The Collegian

Issue date: 2/19/09 Section: News

Media Credit: Andrew Dodson Jail overcrowding forced officials to delcare a state of emergency four times in 2008 and six times in 2007.

Media Credit: Andrew Dodson

In Deputy Joe Wilmer's seven years at the Hillsdale County Jail, he has watched the county's crime rates for theft and drugs rise, one of the many offenses causing the jail to become overcrowded.

Overcrowding makes conditions worse for the prisoners, which makes his job harder.

"There is more tension with the inmates when things get too crowded," he said.

The jail's population has hovered at or above capacity for 35 days since Jan. 1. Officials would have declared a state of emergency yesterday if the population had not dipped below the legal capacity for just one day last week.

The law requires at least two guards per shift to complete several duties: distribute food and medication, booking, bonding, inmate movement, visitation and more.

"Right now I have people on the bench waiting to get booked," said Wilmer, who had just finished fingerprinting. "My partner is tied up doing visitation so I'm doing everything myself."

Wilmer said more employees would make operations at the jail more efficient.

Captain Ed Hodshire said the difference between housing eight to 10 inmates in the 10 person cells, compared to 12 to 15, is significant.

"The more we have to limit space the more tensions run higher," Hodshire said. "Theft increases; they still commit crimes in here, too."

Things such as meals, visitation and recreation mandated by the state do not change with increased population. Each inmate receives a prescribed caloric intake from meals designed by a dietician, as well as 15 minutes of visitation per week and at least one hour of recreation per day.

"We can only have 10 people in our [indoor recreation room], so with overcrowding people may get one hour of TV instead of two," Hodshire said.

Hodshire said, while the state mandates certain requirements upon county jails they steadily have removed funding and grants in order to balance the state budget in a failing economy. This leaves the counties to pick up the tab, Hodshire said.



Crowding drives early release

As of midnight Wednesday, the jail was one person above its legal capacity. In February, the jail has experienced a population above its legal limit for 16 days.

According to Michigan's County Jail Overcrowding Act, law enforcement officials must declare a state of emergency if the jail remains at or above capacity for 10 days in a row. A judge decides which prisoners to release until the population in the jail is lowered to 90 percent capacity.

Last Friday, the jail recorded a lower population at midnight - Hodshire quickly reminds the jail population fluctuates during the day - making them "good for another 10 days."

Hodshire said the more inmates released to relieve population stress, the more likely it is one of them would be a threat to society. He also said it places a strain on the courts and creates a "revolving door justice" system.

"When I look into overcrowding, I check the out dates," Hillsdale Circuit Court Judge Michael Smith said. "If I don't see any projected releases that's when I go through and say, 'Let's let so-and-so out.'"

Smith does not arbitrarily choose whose sentence to lessen. He said he looks at the amount of time served and severity of the crime. He said will reduce sentences for property or child support crimes, but sentences for violent criminals and drug and sex offenders are the last to be reduced.

Last year, the jail saw 1,993 inmates, with stays ranging about 21 days. Officials called a state of emergency four times in 2008 and six times in 2007.

Hillsdale District Court Judge Don Sanderson said he has seen the population within the jail grow in his 30 years as judge. In the 1990s, an extension was added to the jail, and at that time, Sanderson said, the county was renting the extra space to neighboring counties. Now the county uses all the space itself.



County to 'pick up pieces'

In a report released Jan. 22, Gov. Jennifer Granholm proposed a series of changes to the state prison system, including releasing prisoners who have served their minimum sentences. The changes would shave $262 million off Michigan's $2 billion budget by 2015.

Though they only apply directly to the prison system, Hodshire said county jails will feel the repercussions.

"Guess who will be there to pick up the pieces," he said. "It's an effort to reduce the state budget, but the counties will pick up the pieces."

Smith said Granholm is just balancing the state's budget - not necessarily thinking about the interests of public safety.

"Those people are there for a reason," he said. "These people are coming out and there are no jobs for them. What are they going to do? I think a number of them will recommit and go back through the system."

Sanderson said some people in the prison may not pose threats to society, such as a prisoner charged with possession of drugs without intent to sell.

Unlike state prisons, which are federally funded, the county jail's budget comes from the constituents' taxes. That's why the recent economic downturns have hurt the jail's budget.

"The more people lose their jobs, homes, property, the less revenue there is coming into the county," Hodshire said.

Overcrowding also means spending more on inmates' food and medications, and on electrical and water bills, Hodshire said.

He said the number of inmates recorded each day can be misleading. The staff reports the jail count at midnight, so the reports don't account for inmates coming and going during the day.

Wilmer said on Feb. 21 the jail housed 70 people when he arrived at work, was up to 78 by 1 p.m. and down to 67 by 4 p.m.

"This is part of the strain," Hodshire said. "These were all people we had to feed."

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