State inmates on passes get parties, drugs

A sex offender got a free ride from jail to his Mississippi Delta home for a 30-minute "anniversary party." The deputy waited in the living room.

Two weeks later, on April 24, a Quitman County deputy gave 33-year-old inmate Jason Rush another free ride to his home in Vance, this time for his "birthday party."

Tipped off about the visit, investigators for the Corrections Investigation Division caught Rush — convicted of one count of fondling a child under age 16 and two counts of aggravated assault — at his home.

But when investigators asked deputies at the jail where Rush was, they were told he was out with a deputy changing a tire. A deputy then telephoned Rush on his cell phone, which rang while investigators were questioning him.

Cell phones are considered contraband and can result in an inmate spending up to five extra years behind bars.

Corrections Commissioner Marshall Fisher shared the details of these incidents in describing what he called the problem of sheriffs giving unauthorized passes to state inmates.

"This is a public safety issue," Fisher said. "It's disappointing that the staff told investigators the guy was changing a tire when he was at a 'party.' That's wrong."

Quitman County Sheriff Oliver Parker would not comment Friday on the matter, which corrections officials say remains under investigation.

It's not the first time that a sheriff has given an unauthorized pass to a state inmate.

In October 2013, the sheriff's office gave a pass to William Whitaker, an inmate at the Alcorn County Regional Correctional Facility who had been convicted of robbery, burglary and aggravated assault.

Although passes cannot be given to any inmate convicted of a crime of violence, Whitaker died of a drug overdose on Oct. 26, 2013, at his home.

In a Nov. 7, 2013, letter, then-Corrections Commissioner Chris Epps criticized Sheriff Charles Rinehart for releasing Whitaker and five other inmates on passes.

"The Alcorn County Regional Facility Management has indicated that although they were aware that these passes were not in accordance with MDOC procedures, they were directed to do so by you in your capacity as sheriff of Alcorn County," Epps wrote. "Your actions blatantly circumvent MDOC Policy and Procedure. The actions exhibited by you and your staff have jeopardized public safety for the citizens of Alcorn County as well as the state of Mississippi."

Three other inmates released from the jail had been convicted of armed robbery. Another inmate had been convicted of manslaughter. A final inmate had been convicted of selling drugs.

Less than two months later, Epps agreed to let inmates return there because he said Alcorn County "contracted with an experienced prison management company," Mississippi Correctional Management, headed by former state lawmaker Irb Benjamin.

The Clarion-Ledger requested Department of Corrections records, which detailed other cases:

In 2006, an inmate, who was the jail administrator's brother in Calhoun County, returned from his pass drunk and fled in a stolen patrol car, wrecked that car, stole a truck and wrecked it, too, before being captured. The investigation concluded that other passes should not have been given as well.

In 2008, an inmate in Alcorn County escaped in a deputy's private vehicle that the deputy had left for inmates to repair. The investigation concluded it was the third such vehicle that inmates repaired. "There were also admissions by other inmates indicating they consumed alcohol and narcotics during their work day."

In 2008, investigators confirmed the misuse of inmate labor and an inmate being allowed out of jail in Tippah County.

In 2010, investigators found that a work crew supervisor provided narcotics to inmates he supervised. He was fired after testing positive for THC.

In 2010, an inmate at the Choctaw County Jail was arrested for possessing meth and $17,000 in cash.

That same year, an inmate was discovered to be living with the Webster County sheriff and using the sheriff's cell phone.

"During the investigation, the sheriff initially refused to return the inmate to MDOC custody and stated to one investigator that he almost drove away with the inmate in order to hide him," according to records. "When the offender was transferred into MDOC custody, from the sheriff's marked unit, a pistol was discovered on the seat next to the unrestrained inmate."

According to records, the sheriff believed "the inmate's life was in danger and felt only he could protect him."

Investigators compared conditions they found at the Joint County State Work Program at Pontotoc County Jail, where an escape took place, to a "deer camp, with a communal kitchen, free-world clothing, a big screen television with a communal viewing area, access to a propane fryer, individual small refrigerators and access to alcohol and other controlled substances. During a search of the facility, several free-world pocket knives were discovered."

In his letter this week notifying sheriffs about transferring state inmates from the Joint State County Work Programs to the state-run Community Work Centers on Aug. 1, Fisher cited protecting public safety.

He acknowledged to The Clarion-Ledger that Community Work Centers have had problems, too, such as escapes.

Copiah County Harold Jones said by the time he became sheriff in 2004, he decided against the Joint State County Work Program.

A state inmate who cleaned offices at the sheriff's office was let out on a 72-hour pass. "He was supposed to stay in the county, but he went all the way to Pelahatchie, got in a knife fight and stabbed a guy," Jones said.

That convinced him to stop the program. "Sheriffs can be sued by so many angles."

Contact Jerry Mitchell at jmitchell@jackson.gannett.com or (601) 961-7064. Follow @jmitchellnews on Twitter.