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Prison bills could be mixed bag

September 25, 2008
The Altoona Mirror

Given Blair County's push to move inmates into state correctional institutions, legislation on the governor's desk might not help that much in controlling crowding at the local prison.

Blair County has been struggling to keep its prison population in check given a flood of drug-related arrests. On Monday, the county prison had a record 346 inmates. Twenty-six of those were awaiting transfer to state correctional institutions.

State legislators are attempting to ease the strain on county facilities with a four-bill package of prison reforms.

Included in the provisions is a requirement that sentences of two to five years must be served in a state prison if the county facility is over capacity.

Currently judges have the option of ordering two- to five-year sentences be served in a county jail.

Blair County judges - aware of the problem with overcrowding in the local prison - generally have been sentencing those convicted to state correctional institutions whenever possible.

Another of the measures in the four-bill, prison-reform package might not work in Blair County's favor.

House Bill 5 calls for the Department of Corrections to temporarily transfer to state inmates to a nearby state correctional institution if that person is ordered to appear in a county court.

The potential downfall is a section that states the Department of Corrections "may require a county to pay the reasonable cost of transportation."

That might wind up costing more than having counties assign sheriff deputies to handle the transportation, as now happens.

The one potentially saving grace is that the state transfers only would occur in instances in which the state or federal constitution prohibits using videoconferencing technology for the hearing.

In another measure that could affect counties, the prison-reform package also would create a provision under which the state or county prison warden could ask the sentencing court to transfer a terminally ill inmate to a health care facility.

Other patients at the facility, prosecutors, victims and others would have to be notified of the request for a transfer. And it won't be a surprise if such a request creates a lot of controversy, especially if the dying inmate has been convicted of a violent or sexual crime.

Another potentially contentious point could be the plan that would allow select defendants to cut their sentence by 25 percent if they complete a program designed to keep them out of trouble after their release. Defendants would have to request to participate in the Recidivism Risk Reduction Incentive program at the time of sentencing and would require the approval of the judge and prosecutor.

If this keeps those released from committing more crimes, the program could be a good thing. But judges and prosecutors should be selective when picking participants and closely monitor the success of the program.

It's too early to tell how all of the proposals of House Bills 4, 5, 6 and 7 will affect Blair and other counties, if the measures get Gov. Ed Rendell's signature.

We know the county budget and the county prison are strained to the breaking point. We will have to keep our fingers crossed these measures will help more than hurt.

 
 

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Fact Box

Reforms

Four prison-reform bills are awaiting Gov. Ed Rendell's signature:

House Bill 4 creates anti-recidivism program and requires two- to five-year sentences to be served in state prisons.

House Bill 5 calls for the state to transfer state inmates for county hearings.

House Bill 6 calls for creating state parole guidelines.

House Bill 7 sets procedures for transferring seriously and terminally ill inmates to health care facilities.

Source: Capitolwire