Experts, community leaders weigh in on Fulton County Jail's new misdemeanor policy

A new policy from the Fulton County Sheriff's Office may have an impact on overcrowding issues at the county jail.

On Tuesday night, the sheriff's office announced the Fulton County Jail would not accept misdemeanor arrests, with some exceptions, beginning on July 1.

The sheriff's office says cases involving domestic violence, sexual assault, or aggravated misdemeanor circumstances will still be booked into the jail.

This comes after the Fulton County Commission recently passed a resolution asking Fulton County Sheriff Pat Labat to consider limiting misdemeanor bookings at the jail.

"These are low-level misdemeanors, and if we can keep them out of our jail, that certainly depresses the number of people in our jail, which is from time to time overcrowded," Fulton County Commission Chairman Robb Pitts said.

The resolution from the county lists certain misdemeanors, including marijuana possession, public drunkenness, and criminal trespassing.

Pitts told CBS Atlanta that anywhere from 200 to 300 people could be in the Fulton County Jail at any time on those types of misdemeanor charges.

It also gives officers discretion if they feel someone should be booked into the jail.

"If it works, and I think it will, we may be able to keep this in place going forward, which will help us  in all of our efforts to reduce the overcrowding in our jail," Pitts said.

"This is one of the first times in recent memory that I can think of that the sheriff is actually taking some of the advice that community advocates have been asking for, for a long time," said Devin Franklin. He worked as a Fulton County public defender for 12 years. Now, he's the senior movement policy counsel at the Southern Center for Human Rights.

Franklin said the sheriff's move to not accept certain misdemeanor bookings into the Fulton County Jail is a good first step.

"I think this is also a chance for us to kind of open the door into you know other efforts that can be used to stabilize the population at the Fulton County Jail," Franklin said.

In a release sent out by the sheriff's office on Tuesday, the agency said Labat requested a legal opinion from the Fulton County Attorney regarding misdemeanor intakes at the jail in the midst of overcrowding concerns and deteriorating conditions.

The sheriff's office said that the opinion came back on May 13, and Labat continued discussions with police chiefs, other law enforcement partners, mayors, and Fulton County justice partners to understand the impact on daily operations and the impact on the community.

"I think it's a great idea for the sheriff to limit misdemeanors that come into the jail," said criminal defense attorney Bryan Howard. "You're entitled to a bond anyways on these misdemeanors, so it's more efficient not to take them into the jail and have to process them and use staff for those purposes."

In a statement, Labat said, "As the Sheriff, it is my responsibility to implement a pathway forward that aligns with what is best for our residents, community public safety, and the consent decree."

The sheriff's office says from now until the end of June, they'll meet with its justice partners and hold a town hall to educate citizens on how this will impact the community.