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Suspects will spend night in jail

Arraignments wait until next morning

Thanks in part to an amended state law, some people arrested overnight will spend a little time in the Butler County Prison before they're arraigned.

Butler County Court is changing the method for scheduling arraignments when district judges' offices are closed between 4:30 p.m. and 8:30 a.m.

Under the new system, on-call district judges will not conduct arraignments, with some exceptions, between 11 p.m. and 8 a.m.

Starting with a 90-day trial period, suspects arrested overnight for certain alleged offenses will sit in the prison until 8 a.m., when the on-call judge will conduct video arraignments. On-call judges currently hear every arraignment between 4:30 p.m. and 8:30 a.m.

Tom Holman, deputy court administrator, said the court opted for a different on-call schedule after the updated law took effect in October following the use of a larger prison earlier in the year.

Holman said the provision — titled Law enforcement use of county correctional institutions — was updated.

He said 54 people were arraigned overnight between October and December.

The county prison board Tuesday endorsed the plan, which was approved by President Judge Thomas Doerr.

"We'll give it a whirl," said county Commissioner Jim Lokhaiser.

Holman said after the meeting the new system might start later this month.

The change would occur on a Wednesday, when an on-call judge rotation occurs for a new seven-day period.

Saxonburg District Judge Sue Haggerty said during the meeting there still will be cases in which action must be taken overnight, such as issuing protection from abuse orders and search warrants.

Butler District Judge Pete Shaffer said other exceptions would be more serious offenses, such as murder.

Ten other counties in the state, including Beaver and Lawrence, use the same method but with varying hours.

"It's something that's worked very well in other counties," Haggerty said. "We have not heard of any problems anywhere."

She said the change in policy frees up state and municipal police so they don't have to hold onto those arrested until an arraignment can be held.

"The police end up being baby sitters," Haggerty said.

She pointed out only Butler police, out of all the departments with holding cells, has cameras.

Sheriff Mike Slupe said law enforcement agencies in the county unanimously support the change.

He said an officer tied up longer with a suspect is kept off patrol longer.

"All (police) departments are affected," Slupe said.

Before an officer leaves a suspect at the prison to await an arraignment, the complete criminal complaint must be left with prison staff.

Warden Rich Gigliotti said later those awaiting arraignments will be kept in the prison's processing unit, where there are four cells that can house one person each and four group holding cells with benches.

Gigliotti said the practice of holding people without arraignments was abandoned after several incidents roughly 20 years ago that were liability issues.

He said there were cases of health problems and injuries that resulted in lawsuits against the county.

"In my opinion, it was used as a drunk tank," Gigliotti said about misapplication of the law back then.

County Judge William Shaffer, who is a prison board member, confirmed there would be no liability issue under the current wording of the law.

Gigliotti said without a liability issue, the plan should work.

"They're not supposed to be jailers," he said about police.

Gigliotti expects a slight increase in the inmate population, which was 261 as of Tuesday, as a result of the change.

He said there would be no impact to staffing.

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