Early Jail Release: Walking a Fine Line

Public anger over the early release of Renee Reid, who was convicted of vehicular manslaughter with gross negligence for killing bicyclist Phil Cramer, has been understandably intense. The 19-year-old woman served only 31 days of a one-year sentence in County Jail before being placed in an electronic surveillance program that would allow her to serve the rest of her sentence at home.

Such a short jail term seems on the face of it unjust, and it sends a mistaken signal that drunk driving is not a serious crime. It also raises several troubling questions.

The most disturbing is the appearance of favoritism: Reid is the daughter of a district attorney’s investigator. The county was careful to avoid a conflict of interest at her trial by having the state attorney general’s office prosecute. But the state prosecutor was not informed of the decision to release Reid and was rebuffed when she inquired.

Sheriff Jim Roache denies any favoritism. Reid was released, the Sheriff’s Department says, because she requires considerable medical treatment for her injuries from the accident, and transporting her took too much deputy time.

The case also pointed up an inequity in the program. The decisions on men and women inmates are made by different agencies with different criteria. So, men generally end up serving at least half of their sentences before being eligible for electronic detention, while there is no such minimum for women prisoners. This should be corrected promptly.

But what must not be lost in the outrage over Renee Reid’s case is the fact that thousands of inebriated drivers and other criminals are released from jail early or avoid any incarceration because of jail crowding.

As of March 9, there were 12,000 outstanding felony warrants, of which 411 are for driving under the influence of alcohol or drugs. In addition, there were 42,983 outstanding misdemeanor warrants for driving under the influence. These are people who have failed to appear in court, failed to pay a fine or failed to comply with the terms of their probation, many of whom would be in jail if there were room.

In addition, inmates are released early to make room for other inmates. The court overseeing the jails has given the sheriff the discretion to reduce jail terms by up to 10% when the bulging jail populations exceed court-ordered limits. This is done daily. And will continue to be done as long as the new East Mesa jail sits mostly empty because of insufficient operating funds.

Electronic detention will continue to be used--and should be--because of the crowded jails, because it is cost-efficient, and perhaps reduces the hardening effects of jail. It is also better than releasing someone outright.

But the Sheriff’s and Probation departments and the courts must make sure that decisions on early release and jail alternatives are made fairly. The decisions should not be based either on favoritism or popular opinion.

The prosecutor has asked that Reid be re-incarcerated. If she received special treatment, or if she violated any of the terms of her release--as was initially alleged--she should be.

If not, putting her back in jail might only force jail officials to make even less-desirable choices in their attempts to manage an overwhelming problem.