THE REST OF THE TESTIMONY

Last week, I was asked to testify in front of a legislative
committee. I was to provide input on sentencing reform and how it
affects county sheriff budgets.

During my testimony, I advocated for a multiple-step approach to
solving the overcrowding of the Johnson County Jail. I actually spoke
on six different topics but, because two of the topics stirred
debate, the public did not get to hear about the others.

In this guest opinion, I want to explain the two topics that sparked
the lively debate -- the handling of people who are intoxicated in
public and the charging of possession of a controlled substance for
small amounts of marijuana -- and then summarize the others.

1. I advocated that the law be changed so that detoxification center
could become a locked facility. Under current law, intoxicated
persons could simply leave a detox center on their own accord and
thus defeat the purpose of taking them to the center. I understand
that the centers are currently cost prohibitive, but without changing
the law, it is moot to look at any ways to reduce the cost.

2. There are certain incremental amounts of marijuana for which the
law makes it a more serious offense. Current law, for example, allows
for a Class C Felony for possession of more than 50 kilograms but not
more than 100 kilograms of marijuana. I advocated for adding another
step in the increments to be a simple misdemeanor. I am talking about
a partial joint or less.

Because people charged with first offense PCS do not always get
sentenced to jail time, I would further propose that the simple
misdemeanors be given a citation. They would still go through the
court process, and a judge could still fine them, sentence them to
jail or force them to attend educational programs. Conviction of a
simple misdemeanor PCS could likewise be added to the person's
driving record. Then law enforcement officers would know that there
had been a prior conviction without having to run a criminal history
on the person.

3. I testified to the legislators about the enormous burdens the sex
offender law has created for the Sheriff's Office. Day care centers,
for example, are required to submit requests in writing to us in
reference to the sex offender registry even though they could look up
the very same information online.

Current laws have forced many sex offenders to go into hiding. Law
enforcement officers are required to check up on these offenders and
confirm that they are being truthful in regards to their registered
address. Fortunately for us, local police departments check on the
sex offenders in their jurisdictions so the Johnson County Sheriff's
Office does not have to check on all of the offenders in the county.

4. Although the state compensates county jails for housing parole
violators, they do not do so for probation violators. When probation
violators are sent to jail, they often sit for 30 days before the
courts or their parole officers decide whether they will continue on
probation or will serve out the rest of their sentence. I advocated
for the 30-day process to be sped up with compensation provided to
the county jail.

5. I also advocated for the state to implement harsher offenses for
people who get a fourth, fifth or even sixth OWI in a 12-year period.
There are offenders out there that continue to violate this law, and
it should not be capped at a third offense. We still lose too many
people in car crashes in which alcohol is involved.

6. I advocated for more spending when it comes to mental illness. I
look at solving jail overcrowding as a large pie, and one piece of
the pie is the mental health diversion program. We are lucky to have
Dr. Malinda Lamb running this program. Since July 2005, there have
been 19 people diverted. Another piece might be the agreement between
the county and MECCA to conduct substance abuse assessments at the
county's expense for the indigent when the assessment is required by law.

These alternatives alone will not solve the overcrowding of the
Johnson County Jail, but I hope they will slow the growth of the jail
population. The jail space needs to be used to keep our society safe
and to house inmates because we fear them and not because we are mad at them.

I welcome open debate on the laws and jail overcrowding and always
will. I think it is a community problem but there are plenty of other
counties in Iowa that struggle with jail overcrowding as well.

Lonny Pulkrabek is the sheriff of Johnson County.