Thats not what the Braisa says. Not how I understand Rashi. The way I understand the opinion of R’ Yosi (see Rashi) is that all rotzchim go to ir miklat. Beis Din then brings him from there to court. The one who is chayev (misa) is given to the goel hadam and is killed. The one who is pattur is sent home (the drasha on vihitzilu haeda) and one who is chayev galus is sent back. That is a far cry from, someone who cant be convicted in beis din the family has free reign.
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