Oregon Jail Overcrowding Emergency Releases Skyrocket 3,552 Percent

by Mark Wilson

The number of emergency early releases by Oregon’s largest jail system, Multnomah County, has spiked an eye-popping 3,552 percent, up from 25 releases in 2010 to 913 releases in 2012, according to a recent study.

When Multnomah County jails reach 95 percent capacity, jail staff institute emergency releases of “low-level” offenders to accommodate those arrested for more serious crimes. The 228 percent increase from 25 emergency releases in 2010 to 82 in 2011, previously would have been considered significant and troubling. That is, until the 1,013 percent spike from 82 releases in 2011 to 913 in 2012.

Theories abound as to what is fueling the unprecedented jail overcrowding spike. Multnomah County analyst Matt O’Keefe points to: people serving parole and probation violation sanctions; misdemeanor offenders serving bench probation violation sanctions; and increasing delays between arrest and trial. Multnomah County District Attorney Rod Underhill blames a rise in property crimes and a statewide movement to control prison growth by shifting offenders to county jails. The problem will only get worse, warns Underhill, without a county policy change.

As resources have dried up, judges have seen their bench probation caseloads grow dramatically, notes Multnomah County Circuit Court Judge Nan Waller. Low level offenders sentenced to bench probation are supervised by the court rather than a probation officer.

“We only have one option,” said Waller, noting that a judge can’t do anything but return the offender to jail when they violate their bench probation conditions.

Waller and others suggest that giving judges other options, such as work release, day reporting, or enhanced electronic monitoring would ease jail overcrowding. Lane Borg, executive director of Metropolitan Public Defenders, agrees, calling for reduced jail sanctions for misdemeanor offenders who can be connected with community-based programs or treatment. Borg also believes that judges need to be better educated about the impact of their bench probation sentencing decisions.

Most of the early-released detainees were held on low-level drug or property offenses, according to the analysis. Between January 1, 2011 and August 8, 2013, Multnomah County released 1,378 people early due to overcrowding. Of those, 886, or 64 percent, were charged with felonies, most often methamphetamine possession, according to the study. Those charged with class C felonies – the least serious felonies – were the largest early-release group, researchers found. Meanwhile, many detainees charged with class A misdemeanors were not granted release while class A, B & C felons were, said O’Keefe.

During the review period, 30 percent (324) of the 1,378 early-released detainees were rearrested, typically for new drug or property offenses, the analysis found.

Source:The Oregonian