By Ed Silverstein
The L.A. Times last year reported that Sheriff Baca, in a budget feud with Los Angeles County Supervisors, was threatening to release more than 1,600 inmates accused of misdemeanor crimes. What the Times failed to report was that Baca had been routinely refusing to accept misdemeanor prisoners from Santa Monica and other communities since September of 2001. The sheriff was initially forced to back away from his threat, but later did release inmates and has continued his policy of turning away misdemeanor suspects and prisoners.
Baca’s actions create a dangerous precedent and a serious problem for Santa Monica. The city, like many beach communities, operates a level one jail facility that can only hold suspects for 48 hours and cannot house anyone with certain medical conditions requiring treatment such as diabetes, cardiac disease, or seizures from alcohol withdrawal. Suspects ordered held over for trial or who can’t make bail, and/or who have medical conditions are supposed to be incarcerated in the county jails, but instead the sheriff has been issuing citations to appear in court and releasing them. “Citing Them Out,” as it is called, also affects the Santa Monica Jail, but usually only for first offenses and for medical reasons.
The problem is that citations are routinely ignored. This failure results in an arrest warrant being issued, but even subsequent misdemeanor arrests for other crimes do not lead to imprisonment and offenders may have six or more outstanding warrants at any given time. Adding to the dilemma is that habitual criminals know that Santa Monica has no way to substantiate medical conditions and must rely on suspect statements. This has resulted in an epidemic of real and feigned diseases among those arrested. Even suspects convicted of misdemeanors and sentenced to jail time, particularly if they make a claim of a medical condition, are often released by the county jail and allowed back into the community. In Santa Monica this often means that these suspects and criminals return to the ranks of the homeless population.
Not only has Baca’s dereliction swollen the criminal transient population in Santa Monica, it also has sent a clear message that there are no consequences for com-mitting crimes here. Transients realize they may operate with relative impunity. This has made Santa Monica a magnet for transients and criminals from other areas and even other states. What is even more galling is that police from some surrounding communities are rumored to pile their own homeless into unmarked cars and drop them in Santa Monica.
The LA Business Journal recently reported that Santa Monica has the highest, per capita, crime rate in the county. In fairness, the police point out that Santa Monica’s population of 80,000 residents, when including tourists, can actually be more than 250,000 people at any given moment. In any event, part two crimes (those most likely committed by our transient population) were up 14 percent last year as of November.
Residents (and the homeless themselves) are experiencing increases in petty theft, aggressive panhandling, vandalism, misdemeanor assault and other minor crimes. Litter and graffiti are rampant and children are being forced to witness public urination, defecation, drug and alcohol intoxication and fist fights. Transients also have been known to buy liquor for underage high school students in exchange for money. Many of these increases can likely be attributed directly to Sheriff Baca’s actions and this will only get worse as the sheriff closes more jails. As criminals become more numerous and more brazen the city also can expect a rise in more serious crimes and felonies, which were up 2 percent this past year as of November.
If Santa Monica residents want safer streets they must take action. To begin with, ask the City Council to provide medical services for the Santa Monica City Jail. This would prevent suspects from using fake medical conditions as a get out of jail free card. If the county continues to refuse to incarcerate, Santa Monica should consider forming an alliance with other beach communities and investigate private prison facilities.
But the first action any concerned resident should take is to write or contact our County Supervisor, Zev Yaroslazsky, and let him know that keeping criminals in prison is of the highest priority. Letters to Third District Supervisor Yaroslazsky should be addressed to 821 Kenneth Hahn Hall Of Administration, 500 W. Temple Street, LA, CA 90012, or call 213-974- 3333 and let him know how you feel. Letters also can be written to: Supervising Judge Dan Oki, Department 100, 13th Floor, Clara Shortridge Foltz Criminal Justice Center, 210 W, Temple Street, Los Angeles, CA 90012. (Ed Silverstein is a Santa Monica resident and a freelance writer.)
Originally published in the Santa Monica Daily Press print edition on January 15, 2003. Read the original PDF.