Inmates Held Illegally Says Judge
Mesa County’s top judge said last week his confidence in the Colorado county’s Criminal Justice Services Department has been “significantly eroded” after an investigation revealed some defendants were being held illegally in Mesa County Jail.
As of Feb. 15, 10 defendants were in custody illegally and had been held for between six days and more than five months, according to [Chief Judge David] Bottger’s own investigation. All defendants had been sentenced to community corrections and were placed either on day-reporting or nonresidential status as they were awaiting a bed at the facility. Bottger said the defendants were sent back to jail for alleged violations, but they were held without bond and without a judge determining whether the arrest was legitimate … Bottger said he expects Mesa County Sheriff Stan Hilkey to provide him with a daily e-mail list of all community corrections clients facing disciplinary actions. Bottger also said he expects officers to file sworn affidavits no more than 24 hours after a defendant is jailed, and he ordered that defendants be allowed to see a judge within 48 hours to determine whether probable cause exists for an arrest. Bottger suggested the county conduct its own review of the criminal justice department.
There is a great deal more on this issue in The Daily Sentinel.