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- <text id=90TT0561>
- <title>
- Mar. 05, 1990: The Sheriff Strikes Back
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1990
- Mar. 05, 1990 Gossip
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- NATION, Page 18
- The Sheriff Strikes Back
- </hdr>
- <body>
- <p>Instead of freeing dangerous prisoners to ease overcrowding, a
- Massachusetts lawman seizes a National Guard armory
- </p>
- <p>By Robert Ajemian
- </p>
- <p> It was an act that brought a flush of pride to beleaguered
- lawmen across the country. In western Massachusetts, Michael
- Ashe, for 15 years sheriff of Hampden County, decided to
- challenge at last a prison system that had failed him. His
- overcrowded county jail, built in 1887 to hold 279 prisoners,
- bulged with 450. Frustrated judges in Springfield, Mass., were
- forced to stay sentences for convicted criminals because there
- was simply no place to lock them up. A new phrase cropped up
- for the judicial impasse: convicted without correctional space.
- Last month 30 offenders walked free from Springfield
- courtrooms after being convicted of such serious crimes as drug
- possession and assault.
- </p>
- <p> Last week Sheriff Ashe, an unassuming, gravel-voiced man
- with a reputation for using common sense, decided to strike
- back. If authorities were too immobilized to find more space
- for inmates, Ashe would do so himself. The sheriff had a place
- in mind: the huge Springfield Armory, six miles from the county
- lockup. It was, after all, an institution that stood for public
- peace.
- </p>
- <p> With a posse of 17 armed deputies huddled inside a prison
- paddy wagon, Ashe pulled up at the front door of the armory.
- While the deputies sealed the exits, Ashe strode inside to
- claim the building from astonished National Guardsmen. "As of
- this moment," he declared to the military commanders on duty,
- "I'm seizing this building as a temporary correctional
- facility. We want to coexist with you here." His authority, Ashe
- explained, was the eminent power of a sheriff to maintain
- peace and order, now to his mind dangerously threatened. Meekly
- the military officers surrendered. One of them telephoned the
- state attorney general. "The sheriff is here in force," he
- reported.
- </p>
- <p> Swiftly, Ashe commandeered one corner of the armory's huge
- drill hall. Jeeps and trucks were moved outside. Ten
- double-deck steel beds were erected on the concrete floor. Two
- television sets and a Ping-Pong table were set up. Guards were
- stationed around the clock. The cafeteria would be used for
- meals as well as receiving prison visitors. Now, his coup
- complete, Ashe transferred 15 minimum-security prisoners from
- Hampden jail. In one lightning raid, Ashe did something to
- reverse the system's paralysis. Law-enforcement officials
- cheered. Who knew what radical strategies might erupt
- elsewhere?
- </p>
- <p> While Ashe's bold stroke promised only a temporary respite,
- some equally aggressive national action is needed to cope with
- the constantly increasing flow of new inmates. Since 1975, U.S.
- prisons have witnessed their greatest population explosion
- ever. Roughly 1 million offernders are incarcerated in jails
- and penitentiaries. The boom is fueled by tough
- mandatory-sentencing laws passed by 46 states and the Federal
- Government. But with more offenders now going to prison,
- facilities in 37 states are so overstuffed that judges have put
- a lid on the numbers that can be housed in existing lockups.
- Fourteen states have laws regulating which prisoners qualify
- for early release to make room for new arrivals.
- </p>
- <p> The red brick Hampden jail is a microcosm of the nation's
- correctional crisis. Constructed when Grover Cleveland was
- President, it handles offenders with sentences of up to 30
- months, many of them for violent crimes. For years
- Massachusetts prisons have been among the most overcrowded in
- the country, recently housing 15,000 inmates in space built for
- 10,000. New facilities lag far behind demand. In 1989 alone,
- the number of Massachusetts inmates increased by 820. Simply to
- stay even, the state would have to construct a new large
- facility every year, an impossible objective. Since 1983
- Massachusetts has committed $1 billion to new prison
- construction.
- </p>
- <p> Furthermore, new jails stir vast public resentment.
- "Everyone wants more prisons," says Ashe, "but always somewhere
- else." Four years ago, Massachusetts sited a new prison near
- the village of New Braintree (pop. 900). Townspeople rose up
- vehemently against the plan, but Governor Michael Dukakis stuck
- to his guns.
- </p>
- <p> In Hampden County distraught officials decided in 1988 to
- adopt emergency release practices. Jailers like Michael Ashe
- were not enthusiastic. Criminals' walking free so early, Ashe
- believed, undermined prison management. "This is not the Vienna
- Choir Boys," he often complained to judges. Highly regarded for
- his frank and even manner, Ashe is a former social worker who
- has instituted reforms such as drug programs and data reporting
- at Hampden. Inside the prison, early release was mockingly
- referred to as "unearned good time," as opposed to the
- traditional time off earned for good behavior. Street criminals
- figured that the odds had shifted their way. Prison authorities
- strove to deny release for high-risk offenders, such as rapists
- and drug traffickers. Says Ashe: "We tried to cope with a
- distorted process."
- </p>
- <p> As the number of inmates continued to grow, Ashe and his
- staff struggled to balance the flow of new arrivals and early
- releases. But by the end of 1989, balancing the count had
- become a daily terror. "A lot of mornings," says Ashe, "we'd
- let one out and take one in."
- </p>
- <p> Finally, in the middle of February, the juggling act between
- judges and jail collapsed. Having run out of prisoners who
- qualified for early release, Ashe refused admission to a man
- found guilty of gun theft. The angry district judge retaliated
- by detaining two of Ashe's deputies. Though a space for the
- prisoner later opened up in the county jail, Ashe told himself
- he had to stand up. Whether state courts will uphold his coup
- remains to be seen. But for the moment, Ashe had seized the
- better option available: take over the armory, instead of
- watching even more dangerous criminals go free.
- </p>
-
- </body>
- </article>
- </text>
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