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Prisoner releases spark an outcry
This is an archived article that was published on sltrib.com in 2007, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Prosecutors and judges in Salt Lake County are complaining that the county jail is giving early releases to criminals - some convicted of domestic violence - because of overcrowding.

The jail began releasing women early on Friday because it ran out of room. Men may be next, Sheriff Jim Winder said.

The change signaled another progression on the "slippery slope" toward disintegration of the county's justice system, said Salt Lake City Prosecutor Sim Gill.

Prosecutors in West Valley City and Taylorsville say domestic violence suspects have been released early at least six times in the past year.

In one case, a man who threatened in court to go after his estranged wife upon his release was set free eight months early. In another, a man accused of beating up his girlfriend twice was released halfway through a yearlong sentence for simple assault. And a man booked for child abuse and held without bail was released the same day because of a clerical error.

"I feel like it's the tip of the iceberg," said West Valley City Prosecutor Ryan Robinson. "The community doesn't know they are a victim of a revolving door."

Robinson said he was aware of those three cases only because outraged victims contacted him in a panic each time. Others said they also worried the problem was not limited to a handful of cases.

Jail chief Rollin Cook said he did not believe violent offenders were getting early releases for anything other than good behavior. But he said he can't know for sure because the antiquated computer system makes it "extremely difficult" to run such a search.

With more than 30,000 people a year booked into the 2,000-bed jail, mistakes are bound to happen, prosecutors and judges said. But, they said, it appears that early releases for violent criminals are becoming more frequent.

"It's a huge concern to me," said Taylorsville City Prosecutor Lorenzo Miller. "[Domestic violence offenders] are people we go to the mat to prosecute and protect the victims."

Miller said he learned of three domestic violence offenders released early but worried there were others.

Prosecutors said the only certainty is that it will get worse as the crime-heavy summer months go on.

Gill blames Salt Lake County Council members, who control the budget, for allowing the jail to get so overcrowded that criminals aren't serving the time they should. He said he supported the council's efforts to reduce the need for jail beds by boosting alternative programs, such as drug court, for nonviolent offenders.

"[But] we're finding that we don't have enough space to keep the ones that we want to keep," Gill said.

Even those alternative programs are at risk of being compromised because the "credible threat" of jail time if a criminal flouts the system is diminished, Gill said.

County Mayor Peter Corroon said the problem is not at a crisis level yet.

''If the sheriff tells us that we're going to have to release violent offenders who should not be out in society, then I would support opening up more beds,'' Corroon said.

The jail has 130 unused beds the council closed last year, Winder said, adding that he hopes to make do through summer and ask the council to reopen the 550-bed, minimum security Oxbow Jail closed in 2000. The council repeatedly rejected the same request from Winder's predecessor.

"Instead of taking a bite out of the apple, I'm hoping to go for the whole apple," Winder said.

Councilman Mark Crockett said he planned to raise the issue in a council meeting Tuesday.

Gill said a lack of beds has forced Cook to release inmates against his will. "I think the jail is constantly, honorably trying to do the right thing," he said. "But you can't squeeze blood out of a turnip."

For the past six months, the jail has not held anyone arrested for a misdemeanor crime other than domestic violence, protective order violations and driving under the influence.

The jail books about 2,800 people a month. Half of those - including ones arrested for crimes such as simple assault and stalking - are released hours later, Cook said. Some are given ankle monitors, and others go to the county's new day-reporting center.

Gary Dalton, director of the Division of Criminal Justice Services, said he has seen a handful of inmates released to the day reporting center that should have remained behind bars. In most cases, he said, charges did not indicate the inmate was accused of domestic violence.

The next step is to begin releasing sentenced inmates early, starting with low-level misdemeanors, Cook said.

The jail reached that point Friday. The nine women released were just two days into sentences for crimes including possession of drug paraphernalia and attempted burglary, Winder said. One had been convicted of prostitution, Gill said.

"We are reaching the point where the number of problematic prisoners - violent ones, and ones we want to keep - is surpassing our ability to manage the other side, the lesser crimes," Winder said.

And if the problem gets worse, he said, the jail may be forced to release inmates convicted of more serious crimes.

Judges and prosecutors said violent offenders are already getting early reprieves.

Third District Judge William Barrett sentenced Marc Christopher Vincent to six months in jail for putting a live dog in an oven, but Vincent got out after four.

"That was shocking to me and to people across this country," Barrett said. "[Vincent] should have done his 180 days."

Jail records did not indicate why Vincent was released early, said sheriff's Lt. Tricia Hughes.

Barrett had sentenced the husband who threatened to go after his wife to two years in jail. Robinson, who prosecuted the case, said the victim of the assault called him, frantic that the man was out early.

"It creates a false sense of security to victims of crimes sitting in that courtroom who think, 'For every year [a criminal spends] in jail, I get a year of peace,' " Robinson said.

Cook said the jail makes no guarantee to uphold jail sentences that run longer than a year. "That's what prison is for," he said.

Winder acknowledged that the jail does everything it can legally do to get people out of jail as quickly as possible, mostly for good behavior.

"Are violent criminals being kicked out? I think that's a bit of an overstatement," Winder said. "We try to maximize good time because we are at a critical point in our jail population."

Cook said the jail has followed the guidelines it created last year to deal with overcrowding. With some exceptions, he said the judges' and prosecutors' frustrations stem from those guidelines.

The lack of data on the releases, however, leaves prosecutors, judges and county politicians unsure how pervasive the problem is.

"It's one we're trying to understand how big of an issue it is," said 3rd District Judge Robert Hilder, who will take over as the presiding judge next month. "We've got some questions."

In the child-abuse case, Cook said a clerical error cut loose the man held without bail for beating his son with a wooden paddle. Bail is not a consideration in relieving overcrowding, and child abuse is not a protected category. But Cook said the man should have remained behind bars.

"It terrified us," said the grandfather, who asked his name not be used out of fear for his safety. "We didn't know if he was coming over to our house or what."

The man was convicted and awaits sentencing next month. "I just hope he serves the full term," Robinson said.

rrizzo@sltrib.com

On jail overcrowding:

If the sheriff tells us that we're going to have to release violent offenders who should not be out in society, then I would support opening up more beds.

- Salt Lake County Mayor Peter Corroon

S.L. County jail clears cells to deal with overcrowding
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