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29 freed from packed jail
By The Oakland Press
Published: 05/11/2006

OAKLAND, MI - A homeless man accused of fishing without a license was one of 29 inmates released Wednesday from the Oakland County Jail in the first-ever use of a local order that intends to preempt a jail overcrowding emergency.

Four days into exceeding population limits, Oakland County sheriff's offi cials prevented the overcrowding emergency Wednesday but they fear that they might be right back at too many prisoners and not enough beds. Eader said the charges for inmates released Wednesday include shoplifting, child support nonpayment and minors in possession of alcohol - plus the fishing without a license.

Eader did not have immediate information on the defendant, except that he came out of the 52nd-3rd District Court in Rochester Hills, where he is due back for a May 18 hearing. The local administrative order was put in place to prevent jail overcrowding emergencies, which have three times in eight months led to mandatory releases of more than 600 total sentenced inmates.

The local order allows for inmates with bonds less than $500 to go free on personal bonds, such as the fisherman, and for inmates serving more than 45 days to go free if they have fi ve days or less remaining to serve a 10 percent or less reduction.

The state-mandated releases require that only sentenced inmates get a straight reduction in their sentences, which has been about 50 percent or more. Inmates with assault-related or drunken driving charges are excluded from the local order, and any judge can veto their defendants. The number of vetoed releases from Wednesday were not immediately available.

Oakland County Chief Circuit Judge Wendy Potts said that she and other officials will look at this first use of the local administrative order and find ways to improve it. The judge referred to the state law that mandates the jail population 25 below capacity - 1,828 is the capacity - after a week of being overcrowded. The jail went over capacity Sunday, leading to the administrative order going into effect Monday.


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