Pubdate: Thu, 30 Apr 2002
Source: Denver Rocky Mountain News (CO)
Copyright: 2002, Denver Publishing Co.
Contact:  http://www.rockymountainnews.com/
Details: http://www.mapinc.org/media/371
US: IND:

TICKETING IS EASING CROWDED LOCKUP, OFFICIALS SAY

INDIANAPOLIS- Marion County officials say a new strategy of ticketing 
certain nonviolent offenders instead of locking them up seems to be working.

A federal judge threatened to fine the sheriff's department for overcrowded 
conditions at the county lockup.

But by issuing tickets instead of making arrests for such offenses as 
prostitution, shoplifting and marijuana use, officials have kept the lockup 
under the court-ordered cap of 297 inmates since April 14. And since 
Thursday, the temporary holding facility has met another goal by releasing 
people or moving them to the county jail within four days.

Despite this success, U.S. District Judge Sarah Evans Barker issued a 
schedule of fines under which the sheriff's department would pay from $200 
to $500 a day for each inmate over the population or length-of-stay limits. 
Moreover, the county would be fined an additional $10,000 if the inmate 
count exceeds 337 or any inmate remains in the lockup more than 10 days.

Sheriff's Department attorney Christopher D. Seigel said Monday that 
officials had hoped to avoid the threat of fines, which would go toward 
lockup improvements.

"I wanted the fines to represent some sort of bite or sting," Barker told 
The Indianapolis Star.

Her order allows the court to "step in where there may have been a failure 
of political will and put money on the table," she said.

Indiana Civil Liberties Union attorney Kenneth J. Falk, who represents 
inmates in the 30-year-old lawsuit over jail and lockup conditions, 
predicted the threat of fines will be effective because officials hate to 
lose control of spending.

Barker encouraged local judges to continue their efforts, such as having a 
"duty judge" available at all hours to decide detention issues. Under the 
present policy, people suspected of nonviolent, minor crimes, such as 
prostitution or driving without a license, are only issued tickets ordering 
them to appear in court.

The county hopes to open a new lockup in January.
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