Guest Commentary written by

Paul R. Parker

Paul R. Parker is a former police officer, death investigator and chief deputy coroner. He retired as executive officer of the San Diego County Citizens’ Law Enforcement Review Board.

California’s county jails are in crisis. Despite a declining jail population statewide, deaths in jails have occurred at record-high levels in recent years. 

Inside California’s jails are many people who shuffle between the streets, emergency rooms and incarceration. More than half the jail population experiences documented mental health challenges. 

Most individuals in jail are awaiting trial or sentencing. Unfortunately, many of the people leaving jail are less stable than when they arrived, which has a negative effect on public safety.

This crisis has largely occurred under the watch of California’s elected sheriffs. Since 1993, sheriffs have held sole and exclusive operating authority over California’s jails.

Boards of supervisors in each county have retained responsibility for funding the jails, and they take on legal liability when things go wrong, but they have no formal ability to advance needed changes in the jails.

They are put in the position of writing blank checks for the operation of failing jails.

After a career as a police officer, death investigator and chief deputy coroner, I went to work as the executive officer of the San Diego County Citizens’ Law Enforcement Review Board, a body tasked with conducting oversight of that Sheriff’s Office, including jail operations.

My office issued numerous findings and recommendations to the sheriff and the board of supervisors about needed changes in jail operations to prevent jail deaths. The sheriff rebuffed the findings and recommendations and, at the time, the board of supervisors acquiesced to the sheriff’s opposition.

Today’s board of supervisors has the political will but still lacks the ability to confront jail issues. San Diego County can do little more than wring its hands when made aware of problems at the jails it is funding and for which it bears liability. 

Different versions of this story can be told across many of California’s 58 counties.

Last month, the Legislature passed Assembly Bill 2257, by Assemblymember Gregg Hart, to provide boards of supervisors with the option to exercise confirmation authority over the appointment of a sheriff’s top jail official to a three-year term.

The supervisors could consider such factors as a nominee’s expertise in correctional management, jail health and mental health care standards and public budget administration, as well as their commitment to protecting the civil rights of incarcerated people.

This modest reform would increase accountability while still providing sheriffs with operational independence. But if a sheriff has to seek supervisors’ approval, he or she would have a continuous incentive to take seriously the concerns of the public and to work collaboratively to address jail issues.

While accountability currently can be realized in the courts — such as through actions by the California Attorney General and by private counsel — costly and reactive legal intervention is no substitute for effective local management.

This bill has the support of a coalition of prominent justice system leaders, including former district attorneys, inspector generals, judges, probation chiefs and federal investigators. Labor leaders and “Orange is the New Black” author Piper Kerman are also in support.

Newsom has made unquestionable progress advancing needed reforms in California’s justice system. At the county level, this is best seen in the bills he signed to help bring transparency to issues in jails. Now he has an opportunity to help local leaders act on them.