DOC error freed 70 from probation State scrambles to get them back under supervision

Jonathan Martin - Staff writer

Spokane _ The state Department of Corrections is scrambling to fix a 7-month-old gaffe that prematurely cut loose about 70 Spokane residents from criminal supervision or payments.

A computer error coupled with a lack of oversight by DOC staff resulted in people convicted of such crimes as robbery, drug possession and assault being freed of supervision in April, said Jack Kopp, the DOC's field administrator for Spokane.

The department, with the help of a specially appointed state attorney, has persuaded five or six people to return to DOC oversight, Kopp said.

But 44 have declined to voluntarily return. Assistant Attorney General Dawn Cortez will try to persuade Spokane Superior Court Judge Greg Sypolt to reinstate probation conditions on those 44 during a court hearing on Monday.

The remainder -- about 20 -- had the terms of their supervision expire between the time their supervision was erroneously dismissed on April 21 and when the DOC spotted the mistake in mid-July.

"Regrettably the errors occurred and the department is doing everything it can to correct the errors and get these people back under supervision," said Kopp late Thursday.

Most of the 70 people were convicted of misdemeanors or gross misdemeanors, although an undisclosed number are felons. All were convicted locally, and had some condition ordered -- such as restitution or bans on use of drugs and alcohol -- at their sentencing.

The error not only erased a requirement that victims be repaid, it also killed no-contact orders intended to keep criminals away from their victims.

At least one of the 70 people violated a no-contact order during the lapse in supervision. Such a probation violation would normally result in prosecution, but the offender could not be prosecuted because of the error, Kopp said.

The error also relieved, at least temporarily, many from paying restitution. One woman owes more than $23,000 from a welfare fraud conviction.

Cortez believes everyone will be ultimately returned to supervision and restitution payments.

"The court has the authority to reinstate supervision," Cortez said. "They would be under the supervision of the Department of Corrections if it weren't for the clerical error."

But some among the 44 who declined to voluntarily return to supervision have asked to consult with a public defender. Sypolt, at the request of the Spokane public defender's office, declined to extend the free legal advice.

Public Defender Don Westerman said his office is too swamped with cases where people face prison time to handle the request.

He said the law is unclear on whether the people must be returned to supervision, particularly for restitution.

"It is really unusual," Westerman said. "The state is not in very good shape because they certainly made the mistake. I honestly don't know if the court has the authority to reinstate."

Kopp said the error happened when staff asked DOC computers to spit out a report listing people whose only supervision condition is restitution. The intent was to cut off DOC supervision, and turn over collection of the debts to a Spokane court clerk.

But the list, which originally included about 750 names, included those under active supervision. Kopp said he was unsure why that error was made.

It was compounded when staff in the offender minimum management unit failed to see that the names were only people requiring restitution, Kopp said. An unnamed judge signed a blanket order April 21 severing DOC oversight of the cases.

"Obviously in the future we will be doing quality assurance to make sure the (computer reports) are accurate and correct," Kopp said.

Kopp declined to say whether anyone was disciplined for the mistake. He said he didn't know if any of those cut loose from supervision had committed subsequent crimes.

Kopp learned of the gaffe in mid-July when several people who were supposed to be under supervision violated their probation. When prosecutors went to file criminal actions, the dismissal orders were found.

"This is clearly not something we want to see happen," he said.

http://www.spokesmanreview.com/news-story.asp?date=120800&ID=s890507&cat=section.spokane

-- Doris (nocents@bellsouth.net), December 08, 2000