Jails, Jails, and More Jails: Should We Spend Another $160M?

It’s been just two years since we opened our $120M, 376-bed North Branch Jail – and in March the Board will be asked to spend another $160M to add two new jail “pods” to the mix. Frankly, the complexity of the issue far exceeds my 300-word limit but given the cost, we need to “slow our roll” because I’m not even sure we’re asking the right questions.

Much of what is happening is based on a Class Action lawsuit filed by Disability Rights California (DRC) in 2017 and settled by the County in 2021. Among other things, the lawsuit alleged a lack of timely/adequate mental health care. On the heels of this litigation our own Grand Jury released a scathing report that focused on four in-custody deaths caused by a lack of mental health beds and a very poorly negotiated treatment contract with Wellpath. 

Slow It Down: DRC’s Remedial Plan does not need to be completed until July of 2029.

Anyway, it is now generally agreed that our Main Jail facility is beyond repair and that we should retain just 120 of its beds while adding 512 new ones with two Pods, bringing our total capacity to 1,008 beds. Last year’s average daily jail population was 744 and it has not exceeded 800 since 2020. Fun Fact: In 2022, County-hired expert Mike Wilson outlined processes that could reduce our population to as few as 600 inmates.

Unfortunately, the average population doesn’t singularly dictate the number of beds needed because inmates must be separated (sexual orientation, etc.) requiring a “flex factor.” The flex factor is more art than science, but I used an accepted rate of 15%; i.e. we need 870 beds – which is more in keeping with one and a half Pods, at a savings of $28M – and a total bed capacity of 880. But, alas, things are never quite that easy. The Sheriff would argue that Proposition 36 (allowing a felony charge under certain circumstances if defendant has two prior drug or theft convictions) will increase the population – but even people in the criminal “know” are not so certain. Also, the litigation that forced L.A. to change its bail schedule, drastically reducing the population, will soon (take my word!) be coming to SB.

But perhaps the real question, the better question, is not “how many jail beds” but is instead: Who is in our jail and do they belong there? Sad Truth: 37% of our inmates are prescribed psychotropic medication; yet as designed, the Pods don’t – as required by Court Order – include clinically approved mental health units. And to be fair to Sheriff Bill Brown’s foresight, he did recommend a 228 bed $42M mental health treatment facility (STAR), but in 2016 the Board, shockingly, refused $39M in approved State funding to build it. Today, of course, this rightly-focused $184k per bed cost is looking like a bargain!

In the past, I have been somewhat critical of SheriffBrown, not because he isn’t a storied and nationally recognized Peace Officer (HE IS!) but instead because when it comes to budgeting, he has not demonstrated the acumen of an accomplished financial executive; and within his 766-person department he hasn’t surrounded himself with civilians who do demonstrate such acumen. Our North Branch Jail Mahal, for example, came in @ $42M – 55% over budget – with sworn Deputies (yes, they are the most expensive staffing alternative) and operating costs that are now $5M more per year than originally projected. In total, we spend $91M annually on custody (up from the $82M we were spending just four years ago), yet we still aren’t adequately staffed! Here’s a silly idea: Reimagine and redesign a Pod for clinical treatment with ongoing funding coming from the State/Community Corrections Partnership (CCP).

So, what’s a County to do? First and foremost, oversight and funding-strings need to be attached. I might also suggest creating an ad hoc panel with Supervisors whose views about criminal justice differ, and then holding public hearings with ideas from stakeholders – including the Director of Behavioral Wellness Toni Navarro, Chief Probation Officer and Chair of the CCP Holly Benton, our new Sheriff CAO Gary Warkentin, and others. 

Do I have the answers? No. But the more I dig the more I sort of suspect that the County doesn’t either. Given the dollars involved we need to get this one right!