THOUSANDS OF PINELLAS JAIL INMATES RELEASED WITHOUT A JUDGE EVER SETTING BAIL

John Mucci, 50, was arrested June 8 after a police officer found a bag
of cocaine in his pickup truck during a traffic stop.

It was the second time in seven years Mucci had been arrested on
illegal drug charges. The Clearwater resident was charged with felony
possession.

In years past, a cocaine possession charge would have meant at least a
night in county lockup until a judge could set bail. But after an
interview with a booking officer at the Pinellas County Jail the night
of his arrest, Mucci was sent home.

No strip search, no bail to post, no inmate scrubs
needed.

"ROR" -- release on recognizance -- was scribbled on his arrest
affidavit, a court date to come later.

Since November, more than 3,000 people have been released from custody
this way in Pinellas County. Their charges ranged from minor
misdemeanors to felonies like grand theft, battery and heroin possession.

The Pinellas Sheriff's Office saved at least $126 per person, the cost
to house an inmate for a day -- a total that jail officials think
could come close to $1 million by year's end -- and had one fewer
occupied bunk in the jail.

Pinellas is the only county in Tampa Bay to make such extensive use of
administrative release-on-recognizance orders.

The trend represents a shift from years past, when even minor
offenders may have spent at least a night in jail as they awaited a
first appearance before a judge. Accused felons stood nary a chance at
such breaks.

But because the Pinellas County Jail remains overcrowded after budget
cuts forced it to close wings, the number of administrative RORs has
climbed as jail officials try to strike a balance between keeping the
worst offenders behind bars and saving money and space by releasing
some of those charged with lesser crimes.

Between January and May 31, 2,237 people left the jail without having
ever stepped foot inside a cell. Of those, 463 were charged with
felonies. Over the same period in 2009, the total was 777, including
all charges.

Bruce Bartlett, Pinellas-Pasco chief assistant state attorney, was
surprised to learn that the numbers had increased so sharply this year.

He said that while the increase in ROR orders has its benefits,
increasing the number of charged felons is worrisome.

"The misdemeanors don't give me a whole lot of heartburn, but the
felonies have me concerned," Bartlett said. "A second-degree felony,
that's a whole different animal. You're talking about a serious
offense, something that could result in 15 years in prison."

The increase in releases came late last year, when Chief Deputy Bob
Gualtieri instructed the jail staff to take full advantage of a
judicial order that has been on the books since 2007. It authorized
such releases based on the judgment of jail employees.

The order, which contained a range of measures to combat jail
overcrowding, included guidelines for releasing convicted criminals
early.

"We wanted to make sure we're maximizing all of the avenues we have to
keep jail population in a manageable range," Gualtieri said.

So far, Gualtieri said, the increased use of RORs has been a boon for
the department in both extra jail space and cost savings.

And the failure-to-appear rate in Pinellas, 5 percent, has
historically been below the national average of 20 percent, Gualtieri
said. Figures were not available on whether the Pinellas percentage
has changed of late.

The Pinellas Sheriff's Office had not used the 2007 order to the
fullest extent until late last year, when jail staffers received
additional training in selecting candidates.

"What I stressed was I wanted to make sure we're making the right
decisions, the best decisions, consistent with the order. We want to
make sure they meet the criteria," Gualtieri said.

The criteria include severity of past offenses and ties to the
community, which tends to reflect a person's flight risk.

Bernie McCabe, state attorney for Pinellas and Pasco, said he is
unaware of a single case in which an accused felon committed
additional crimes while on administrative recognizance release.

"The Sheriff's Office has always been pretty good at looking at the
factors they're supposed to look at," McCabe said.

Pinellas County's handling of RORs is distinctly different from other
jurisdictions around Tampa Bay.

In Pasco County, no felons have been released on their own
recognizance without first appearing before a judge, said Pasco
sheriff's spokesman Kevin Doll.

Hernando County sheriff's spokeswoman Donna Black said the jail there,
which is run by a private company, follows standard bail schedules for
offenses -- which generally does not allow for ROR orders except for
the most minor offenses.

And in Hillsborough County, a jail spokesman said no arrested
individuals were released before appearing before a judge in May.

John Carroll, chief of the Largo Police Department, said that while
it's every officer's "worst nightmare" to see someone who should be
behind bars released, he trusts the judgment of the Pinellas Sheriff's
Office and understands its space and financial situation.

"I would much rather have a child molester have bed space in jail than
have someone who was growing a couple of marijuana plants in their
house," Carroll said. "I'm in this job to put the bad guys behind
bars, but you want to keep the worst of the worst there first."

While law enforcement officers view the increase in releases
authorized by jail officials with cautious acceptance, others see it
as a disservice to the community -- especially bail bondsmen, who have
a vested interest in arrested individuals being released on bail.

Matt Mequio, owner of ASAP Bail Bonds in Clearwater, said that more
RORs means a higher chance that some people might not have as much
incentive to show up in court -- which is what bondsmen compel their
clients to do. "I make money off it, yes, but I'm a babysitter for
grownups," Mequio said. "We keep an eye over these people and make
sure they do what they need to do -- and that means go to court."