Early Release Program Found Guilty by Judge : Justice: Man who was spared jail time returns to court, accused of violating probation. Jurist says sheriff gave him the chance to commit another crime.

Brent Allen Tyree, a 26-year-old carpenter from Fullerton, had his day in court Wednesday. It was not his first.

Handcuffed and dressed in yellow jail overalls, Tyree spent the morning in the courtroom cage, surrounded by several dozen other suspects. Like him, they were charged with violating probation.

Police say that a chase through a residential community last month is what landed Tyree in jail this time. And had it not been for a controversial early release program by the Sheriff’s Department, opponents of that program say, the public might never have been exposed to that danger. Moreover, the young carpenter might just be wrapping up his county jail time now, instead of facing more than a year in state prison.

“This perfectly illustrates the dangers of early release,” said Central Municipal Presiding Judge Richard W. Stanford Jr. “This is one of those cases where someone was given the chance to commit a crime because the sheriff didn’t keep him in jail.”

Tyree--whose record since 1985 includes an arrest for reckless driving, three more for drunk driving and six suspensions of his license--was sentenced to 90 days in jail at a September hearing. But because of overcrowding in the jail system, Tyree only spent a fraction of that time behind bars instead heading for a work program on Oct. 25 to serve the bulk of his sentence.

“We don’t have room for everyone,” said Sheriff’s Lt. Richard J. Olson, adding that about 700 prisoners are currently in the work program, partly to give them meaningful labor and partly to free up badly needed beds in the jail system. “Where would we put 700 people? Where would we put seven people?”

But police say Tyree used his time out of jail to get back into trouble. On Nov. 26, he was stopped by Fullerton police who wanted to know what he was doing in a neighborhood brimming with narcotics activity.

According to the police report, Tyree fled, first on foot and then in his car, leading police on a chase through a residential neighborhood and running several stop signs. Police say he was captured after trying to escape on foot.

Tyree’s driver’s license was suspended at the time. In fact, he’s not supposed to be behind the wheel until Oct. 3, 1994.

Sheriff’s officials acknowledge that they wish overcrowding in the system did not force them to release multiple offenders to a work program when a judge would prefer to see them in jail. And Tyree, they said, is not the type of offender they would choose to see on the streets early, either for his sake or the public’s.

If convicted of violating probation, Tyree could face at least a 16-month stint in state prison, hard time for a young man whose criminal history has been confined mostly to misdemeanors.

“Obviously, this is something that you don’t like to have happen,” Assistant Sheriff Rocky Hewitt said. “Here’s an example that really turns out to be too bad for him and for anybody that could have been victimized.”

Although early release has few admirers, some lawyers say its downside is overrated. Susan Green, the public defender who represented Tyree at Wednesday’s hearing, said she has few qualms about early release. The program shaves about 10% off most prisoners’ sentences, a difference that she said has little effect on crime.

“People who get concerned about early release are concerned about the wrong thing,” Green said. “They should be concerned about why people commit crime.”

Stanford, however, argued that while Tyree did not hurt anyone while evading police, it is only a matter of time before a similar case ends in tragedy.

“Sooner or later, somebody’s going to get out and kill somebody or maim them,” the judge said. “The sheriff should not be releasing these people. When you’re incarcerated, you can’t commit a crime. When the sheriff lets you go, you can.”

For now, Tyree will be staying put. Offered the opportunity by Judge David O. Carter to admit that he had violated his probation Wednesday--which would have sent him to prison--Tyree declined. Carter scheduled a hearing on Dec. 12 to decide that question.

Meanwhile, Tyree heads back to the county main jail--where he’ll take up a bed.