July eyed for court reforms
Panel unveils plan to turn city jail into clearinghouse; `Making great
progress'; Group to seek state funds for implementation
___________________________________________________
By Caitlin Francke
Sun Staff
A speedier criminal justice system could be in effect in Baltimore by
July 1 under a plan announced yesterday that ends -- at least for now
-- a vitriolic debate between the mayor and state judiciary.
But more hurdles remain before the courtroom at the city jail is
turned into a clearinghouse for minor cases, as the mayor wishes.
The estimated cost of putting the plan in place is about $10 million,
much of which will likely have to come from state coffers. Officials
aim for the courtroom to be operational by July 1.
"Now we'll have to get it funded," said John H. Lewin Jr., chairman
of the Criminal Justice Coordinating Council, a group composed of
all criminal justice agencies, from judges to jail officials. "I'm hoping
that the governor will press for full payment of that budget and the
legislature will comply."
Council members had been working for the past year on a plan to
better use the jail courtroom. Mayor Martin O'Malley's demands for
fast action accelerated the council's work.
Lewin publicly outlined the plan yesterday at the council meeting
attended by about 20 representatives of criminal justice agencies as
well as O'Malley, Lt. Gov. Kathleen Kennedy Townsend, Secretary
of Public Safety and Correctional Services Stuart O. Simms, the top
judges of the city's circuit and district courts and State Public
Defender Stephen E. Harris.
Lewin said he plans to present the plan to legislators this week. But,
he said, the public defender's office, the jail, the judiciary and other
agencies affected will have to push to get the money they need in
their budgets. "It'll be up to them to convince the state legislature that
they are entitled to every dollar," he said.
The plan represents a breakthrough in the fiery battle over the future
of the city courts. O'Malley and Chief District Judge Martha F. Rasin
both appeared to approve the plan after weeks of fighting.
"I think we are making great progress," O'Malley said at the
coordinating council's meeting in Courthouse East on Calvert Street,
where the plan was unveiled. "Thanks for all your good work."
Rasin sounded a similar note of cooperation.
"I am satisfied that citizens' rights will not be jeopardized and that
the
plan is realistic," Rasin wrote in a prepared statement.
Substantial differences
The plan, while meeting O'Malley's goal of eliminating minor cases
swiftly, differs substantially from his original proposal.
O'Malley's proposal called for 50 percent of the 250 daily arrests to
be adjudicated within 24 hours of arrest. It is not clear under this
plan how many cases will be handled.
To start, prosecutors are expected to bring about 50 or 75 cases to
the courtroom every day. A judge will preside over cases five days a
week, eight hours a day. The courtroom is now used part time.
If the program, which Rasin is calling a "pilot," is successful, Lewin
and others said it could be expanded.
The process
Here's how it will work: Prosecutors will review all arrests made
between 6 p.m. and 2 a.m., the peak hours, to determine which
cases can be expedited. Those will include drug possession,
prostitution, shoplifting and disorderly conduct.
The defendants held in jail on such cases will be offered a plea
bargain in the morning. If they accept it, they can be sentenced or
released that day. If not, they will await a trial.
The defendants who are released on bail will be scheduled for a
hearing the next afternoon in Eastside District Court on North
Avenue. They, too, will be offered a plea bargain, which they can
accept or reject.
Adding staff
To put the plan in place, the jail will need $2.2 million to hire
additional security staff to transport the inmates to and from the
20-by-40-foot courtroom because it is in an unsecure part of the
building.
It will also need to revamp the courtroom area to build a holding cell
and create room for prosecutors and public defenders to meet with
inmates.
The public defender's office estimates that it will need $3.3 million for
more staff because they will be working around the clock.
The judiciary will need about $1 million to hire more court
commissioners, who set bail for defendants and will prepare the case
files.
Prosecutors have received $1.3 million from O'Malley to staff the
courtroom and take over the charging function from police.
Yesterday, Lewin said the Police Department will have to hire five
more chemists to analyze suspected drugs.
O'Malley said he will "explore" the idea of hiring additional chemists.
Originally published on Mar 9 2000