August 21, 2007 Section: Front Page: 01A   Selepak sparked lockup spree State spent $30 million, packed prisons after killer was paroled in error.     By Ronald J. Hansen   The lockup binge in Michigan's prisons that followed Patrick Selepak's murderous rampage has cost the Michigan Department of Corrections about $30 million and helped spur a wave of paroles to make room for new inmates, records show.

The Department of Corrections finished last year with nearly 1,300 inmates more than officials anticipated, and the number of felons sent to prison each month remains higher than before Selepak's February 2006 killing spree. Russ Marlan, a spokesman for Corrections, says the prisoner bulge is "almost a direct link to Patrick Selepak." "Prior to Selepak, we were keeping our prison growth under control," he said. "Our research folks say at that point there was a major shift." Selepak, 28, gained infamy last year when the Macomb County man was mistakenly sent back on parole and murdered three people. He is serving multiple life sentences for those crimes. While Corrections investigated that case and faced public outrage at the deadly mistake, more felons were being sent to prison, especially in the first three months afterward. The state's prison system is now emerging from the resulting budget and bed space pressures in part by locking up fewer parolees who have relatively minor violations and by looking to parole more prisoners, records show. It is an approach that has police and prosecutors worried that a rush to clear prison space could create more crime, especially in Detroit. "What's driving this debate is dollars, but it should be public safety," said David Gorcyca, Oakland County's prosecutor and recently the president of the Prosecuting Attorneys Association of Michigan. It was only in July that Corrections housed the number of prisoners officials had anticipated before the Selepak case first sent shockwaves across Michigan. In 2006, Michigan's prisons set a record for new inmates, sending 850 more than in 2005. While nearly all types of sentences went up, prison terms of a year or less rose fastest, at 23 percent, records show. Also, parole revocations last year rose 11 percent. Mary Beth Kelly, chief judge of Wayne Circuit Court, said the incarceration rate in Wayne rose in 2006 and has remained higher than 2005 levels. She suspects the shift is due to a spike in more serious crime in Detroit and more firearms convictions that require two-year prison terms. "We are seeing more capital crimes in Wayne County," she said. "That's going to result in more prison sentences by itself." Like others, Kelly thinks the state's sentencing guidelines have left little room for judges to steer dramatically more convicts to prison. Whatever the source, the new prisoners helped push the state's prison population to record levels. Making matters worse, the Selepak case happened as the state's finances further deteriorated. Now, the prison agency is trying to cut its budget $92 million for next year. In an effort to do so, Corrections has funneled more prisoners toward parole. Marlan has said the agency is putting more parolees into a more intensive release program that appears to keep more of them out of trouble with the law. Historically, about half of all parolees wind up back in jail or prison. The Selepak case has buffeted Corrections almost continuously since it began. In the 14 months before the Selepak rampage, Corrections took in 66 more prisoners per month than it released, records show. Marlan said the rising population was considered manageable at the time because the overall prison population fell slightly in 2003 and 2004. In the first three months after Selepak's crimes -- March through May 2006 -- the prison population grew by 280 prisoners a month . Parole approval rates also reflected a tightening after the Selepak case. In the 14 months before Selepak's spree, the parole board granted parole in 54.4 percent of the cases it considered. In the first three months after, the approval rate dipped to 47.5 percent. In the 14 months since that period, the approval rate climbed back to 54.2 percent, records show. Those who violated their parole were sent back to prison more often in the immediate aftermath of the Selepak case, a practice that has lingered. Records show Corrections averaged 155 parolees sent back to prison for new sentences in the 14 months before Selepak. For three months, the agency averaged 189 parolees sent back to prison. In the past 14 months, it has averaged 163. Technical parole violators, those who violate their release but are not permanently sent back to prison, also saw an immediate change. In 14 months prior to Selepak, Corrections averaged 238 technical violators sent back to prison for relatively brief periods. In the first three months after Selepak, the agency averaged 319 violators, a 34 percent increase. In the past 14 months, Corrections has returned 216 technical violators monthly, a 9 percent drop from the pre-Selepak figures. John Hallacy, the Calhoun County prosecutor and a former member of the state's parole board, said he understands the pressures prison officials face. "Parole is never a perfect science. I always wondered when they were going to send me my crystal ball," he said. Still, "the bottom line is not how much money did you spend? The ultimate question is how safe are we?

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