The decision to convert her sentence was made by Baca without the consultation of either the presiding judge or the prosecuting city attorney. Further complicating the matter is the initial ruling in which the judge specifically said Hilton would not be allowed to use house arrest in lieu of jail. However, Superior Court spokesman Allan Parachini did acknowledge this is normally the purview of the sheriff, saying, "Early release decisions are the province of the sheriff every day due to jail overcrowding, but not always".