Norman council postpones jail option for public drunks

BY JAMES S. TYREE Comments 2
Published: October 29, 2009

NORMAN — A public intoxication conviction in Norman will continue to carry no jail sentences, at least for now.

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The council decided to postpone any decision on adding the jail option until a committee examines the entire public intoxication ordinance and checks into the feasibility of a detox center.

The city council voted Tuesday night to postpone its decision to amend a city ordinance that would add the option of up to 10 days in jail for a public intoxication conviction.

A conviction currently carries a fine of $50 to $500, and that wouldn’t change with the proposed amendment.

"We have no assurance that jail for public intoxication is only for egregious cases, and it won’t deter people who have a serious problem,” Councilman Hal Ezzell said just before the vote to postpone. "We need to take more time to look at this.”

Assistant City Attorney Rebecca Frazier told the council that the municipal judge requested the jail option to help people who cannot afford fines and those who must spend a weekend in jail, and to give the sentence greater bite for repeat offenders.

She said municipal courts that are not large enough to be courts of record can give sentences of up to 60 days in jail and fines up to $800 for alcohol-related violations.

Frazier said the Norman Municipal Court heard 706 public intoxication cases in the 2008-09 fiscal year and that jail time — outside of the mandatory four-hours to sober up — would rarely be an issue.

In more than 90 percent of cases, the person is ordered to pay $264 for the fine and court costs and is given a six-month deferred sentence. If the person has no new charges in those six months, the charge is dropped.

Frazier said the jail option would be fair for two types of cases: people who cannot afford bail and those who must spend the weekend in jail before they can appear before a judge.

Frazier said the judge can sentence the person to time served and all parties can consider it settled.

Additional jail time also could be given to a small percentage of repeat offenders. Frazier said during the past five years, one person had 37 violations and another had 27.

"Fines have been ineffective for this small group of cases,” she said.

But several others said the jail option won’t help and could do more harm.

Cliff Chiles, a restaurant owner and bartender for 27 years, said bar workers often convince people not to drink and drive, but fear of going to jail for waiting outside for a cab or walking home drunk could prompt some to take a chance on driving drunk.

Three council members — Ezzell, Carol Dillingham and Rachel Butler — asked why Norman doesn’t have a detox center and said it would be a better option.