UPDATED: County Approves Jail-Diversion Expansion

Bernalillo County commissioners late Tuesday rejected a proposal to put the sheriff in charge of the chronically overcrowded Metropolitan Detention Center.

They also voted to authorize $1.5 million to expand a court-run program that diverts some defendants from jail, allowing them to be supervised in the community instead while they await trial.

The votes, taken separately, followed a charged debate over whether sex offenders could be released from custody under the jail-diversion plan.

Commissioner Wayne Johnson, who opposed the proposal, said a report prepared by the Second Judicial District court raised that very possibility.

The proposed expansion appeared to be “for the wrong group of people,” Johnson said, rather than lower-risk offenders.

Ted Baca, chief judge in the Second Judicial District, accused Johnson of creating a “false impression” about who would be released. Court employees will conduct strict risk assessments of those eligible for supervised released, he said, and GPS-tracking can be used to ensure offenders stay where they’re supposed to.

“I think it’s very unfortunate you’ve taken that tack,” Baca told Johnson after he brought up sex offenders.

Baca suggested that it would be rare for “someone in that category” to be considered for release. About 725 people are already supervised through the court’s Pretrial Services Division, he said.

Another 200 people roughly are in a jail-run program that’s similar to house arrest.

Johnson said his criticism was based on the court’s own proposal, which mentioned that the program would provide Global Position System bracelets to “100 high-risk defendants,” including people charged with sex offenses or domestic violence.

“I’m not making this up,” Johnson said. “I’m reading your report.”

In any case, Johnson was the lone “no” vote against providing $1.5 million for the program.

Supporters said judges will exercise discretion in who can be released, based on careful assessment and background investigations. The GPS bracelets can be programmed to alert court staff if the defendant goes to prohibited areas, such as a near an ex-girlfriend’s house.

The commission’s 4-1 vote authorizes the county manager to enter into an agreement to carry out the plan. In favor were Maggie Hart Stebbins, Michelle Lujan Grisham, Art De La Cruz and Michael Wiener.

Commissioners also voted 3-2 in favor of supporting “the continuation of the jail administration and operational structures in its existing form.” Under the current system, the jail chief reports to the county manager’s office, which, in turn, reports to the commission.

It was a party-line vote, with Republicans Wiener and Johnson in dissent. Johnson also proposed specifically that the jail be transferred over to control of the sheriff, but that measure wasn’t brought to a vote because no one seconded the motion.

After the meeting, Wiener said he didn’t support sheriff’s takeover “at this time.” But he said he voted “no” against the current arrangement because he wanted to make it clear that the current administration should work more cooperatively with Sheriff Dan Houston.

Houston, for his part, said he didn’t ask for the jail but that his experience as sheriff has highlighted for him the magnitude of the problems inside the lockup. He said there are often three inmates in a small cell designed for two.

“They deserve to be treated like human beings,” he said.

Houston is a Republican.

Supporters of the current system said the jail has made great progress since the hiring of chief Ramon Rustin after a national search.

Bernalillo County’s local jail system is at the center of a long-running civil-rights lawsuit in federal court, first filed in 1995. The jail population is around 2,500 inmates, well above its 2,236-bed capacity.

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Bernalillo County commissioners voted 4-1 in favor of a $1.5 million proposal to expand a jail-diversion program run by the courts for adults awaiting trial.

It followed heated debate over whether the expansion would result in the release of “high risk” defendants from custody.

Commissioner Wayne Johnson pointed to a report from Second Judicial District Court that mentioned sex offenders as one possible group eligible for release.

Chief Judge Ted Baca shot back that it was “unfortunate” Johnson was making it sound like sex offenders would be released. A strict risk assessment would be conducted to ensure dangerous offenders aren’t released, he said.

Johnson was the lone “no” vote.

Update: The commission later voted 3-2 in favor of keeping the current jail administration in charge of the Metropolitan Detention Center rather than turning it over to the sheriff. It was a party-line vote.

In favor were Democrats Art De La Cruz, Maggie Hart Stebbins and Michelle Lujan Grisham. Opposed were Republicans Johnson and Michael Wiener.