Sometimes, jails reject convicts for poor health

Sonu Munshi -
Dec. 12, 2010 12:00 AM
The Arizona Republic

When Glendale resident Robert Ortis was convicted of drunken driving in 2008, he thought he would serve his sentence and move on.

Nearly three years and six tries later, Ortis is still trying to land in a Maricopa County jail. Between uncontrollable high blood pressure and a rare ear disease that has left him practically deaf, authorities have been unwilling to book him.

The Ortis case, while extreme, is not isolated.

So far this year, nearly 16,000 offenders have successfully surrendered to serve jail time in Maricopa County.

But not everyone makes the cut. There were 1,453 instances of rejection in that same period, a majority for medical reasons. The issue causes headaches for city courts, which must come up with ways for offenders to carry out their sentences.

In Peoria, where Ortis was sentenced, city officials are looking at home detention as an alternative to incarceration in certain situations.

Peoria City Attorney Steve Kemp said home detention with tracking devices could provide "greater accountability over defendants' whereabouts" than happens when they are turned away from jail.

Jail rejections can happen for less-serious offenses, in which those convicted of crimes are not dragged away in handcuffs.

Rather, offenders get a date to surrender. On the court-approved date, they show up at Lower Buckeye Jail to serve their time.

Aaron Carreon-Ainsa, Phoenix's top prosecutor, said in his early days as an attorney, he was surprised when the judge would ask those convicted of such charges as DUI when they would want to be booked into jail.

Carreon-Ainsa said he doesn't see jail rejection as a big problem in Phoenix. In most cases around the county, it is not. When it does surface, it's most commonly for medical reasons. Other causes for rejection include incomplete paperwork, showing up late or failing to have a government-issued photo ID.

Lt. Brian Lee, spokesman for the Maricopa County Sheriff's Office, said incomplete paperwork is a tough issue to resolve during weekends and late nights, when the courts are closed.

"Our intake staff can't guess what the (court) order might mean," he said.

When it comes to medical conditions, Lee said, the Sheriff's Office has the ability to "make reasonable accommodations."

Those turned away after medical evaluations are "rare instances where people had skyrocketing blood pressure or someone detoxing off of alcohol or drugs," he said.

County medical staff determines "whether a person is not physically worthy of jail, because once in, they become our liability," Lee said.

More-serious criminals are incarcerated despite medical conditions.

In Peoria, nearly half of 37 jail rejections from 2009 to 2010 were for medical causes.

Kemp said home detention could alleviate the problem. Home detention would allow a person to address the medical issue in the confines of their own home, he said.

Peoria could also use home detention in non-medical cases, such as shoplifting convictions.

Several Valley cities, including Phoenix, Glendale, Surprise, Goodyear and, most recently, Scottsdale, are using home detention as an alternative to incarceration for certain misdemeanors.

Scottsdale Court Administrator Janet Cornell said home detention can be a tool when jail authorities reject individuals for medical reasons. She said the court handles each rejection on a case-by-case basis.

The Peoria City Council in January is expected to decide whether to allow home detention.

Even that won't help the "unusually tough" case of Ortis, Kemp said.

DUI conviction carries a mandatory jail sentence before home detention can be considered, he said.

In 2007, Ortis, 41, had an appetizer and "two stiff drinks" at lunch with a business client at a Peoria bar. Afterward, on Loop 101 headed to his nephew's house, Ortis said he realized something was seriously wrong when he felt weak and his face turned beet red. His blood pressure was skyrocketing.

He took the nearest exit but fainted over the steering wheel. The next thing he knew, he was in an ambulance. Paramedics smelled alcohol on his breath and informed police.

Ortis said he didn't hurt anyone, has learned from his mistake and wants to serve the sentence and be done with this part of his life. But severe medical complications since the accident have compounded the issue.

Just last month, Ortis made one more attempt to surrender, only to be rejected.

"I asked for home detention or community work or any other option," he said.

Ortis is hopeful that if Peoria implements a home-detention program, there might be some way to make it work for him.

"I'm just getting tired of getting chucked around," Ortis said.

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