MAHONING COUNTY Judges increase use of jail alternatives

Judges like day reporting and community service as alternatives to jail.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Crime and punishment still go hand-in-hand in Mahoning County, but the punishment isn't always jail.
Judges are making more use of alternative punishments such as community service and day-reporting programs, statistics from Community Corrections Agency show.
Located on Market Street, CCA is a private, nonprofit company that provides probation and jail services for county and local municipal courts. Its annual report for 2000 showed a dramatic increase in the use of alternative sentences.
Here's why: Dr. Richard A. Billak, CCA chief executive officer, said it's because judges have only lately begun to see programs such as day reporting and community service as viable options to incarceration. Reducing recidivism seems to be the goal, he said.
"You've got a whole new corps of judges who closely look at how to sentence so offenders don't come back into the system," Billak said. "They tend to feel that's a responsible way of sentencing."
The CCA programs, and others like them, are aimed at rehabilitating people convicted of crimes, which is why judges say they like them as options.
"Everybody seems to be taking a closer look at alternative sentences," said Judge James C. Evans of common pleas court. "It's a good concept."
He rarely uses community service as a punishment in common pleas court, but used it frequently when he presided in the county's area court system, which handles misdemeanor cases.
Preferences: On the common pleas bench, where he handles felonies, Judge Evans said he often uses day reporting as an alternative to jail. It works well in cases where the defendant is employed or has a good chance of obtaining a job.
"I don't want to cost anyone a job if I can avoid it," Judge Evans said. "Day reporting allows a guy to go to the job and we can still keep a finger on him."
Day reporting is a class curriculum that defendants are required to attend four days a week for eight weeks, Billak said. They are given instruction in topics such as chemical dependency, anger management, domestic violence and job placement.
If they fail to complete the program, a jail sentence can be imposed. Billak said day reporting is frequently used for defendants in the common pleas drug court, which is aimed at rehabilitating people charged with drug-related crimes.
Rehabilitation is the key in handing out alternative sentences, said Judges Robert A. Douglas Jr. and Elizabeth Kobly of Youngstown Municipal Court.
"Keeping the recidivism rate down is always the goal," Judge Kobly said. "We have to help these people when we can. If I can stop somebody from coming back into the system, I'll try it."
Need for punishment: And while helping people try to break life cycles that lead them to court is important, Judge Douglas said it's also important for them to feel some sort of punishment.
In cases where jail is not appropriate and the defendant is indigent and unable to pay a fine, community service works well.
"I think there has to be some consequence. Short of jail, the consequence is financial responsibility," Judge Douglas said. If they can't pay out of their pocket, they pay through community service. "In many cases, that works well."
Like Judge Evans, he uses day reporting for defendants who have a job. "I place a strong value on employment," he said.
Evaluating cases: Judge Scott Hunter of the county court in Canfield said he evaluates each case on its own merits and uses community service as punishment when it's appropriate.
"I have not set out in any way to say I want to use it more," Judge Hunter said.
Judge Theresa Dellick, a former area court judge who now presides in juvenile court, also likes alternative sentencing options and used them while on the area court bench.
"Not everybody has to go to jail," she added. "With day reporting, we can still keep the defendant on a leash and keep the family unit intact."