ROBERT SUNDANCE еt al., Plaintiffs and Appellants, v. THE MUNICIPAL COURT FOR THE LOS ANGELES JUDICIAL DISTRICT OF LOS ANGELES COUNTY et al., Defendants and Respondents; THE PEOPLE, Real Party in Interest and Respondent.
L.A. No. 31785
Supreme Court of California
Dec. 31, 1986.
1101
Timothy B. Flynn, Carlyle W. Hall, Jr., Lucas Guttentag, Joel R. Reynolds, Fredric D. Woocher, Michael S. Gendler, Eric Havian and Bruce Williamson for Plaintiffs and Appellants.
Fred Okrand, Mark Aaronson, Margaret C. Crosby, Alan L. Schlosser, Amitai Schwartz, Peter Barton Hutt and James A. Toupin as Amici Curiae on behalf of Plaintiffs and Appellants.
George Agnost, City Attorney (San Francisco), and Kathryn A. Pennypacker, Deputy City Attorney, as Amici Curiae on behalf of Defendants and Respondents.
No appearance for Real Party in Interest and Respondent.
OPINION
THE COURT.*—This action, filed by four public inebriates and one taxpayer, challenges California‘s drunk in public statute (
I.
Excluding traffic arrests, violation of
Because of the high volume of
The arrest report consists of a form upon which the arresting officer checks off the “objective symptoms” of drunkenness observed during the arrest. The narrative portion of such reports generally reads as follows: “Defendant observed drunk in public unable to care for himself.” A carbon copy of the arrest report serves as the misdemeanor complaint filed against the
The LASD does not utilize short form arrest reports in making
The LAPD typically uses police step-vans or “B-wagons” to transport
The reasonable capacity of such vans is 10 to 12 upright passengers. Police policy allows only 10 passengers per van unless the van is summoned to pick up additional passengers on its return trip to the jail. Nevertheless, B-wagons often arrive at the jail carrying 14 to 15 passengers. No prisoner is allowed to remain in B-wagon transport for more than one hour.
Many
Upon arrival at the jail,
After booking, and until taken to court or released, the arrestees are held in drunk tanks which have a single toilet, drinking fountain, and wash basin.
There are two statutory alternatives to criminal processing of
Because of its limited capacity, the civil detoxification center can accept a maximum of 20 referrals a day. Only 9,629 persons were referred to the facility in 1975 and 1976, as compared to the 105,658 persons who were arrested and booked by the LAPD for violation of
The second alternative to criminal processing is release pursuant to
On July 8, 1977, the LAPD promulgated Special Order 23, which set forth a new poliсy for release of
All
The arraignment court‘s medical facilities consist of one small room with a nurse in attendance. None of the drugs used to treat the symptoms and complications of withdrawal are available. If a prisoner is undergoing seizures or delirium tremens, he is placed on a gurney. However, because there is only one gurney, additional prisoners needing medical attention must lie on the cement floor. There is no medical observation or monitoring of arrestees conducted by trained personnel. If a prisoner acutely needs medical attention he is taken to the county hospital.
At arraignment,
Municipal judges and commissioners also fail to notify
Most
Virtually no
In contrast, in the years 1973 through 1976, the average sentence imposed upon a guilty plea at arraignment ranged from five to eight days. During the trial of this action, the average jail sentence was only 1.87 days. Therefore, arrestees can expect to spend less time incarcerated if they plead guilty than if they exercise their right to trial.
There are two other reasons for the prevalence of guilty pleas. First, a
Second, more than half of all
The inability of the arresting officer to remember a particular arrest is understandable in light of the great volume of such arrests made by a small number of officers assigned to Team 12 of the Central Division of the LAPD. This team has primary responsibility for patrolling “skid row” and makes a substantial number of the
The officer‘s inability to recall the arrest is a product of both the high volume of arrests and the failure to include a narrative statement of the
The virtual absence of
In addition to its findings regarding the arrest and criminal processing of
One sign of the disease is the tolerance/withdrawal phenomenon. As the alcoholic drinks larger quantities of alcohol his body undergoes physical changes that enable him to absorb large quantities of alcohol and continue functioning. When an alcoholic has reached the stage of tolerance, withdrawal occurs when ingestion of alcohol ceases. The symptoms of withdrawal include anxiety, “shakes,” nausea and weakness. Moreover, some life-threatening conditions, including seizures, delirium tremens, liver failure, cardiomyopathy, and hypoglycemia can occur. Withdrawal symptoms last from one to several days.
Another characteristic of alcoholism is the “loss of control” phenomenon. Alcoholics organize their lives around alcohol consumption and are unable to stop drinking despite the negative effects alcohol has on their health and general well-being. Medical authorities agree that this phenomenon is physiological. An alcoholic facing withdrawal without assistance will return to drinking to avoid the unpleasant symptoms of withdrawal. Once the alcohоlic starts drinking, he is psychologically and physiologically unable to control the amount he drinks.
Many alcoholics also cannot refrain from appearing in public while intoxicated. First, a significant number of alcoholics suffer from organic brain syndrome, which impairs their judgment and prevents them from controlling their behavior. Other alcoholics are unable to refrain from appearing in public because they are indigent and homeless.
Initial medical screening by trained personnel is crucial to the detoxification process. Many diseases associated with alcoholism are masked by intoxication. Without proper screening, the existence of such conditions can go unrecognized. The detoxification process also requires ongoing medical monitoring by trained personnel. In addition to the medical emergencies that arise due to withdrawal, alcoholics may need emergency medical treatment for other acute medical conditions associated with alcoholism.
The first stage of detoxification lasts for about 24 hours. It involves medical screening and the provision of proper nourishment, clean clothes, and sleeping facilities. The second phase of the detoxification process lasts from two to three days. During this period the counselors at the facility, usually recovered alcoholics, try to convince the patients to enter into a long-term treatment facility.
The success rate achieved by these methods, even among “hard-core” alcoholics, has been significant. The experts agree that long-term remission of alcoholism is possible, but not without a change in the alcoholic‘s attitude toward drinking and the continued assistance of others to provide support for that attitude.
On the other hand, the trial court found that “[t]here is no satisfactory approach that can be made to the cure of alcoholism as such in a jail setting” because the voluntary decision to quit drinking is inconsistent with involuntary residence in a jail. Also, the jail setting is not appropriate for treatment because successful treatment requires education and sociological support. Moreover, the time spent in jail is usually insufficient to begin the long-term treatment necessary to recovery.
In sum, the trial court concluded that the penal system “has no positive effect on rehabilitating alcoholics” and does not deter them from drinking. In fact, according to the trial court, the medical consensus is that “prosecution of public inebriates often has a counter-productive effect.” Understandably, almost all groups and individuals knowledgeable about alcoholism, including most of the defendants in this action, favor decriminalization of public inebriation.
- Individual medical screening and evaluation must be performed by a person trained to recognize the medical problems of alcoholics including diseases associated with alcoholism and the complications attendant upon withdrawal from alcohol. Such screening must be performed under the operational supervision of a physician. For the first 90 days following judgment, medical screening must be performed within 180 minutes after jail intake. Thereafter, the screening must be performed within 90 minutes of intake.
In addition, the trial court ordered the City defendants to monitor, at least every hour, the condition of those arrestees who appear to be in need of special attention. As to those
section 647(f) arrestees who present medical abnormalities or require emergency care, the City defendants were ordered to provide for immediate transfer to a hospital. - Within the first four hours of custody,
section 647(f) arrestees must be given a “nutritious sugar-containing product.” Regardless of the regularly scheduled mealtimes, allsection 647(f) arrestees must be offered at least one meal while in custody. Arrestees who are released undersection 849(b)(2) must be given the option of waiting in a “sober tank” until the next scheduled meal, or receiving a box lunch upon release. - During the booking process padded benches or cots must be provided to
section 647(f) arrestees. Arrestees may not be held in a “drunk tank” for more than 20 minutes, and no more than 6 arrestees may be held in a tank at one time. - Within 90 days of thе judgment, chemical tests must be conducted on each
section 647(f) arrestee against whom a complaint will be filed. Chemical tests must also be provided to those arrestees who request such testing prior to, during, or within an hour of booking. - The floors, walls, and benches of all B-wagons must be padded within 90 days of the judgment. Only 10 arrestees may be transported in a B-wagon at one time. No arrestee may be transported in a B-wagon for more than 30 minutes after arrest.
The trial court also granted injunctive relief against the County and its sheriff (hereafter County defendants). The trial court enjoined the County
The trial court reserved jurisdiction to “amplify, modify, supplement, amend, or terminate” its injunctive relief. The court also appointed two medical experts to investigate compliance with the court‘s orders regarding City and County detention facilities. The experts were directed to prepare a report on the “medical adequacy of the procedures, facilities and staffing actually utilized and implemented by the City and County defendants for the processing of [s]ection 647(f) arrestees and pre-trial detainees . . . .”
The trial court also granted declaratory relief “respecting the rights and duties” of various parties. First, the trial court held that insufficient arrest procedures—failure to record both the names of percipient witnesses and the facts indicating violation of
Third, the trial court stated that the elements of the offense must be explained to
The trial court also held that
The trial court rejected the argument that
The trial court denied taxpayer plaintiff Burt M. Rushforth‘s request for an injunction to prevent waste of public resources. The trial court also refused to grant injunctive relief against the members of the county board of supervisors and the Los Angeles County Municipal Court and its presiding judge.
II.
The core of plaintiffs’ challenge to
Penological Justification
This argument is based upon language found in several opinions of the United States Supreme Court. The high court has found that punishment violates the cruel and unusual punishment clause of the
The application of the penological justification argument urged by plaintiffs is a novel one. As with Eighth Amendment challenges generally, the penological justification argument has been discussed in the context of challenges to the conditions of confinement or the severity of the sentence imposed. (See id., at pp. 182-183; Coker v. Georgia, supra, 433 U.S. at pp. 591-592; Rhodes v. Chapman, supra, 452 U.S. at pp. 344-346.) The argument has not been urged as a basis for prohibiting the states from punishing certain conduct criminally. Moreover, plaintiffs cite to no cases in which a court has found incarceration or any other punishment to be so “purposeless” that it constitutes cruel and unusual punishment.
Nevertheless, relying on the trial court‘s findings regarding the proper treatment of the disease of alcoholism and the effect of criminalizing public drunkenness, plaintiffs argue that arrest and prosecution of chronic alcoholics furthers no valid penological purpose. As discussed above (see ante, at pp. 1114-1115) the trial court made extensive findings about the nature of alcoholism and the effect of criminalizing public inebriation. Most significantly, the trial court found that prosecution has no rehabilitative or deterrent effect upon chronic alcoholics.
Despite these findings, plaintiffs’ argument fails as a facial attack on the statute. The trial court‘s findings apply only to chronic alcoholics, while the statute applies to all members of the public. The trial court was not presented with evidence that
Excessive Punishment
Plaintiffs attack
However, the three cases that plaintiffs rely upon to support their excessive punishment claim involve successful challenges to either the statutory penalty or the penalty actually imposed fоr an individual violation of a criminal statute. (See In re Lynch, supra, 8 Cal.3d at pp. 415-417; In re Foss (1974) 10 Cal.3d 910, 916; In re Rodriguez (1975) 14 Cal.3d 639, 642-643.) They do not present cruel or unusual punishment challenges based upon a series of sentences considered in the aggregate. Therefore, the punishment inflicted for violation of
The statutory maximum sentence for violation of
Plaintiffs do not contend that the actual or statutory penalties for individual violations of
The defendant in Foss was sentenced to 10 years to life. During the first 10 years he was statutorily ineligible for parole because he had previously been convicted of possession of heroin. (Id., at p. 916.) This court held that the sentence violated the California Constitution‘s cruel or unusual punishment clause. The Foss court followed the test developed in In re Lynch, supra, 8 Cal.3d at page 425, and found that the nature of the offense and the offender did not warrant a 10-year sentence, in part because “the mandatory minimum term precluding parole consideration for 10 years . . . fail[s] to consider the extent to which the addict‘s repetition of proscribed
The holding in Foss involved a statutorily mandated aggravated term. The court specifically limited its holding to an “increased punishment for a further offense.” (Id., at p. 922.) Foss does not bar the infliction of punishment for repeated violations of a statute, even if the continuing violations are caused by addiction. “Each separate offense involves a punishable actus reus and the repetition of such acts provides a basis other than status upon which to impose sanctions.” (Id., at pp. 922-923; see also id., at p. 922 [“each of the overt acts for which the drug offender is convicted may be independently proscribed“].)
Accordingly, Foss does not conflict with the trial court‘s holding that “[i]n determining whether a sentence is so severe as to violate the Cruel and/or Unusual Punishment Clauses, sentences for violation of the same crime may not be cumulated.” This court agrees with the trial court and finds that punishment of chronic alcoholics for repeated violations of
Arbitrary Enforcement Practices
Plaintiffs also challenge
First, plaintiffs contend that teams of officers are sent to downtown “skid row” areas, but not to other areas, to arrest public inebriates. Second, plaintiffs complain that the timing and location of the arrest, not the condition of the individual arrestee, dictate whether he will be sent to a civil detoxification center, released pursuant to
Plaintiffs’ overall claim of arbitrary enforcement practices relies solely on Furman v. Georgia (1972) 408 U.S. 238 [33 L.Ed.2d 346, 92 S.Ct. 2726], which reversed judgments of death in two rape cases and one murder case on cruel and unusual punishment grounds. Four of the justices, in separate opinions, relied in part on the fact that the death penalty, which was rarely imposed, was inflicted arbitrarily. Justice Douglas was particularly concerned that the discretion vested in the judge or jury allowed for discriminatory imposition of death sentences. (Id., at pp. 255-257 [33 L.Ed.2d at pp. 358-360] (conc. opn. of Douglas, J.).) Justice Stewart noted that death sentences were probably imposed in a discriminatory manner, on the basis of race. (Id., at pp. 309-310 [33 L.Ed.2d at pp. 389-390] (conc. opn. of Stewart, J.).)
Plaintiffs’ reliance on Furman is misplaced. Three of plaintiffs’ four claims of arbitrary practices involve pretrial situations. They do not present the problem discussed in Furman—arbitrary infliction of punishment after conviction.
Plaintiffs point to only one alleged abuse that is arguably governed under the arbitrariness rationale discussed in Furman. Plaintiffs contend that harsher sentences are imposed upon public inebriates who cannot make bail than are imposed upon public inebriates who post bail. This argument is similar to the concern expressed by four of the justices in Furman that the death penalty is arbitrarily imposed because “there is no meaningful basis for distinguishing the few cases in which it is imposed from the many cases in which it is not.” (Furman, supra, 408 U.S. at p. 313 [33 L.Ed.2d at p. 392] (conc. opn. of White, J.); see also id., at p. 249 [33 L.Ed.2d at p. 355] (conc. opn. of Douglas, J.); id., at p. 274 [33 L.Ed.2d at p. 369] (conc. opn. of Brennan, J.); id., at pp. 309-310 [33 L.Ed.2d at pp. 389-390] (conc. opn. of Stewart, J.).) It also echoes the suspicions of discriminatory inflictiоn of punishment raised by Justices Douglas and Stewart.
However, Furman concerned the death penalty, a penalty that is unique in kind and is the most severe penalty that our judicial system may impose.
None of the four justices in Furman who discussed arbitrary infliction of punishment implied that arbitrary or wholly discretionary imposition of sentences other than death would violate the
Plaintiffs cite no authority other than Furman to support their contention that defendants’ sentencing practices violate the
B-Wagon Transport
Plaintiffs also argue that enforcement of
The trial court agreed with plaintiffs that B-wagon transport was unsafe. Therefore, it enjoined the City from using B-wagons unless the floors, benches, and walls were padded, the maximum capacity of the B-wagon was limited to 10 prisoners, and the period of transportation was reduced to a maximum of 30 minutes. Plaintiffs maintain that this relief is insufficient. They contend that the City should be completely enjoined from using B-wagons to transport
Plaintiffs do not dispute the trial court‘s findings of fact that served as the basis for its limited relief. Instead, they argue that “adequate padding” and a “slight reduction in capacity” fail to afford enough relief. To support this contention plaintiffs rely on the report and supplemental report that were filed by the court-appointed medical experts one year after the trial court judgment was entered. The reports were the subject of plaintiffs’
The medical experts determined that although the padding constitutes an improvement, it does not serve to prevent injury from slips and falls within B-wagons. The B-wagons still provide no means of securing passengers so that they are not jostled or thrown about while the B-wagon is in motion. Moreover, the relief ordered provides no means of protecting a passenger from the assaultive conduct of other passengers. Finally, space and ventilation within a B-wagon are inadequate for 10 passengers, and the step used to enter and exit a B-wagon is too narrow and far from the ground to be safely used by intoxicated persons.
Although plaintiffs’ discussion of the reports of the medical experts makes a convincing case for enjoining the use of B-wagons, that decision is more properly left to the trial court. The trial court expressly reserved jurisdiction to “amplify, modify, supplement, amend or terminate” its orders regarding the transportation and incarceration of
County Prearraignment Detention Facilities
The trial court enjoined the City defendants from incarcerating
Plaintiffs rely on the following findings of fact regarding the County defendants’ procedures for processing
Trial testimony indicates that in making
The trial court found that City jail facilities lacking trained personnel failed to meet the medical needs of
Dehabilitative Enforcement Practices
Plaintiffs also argue that defendants’ enforcement practices constitute cruel and unusual punishment because the
Plaintiffs’ argument is supported by the trial court‘s finding that “[p]rosecuting public inebriates through the penal system has no positive
However, the authorities relied upon by plaintiffs are inapposite. Pugh v. Locke involved prison conditions. The same standard should not apply to the incarceration of public inebriates for short periods of time. County jails, which serve primarily as detention centers, are neither intended nor equipped to provide rehabilitative services. (See McGinnis v. Royster (1973) 410 U.S. 263, 273 [35 L.Ed.2d 282, 290, 93 S.Ct. 1055].) Also, the “other conditions” present in Finney v. Arkansas Board of Correction, supra,—arduous labor conditions, threats of physical and mental abuse, and lack of free time—are not present here. (See Finney v. Arkansas Board of Correction, supra, 505 F.2d at p. 209.)
Accordingly, to the extent that criminal prosecution of chronic alcoholics under
Constitutional Right to Treatment
Plaintiffs also argue that
This argument depends upon an analogy to civil commitment cases. These cases hold that a person who is involuntarily committed on the basis of a mental or physical condition has a constitutional right to treatment while incarcerated. “[I]nvoluntary confinement for the ‘status’ of having a mental or physical illness or disorder constitutes a violation of the cruel and unusual punishment clauses of both the state and federal Constitutions . . . unless it is accompanied by adequate treatment.” (People v. Feagley (1975) 14 Cal.3d 338, 359 [121 Cal.Rptr. 509, 535 P.2d 373]; see also Ohlinger v.
In light of the fact that there are virtually no
Plaintiffs’ argument lacks merit. Arrest and incarceration pursuant to
The Legislature has determined that public intoxication is a crime if the intoxicant is “unable to exercise care for his own safety or the safety of others.” (
As the trial court concluded, the criminal justice system has thus been “distorted out of shape” in order to deal with the problem of public intoxication. This fact is illustrated by the virtual absence of
Plaintiffs also argue that defendants’
Arraignment Practices
First, plaintiffs attack defendants’ arraignment practices. They contend that defendants fail to provide
The trial court agreed that the arraignment procedures applied to
The trial court found these procedures unacceptable and granted declaratory relief against the Los Angeles County Municipal Court and its presiding judge. The trial court declared that when a
The trial court also agreed with plaintiffs that there was a “consistent failure” on the part of defendant municipal court to inform
The trial court also held that if the police report is to be the basis of the probable cause finding, the report must establish a factual basis for each element of the offense. An arrest report that states merely that the arrestee was found in public unable to care for himself or others is insufficient to support a finding of probable cause.
Defendants do not contest the trial court‘s conclusion that their arraignment practices violate due process. Nor do they challenge the relief fashioned by the trial court in an effort to remedy the due process abuses. Therefore, this court need not decide whether the trial court correctly decided these issues.
Right to Trial
Similarly, this court need not determine whether the trial court erred in accepting plaintiffs’ contention that
As the trial court noted,
In contrast, in the years 1973 through 1976, the average sentence imposed upon a guilty plea at arraignment ranged from five to eight days. During the trial of this action, between July 9 and August 29, 1977, the average sentence was only 1.87 days. Therefore, the expectation of a short period of incarceration often results in a guilty plea.
As to those
Dismissal is often necessary because the LAPD uses short form arrest reports and does not note the identity of witnesses, retain evidence, or administer either field sobriety tests or chemical tests of intoxication. In addition, certain police officers routinely make so many
In light of these facts, the trial court agreed with plaintiffs that
To remedy this problem the trial court granted declaratory relief in two respects. First, the trial court found that the LAPD‘s arrest procedures, including the failure to record the identity of percipient witnesses and the officers’ observations, leads in a significant number of cases to a denial of due process and the right to trial. Second, the trial court declared that, absent waiver,
Plaintiffs argue on appeal, however, that the trial court‘s remedy is inadequate. Noting the short sentences generally accorded
This court does not agree. As plaintiffs allege, lenient sentencing policies in the context of
Plaintiffs also argue generally that the trial court‘s remedies for the “systemic constitutional deficiencies” are inadequate because the due process abuses can never be eliminated from
The trial court‘s remedies, plaintiffs argue, are piecemeal relief for a systemic problem. The due process abuses that result from the fact that
In addition, plaintiffs argue that the trial court‘s recognition of the constitutional defense is equally ineffective. The overwhelming majority of
This we decline to do. Although the adoption of Special Order 23 demonstrates that
Exercise of Prosecutorial Discretion
Finally, plaintiffs also argue that defendants’ systematic failure to exercise prosecutorial discretion in
After mid-1975, some prosecutorial review was instituted. Plaintiffs argue, however, that this review is very limited, resulting in an artificially low rejection rate. Plaintiffs assert that the city attorney‘s failure to exercise “meaningful” prosecutorial discretion violates due process. The trial court made no specific findings regarding this claim, and entered no relief against the city attorney‘s office.
Prosecutors have broad decisionmaking power in charging crimes. (Gershman, Prosecutorial Misconduct (1985) ch. 4, pp. 4-3—4-6.) “The judiciary historically has shown an extraordinary deference to the prosecutor‘s decision-making function.” (Id., at p. 4-5.) Although relief may be available if a defendant can demonstrate selective prosecution (see Yick Wo v. Hopkins (1886) 118 U.S. 356 [30 L.Ed. 220, 6 S.Ct. 1064]) or vindictive prosecution (see North Carolina v. Pearce (1969) 395 U.S. 711 [23 L.Ed.2d 656, 89 S.Ct. 2072]), reversals on these grounds are rare. (Gershman, supra, at pp. 4-12, 4-35.)
Plaintiffs cite no authority for the proposition that the prosecutor‘s failure to exercise sufficient, or indeed any, discretion in determining whether to file charges constitutes a denial of due process. Therefore, this court affirms the trial court‘s decision not to grant injunctive relief against the Los Angeles City Attorney‘s office.
IV.
In July of 1977, two weeks before trial, the LAPD adopted Special Order 23. Promulgated pursuant to
Although the trial court fоund that the typical practices and procedures of the municipal court remained the same after the adoption of Special Order 23, the number of
Plaintiffs argue that Special Order 23‘s implementation of
Plaintiffs cite much authority for the proposition that criminal laws must contain specific standards. The cases cited all involve criminal statutes challenged on the ground that the conduct they prohibit is not adequately described. (See, e.g., Grayned v. City of Rockford (1972) 408 U.S. 104, 107-108 [33 L.Ed.2d 222, 226-227, 92 S.Ct. 2294]; Smith v. Goguen (1974) 415 U.S. 566, 571-573 [39 L.Ed.2d 605, 610-612, 94 S.Ct. 1242]; Coates v. City of Cincinnati (1971) 402 U.S. 611, 614 [29 L.Ed.2d 214, 217, 91 S.Ct. 1686].) However, neither Special Order 23 nor
Nor can it be said that these provisions “impermissibly delegate[] basic policy matters to policemen, judges and juries. . . .” (Id., at pp. 108-109 [33 L.Ed.2d at p. 228].) The “basic policy matter[]” is the decision whether the conduct described in
Finally, there is no suggestion that
Assuming the existence of probable cause, the arrest and initial detention of public inebriates is lawful because
However, when
Amici American Civil Liberties Union and San Francisco Lawyers’ Committee for Urban Affairs advance a fundamental attack on
Specifically, amici‘s argument is as follows. An individual cannot be deprived of personal liberty, a fundamental right, without due process of law. (Van Atta v. Scott (1980) 27 Cal.3d 424, 434-435 [166 Cal.Rptr. 149, 613 P.2d 210].) Although criminal involvement may be a sufficiently compelling reason to deprive a person of liberty, numerous constraints have been applied to protect against arbitrary and unjustified deprivations. For example, arrests must be supported by probable cause. (Michigan v. Summers (1981) 452 U.S. 692, 700 [69 L.Ed.2d 340, 348, 101 S.Ct. 2587].) The burden of justifying a warrantless arrest is on the police (see Cervantez v. J.C. Penney Co. (1979) 24 Cal.3d 579, 592 [156 Cal.Rptr. 198, 595 P.2d 975]), and arrests must be based on clear, specific laws which give sufficient notice to both the accused and the police of the conduct which is forbidden. (Papachristou v. City of Jacksonville (1972) 405 U.S. 156, 162 [31 L.Ed.2d 110, 115, 92 S.Ct. 839].)
Amici contend that these constitutional protections are meaningless when arrestees are never charged. Since there is no review by а neutral and detached judiciary, practices that may result in arrests without probable cause, or other abuses, can continue unchecked. Amici argue that the law should not be powerless to deal with situations like this involving cases that will never enter the judicial system.
Although it may be argued that an individual case of abuse could be remedied by a civil suit for damages, amici argue that it is unrealistic to expect the chronic, homeless alcoholics to whom this section is repeatedly applied to locate a lawyer and institute an action. Furthermore, a jury might award only nominal damages in such an action on the theory that the police were only attempting to remove what many might consider an unaesthetic nuisance from the streets.
Amici rely on cases decided under the bad faith doctrine. This doctrine is applied by federal courts to enjoin state criminal prosecutions commenced without genuine expectation of conviction, for the purpose of harassing defendants and discouraging their exercise of constitutionally protected rights. (See Dombrowski v. Pfister (1965) 380 U.S. 479 [14 L.Ed.2d 22, 85 S.Ct. 1116]; Allee v. Medrano (1974) 416 U.S. 802 [40 L.Ed.2d 566, 94 S.Ct. 2191].)
For example, in Allee v. Medrano, supra, 416 U.S. 802, the court intervened to halt the prosecution in Texas of members of the United Farm Workers Union for, among other offenses, disturbing the peace and unlawful assembly. The court found that law enforcement officers had engaged in harassment arrests of union members in order to break the strike. The harassment had caused members to become fearful of exercising their rights of free expression, association and assembly. Moreover, “[p]otential supporters of their cause were placed in fear of lending their support.” (Id., at p. 815 [40 L.Ed.2d at p. 580].)
This court concludes that the authority relied upon by amici is not applicable to the situation presented by this case. Public inebriates are not arrested under
V.
Brent N. Rushforth, the taxpayer plaintiff, argues that criminal enforcement of
The trial court rejected this argument. It held that “waste” as used in
In Harnett v. County of Sacramento (1925) 195 Cal. 676 [235 P. 445], this court upheld the trial court‘s order enjoining the Board of Supervisors of Sacramento County from holding an election. The election was enjoined because even if the electorate had approved the ordinance in question, the ordinance was unlawful and could not have been enforced. “Where it is proposed to hold an election for the submission of a measure to the popular vote, and that measure will be wholly void and inoperative even if adopted by the people, the courts may, at the instance of a resident taxpayer, enjoin the holding of the election upon the ground that it will be a useless expenditure and waste of public funds (
Harnett‘s definition of waste as a “useless expenditure of funds” was utilized in City of Ceres v. City of Modesto (1969) 274 Cal.App.2d 545 [79 Cal.Rptr. 168]. Ceres involved a taxpayer‘s
In reaching its conclusion that the taxpayer plaintiff should have been given an opportunity to amend his complaint, the court in Ceres provided the following definition of waste. “[T]he term ‘waste’ as used in
Under the rationale of Ceres, criminal enforcement of
The Legislature determined that public intoxication is a crime and it offered counties the option of diverting
VI.
The judgment of the trial court is affirmed. The cause is remanded for a determination whether County defendants should be enjoined from incarcerating
GRODIN, J.——I concur in the judgment. I do not, however, fully accept the characterization of the issues adopted by the majority, nor do I join in the assumption that the principles applicable to sentence and punishment are relevant to pretrial incarceration.
I fully agree with the majority and the dissenting opinion that chronic alcoholism is a serious social problem which the criminal justice system is
Nonetheless, I agree that the law is constitutional and that the validity of the statute is not called into question by the procedures through which it is implemented. Enjoining the enforcement of a valid penal statute to prevent abuses in pretrial detention of arrestees or in proceedings leading to the filing and disposition of charges is not an option available to the court. There is no finding in this case that the arrests for violation of
The judgment of the trial court reflects great sensitivity both to the human problems associated with the arrest and incarceration of alcoholics and to the constitutional rights of the arrestees. I would affirm it in all respects, recognizing that the court has reserved jurisdiction and thus may consider any additional evidence plaintiffs offer regarding the adequacy of medical screening and treatment for arrestees in county detention facilities. Nevertheless, because disposition of this matter requires the concurrence of at least four justices in the order remanding the cause for further proceedings, I concur in the judgment. (People v. Harris (1984) 36 Cal.3d 36, 71-72 [201 Cal.Rptr. 782, 679 P.2d 433], conc. opn. by Grodin, J.)
Lucas, J., concurred.
BIRD, C. J., Concurring and Dissenting.——Although I concur with much of thе discussion in the lead opinion, I write separately to stress the inherent limitations of such a solution. Despite its recognition that criminal processing of public inebriates is dehabilitative, dehumanizing and wholly ineffective, the court fails to order relief to remedy the widespread constitutional violations that permeate the present system.
Every day, individuals are rounded up and crowded into unsanitary facilities, forced to experience the dangerous initial stages of withdrawal with little or no medical attention, and then released. The greater the disease, the more often they are arrested, the more often their constitutional rights are violated, and the more often they are subjected to cruel and inhuman conditions. Treatment of the public inebriate in our criminal justice system
evidences the extent to which courts and law enforcement agencies will sacrifice proper legal procedures in the interests of expediency.
Violations of
The typical arrest for public drunkenness begins in the skid row area of downtown Los Angeles.4 An LAPD footbeat officer circulates in his designated area equipped with a pad of “Short Form Arrest Reports.” When an officer finds a person who is apparently unable to care for himself due to his intoxicated condition, a report is filled out. The report consists of physical data identifying the arrestee and a number of boxes to check indicating the presence of certain indicia of intoxication, such as staggering gait, slurred speech, bloodshot eyes.
In the narrative section of the report, the officer enters a short conclusionary statement which invariably reads: “Defendant observed drunk in public unable to care for himself.” The names of civilian or law enforcement witnesses are not entered and no attempt is made to preserve circumstantial physical evidence of the alleged violation.
Moreover, unlike the standard arrеst procedures employed for other high-volume offenses such as driving under the influence of alcohol (
After the arrest, the officer summons a B-wagon to transport the prisoner to the Parker Center jail. B-wagons are vans with windowless, enclosed prisoner compartments and wooden benches. Arrestees may be confined in the B-wagon as long as an hour during transit6 and there are no toilet facilities. The van is frequently filled beyond reasonable capacity and there is no direct supervision in the prisoner compartment. As a result, prisoners urinate and vomit on the floor (or upon one another if any are unconscious), and fights, thefts, and injuries are commonplace. Even those individuals who were unconscious or semicomatose when arrested are transported in this fashion.
After the arrestee is processed through booking, he is placed in an overcrowded concrete “drunk tank” to await arraignment. No benches, beds, or bedding are provided (although these are available to all other misdemeanor arrestees). Each prisoner must either sit on the floor or stand. There is one toilet for approximately 40 arrestees and no shower. Nutrition is medically insufficient. Two $0.67 meals are served per day, one at 4:30 a.m. and one at 4:30 p.m. A prisoner may, therefore, be in jail for nearly 12 hours before being fed.
Throughout the prearraignment period,
At this point in the processing, there are several alternatives available to the arresting authorities. The arrestee may be: (1) released on bail or his own recognizance; (2) referred to a civil detoxification center; (3) released
The majority of
There are two statutory alternatives to criminal processing for those
These statistics clearly demonstrate that the time and locale of the arrest determine whether any particular individual receives a referral. The facility is generally filled to capacity with referrals from the LAPD. As a result, in 1975 and 1976 there were no
The second
Those arrestees who cannot stay in the overcrowded tank11 are transported to the metropolitan arraignment court and confined pending their appearance. Holding tanks at the arraignment court have unpadded concrete floors, walls, and unpadded wooden benches. Prior to the filing of this action, the tanks were extremely crowded with little, if any, medical attention provided.
At the beginning of the arraignment proceedings, the magistrate admonishes the group of arrestees en masse of thеir constitutional rights. During the admonitions, municipal court judges and commissioners consistently fail to explain the nature and elements of the offense, to take individual, express waivers of constitutional rights, and to determine whether there is a factual basis for guilty pleas. No notice of the defendants’ right to move for a hearing on probable cause is provided. Since the majority of
The trial court concluded that there has been a “wholesale, almost universal, denial” of the due process right to a proper arraignment. The following example of the type of arraignments that took place in the municipal court illustrates how ludicrous the proceedings often were:
“[The Court:] Judith Tyronne. How do you plead?
“Ms. Tyronne: Yes.
“The Court: I didn‘t hear you. Do you understand?
“Ms. Tyronne: No, May—
“The Court: I can‘t hear you. How do you plead to the charge that you [were] intoxicated in public?
“Ms. Tyronne: Yes. “The Court: What? Are you pleading guilty or not guilty?
“Ms. Tyronne: Yes.
“The Court: What? Are you pleading guilty or not guilty?
“Ms. Tyronne: No.
“The Court: Which?
“Ms. Tyronne: No.
“The Court: I will have to have somebody talk to her closer.
“[Unidentified Person]: She wants to go ahead and plead guilty, your Honor. I have been talking to her.
“The Court: All right. She has been in for several days already. It is $50 or two days suspended. Since you have already done several days it will be suspended.”
As noted, virtually all
Another factor contributing to the absence of trials in
The arrest records of the three named plaintiffs in this action reveal how the right to trial for
These histories vividly demonstrate how the procedures utilized in
After an eight-week trial, the trial court issued a memorandum opinion which declared that the “investigative, accusatorial, prosecuting, and judicial policies, practices, and procedures involved in the handling of
The relief granted by the trial court remedies many of the systemic due process violations that pervade the prosecution and hearing of
As the trial court noted in its findings regarding the nature and treatment of the disease of alcoholism (see maj. opn. at pp. 1114-1115), the penal system “has no positive effect on rehabilitating alcoholics” and cannot alleviate the continuing compulsion to drink. In fact, the trial court found that the consensus among medical experts is that criminal prosecution of public inebriates may actually perpetuate and exacerbate the underlying illness and the compulsion to drink.
According to the National Council on Alcoholism, “[A]lcoholism is a chronic, progressive and potentially fatal disease. It is characterized by tolerance and physical dependency or pathologic organ changes, or both—all the direct or indirect consequences of the alcohol ingested.” As the trial court noted, medical authorities agree that the “loss of control” phenomenon is physiological.
The nature of the illness is such that an alcoholic facing the initial stages of withdrawal will do “anything” to avoid the symptoms that accompany that state. Moreover, once the alcoholic starts drinking, he is physiologically and psychologically unable to control the amount he ingests. The end result for a significant percentage of alcoholics is that they are unable to refrain from drinking to the point where they can no longer care for themselves.
Many of those who are physiologically and psychologically dependent on alcohol are also unable to refrain from appearing in public while intoxicated. Organic brain syndrome, a symptom of advanced alcoholism, may
After considering the testimony of law enforcement personnel, the trial court concluded that “everyone involved in the criminal processing of
This conclusion is bolstered by the fact that the percentage of
Despite the realization that the methodology used will not accomplish desired social objectives nor aid those individuals who are desperately in need of medical and psychological care, these egregious practices continue unabated. The remedies proposed by the trial court may provide some symptomatic relief, but they do not address the fundamental problem.
The root of the problem is easy to ascertain. Legislative formulations muddle the two justifications for involuntary confinement of individuals suffering from mental illness or substance addiction. For example, under the current statutory scheme, a chronic alcoholic can be detained if “he is unable to exercise care for his own safety or the safety of others. . . .” (
If the purpose of the commitment is not to punish but to aid the individual in his battle against an illness, then different procedures must be adopted. Under the present scheme, it is clear that there has been little consideration of the notion that confinement based on the need for care and treatment might imрlicate different rights and concerns from confinement predicated on the need for societal protection. The result is a confusion of statutory purpose in which law enforcement personnel and legislators adopt “treatment” language to approve procedural informality and alternately turn to the rationale of preventive detention when treatment is unavailable.
This type of rationalization perverts the system, frustrates those who are working to change it, and stigmatizes those who are forced to endure it. The case before this court provides a stark illustration. Under the benevolent rubric of care for the sick, procedural constraints are slackened or dropped, and the individual is confined in a situation that provides no treatment and many of the characteristics of preventive detention. The use of criminal processes, facilities, and sanctions are harmful, dehumanizing and dehabilitative. Prisoners are pushed through the revolving door of the criminal justice system again and again, only to suffer pointless, recurrent restraints on their personal liberty and the attendant pain of repeated forced withdrawal, without any hope or prospect of recovery.
Faced with a system which, contrary to public opinion, refuses to decriminalize public intoxication, the courts have no alternative but to ensure that the handling of
Isn‘t it about time the Legislature addressed this long smoldering scandal? Can a civilized society call itself such if it allows these processes to continue unabated?
In the absence of legislative action, this court must address whether different procedures must be adopted if the purpose of the commitment is to aid the individual in his battle against an illness. Any solution to the problem of inconsistent rationales must begin with an effort on the part of both the courts and the Legislature to distinguish more clearly between the
“[I]nvoluntary confinement of an individual for any reason, is a deprivation of liberty which the state cannot accomplish without due process of law.” (O‘Connor v. Donaldson (1975) 422 U.S. 563, 580 [45 L.Ed.2d 396, 410, 95 S.Ct. 2486] (conc. opn. of Burger, C. J.); see Vitek v. Jones (1980) 445 U.S. 480, 491-492 [63 L.Ed.2d 552, 563-564, 100 S.Ct. 1254]; Addington v. Texas (1979) 441 U.S. 418, 425 [60 L.Ed.2d 323, 330, 99 S.Ct. 1804].) Whether the state purports to act pursuant to a parens patriae interest in promoting the welfare and providing care for those in need of treatment, or pursuant to its police power interest in protecting society, it may not curtail or deny
Thus, if the state intends to confine someone solely for the protection of others, it must do so under statutes with clearly delineated standards and procedures which mirror those found in the criminal process.18 When the need for societal protection is not asserted and procedure is slighted nevertheless, only the provision of rehabilitative treatment for the person confined can justify detention. If confinement is undertaken for the purpose of providing care, then the absence of such treatment violates the individual‘s due process entitlement.
As the United States Supreme Court commented when it addressed the issue of custodial confinement of the mentally ill: “there is still no consti-
In the present case, as noted above, not only are the procedures seriously deficient, but the belief is pervasive among law enforcement personnel that public drunkenness does not constitute a “real” crime. In fact, the design for the current procedures was based on the recognition that repeated incarceration could not realistically be considered a cure and, therefore, would serve only as a means of protecting the inebriate from his own illness.
Ironically, although the disease of alcoholism and its attendant manifestations are the justifications proffered for the form of preventive detention currently utilized by the LAPD, the illness and its acute medical complications are uniformly ignored once the inebriates are confined in the drunk tanks. Medical supervision is grossly insufficient and counseling is almost never provided. In addition, since meals are served only аt 4:30 a.m. and 4:30 p.m., many detainees may be held for up to 12 hours without receiving any food at all. Perhaps the most inhumane facet of the
As the record in this case more than adequately demonstrates, there is no meaningful opportunity for these individuals arrested under
Moreover,
The existence of a constitutional right to care and treatment for persons involuntarily confined is no longer a novel proposition. The notion of a due process right to treatment was first advanced by Chief Judge Bazelon in Rouse v. Cameron (D.C. Cir. 1966) 373 F.2d 451. Although the decision was based on a District of Columbia statutory provision, Judge Bazelon suggested that involuntary institutionalization without “adequate treatment” involved a constitutional infringement of liberty. (Id., at p. 455.)
Since that decision, our courts have addressed at length the rights of individuals who have been involuntarily confined. In Wyatt v. Stickney (M.D. Ala. 1971) 325 F.Supp. 781, affirmed in part and remanded in part sub nom. Wyatt v. Aderholt (5th Cir. 1974) 503 F.2d 1305, Judge Bazelon‘s dictum was applied and the court found a constitutional right to treatment for involuntarily committed mental patients. The Wyatt v. Stickney court held that confined patients “unquestionably have a constitutional right to receive such individual treatment as will give each of them a realistic opportunity to be cured or to improve his or her mental condition.” (Id., at p. 784.) Chief Judge Johnson then succinctly articulated the doctrinal basis for the newly recognized right: “[t]o deprive any citizen of his or her liberty upon the altruistic theory that the confinement is for humane therapeutic reasons and then fail to provide adequate treatment violates the very fundamentals of due process.” (Id., at p. 785, italics added.)
The theory of a federal right to treatment rooted in the due process clause was fully developed in Donaldson v. O‘Connor (5th Cir. 1974) 493 F.2d 507. In that case, the plaintiff had been involuntarily incarcerated in a state-owned-and-operated mental institution for neаrly 15 years. Uncontradicted testimony indicated that he was not dangerous and could survive responsibly on his own or with the aid of others. During his incarceration, he received virtually no treatment. (Id., at pp. 510-511, 517.)
According to the Donaldson court, any intrusion on an individual‘s freedom must be justified on the basis of a permissible governmental goal. Where the state‘s purpose in committing an individual is to care for him,
On review, the United States Supreme Court declined to rule expressly on the issue of the right to treatment. Instead, the court chose to focus on the liberty interest of the confined individual. It ruled that the state could not properly retain without treatment a nondangerous individual in its custodial care who had shown himself capable of surviving in freedom. (O‘Connor v. Donaldson, supra, 422 U.S. at p. 576 [63 L.Ed.2d at p. 407].) In doing so, the court implicitly incorporated into the constitutional right of liberty many of the essential characteristics of the federal right to treatment. Shortly after its ruling in O‘Connor, the Supreme Court denied certiorari in the case of Burnham v. Department of Public Health of the State of Georgia (5th Cir. 1974) 503 F.2d 1319, certiorari denied sub. nom. Department of Human Resources of Georgia v. Burnham (1975) 422 U.S. 1057 [45 L.Ed.2d 709, 95 S.Ct. 2680]. In Burnham, the Fifth Circuit relied on its earlier ruling in Donaldson to overrule a district court which had refused to recognize the constitutional right to treatment. (See Burnham v. Department of Pub. Health of State of Ga. (N.D. Ga. 1972) 349 F.Supp. 1335, 1341-1343.)
In the wake of these decisions, the overwhelming majority of federal courts have accepted and enforced the constitutional right to treatment. (Woe v. Cuomo (2d Cir. 1984) 729 F.2d 96, 104; United States ex rel. Schuster v. Herold (2d Cir. 1969) 410 F.2d 1071, 1087-1089, cert. den. 396 U.S. 847; Harper v. Cserr (1st Cir. 1976) 544 F.2d 1121; Bowring v. Godwin (4th Cir. 1977) 551 F.2d 44, 48, fn. 3; Welsch v. Likins (8th Cir. 1977) 550 F.2d 1122, 1126, fn. 6; Doe v. Public Health Trust of Dade County (11th Cir. 1983) 696 F.2d 901, 902-903; Davis v. Watkins (N.D. Ohio 1974) 384 F.Supp. 1196, supplemented sub. nom. Davis v. Hubbard (N.D. Ohio 1980) 506 F.Supp. 915; Evans v. Washington (D.D.C. 1978) 459 F.Supp. 483, 484; Ass‘n for Retarded Citizens of North Dakota v. Olson (8th Cir. 1983) 713 F.2d 1384, 1392-1393; Scott v. Plante (3d Cir. 1981) 641 F.2d 117, vacated and remanded (1982) 458 U.S. 1101, original order affd. (3d Cir. 1982) 691 F.2d 634.)
Although O‘Connor, supra, 422 U.S. 563 by its terms applied only to committees who are nondangerous and capable of surviving in freedom, subsequent federal cases have extended the right-to-treatment principle to
Similarly, this court has ruled that both individuals who have been deemed nondangerous and those who remain dangerous have a right to treatment. In People v. Feagley (1975) 14 Cal.3d 338, 375-376 [121 Cal.Rptr. 509, 535 P.2d 373], this court held that the involuntary commitment of a mentally disordered sex offender, without the provision of more than custodial care, violated both the federal and state constitutional proscriptions against cruel and unusual punishment.
More significantly, as the Ninth Circuit noted recently in a decision addressing the cоnstitutionality of certain provisions of the Lanterman-Petris-Short Act [hereafter LPS],22 involuntary confinement to a mental facility for even extremely short periods of time constitutes “‘a massive curtailment of liberty‘” which requires strict due process protections. (Doe v. Gallinot (9th Cir. 1981) 657 F.2d 1017, 1021.)23
In fact, the substance of the provisions of the LPS act clearly demonstrates that the Legislature recognizes this state‘s obligation to provide treatment services for our disabled citizens. In the opening section of the LPS act, the Legislature has declared that it is the state‘s responsibility to provide prompt evaluation and individualized treatment for persons with serious disorders or impaired by chronic alcoholism. (
In the present case, the trial court stated that “[t]he evidence showed without contradiction that neither in the city or county jail is an attempt made to treat a public inebriate for his ‘alcoholism,’ as distinguished from treating such defendant for acute medical problems caused by alcoholism . . . [H]owever in actuality . . . the procedures in the city jail do not [even] provide [the] minimum necessary medical treatment [for] the acute phases of detoxification . . .” or any other problems associated with the illness “unless there is something obviously wrong on a cursory examination by a booking sergeant or where the defendant himself is in sufficient command of his [faculties] to ask for medical help.”
In the last 10 years, the treatment of alcoholism has progressed substantially. As the trial court noted, the recognition among a majority of states that the “jail custodial setting is not appropriate for treatment of . . . alcoholic[s]” has engendered the development of successful alternatives to criminal processing. Alcoholism is now perceived as a treatable disease that can be managed with proper medical care, psychological support, and education. As a result, many states have decriminalized public intoxication and have mandated placement in civil detoxification facilities.
Despite its recognition that criminal processing is not only ineffective but also detrimental to the detainees, the trial court ordered only piecemeal relief to remedy the many egregious due process violations. These measures are of little benefit to any detainee, since the procedural guidelines promulgated by LAPD Special Order 23 continue unabated.
Any attempt to deal with these individuals in a manner which affords them some dignity and does not violate their constitutional rights clearly cannot be restricted to the context of the criminal justice system. The relief ordered by this court cannot possibly affect the daily injustices perpetrated by defendants’ “criminal detoxification system.”
The brand of protective custody fostered by the LAPD‘s utilization of the
Plaintiffs have clearly demonstrated that referral to civil detoxification facilities is essential to the effective treatment and care of chronic alcoholics. Therefore, if the state‘s goal is, in part, to provide care for those chronically ill as a result of their addiction, then adequate treatment must be provided. (See Woe v. Cuomo, supra, 722 F.2d 96.)
Reynoso, J., concurred.
The petition of defendants and respondents for a rehearing was denied February 5, 1987.
Notes
Although defendants accept the existence of the constitutional defense, plaintiffs challenge the trial court‘s order, contending that the trial court erred in allocating the burden of proving the constitutional defense. Since due process demands that the prosecution bear the burden of proving all elements of the offense (People v. Tewksbury (1976) 15 Cal.3d 953, 963), and the constitutional defense negates mens rea, plaintiffs assert that the accused need only raise a reasonable doubt as to the existence of the constitutional defense to
This court need not resolve this dispute in this case because the issue is presented only in the abstract. The underlying proceeding was not a