Sheriff blames new bail law for overcrowded jail

The Pinellas County Jail has lacked beds for hundreds of inmates in recent months after new legislation made it harder to release low-level offenders before trial.

Sheriff Bob Gualtieri said he hasn’t seen such overcrowding in at least a decade. The jail can hold up to 3,000 incarcerated people; the population reached 3,300 last month.

That meant 300 inmates lacked steel bunk beds and slept “on the floor” on temporary plastic cots. While Gualtieri favors the bond uniformity brought by House Bill 1627, enacted in January, he believes tweaks are necessary to address overcrowding issues.

“We got to a point several weeks ago where we were going up and up and up,” Gualtieri said. “It’s coming down now.”

HB 1627 tasked the Florida Supreme Court with creating a statewide bond schedule. Circuit Courts in 20 districts previously held that role.

Gualtieri said bail issuances were “all over the place,” with some courts offering significantly lower bonds for the same crime. However, jails are increasingly full of people incarcerated for weeks or months while they await trial for minor offenses.

“A lot of the lower bonds no longer exist,” Gualtieri said. “People who otherwise were getting out aren’t getting out anymore.”

Pinellas County Sheriff Bob Gualtieri.

Before the new law, jail officials could evaluate low-level offenders. With a judge’s approval, those not deemed a threat to the community were released on recognizance (ROR) with a promise to appear in court.

Under the Supreme Court’s guidance, judges now have sole discretion over who the jail releases before trial – and at what cost. High bonds disproportionately affect low-income inmates.

Gualtieri supports the new law, designed to ensure those who commit more serious offenses face the same bonds throughout Florida. He is now working with the legal community to mitigate unintended consequences.

“Those people who have been charged with criminal mischief, vandalism, disorderly conduct, retail theft … those are minor crimes,” Gualtieri explained. “Those people need to get out to make room for the people who are now impacted by the law and probably should be there until they can post some sort of bond.”

Gualtieri also wants the courts to periodically reevaluate more serious offenders who cannot afford to post bail. He noted that his agency has a “very robust” supervised release program.

While the ROR initiative only required a signature, those on supervised release must report to law enforcement weekly. There is often an electronic monitoring component.

Gualtieri said roughly 1,400 Pinellas County residents participated in the supervised and unsupervised release programs. Many of those people now occupy critical space in the jail.

Cramped quarters can cause hostilities among inmates. Those sleeping on temporary plastic cots in walkways must squeeze into a cell meant for two during lock-down protocols.

“When they’re crammed in there like that, sure, it’s going to cause a few unfriendly situations,” Gualtieri said. “But we’re fine. We haven’t had any major incidents.

“We’re down deputies, and that’s another problem.”

Gualtieri said hiring additional staff is not an option. His agency, and many others, have struggled to increase its workforce since living costs began soaring during the pandemic.

The Sherrif’s Office has increased salaries and offers hiring bonuses to remain competitive. However, Gualtieri believes stakeholders can mitigate the inmate population problem by releasing people with time served, lower bonds and “alternatives, where it’s appropriate.”

“I think if we can get it down by a couple hundred, it will be manageable,” he added. “The number of people coming into the system and the number of arrests is not changing.”

Gualtieri doesn’t believe the area’s growth is a factor. Arrest rates have remained consistent over the past several years.

However, the number of people receiving ROR is down 74%, and the wait time for those who do is up 30%. “They’re not getting out at all at first, and then … they’re sitting longer in jail,” Gualtieri said.

There is no discussion of expanding the facility. Gualtieri said that would require a nearly decade-long process and, most importantly, is unnecessary.

“I really think we can manage the problem we have,” he said. “And as long as we manage it, we’ll be fine.”