Pubdate: Tue, 30 Apr 2002 Source: Indianapolis Star (IN) Copyright: 2002 Indianapolis Newspapers Inc. Contact: http://www.starnews.com/ Details: http://www.mapinc.org/media/210 Author: Terry Horne Related: http://www.mapinc.org/drugnews/v02/n761/a03.html Related: http://www.mapinc.org/drugnews/v02/n783/a05.html LOCKUP CROWDING EASES UNDER THREAT OF FINES Facing the threat of heavy fines, Marion County officials told a federal judge Monday that their new strategy to ease lockup crowding is working. By ticketing instead of arresting suspected prostitutes, shoplifters and pot smokers, officials have kept the lockup under a court-ordered cap of 297 inmates since April 14. And since Thursday, the temporary holding facility has met its other goal: releasing people or moving them to the county jail within four days. Sunday night, the lockup held 78. Despite this success, U.S. District Judge Sarah Evans Barker issued a schedule of fines under which the Sheriff's Department would pay thousands of dollars if the cap and stay limits are exceeded after Wednesday. The daily fines range from $200 to $500 for each inmate over the population or length-of-stay limits. Moreover, the county would be fined an additional $10,000 if the inmate count exceeds 337 or any inmate remains in the lockup more than 10 days. Sheriff's Department attorney Christopher D. Seigel said officials had hoped to avoid the threat of fines. But any fines paid would go toward lockup improvements. Barker said she debated whether this plan was harsh enough. "I wanted the fines to represent some sort of bite or sting," she said. Her order allows the court to "step in where there may have been a failure of political will and put money on the table," she said. Indiana Civil Liberties Union attorney Kenneth J. Falk, who represents inmates in the 30-year-old lawsuit over jail and lockup conditions, predicted the threat of fines will be effective because officials hate to lose control of spending. Barker encouraged local judges to continue their efforts, such as having a "duty judge" available at all hours to decide detention issues. Under the present policy, people suspected of nonviolent, minor crimes, such as prostitution or driving without a license, are only issued a ticket ordering them to appear in court. The county hopes to open a new lockup in January. - --- MAP posted-by: Ariel