Supervisors Warned on ‘3 Strikes’ : Jails: Block, Garcetti and judges say a recent buildup of felony cases indicates that the legal system could soon be overwhelmed.

Los Angeles County jails and courts could soon be overwhelmed by a flood of accused criminals fighting prosecution under the state’s tough new “three strikes” law, officials warned the Board of Supervisors on Tuesday.

The rapid buildup of felony cases since the controversial sentencing law was enacted six months ago is evidence that the costs of prosecution, administration and incarceration under that law could be extraordinary, said Sheriff Sherman Block, Dist. Atty. Gil Garcetti and a panel of Superior and Municipal Court judges.

Applying the law and paying for it could require severe cutbacks in other public services or lead to new or higher taxes, the officials warned. And although the law was meant to clear the streets of career criminals, the gridlock it is causing could force officials to let thousands of petty criminals go free as the wheels of justice grind to a halt, they said.

As a first step, Garcetti asked the Board of Supervisors to immediately give him the authority to hire 40 additional prosecutors and support staff and to begin building a financial reserve to prepare for the inevitable onslaught of trials.

The new law requires a sentence of 25 years to life in prison for criminals convicted of a third felony after two other serious felony convictions. The prospect of a lengthy term eliminates much of the incentive for defendants to plea bargain, leading to the upsurge in jury trials, the officials said.

Block said there could soon be no room left for sentenced criminals in the county’s jails as defendants awaiting trial under the “three strikes” law fill every cell.

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The law added 1,700 inmates to county jails during its first six months, Block said. And because county jails are under a court order to limit crowding, that means an equal number of convicted or accused criminals had to be let go to make room, he said.

“We’re sending a message that petty crimes won’t get jail time,” said Supervisor Ed Edelman, who opposed the “three strikes” law as ill-conceived election year politicking.

But Supervisor Mike Antonovich, a supporter of the law, said “it sends the message that if you commit a (serious) crime, you will be going away for a long time.”

About the new law, Supervisor Yvonne Brathwaite Burke said: “‘We’re all for fighting crime, but shouldn’t we know how much it is going to cost?”

According to the experts, it’s about to cost more at every juncture of the justice system.

For instance, the cost of guarding “three strikes” inmates, considered high-security prisoners, is much higher than that of incarcerating the general jail population, Block said, and could eventually require millions of dollars annually for additional jailhouse personnel.

In the first six months of the law’s implementation the proportion of high-security inmates has jumped from 36% to 44% of the jail population, Block said.

Even the cost of booking prisoners will go up by several hundred thousand dollars annually because the law requires sheriff’s deputies to do more exhaustive and time-consuming searches of arrestees’ criminal histories, Block said.

Although the Legislature is legally bound to fund any law that leads to new or higher costs for local governments, county Chief Administrative Officer Sally Reed said the cash-strapped state government is unlikely to come through with additional funds for the “three strikes” law.

Garcetti said the number of felony prosecutions handled by his office could climb by nearly 150% within the year, leaving his staff of 900 attorneys buried under paperwork. The number of felony jury trials has held relatively steady over the past several years at about 2,400 annually. But in 1995, Garcetti is forecasting more than 5,875 such trials.

“I am not here to be an alarmist,” he said. “We need to be prudent but prepared for the ‘three strikes’ crisis that could be coming.

“Will I have to double the number of attorneys on my staff? We just don’t know,” he said. “The dam will burst, and there will be a flood of cases. It’s an awesome number of cases . . . and we are not prepared.”

Garcetti said he believes that defendants, who largely control the timing of their trials, are waiting to see if the law is softened after the November elections. He called that a false hope, but said it shows that the number of potential cases is building and could overwhelm his office.

A panel of Superior and Municipal Court judges warned that there may be no court space or judges available for misdemeanor prosecutions.

“Misdemeanor prosecutions will be history,” said Superior Court Judge Carol Fieldhouse. Fieldhouse predicted that many, and possibly all, Municipal Court judges will be called on to handle the overflow of felony cases.

Even civil court judges could be drafted because of the overflow of felony cases, Fieldhouse said.

“Get your seat belt on and get ready,” he said.