs. Inmate work crews
from Musick clear brush and assist the Orange County Fire Authority in the
prevention of fires. Musick inmate workers also staff the kitchens at the Central
Jail Complex. There is on-site training through vocational programs in
construction, cabinetry, welding, horticulture, sewing, commercial painting,
computer business skills, and food service.
The staff at the Musick Facility averaged 62 sworn deputy sheriffs for 2005.
4.1.4

Theo Lacy Jail

Theo Lacy opened in 1960 across from what is today The Block in the City of
Orange. With the addition of three new housing modules completed in 2005, Theo
Lacy can house 2,918 adult males, and up to 56 juvenile males for the Probation
Department. One of the new modules, with 192 beds, was not being used during
the Grand Jury visit because of a lack of available staff. The staff at Theo Lacy
averaged 272 sworn deputy sheriffs during 2005.
4.1.5

Court Holding Facilities

On any given day, between 400-600 inmates are transported for attorney
appointments and court appearances between county detention facilities and the
five county justice centers located in Fullerton, Laguna Niguel, Newport Beach,
Santa Ana, and Westminster. Deputy sheriffs assigned to court operations are in
charge of getting each prisoner to the correct courtroom at the appointed time.
4.1.6

Inmate Services Division (ISD)

The ISD resulted from consolidation of Commissary Operations, Food Services,
and Correctional Programs in 2004.
Commissary Operations: Provides products and services to county jail inmates
while providing a source of income to the Inmate Welfare Fund (IWF). IWF was
established to meet the California requirement which states “… funds shall be
expended by the Sheriff primarily for the benefit, education and welfare of the
inmates….”
The IWF monies are self-generated, non-taxpayer funds. An inmate can purchase
commissary items such as snack foods, stationery supplies, personal care, and gift
certificates. The purchase amount is deducted from that inmate’s account provided
from personal resources. An inmate’s account is limited to $500 maximum and no
county funds are placed into inmates’ accounts. Profits from inmate purchases
generated $1.3 million in FY 2004-2005 for the IWF. A 53,000 square foot
warehouse was purchased with IWF monies for $2.2 million in 1996-1997. A small
amount of additional IWF revenue comes from inmate use of telephones,

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Perspective of Orange County Jails

reimbursement for educational services, and rent of excess warehouse space to the
OCSD.
Food Services: Prepares and serves meals to county inmates, utilizing state and
federal guidelines.
Approximately 20,000 meals are prepared per day, utilizing five kitchen facilities,
five inmate and three staff dining areas, and warehouses located in Anaheim, the
Central Men’s Jail, Theo Lacy, and Musick. Food Services also provides over 77,000
meals and/or sack lunches annually for the county’s Cold Weather Shelter
program.
Correctional Programs: Provides county inmates the opportunity for an effective
rehabilitative experience, utilizing state and federal guidelines. Examples of
services offered include:
•
•
•
•

4.2

academic and vocational education
substance abuse counseling
religious studies and counseling
domestic violence/anger management

Probation Department Juvenile Operations

The juvenile correctional facilities operated by the Probation Department include:
•
•
•
•
•

Juvenile Hall (Orange)
Theo Lacy Juvenile Annex (Orange)
Joplin Youth Center (Santa Ana Mountains)
Los Piños Conservation Camp (Cleveland National Forest)
Youth Guidance Center (Santa Ana)

Individual minors housed in juvenile facilities are likely to have experienced one or more
of the following difficulties: family problems, abuse of illegal substances, criminal street
gang affiliation, and mental health issues. Many have committed one or more felonies.
High risk minors are held at Juvenile Hall and the Theo Lacy Juvenile Annex. When the
court process is completed for low risk minors, they may be transferred to a minimum
security facility – Joplin, Los Piños, or the Youth Guidance Center. Probation also leases
64 secure beds at the Santa Ana City Jail for those minors who are being tried in adult
criminal courts.
4.2.1

Juvenile Hall

Juvenile Hall is a 434-bed institution for juvenile law violators operated by the
Probation Department across from The Block. It houses both boys and girls,
generally between ages 12 and 18, who are detained pending Juvenile Court
hearings in the adjacent Betty Lou Lamoreaux Juvenile Justice Center or who
remain in custody by order of the court.

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Orange County Grand Jury 2005-2006

Boys and girls are assigned to living units which are designed to house 20 to 30
minors each. The living units have sleeping rooms, restrooms, showers, and a day
room for a multitude of structured and leisure activities. Teenagers are generally
housed by age group and gender. Juvenile Hall’s Intake and Release Center houses
those minors newly arrested by police officers and awaiting their first court
appearance. Each living unit is supervised during each shift by deputy probation
counselors, who provide individual and group counseling, as well as maintain
order.
The Orange County Department of Education provides a fully accredited academic
program for minors at Juvenile Hall. Nurses and dentists from the Orange County
Health Care Agency provide medical and dental care on-site. Psychiatrists and
psychologists from the Health Care Agency evaluate and assist minors exhibiting
emotional or mental problems.
Minors participate daily in outdoor sports and other recreation. Religious services
and Bible studies are available to youths upon their request. Each living unit has a
small library, as well as telephones to make collect calls. Visitations are scheduled
weekly.
Representatives from the California DOC, Juvenile Court, and the Orange County
Juvenile Justice Commission monitor conditions and the care of youths at Juvenile
Hall.
4.2.2

Theo Lacy Juvenile Annex

The only juvenile facility located in a county jail, the Annex contains 64 beds;
however, due to California standards for juveniles, the Probation Department can
only house up to 56 juveniles. The number of juveniles averaged 50 for the
January-November, 2005 period with a maximum of 52 juveniles for any one
month. The Probation Department provides staffing and the appropriate programs
and services to the juveniles. The OCSD assumes the cost for food and clothing.
4.2.3

Joplin Youth Center (Joplin)

This facility opened in 1956 at the base of Saddleback Mountain near what is now
Santa Margarita and, for its first 24 years, was a working ranch. The original
property was donated to the county by a family of ranchers as a place to
rehabilitate “troubled” boys. The buildings were constructed by the original staff
and many of the first boys sent there. The county later expanded the site which
now has 64 beds and is limited to boys with 30-120 remaining detention days.
The thrust of the program is to enable boys to learn to eat, sleep, work, play, go to
school together, and put any gang rivalries behind them. The boys are given
different colored T-shirts based on their behavior and progress. They receive or
lose privileges as they move up or down through the colors. Those who cannot get
along with others, or cannot follow the rules, may be sent back to Juvenile Hall.

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Perspective of Orange County Jails

The Joplin mission is to prepare minors for a successful return to their home and
community via:
•
•
•

Re-involvement in academics
Building fundamental social skills
Dealing realistically with the gang culture

A balanced approach is used by building competencies with the minors, and
holding them accountable for their behaviors and interactions with others. The
staff’s job at Joplin is to teach minors to make good decisions on their own and be
accountable for their decisions.
Examples of active programs include Anger Management, Cultural Awareness,
Career Quest, Graffiti Removal, New Minor Orientation, Parenting, Sail for Life,
Substance Abuse Counseling, Total Fitness, Values Matter, Vehicle Maintenance,
Victim Awareness, and Library.
4.2.4

Los Piños Conservation Camp (Los Piños)

This correctional facility, using buildings leased from the U.S. Forest Service, is
located in a remote portion of the Santa Ana Mountains, reached from the Ortega
Highway. The juveniles are generally of junior and senior high school age and are
serving sentences of three months to one year.
With good behavior in other juvenile correctional facilities, boys and girls are
eligible for assignment to Los Piños.
Los Piños has an academic program, vocational training (such as through the
Regional Occupational Program), mental health services, as well as substance
abuse services. These youth can work toward earning high school diplomas or
General Education Development (GED) diplomas. AYSO soccer is available as are
CIF athletic competitions in basketball, volleyball, and baseball. The job training
programs focus on learning a skill, working together, making positive life decisions
and being accountable for their decisions. Preparing these minors for a successful
return to their home and community is the goal of probation counselors at Los
Piños.
4.2.5

The Youth Guidance Center (YGC)

Opened in 1969, YGC is located in Santa Ana and houses up to 100 boys and 25
girls. The current focus is rehabilitation for substance and/or alcohol abusing
juveniles in the 11-18 year old age group. Average detention time at the facility is
between six months and a year, with 80% of the juveniles having committed
felonies.
Although all five juvenile facilities that the Grand Jury visited had extensive
programs dedicated to the rehabilitation of young people, this report uses the
following YGC programs as a sample.

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Orange County Grand Jury 2005-2006
•

A fleet of vehicles is used to transport juveniles to cultural, educational, and
sporting experiences, such as Bowers Museum, Angels’ games, and
theatrical productions. Attendance is paid with donated tickets. In
addition, opportunities are provided for juveniles to participate in
community service projects such as Toys-for-Tots and service at a local food
bank.

•

Awareness of the responsibility for and care of babies is provided for both
boys and girls through a program utilizing computerized dolls. These
"infants" are programmed with uncontrollable crying spells, dirty diapers,
illness, and feeding demands. The computer records each juvenile's
responses and provides a format for discussion with counselors. The
Center has 26 of these "computer babies.”

•

Required attendance in classes at the Rio Contigue School on campus
enables students to complete education toward a GED diploma, which is
awarded in a YGC graduation ceremony. Juveniles are also required to
participate in cooking, serving, and/or cleaning of the kitchen and dining
areas.

4.2.6

Juvenile 8% Group

In the late 1980s, the Probation Department conducted a 3-year research study for
the purpose of tracking first-time juvenile offenders. The study concluded that 8%
of the juveniles were re-arrested a minimum of four times during the 3-year study.
This 8% was responsible for 55% of the total repeat cases during the study.
The research team identified those, which at first contact with the juvenile system,
were most likely to become repeat offenders, based on the following:
•

Involvement in crime at an early age

•

Significant family problems (abuse, neglect, criminal family members
and/or lack of parental supervision and control)

•

Problems at school (truancy, failing courses, or a recent suspension or
expulsion)

•

Illegal substance abuse, gang involvement, stealing

Using these findings as a basis, Probation established the 8% Early Intervention
Program to serve juvenile offenders who are not older than 15½ and exhibit at least
three of the four characteristics listed above. The program’s pilot phase began July
1994 with youths participating from Anaheim and Buena Park. The program has
been readjusted to where the population now ranges from 13 to 18 years old, with
an average age slightly over 16 years.

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Perspective of Orange County Jails

Youth and Family Resource Centers (YFRCs) were established, and by early 1999
five such centers were operating in Orange County. Because of subsequent budget
limitations, only the Anaheim and Westminster YFRCs are currently operating.
Probation is trying to reestablish state funding for an additional YFRC to support
central county needs. Moreover, the restoration of closed YFRCs is a BOS strategic
priority in the 2005 Strategic Financial Plan.
Since June 1998, full services at YFRCs for youth and their families have been
provided through a joint team effort by public and private agencies, augmented
during 1998-2002 by state funds through the Repeat Offenders Prevention
Program. The services include on-site schooling for students in junior and senior
high school; counseling for substance abuse; health education and services;
employment preparation and job placement services; and, intensive family
counseling at home for families that can benefit from it.
An expectation was expressed to the Grand Jury that through these early
intervention programs and intensive follow-up of repeat youth offenders, there
will be future crime rate reductions and increased likelihood that these juveniles
will not become career criminals. The Probation Department indicated on-going
follow-up shows that four years after leaving probation supervision, the YFRC
group has nearly 30% fewer new law violations on average than did a control
group of 8% juveniles randomly assigned to regular supervision.

4.3

City Jails

There are five classifications of California adult detention facilities as defined in
“Minimum Standards for Local Detention Facilities”, as set forth at Title 15, California
Code of Regulations, Section 1006. Based on these definitions, interviews with detention
facility personnel, and personal observation, the Grand Jury formed the following
conclusions about the classification of the 18 city detention facilities visited:
Classification

State Definitions

Cities*

Temporary
holding

“… a local detention facility constructed after
January 1, 1978, used for the confinement of persons
for 24 hours or less pending release, transfer to
another facility, or appearance in court.”

Brea, Buena Park,
Cypress, Fountain
Valley, Fullerton,
Garden Grove, Los
Alamitos, Orange,
Placentia, Tustin

Type I

“… a local detention used for the detention of
persons for not more than 96 hours excluding
holidays after booking. Such a Type I facility may
also detain persons on court order either for their
own safekeeping or sentenced to a city jail as an
inmate worker, and may house inmate workers
sentenced to the county jail provided such

Anaheim, Costa Mesa,
Huntington Beach, La
Habra, La Palma,
Newport Beach

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Orange County Grand Jury 2005-2006

Classification

State Definitions (continued)

Cities*

Type I
(continued)

placement in the facility is made on a voluntary
basis on the part of the inmate. As used in this
section, an inmate worker is defined as a person
assigned to perform designated tasks outside of
his/her cell or dormitory, pursuant to the written
policy of the facility, for a minimum of four hours
each day on a five day scheduled work week.”

Type II

“… a local detention facility used for the detention
of persons pending arraignment, during trial, and
upon a sentence of commitment.”

Santa Ana

Type III

“… a local detention facility used only for the
detention of convicted and sentenced persons.”

Seal Beach

Type IV

“… a local detention facility or portion thereof
designated for the housing of inmates eligible under
Penal Code Section §1208 for work/education
furlough and/or other programs involving inmate
access into the community.”

None in Orange County

* Irvine, Laguna Beach, and Westminster were not visited

4.4

Work Release Programs

Several city jails, such as Anaheim, Huntington Beach, Santa Ana, and Seal Beach, offer
and manage “work release” or commonly known as “pay to stay” programs. These are
specific programs that are court ordered and allow an inmate to serve his or her sentence
while maintaining normal aspects of life. City jails that maintain such programs for low
risk inmates establish their own procedures for accepted participants.
In general, an inmate is released in the morning of a work day and returns to the facility
that evening. For this service the inmate pays an initial fee, typically $100, and a daily fee,
typically $75 and paid in advance. This process enables inmates to continue to work at
their regular place of employment and earn a living for themselves and their families, as
well as generating income to pay their fees. Privacy issues of inmates on work release
programs are safeguarded by police authorities to the extent that inmates can complete
sentences without places of employment having knowledge of their incarceration.
Upon completion of a sentence, facility authorities must clear the individual for final
release. Their financial obligations to the facility, as well as their compliance with the
procedures of the program during their sentence, are taken into account before final
release is approved.

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Perspective of Orange County Jails

5.

Observations and Discussion
5.1.1

Overcrowded Jails

The Grand Jury presents the following charts to help illustrate the extent of
overcrowding for each county jail facility and for the county overall. Each chart
shows number of inmates and
Chart 1: 2005 OCSD
the resulting percentage of
(Jan-Nov)
capacity as measured by either
% Bed Capacity
the OCSD or the California DOC.
Average Daily Population

96%

95%

91%

88%

91%

6,162

Chart 1 shows the percentage of
bed capacity used to meet
average daily inmate population.

91%

The Chart 1 values tend to mask
the challenge facing the OCSD,
which becomes more evident
when considering one-day
maximum populations, rather

2,556

1,348

1,136

784
337
Central
Men's Jail

Intake
Release
Center

Central
Women's
Jail

Theo Lacy
Facility

James A.
Musick
Facility

Overall

Chart 2: 2005 OCSD
(Jan-Nov)

than average daily populations.

% Bed Capacity
Maximum 1-Day Population
(date occurred)

Chart 2 shows the maximum oneday inmate population experienced
at each county jail, the related
overcapacity percentage, and the
date the maximum was experienced

136%
(11/26)

1,066

% Rated Capacity (space)
Average Daily Population (estimated)

5,251

141%

136%

131%

107%

1,284

1,386

1,248

Central
Men's Jail

Central
Women's
Jail

Theo Lacy
Facility

James A.
Musick
Facility

Using DOC data, the OCSD
provided a report to the 1998-1999
Grand Jury that included statistics
related to overcrowding
percentages and facility capacities.
Based on this report, Chart 3
shows the extent of overcrowding
at each county jail during 1997.
[Note: the daily average inmate
populations are Grand Jury estimates

1,673
948

110%
(8/21)

352
Intake
Release
Center

Chart 3: 1997 DOC

124%

113%
(11/25)
2,893

To get another perspective and to
provide a measure of jail
overcrowding trends, the Grand Jury
looked at 1997 and 2005 California
DOC data related to jail capacity.

247%

104%
(11/14)

103%
(1/29)

1,005
341

Intake
Release
Center

Central Men's
Central
Jail
Women's Jail

Theo Lacy
Facility

James A.
Musick
Facility

Overall

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Orange County Grand Jury 2005-2006

based on DOC capacity and overcrowding percentages data.]

Although showing a slight overall decline from 1997, overcrowding continued
during 2005, as shown by Chart 4. In fact, because of increased demand,
overcrowding at both the
Chart 4: 2005 DOC
Men’s Jail and at Musick has
become even more severe.
% Rated Capacity (space)
Average Daily Population
192%
6,164
160%

122%
110%

121%
104%
2,566

1,339

1,140

783
336
Intake
Release
Center

Central
Men's Jail

Central
Women's
Jail

Theo Lacy
Facility

James A.
Musick
Facility

Overall

Moreover, although the IRC
overcrowding percentage was
reduced, apparently by
reduced inmate population
demand, the daily demand is
still almost twice capacity.
[Note: The slight differences
between OCSD and DOC daily
averages are because DOC data is
for the year while OCSD data is
for 11 months.]

To compare Orange County
jails with other jails in the
United States, the Grand Jury looked at the most recent U.S. Department of Justice
study, a Bureau of Justice Statistics Bulletin using mid-year 2004 data. This study
reported that of the 50 largest jail jurisdictions in the United States, Orange County
had the third highest annual inmate population increase (20.1%) and the third
highest percent of jail capacity (135%).
As to the future, the OCSD projects 2,020 additional county beds will be needed by
2010 (1,020 to house projected inmate population and 1,000 to replace “temporary”
tent and modular wooden barracks housing at Musick.)
5.1.2

Early Release of Inmates

Early release of inmates is a result of, and sometimes the court mandated answer
to, overcrowding and was expressed as a significant concern in the OCSD report to
the 1998-1999 Grand Jury. To help understand the potential for problems, this table
includes data for 4,016 of the 8,469 inmates released early in 1997:
Types of Offense

Total
Releases

Involuntary Manslaughter
Burglary
Transportation/Sales of Narcotics
Kidnapping

5
1,147
2,818
46

Average Number
of Days Released
Early
22
10
12
10

Maximum Number
of Days Released
Early
38
100
76
58

Thankfully for the safety of Orange County residents, the number of early released
inmates significantly declined from 19,340 in 1998 to a low of 252 in 2004. Of some
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Perspective of Orange County Jails

concern is the 2,057 inmates released early in 2005. The OCSD reports this increase
was primarily because of inmates awaiting transport to overcrowded California
prisons. For example, there were 659 inmates awaiting transport in August,
declining to 382 inmates in December as the prisons accepted more inmates.
State prisons are full, and will not take prisoners from county jails until they have
enough beds to do so. In addition, prison inmates who are witnesses in Orange
County trials are transferred to, and temporarily held in, county jails.
The OCSD reports “Currently, the most urgent cause of early release is a shortage
of beds for female inmates. Due to a rising female inmate population and
requirements to separate male and female inmates, the Department is limited in its
ability to house female inmates.”
5.1.3

Jail Overtime – January-November, 2005

Given the combination of jail overcrowding and understaffing at Theo Lacy, the
Grand Jury decided to look at OCSD overtime.
The OCSD reports that 231,770 overtime hours were worked at a cost of more than
$9 million. An OCSD analysis indicates that the cost of 122 equivalent full-time
employees would have been more than $14 million. As to staff recruitment during
2005, the OCSD hired 108 of the 781 applicants who passed the written
examination for deputy sheriff trainees.
Charts 5 and 6, prepared by the Grand Jury using OCSD data, show JanuaryNovember 2005 overtime costs as percentages of total costs.

13%

Chart 5: Percentage of Total Salary & Benefit Cost

9%
8%

Intake
Release
Center

The Grand Jury
concluded that the
overtime costs
provided by the OCSD,
as a percent of jail
operation
expenditures, appear
reasonable.

Central Men's
Central
Jail
Women's Jail

9%
8%

8%

Theo Lacy
Facility

James A.
Musick
Facility

considered related costs such
as increased retirement costs
and the human cost of
overtime hours worked by
employees in high stress jobs.

Overall

Neither the OCSD nor
Grand Jury analysis

Chart 6: Percentage of Regular plus Overtime Salary Cost
20%

14%
12%

Intake
Release
Center

Central
Men's Jail

Central
Women's
Jail

14%

13%

12%

Theo Lacy
Facility

James A.
Musick
Facility

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Overall

Orange County Grand Jury 2005-2006
5.1.4

Musick Expansion

The county’s 2005 Strategic Plan lists Musick expansion as one of the Top 10
Strategic Priorities with five year requested funding of $220 million. The Board of
Supervisors (BOS) has certified an Environmental Impact Report to allow
expansion at Musick up to a maximum of 7,500 inmates. The BOS has also
approved funding for development of a master plan by an architect engineering
team to be selected in 2006; however, OCSD has estimated that it will take “…5 to 6
years to prepare the Master Plan, prepare final documents for the first phase of
expansion, and to complete construction of the first phase of expansion.” Musick is
the only county jail expansion currently planned.
5.1.5

Alternatives to Incarceration

Faced with the long standing need for more jail capacity, the OCSD has considered
or used other alternatives to incarceration. For sentenced individuals meeting
qualifying criteria, these alternatives include:
•
•
•
•
•

Community Works Program (CWP) – offset one day of sentence with 10
hours of community labor
Home Confinement Monitoring – those confined to their homes are fitted
with electronic bracelets by the Probation Department
Caltrans – sentence served by picking up trash
Proposition 36 – community-based drug abuse treatment in lieu of jail (set
to expire in 2007)
“Good Time/Work Time” – sentence reduction in return for in-jail labor

In order to meet capacity needs until Musick is expanded, the OCSD is considering
the following:
•
•
•
•
•
5.1.6

Open up unused capacity at Theo Lacy
Expand the qualifying criteria for the CWP
Work with courts and Probation to expand Home Confinement Monitoring
Work with the state to more quickly accept inmates sentenced to state
prison
Early release as a last resort or when court ordered
Funding of Jail Operation

Of the $582 million OCSD budget, the “County of Orange FY 2005-2006 Final
Budget” indicates the county jail operational dollar requirement is expected to total
about $127 million. Chart 7 summarizes expected funding sources for this total.

Chart 7: Jail Operations Budget Sources

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Intergovernmental
73%

"Net County Cost"
25%

Other
2%

Most noteworthy is that 75%
of total funding for jail
operation does not come from
discretionary funds. The 25%
discretionary “Net County

Perspective of Orange County Jails

Cost” is only about 5% of the $551.4 million 2005-2006 Orange County
discretionary General Fund.
5.1.7

Unavailable Jail Operation Data

Based on data categories determined by the Grand Jury, including some made
available to the 1998-1999 Grand Jury, data was requested from the OCSD in late
December 2005 and mid January 2006. The data categories included early release,
maximum inmate populations, projected jail capacity, projected inmate
populations, staffing, staffing costs, and recruitment.
The data requested was received by the Grand Jury on March 8 and March 27,
2006; however, the following, available in 1998, was not available for 2005:
•
•
•

The types of offense committed by inmates released early
The average number of days released early
The maximum number of days released early

The Grand Jury is concerned about future grand juries’ ability to conduct complete
reviews of county jail conditions without timely access to requested data. Another
concern is that jail management may also not be getting needed data in a timely
fashion.

5.2

Juvenile Facilities

At all of its facilities, the Probation Department views its job as the rehabilitation of each
minor in its custody. The goal is to return minors to the community with the ability to
make good choices about their lives. Education, as a high priority, is part of the overall
approach to rehabilitation. Accredited high schools with classrooms and libraries staffed
by credentialed instructors are located at all of the facilities. In-custody juveniles who
have not completed high school are required to attend classes. In addition, juveniles are
counseled in such things as basic social skills, anger management, self-discipline, and
accountability for their actions.
Mental health therapy, medical, and dental services are available, as are work activities,
religious services, and recreational programs.
The budget to operate the five juvenile correctional facilities in fiscal 2005-2006 totals
$137.4 million. The annual net cost for housing at Juvenile Hall, Joplin or Los Piños is
more than $37,000 per juvenile. If they can afford it, parents of juvenile offenders pay part
of the cost of incarcerating their minor children.
To alleviate long term overcrowding at the 434-bed Juvenile Hall, the Probation
Department currently leases 128 beds from the City of Santa Ana and the OCSD. In
addition, the BOS recently approved FY 2006-2007 funding for the following projects:

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Orange County Grand Jury 2005-2006
•
•
•

5.3

32-bed renovation at Los Piños
Net gain of 60 by replacing 60 razed beds with a new 120-bed Youth
Leadership Academy at Juvenile Hall
An additional 60-bed expansion of Juvenile Hall

City Jails

Most city jails are temporary holding facilities where prisoners are housed for short
periods of time before being released or being transferred to CJX or a medical facility.
Juveniles are processed and taken to Juvenile Hall or released to their parents/guardians.
Some city jails operate under contracts with private firms that provide trained personnel.
Others are staffed by police department employees who are trained correctional
personnel but are not sworn police officers. In both cases, these jails are supervised by
senior police officers, usually a lieutenant or captain.
A few city jails will house inmate workers - prisoners who can be trusted to work with
limited supervision while serving their time.
The Grand Jury determined that none of the 18 city jails visited were at capacity,
primarily because, after a few hours, arrestees in city facilities usually are transported to
CJX where they must be accommodated.
5.3.1

Santa Ana City Jail

The Santa Ana City Jail and Santa Ana Police Department represent an exception to
typical detention management and philosophy in the United States.
The intake process for arriving inmates involves an orientation program similar to
that of a new student at an educational institution or a patient in a medical facility.
A video explains the rules and inmates are moved through the intake process by
reporting to color-coded areas. Rewarding good conduct with privileges provides
a humanitarian atmosphere with less emphasis on military-style tactics. This new
system provides for maximum safety of staff and inmates within manageable and
cost-effective operations.
After a design process and construction period which began in May 1990, the Santa
Ana Police Administration and Jail Facility was completed in January 1997. This
facility incorporated concepts of new generation management utilizing
“podular/direct” supervision and moveable walls. Manageable-sized units or
pods, containing 50-64 beds, are divided into subsections of beds and/or cells to
facilitate separation based on behavior.
The Santa Ana City Jail has the capacity to house up to 482 inmates. Included are
men, women, juveniles being tried as adults, “pay to stay”, and maximum security
inmates, with each group housed separately and supervised by non-sworn
detention officers. Inmates from federal, state and other local jurisdictions are also
housed at the Santa Ana City Jail.
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Perspective of Orange County Jails

5.4

City Jail Work Release Programs
5.4.1

Santa Ana Program

The Santa Ana Police Department and Jail provides an example and a snapshot of
how one worker release program is administered and operated. At the time of the
visit, there were 13 inmates enrolled in the program, 11 males and 2 females. To
get assigned to the program, four conditions must be met:
•
•
•
•

The inmate, through his attorney, must request the Court to assign the
inmate to the Santa Ana Detention Center Work Release Program.
The Court Commitment order must specify “May be on Work Release” in
order for the inmate to be considered.
The inmate must qualify, a process that is carried out by the Detention
Supervisor through a review of the records and a personal interview.
The detainee must belong to a low risk class of inmates specifically serving
a misdemeanor sentence or some minor felony charge. No sex or violent
offenders are eligible.

Any violations of the established rules of the program, such as not being at the
location reported, use of prohibited substances, and other infractions of the
contract the inmate signs, can cause his immediate removal from the program.
Such violators are referred back to the court for further action. The Grand Jury was
informed by the detention authority that belonging to this program was considered
a “privilege”.
The fees collected from inmates in this work release program are added to the
Santa Ana Jail’s General Fund.
5.4.2

Tracking Inmate Workers

During 2005, newspapers reported that an Orange County inmate was accused of
murder while on work release from a city jail. This led the Grand Jury to review
work release programs and question how the location of an inmate on work release
is tracked.
In all of the visits related to work release programs, the Grand Jury determined that
inmate location verification during their time away from jail is based on the “honor
system”, with occasional random calls to reported places of employment. This
does not seem to be a reliable system when dealing with individuals who have
committed felonies.
The Grand Jury found that Anaheim’s work release program is actively pursuing
use of state-of-the-art electronic monitoring equipment. This equipment reports
the exact location of an inmate through Global Positioning System (GPS)
technology. The cost of such a system could be minimal (under $10 per day) and
added to the daily work release program fee.

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Orange County Grand Jury 2005-2006

5.5

General Observation

In meeting significant inmate population increases from 1997 to 2005, the OCSD was able
to reduce the overall overcapacity percentage; however, overcrowding remains a fact and
will only become worse during the next five years. The criticality of this situation is
exacerbated by the absence of any facility expansion plans during this same five year
period.

6.

Findings
In accordance with California Penal Code §933 and §933.05, each finding will be
responded to by the government entity to which it is addressed. The responses are to be
submitted to the Presiding Judge of the Superior Court. The 2005-2006 Orange County
Grand Jury has arrived at the following findings:

6.1

Unused Theo Lacy capacity: Despite current overcrowding, the full capacity of the
Theo Lacy facility is not being utilized.

6.2

Insufficient planning: Despite recent and planned jail expansions and alternatives
to incarceration, inmate overcrowding continues at county jails and, based on
projected data, will only get worse during the next five years.

6.3

Non-availability of data: Each grand jury must study conditions of Orange
County jails; however, the data to accomplish this was not provided by the OCSD
in a timely fashion.

6.4

Inadequate inmate tracking: Inmate location verification during work release time
away from city jails is based on the “honor system”, with occasional random calls
to reported places of employment by detention facility personnel.

Responses to Findings 6.1 through 6.3 are required from the Orange County
Sheriff-Coroner.
Response to Finding 6.2 is required from the Orange County Board of
Supervisors.
Responses to Finding 6.4 are requested from the Police Chiefs of Anaheim,
Huntington Beach, Santa Ana, and Seal Beach.

7.

Recommendations
In accordance with California Penal Code §933 and §933.05, each recommendation will be
responded to by the government entity to which it is addressed. The responses are to be
submitted to the Presiding Judge of the Superior Court. Based on the findings, the 20052006 Orange County Grand Jury makes the following recommendations:

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Perspective of Orange County Jails

7.1

Use all Theo Lacy capacity: The OCSD should make use of the full capacity of the
Theo Lacy facility. (See Finding 6.1.)

7.2

Additional planning for county-operated jails: The BOS and the OCSD should
work together to develop quantified plans, in addition to those for James A. Musick
expansion, to handle projected inmate populations during the next five years. (See
Finding 6.2.)

7.3

Measuring and reporting county jail data: The OCSD should review the process
used for selection, access, and reporting of data related to jail operations with the
objective of providing to jail management and future grand juries complete and
timely access to and reporting of this data. (See Finding 6.3.)

7.4

Track inmates using available technology: The Anaheim, Huntington Beach, Santa
Ana, and Seal Beach detention facilities should consider a GPS-based solution for
tracking inmates on work release. The solution should include devices that can be
triggered on demand by detention supervisors. (See Finding 6.4.)

Responses to Recommendations 7.1 through 7.3 are required from the
Orange County Sheriff-Coroner.
Response to Recommendation 7.2 is required from the Orange County Board
of Supervisors.
Responses to Recommendation 7.4 are requested from the Police Chiefs of
Anaheim, Huntington Beach, Santa Ana, and Seal Beach.

8.0

Acknowledgement
The Grand Jury commends the efforts of the Probation Department in all juvenile
facilities to assist these young people in redirecting their lives through accredited
education and behavioral counseling.
The Grand Jury recognizes the contributions of new practices in detention facility design
and management made by the Santa Ana City Jail administration and the Santa Ana
Police Department.
The Grand Jury recognizes the Inmate Services Division of the OCSD for consolidating
three separate entities – Commissary Services, Food Services and the Correction
Program Unit into a successful functioning division.
The Grand Jury recognizes the OCSD Community Work Program and the effort of the
Anaheim City Police Department to use available technology to track work release
inmates.

The Grand Jury commends the dedication and professionalism of the personnel
of the OCSD and the municipal police departments.
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Orange County Grand Jury 2005-2006

9.0

Appendix
9.1

Acronyms

BOS

Orange County Board of Supervisors

CWP

Community Works Program

DOC

Department of Corrections and Rehabilitation (California)

CJX

Central Jail Complex

GED

General Education Development

IRC

Intake & Release Center

ISD

Inmate Services Division

IWF

Inmate Welfare Fund

OCGJ

Orange County Grand Jury

OCSD

Orange County Sheriff’s Department

YFRC

Youth and Family Resource Centers

YGC

Youth Guidance Center

9.2

References

Following are some of the sources studied by the Orange County Grand Jury (listed by
date):
1. “Report to the Grand Jury - Orange County Sheriff’s Department Transition
Issues, Section xvii ‘Jail Overcrowding Committee’”, Orange County Sheriff-Elect,
September 25, 1998
2. “The 8% Solution”, M. Schumacher and G. A. Kutz, 1999
3. “Minimum Standards For Local Detention Facilities”, Adult Title 15 (2005) and
Adult Title 24 (2001) Regulations, California Department of Corrections and
Rehabilitation
4. “Prison and Jail Inmates at Midyear 2004”, Bureau of Justice Statistics Bulletin,
U.S. Department of Justice, April, 2005
5. “2005 Business Plan”, Orange County Sheriff Coroner-Department, June 2005
6. “2004-2005 Grand Jury Final Report”, Orange County Grand Jury, June 30, 2005
7. “Strategic Financial Plan – November 2005”, Board of Supervisors Meeting,
December 13, 2005

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