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HomeMy WebLinkAbout01 - Authorization for the City Attorney to Take Action to Support OC Sheriff Challenge to an Order Releasing Approximately 1,800 Inmates from OC JailsQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report December 18, 2020 Agenda Item No. 1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Aaron Harp, City Attorney - 949-644-3131, aharp@newportbeachca.gov PREPARED BY: Yolanda Summerhill, Assistant City Attorney - 949-644-3131, ysummerhill@newportbeachca.gov TITLE: Authorization for the City Attorney to Take Action to Support Orange County Sheriff Don Barnes' Challenge to an Order Releasing Approximately 1,800 Inmates from Orange County Jails ABSTRACT: On December 11, 2020, the Orange County Superior Court ordered Sheriff Don Barnes to release approximately 1,800 inmates from Orange County jails. The City Council will consider authorizing the City Attorney's Office to file a brief in support of Orange County Sheriff Don Barnes' challenge to this order (via writ of mandate) to help Sheriff Barnes protect the health and welfare of the citizens of Orange County. RECOMMENDATION: a) Determine this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Authorize the City Attorney to file a brief, or join in a brief filed by another city, supporting Orange County Sheriff Don Barnes' challenge to the order issued on December 11, 2020 (in the case entitled Cynthia Campbell et al. vs. Don Barnes, in his official capacity as Sheriff of Orange County, California, Orange County Superior Court Case No. 30-2020-01141117-CU-WM-CXC), ordering the reduction of the Orange County Jail inmate population by fifty percent (50%) in all congregated living areas. FUNDING REQUIREMENTS: The adopted budget contains sufficient funding for this item. 1-1 Authorization for the City Attorney to Take Action to Support Orange County Sheriff Don Barnes' Challenge to an Order Releasing Approximately 1,800 Inmates from Orange County Jails December 18, 2020 Page 2 DISCUSSION: In June 2020, the American Civil Liberties Union, on behalf of Orange County inmates, filed a lawsuit alleging that inmates should be released because they are medically vulnerable and at imminent risk of serious illness and death from COVID-19. After considering the arguments, on December 11, 2020, the judge in the case ordered Orange County Sheriff Don Barnes to reduce the Orange County jail inmate population by fifty percent (50%) ("Court Order"). The Court Order provides Sheriff Barnes has until December 30, 2020 to provide a list of names of inmates he intends to release. If forced to comply with the Court Order, Sheriff Barnes will need to release approximately 1,800 inmates, which the Sheriff and Orange County District Attorney have stated unequivocally poses a significant risk to public safety. Specifically, Sheriff Barnes identified that of the 700 inmates considered medically vulnerable under the Center of Disease Control and Prevention's Guidelines, 59 inmates are incarcerated for murder, 39 inmates for attempted murder and 90 for child molestation. This Court Order is especially concerning given that there have already been significant impacts on public safety related to the release of prisoners by the County of Orange and State of California related to COVID-19. For instance, since the pandemic began, the County of Orange has released thousands of inmates and the State of California Department of Corrections and Rehabilitation has released over 22,000 inmates. The release of so many prisoners in such a short timeframe is straining state and local law enforcement who are not only addressing traditional law enforcement issues but responding to law enforcement issues associated with the pandemic. Given the serious impact the Court Order will have on Orange County, Sheriff Barnes is challenging the Court Order. A challenge to the Court Order is appropriate because the Court Order does not sufficiently contemplate the risk to the health, safety and welfare of Orange County residents created by the wholesale release of inmates. Also, the Court Order does not account for the approval of the COVID-19 vaccine. Currently, the COVID-19 vaccine is being distributed and administered throughout the United States (including the State of California). California has received over 300,000 doses so far. Front line healthcare workers are the first to receive the vaccine and, based on the order of priority, prison guards and inmates will likely be next to receive the vaccine. Specifically, the National Commission on COVID-19 and Criminal Justice (which includes former U.S. Attorney under President George W. Bush) is recommending prison guards and inmates be prioritized to receive the vaccine. Therefore, the COVID-19 vaccine may be imminently available to inmates and should be factored into any decision. Based on the foregoing, the City Attorney's Office recommends the City Council authorize filing a brief in support of Orange County Sheriff Don Barnes' challenge to the Court Order to reduce Orange County Jail inmate population by fifty percent (50%). 1-2 Authorization for the City Attorney to Take Action to Support Orange County Sheriff Don Barnes' Challenge to an Order Releasing Approximately 1,800 Inmates from Orange County Jails December 18, 2020 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed as a special meeting according to the Brown Act (24 hours in advance of the meeting at which the City Council considers the item). 1-3