SHERIFF SEEKS SENTENCING ALTERNATIVES

Sheriff Guy W. Glodis is casting his policy ideas beyond the Worcester
County Jail and House of Correction, urging local judges to use alternative
methods to sentence certain inmates instead of sending them to an
overcrowded jail.

Local judges said they understand the sheriff's concerns, which have been
raised in the past. But they also point to their duty to sentence an inmate
appropriately.

"We're all aware the jail is overcrowded, but we can't base our individual
decisions on overcrowding. We have to do what we think is right," said
Judge Andrew L. Mandell, presiding justice of Fitchburg District Court. "I
will not base a decision of any kind on a fact that the jail is overcrowded."

The sheriff is still reeling from the deaths of two inmates, which he
attributed in part to crowding. He wants judges to consider sending inmates
convicted of minor crimes to drug and alcohol rehabilitation centers, or
community correction programs.

He also suggested ordering those convicted of such crimes to wear
electronic monitoring bracelets or sending them to the Correctional
Opportunity Advancement Program in Worcester.

The sheriff, noting that some prisoners are sentenced to as little as five
days in jail, said sentencing alternatives would ease crowding.

The jail, in West Boylston, has a capacity of 822 inmates, but on average
houses more than 1,300. Two weeks ago, the jail had an inmate population of
1,358, the highest ever, which forced officials to house inmates on the
floor of the receiving and holding section of the jail.

"While there is no question those convicted should serve an appropriate
punishment, their short incarceration puts a tremendous strain on our
already limited resources," the sheriff said in a letter to judges. "Most
importantly, by relieving the pressure of housing short-term, nonviolent
inmates, we can prevent early release of much more serious, violent
offenders and ensure the completion of their full terms."

Judge Paul A. Losapio, presiding justice of Uxbridge District Court, said
judges already consider alternatives to incarceration, and sentencing
someone to jail is a last resort. There are sentencing steps, he said, and
an inmate sentenced to jail may have reached the final step, past the
considerations of rehabilitation programs and home confinement.

The judge also said he finds sentencing someone to jail for as little as 10
days can be useful. By incarcerating them for a week, and then referring
them to a rehabilitation center, he can give offenders a quick but
realistic taste of jail life.

"Let them see what losing freedom is like" and then return to electronic
monitoring, the judge said, stressing the strategy could be used to help
lower recidivism rates and save the costs of housing an inmate for the long
term.

"Sometimes, a short sentence early on in the process serves to rehabilitate
and in the long term prevent someone from coming back for a longer
sentence," Judge Losapio said. "Sometimes a rehabilitation program
following a short sentence is better than just a rehabilitation program."

At times, the judge noted, it may be out of his control. New sentencing
guidelines call for mandatory sentences for particular crimes.

Judge Patrick A. Fox, presiding justice of the Gardner and Winchendon
district courts, said he would embrace the sheriff's recommendations,
particularly sentencing inmates to drug rehabilitation programs, as most
inmates sent to the County Jail have some type of addiction. However, such
programs are scarce statewide and some defendants willing to travel to
detox centers or other facilities don't have the financial means to do so,
he noted.

"Society really needs to look at and address the network for those
resources, regardless of (defendants') ability to pay," the judge said.
"There doesn't seem to be a political will to establish a network for that
problem."

He said a judge needs to review each case on its own merits, and sentencing
an inmate to jail may be the only option, as there are limited drug
rehabilitation programs. And, having a convict wear an electronic
monitoring bracelet won' t necessarily keep him away from drugs.

Most county jail inmates have been sentenced in a district court for a
relatively minor crime, often attributed to drug or alcohol addiction. A
case in a superior court is typically a felony that calls for a mandatory
sentence in state prison.

Still, the jail does house pretrial detainees for Superior Court, and those
held without bail awaiting trial contribute to crowding at the jail.

Dana Elavitt, a Superior Court administrator, said efforts have begun to
speed up the court's work so that pretrial detainees aren't in jail long. A
new Worcester County courthouse under construction will enable the Superior
Court to host more sessions and lessen the caseload. And, beginning April
4, some local cases will be referred to Middlesex County, to ease the
backlog in Worcester County.

"It's a problem area, and we're doing the best we can to ease
overcrowding," he said.

Sheriff Glodis, inaugurated in January, came under intense pressure in his
second month in office after the deaths of two inmates. Daniel McMullen,
42, was beaten by a cellmate while he was in protective custody, and John
Yovino, 38, died of a heroin overdose.

Sheriff's deputies have said jail crowding played a role in the deaths,
noting that it creates a climate in which inmates and correction officers
are stressed and bad things happen. Officials have noted that Mr. McMullen
was in a protective custody unit in a cell built for one person. His
cellmate, Dennis Hadley, 49, was a pretrial detainee.

"Operating with a facility built to hold 822 inmates, our overcrowding has
reached unprecedented levels, creating an unstable environment that
compromises the well-being and safety of our officers, inmates, and
civilian personnel," the sheriff said in the letter to judges.