JUSTICE OFFICIALS DEBATE SYSTEM

Criminal justice officials in Butler County are at odds over whether too
many nonviolent offenders are being sentenced to the county's overcrowded
prison.

Public Defender Richard Goldinger has become especially vocal in
complaining that people with no record of violence are locked up too often.

But District Attorney Tim McCune said it sometimes is difficult to
distinguish between violent and nonviolent offenders, between who is
dangerous and who is not.

"More people are killed by DUI offenders in this county than by bullets. So
who's dangerous?" he asked.

Last week, Butler County had 301 prisoners, including those in the prison,
prison annex and prisons in other counties and those under house arrest and
electronic monitoring, according to a weekly tally. About 30 of those were
in the county prison solely for charges of driving under the influence.
That does not include those held for charges in addition to DUI. About 50
were being held for probation violations.

"I just don't believe in having nonviolent people behind bars," Goldinger
said. He said the county needs to consider alternatives to prison, such as
electronic monitoring and work release programs. A recent study of the
county court system by U.S. Justice Department consultants cited "grossly
inadequate" alternatives to imprisonment.

Goldinger also said judges require so many hearings that defendants are put
at extra risk of being jailed for failing to appear.

McCune said that regardless of whether offenders have problems with drugs
or alcohol, people found guilty of committing crimes must pay for their
actions.

"We can't excuse their crimes because they have substance abuse problems
and mental health problems," he said. "Now, if we can help somebody with
their substance abuse problem, that's a plus."

McCune said he does not think too many nonviolent prisoners are being held
in the prison.

Prison Warden Richard Gigliotti agreed. Unfortunately, he said, the number
of nonviolent prisoners held in the prison reflects a growing heroin
problem in the county.

"Of the cycles that we have gone through, this current heroin epidemic has
brought on significantly more problems," the warden said.

On the other hand, he said, "I can tell you firsthand that we have
literally saved the lives of some of these nonviolent people, simply by
getting them off the street."

He said inmates have told him that if they were not put in prison, they
likely would have overdosed and died.

Heroin users also are committing burglaries and robberies to get money for
drugs, he said.

"They're doing whatever they can to get this heroin. - These people do need
to be taken off the street," the warden said. "The law-abiding public needs
a break from these people."

While treatment and counseling programs are offered at the prison, there
are times when there are simply too many inmates wanting help and too few
counselors, he said.

Common Pleas Judge Thomas Doerr said he is sympathetic to the issues
Goldinger raises, but said judges must follow guidelines set by the
Pennsylvania Commission on Sentencing, established in 1978. For example,
there is a mandatory 30-day jail sentence for a second-time DUI offender,
he said.

Doerr, the county's president judge, said he is working with the county's
Human Services Department to develop a policy to evaluate offenders and
provide more effective services for those with drug, alcohol and mental
health problems.

It is more cost-effective for the courts and county to address the
underlying problems that cause people to commit crimes, because people are
"clogging up" the prison, he said.

About 600 people charged with criminal offenses last year were in need of
drug counseling, Doerr said, but only about 200 received counseling from
the county because of the demands on county services.

Since the late 1990s, Doerr said, the county's juvenile court has been
successful in changing its approach to offenders.

"We have attempted to change focus and not look at the crime but the
individual child and what contributed to the problems that led to arrest,"
Doerr said. That has been cost-effective and reduced the rate of repeat
offenders, he said.

Doerr said he understands that 10 years ago, about 10 percent of prison
inmates had a history of mental health treatment. Today, more than half the
inmates have a history of mental health treatment, he said.

"I attribute this to a breakdown in the health care system," the president
judge said.

Doerr said he hopes to develop drug- and alcohol-treatment programs that
extend beyond the typical 10 to 14 days.

The county also needs to develop alternatives to incarceration when the law
permits, he said. For example, he said state law allows house arrest with
electronic monitoring for certain drug and alcohol offenses, if it is
coordinated with drug and alcohol treatment.

Gary Elliott, the county's chief adult probation officer, said about 100
people a month who ordinarily would end up in prison are accepted into
programs that keep them out of prison.

Those include pretrial release and bond supervision programs, as well as
the use of electronic monitoring, in which people wear an electronic sensor
so probation officers can track them.

But, he said, the county's adult probation office simply does not have
enough money or staff to expand those programs.

He said he does not think too many nonviolent prisoners are held in prison.

"I think (the county courts) tend to be more toward the lenient side in
their sentencing," he said. "I think we could have a lot more people in
jail if we were a harder county."