Taking a different tack

June 21, 2005
By CHERYL CARMIN SHAVER, Logansport Pharos-Tribune lifestyle writer
Submitted to Gopopai.org by Bill Wakeland, District 1

With the local jail population soaring and the wide diversity of crimes being committed, the Cass County court system and Probation Departments are using alternative sentencing more as a tool for rehabilitation and accountability.

"We look at each person as an individual," said Judge Rick Maughmer, Cass County Superior Court II. "We try to determine what may have caused it (the person to do the crime).
From violation of the terms of probation, to domestic violence or drug offenses, officials must decide if the person in question has a problem that might be better treated in a different environment than jail, according to Maughmer.

"If the crime is more serious, such as burglary or rape, the person is usually given jail time," he said. "It is so subjective, and we try to do the right thing, but some folks just deserve to have their liberty taken away.

"But, for example, there might be a drunk-driving case where the person never drinks, but went to their kid's wedding and overdid it. That person might get off with probation. I understand the situation, and they will pay a fine and probably be placed on probation."

Adding to the fines and the cost of probation, the infraction can still be costly, he said. That person might end up spending at least $2,000, added Maughmer. "A misdemeanor costs $100 upfront and $20 per month of probation, while a felony costs $200 upfront with $30 per month of probation," said Maughmer, noting that the costs change according to Indiana state legislation. While on probation, there also might be the costs of treatment, restitution, court costs, insurance and a jury trial, he said.

"Drug offenses such as meth cases are being handled differently in bigger communities," said Maughmer. "They (offenders) actually have intensive face time with a responsible adult. They are treated with an intensive therapy supervisor."
These programs are effective for rehabilitation because they force the criminals convicted of drug offenses into a deep therapy for several hours a day. But there is a severe manpower shortage in this county, making this intense treatment unrealistic at this time.
Community service programs are often recommended, and the individual might be ordered to pick up trash, paint park rest rooms, mow or help with a community project.

"The prosecutor will make the recommendation for sentencing and it clearly makes a difference to a judge when the person has a supportive family, one that believes the person should be held accountable," said Maughmer.

Work release programs also are offered to some inmates. In this situation, the convicted criminal spends his time in jail, but is allowed to go to work with a crew of several other inmates.
"We don't want to compete with the private sector (with employment opportunities)," Maughmer said. "But the person needs to make amends with the community." Many of the flowers at the government building were planted by work release individuals, noted Maughmer.

Through the Cass County Probation Office, home detention also is another form of correction. Peggy Gilsinger, electronic monitor coordinator, explained the procedure.

"A transport bracelet is attached to the person's ankle, and through their telephone system and a system that we have here at the office, we monitor everything the person is doing," she said. Those on home detention are allowed to go to work, church, school, counseling and even to the grocery store, but the schedule must be planned in advance with Gilsinger.

"This allows the person to continue to work and support the family while serving out their sentence and being accountable," she added. The bracelet is black and is approximately 1-inch wide. On it is a square box that contains a device that tells Gilsinger of the offender's activities. "This costs them $11 a day to wear," she said.

The Cass/Pulaski County Community Corrections also has a work release program. "This is where inmates are allowed to work during the day," said David Wegner, director of the two-county program. "This work is more intensive, and the inmates must serve out their time, but it also allows them to be accountable for their crimes." Wegner said there are approximately 13 to 14 inmates in each county who participate.

"We are in the process of getting funding with grants to build a facility for treatment and work release," said Wegner. "This will be a 50- to 70-bed facility, and will be through the probation and the Community Correction departments."

Wegner plans for this facility to be used by those offenders who need treatment, including those with alcohol and drug problems, where inmates would get treatment for possible rehabilitation, instead of being incarcerated in jail.

"We did receive funding for a substance abuse counselor, and we hope to offer that service in August," he said. Wegner emphasized the importance of separating some people from the jail population because several offenders can benefit from treatment rather than incarceration. "The facility will include a lot more treatment-based programming."
Cheryl Carmin Shaver may be contacted at 732-5143, or via e-mail at cheryl.shaver@pharostribune.com

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