Butler County judges don't appear to be any tougher or any more lenient in their sentencing than judges in other parts of the country, according to Joseph Trotter, a consultant for the U.S. Department of Justice.
But the law professor at American University in Washington, D.C., said those judges also are a long way from developing an effective system for evaluating prisoners, sentences and treatment programs.
"Decisions are made in sentencing and bail setting that aren't made with all the information that might be available," he said.
In March, Trotter and Alvin Cohn, both Justice Department consultants, issued a report to county officials raising concerns about Butler County's criminal justice system.
The 20-page assessment cited "grossly inadequate" alternatives to imprisonment.
Consultants also recommended that Butler County commissioners consider the use of prefabricated modular structures for temporary housing of prison inmates, instead of transporting prisoners out of the county.
Last year, the county spent about $800,000 to transport prisoners to other county jails because its prison and prison annex didn't have enough room.
The consultants said the county prison's crowding problem, which reflects a 150 percent increase in inmates between 1995 and 2001, also is being faced by jails and prisons across the country.
Trotter said it is imperative that judges develop more uniform sentencing and consider alternatives to incarceration.
While state law sets sentencing guidelines, "there's also a lot of latitude still available on certain types of offenses," Trotter said.
He said judges need a better handle on what treatment programs are available to people with drug, alcohol and mental health problems and how effective those programs are.
Trotter said he thinks certain nonviolent prisoners should be incarcerated.
"Personally. I think you need jail as a sanction even for nonviolent people if they're persistently acting out and committing offenses," he said.
Mark Bergstrom, executive director of the Pennsylvania Commission on Sentencing, said he was unaware of any inconsistencies in the way Butler County judges sentence people. He said he is not surprised that questions have been raised about nonviolent inmates being imprisoned.
While many counties in Pennsylvania are faced with imprisoning repeat offenders, others have crowded jails because they have not developed effective alternatives to incarceration, he said.
The failure to develop effective pretrial release programs or electronic monitoring programs, among other things, will result in crowded prisons, Bergstrom said.
