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Criminal justice system reviewed

By BRIAN LEAHY
of The Gazette

Numerous agencies play a role in the criminal justice system and what each does individually can have unexpected consequences for the others.

"Many of the things we do affect a lot of different groups, who in the past may not have talked to each other," said Circuit Court Branch I Judge Frederic Fleishauer.

To help coordinate their activities, a group of professionals formed the Portage County Justice Committee in the spring of 1997. The committee has almost three dozen members from the court system, including all three circuit court judges and representatives from the County Board, city government, law enforcement, jail, Juvenile Detention Center, community corrections, social services, victims' groups, court administration, private agencies, business community, religious institutions and the public.

The Portage County Justice Committee is not a committee of the County Board. While it has no decision-making or financial authority, it does have the power of recommendation. Its mission is "Achieving justice for the community, victims and offenders through effective and appropriate responses to crime and its prevention. Decision making will be based on collaboration, cooperation, objective data and proper stewardship of resources."

One of the Justice Committee recommendations was to hire a fulltime justice system administrator. The County Board hired Kathy King for the position earlier this year.

Two ad hoc committees have been formed from the Justice Committee - the Juvenile Detention Ad Hoc Committee and the Jail Utilization Ad Hoc Committee. Committee members are exploring creating an ad hoc committee to look at creating a data system that collects and reports relevant information and outcome analysis.

A public forum on recommendations of the Jail Utilization Ad Hoc Committee was to be held next week, but was postponed because it would have conflicted with other meetings scheduled to make a decision on the casino issue. It will be rescheduled in about a month.

"Saying incarceration is the only manner we can respond to criminal behavior is a very archaic answer to a very complex problem," said Fleishauer, chairman of the Jail Utilization Ad Hoc Committee.

The ad hoc committee's goals are to use the jail for those who need it and to increase the rehabilitation of offenders, Fleishauer said.

Sentencing a person to jail has been "the common measuring stick of dealing with offenders," but other alternatives might provide better results, Fleishauer said. The vast majority of jail days are taken up by traffic offenders, but most people don't consider traffic offenders, with the exception of those sentenced for repeat operating while intoxicated violations, as dangerous. The increased use of electronic monitoring for driving after license revocation or suspension offenders is one way to free jail space.

The ad hoc committee recommended adopting an objective-based classification system to determine the dangerousness and flight risk of inmates, increasing the use of electronic monitoring and developing a day reporting system, he said. Jail staff is receiving training on the objective-based classification system.

Under a day reporting system, jail staff would have daily contact with offenders who weren't sentenced to jail, Fleishauer said. The program could be tailored for each offender. They could be required to under go drug and alcohol tests or take court-ordered medication. Some offenders have mental health issues and need to take their medication to keep from offending again. They could be required to report on their efforts to find employment.

"Day reporting puts a closer tab on the individual. He's got to in everyday and account to someone for his whereabouts during the past 24 hours," Fleishauer said.

Judges have three goals when issuing sentences - protecting the public, the rehabilitative needs of the offender and satisfying the public concern that the offense had "a fitting and appropriate penalty," he said.

The Jail Utilization Ad Hoc Committee is also exploring the necessity of locating the jail and courthouse in the same location and the use of the former Sentry Dormitory as an unlocked Huber facility. No recommendations on those two issues have been made.

Whether a person awaiting trial, but not yet convicted, is ordered held in jail also has an impact on the jail population.

The county received a grant from the National Institute of Corrections to look at pretrial processes, such as charging decisions, said King. A consultant comes on board in October and the study will run through April.