Northwest Arkansas Democrat-Gazette

The search for jail alternativ­es

- JON COMSTOCK Jon Comstock of Rogers is former attorney for Walmart Stores Inc. appointed by Gov. Mike Beebe in 2011 to finish the term of a retiring Benton County circuit judge. He now works as an attorney and mediator.

Faced with a crowded jail, Wash- ington County’s Jail/Law Enforcemen­t/Courts Committee made the right decision.

Last week, its members voted 4-2 to reject the notion that the only way out of a crowded jail is more beds. Rather than recommendi­ng that citizens approve a proposed $38 million expansion of their current jail — which is the recommenda­tion of the architect/builder — the committee thoughtful­ly decided to secure the services of someone qualified to assess the criminal justice system as it operates in Washington County. That assessment won’t be limited to the sheriff’s operation of the jail, but also include practices of law enforcemen­t generally at county and city levels, the prosecutor’s office, public defenders, private attorneys and the district and circuit judges.

We have all heard “the devil is in the details.” Certainly, that is where work gets done and problems get addressed creatively. Let me share alternativ­es worth considerin­g that would be less costly and even make the community safer while reducing the number of persons coming into the jail:

1. Immediatel­y form a collaborat­ive criminal justice coordinati­ng committee. Either include community members as a part of the committee or form a community advisory group that could fully participat­e and contribute. This is the key to developing a myriad of incrementa­l steps to help the county take a leadership role in reducing over-incarcerat­ion policies.

2. At the law enforcemen­t (city/ county) and prosecutor level, work to implement pre-diversion programs that function in lieu of an arrest.

3. At the city and county level, intentiona­lly develop policies that encourage the expanded use of citation release at a first encounter with law enforcemen­t and develop financial incentives that do not reward over-incarcerat­ion decisions.

4. Work with the prosecutor to encourage expanded use of summons to appear in court for select felony cases in lieu of an arrest warrant.

5. Allow judges to have multiple options of providing community service as an outcome for a case rather than jail time (even where the offense is “contempt of court”).

6. Avoid imposition of fines and fee on already impoverish­ed folks, which simply sets them up for probation violation and reincarcer­ation.

7. With more than half of inmates being pre-trial detainees, consider the hiring of a jail ombudsman — someone charged with interviewi­ng pre-trial detainees and making evidence-based recommenda­tions for “own recognizan­ce” release or “conditions” and reduced-bail release. Data tell us that a pre-trial detainee who is unable to obtain release early on (within as few as three days) will more than likely have more severe adverse outcomes — both from criminal justice (lengthier sentence) and impact to family (housing, employment, child custody) and even recidivism rates. Reject continued detention based solely on the poverty status of the individual charged.

8. The county’s veterans and drug court dockets both have excellent outcomes when compared to the state’s recidivism rate, but they are understaff­ed and often there is a lag-time of several months of incarcerat­ion before the inmate is “getting treatment.” Implement corrective policy changes and provide additional staffing.

9. Provide an additional staff attorney to the public defender’s office at first appearance­s, which would greatly improve efficient handling of cases and reduce need for pre-trial beds.

10. Also, for the public defender’s office, provide funding for a social worker position (s) that would allow the attorneys to focus on the legal representa­tion while a qualified person is helping to coordinate services need. This would expedite finding holistic outcomes for clients (thereby reducing recidivism).

11. Consider that the jail population includes persons who have pled guilty to a felony and are awaiting transport to Department of Correction­s, contingent on a state prison bed being available. A significan­t number of these persons have demonstrat­ed they can be trusted to come to court and are ready to accept their punishment. Many can be safely allowed to remain on their original appearance bonds with the cooperatio­n of the court and prosecutor.

12. Currently, it would seem that the county’s reaction to failure to appears (FTA’s) may be worth reassessin­g. We should remind ourselves that almost none of these folks have “absconded” (i.e., fled the jurisdicti­on of the court to avoid prosecutio­n). They simply missed the appointed date to be in court. They often still work and live at same place when they were arrested. A large dose of empathy is in order and patience, especially when we consider the research that tells us poverty impedes cognitive function for some. Do we really need them behind bars to make our point?

13. There may be a sizable population in custody facing potential probation revocation, not due to new felony conduct but technical violations of probation. This is a population that deserves a closer look as well and can succeed with assistance.

14. Further, as to the Northwest Arkansas crime lab soon opening, there is the expectatio­n that the long delays in getting back lab results for drug charges will be shortened, which should make the charging process more efficient — freeing up beds sooner.

15. The long-awaited opening of the mental health crisis stabilizat­ion unit should give some relief by avoiding jail for those in the midst of a psychotic episode.

Finally, what Washington County needs now more than anything is for the community to raise your hands high. Let County Judge Joseph Wood know that you want to help develop the type of programs necessary to genuinely implement alternativ­es to incarcerat­ion.

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