Estimated read time: 2-3 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
SALT LAKE CITY (AP) -- Judges in the 3rd District Court system have objected to steps taken by the Salt Lake County Council to significantly cut the number of jail beds, contending the reductions could hamper the judges' ability to sentence offenders.
"We are concerned that, as a result of the council's actions, a District Court judge's incarceration determination in an individual case will be overridden by limits that, in our opinions, undermine the purposes and effectiveness of criminal sanctions," wrote judges Sandra Peuler and Robert Hilder, the presiding and associate presiding judges in 3rd District Court, in a letter to the council.
The County Council has approved a resolution saying the jail will not accept any offenders with a class C misdemeanor or class B misdemeanor traffic violation, except in cases of driving under the influence convictions or offenders with a record of domestic violence.
Councilman Jim Bradley said county officials know that judges don't like to be told how they should sentence offenders and are trying to work out the issues.
County officials are pursuing alternatives to incarceration, such as putting low-risk inmates into treatment programs. It could save thousands of taxpayer dollars because keeping inmates in jail is extremely expensive, Bradley said. The county shouldn't be paying to incarcerate those who do not pose a direct threat to themselves or to society, such as offenders with minor infractions such as driving without insurance, Bradley said.
The council wants to reduce the capacity at the jail by 300 beds by July.
Such an effort results in unintended consequences, the judges wrote.
"Much of the ability to ensure that a defendant complies with the court's orders while not in custody is to have the real expectation that noncompliance will lead to jail time," the letter said.
The judges are responsible for balancing public safety, offender accountability and rehabilitation through sentencing, Peuler and Hilder wrote. If there aren't enough beds at the county jail, justice will not be served, they said.
During a recent council meeting, Sheriff Aaron Kennard said the council's decisions might force him to violate judges' orders if there is no room to house inmates.
"While we appreciate the council's interest in the development of alternatives to incarceration, we cannot support decisions that ultimately may mean that the court's orders are not followed," the judges wrote.
------
Information from: Deseret Morning News, http://www.deseretnews.com
(Copyright 2006 by The Associated Press. All Rights Reserved.)
