California’s jails need greater accountability — Gov. Newsom can make a difference

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OPINION — Having served as the District Attorney for Los Angeles County, I had the solemn responsibility of keeping the public safe through the criminal justice process. Often, this involved arguing in court to send people to jail or keep them there — in the largest county correctional system in America.

Over the past few decades, societal expectations for justice have evolved. A greater spotlight has emerged on the gap between the constitutional protections afforded to the accused and the realities in county lockups and state prisons. We have tried to break free from the tough-on-crime, “throw away the key” era that led to increases in recidivism, having a negative effect on public safety and the efficient use of taxpayer dollars.

In recent years, I have joined with other former district attorneys and prominent law enforcement leaders to push for a 21st-century justice system that truly advances safety and justice.

The conditions in California’s county jails today do not align with the values of Californians, the need for public safety or the promises of the Constitution. People are dying at record-high levels, county jails are our state’s de facto mental health institutions, and correctional staff are often not set up for success in meeting the needs of the people in their custody.

Since 1993, California’s elected sheriffs have held sole and exclusive authority over jail management. Boards of supervisors, on the other hand, have remained responsible for funding jails and bearing legal liability for jail issues, paying out large settlements when things go wrong.

While boards of supervisors have a significant interest in addressing known jail issues, they are handcuffed by law from having a say in jail administration, and sheriffs have little incentive to take their concerns seriously.

Unfortunately, this has created a dynamic in which boards of supervisors can be put in the position of writing blank checks to sheriffs for jail operations.

Gov. Gavin Newsom — who has been a transformative leader on criminal justice issues — has an opportunity to help close the jail accountability gap.

The California State Legislature passed Assembly Bill 2257 by Assemblymember Gregg Hart last month to provide boards of supervisors with the option to exercise confirmation authority over the appointment of a sheriff’s top jail official.

For the counties that elect to use this tool, the sheriff would nominate the top jail official, and the board of supervisors would consider relevant factors related to the nominee’s appointment: experience with correctional management, knowledge of correctional health and mental health care standards, expertise in rehabilitation and proficiency in working with public budgets.

Once appointed to a three-year term — subject to renewal by the sheriff and board of supervisors — the jail administrator serves as the executive officer of the jails under the direction of the sheriff. Because the sheriff would need to seek approval from the board of supervisors every three years, or sooner in the case of a vacancy, the sheriff would have a continuous incentive to work collaboratively with the board of supervisors to address jail issues.

While allowing boards of supervisors to confirm an executive officer who reports to an independently elected department head would create a unique provision in the law, the sheriff’s jail budget alone in most counties is greater than the budgets of the other elected department heads combined, including the district attorney, clerk, auditor and treasurer. 

Operating a jail is one of a county’s most significant financial responsibilities. It has a dramatic impact on the county’s ability to provide all other services demanded by the public. A board of supervisors has a compelling interest in having a limited role in the administration of the county jail through confirmation of a sheriff’s jail administrator.

This bill builds on previous legislation signed by Gov. Newsom that gave counties new tools to identify jail issues. With AB 2257, boards of supervisors would have a formal mechanism to act on such issues. 

The bill is permissive: It imposes no new mandates on counties while providing an additional tool for those that choose to use it. 

California’s jails must do better. This bill represents a step in the right direction for advancing accountability, safety, and justice. It is my hope that this bill will be signed into law.

Gil Garcetti served as the 40th District Attorney of Los Angeles County from 1992–2000, after working as a prosecutor in the office for 24 years.