Study Urges Less Force in Orange County Jails

Deputies could use less force but brutality is not a problem in Orange County’s jails, according to a long-awaited consultant’s report made public Thursday.

The 178-page report, by consultants hired by the county on the recommendation of a federal judge, says conditions would improve if there were more staff and better supervision of sheriff’s deputies and fewer rules to antagonize inmates.

But while the consultants stressed the need to cut back on violent incidents at the main men’s jail in Santa Ana, they defended jail deputies against inmates’ complaints of excessive force.

Complaints of Beatings

Inmates have complained that they have been beaten when they did not comply with an order quickly enough or when deputies did not like a response they made to an order. Three inmates have filed federal lawsuits complaining that they were beaten by deputies in jail elevators, out of sight of witnesses and surveillance cameras.

“We listened to inmates; we checked reports; we gave every complaint of brutality a thorough review,” said Lawrence G. Grossman, who wrote the report. “I’ve been at that jail for three years, and I can assure you, there is no brutality going on there.”

The report did cite several incidents of unnecessary force. But Grossman said Thursday that such force “does not amount to brutality.”

“What’s happening is that the deputies end up using force more often than they should because too many of the rules lead to incidents with the inmates,” Grossman said in a telephone interview from Lexington, Ky., where he was on business Thursday.

The report gives “less than desirable” marks to Sheriff Brad Gates for some of his jail operations. But the consultants generally commended Gates for meeting most federal court requirements that inmates be given adequate time to eat and sleep and have access to recreation, religious services and reading materials.

Intimately Familiar With Jail

Grossman, owner of a consulting firm called Correctional Consultants of California, is intimately familiar with Orange County’s jail facilities. U.S. District Judge William P. Gray, who for years has been issuing sweeping orders concerning jail overcrowding and other matters, three years ago named Grossman a special master of the jail, responsible for monitoring the sheriff’s jail operations. Later, at Gray’s suggestion, the county hired Grossman as a jail consultant.

The Board of Supervisors paid Grossman $25,000 to conduct the county correctional study, primarily to find a way to avoid future lawsuits.

On the subject of overcrowding, the consultants found that during the past two years the county has not exceeded federal restrictions on jail population. There were more than 2,100 inmates in the main men’s jail at the peak of the overcrowding crisis in 1985, and Gray subsequently ordered that no more than 1,296 inmates be housed there.

For three years, the county has been embroiled in litigation with the American Civil Liberties Union, which filed a federal lawsuit aimed at easing jail overcrowding and seeking numerous improvements in jail conditions.

ACLU attorney Dick Herman, while praising the report’s recommendations for more staff and supervision at the jail, disagreed with Grossman’s findings on the brutality issue.

Parts Called ‘Wishy-Washy’

“Some of the report on the violence in the jail was wishy-washy, but it’s the recommendations which are the most important,” Herman said.

Although his report said “there was no evidence found to support the recent allegations of brutality,” Grossman told the supervisors the county needs to conduct a manpower allocation study.

“Until you have further study, you don’t know if the problem is not enough deputies or a need to reallocate the deputies they have,” Grossman said.

For example, Grossman said, more deputies are needed in the booking area of the jail, where most of the incidents of violence have erupted. A bigger staff, Grossman said, could help “assure a constant, smooth flow of arrestees.”

Herman said that he would not seek contempt of court citations against Gates or the county based on the few areas where Grossman found that the county was not in compliance with Judge Gray’s orders.

Sheriff Gates said through a spokesman Thursday that he would have no comment until the Board of Supervisors has acted on the report.

Many Complaints Supported

While the report does not support the brutality complaints, it does support many inmate complaints about jail rules.

For example, Grossman said in an interview, jail officials conduct too many shakedowns--where the inmates’ cells are thoroughly searched--and use tactics that are inappropriate in a confined situation.

“They use the same shakedown methods in an inmates’ cell that they use out on the street, with the inmate forced to stand against the wall, his hands behind his neck,” Grossman explained. “The deputy then puts pressure on the hands, which can sometimes be painful and lead to friction with the inmate. That’s a good procedure on the street, where a suspect might try to get away from you. But it’s unnecessary at the jail.”

Some jail rules, the report states, simply appear unnecessary. For example, inmates must be in full jail dress when in the day rooms but not in the bunk areas. Yet the two are next to each other and inmates constantly walk back and forth.

“Inmates are written up for either a minor or major violation if a deputy wishes to enforce the rule,” the report states. The report cites other rules that appear to be nuisances, such as some regulations limiting inmate talking or preventing them from putting their hands in their pockets.

The consultants’ review of 873 incident reports over a three-month period turned up 88 incidents involving use of force by deputies, or about one such incident per day on average. Most of the 88 were in the booking area, the report states, but it notes that such incidents amount to less than half of 1% of the total bookings.

Sergeant’s Presence Urged

The report recommends that a sergeant be present “whenever possible” when a deputy feels that he must use force to get an inmate to comply with orders.

“The vast majority of use-of-force incidents occur without the presence of a supervisor,” the report states.

Seventeen of the incidents reviewed involved “possible” excessive force, the report said.

Grossman said in an interview he believes that the sheriff could “cut in half” the number of incidents in which force is used by implementing just a few changes in the rules and procedures.

He also recommended in the report that the sheriff extend his present use of video cameras to cover areas such as the detoxification unit and some of the safety cells.

Some inmates who have bitterly complained about brutality at the jail have called The Times in recent weeks to complain about Grossman’s research into the issue.

“We gave him a list of people who were victims of brutality, and he never talked to any of them,” said Thomas F. Maniscalco, an attorney who is now at the jail facing murder charges in a gang-related incident.

But Grossman rejects that criticism, saying his survey of possible problems at the jail was thorough and complete.

Gates is expected to make his own recommendations to the supervisors once they have studied Grossman’s report.

Gates’ top corrections officials have met recently with Grossman to discuss some of his findings. These officials were noncommittal on the recommendations, Grossman said, “but I did notice that they immediately went out and made some changes after we pointed out some things to them.”

For example, a rule at the James A. Musick Honor Farm prevented minors from visiting inmates without the presence of an an adult. That rule was dropped, Grossman said.

Leg Irons Hamper Women

For security reasons, at the women’s jail in Santa Ana, some women were required to wear leg irons to the recreation roof. Grossman pointed out that these women could not adequately participate in recreational activities, and the rule was changed. Some of the branch jails were not complying with Judge Gray’s order that inmates be permitted magazines, Grossman said. Before his report could be published, Gates’ staff corrected the problem.

The report also calls for:

- Improved food service. While the report applauded the main jail’s basic food operation, the consultants found that inmates who were required to eat their meals in their cell--either for medical or disciplinary reasons--too often had to eat food that was lukewarm at best. The consultants also found that inmates were given the 15 minutes that Gray had ordered to eat meals. Grossman suggested a clock be placed in the dining hall to “eliminate the erroneous perception” that inmates aren’t getting enough time to eat.

- More flexibility in scheduling recreation for women inmates. Too often, the report states, women are forced to miss recreation periods because of court appearances, visits or meetings with their attorneys.

- The elimination of one weekday visit, rescheduling it for Sunday, when more people are free to come to the jail.

- Posting of rules. Too often, the report states, inmates are unaware of jail rules or jail policies that are available to them, such as access to legal research.

The Board of Supervisors is expected to review the Grossman report at Tuesday’s meeting. Sheriff Gates will then be asked to reply within 60 days as to whether he has adopted or intends to adopt any of the recommendations.

Douglas W. Woodyard of the county administrative office, who is the liaison for the board on jail issues, said Thursday that he considered the report “excellent.”

“I think it will help us out on our litigation; we can point to the report to show Judge Gray what we’ve been doing,” he said.