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Warden: DUI bill may affect space in Md., county prison
By The Herald-Mail
Published: 10/06/2003

Already burdened with the highest population in its history, Franklin County Prison could be straining to contain an additional influx of inmates after Pennsylvania Gov. Ed Rendell signed into law a statute lowering the legal limit for intoxication.
The bill lowered the limit for intoxication from a blood-alcohol level of 0.1 percent to 0.08 percent and toughened penalties for those convicted of having levels above 0.16 percent. Warden John Wetzel said he agreed the state needs to get tougher with drunken drivers, but the legislature approved the bill and the governor signed it just months after cutting funding for treatment.
"To mandate treatment and cut drug and alcohol funding in half within a three-month period, I don't see how they can do that with a straight face," Wetzel said.
First offenders with a reading between .08 percent and .099 percent face a penalty of six months on probation, a provision of the law Wetzel said will not greatly affect the prison population. The higher penalties that will take effect in February for those with levels above .16 percent, however, likely will strain prison resources.
The minimum sentence will increase from two days under the current law to three days. For second offenders, the minimum penalty jumps from 30 to 90 days.
"In September, we had the highest daily population in the 31-year history of the prison," Wetzel said. With a rated capacity of 174 male and 26 female inmates, the prison housed an average of 351 last month, not counting an average of 24 per day that are being housed at prisons outside the county.
Wetzel said finding extra bed space at other jails could be a problem if all are looking at higher populations in coming months.
On Tuesday, the prison was holding 24 inmates sentenced for driving under the influence, according to Wetzel. He said half a dozen more probably came in Wednesday after court sentencing.
The number of DUI-related inmates, however, was 118 Wednesday, according to Assistant Warden John Eyler. That number included those sentenced, awaiting sentencing or back in jail for parole or probation violations, about a third of the inmate population.
The old law, Williams noted, already had a provision under which a person could be charged with being incapable of safe driving, even when their blood alcohol level was below 0.1 percent.


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