SANTA ANA -- The early release of jail inmates in Orange County can continue for now, an Orange County judge ruled Thursday.   

Orange County Superior Court Judge Steven Perk denied a temporary restraining order sought by the Association of Orange County Deputy Sheriffs that would have prohibited Sheriff Sandra Hutchens from releasing inmates early under a new state law, but the judge also agreed to hear arguments March 12 on a request for a preliminary injunction that would do the same thing.   

The association, which is the union representing deputies, wants the sheriff to stop releasing inmates under a new state law that sets a new formula for calculating good-time behavior and work credits to reduce sentences.   

Wayne Quint, president of the union, called on Hutchens to stop the early releases since attorneys representing Orange County argued that only Hutchens has the authority to do so.   

"Our association is disappointed the judge didn't issue the temporary restraining order, but we still believe the public out there is in danger of being victimized,'' Quint said.   

Messages left with Hutchens' office were not immediately returned.   

At a hearing this morning, attorneys representing the county noted the union's lawsuit does not specifically name the sheriff, and Perk seemed to agree.

"How do I issue an order to the Board of Supervisors telling the sheriff how to run the jail?'' he asked the union's attorneys. "If I don't have jurisdiction over that person then I don't have the authority.''   

Attorney David Mastagni, who represents the sheriff's union, argued the sheriff is a "political subdivision'' of the county and by extension would be covered by any order the judge hands down to the county.   

Mastagni also noted the sheriff's policy is based on the advice of the county counsel.   

The county has acknowledged wrongly releasing about 400 inmates because jailers applied good-time and work credits to sentences going back to before the new law took effect Jan. 25. Attorney General Jerry Brown issued a legal opinion this week advising county jailers to only apply the new formula from Jan. 25 on.   

The new law, which was created to ease prison overcrowding as well as the state budget deficit, has sparked debate and confusion, as authorities try to determine whether it applies to county jails as well as state prisons.

More than 1,500 inmates have been released from county jails around California in response to the new legislation, including 401 in Orange County, Quint said.   

Before Jan. 25, prisoners generally earned one day of good-time or work credit for every two days they were in custody. The new law basically doubles the time they can cut off their sentences by allowing them to earn one day of credit for each day they serve if they behave or work. The new law does not apply to sex offenders.   

Officials in Orange, Riverside, San Bernardino, Ventura, Sacramento and other counties have said their legal counsels advised them the law does apply to county jails, but the deputies' attorneys argued the law only applies to state prisons.   

Assembly Majority Leader Alberto Torrico, D-Fremont, a lawyer who helped craft the legislation, filed a statement with the court supporting the deputies' position.   

"Throughout all of the discussions with law enforcement, with other assembly members, including (Assembly Speaker Karen Bass, D-Los Angeles), it was clear that all of the provisions for prison reform would be applicable only to state inmates,'' Torrico said in the legal filing.   

"At no time was there any discussion that the provisions would apply to county inmates. This was clear because we were crafting legislation in response to a court order that was only applicable to inmates in state prisons, not county facilities,'' he said.   

The law is aimed at reducing the number of inmates in California prisons, which are under a federal court order to reduce crowding. Torrico is working to amend his legislation to make it clear it applies to state prisoners, not county inmates.   

Agreement with that stance was evident in Sacramento on Feb. 10, when a judge ordered a temporary halt to that county's early releases, saying the legislation applies only to state prisons and not county jails. The judge was siding with a deputy sheriff's union that filed suit against the Sacramento County Sheriff's Department to block the releases.   

The attorneys in Orange County also argued over whether the deputies can sue the county.   

Mastagni argued they can because they are taxpayers and employees who could be disciplined if they disobey the sheriff.   

Attorney Wendy Phillips, who represents the county, said it's "speculative'' to say the deputies would face discipline, and the lawsuit does not specify whether the deputies who are suing are jailers.   

Phillips further argued that the county Board of Supervisors provides the money for Sheriff Hutchens to run her office, but that she is responsible for administering it.   

"Where's the line drawn?'' Judge Perk asked. "Every time a deputy gets an order he doesn't like?''   

"The line is whenever an order violates the state or U.S. constitution or California law,'' Mastagni said.