A COURTSIDE SEAT

2009-10-10T10:19:00.014-05:00

NEW PRETRIAL RELEASE

PROGRAMS

BY JUDGE KIM HALL

The number of felony cases being filed in the Starke Circuit Court is running about 25% higher this year than last year – thanks, in part, to an apparent insatiable appetite for methamphetamine. Consequently, the number of people checking into the county jail has been on the rise.

For several weeks, we have been exploring short-term solutions to move defendants out of the jail while, at the same time, keeping the community safe. Here are some of the new programs that have recently been employed, or will soon be implemented:

Pretrial Release for Drug and Alcohol Treatment

A large percentage of the jail population is facing drug or alcohol charges. In the past, substance abuse treatment couldn’t start for several months because we had to wait until the defendant pled guilty or was found guilty by a jury. Now, that has changed. For those who qualify and ask for help, we will make it possible that they get into treatment within days of their arrest. That does two things - decreases the jail population and gets them into treatment in a timely manner. Cost: An assessment fee of $50 and a treatment fee of $20 per session, all paid for by the defendant.

Pretrial Release to Home Detention with Electronic Monitoring

Previously, the Probation Department had seven electronic monitors. Now, Starke County Community Corrections can get as many as we need. About forty individuals are participating in the program at this time, and about twenty of those would otherwise be occupying a space in the Starke County Jail. A violation of the requirements of Home Detention (the GPS monitors are quite reliable in detecting violations) will result in an immediate trip back to the jail. Cost: $10/day, paid for by the defendant.

Pretrial Release with Probation Department Supervision

Some people don’t need to be confined to their home. They simply need to be monitored while their felony case progresses. Starke County Probation Officers will now take on the additional responsibility of Pretrial Supervision. Cost: An initial payment of $190, together with the costs of random drug screens, all paid for by the defendant.

Reduced Bonds for Pretrial Release

After a person is arrested, the court sets the bond. Under Indiana law, the judge considers two factors: the risk that the defendant will not appear in court and the risk the defendant poses to the physical safety of another person or the community. That standard, which is subjective and fact sensitive, is applied daily in the Starke Circuit Court. We will do all that we can to strike a proper balance, in light of the jail population, between a bond that is affordable to the defendant, while being mindful of the need to protect the community.

Many other changes, too numerous to mention, are being implemented. However, keep in mind that the number of individuals who get booked into the jail fluctuates daily, depending upon, more than anything, the number of people who intentionally choose to do the types of things that result in their arrest and the loss of their freedom.

I review the jail list every morning. You can rest assured that everything that the court can do to reduce the population of the jail is being done, or at the very least, is being considered to be done. However, if you have any suggestions of immediate, short-term remedies that we haven’t explored, I invite you to join us in this challenge. My e-mail is listed below.

SOMETHING TO PONDER

Necessity is the mother of invention.

Plato

Your ideas: judgekimhall@co.starke.in.us

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