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Chief Judge suggests alternatives to alleviate jail overcrowding

Chief Judge Richard Smith met with Bourbon County Commissioners this morning to discuss alternative sentencing for inmates in specific cases, as well as courthouse security. Smith, who presides over Lynn, Miami and Bourbon County courts, brought suggestions and ideas to the table in order to help reduce overcrowding in the Southeast Kansas Regional Correctional Center (SEKRCC).

Smith commented that at one time, the SEKRCC had plenty of room, and people were farming out prisoners to be housed in Bourbon County’s jail. “It was a whole different ballgame,” Smith said.

“We’ve done some things in Lynn County to cut back” on costs involved in housing prisoners, Smith said.  “We have kind of an information screening, the jailer and the judge. If we think someone is a candidate for House arrest, we are doing electronic monitoring on some of those folks.”

Smith also mentioned use of the Owner Recognizance (O.R.) Bond, in which a defendant unable to produce a bond signs an agreement to appear in court. According to the Oklahoma County Court Services website, in the interest of public safety, only inmates whose history has been examined and who have been deemed eligible are able to obtain an O.R. Bond.

County Attorney Terri Johnson asked if Smith had written guidelines on the O.R .program and house arrest. Smith replied that he did have written guidelines in place for the O.R. program, but that the house arrest option for prisoners was decided on a case-by-case basis.

Smith said that the two main issues faced by the area are “substance abuse” and issues with cognitive decision making. “It is a problem, because here is the issue, to be blunt. What we need is programming for [inmates]. There really is an issue here about the number of interventions provided,” Smith said. “The problem is the lack of programming dollars . . . to help these people succeed.”

Smith also brought up recent legislation that has made a difference in violations in other states. Kansas House Bill 2170 allows for a change in the incarceration process in certain cases. According to the summary of legislation for the bill, if a defendant waives the right to a hearing and the court has not “specifically withheld the authority of court services,” the defendant may be put in prison immediately by a probation officer or other court services authority for a short term of 2-3 days, but may only be held 6 days total per month in a 3 month period if incarcerated under this process. Smith said that this practice had been used successfully in other states. “The effect in Georgia and North Carolina was a radical drop in jail time,” Smith said. “It’s the immediacy of reprimand,” Commissioner Barbara Albright said.

In addition, Smith discussed courthouse security  with the commissioners during a 30 minute executive session. Commissioner Harold Coleman moved to go into executive session with Chief Judge Richard Smith, County Attorney Terri Johnson, Undersheriff Bill Martin and the commissioners present. No action was taken.

“It’s really the public that’s the concern,” Smith said of courthouse security. Everyone talks about the criminal cases—that’s not the problem. It really isn’t.” Smith explained that more routine type of cases, such as divorce cases, could cause a security concern. The remainder of the conversation concerning security matters was held the executive session.

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