A lot of people are up in arms about what appears to practically be a revolving door at the Scioto County Jail.
Many times, suspects are arrested and almost immediately released without even paying bail.
For example, one troubled individual has been arrested 61 times, nine times within a six-month period. Another individual has been arrested three times in the same month.
What really surprised some readers was when a man was arrested on child sex abuse charges and immediately released without paying a penny in bail.
So, who makes the decision to catch and release these offenders? Well, it’s not law enforcement. Portsmouth Police, the Sheriff’s Department, OSP, ODNR, and the Scioto County Jail don’t have any say in whether someone gets bail or is released on their own recognizance.
Sheriff David Thoroughman explained to SCDN: Portsmouth Municipal Court sets a bond schedule for all non-warrant arrests, and the jail has to follow that schedule. When people appear before the court, the judge decides if they should be released on bail.
Keep in mind that judges also have to work within the law. According to a ruling by the Ohio Supreme Court, when judges are determining bail, they should weigh these five factors:
- The nature and circumstances of the crime charged and whether the crime involved a weapon
- The weight of the evidence against the defendant
- The confirmation of the defendant’s identity
- The defendant’s family ties, employment, financial resources, character, the record of convictions
- Whether the defendant was on parole or subject to another form of court control at the time of the alleged offense.
Judge Steven Mowery told SCDN, “Here’s the situation, people don’t realize it, but a defendant may have 77 charges, but 70 of those charges are misdemeanor disorderly conduct, and I can’t keep them. I can’t keep them in jail unless they are charged with something that’s jailable.”
Judge Mowery says there are factors that the public doesn’t necessarily see that he’d like brought to light. “The county jail doesn’t want me to have someone in for six months on a misdemeanor because they are overpopulated all the time.”
