The State of the Vigo County Jail; A Case Study of the Vigo County Jail Overcrowding Issues 1992 to 2004
By James Steward
Crime Network Analyst
Any and all comments are those of the author Key word search was completed using the internet site;http://www.tribstar.com/archives/
The following report contains only key talking points from local news articles followed by the author. Note these are all summaries of jail related events for that year. The talking points were selected by reviewing news articles found in
Terre Haute's local newspaper the “Tribune Star” a report was created detailing the progress made to build the current Vigo County Jail. A search from 1992 to November 2004 of online “Tribune Star” news achieves using the words “Jail Overcrowding” was conducted. The search results produced 144 news articles from October 1992 to July 2004; however, only 80 articles were relevant to the Vigo County Jail Overcrowding issue. The same key word search was conducted for jail overcrowding articles during the time frame of May 2004 to November 2004 using the online news achieves search engine located on WTWO & WTHI news station website. Three relevant articles were found, two from WTWO and one from WTHI.
A review of the news articles found;
1. No attempts were made by County leaders to conduct a future inmate population projection study prior to building the new jail.
2. No local officials reviewed or conducted a nationwide or local jail / prison / arrest trend analysis prior to building the new jail.
3. There was no effort by local officials to combine new jail funding together with other jail diversion programs.
4. Some local officials lobbied for a labor effective new jail design to utilize fewer County jailers, but in the end, they received no support from other County leaders for the project.
5. The Tribune Star lacked journalistic ethics when reporting about jail population. The Star unintentionally but consistently printed misleading facts and figures on jail inmate population and inmate demographics. This was due in part by local officials providing the media with “fuzzy” information. The media should have made some attempts to investigate the authenticity of any information released to them by County officials or stated in their reports the information could not be verified.
6. A local tax-payer organization and the Indiana Civil Liberties Union influenced and pressured the
County Commissioners and County Council members into selecting a current jail based on low building cost and not long term functionality for increased inmate population capacity.
At the end of each yearly news article review, is the authors yearly jail summary. Also at the end of each yearly review is a “BOTTOM LINE” estimate of the average daily inmate jail capacity along with the maximum inmate count for one day of that same year based on Tribune Star Reports. At the end of this report is a line graph illustrating average daily inmate counts for the year.
1992
In 1992, Indiana Department of Corrections statistics indicate 80 percent of the inmates in state prisons are incarcerated for offenses linked to alcohol or drug abuse. Also at this time
Indiana prisons are currently 150% over capacity. These interesting facts will come back to haunt the Vigo County Commissioners and the Vigo County Sheriff in 2004. There were three relevant Tribune Star articles about jail overcrowding in 1992. In an article about child support
, then, Superior Court Judge Michael Eldred talks about what to do with dead beat dads.
“{Elderd stated, the key to fairness, he believes, is flexibility on the part of judges. Current rules of law require a judge to explain in writing if his order for support deviates from the guidelines. The problem is the guidelines have become an excuse for a lazy judge or attorney to decide an issue. For the amounts to be realistic and fair, we have to be flexible, the usual reason non-custodial parents don't pay, is they won't pay no matter what the amount is. This results in a complex problem for the judges. You can cite them for contempt, and put them in jail, and some will find a way to pay something. But some parents are, in common vernacular, deadbeats, they’re unemployable, and you can lock them away forever and not get support. With the tremendous overcrowding in our jails, we must face the issue, do we release someone charged with a felony to make room for an irresponsible parent?}”
In a story about a five-time drunk driver
, Judge William McClain Jr. talked about Vigo
County Jail holding polices for drunk drivers. Mc Clain said,
“Even if a drunken driver has a lengthy record, it is common practice to lower bail or releases a defendant if he agrees to seek treatment for substance abuse. The defendant must return to court to face the criminal charges after treatment. McClain said other factors involved in decisions on bail include defendant's employment and jail overcrowding. The main purpose of bail is to assure a defendant's presence in court.
In 1992 the Governor's Council on Impaired and Dangerous Driving is urging the Indiana General Assembly to lower the minimum blood-alcohol level for drunken driving to 0.08 from 0.10
1992 Summary
Although none of the articles talked directly about the Vigo County Jail (VCJ), many of the outside issues will begin to impact the VCJ in the near future. The importance of the1992 articles are that
Indiana’s county jail system reflects
Indiana’s state prison system about 3 to 4 years later and
Indiana’s state prison system reflects the Federal prison system within 1 to 2 years later. So, if State prisons are overcrowded in 1992 the county will be overcrowded in three to four years, if not later. The belief that 80% of all people sitting in state prisons are there due to offenses linked to alcohol and drugs seem exaggerated and extremely high. Moreover, people who are arrested for alcohol related offenses that are on the
Indiana code books make up between 25% to 40% of the “book-ins” in
Indiana County jails. All drug offense arrest “book-ins” make up between 8% to 15%. At best, 55% of the inmates “booked-in” county jail or prison are there due to alcohol and drug related charges. These “fuzzy” statements about drug offenders will be made by local
Terre Haute officials in the future and the media will embrace this as truth. Other issues impacting the VCJ in 1992 is the lowering of the blood-alcohol level for drunk drivers from .10 to .08. Drug screen policy (drug testing) goes into effect in 1992 for all people on probation. A good suggestion to ease overcrowding in the jail is made by Judge William McClain Jr, he currently looks at employment records of offenders appearing before him at court. The judge bases his decision to release in part by employment. A possible employment and local residency check-list/index might be made to evaluate offenders for quick release.
THE BOTTOM LINE
The VCJ has a capacity to hold 130 inmates. In 1992 the VCJ is operating at 103% (134) capacity but has gone as high as 120% (156).
1993
In a June article about the punishment fitting the crime
a
Terre Haute man works for a local attorney as a sentencing consultant. 49-year-old James Walker works for attorneys as a sentencing consultant. It's a part-time side job to his main job as a mental health counselor. As a sentencing consultant,
Walker seeks to get the criminal a minimal term in prison and strives for what the criminal-justice system has long sought for its offenders - rehabilitation. Defense attorneys call
Walker when they have a client who is going to plead guilty and who the attorney believes is suitable for a sentencing alternative to prison. If
Walker accepts the case, he begins the process of interviewing defendants, victims and family members and searching for the appropriate resources available to the offender. Finally, he presents his written proposal at a sentencing hearing, sometimes testifying.
“{A judge can, of course, accept or reject all or part of the proposal. It's a challenge to really come up with a specialized, individualized plan to fit the offender. Its work the defense attorneys just don't have time to do. The growing profession of sentencing consulting is a result of society's struggle to cope with its overcrowding prisons and its awareness that prisons don't really rehabilitate. Private attorneys for a long time have called in experts, clinicians, but sentencing consulting as a special discipline - someone to bring it all together - it's relatively new}”.
A story on federal prison over crowding
cites Kathleen M Hawk the new director of the Federal Bureau of Prisons, stating, the current prisoner population is aging and more women than ever are being incarcerated. Hawk states she is trying to find ways to reduce the federal inmate population. She cites the rash of minimum sentences passed by congress during the 1980’s “war on drugs”. In the same article U.S. Penitentiary at Terre Haute Warden Patrick Keohane states that 60% of federal inmates are drug offenders and half are first time offenders. Both Hawk and Keohane say the prison system may be better off if some of the minor criminals are diverted to community-based programs, like home confinement or drug treatment. The bureau may also seek expanded community- based programs and be more generous with good-time credits, which allow well-behaved inmates to earn reduced sentences.
The public information officer for the Terre Haute Penitentiary, Bill Gerth, says the Penitentiary is operating at 190% capacity.
1993 Summary
Again in 1993 the claim that many inmates are sitting in cells on drug charges is made, however, this charge of 60% is referring to federal inmates, not county inmates. Nevertheless, this seems to be more in line with alcohol and drugs than for just drugs. Also interesting is the claim that half of the 60% are re-offenders. This statement seems to hold water considering most people arrested for drug an alcohol offenses are in the addiction phase which makes it almost impossible for them to quit. Although VCJ is not mentioned directly in the articles researched, warning flags can be seen.
Terre Haute penitentiary is already at 190% capacity and if trends hold true, VCJ will face over 60% above minimum inmate capacity in the very near future. Among the suggestions to deal with jail overcrowding by officials;
• Divert minor criminals to community based corrections programs
• Use more home detention for minor criminals
• Divert drug and alcohol offenders to drug treatment programs
• Develop a full-time sentencing counselor position at the jail to evaluate offenders upon intake.
Another point made in the “1993” articles talks about the rise in women inmates. Unfortunately, the county will see this wave of women inmates hit them by 2001.
THE BOTTOM LINE
The VCJ has a capacity to hold 130 inmates. In 1993 the VCJ is operating at 105% (137) capacity but has gone as high as 122% (159).
1994
The first news article that mentions VCJ overcrowding directly is printed
. The outgoing Community Corrections Director Matthew Franklin states the jail is always overcrowded and the county needs a bigger place to house non-violent criminals who could benefit from a work-release program. The current 1994 Vigo County Sheriff James Jenkins agrees that overcrowding is a major problem, however, in contrast, Sheriff Jenkins asked
Vigo County judges to stop sentencing offenders to work release or to weekends in jail stating the jail doesn’t have room to hold people for those functions. The Sheriff also believes that only about 1/3 of the people in work release can be successful and thinks work release should be handled by a “half-way-house”.
In an October 1994 article
Sheriff Jenkins states it will take a crisis before county government takes any steps to deal with the problem of lack of space in the VCJ. Also, the Sheriff asks the Vigo County Commissioners to look into building more jail space onto the annex. Sheriff Jenkins cites current jail overcrowding is caused by three things;
• First, the number of inmates already sentenced and waiting in jail to be transferred to the Indiana Department of Corrections.
• Second, the increase in violent inmates, and more domestic battery cases.
• Third, the policy by
Vigo County judges of allowing no bail to people who are arrested felons or violent misdemeanor offenders until they first see a judge.
Lastly, Sheriff Jenkins states there is no room in the jail to separate felony from misdemeanor offenders or pre-trail from sentenced offenders. A
Vigo County defense attorney also says the jail doesn’t meet current legal standards for housing inmates. Deputy Commissioner of the Department of Corrections, Robert Ohlemiller says inmate population is up in 1994, furthermore, most large urban counties or urban rural mixture. Counties are experiencing overcrowding.
In reply to the Sheriff’s overcrowding statements, Vigo County Judge Barbra Brugnaux states
Vigo County needs a work- release program.
1994 Summary
Since1992 the VCJ has slowly increased it’s average daily jail inmate count by four percentage points and the inmate high count increased by six percentage points. Another on going red flag is heralded by Sheriff Jenkins, since 1992, there is no room in the jail to separate felony from misdemeanor offenders or pre-trail from sentenced offenders. Finally, the Sheriff fears a crisis/lawsuit will occur before a new jail will be built, he will later be proved right. To that end, should one be arrested for public intoxication on Friday night and have to stay in jail over a weekend waiting to see a judge Monday is not the worst thing that could happen. Being assigned the same jail cell with a person convicted of killing two people, with anger management issues who is awaiting transfer to the Indiana Department of Corrections Monday, could be! Clearly there are huge issues continuing to be raised that leaders and county officials need to address such as;
• A community corrections facility to house non-violent criminals as work release.
• How does the jail evaluate a criminal that would benefit from work release.
• Should the county build more jail space onto the annex.
• The lack urgency by county leaders to react to wide spread jail overcrowding in
Indiana.
*Note: Work release will be brought up by local leaders, the Sheriff and community action groups as a solution to ease
Vigo County’s jail overcrowding problem every year from 1992 to 2004.
BOTTOM LINE
The VCJ has a capacity to hold 130 inmates. In 1994 the VCJ is operating at 107% (140) capacity but has gone as high as 126% (166).
1995
The county settles a federal suit
. In October 1995,
Vigo County settled a lawsuit for $12,500 to former inmates Charles W. Hall and Kevin D. Moore for showers not meeting requirements under the federal Americans with Disabilities Act.
Vigo County paid $7,500 of that as an insurance deductible. Jail showers lacked handrails, mats to prevent slipping, shower stools and had a step to go over to enter the shower, the inmates contended in a lawsuit filed in 1993. The new Vigo County Sheriff William Harris requests $500,000.00 for the 1996 jail budget to add 21 new positions at the jail; 18 new jailers, a nurse and one secretary and the Vigo County Council denied his request. Currently there are only 18 jailers on staff, 7 work day shift, 3 escort inmates to court and medical clinics and 8 rotate nights.
1995 Summary
Not many articles on jail overcrowding are printed 1995. However, the biggest jail story of the year should have been the percentage point increase in average daily inmate count. County leaders failed to see the average daily inmate count for the year raised 13 percentage points. If the average daily count raised 13 percentage points in the stock market; your a ba-zillionaire! A thirteen point rise in the jail industry gets you a ba- zillion dollar law suite. This year’s jail numbers should have been another big red flag. In 1995 the jail was overcapacity 259 days out of the year. Due to a law suite in 1993 the jail has to settle this year with prisoners because the jail was inadequate to house certain types of people. Because of this law suite, county officials should have seen the ICLU law suite sneaking up. Cries for more jail staffing help from the Sheriff go unanswered and yet some officials think having a jail 20% over capacity is not something to be alarmed about. The truth be told, jail populations never decrease.
Lastly, another common theme from 1992 to 2004 is the noticeable lack of jail inmate population intelligence by county officials. It won’t be until March of 2002 that Sheriff Harris will be force to do daily inmates counts. From the 80 relevant jail overcrowding articles reviewed, no one except for the Sheriff knows how many people are in jail or on what offense/charge or how many are in jail booked under felony or misdemeanor or how many people are on pre-trial or sentenced status. The lack of an independent crime/jail analyst to assist the County Council and Commissioners will lead to uninformed decisions concerning the correct jail inmate capacity needed for a new jail. In the coming years, council members and local officials will be calling for paid studies to evaluate “who’s in jail.”
BOTTOM LINE
The VCJ has a capacity to hold 130 inmates. In 1995 the VCJ is operating at 120% (156) capacity but has gone as high as 130% (170+).
1996
Overcrowding and understaffing plague many prisons throughout
Indiana and the
United States, in 1998. According to John Catey, executive director of the Indiana Sheriff's Association.
“Many convicts sentenced to state prisons remain in county jails while awaiting openings on the state level, there are about 900 to 1,000 inmates backed up in county jails waiting for space in the Indiana Department of Corrections. The overcrowding problem facing county jails is a statewide problem, about 75 to 80 percent of the
Indiana county jails are to the overcrowded point.''
In
Indiana in 1994, 150,746 people were arrested - 38,756 under the age of 18, according to the FBI's ``Crime in the
United States'' report. The report, released in November 1996, shows the number of arrests in the
United States increasing 16.9 percent from 1985 to 1994. The prison populations are also increasing each year. In the
Wabash Valley,
Vigo County jail experiences more overcrowding
than other county jails. But, each county is operating with fewer jailers than the State recommends. At the end of May in 1996 the Vigo County Commissioners (VCC) are considering a jail expansion project worth 13.2 million or a jail remodeling project for about 8.47 million. Sheriff Harris says any new jail expansion would help put the county back into compliance with state rules and regulations regarding jail inmate housing. Now Mayor Jenkins (former Sheriff) and present Sheriff Harris cites two things contributing to higher inmate numbers.
• First, stiffer criminal sentencing by judges.
• Second, overcrowding at state prison facilities create a backlog of sentenced inmates awaiting transfer and limits temporary transfer of violent offenders for holding at these corrections facilities.
Sheriff Harris comments in early July of 1996 that the jail is overcrowded 100% of the time
. Again the same problem still exists since 1982, there is no room in the jail to separate felony from misdemeanor offenders or pre-trail from sentenced offenders. Again in July, Vigo County Council member Clyde Kersey suggests that the VCC and Sheriff won’t address the need for a new jail until 1997. Kersey states it’s up to Sheriff Harris to select the right jail design and the County Council to approve the funding. Also,
Vigo County needs nine additional jailers, according to two jail inspections completed in 1996 by the Department of Correction. However, the County Council doesn’t have budget money to fund nine new jailers. Also in 1996, debate sparks on alternatives to building a new jail or addition
.
The Taxpayers Association of Vigo County headed by Dolores Svendsen suggests five alternatives to reduce jail overcrowding before building a new jail.
1. She wants VCJ to hold only Vigo County Residents.
2. Suggests
Vigo County judges hold Saturday court.
3. She wants bail policies at the jail to be reviewed and changed
4. She suggests expanding
Vigo County community corrections program.
5. She wants a review and consideration of jail privatization.
In reply to Mrs. Svendsen’s requests, Vigo County Judge Dexter Bolin said “Saturday court was once tried for about a year in
Vigo County. That certainly would be something we can consider doing. I don't know if that would have a major impact on the size of the jail population, but it might have some. The county needs to analyze the jail population to find the number of people sentenced to the jail, awaiting trial and those held more than three days. By doing this it could lead to a change in a bail policy at the jail…”
County Councilman Phil Bird said; “The County should explore an expanded use of its community corrections program. I think some research needs to be done on how many prisoners are violent offenders and how many could be let out under a work release program through community corrections, if we can't find other ways to get the jail population down, we'll have to build a jail.''
County Councilman Brad Anderson said; “The County should study the jail problem, including alternatives such as privatization. We might find it more cost effective to do that.''
Another issue raised in July of 1996 is that of a inmate recreation area
. If
Vigo County doesn't add a recreation area to its jail by 1997, says Sheriff William Harris, the county might face lawsuits. State jail inspections have recommended an indoor/outdoor recreation area for the past few years, and Harris says federal law also requires a recreation area. In late July 1996,
Vigo County officials have not done enough homework to look for alternatives to building a new jail
, charges the Taxpayers Association of Vigo County.
“Other remedies and solutions need to be considered and tried instead of allowing Vigo County to react in a knee-jerk fashion by building a new county jail, one which this county can ill afford,'' said Dolores Svendsen.
The association urged commissioners to form a task force to consider alternatives to building a jail. Commissioner William Decker said a task force is already in the works. Decker said the task force, composed of a dozen members, is to meet July 31, 1996. The group includes Vigo County Council President Mark Blade, Councilman Phil Bird, Vigo County Judge Michael H. Eldred, Juvenile Magistrate R. Paulette Stagg, all three county commissioners and the Sheriff. Dolores Svendsen said, “If it boils down to needing more space, then we have not looked at what space is in the annex, we can move some offices. It is cheaper to build office space than a new jail… we can't afford bond issue after bond issue and certainly not for a new jail.''
In August 1996 a 14-member task force formed to consider building a new
Vigo County jail14, as well as alternatives to building one
. Task force member Phil Bird, a county councilman, suggested;
• Bird wants a review of the county's bail policy. (“Our problem is not that bad. We're only about 20 percent over capacity.'')
• Bird also suggested that
Vigo County put there sentenced prisoners in other counties jails such as Clay, Sullivan and Greene while their headed to state prisons.
Other notables:
“The majority of prisoners face felony charges, and many are second- or third-time offenders or probation violators” – Sheriff Harris
“There are 800 people on probation in
Vigo County in 1996. A task force / committee formed to review overcrowding
have also discussed alternatives to a new jail, such as reducing bail for nonviolent criminals and increasing work-release programs. But those programs, as well as in-home detention, are already in use, leaving county officials with few options. - Judge Michael Eldred
“I think we came to the conclusion that we have to do something in terms of construction,'' - County Councilman Mark Blade.
“I have reviewed the cases of those in jail, and most are being held for probation violations or awaiting a court appearance on a new charge, many are repeat offenders who are given chance after chance but refuse to conform their behavior. At some point, they don't get off with a low bond.'' - Judge Barbara L. Brugnaux
“We can't open the jail doors. We have a responsibility to society. Many probation violators are in jail for failing to pass a drug screen, a policy that started in the last five years. Also, drug offenders are being slapped with much stiffer penalties, putting them behind bars for much longer. There is no change of policies that judges can do that is going to solve this jail overcrowding problem, we could let a few more people go on bond, but this is a problem that everyone is facing nationwide.'' - Judge Michael Eldred
“I inspected the 130-bed Vigo County Jail several times. The jail is full because of the county's own prisoners, not just people awaiting transfer to state facilities”. - Walter B. Smith, Director of detention services for the Department of Correction.
I am worried that crowded conditions in the jail could open the county up to inmate lawsuits. Building a jail may be the way to go, there could be a class-action lawsuit against the jail which could cost millions. So it may be build a jail or just give the money to insurance companies and lawyers.'' - Phil Bird,
Vigo County Councilman
1996 Summary
This was the first full year of complete (everyday) inmate overcrowding. At this point, all county officials know the jail overcrowding issue is not going away. Despite the jail being understaffed since 1992, there seems to be no help insight despite Indiana Jail Inspectors reports citing the need to hire more jailers. The Sheriff will get new jailers when he gets a new jail in 2001.In 1996 the fight to build or not to build a new jail has entered public debate. The same issues since 1992 are on the table, many officials and public action groups urge in-depth looks into; diverting inmates to community corrections, utilize work release, divert minor criminals to home detention, review cases of those minor offenders in jail to reduce bail, review charging policies that judges have, house VCJ inmates in other county jails, jail privatization, and Saturday courts. A few county officials suggest studying the jail populations to identify “who’s in jail.” What is not surprising is the Federal and State prison populations are growing creating a huge ripple effect down to the county level. Had a jail study been conducted there might have been a chance to expound on how many cells the county will need for it’s inmates in the year 2010. If a study had been done, county officials would have seen the type of charges booked in to VCJ is slowly changing. Violent crime is dropping and court related charges are increasing such as probation violations and failure to appear warrants. And, minimum bail for drug charges has changed drastically. Of course, Judge Barbara L. Brugnaux has already seen this in her court. Court related charges will soon out distance all other charge types by 15% to 26% in 2004. The bickering over how much to spend on the new jail starts to take precedence over how the jail will be designed. As of 1996, the Sheriff is still short jailers and could use a new jail labor efficiently designed, however, this is not important enough to discuss at the task force meetings.
BOTTOM LINE
The VCJ has a capacity to hold 130 inmates. In 1996 the VCJ is operating at 118% (153) capacity but has gone as high as 130% (170+).
1997
Throughout the entire year of 1997 county commissioners and county council went back and forth debating the price and location of a new jail. One idea was the
Vigo County commissioners wanted to lease the Reuben H. Donnelley building and turn it into an office building and juvenile center, making room in the county's
Annex & Security Center at
201 Cherry St. for at least 70 more prisoners in the VCJ
. In April of 1997 County attorney Lynn Francis said council members need to address the jail overcrowding issue soon because someone is threatening litigation against the county due to the conditions. As of April,
County Commissioners presented three options and bids from consulting firms - RQAW Consulting Enginners & Architects and United Consulting - to the council. They range in cost from more than $3 million to nearly $10 million. Council members want to seek more bids to see if they can get any cheaper proposals. “It's a costly project and county officials owe it to taxpayers to try to keep costs down. …We continue to have two bids, there have to be more than two companies in
Indiana [that] can bid on this.'' - Councilman John P. Newton
New Jail Proposals
Option 1: cells would be constructed on the existing first and second floors of the current jail building and an indoor and outdoor recreation area would be built on the roof. It would increase the number of beds from 130 to about 200 and would cost more than $3.9 million.
Option 2: new cells on the first and second floors of the current jail and an indoor and outdoor recreation area on the roof, construction of a new tiered cell pod at the third floor level. It would increase the number of beds from 130 to 320 and would cost about $8 million.
Option 3: construction of a two-story addition on the north side of the existing building, it would increase the number of beds from 130 to 222. Expected cost is more than $9 million.
Option 4: Under the commissioners' proposal, the two levels of administrative offices in the
Vigo County Annex & Security Center at
201 Cherry St. would be renovated to hold 160 prefabricated jail cells. In addition, the design calls for adding two floors - one with 65 jail cells and one with an indoor/outdoor recreation area. It would increase the number of beds from 130 to 352. Expected cost is more than $8.15 million17.
(Option 4) “A 352-bed jail would give the county the most space for future use, as well as short-term, revenue-generating holding of state or federal prisoners”. - Commissioner William Decker.
Vigo County faces ICLU attorney Kenneth Falk's threat of federal lawsuit. Kenneth Falk threatened a class-action suit based on jail overcrowding. In a letter to county officials after Kenneth Falk's March 6, 1997 jail inspection. Falk said; ``My past experience with county jails indicates that in time, although there is a general recognition of a need to build another facility, there still is an inability to push through what needs to be done in terms of financing, I am not willing to wait on the vagaries of the political process before filing suit”. The jail task force is no longer meeting and the Commissioners and Council members were no closer to a jail decision in 1997.
County Commissioners proposed moving all county administrative offices into the former Reuben H. Donnelley building, 600 S. First St., and converting the Annex and
Security Center,
201 Cherry St., completely into jail cells. But Council members told the commissioners they wouldn't approve the Donnelley building proposal because of hidden moving and remodeling costs. In May 1997 the County Council, fearing lawsuit threats, sets a late-July deadline to have a jail plan in place. But despite the lawsuit threats and the Sheriff's concerns about safety, officials did not have a plan for the new jail. County Council President Mark Blade said. “One weakness in the new jail selection process may have been not having the Sheriff provide adequate early input. Often, the Sheriff would receive a jail plan at the same time as the council, so, instead of having input before the commissioners brought the plans before the Council he gave it after. Council members suggest another plan even after the council imposed the deadline for having a jail plan in place, some council members were still looking at yet-to-be discussed alternatives. Sheriff Harris projects the jail will average 217 inmates daily by 2004. “Commissioners are to build a jail, and the County Council pays for it, but I have to use it,'' Harris said. “I just want to make sure we meet the county's long-term needs.” Still more debate in August over what type of jail should be built lingers on
. - Councilman Phil Bird and Tim Skinner suggested
Vigo County use a pod-like design for the new jail. Bird suggests the county build this facility on land near
Maple Avenue. In August of 1997 the Vigo County Council voted to expand the
Vigo County jail
, ending nearly two years of governmental haggling over how to deal with jail overflow of inmates. Finally, the council, under a self-imposed deadline, voted to fund one of the Commissions 16 or so proposals. The motion passed 4-2. Council members Blade, Lambert, Brad Anderson and Judy Anderson voted in favor. Skinner and Bird voted against. Councilman John Newton was absent. Some council members wanted to take care of the County’s longer-term needs, which, arguably, could save taxpayers money over time and some council members wanted to spend as little money as possible, which, in the end, was the philosophy that carried the day. However, Sheriff William Harris warned the council members that his projections indicate prisoners would overcrowd the new additional 84 beds in just seven years (2004). The County council asked Vigo County Court Division 5 Judge Barbara Brugnaux for her opinion on the jail issue. She told the council the current jail is too small, and she said it plays a troubling role when she decides whether to hold alleged offenders. I will ask, what your bed count is today, and make decisions based on that, she told the council. The County Council closed with this statement; “Its done! Warnings from the Sheriff and Councilmen that prisoners will quickly overcrowd the expanded facility are not comforting. Yet, we are glad the decision is made, and hopefully, it will prevent the county from becoming involved in expensive lawsuits stemming from overcrowding. We hope this plan takes care of the community’s needs for years to come. We are skeptical that it will, but we will hope for the best. We don’t want to do this again anytime soon”.
1997 Summary
Although the council agreed to fund a new jail addition, the debate will continue on and on about how much money should be invested into building the jail. Some council members begin to see that a jail needs to hold double the inmates of what the current inmate capacity is currently at (156 x 2). However, no realistic future inmate projections are brought to the council meetings. Moreover, Sheriff Harris’ predictions of a full jail in 2004 doesn’t bother any of the current commissioners or council members, some of which are still serving in the same or similar capacity in 2004 Also in 1997, the Indiana Civil Liberties Union is planning a multi-million dollar law suite due to jail overcrowding – soon a reality that won’t go away, even in 2004.
BOTTOM LINE
The VCJ has a capacity to hold 130 inmates. In 1997 the VCJ is operating at 120% (156) capacity but has gone as high as 132% (172).
1998
This is election year for Sheriff and the incumbent William Harris is running again. The Sheriff is asked questions by the Tribune Star in October
20.
Q: What do you think are the biggest problems regarding the Vigo County Jail right now? And how will you address them?
A: Maintaining physical control over the inmates, and controlling medical cost of jail inmates are the biggest problems facing the jail. As sheriff, I have worked closely with the county council and the commissioners in addressing the need for a jail expansion. We have crammed up to 173 inmates into the 130-bed jail. The new jail expansion should start in early 1999 and will alleviate the overcrowding when completed. In the first six months of 1998, $93,000 was spent on medical care of inmates. The hiring of a jail nurse to assess inmates health needs and charging the inmates.
1998 Summary
Only one article was found to be relevant to the jail overcrowding problem in 1998. This one article was very insightful, the Sheriff tells the public his jail has been 33% over inmate capacity for 1998 and that medical cost per inmate are increasing. Expense are expected to increase if you have on average 43 more people in cells then the jail is designed to hold. However, the follow up question to expenses is not asked, what are the medical expense’s attributed to? In 2004 the current Sheriff will also say that he needs more money in his jail budget for inmate medical expenses… to treat inmates hooked on drugs.
BOTTOM LINE
The VCJ has a capacity to hold 130 inmates. In 1998 the VCJ is operating at 122% (158) capacity but has gone as high as 133% (173).
1999
In May of 1999 a mad grandmother Patricia Creasey, has her grandson in the
Vigo County jail and writes the ICLU
to complain. Mrs. Creasey addressed the Vigo County Council in May as the Council continued to weigh options for a new or expanded jail. Mrs. Creasey said; “The overcrowding is becoming worse. You have people sleeping shoulder to shoulder and some not getting enough food," Paul Mason, president of the Vigo County Board of Commissioners, proposed the council convert the existing offices at the Vigo County Annex and
Security Center into jail cells and move all county offices into the former
Ruben H. Donnelley Building. The county would lease the property from Fontanet Leasing Corp., headed by
Terre Haute businessman Greg Gibson. Council members estimated the lease would cost the county $6.6 million over 20 years. However, the county could build a new office building for $4.3 million today. Debate also centered around just how many inmates the county could hold under the conversion plan. Councilman Michael Ellis said a council committee, in a 2-1 vote, recommends building a new pod-design jail, with jail cells built in a circular fashion around a central monitoring station. Ellis suggests land near the
Wabash River could be used to locate the jail. Sheriff Bill Harris said; “The jail population in the first week of May reached a record 180 inmates. The jail has only 130 beds, sometimes we get into a bully situation where someone takes a tray of food from another inmate, or two or three of them stealing commissary items from another inmate. We get inmates that know each other from the streets and have problems. It is very difficult to maintain strict classification structures when you have 180 inmates and only 130 beds. Non-violent offenders become violent in jail. Youthful offenders are preyed upon by the older inmates to be part of their gang. We realize that when 35 inmates are in cell block for 22, it is a bad situation, asking for trouble. We're providing cleaning supplies, fresh towels and commissary items. No matter what we do, we will not be able to stop this until we have sufficient room and staff." Kenneth Faulk, attorney for the Indiana Civil Liberties Union, said; “I thought the issue was resolved more than two years ago, when I [the Indiana Civil Liberties
Union] threatened to sue the county to improve jail conditions. Our position is, unless the physical condition has changed, we still feel [jail conditions are] unconstitutional. Given that it hasn't been remedied up to now, we may very well have to intervene with litigation to force the issue, since it doesn't seem that it is being resolved on its own. I will review the issue and study what the council is doing. I am aware building a new jail takes time.” In June of 1999 more construction problems are brought to the attention of county officials
. A construction oversight brought the jail issue back to the County Council in March when county commissioners sought an additional $805,000 to add another floor to the existing jail, pushing the cost to more than $7.7 million. The council chose to table the issue to reconsider its options. Council President John Newton. States; "We don't know the contractors or the architects, but we have to decide on a general direction of progress. After discovering additional details of the plan to build new jail cells over existing county offices, I decided to take another look at other jail options. I was unaware, for example, that existing support columns for the office section of the Vigo County Annex and
Security Center were not designed for a third floor. Only the jail section was designed for another floor. While the issue of overcrowding remains, the council is looking at long-term operating costs before deciding which jail proposal to pursue”.
The three-member Board of Commissioners is backing an option to convert county office space into jail cells and move existing county offices to the former Reuben H. Donnelley Corp. building in the 600 block of
South First Street. Commission President Paul Mason says; “It was an option first considered more than two years ago. It's an idea that should again be considered. We can do this within the existing $6.9 million bond that was approved for [adding a third floor to the existing jail] and it would save time”. - Fontanet Leasing Corp., headed by
Terre Haute businessman Greg Gibson, bought the former Donnelley building in 1996. Other members of the corporation include Troy Helman, John Hanley and Ken Depasse. Helman is a co-worker of Councilman Brad Anderson, a Realtor with Coldwell Banker Larry Helman Realtors. Larry Helman is the father of Troy Helman. Councilman Phil Bird has concern on the Donnelley option, saying converting office space into jail use would require 14 additional employees to operate the jail because of the design. Commissioners say those employees would add another $7.8 million in salary and benefits over 20 years. Bird and Councilman Michael Ellis favor a new jail, using a pod design where one employee can view many inmates in a circular arrangement. Bird and Ellis say a new jail would require less employees and cost less in the long term. But county commissioners say that plan lacks a specific site to locate the jail. While officials have already obtained cost estimates on each of the three jail proposals, commissioners have asked the H.J. Umbaugh & Associates accounting firm to research the cost of building a new jail and converting county offices into jail space. Those estimates are expected to be presented at the June 1st meeting. Just two days after the June 1st council members meeting the county officially changed course
in its seemingly endless odyssey this week when the County Council voted 5-1 to adopt a recommendation by commissioners to move government offices currently housed in the Annex and
Security Center to the former Donnelley building a few blocks away on
South First Street. The vacated space will then be renovated and converted into jail cells. Some good news to ease jail overcrowding
is presented by Vigo Superior Court Division 1 Judge Michael H. Eldred he said; “I expect the county to have another court within five years (2004), increasing the need for more court space in the courthouse.
1999 Summary
The 1999 jail population broke the old one day inmate capacity mark. The jail is at 38% over capacity. From 1994 to 1999 the average daily jail inmate percent went from 107% over capacity to 126%. The maximum one day count went from 126% to 138% over capacity. The jail is now operating at the maximum point of 1994, this would have come as no surprise had analysis of inmate populations been done earlier. Some council members want a more labor effective jail pod design, which would save the county money in the long run, however, that is denied in council meetings. Also, there are expectations of a new court in
Vigo County by 2004. Unfortunately this never comes to realization.
BOTTOM LINE
The VCJ has a capacity to hold 130 inmates. In 1999 the VCJ is operating at 126% (164) capacity but has gone as high as 138% (180).
2000
Alleging that overcrowding at the Vigo County Jail creates "unconstitutional conditions of confinement," the Indiana Civil Liberties Union has filed a class-action lawsuit against the Vigo County Sheriff and the
County Commissioners. The suit alleges that inmates David Acosta and Mark Swickard were injured on Jan. 6 when they were housed in a cell with at least five inmates. The cell is designed for four. The jail has 130 beds, and currently houses 176 inmates. An Indiana Department of Correction report dated March 11, 1999, that was submitted with the lawsuit said the jail was overcrowded 100 percent of the time since the last inspection.
Paige Freitag, staff attorney for the ICLU said; “Overcrowding can lead to lack of supervision, maintenance problems or dirty conditions, which can result in cruel and unusual punishment for the inmates. People have to keep in mind a lot of inmates in county jails haven't been convicted of anything. When the conditions in a county jail are so bad, those conditions really amount to punishment to people who are presumed innocent."
Sheriff Harris noted that county officials are moving ahead with the new, expanded jail. Next month,
Vigo County offices will move from the Courthouse Annex and
Security Center to new spaces at the former Reuben Donnelley building, allowing construction to begin on expanding the jail. The $6.925 million jail expansion has been under discussion for more than four years and has undergone several plan changes as officials tinkered with various options.
Vigo County officials have no reason to be surprised
that they're now involved in what could be a costly, distracting and aggravating legal tussle with the Indiana Civil Liberties Union over jail conditions. Overcrowding in the current jail facility has been a problem for years. The current and former Sheriff tried in vain to get the county moving on an upgrade to the jail. Only in the past couple of years has there been significant progress, if you want to call it that. Despite those continual warnings, and repeated threats of legal action from the ICLU, the county still has not begun its expansion project, although it is scheduled to begin soon. County Attorney Bill Earls said; “The jail population has been above its capacity since 1995, average daily inmate counts rose from 147 in 1998 to 163 in 1999” Vigo County's $4.96 million jail renovation project could begin in July
. Bids will be reviewed by the county attorney and the design company RQAW before acceptance. The $4.96 million includes all alternatives in the plans that County Commissioner Bill Bryan said were included to make sure the county would have enough money to complete the project. That figure is the combined cost of the minimum bids for the mechanical, electrical, masonry, flooring and other aspects of the work. If the commissioners decide to accept none of the alternatives, the cost would be $4.4 million. In hopes of staying out of court,
Vigo County has agreed to limit the number of inmates at its jail to 176 and allow a civil liberties group to monitor conditions at the lockup
. Also, the county will supply the ICLU with quarterly reports on conditions. If the number of inmates exceeds 176, the county has five days to bring it down or the ICLU can go to court to force the county to bring down the number of inmates. According to figures kept at the jail, it has been at or below the limit on only seven days since the first of June, and had 196 inmates Aug. 1. The jail averages five to eight more inmates a night on the weekend, when courts are not in session to help relieve the pressure. The jail's capacity is 130 inmates. The expanded jail is intended to house 268. It could be completed by 2001.
2000 Summary
The new jail inmate capacity figure of 268 is mentioned for the first time in the news. The 268 is the maximum number of inmates the new jail can hold starting in February of 2002. However, on June 1, 2000 the old jail was holding 196 inmates, only 72 shy of the maximum 268 soon to be available in 20 months. At one time council members proposed a 352 inmate capacity jail for only $8.15M, wouldn’t that be nice now. The new jail will cost the county more than $4.96M when it’s all said and done in 2004. The jail can not keep its agreement with ICLU to keep the inmate population below 176. The VCJ had a hard time staying under 176 in 1998. Oddly enough, nothing is mentioned about drugs, meth, cocaine or drunks clogging up the jails, a common cry by the Sheriff in 2004. In 1992 the Indiana Department of Corrections was at 150% over capacity…the big waves are just starting to hit Vigo County Jail! This year the jail hit a one day 150% inmate capacity. The ripple effect is a fact not a theory. In 1993 the Indiana Department of Corrections becomes 190% over capacity.
Vigo County jail will get close to that number in 2002.
BOTTOM LINE
The VCJ has a capacity to hold 130 inmates. In 2000 the VCJ is operating at 130% (169) capacity but has gone as high as 150% (196).
2001
In November the jail was overcrowd
. “The VCJ hit 205 today," Sheriff Harris said. At 10 p.m. Saturday, the jail population was down to 196. Sheriff Harris says; Department of Justice figures show that the jail addition will prevent the facility from becoming overcrowded again until about 2007. However, alternative sentencing methods, such as in-home detention, have slowed the inmate growth rate and may push the problem further into the future. Vigo County Superior Court Division 1 Judge Michael H. Eldred said; “I believe local judges will continue to use alternative sentencing methods, when appropriate, to delay the return of overcrowded cells. I think that alternative sentencing will still be utilized by the judges as a viable alternative. Despite the possibility of future overcrowding problems, I am pleased the [jail overcrowding] situation has been rectified for now. The extra space means judges won't have to worry about overflowing the jail with inmates. In early October, the
Vigo County courts purged about 20 jail inmates by releasing non-violent offenders on their own recognizance to ease overcrowding. During that time, the jail housed 204 inmates. "It's good to [possibly] have that lawsuit off our back, I'm happy that we've got to that stage." Judge Dexter L. Bolin Jr. of Vigo County Superior Court Division 3 said; “Alternative sentences will help, but it's highly possible that the new jail addition will become overcrowded in the near future, depending on the public's attitude toward drugs. The more we enforce the law against drug abuse, the more full our prisons are going to be.” The top government stories in 2001 - "The opening of the juvenile center and the opening of the jail have to be the top stories
," said County Council President Turk Roman, an addition to the county that was echoed by president of the Board of Commissioners Bill Bryan. The two buildings cost more than $7.7 million. At the very end of December 2001 the Deputy Sheriff, John Marvell, for the first time talks about drug offenders in his jail
.
• “Of the 211 inmates housed Dec. 20 in the Vigo County Jail, 25 faced charges of meth possession or dealing”.
• “Others among the population did crimes because of their meth addictions, such as theft, burglary and robbery”.
• “Another 50 out of the 211 faced probation violations, half by simply violating some term of their probation”.
What’s the most common violation people are sent to jail for? Bill Watson,
Vigo County adult probation officer, said; “Failing treatment programs and mainly substance-abuse issues featuring among them, of course, meth. In "drug court" in Vigo County Superior Court Division 5, drug offenders get a chance to stay out of jail -- if they can stay straight”. Judge Barbara L. Brugnaux said; “Those struggling with meth as either their main drug of choice or a side choice make up “easily half” of the roughly 80 cases in drug court, my court also hear the bulk of marijuana cases in
Vigo County. I view methamphetamine and marijuana as companion drugs. If they come in on a possession of marijuana charge, they're likely to be testing positive for meth. The reverse is true, too. They use the marijuana to come down from the meth.”
Summary 2001
The jail is starting to level out at the 200 inmate capacity point. This year’s maximum one day inmate count was 211, just 57 inmates shy of the new jails minimum inmate capacity of 268. Sheriff Harris cites new jail projections done by the DOJ that state, the VCJ will not experience overcrowding again until 2007. Well, even GOD… oops..
DOJ can be wrong! There seems to be a renewed faith that local judges will start using alternative sentencing methods…what are the new methods available? Why haven’t they been used in force before? It was only back in 1996, 95, 94, 93 when talk about diverting inmates to community corrections, utilize work release, divert minor criminals to home detention, review cases of those minor offenders in jail to reduce bail, review charging policies that judges have, house VCJ inmates in other county jails, jail privatization, and Saturday courts were the new alternative sentencing the judges could use. If this sounds similar to past year’s solutions for jail overcrowding - - your right! Still the same rhetoric will continue for the next three years. The many solutions to jail overcrowding will reach a boiling point in 2004 when a county commission declares…what has changed in Vigo County…. to cause overcrowding. The talk about methamphetamine in the media increased twofold, and addicts are now the source of jail overcrowding. However, the county leaders, much like parrots repeat the fuzzy numbers to the media, talking only about the number of “meth labs busted’ - - Vigo County leads the State of
Indiana in clandestine methamphetamine lab seizures ...by the way, what constitutes a meth lab?… “You know you have a meth lab when”… fill in the blank______.
The new 268 bed jail still has not officially opened, but fighting in the jail forces the Sheriff to use unopened jail floors to separate prisoners. In November, the drug task force celebrates the partial opening of the jail with a round-up of prescription drug fraud criminals. - - Merry Christmas Sheriff!
BOTTOM LINE
The VCJ has a capacity to hold 130 inmates. In 2001 the VCJ is operating at 135% (176) capacity but has gone as high as 162% (211).
2002
This is an election year for the position of Vigo County Sheriff and some judges. Election politics play a big role in how the jail overcrowding will be handled. In January of 2002, a state jail inspector confirmed to
Vigo County officials Thursday that the new jail needs eight additional correctional officers
to meet the needs of its internal security. Mr. Paul Downing said; I suggest the county will need 13 more jailers to resolve its entire security concerns,… eight new jailers would be adequate to solve the jail's internal security, and I would convey that number to the Indiana Civil Liberties
Union. County Council members must now decide if, and how, to pay the unexpected expense. Eight new jailers would cost the county more than $200,000 a year in salaries and benefits, according to one estimate. Councilman Brad Anderson pointed to past architectural studies that said the county would need to add only 13 more employees for its new jail. The county has already added 12 new employees for the jail since 1998."We asked you as an expert how many jailers we would need and at the time you agreed with 13. What has changed?" Downing said; “that like the architects for the jail, he was looking at the internal security jobs needed to operate the new jail, and did not consider external security duties of the jailers. I didn't catch that. I was shocked when I found out in July or August that the Sheriff had to rotate people out of the jail to the courts or for inmate transportation needs’. Councilman Phil Bird said: “I think adding 13 employees, on average costing the county $30,000, would add up to nearly $14 million over the next 20 years, excluding annual raises. I suggest the county could build a new jail using a more employee-efficient design for that cost and save in the long term. This jail is a money pit and will never quit being a money pit!” Sheriff Harris said; “The county jail held 220 inmates as of January 11, 2002” The issue of new jailers will be debated before the County Council in January
. Sheriff Harris's request of eight jailers would cost $175,928 in salaries plus another $40,000 in benefits, totaling $215,928. Also in January, three days after the debate about new jailers, The Vigo County's new jail addition can be completely open in about 45 days as the County Council approved the hiring of eight new jail correctional officers
. As one problem is resolved in the new jail, another problem appears. While the Vigo
County Jail's new addition helped alleviate overcrowding, it created radio communication problems between officers in the old and new sections. Vigo County Sheriff Bill Harris said that concrete and steel used to build the nearly $5 million, two-floor jail addition are blocking radio signals from police radios
. In February of 2002, Sheriff Bill Harris opened the first floor of the new jail addition and county judges released or lowered the bail of 15 inmates after the Vigo County Jail population reached a record high of 273. The jail has been approved to hold 268 inmates. Sheriff Harris attributed the record number to several factors, including arrests from a three-day weekend. The jail population typically rises over weekends as the newly arrested await their first court appearances, when many gain release. Also, a number of inmates were arrested during routine traffic stops when officers discovered drugs or that they were wanted on warrants. A lot of people were out over the weekend, especially at night, because of the warmer weather. Sheriff Harris said;"[Inmates] normally get moved to the new jail section when they have completed their preliminary hearings, and they are going to be in the jail for a couple of months without going to court again. But, that's becoming increasingly difficult as there are more inmates being sentenced to county jail by local authorities. To immediately lower the numbers, the Sheriff asked
Vigo County judges over the weekend to lower bail amounts and in some cases to release some inmates on their own recognizance. Court was not in session Monday because of the Presidents' Day holiday. "I went through them and tried to make some decisions on the basis of pretty sketchy information," said Vigo
County Superior Court Division 5 Judge Barbara L. Brugnaux. "The rest will have to wait until [today]." Sheriff Harris said; “The cases that were released were not cases requiring felony probable-cause hearings, the majority of the cases were misdemeanors Nearing the spring primary races candidates speak out on jail issues. Several candidates for Sheriff spoke favorably of developing a work-release program as a way to relieve jail overcrowding. Judge Barbara Brugnaux, running unopposed for Vigo Superior Court Division 5, and current president of the Vigo County Board of Commissioners Bill Bryan both said they had been working to develop a work-release program. In March the late, Gov. Frank O'Bannon vetoed a bill that would have given
Vigo County a sixth court. In April 2002, Vigo County Sheriff Bill Harris, on advice of the county attorney, started a policy of counting all inmates daily. If the jail population exceeds 268, the maximum number of inmates the jail is certified to hold, Harris will send inmates to jails in Vermillion and Parke counties at higher taxpayer expense. Also in April 2002, Vigo County Sheriff candidates Tim Gossett, Frank Shahadey, Jon Marvel and Ron Chickadaunce attended the forum for an opportunity to speak.
Shahadey said; …he would not jeopardize public safety to relieve jail overcrowding. Marvel said; …people who commit non-violent crimes should have an opportunity to continue to support their families while paying their debt to society. In may of 2002, a debate among Sheriff candidates produces interesting answers
. JAIL POPULATION Q: One major responsibility of the Sheriff is the county jail. The county in February completely opened its expanded jail, which can house 268 inmates. The jail population, however, has since exceeded that number several times. Marvel said; …a work release center, already under consideration by Sheriff Harris, can reduce the jail population. The Indiana Department of Correction would pay the majority of the cost to renovate a suitable building, Marvel said. "The inmates would pay for their room and board at this center. Thereby very little cost, if any, to county taxpayers," Marvel said. "Their families would still have some money coming into them so they would not have to go on welfare because the dad or bread winner is sent to prison or to jail. I will push to see that his work release center is established and up and working. We can't keep building more and bigger jails. We're done." Gossett said; …“one solution is better monitoring of the jail population. I believe when we reach a certain number, which might be 245 people; we will have the jail commander look and see which inmates are being held for the Department of Corrections and contact them to say they need to be transported out as soon as possible. Also contact the courts and judges and advise them we are reaching maximum capacity and work with us on misdemeanor and non-violent cases to see if we [can] reduce bail or make other arrangements other than holding them in the county jail. As a last resort, we would send our inmates to another local jail.”
Watts said; …the best solution is to get nonviolent inmates out of the jail every day, at different times of the day, and clean up this community. A community work program can be supervised with an increased number of reserve deputies. We can't build bigger jails. Crockett and Chickadaunce each say; …working with community corrections and with judges to increase programs such as home detention can be tried. "I think the best way is to prevent [crime] and educate young people. Teach respect, responsibility and consequences [to] the youth." Jones said; …I "don't understand why the jail is overcrowded. The solution has to be with the judges and the Sheriff to work together to reduce it." Shahadey said; "Public safety will never take a back seat to overcrowding in the jail. We can establish a half-way house for these nonviolent criminals. We have to convince them not to want to come back." In July of 2002 the county commissioner decide to hire an outside agency to look at the jail overcrowding problem
. Finding a solution to overcrowding in the Vigo County Jail could be a matter of implementing a coordinated plan. Last week,
Vigo County commissioners signed a letter enabling the
Indianapolis firm Crowe, Chizek and Co. Limited Liability Partnership to contact the Sheriff's Department, county courts and county prosecutor and obtain statistical information. The idea is to develop a plan to coordinate existing programs already in use in the county. Vigo County Commissioner Judy Anderson said; "A 268-bed jail facility for our size community should be more than enough. It should be very sufficient, so there has to be other problems" causing overcrowding. This company will look at each aspect and try to coordinate and help everybody and in the long run help the county. This company will look at the avenues that we have now, like the drug and alcohol program, and home detention program and others, and working with the judges, the company will try to coordinate all these things and see if there are already programs some people can get in. County Commissioner Judy Anderson goes on to say; "For example, a guy breaks probation, and while that is a crime, the person is taking up jail space when he could be in another type of program that would get them out of the jail, we can free up a space for someone with a more serious crime. I think that Crowe, Chizek can show us a way to better coordinate all these things and make them work together." Sheriff Harris says: “I have received the letter from Commissioners, but do not know what plan the firm hopes to develop to relieve overcrowding in the jail. It's just too early to tell, but this may result in using taxpayers' dollars to pay another consultant for something that is a problem that every county in
Indiana is facing and extends across the nation right now. I believe this firm will come to a conclusion the County is not using its community corrections program to its fullest extent; that the county needs another court to move cases through the legal system faster; and the county really needed to build a new jail facility with about 300 beds to serve its needs.” In October of 2002
Vigo County officials must decide if spending up to $65,000 for an
Indianapolis consulting firm will result in a solution to overcrowding in the county jail
. Crowe, Chizek and Co. is the eighth largest
U.S. public accounting and consulting firm for business, public sector and information technology. The company proposes to review the county's existing correctional options, such as home detention or community corrections, and work to find solutions to enhance those programs or find new ones. A jail inmate management task force would be formed, which would first try to find "quick win" solutions to overcrowding in the 268-bed Vigo County Jail. John R. von Arx, senior manager for Crowe, Chizek, said; “The number of people coming in the door and the length of time in jail are the two key ingredients to consider in jail overcrowding. There may be ways to find a more quicker turnaround time and find efficiencies that don't currently exist. The process ranges from courts to jails to computers. Another phase would be the analysis of inmate population trends, pre-trial release data, data on arrests and citations and the time interval between arrests and initial court hearings. A maximum security jail is a limited resource. We have to put the most high-risk people in those resources and then have alternatives so that the courts have the ability to still hold people accountable as they see fit. Vigo County Superior Court Division 5 Judge Barbara Brugnaux said; “The biggest factor is that people do not do as ordered or fail to appear for programs. We have home detention, we have day reporting and we are trying to get a work release program started and we have an alcohol and drug program. If there is something else, I would like to know about it. Existing county programs are not the solution. Not when there are people in jail because we put them in programs and they don't comply, not when I put someone on home detention and they test for meth or cocaine or not when I put them on a drug and alcohol program and they won't go." Bill Watson, director of Vigo County Community Corrections, said; “At least 50 percent of people coming into County Community Corrections program fail an initial drug screen. The majority are those that test positive for methamphetamine. My department does not immediately send people who are serving a suspended sentence back to court if they fail a drug test because it would overwhelm the jail. The exception is for people who have been sentenced to serve time as a direct placement into the program. The first time they fail, they go back to the judge. In October 2002, the November elections are a month away, soon to be elected Sheriff Marvel talks about his plans for the Vigo County Jail in a public debate
. While the Nov. 5 election will not draw voters such as during years of a presidential race, the race for Sheriff may still attract people to the polls in
Vigo County. Deputy Sheriff Marvel said; …county commissioners, county judges, the Sheriff's Department, and the Indiana Department of Correction have been working toward starting a work release program. That is something I will work to start. A facility is needed in this community so that when a person does commit a nonviolent crime and does have a job, they do not lose that job and pass costs onto taxpayers, that would also help keep families off of public assistance." …I believe they can improve the department's ability to solve major crimes, such as murder …I will create the new position of forensic detective to improve the department's ability to solve crimes such as murder. I plan on working closely with Dr. Roland Kohr, a county medical examiner, who has agreed to assist the department in training and formalizing a forensic detective whose job will be to take a microscope to the scene of a crime, practically. This will hopefully enable us to solve crimes faster." …contacting youth should be a top priority for law enforcement. With the current generation, the ones we see in jail now, we are trying to get them the help they need to stay out of jail. But we need to concentrate on the youth of the community going into the grade-school level and try to inform them that jail is not the right place to go. That working hard and earning money honestly is the goal they should set for themselves." In November of 2004 just months after opening a new jail,
Vigo County faces a never ending rising jail population
. An insightful editorial by the local newspaper sums up the years frustrations. …Population growth is blamed [for jail overcrowding] in some counties; in others, prosecutors and judges -- responding to community demands to get tough on crime -- are sending more people to the "crossbar hotel."
Vigo County spent nearly $7 million last year on a two-story addition and renovation to boost our jail's holding capacity from 131 to 268 people. The first floor was opened in November, the second floor in February. By mid-April, a swelling, peak-day jail population forced Sheriff Bill Harris to temporarily ship some non-violent offenders to jails in Vermillion and Parke counties. When that happens, the added cost is $35 a day per inmate. Like
Clark County,
Vigo was one of at least six counties sued by the Indiana Civil Liberties Union over substandard conditions in jails. A resulting legal settlement limits
Vigo County's jail population to 268 people. And as in
Clark County, our problem has yet to be resolved. Thus Jon Marvel will inherit the off-and-on problem of overcrowded cells when he takes over Jan. 1 as
Vigo County sheriff. Any permanent solution is beyond the resources of our new top gun, at least unless he, too, turns to tents to house prisoners -- an idea likely as unpopular here as in
Jeffersonville. A backlog of cases in local courts, not population growth, in part fuels our problem of jail overcrowding. Everyone agrees that
Vigo County needs a sixth Superior Court and judge to speed up the judicial process. The governor vetoed a bill to add that court and judge when he cut spending this year to shore up a deficit state budget. Now any relief is at least two years down the road - the time it will take to introduce, debate and approve new legislation. Even a new court is only a partial solution. Any long-term fix will necessarily include rethinking which offenders must go to jail and which can be diverted into non-jail programs such as home detention or work release. That's something Sheriff-elect Marvel says he will work toward. Other officials are moving that direction, too, and may soon decide to pay a specialized consulting firm $65,000 to review the county's correctional options. The goal -- pinpoint possible solutions that involve no expensive new construction. Our jail problem obviously isn't going to magically vanish overnight. We must urge our lawmakers to press forward with legislation to add the new court and judge. This time the governor should sign off on it. Concerns over dollars and cents shouldn't be allowed to again override the need to speed up justice. In the meantime, county officials should strongly consider hiring experts to help them analyze the correctional system. Since any solutions which emerge from that will not involve bricks and mortar, the fee charged by the consultants could prove to be a bargain. In early December 2002
Vigo county thinks about remodeling a county highway garage into a work-release facility
. Early plans call for a 100-bed facility, with two large dormitory rooms containing 84 beds for men and one dormitory with 16 beds for women. The proposed facility is estimated to cost more than $1 million. Community Corrections is seeking the maximum 80 percent grant from the state. Bill Watson, executive director of Community Corrections said he hopes to hear in January (2003) how much money the DOC will provide for the facility Commissioner Bill Bryan said; "If it is a county-owned building, the DOC will put up money through a grant program. The building does not have to be highly secured because if offenders leave, they go back to jail, so there is no benefit from running away from it. The main benefit is that people will still have a job and not lose it because they got sentenced to six months or eight months in jail. They can still work and keep their family life, with income.” Commissioner Judith Anderson said; “A work-release facility would be one way to ease the jail overcrowding. We have several things we need to look into to relieve the jail problem, but I think work release is the number one priority to relieve that situation,"
2002 Summary
Deputy Sheriff Marvel becomes Sheriff Marvel due to Sheriff Harris serving two consecutive terms and of course the citizens of
Vigo did vote for him. The new jail becomes overcrowded a few months after it’s opening, which again, should come as no surprise. As soon as the jail is completed, the county needs 8 more jailers and a new communications system. The jailers will cost the county another $215k per year and who knows what the cost for a new communication system will be. The big debate begins in council over a work release center to ease jail over crowding. In October 1994 it was Sheriff Jenkins who asked
Vigo County judges to stop sentencing any offenders to work release or to weekends in jail stating the jail doesn’t have room to hold people for those functions. The Sheriff also believed that only about 1/3 of the people in work release can be successful and thinks work release be handled by a “half-way-house.” In the 2002 election year the new Sheriff says he will push to see that his work release center is established, however, in 2004 he will retract that statement saying work release is ineffective. In July of 2002 the county commissioner decide to hire an outside agency to look at the jail overcrowding problem. This is probably one of the commissioners better ideas, however, public flak over a measlee $65K kills the plan. Within the next year 2003, a Professor at ISU, totally unaware of the work ahead of him tells the Commissioners he can do the same thing for $6.5K…then
makes his Grad Assistant do all the work (college humor). In reply to the jails problems being fixed first by a bunch of consulting know-it-alls from Indianapolis, the former Sheriff fires off; he believes the firm will come to a conclusion the county is not using its community corrections program to its fullest extent; that the county needs another court to move cases through the legal system faster; and the county really needed to build a new jail facility with about 300 beds to serve its needs. He was right!
BOTTOM LINE
The VCJ has a capacity to hold 268 inmates. In 2002 the VCJ is operating at 94% (251) capacity but has gone as high as 109% (292).
2003
The single biggest project! The President of the Vigo County Board of Commissioners Anderson hopes county officials can accomplish in 2003 is starting a work-release center
. Commissioners hope to convert a county garage at 13th and Crawford streets into the center. The goal is to reduce the number of inmates in the county jail. Cost is estimated at $1 million, yet commissioners hope to obtain up to 80 percent of that expense through a grant from the Indiana Department of Correction. The center would house nonviolent offenders, but also some as serious as class-B felons, depending on the offense. In 2001, as county officials marked the opening of the new Vigo County Jail addition, Judge Dexter L. Bolin Jr. foresaw that overcrowding wasn't a dead issue… Bolin often used the community corrections program for nonviolent offenders convicted of shoplifting, forgery, theft and sometimes even burglary. Bolin adds, "The more we enforce the law against drug abuse, the more full our prisons are going to be”. Vigo County Public Defender Dan Weber said
: "It's easy to tell who is on a meth charge,. It takes about two weeks before they make any sense at all. More and more disheveled and disoriented defendants have appeared in
Vigo County courts. Felony meth charges increased seven-fold to 227 in 2001 from 32 in 1998, according to the Vigo County Prosecutor's Office.” In March of 2003 Vigo County Sheriff's deputies stopped serving arrest warrants Thursday, but it didn't stop the county jail from reaching a record high number of inmates this weekend. The Vigo County Jail population swelled to 305 inmates. The daily inmate count is faxed to the ICLU in
Indianapolis, Marvel said. ICLU attorney Ken Faulk said Monday he was unaware the Vigo County Jail population had ever exceeded capacity since the addition opened. The agreement allowed the jail to house more than the limit in "short-term, emergency situations. Judge Michael H. Eldred said: “It's difficult to pinpoint why so many people are in jail, Crime is up, particularly drug- related offenses, he said. But congested courts worsen matters. The soonest weeks in on my court calendar that are free for trial are in October. "The volume [of cases] is overwhelming us," an additional county court could help get those charged with crimes to trial quicker - shortening the long waiting periods in jail for those who can't afford to bail out. Sheriff Marvel said; I believe some blame lies at the state level. For several years, the state prison policy has required that people convicted of misdemeanors be housed at the county level. The reason: overcrowding in state prisons. It's shifted that problem back to the counties. I estimated about 30 percent of the jail population is serving a misdemeanor sentence. Now we have to keep them here, anything less than a (sentence of a) year. Our jail is a prison. County officials are seeking state funding to house a work-release program for county inmates to help ease the burden of overcrowding. Our population always spikes in the summer time, that's what scares me. Ultimately, lowering bails and releasing inmates to make room won't solve jail overcrowding. I really don't know what the answer is. It is not going to be solved overnight. Again in March
the inmate count was above the jail's 268 limit at 305 inmates. Sheriff Marvel had planned to ask county judges to reconsider bail amounts for some individuals to ease the overcrowding. But the jail's new electronic record-keeping system can't give jail officials the type of report they want. In June the County announced that hampered by an overcrowded inmate population in an expanded county jail,
Vigo County officials are turning to
Indiana State University for answers. The Vigo County Council on Tuesday approved $6,500 for a contract with ISU's Department of Criminology Associate Professor Robert Huckabee in April
. Concerning ISU assistance, Sheriff Marvel told the County Council. The county jail has peaked as high as 309 inmates. The county's limit of 268 inmates was reached under a 2002 agreement with the Indiana Civil Liberties Union. I think hiring ISU is money that will be well-spent. I think [jail overcrowding] it comes down on judges to say when a trial date is set, that is it. No more continuances of cases for so long." Councilman Brad Anderson said; I think the problem of jail overcrowding is obvious. We've become a prison instead of a jail. We are plea bargaining the time spent so that inmates serve more time here in the county.” Overcrowding has been a problem for months at the Vigo County Jail. And on one day in August, it hit a record high with 314 in custody before courts opened for the day. The record high came at a critical point -- days before a three-day weekend -- a time when the jail traditionally is crowded since courts remain closed over the long holiday weekend. The numbers prompted the Sheriff to meet with most of the county's judges and to announce a temporary halt in warrant service. Due to the overcrowding, the judges made some concessions, too -- deciding that out-of-state suspects in non-violent misdemeanor cases can be released on their own recognizance. Previously, only in-state suspects could be released before a court appearance, under policy set by the judges. Vigo County Judge David R. Bolk said; "I think however large you build a jail, it's not going to be difficult to fill. I hope a study currently under way at
Indiana State University can help shed light on exactly who's jailed in
Vigo County, how long they've been in custody, what they've been charged with and when they are next scheduled to appear in court. That information will be valuable in solving the overcrowding problem.” 2003 Summary The buzz word for the year is “work-release center (WRC)” everyone wants a WRC. Also the “War on Meth” media blitz is starting, the jail is overcrowded due to meth and judges cite court stats like --
Vigo County courts have seen felony meth charges increased seven-fold to 227 in 2001 from 32 in 1998. Some county leaders say VCJ is overcrowded due to the generic fact, crime is up, and drug-related offenses are up. Still others say, no matter how large you build a jail, it's not going to be difficult to fill. And finally, some say prosecutors are doing to much plea bargaining for the time inmate serves – i.e. The inmates spend so much time in jail they will plead to any lesser charge to get the hell out. Does the public really want a bunch of people going to trial? The daily inmate count is being faxed to the ICLU, and soon Ken Faulk will be headed back to court with the county. Lastly, the Vigo County Council on approved $6,500 for a contract with ISU's Department of Criminology Associate Professor Robert Huckabee in April of 2003. However, most of the media and public forgot about the study and it still has not been presented to the public. The report will most likely never be heard of again.
BOTTOM LINE
The VCJ has a capacity to hold 268 inmates. In 2003 the VCJ is operating at 103% (276) capacity but has gone as high as 117% (314).
2004
One day in March the jail population hit an all-time high of 318. On that day Judge Michael Eldred released everyone who appeared on theft and other class-D felony level charges -- even those who were repeat offenders
. Also in March Sheriff Jon Marvel, frustrated by the Vigo County Jail's overcrowding problem, wants to convene a criminal justice council to look at ways to reduce the jail population
. Sheriff Marvel expects the inmate numbers to get worse in summer. The Sheriff suggests that different options must be found for nonviolent offenders. Options for some offenses might include a citation or a summons to appear in court. No one wants to be seen as soft on crime, but at the same time, "We've got to change the way we are thinking about this”. The Sheriff does not believe that a proposed work-release facility, part of the Vigo County Community Corrections program, will substantially reduce the problem. Sheriff Marvel is looking into other options for non-violent criminals
. Marvel said, "I think there may be, and I'm not sure, I want somebody to tell me in our criminal justice field. Is there some other venue some other place we can put those people and keep jail for the violent criminals? I'm not saying empty the jail, that's not the right thing to do either, but there has to be some other answer." Again in March Sheriff Marvel compiled a set of startling statistics
. In the past 12 months, 5,456 people have been booked into the county jail. Those inmates, all totaled, spent 108,692 days in the jail. The average length of stay per inmate was 19.92 days.
The bottom line on these statistics is that the average daily jail population during the past 12 months is 297.79, almost 30 inmates higher than the 268 capacity. In May the first meeting of a Criminal Justice Council (to study jail overcrowding). About 30 people attended the meeting on the campus of
Indiana State University, including county judges, prosecutor, Indiana State Police and agencies such as the county's drug and alcohol program.
County Prosecutor Bob Wright said;
“Other crimes are connected in some way with drug abuse. I think we can cut through this by saying it is a drug problem, probably 60 percent of the rest of the people who are in jail were under the influence of drugs when they committed that crime, so it is a lot higher number than 130 people. To address the jail's problem, you have to address the drug problem, there has to be a change in how we look at drugs. As long as prison is the answer, which is the easy answer, we will have this problem [of overcrowding].
Dr. Randy Stevens, physician at the county jail, states:
"Methamphetamine will never leave, it is still a problem in
California more than 12 years later.
Sheriff Marvel spoke of one day at the jail as an example:
“On May 3, the jail housed 273 inmates. Of those, 130 people were jailed for drug offenses, while 40 were jailed for various probation violations. "That's about 63 percent of the jail population on drug offenses or probation.
Sheriff Marvel States;
Vigo County officials must collaborate to try to expand existing alternative programs or find new solutions to reduce the number of people incarcerated in the county's jail. We've shown that by building a bigger jail in and of itself is not the solution, police, prosecutors and judges each occupy a piece in the justice system and the means to find a solution to jail overcrowding, unlike 20 years ago, now face mandatory arrest policies on certain crimes, such as domestic violence and driving under the influence. Yet police must re-look at arrest policies and procedures and how they affect the prosecutor's office. Prosecutors also must look at how they can reduce jail overcrowding. We should consider what some jurisdictions have done and that is to create a "Fast Track Court," in which senior deputy prosecutors and defense attorneys screen cases to identify those cases that are expected to result in a plea agreement. In counties where this has been done, the time to reach agreement was cut from several months to just three to four weeks."
Marion County adopted such a court for minor felonies in 1996. Judges also can help with jail overcrowding. Sheriff Marvel suggests non-judicial staff such as pre-trial staffers or jail officials be given release authority. "The court could establish a policy which specifies the type of charges for which the staff may effect release without court consultation, or perhaps, a policy for carrying out release with court consultation by phoning a duty judge. In
Oakland City, Mich.,….a "rocket docket" has been established to "help defense counsels and prosecutors reach agreements in noncomplex cases. A court policy for strict use on continuances of cases. I realize that inmates play the system and want to stay in the jail longer [instead of prison] because they
can stay closer to their relatives, but a policy should be adopted "for no delays or excessive continuances."
Sheriff Marvel also suggests the defense attorney be present at all initial hearings. Marvel said; “The (work release) center will help, but is not the only solution. A work-release center would remove only 10 to 15 people from the jail, as most drug users are not working and could not pay for the work-release program”.
Judge Michael Eldred suggests;
“A review of a no-bail policy in effect at the jail on weekends. The policy states that people arrested on certain charges, such as a second-time driving under the influence offense, must be held until appearing in court. That means someone could be in jail for three days before they appear in court and are released. We need to take a look at that. The simple fact of the matter is we all have to bite the bullet in terms of the short range until we have other alternatives. We are going to have to let people out of the jail that we may not want out. That is the plain, hard reality of this situation.
Eldred also said. I like the concept of a fast track court, In 1990, Eldred said he scheduled between one and three criminal trials per week and not in every week of the year. In 2004, Eldred said he sets between seven and eight trials per week on all 52 weeks a year. "Obviously they all can't go at the same time and some have to be continued," he said. Yet if now arranged in such a matter, it could be two or more years before a defendant could go to trial, Eldred said.
Eldred said the problem he has seen, particularly with those charged with making meth, is that once they are released from custody, they immediately return to making the drug. Watson said;
Bill Watson, director of Vigo County Community Corrections, said he thinks funding from the Department of Correction could come this month to enable the county to build a new, 140-bed work-release center. That will help remove people from the county jail, he said. Kearns said; • Judge Jerome Kearns said he thinks it "is the state of
Indiana's obligation to get another court here." Burns said: • Bernie Burns, director of the Robert H. Brown Alcohol and Drug Program, a county-run substance abuse evaluation and monitoring program, said the county should consider helping existing programs expand, such as the Fellowship House. The Fellowship House, operated by Recovery Associates Inc., a not-for-profit organization, operates a 22-bed residential treatment home in the 2900 block of
Jefferson Street for drug abusers. Sheriff Marvel plans to conduct a second meeting next month, asking those attending to bring one idea to reduce jail overcrowding. In July the Sheriff states: "The epidemic is here
,"[Meth] …whether people want to accept it or not, they're already paying for the problem in many ways. "It will affect you, individually, paying your taxes." The following week after this statement, Marvel said he will go to the County Council next week with a request for an additional $250,000 to help pay for medical care costs, many of them related to illness directly or indirectly associated with meth use. Also in July the Criminal Justice Council in
Vigo County met twice
, agreeing that education and treatment are key issues, along with finding ways to provide judges with more complete information about offenders so judges can handle cases more efficiently. Sheriff Marvel estimates 85 percent of Vigo County Jail inmates are there for drug- related charges
.” In October Sheriff Marvel tells WTHI Action 10 news that 85% of the jail's population are inmates arrested for meth-related crimes. This year, my jail budget is three point five million and the majority of that can be attributed to methamphetamine and drug addiction
.
2004 Summary
The year is not quite over with, yet since 1992 not a word in any news article calls into question, what is the role of the Terre Haute Chief of Police. Doesn’t the Terre Haute Police Department arrest over 50% of the people that get tossed into the Vigo County Jail? Just maybe there is a video in the making…. “City police gone crazy” Maybe some wise reporter should ask…What are you doing, Chief, to hold down the jail overcrowding? So who’s paying for the jail again – (answer: The County) To wrap this up, Is meth really to blame for the overcrowding? Or could it be the very few meth offenders we have in our area are the ones sitting in jail the longest taken up space? If only 400 people in our community do meth and 250 get caught…I think those people could sit a long time in jail. When you add the fact that most are allowed no bail or bail so high they can’t get out you begin to see who occupies the most jail space. Therefore, due to all the meth heads in jail there is no room for any other criminals. Why do the meth addicts have to be so selfish, can’t they take turns and share the jail with other criminals?
In 2000 Judges were saying the court was backed up with 6 months worth of cases. I would think that could cause a huge ripple effect for everyone’s case to be heard. Additionally, when you combine all the re-occurring court related cases it begins to look like a never ending cycle of the same people.
However you slice it, the end result is clear, these news articles are only one source. Moreover, there are many sides to this overcrowding story that haven’t been heard. Conversely, the medias role in reporting is to report the news…. not their opinion. The review of theses articles found that most of the news reports were to the point without commentary. So, to that end it was clear to the author after a careful review I found no attempts by County leaders to conduct a future inmate population projection studies prior to building the new jail.
There were no news articles that cited local officials reviewed or conducted a nationwide or local jail/prison/arrest trend analysis prior to building the new jail. The review of news articles also reveled there was no mention of efforts by local officials to combine new jail funding together with other jail diversion programs. Foremost, some local officials lobbied for a labor effective new jail design to utilize fewer county jailers, but in the end, they received no support from other County leaders for the project.
A review of the news articles showed an ethically disturbing side to the news media. The media, most likely and unintentionally, nevertheless, consistently printed or aired incorrect jail information facts and figures about the type of jail inmate and inmate population / inmate demographics. This was due in part to local officials providing the media with “fuzzy” information, i.e. 85% percent of the people in jail are there on meth related charges. There’s no disputing inmates currently in jail are awaiting charges for meth /meth related charges. However, media personnel believe like the public that 85% of the people the police arrest day to day are booked in for meth…that is simply not the truth. There in lies the confusion.
Additionally, The media should have made some attempts to investigate the authenticity of any information released to them by County officials. Any information stated in the Trib-star reports should be verified.
Lastly, the news articles reveled that a local tax-payer organization and the Indiana Civil Liberties Union influenced and pressured the county commissioners and council members into selecting a current jail based on low building cost and not long term functionality for increased inmate population capacity.
