Jail Funds

Santa Clara, CA: (Feb-20-08) Two law firms representing inmates brought a lawsuit against the Santa Clara County in 2005, alleging that for years the county had improperly used up to 70% of the fund allotted to pay for certain jail-worker salaries. Sources claimed that the fund is derived from profits from collect phone calls to inmates at Elmwood Correctional Facility or the county's main jail, and from commissary purchases by those inmates. The fund, which in some years has exceeded $5 million, by state law is supposed to be spent for the benefit of inmates, on domestic-violence prevention or AIDS-education classes. The suit alleged that jail officials canceled numerous classes or services for inmates and spent the funds on overhead they would have had to pay anyway. They also alleged the county was improperly keeping $200,000 in annual commissions from the collect-call provider and other commissions from the commissary contractor.

The county agreed to resolve the allegations by paying out $1.5 million. County officials claimed that in agreeing to settle, it doesn't admit wrongdoing but must reimburse $1.5 million to the fund. Additionally, The County also must pay up to $450,000 in plaintiffs' lawyer fees; have the fund audited every two years; and add an inmate advocate who doesn't work for the county to the eight-person committee that decides how the fund's proceeds are spent. [MERCURY NEWS: FISCAL MANAGEMENT]

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Published on Feb-21-08