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| N.J. to check sentences of every inmate |
| By Newark Star-Ledger |
| Published: 10/06/2003 |
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After an appeals court ordered the release of a prisoner mistakenly kept behind bars for two extra years, state corrections officials are scouring thousands of records to determine how many other inmates might be overdue for freedom. The court agreed with convicted robber Larry Hill that the Department of Corrections had miscalculated his sentence, adding two five-year terms together when they were supposed to be served concurrently. That ruling raised questions about the validity of release dates set for other inmates and prompted the department this week to review the records of all 27,000 prisoners, checking for any similar errors. "We're trying to ascertain how many, if any, other inmates will fall under this decision," said Deirdre Fedkenheuer, a spokeswoman for the department. Patrick DeAlmeida, the deputy attorney general who represented the Department of Corrections in the court case, said: "There are probably others. Our initial feeling is there are not too many others." Corrections officials said their initial review revealed 17 to 136 inmates may have had their sentences miscalculated. DeAlmeida said if the errors are confirmed, some inmates might be released immediately, while others will have less time to wait before they are let out. Maria Noto, president of the Association of Criminal Defense Lawyers, said it is imperative for the Department of Corrections to figure out how many other inmates are being kept behind bars beyond their proper release dates, saying this unfairly denies inmates their freedom and is expensive for the state. In New Jersey, it costs $28,000 per year on average to house an inmate in a state prison. Hill, 32, was released from South Wood State Prison in Bridgeton on Sept. 26. DeAlmeida said the state will not challenge the decision before the state Supreme Court. He said the confusion was caused because Hill was sentenced to two five-year terms on two different dates for two different offenses. Generally, he said, a parole violator would be sentenced for all offenses on the same day. The judge intended for those sentences to run concurrently but corrections officials mistakenly determined they should run one after the other, resulting in a 10-year sentence. DeAlmeida said because of the error, Hill served an extra two years in prison before the court ordered him freed. |
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