LOCKUP CROWDING EASES UNDER THREAT OF FINES

Facing the threat of heavy fines, Marion County officials told a federal
judge Monday that their new strategy to ease lockup crowding is working.

By ticketing instead of arresting suspected prostitutes, shoplifters and
pot smokers, officials have kept the lockup under a court-ordered cap of
297 inmates since April 14. And since Thursday, the temporary holding
facility has met its other goal: releasing people or moving them to the
county jail within four days. Sunday night, the lockup held 78.

Despite this success, U.S. District Judge Sarah Evans Barker issued a
schedule of fines under which the Sheriff's Department would pay thousands
of dollars if the cap and stay limits are exceeded after Wednesday.

The daily fines range from $200 to $500 for each inmate over the population
or length-of-stay limits. Moreover, the county would be fined an additional
$10,000 if the inmate count exceeds 337 or any inmate remains in the lockup
more than 10 days.

Sheriff's Department attorney Christopher D. Seigel said officials had
hoped to avoid the threat of fines. But any fines paid would go toward
lockup improvements.

Barker said she debated whether this plan was harsh enough. "I wanted the
fines to represent some sort of bite or sting," she said.

Her order allows the court to "step in where there may have been a failure
of political will and put money on the table," she said.

Indiana Civil Liberties Union attorney Kenneth J. Falk, who represents
inmates in the 30-year-old lawsuit over jail and lockup conditions,
predicted the threat of fines will be effective because officials hate to
lose control of spending.

Barker encouraged local judges to continue their efforts, such as having a
"duty judge" available at all hours to decide detention issues. Under the
present policy, people suspected of nonviolent, minor crimes, such as
prostitution or driving without a license, are only issued a ticket
ordering them to appear in court.

The county hopes to open a new lockup in January.