A judge waiting to deliver a sentence to 47-year-old Joseph Patrick Allen until she reviews the laws concerning conditional sentencing.
Allen pleaded guilty to two counts of sexually assaulting an inmate while working as a guard at the jail on Old Black River Road and in City Lockup, but maintains the acts were consensual.
The prosecution argues Allen cannot receive a conditional sentence because he was in a position of authority and because of the serious nature of the crime.
The defense says Allen should receive therapy for sexual addiction and cannot be treated while behind bars.
Sentencing will be held on June 15th.