Stiff sentencings, high bails and a surplus of out-of-county inmates caused the Lackawanna County Prison to incarcerate people at more than twice the national rate of similar jails, a Sunday Times analysis found.
In fact, in the past four decades, the inmate population in Lackawanna County’s jail exploded past the rate of other local jails in the U.S., according to a report from the Vera Institute of Justice, a think tank that advocates for criminal justice reform.
While the national rate of people held in local jails, like county lockups, increased four times between 1970 and 2014, the most recent year nationwide data is available, the rate in Lackawanna County Prison skyrocketed more than 14 times in that same period, according to the report, which analyzed Bureau of Justice Statistics data.
In 2014, the Lackawanna County Prison housed about 698 inmates for every 100,000 residents. Nationally, local jails locked up about 341 people for every 100,000 residents. The report compares the jail population with a general population of people ages 15 to 64 to calculate the per capita rate because the vast majority of inmates fall in that age range.
The interwoven problems of poverty and drugs are partially to blame for the high incarceration rate in Lackawanna County, some experts say. Others point to local policy choices that funnel more people to the jail, including judges setting high bails and sentencing lengths, as well as the revenue-boosting decision to house some state prisoners in Lackawanna County Prison.
Crime rates fluctuate
In Lackawanna County, crime rates and the number of arrests fluctuate, depending on the type.
Drug crime arrests in the county remained relatively flat in the past decade at about 900 per year, according to crime data collected by Pennsylvania State Police. Arrests for violent crimes like murder, robbery and aggravated assault in Lackawanna County increased from 482 in 2007 to 727 in 2016. However, arrests for total crime in the county dropped from 5,528 in 2007 to 4,831 in 2016.
A big reason for the inflated incarceration rate in Lackawanna County is that the jail houses inmates from nearby state prisons, which the Vera Institute includes in its data. The county jail also houses federal prisoners, but the think tank does not include these people in its data analysis.
Though the county jail’s population routinely hovers just under 1,000 people — it averaged 968 inmates in 2016 — about a quarter of those are state and federal prisoners awaiting court appearances.
When crime rates mushroomed in the 1990s, the county expanded the capacity of the prison to house about 1,200 inmates. As it did elsewhere in the nation, crime did not continue on its upward path, leaving the jail with extra beds, Lackawanna County Prison Warden Tim Betti said.
The Vera Institute argues that in the face of declining manufacturing, Lackawanna and other counties with limping economies have turned to their local jails as an economic driver.
Lackawanna County Judge Vito Geroulo, who oversees much of the county’s criminal cases and is chairman on the Lackawanna County Prison Board, acknowledged the area’s high rate of poverty and lack of education are a large factor of the high incarceration rate.
Lackawanna County has a poverty rate of more than 15 percent, higher than the national average, 13.5 percent.
However, Geroulo disagreed that the county is using the prison as an economic driver.
“I don’t think there’s any county that really wants to operate a prison,” he said, noting the high costs that taxpayers ultimately pay.
This year, the county allotted about $26 million of its $104 million budget to cover costs at the county jail.
A downside of housing state and federal prisoners, which brought in more than $6 million to the county in 2016, is that some get paroled in Lackawanna County.
“That’s not an infrequent occurrence,” Geroulo said.
About half of inmates released from Lackawanna County Prison end up incarcerated again, according to county officials. Housing state and federal prisoners here, many of whom eventually are released into the community, can increase recidivism, Geroulo said.
High bails problematic?
Many Lackawanna County Prison inmates are in the jail because they did not pay bail. They remain there until the resolution of their cases.
A long wait for the completion of criminal cases could lead to a backlog of prisoners in the county jail, but Lackawanna County does not have many pending cases that are more than a year old, state court data shows.
High bails are more problematic, some local attorneys say.
Joseph D’Andrea, a longtime defense attorney in Lackawanna County and surrounding counties, said local judges sometimes order “excessive” bails.
“The purpose of bail is to protect the community and to try to determine if the individual is a flight risk, and the flight risk is often minimal,” he said.
It costs the county about $55 a day to house an inmate. And, imprisonment before a conviction can cause a defendant to lose a job or home and strains families, said Ann Schwartzman, policy director of the Pennsylvania Prison Society.
“The consequences end up being huge and costly for a policy that could change,” she said.
Lackawanna County President Judge Michael Barrasse, a former district attorney, said judges may have issued higher bails in the past, but the county addressed that problem last year by launching a pretrial services program. The program connects defendants with treatment and supervision from probation officers immediately after an arrest to help get their lives straightened out before sentencing.
And, choosing the right amount for bail is always a judgment call, Geroulo said. As the opioid epidemic continues, the judge said he has released defendants before sentencing only to learn they died from an overdose.
“That is absolutely a daily consideration,” he said. “When I have somebody that appears to be out of control and using heroin, I would rather err on the side of incarcerating somebody that could possibly be out on the street as opposed to putting them out on the street and having them turn up on the obituary page.”
Bail can be a “weapon” to persuade addicts to start treatment, Geroulo said.
“If you check in to rehab, I’ll reduce your bail tomorrow,” he said. “Anything is better than this county jail. That provides enormous motivation for getting people into treatment.”
In Lackawanna County, where Barrasse launched the state’s first drug court in 1999, the judges focus on attacking the roots of addiction, offering leniency for those who complete treatment, and wielding jail time as a threatening cudgel for those who don’t.
‘Product of the same culture’
From 2012 to 2015, the most recent years for which data is available, county judges sentenced about half of all defendants to the local jail or state prison. By comparison, Luzerne County judges jailed about 40 percent. Among similarly sized counties, Lackawanna County judges fall in the middle in terms of percentage of defendants ordered to serve time in jail or prison.
Many local attorneys describe Lackawanna County judges as harsh sentencers.
Paul Ackourey, a Scranton defense attorney who practices throughout the region, said that while Lackawanna County judges often allow DUI offenders to remain free by using electronic monitoring, many judges punish defenders with minor misdemeanors with county jail time when they could also release people using that same technology.
“Part of it is cultural for Northeastern Pennsylvania,” he said. “I think the average guy on the street wants to see a jail sentence (for offenders), even if it’s for a minor crime of violence. I think the judges are just responding to what the people want. They’re a product of the same culture.”
Geroulo disagreed with the idea that he and his fellow judges are too severe in handing out discipline. He noted that in 2015, the county judges sentenced 93 percent of its 1,313 offenders within state guidelines, including 74 percent in the standard range, 15 percent in the higher, aggravated range, and 4 percent in the lower, mitigated range.
The judges say they consider the unique factors of each case before issuing a sentence. Barrasse said he is stricter with defendants when the case calls for it, such as when a person deals drugs simply for profit. However, mitigating factors like selling to feed an addiction can persuade him to order treatment and a potentially lesser period of incarceration, he said.
Countermeasures
Lackawanna County judges may have mirrored the national trend by using incarceration as ammunition in the war on drugs, but the strategy is changing.
To reduce the jail population, officials are trying aggressively to attack the causes of crime — things like addiction, mental health and anger — and experiment with methods to keep people out of jail while still being monitored.
Along with creating the state’s first drug court, Lackawanna County also has the state’s second mental health court. There are specific courts for veterans, drunk drivers and domestic abusers. The idea behind these treatment courts is to offer lesser sentences or even the elimination of non-violent criminal charges if offenders stay out of trouble and complete counseling for the issues leading to their arrests. Hundreds of offenders now receive guidance and treatment from those courts, Barrasse said.
The court also launched the pretrial services program and is experimenting with devices like the Smart Mobile, which allows drunk-driving offenders to stay out of jail but requires frequent breath tests to ensure sobriety.
Lackawanna County Prison offers a re-entry program for soon-to-be-released prisoners to help them with education, employment and housing so they don’t come back.
“We’ve been in the vanguard on that,” Geroulo said, noting the county’s “strenuous efforts toward rehabilitation.”
Still, the average population of county prisoners in Lackawanna County Prison — excluding state and federal inmates — holds steady at about 700 people in recent years, bouncing from 721 in 2014, to 671 in 2015, and creeping back up to 709 last year.
Ultimately, the purpose of the criminal justice system is to keep the public safe as well as to rehabilitate offenders.
Geroulo noted the data point in the Vera Institute report that the violent crime rate in Lackawanna County is nearly 30 percent lower than the national rate.
“If we are incarcerating at a higher rate, at least we’re getting some return on our investment if we have a lower level of violent crime in our county,” he said.
Contact the writer: pcameron@timesshamrock.com, @pcameronTT on Twitter