Pubdate: Wed, 20 Jun 2001 Source: Daily News (KY) Copyright: 2001 News Publishing LLC Contact: http://www.bgdailynews.com/ Details: http://www.mapinc.org/media/1218 VIOLATORS FILLING JAILS FRANKLIN A drug bust in Simpson County two weeks ago netted warrants for 18 individuals - 10 with prior drug convictions and one who was on probation at the time of his latest arrest. The numbers reflect why police are frustrated with a legal system that requires judges to look at alternative sentencing. That requirement means many of those arrested might never see the inside of a state prison. "We (judges) have a statutory duty to consider probation or conditional discharge as an alternative to incarceration in every case where probation or conditional discharge is not prohibited by statute," Simpson Circuit Judge William Harris said. That obligation stems from a 1998 law, HB 455, a portion of which encouraged the judicial branch to consider probation as an alternative to incarceration if the person is a nonviolent offender. The intent of that bill was to alleviate jail overcrowding, said Rep. Steve Nunn, R-Glasgow, who co-sponsored the legislation. "Trying to find ways to help ease the cost and the mechanisms with which corrections and justice deal with those offenders is one of the most perplexing and difficult issues we face," Nunn said. "If you could break it down as public officials would look at it, the public - voters and taxpayers - want laws that attempt to control drugs in society and drug dealers and drug users in society, but the reality is that many of our best efforts and the most tough laws we pass have minimal impact or no impact on drugs and drug use in our communities," Nunn said. "We change things quite regularly but so much depends on the money available and the wheel that squeaks the loudest," he said. "As corrections reaches its capacity of inmates then government looks for other alternatives." While the law was designed to create alternatives, it has become a double-edged sword of sorts. Many southcentral Kentucky jails that house state inmates are either at capacity or overflowing. Additionally, HB 455 created the need for 43 additional employees within the Division of Probation and Parole. The division saw its budget increase from $17.6 million in 1998 to $22.7 million for the current fiscal year. Some county jailers in the region have noticed an increase in the number of parole violators returning into custody. Barren County saw the largest increase with 11 reincarcerated parolees in 1998 and 17 in 2000, according to probation and parole statistics. "It appears to me there are many more parole violators for technical reasons," Simpson County jailer James Mooneyhan said. A technical violation occurs when a parolee is reincarcerated for violating a condition of their parole such as failing a drug test. Statewide, in 1998 a total of 1,366 people were reincarcerated for a technical parole violation. In 2000, the number jumped to 1,601. Al Dean Bowman, 33, who is serving time in the Simpson County Jail for a 1997 cocaine trafficking offense was paroled Sept. 22, 1999, but on April 11, Bowman was reincarcerated for a technical violation, he said in a telephone interview from the jail. Bowman's technical violation was for possession of an antique samurai sword. The sword belonged to his deceased father and had been passed down to Bowman. Bowman's parole officer also found beer cans in his apartment, which Bowman claims belonged to people visiting him. By his own admission, prior to the 1997 charge, Bowman was no stranger to the criminal justice system. In his opinion, probation and parole officers seem to be looking for more technical violations. In 1998, there were 1,507 parole violators statewide who were reincarcerated. Two years later, after HB 455 went into effect, there were 1,721 parole violators reincarcerated for a 14.2 percent jump, according to William Clark, systems consultant for the Kentucky Department of Corrections. A solution to the problem will not be easy to find. "Police officers are always going to question why people aren't in jail. Judges are always going to be under pressure from the legislature and fiscal courts to release people from jail and those two will never reconcile themselves," Warren County Commonwealth's Attorney Steve Wilson said. - --- MAP posted-by: Richard Lake