Pubdate: Wed, 14 Mar 2007
Source: Seattle Times (WA)
Copyright: 2007 The Seattle Times Company
Contact:  http://www.seattletimes.com/
Details: http://www.mapinc.org/media/409
Author: Jennifer Sullivan and David Postman

STATE DOC RESUMES EARLY FELON RELEASES

Less than two weeks after Gov. Christine Gregoire ordered the state 
Department of Corrections to stop the early release of felons who had 
violated the state's version of probation, the DOC has reinstated the practice.

In an internal memo e-mailed agencywide Friday, DOC Deputy Secretary 
Mary Leftridge Byrd said conditional releases are acceptable as long 
as they're not being done to avoid jail overcrowding. Gregoire said 
Tuesday she agrees with the policy.

Under a program that's been in effect for about five years, 
conditional releases are used for felons who have been arrested for 
violating terms of their release. Under the program, felons assigned 
to the community-corrections division are released before a hearing 
on the violation -- as long as they admit they did it.

Conditional releases can be ordered only for inmates whose new 
offenses are considered minor -- such as missing a meeting with their 
community corrections officer -- and with the agreement of the 
officer. And there may be a penalty, such as being required to meet 
more frequently with the community-corrections officer or undergo 
drug or alcohol treatment.

The conditional-release policy was criticized by Gregoire and 
Republican lawmakers after the DOC, citing overcrowding, signed off 
on the release of 82 offenders from two King County jails on Feb. 23 
without the knowledge of community-corrections officers. The felons 
released included at least 21 with convictions for assault, 15 for 
drug crimes, nine for burglary, three for rape and one for kidnapping.

In a memo to the DOC after the Feb. 23 releases, the governor ordered 
the agency to stop all conditional releases. Gregoire said that when 
offenders are returned to prison because of a violation, "the 
offender must serve the full term of custody. Anything less sends the 
wrong message to the violator and threatens public safety."

But Gregoire said Tuesday that her concern was conditional releases 
done solely because of overcrowding.

"My point to them was you can't let people out simply because there's 
no room at the inn," she said.

Last year, the agency ordered 3,144 conditional releases. None of the 
offenders was released because of jail overcrowding, DOC spokesman 
Jeff Weathersby said.

Washington State Republican Party Chairman Luke Esser said Gregoire 
has flip-flopped on the conditional-release issue.

"They're heading back to the same policy that appalled citizens 
throughout the state," Esser said.

House Minority Leader Richard DeBolt, R-Chehalis, said Republican 
lawmakers plan to send a letter to the governor today asking for more 
information.

Last month wasn't the first time that DOC exceeded the bed space in 
its contract with the King County jails. In recent months, jail 
staffers repeatedly asked the DOC to limit the number of state offenders.

The situation became a crisis late last month when DOC was housing 
304 inmates at two King County jails -- far more than the 220 beds it 
rents from King County.

Since the mass release, Snohomish County has been working to reopen a 
correctional facility to help take more state offenders. The county 
will move as many as 180 of its minimum-security inmates from its 
downtown Everett Jail to an Arlington facility, freeing up space for 
DOC inmates at the jail.

The DOC rents beds in 14 facilities, including county jails, across 
the state to hold community-custody violators until they appear 
before an administrative hearings judge or they are conditionally released.
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MAP posted-by: Beth Wehrman