Lawyers attack jail abuse forms

As part of its strategy to ward off abuse claims and lawsuits, the Sacramento County Sheriff's Department is asking jail inmates to sign a form before they are released indicating whether they were treated properly while behind bars.

Civil rights advocates and lawyers are raising concerns over the "release screening form," saying inmates may feel pressure to sign the form simply to avoid delaying their release.

"Someone who's about to be released has an enormous incentive not to delay that release for even a second," said Michael Risher, staff attorney at the American Civil Liberties Union of Northern California. "It's much too coercive an atmosphere to get accurate information on that type of survey unless it's done in a very careful way."

Depending on the situation, said Sacramento civil rights attorney Stewart Katz, the form can provide a "first line of defense" for the department, although it should not make or break a case.

Sheriff's officials say the forms bring potential problems to their attention early.

The department developed the form in early 2006, in response to excessive-force allegations in late 2005, said sheriff's Capt. Scott Jones, the jail commander brought in by Sheriff John McGinness to make changes.

"It's a tool that exists to get us the information that we need to run the facility at the highest standards possible," McGinness said.

The form asks inmates if they were injured or suffered a medical problem that occurred in the jail, and whether they have a complaint about their treatment.

If an inmate replies "yes" to the first question, the inmate must be seen by a nurse or doctor before being released.

If an inmate replies "yes" to the second question, the inmate can choose to speak to a supervisor.

Officers ask inmates the questions, fill out their answers and hand the forms to them to sign.

It's mandatory for officers to have the form available for inmates, but not mandatory for inmates to sign it.

"Some inmates have refused to sign it," Jones said. "The deputy notes it and they get released."

It is rare that inmates say on the form that they have a problem, Jones said. When they do, and speak to a supervisor about it, they are heard and given an explanation, Jones said.

"It's another tool for inmates, with either real or perceived grievances, to seek redress," Jones said. "And it's a tool for the department, as custodian of taxpayers' money, to make timely corrections or remedies."

Jones said the process gives the assistant commander, who reviews all the forms each morning, a snapshot of what's going on in the jail, allowing him and other officials to deal with problematic trends early.

The process could help reduce lawsuits – cutting costs to the county and taxpayers, Jones said.

Jones said the department will be able to challenge complaints by inmates who don't fill out forms but later file claims and lawsuits.

Sheriff's internal affairs officials say the number of abuse complaints at the jail dropped by more than half to six from 2006 to 2007.

"Release screening" forms are not routine in jails in other jurisdictions within the region, including El Dorado, Placer and Yolo counties.

And there is nothing on the form that indicates inmates have an option not to participate in the questions, said the Rev. Ashiya Odeye, director of the Justice Reform Coalition.

Sacramento attorney Mark Merin said the form was used against a client during an arbitration hearing last month.

His client, who was a student at California State University, Sacramento, at the time she was arrested in March 2006, said on the form that she had no complaints about her treatment in jail. She was booked for public intoxication and disorderly conduct, according to the Sheriff's Department.

In a later deposition, Merin's client, Miranda Siller, said two female deputies subjected her to a string of profanities and derogatory epithets. Siller, now a bank credit manager in Las Vegas, said she was shoved against a wall and smacked in the back of her head.

Siller said at the end of her deposition that she did not remember an exit interview asking her if anything occurred in jail that she felt was inappropriate.

"People don't know what their rights are in jail," Merin said. "They think what happens to them is just standard procedure. What they want to do is get out."

Some inmates say they feared that not signing the screening form or voicing grievances could have delayed their release.

"I signed the form because I wanted to go home," said Patrick Benko, 24, a Sierra College student who was arrested in Citrus Heights earlier this month on suspicion of public intoxication. He was released after spending about 10 hours in jail. He has not been charged.

Benko said deputies yelled at him and told him he had no rights. He also said he wasn't fed. Later, officers told him he had to sign the form or he couldn't leave, Benko said.

Jones said he did not believe his officers would have said that, and it's a misconception that noting complaints on the form will delay the inmates' release.

"They are getting out regardless," Jones said. If they say they would like to see a supervisor, nurse or doctor, they would only have to wait a couple of minutes.

But that isn't the way all inmates see it.

Dianne Fairl, who spent time in jail early last year for drunken driving, recalled observing what she described as rough treatments of inmates.

But she did not complain on the form, she said.

"It's a pressurized situation," Fairl said. "It's a no-win situation. No one wants any trouble because everyone wants to get the heck out of there."

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