Thanks for the clarification @momofthreeboys
Different states may have different rules but in general work release removes the guilty party from situations they may not be handling well i.e. drinking and driving, sex offenses between adults where alcohol is involvedd etc. by keeping them in the jail except for the period of time they work (or go to school) and frequent pee testing to make sure when they are away from the jail they are not using.
I actually think the judge did a pretty good job of sentencing in this case but have doubt if the guilty party will be allowed to continue with his education, which in my opinion may be punishment and satisfy some people today but may not be a benefit to society in the future. I am glad my BF is a judge and not me. Work release must not be understood well in Colorado because a number of media reports seem to be reporting that he got no jail time which is not the takeaway I got. My impression was he got 2 years in jail.
It is not uncommon in this class of offenses with first time offenders in my neck of the woods. Sounds like the mother in this case, is a medical doctor so hopefully she will ensure her daughter has counseling to deal with her trauma. I am unsure if Colorado has victim restitution for any resulting costs for therapy etc. and media reporting is weak so hard to form all but the most basic opinions.
Boulder County jail is definitely nicer than Colorado state prison. Denver county jail? No, it’s awful and I told a former boss I would not go there. He loved visiting as he was a celebrity, but no way was I going.
For the Boulder county jail, there are two section, those serving sentences and those awaiting trial. The awaiting trial people may also be divided into two, those newly arrested and those who haven’t made bail, depending on the census. The judge I worked for used to sentence people to one day in jail because it was a horrible day and he wanted them to believe every day was like that first day - strip search, walking around waiting to get clothes, eating meals at off times (4 am, 10 am, 3 pm done for the day). The noise, the lights, the announcement, the mean looking people, no smoking, no alcohol. It is a rough day. But I’ve know people who were in there more than a day, and they do start to get used to it. They make friends with people who have been in there before, who know the attorneys, who know what to ask for. They start advising the newbies on how to ‘do’ jail.
As for the work release program, it may be available right away or it may not, and there is always going to be at least a week for the paperwork to process. They only have room for so many to be on it at once, so if it is full when this guy starts serving his sentence, he may have to wait for an opening. Often when people are sentenced to 90 or 120 days, they get on a list and don’t start serving until there is an opening on work release, but I doubt that is an option for this guy because his sentence is long. Work release is also not guaranteed every day. Problem with the computers or not enough staff or big trial at the courthouse? No release. Lockdown? No release. Come back with contraband or drunk or stoned? Off the program. Jailers don’t really care that you have to be to work by 8:30, they’ll get to you when they get to you.
Does the inmate get priority registration for classes? Can he go to college only during certain hours? How is transportation to and from the college done? Who pays?
Every jurisdiction has different rules but generally total hours outside the prison generally have a cap, sometimes the prisoner pays a fee to participate in the program, transportation would depend e.g. a convicted drunk driver who lost his license would not be driving themselves of course and generally their movements are restricted during the release period. Have no idea how class registration would be handled.
It is up to the prisoner to conform to the program, not the other way around. If your work hours are 7 pm to 5 am, forget it. If the school wants to give priority registration, that up to the school. It’s not like a half way house which can be more flexible.
Most jails are not in the center of town and there is not a lot of public transportation, so those in the program need family and friends provide transportation.
I still no get why the local Boulder media are writing headlines like " Former CU student convicted of Boulder rape spared prison sentence", the local Boulder media is doing a horrible job on this story. The boulder paper has this first line “An online petition to recall the Boulder judge who sentenced a convicted rapist to probation instead of prison”. And a petition saying this: “Austin Wilkerson raped a half conscious young woman, but will serve zero prison time due to yet another judge’s lenient sentencing,” the petition reads. Did something change from the original sentence of 2 years in prison and two decades of probation?
There is a difference between prison and jail. Prison (state facility, more secure) is worse, no doubt about it, but jail is no fun either. Inmates in prisons cannot be released daily for work or school, but they can attend school on line or take courses at the prison.
Colorado judges are appointed by the governor and then up for retention periodically by the voters. It’s very rare for a judge not to be retained. This judge isn’t up for retention for several years.
Most people do not make a distinction between prison and jail in everyday conversation. Those headlines will mislead many readers as to the nature of the sentence.
Here is a short outline of the work release program at Boulder County Jail. It is a separate program, in a separate section of the facility. Inmates pay to live in that section, and pay a $17/day fee to be released for work:
Program Description
A program that allows an inmate to continue working while satisfying a jail sentence. The residents pay a weekly fee for living in the jail or a community treatment center. They must report to the jail or treatment center after work and remain there, unless excused by jail or treatment center staff to attend programs, etc.
Client Profile
Must be sentenced to a minimum of 30 days.
No history of psychotic disorders.
Must have a verifiable and acceptable job, during which they work 30 to 50 hours per week and no more than 6 days per week.
Must not be in the employment of another current jail resident or family member.
Must be able to meet the program's fee requirements of $17.00 per day.
Able to arrange their own transportation to and from work.
Willing and able to abide by all rules and regulations of the Work Release Program.
Use of marijuana (medical or otherwise), alcohol and non-prescribed medications are not allowed and will result in disciplinary action.
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The facility is not in downtown Boulder, but not that far away and there is public transportation
What is isn’t being discussed is the probation. A lawyer was talking about this case and probation. There is a “sexual offender” probation which makes life very difficult for those who get it.
A person on this probation had to get approval for all travel from their residence. You could not decide to get gas in your car the same day, but had to plan in advance when you were going to do it.
The person can have no contact with children. Doesn’t matter if their case has nothing to do with children. If the individual is out in public at a retail establishment and a child enters, the individual had to leave. The lawyer talked about one individual going to jail because of contact with a child. The individual was at the hospital emergency room because of his father. A child went around handing out candy to everyone. The individual reported it to his probation officer and then was sent to jail. The lawyer said his crime had nothing to do with children.
An interesting discussion on how probation isn’t always easy.
The lawyer said she had clients who would rather do the prison time instead of the probation.
@dadoftwingirls No offense, but I’m not upset that a convicted sex offender’s life is not easy. Actions have consequences and sometimes uncomfortable ones. Maybe if people had a clear picture of what punishments were possible , they’d think a little more before breaking the law.
I think it’s just a case of the general public not totally understanding how the system works and what avenues are available to judges when weighing the punishment and return to society which is what the judicial system is about. I don’t walk in those shoes but have spent hours listening to BFFs vent over dinner and drinks about media perceptions, criminal’s perceptions, victim’s perceptions. I would never presume to tell an engineer or a physician how to do their job but in this recent environment it seems like John Q Public thinks they know better than people who do this for a living.
@momofthreeboys You might never tell a physician or an engineer how to do his job, but there are plenty out there that do.
@carolinamom2boys: Actually, most people breaking the law don’t think about the consequences much. They’re convinced either that what they’re doing isn’t wrong or that they won’t get caught. Making the punishments more draconian is only really useful for the campaigns of law and order politicians.
Why does this keep happening??
^^Rhetorical question actually. More just a statement of frustration.
@momofthreeboys, there are plenty of attorneys and law professors who disagree with these sentences.
But the sentences are in line with the recommendations from the probation departments, who are the experts on what is the best after considering other crimes in the state, the facilities and programs available in each facility (jail, prison, in home restrictions, probation), and the law. The law in both the California case and the Boulder case not only allowed these sentences but allowed even more lenient ones, with no jail time at all.
Yes, in both cases the recommendation was probation and in both cases the judges judgements included jail time. I am not so sure that lawyers and judges feel the guidelines are too lenient, but if that is true then state legislatures would need to pass regulations around the sentencing guidelines. I would imagine most lawyers and judges prefer latitude in sentencing since every case and every set of circumstances is unique. Elected legislators may feel differently because their actions are usually motivated by the media and their perception of their constituency.