MAHONING COUNTY Many remain in jail to await court action

The warden says the cost is about the same to house 450 or 550 inmates.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- At any given time, nearly 70 percent of Mahoning County jail inmates are "awaiting court action" -- not serving a sentence -- and that's way above the state average, the warden says.
Statewide, the average is 51 percent of inmates in full-service jails awaiting court action, said Warden Alki Santamas. "We've always tipped the other way."
Part of the explanation, the warden said, is that at any given time roughly 60 percent of the jail population, which fluctuates between 450 and 550, is indigent.
Many inmates stay in jail because they can't pay their bond.
Others have a hold on them from the Adult Parole Authority, federal marshals or another county, Santamas said. Some have been sentenced to state prison but are in the county jail pending trial on another case.
"We don't control the jail population," Santamas said. "We're like Wal-Mart, open 24 hours. We don't control who comes through the doors or how long they stay. We don't control bonds."
The jail doesn't turn anyone away, the warden said. How fast they move through the criminal justice system, he said, is out of his hands.
If convicted, inmates are given credit for time served, the warden said.
Annually, the jail books about 8,000 inmates, Santamas said. He said the "heavy hitters" -- Youngstown, Austintown and Boardman -- consistently arrest a lot of people.
The main jail on Fifth Avenue holds 476 inmates, and the misdemeanant jail on Commerce Street holds 96.
Inmates in for similar crimes must be housed together, Santamas said, describing the classification procedure.
It's the system
Sheriff Randall A. Wellington said some critics of the jail operation aren't aware of the number of inmates awaiting court action and the classification procedure.
Staffing remains constant because of the way inmates must be grouped by classification, he said.
Wellington and Santamas agreed that it doesn't really matter if the jail houses 450 or 550 inmates; the cost is about the same. Per-meal cost drops when more inmates are served, they said.
Wellington said a $61 cost-per-inmate daily rate is an amount prorated on utilities, food, guards -- "everything." He said if you have an empty cell, you still have those costs.
"We're not overcrowded. My mandate is to operate this jail in an efficient manner," the sheriff said. "All the people I talk to want criminals off the streets."
The sheriff said it's a fallacy to think that closing one floor of the jail, for example, would save money. It would only displace five deputies, he said.
Maj. Michael Budd said criminal justice is a costly business. He said there can't be economic development without safe streets.
Budd said, however, that it's unacceptable to house inmates for extended periods while they await trial. He wonders what happened to the speedy-trial concept.
Derek Gibson wonders, too.
Gibson, of Youngstown, has been in the county jail since August 2000, awaiting trial on three counts of rape.
His bond is $150,000 cash or surety, meaning he would have to pay a bondsman $15,000 to get out of jail. The bondsman would guarantee the balance to the court.
"I just can't pay," Gibson said, leaning forward on a bench. "I may have been able to pay $3,000. That would have been reasonable."
The 47-year-old inmate, who maintains his innocence, said he had been working when arrested. He said it's taking too long to bring him to trial, way too long.
Acceptable time
The inmate acknowledged that not everyone can afford to pay for everything he wants, like high bond to get out of jail.
What does he think would have been an acceptable time to come to trial?
"If the trial had been within one year, that would have been acceptable," he said. "What if I'm found innocent? They can't compensate me for all this time. That's the tragic part of it."
Gibson acknowledged that he has a criminal record, but for forgery, not rape.
"I'm guilty of being poor," he said.
The sheriff said bond amounts often reflect judges' concerns about safety to the community and risk of flight.
Budd said the courts, at all levels, frequently reset cases for a variety of reasons. For someone out on bond, that's not a problem, but for someone locked up, it is, he said.
Louanna Touchton, who has been in jail since early August, said she needed only $500 to bail herself out, pending trial. The bond is $5,000, with 10 percent permitted to be paid, on charges of receiving stolen property and theft.
Touchton, of Youngstown, said she has family in Vienna, but because of her drug problem, they don't want anything to do with her. She said she also has a theft case pending in Trumbull County.
The 47-year-old inmate said her Mahoning County case has been reset several times and she's eager to see it settled and begin drug rehabilitation.
The sheriff said his budget this year is $15.5 million and he's asking for $16.9 million next year. The increase would cover raises anticipated in upcoming negotiations at 4 percent, rising health-care and utility costs.
"It's just general increases. You do that with your home budget," Wellington said. "I haven't increased the operation here. I've cut overtime, and I have five less deputies than when I became sheriff in 1999."
meade@vindy.com