Trinity County Jail

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b: Initiate discussions with contiguous counties on the operational and financial feasibility of a regional district jail. Recommendation lc: Issue a Request for Information to private management companies to run the Jail.

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California Government Code states: "26610. The sheriff of any county which maintains a jail in another county has the same control and supervision of the property, personnel, and inmates that he would have if the jail were located within the boundaries of the county which maintains it." "23013. The board of supervisors of any county may, by resolution, establish a department of correction, to be headed by an officer appointed by the board, which shall have jurisdiction over all county functions, personnel, and facilities, or so may as the board names in its resolution relating to institutional punishment, care, treatment, and rehabilitation of prisoners, including, but not limited to, the county jail, and industrial farms and road camps, their functions and personnel. The boards of supervisors of two or more counties may, by agreement and the enactments of ordinances in conformity thereto, establish a joint department of corrections to serve all the counties included in the agreement, to be headed by an officer appointed by the boards jointly." California Penal Code states: "4007. When there is no jail in the county, or when the jail becomes unfit or unsafe for the confinement of prisoners, the judge of the superior court may, by a written order filed with the clerk of the court, designate the jail of a contiguous county for the confinement of any prisoner of his or her county, and may at any time modify or vacate the order." "4051. Any two or more counties may form a district for the purpose of establishing and operating a joint county jail to serve such counties." "4053. The board of supervisors of any county may initiate proceedings proposing the creation of a joint district for the purpose of maintaining a joint county jail under the provisions of this chapter to be composed of two or more counties by the adoption of a resolution reciting the following: (1) That it will be beneficial to the public interest to create a joint district for the establishment or operation, or both, of a joint county jail to which persons from any of the counties proposed to be included in the proposed district may be committed. (2) The names of the counties proposed to be included in the proposed district which will be benefited by the formation thereof. (3) That it is proposed to create a joint district for the establishment or operation, or both, of a joint county jail under the provisions of this chapter for the counties so named." Method of Investigation The Judicial Committee analyzed the relevant Sections of CGC and CPC. Research on how other counties in California deal with county jails was conducted. The current Trinity County Grand Jury Report JUR2010/2011-002 on the County Jail was used as further reference. This report documents the state of jail deterioration and noncompliance that has existed for years. In some cases these issues go back to 1984, without being remedied. Discussion The existing County Jail houses the jail cells/dormitories, a kitchen, and a communication center for dispatch, emergency response and 911 calls. It is clear from reviewing the Grand Jury Report noted above that there are many deficiencies and very little has changed over the years. It was not determined as part of this report to what extent the Sheriff has looked at modifying operations in the Jail. Options to consider if the Jail is to remain open would include: outsourcing the preparation of meals, coordination with other counties for the development of a regional communications center, and/or development of a jail enterprise program to offset the operating costs of the jail. It is clear from both the CGC and CPC that there is an obligation on the part of the Sheriff and the Superior Court of the County to provide a means of incarceration upon arrest and arraignment, pending trial, and if convicted, for the period of incarceration determined by the court. Pending trial, this could be a holding cell and not a jail. If convicted, incarceration may be in a county jail or in a state prison depending on the length of stay and the type of felony conviction. There is currently an effort by the state government to return many prisoners from state prison to the county jail where convicted. The overall impact of this is not known, however, it is fair to assume that for Trinity County this would result in increased jail population, operating costs, more jail guards, and accelerated deterioration of a jail already in poor condition. While the added prisoners' cost will be offset in part by state funds provided to the counties, it is not clear that the jail can even accommodate the number of prisoners that could be returned or if the state funding will cover the added costs. Based on the review of the codes as noted in the Background section and on precedent set by other counties, the County has the following options: 1. A jail in county: The County can continue with the status quo and hope that things get better while continuing to cut budgets. 2. A jail out of county: The County could build a new jail outside the County but to what avail? If the County had the money, why not build it in our own county? 3. A privately run jail in county: the County could contract jail management to a private company. A successful example is the Corrections Corporation of America which provides statistics on savings to be attained. This is an approach used by Lake County, California. 4. No jail in county: a. Inmates could be sent to other county jails: CPC 4007 clearly provides that a county can exist without a jail and how the court must act. Alpine County has no jail and contracts jail services with El Dorado County and Calaveras County. On May 11, 2011, the Merced Sheriff proposed 4 closing the County's main jail but did not specify all actions that would be required to deal with the prisoner population beyond early release. A search of county jails in the state indicates that Merced, a county of 256,450 people, has only one county jail. b. Form a district comprised of two or more counties using a common jail with shared cost and operations. A consideration could be a regional jail in Trinity County which would add jobs to the economy. CGC 23013 as well as CPC 4051 and 4053 allow for the formation of a district made up of two or more counties. There are 65 counties in California. The research of these counties did not indicate that any counties have taken this path as yet. There is discussion, however, throughout California, that regional jails are a viable option in the efforts to contain jail budgets while maintaining a proper level of police protection. Findings/Recommendations Finding 1: There is no legal mandate for a county jail and alternatives exist under California law. Recommendation la: Conduct a County feasibility study to determine if contracting jail services in lieu of operating a jail is financially viable. Recommendation 1 b: Initiate discussions with contiguous counties on the operational and financial feasibility of a regional district jail. Recommendation lc: Issue a Request for Information to private management companies to run the Jail. Finding 2: If the Jail remains open there are cost saving measures to be immediately considered by the Sheriff. Recommendation 2a: Explore contracting out meals for the Jail and Juvenile Detention Facility to a private third party- 5 Recommendation 2b: Enter into discussion with adjoining counties on the feasibility of a regional communication center to handle 911 and emergency response calls. Recommendation 2c: Explore work programs within the Jail that provide a product or service of value that can partially offset operating costs of the Jail.

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Explore contracting out meals for the Jail and Juvenile Detention Facility to a private third party- 5

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Enter into discussion with adjoining counties on the feasibility of a regional communication center to handle 911 and emergency response calls.

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Explore work programs within the Jail that provide a product or service of value that can partially offset operating costs of the Jail.