MAHONING JAIL Judges rethink prisoner releases

One judge said he isn't sure early-prisoner release is the best solution.
YOUNGSTOWN -- Mahoning County's judges want to take a closer look at a plan by commissioners to trigger the early release of prisoners from the county jail.
In a letter sent to the judges this week, commissioners said the loss of the half-percent sales tax, which expired last year, has created a fiscal crisis, with the greatest impact being felt by the sheriff's department.
Sheriff Randall Wellington is laying off as many as 112 deputies, and has started shipping prisoners to other jails around the state, further adding to the county's funding problems.
U.S. District Judge David D. Dowd Jr. has ruled that the jail's operation at current staffing levels is unconstitutional.
In presenting the early release plan to judges, commissioners wrote that Wellington "needs to have the ability to release prisoners to meet current available funding while maintaining a constitutional operation."
Commissioners have requested Judge Dowd put in place a prisoner-release mechanism. In 1991, when the county faced a similar financial crisis, a federal consent decree established a release procedure for prisoners from the old county jail, which is now the county jail administration building on West Boardman Street.
Seeking action
The county's judges at that time signed off on that decree and followed the procedure. Commissioners have asked the judges to agree to an early-release procedure as soon as possible.
They wrote they are concerned Judge Dowd won't grant a release mechanism in sufficient time to stop the county from incurring liability for housing prisoners in other jails that will exceed the amount of money allocated to the sheriff's current $7.5 million budget.
"Without a release mechanism, the sheriff has no choice but to continue to send the inmates to other facilities. Unfortunately, the county will have no money to pay for those bills when they eventually come due," commissioners wrote.
Judges R. Scott Krichbaum, James C. Evans and Maureen A. Sweeney said the matter needs to be discussed with all the judges to see if the early-release plan is something they want to follow.
Judge Sweeney said the judges' monthly meeting is Monday, and "I'm sure the issue will be raised because it's a very important matter." Judge Maureen A. Cronin returns from vacation next week, and Judge Jack M. Durkin was unavailable Tuesday.
Judge Evans said the early-release plan has some merit and must be reviewed.
"It basically boils down to an individual judge's call," Judge Evans said. "There may be some individual currently in jail that I want to keep there."
Judge Sweeney agreed, saying, "Each judge needs to look at his or her individual [criminal] case because each case has different circumstances that may or may not apply to the early release program."
Judge Krichbaum, who signed off on the 1991 consent decree, said he has asked the sheriff for a list of all the people he has sent to jail to determine if anyone can be released early.
In general, though, he said, "I'm not in favor of letting people out of jail."
"People who are in jail need to remain in jail," Judge Krichbaum said, adding that the jail-release mechanism is one means of reducing the jail population, but doesn't necessarily mean its the best mechanism.
The judge agreed, however, that transfer of prisoners to other jails does create a logistical and financial problem for the county that is unacceptable.
He also said defense lawyers should vigorously pursue low bonds for their clients on certain crimes so they aren't incarcerated.
Judge Evans said the sheriff has notified the judges that he will need a minimum three-day notification to allow adequate time to transport those inmates farmed out to other counties to be returned to Mahoning for any court-ordered hearing and/or appearances.
"Can you imagine the cost involved in just gasoline and man-hours associated with bringing a prisoner back here, from say, Hamilton County?" Judge Evans said.