REPORT TO THE CITY COUNCIL
April 28, 2021
FROM: PACO BALDERRAMA, Chief of Police
Police Department
BY: MICHAEL S. REID, Deputy Police Chief
Police Department
SUBJECT
Title
Approve a three -year agreement, with an option to extend for one additional year, with the County of Fresno to reserve five bed spaces in the Fresno County Jail for the purpose of housing Fresno Police Department Arrestees, at a rate of $520.00 per day for a total of $189,800 through FY2023
Body
RECOMMENDATION
Staff recommends that Council approve a three-year agreement with the County of Fresno, with an option to extend for one additional year, to reserve five bed spaces in the Fresno County Jail (FCJ) for the purposes of housing Fresno Police Department (FPD) arrestees at a rate of $520.00 per day, and authorize the Chief of Police, or his designee, to execute the agreement.
EXECUTIVE SUMMARY
Overcrowding releases from the FCJ continue for a multitude of reasons. As a means of finding a solution to keep Fresno Police Department arrestees in custody at FCJ, the Chief of Police and County Sheriff developed a written agreement in 2013 to reserve five beds at FCJ for City of Fresno arrestees at a cost of $520 per day. This agreement has served our community well as it guarantees five beds are reserved in FCJ for our repeat offenders who commit crimes while they are out of custody. This results in a safer community for our residents.
BACKGROUND
Since the mid-1990s reductions in jail bed capacity at FCJ have occurred. The factors, as discussed below, operate to significantly limit the number of beds available for arrestees to remain in custody as they move through the criminal justice system in Fresno County. The inability to keep prisoners in custody due to overcrowding at FCJ allows for those individuals to continue committing crimes and puts our community at increased risk of being victimized by these criminals.
The factors that have created this condition at FCJ include a 1994 Federal Consent Decree as a result of the federal lawsuit, Cruz vs. County of Fresno. The Decree mandated that the County release inmates from FCJ whenever it reached 100% of its operating capacity to relieve overcrowding conditions that presented a harm to inmates at the facility. The Decree also provided the County with the discretion to either release inmates or not accept new bookings into the jail whenever it attains 90% of capacity.
FCJ bed space was further reduced in 2008 as a result of County of Fresno budget constraints. Reductions in FCJ operating budgets closed 1,855 beds or 53% of their total jail‐bed capacity. Although three floors of the jail reopened in 2013, many beds remain closed including over 300 beds in the vacated Satellite Jail.
In 2011, AB 109 Realignment legislation further reduced available bed space at FCJ. Under a Federal Court ruling decided under the Coleman-Plata litigation, the California Department of Corrections and Rehabilitation <http://en.wikipedia.org/wiki/California_Department_of_Corrections_and_Rehabilitation> (CDCR) which operates the prison system in California was mandated to reduce overcrowding conditions in State prisons. To accomplish this, Governor Jerry Brown signed Assembly Bill 109, the Public Safety Realignment Act, into law on April 4, 2011. This Act will result in nearly 55,000 prisoners being realigned from state custody into county correctional/probation systems throughout the State.
AB 109 also provided funding to the counties to assist in this realignment transition. As a result, the County was able to reopen two floors of FCJ with State AB 109 funding. The County also utilized General Fund money to open a third floor of FCJ in 2013. Despite the reopening of FCJ bed space, prisoners continue to be released from FCJ due to overcrowding. During 2020 the COVID-19 pandemic exacerbated the issue by increasing the number of releases.
Due in part to the FCJ overcrowding releases, the City of Fresno has observed a 5.3% rise in its auto theft crime rate for 2020. These are the very criminals being released from custody at FCJ that continue to commit auto theft and other crimes. This agreement would allow the Fresno Police Department to hold identified repeat offenders in FCJ by reserving bed space for our most prolific criminals. Under this agreement and with Council approval, the City would pay a daily rate of $104.00 per bed for five beds to ensure that specified prisoners are not released from FCJ due to overcrowding. Additionally, the agreement requires the City to pay for security for inmates in the five beds that require off site medical attention. Under the terms of the agreement, the City would pay a $65.26/hr. charge for each security personnel to accompany the prisoner to the offsite medical facility if medical attention is necessary. This cost cannot be quantified at this time but would be in addition to the bed costs as outlined previously.
These five beds guaranteed by the County would allow the City of Fresno to keep criminals that in past years have been rearrested multiple times, behind bars until they either make bail arrangements or are adjudicated in the criminal justice system.
ENVIRONMENTAL FINDINGS
This is not a “project” for the purposes of CEQA, pursuant to CEQA Guidelines Section 15378.
LOCAL PREFERENCE
Local preference is not applicable as this is an agreement with another governmental agency.
FISCAL IMPACT
The cost per day to the City of Fresno would be $520.00. This cost will be incurred under the agreement by the City whether the bed is occupied or not. The Agreement is effective from July 1, 2021 and ends on June 30, 2024. The agreement will automatically be extended for one additional year, July 1, 2024 through June 30, 2025 upon the same terms unless written notice of non-renewal is given by either party no later than May 1, 2024. If so, renewed the first time, the agreement will automatically renew a for an additional year option with same terms and conditions, ending on June 30, 2026. The cost to the City for FY 2022-23 would be $189,800.
The Police Department will utilize revenue in their existing operating budget designated for the required security. No additional General Fund Revenue will be requested.
Attachment:
Agreement