Criminal Justice Inequality In California Means "Buying" A Safer Jail Cell

We all know there is a two-tiered justice system in America. But apparently that isn't enough and we are intent on creating a third tier as well. The classic case of the two tiers of justice is the black guy who goes to jail for 20 years for having crack cocaine while the white guy who had the same amount of cocaine, but in powder form, walks away on probation. But the third tier has usually been reserved for the wealthy elite, who could steal millions in white collar crime and serve their time in Club Fed.

Now, apparently, California, specifically Los Angeles and Orange County, are making that third tier available to those who have the ability and willingness to pay. In what is called "pay-to-stay", some convicted felons are offered the opportunity to "shop around" for jails with much more safety and many more amenities than the average state or county jail as long as they pay the daily rate for their incarceration costs.

California law allows those convicted of misdemeanor crimes to serve their time in these "pay to stay" jails as long as they are located in the same county as the crime. In practice, however, judges have not only allowed convicted felons to participate in this program but also allowed them to serve their time in "pay to stay" jails in different counties than where the crime was committed.

As the Marshall Project report states, "Most facilities offer bunk beds and shared common areas. The programs vary in size from one cell, which contains two beds, a refrigerator, phone and television, in Fullerton, to an eight-bed dorm room in Montebello". And because these "pay to stay" jails were designed for non-violent misdemeanor convictions, some do not even allow for overnight stays. "Monterey Park even offers the option of serving time in half-day increments...Two programs, in Monrovia and Whittier, do not allow overnight stays; participants come in for shifts to do janitorial work and other duties."

The rational behind these jails is that "they provide a valuable alternative for those who may be particularly vulnerable in county jail, such as sex offenders, celebrities and very young or old inmates".  As one defense attorney explained it, "There’s a pecking order among inmates…he’s [his client] not somebody who would do well" in California's notoriously dangerous and violent state and county jails.

Look, I have nothing against these people being incarcerated in a safe environment with amenities like TV and a refrigerator, or perhaps even a phone. But this kind of environment should be available for every inmate in the California prison system, not just the most vulnerable or the most wealthy. One person who took advantage of a "pay to stay" jail said, "County jail, you’re verbally abused, physically abused by everybody. I didn’t want to spend one day there." So he didn't, by paying over $18,000 to stay in a jail in Seal Beach. But not everyone has that option. As one police officer noted, "The whole criminal justice system is becoming more and more about: How much money do you have? Can you afford better attorneys? Can you afford to pay for a nicer place to stay?". "Pay to stay" is just another example of the rampant inequality that currently exists in our society and our headlong march toward plutocracy.