ORANGE – One of the inmates in Theo Lacy Facility tapped the man in front of him and – not feeling hungry – offered him some of his food.

In a place where food is a valuable commodity, the gesture could have been viewed as gracious. In county jail, though, it could turn deadly.

The Latino inmate viewed the offer as an insult, and the tap on the shoulder by a black inmate as a threat where racial tensions can run high. The shoving began and inmates quickly lined up along racial lines before deputies intervened.

No one was injured during the Oct. 2 confrontation, but officials said it shows how tensions have risen in Orange County jails.

Over the past year, more inmates have been housed in Orange County jails, their sentences are longer and more have a violent criminal history, leaving authorities searching for ways to ease the pressure. Local jails changed after the state passed AB109, a law that transfers the responsibility of housing thousands of inmates from state prison to county jails.

“It was challenging before AB109,” said Cmdr. Steve Kea. “The added pressure just kind of keeps that kettle boiling a little bit hotter than it was before.”

$30 MILLION AT STAKE

Since the law – known as realignment – went into effect Oct. 1, 2011, sheriff’s officials have watched the jails fill.

Managing the population has been especially important for the department, which has been renting about 800 beds for detainees from U.S. Immigration and Customs Enforcement. If the jails reach full capacity, the department would lose $30 million in revenue from the ICE contract.

“Financially, we’re not in a position we can do away with that (ICE) population,” Kea said. “When we look at our future budget, it’s a razor-thin margin. This ICE contract is keeping us afloat.”

Other strains on the jail system were not expected.

The demand for medical services, for example, has increased. Treatments that would not have been done often in county jail in the past are now commonplace, such as hernia, dialysis and hepatitis treatments, said Lt. Mike McHenry.

Authorities are also seeing a higher demand for mental health services. At the end of September, nearly 800 inmates were taking psychotropic medications, and more than 2,000 mental health cases remained opened.

“The strain on our medical staff is significant, and this AB109 population has driven that up,” Kea said.

Some of the strains stem from the fact inmates now serve longer sentences in county jails. The average length of stay in county jail for someone convicted of a felony was 113 days in January. By the end of September, it was 165 days.

“County jails were not designed to house people for extended periods of time,” Kea said.

STILL ASSESSING



Assistant Sheriff Lee Trujillo, who heads custody operations, said the department is still assessing what the future holds.

“We’re looking through a foggy lens,” Kea said. “It is not an exact science, and you wind up responding at this level because hard data is so loose right now.”

Sheriff’s officials are looking to reinstate rehabilitative programs for inmates, such as classes and counseling, Trujillo said. Some of those programs may also be tied with electronic monitoring as incentives for the inmates.

In September, the American Civil Liberties Union issued a report stating several counties in the state were ignoring recidivism, and instead using state funds to expand jail facilities.

“This population is going to outgrow even that moderate expansion in jail beds,” Kea said. “The state made an effort at reducing recidivism, but ultimately it was the warehousing of bodies that created AB109. If we don’t come up with alternatives, then we will be in the same boat.”

With the county taking on more responsibilities, there are other concerns as well. Sheriff’s officials have been seeing an increase in inmate grievances related to medical care, and with the county shouldering the responsibility, there’s a concern they could see additional lawsuits.

Contact the writer: 949-454-7361 or shernandez@ocregister.com; 714-796-7939 or semery@ocregister.com