Pubdate: Fri, 07 Nov 2003
Source: Elizabethton Star (TN)
Copyright: 2003 Elizabethton Newspapers, Inc.
Contact:  http://www.starhq.com
Details: http://www.mapinc.org/media/1478

OVERCROWDED JAIL CHALLENGES LOCAL OFFICIALS

Two former Carter County jail inmates have filed a federal civil rights 
lawsuit against the county and Sheriff John Henson, alleging they failed to 
correct inhumane conditions at the overcrowded jail.

The lawsuit seeks a court order to force the defendants to eliminate 
crowding and improve conditions plus damages caused to the prisoners.

Prisoners at the jail need to be reminded that the Carter County Jail is 
not the Holiday Inn. But, at the same time, county officials have an 
obligation by law to the prisoner as well as deputies who run the jail.

The Carter County Jail's capacity is 91 inmates, but has had an inmate 
population as high as 240, forcing prisoners to sleep on the floor, in the 
hallway and elsewhere, the lawsuit alleges. Inmates are regularly crammed 
beyond the jail's capacity.

Overcrowded, inadequate county jails are not unique to Tennessee -- 30 
percent of the nation's county jails are packed beyond capacity, according 
to a study released in 2002 by the U.S. Department of Justice.

Overcrowding is just one problem the jail faces. Last month, consultants 
Barge, Waggoner, Sumner and Cannon Inc. told county officials the cramped 
20-year-old jail violated a host of building codes. They say the building 
has problems with plumbing, ventilation, heating and cooling, a leaky roof, 
and cracked concrete.

It is a problem that challenges Carter County officials. Making matters 
even worse, the county is constrained by a floundering economy and the 
resultant reduced tax revenues which leaves little money for a new jail or 
needed improvement.

All these factors spell trouble for Carter County. Overcrowding means a 
higher risk of violence and escape attempts, more potential for health 
problems, and much greater stress on jail employees. Crowded jails also 
pose a threat to the inmates -- many of whom have never been convicted of a 
crime. Placing non-violent offenders such as small-time drug users in 
crowded jails also tends to push them toward an even more criminal 
attitude. To avoid those types of consequences, the county must find 
funding for a larger jail or make arrangements to house inmates in area 
jails, which County Mayor Dale Fair said he is exploring.

It also might be a good time for the Tennessee General Assembly to revisit 
and adjust guidelines for sentencing and for parole and probation. County 
jails across the state are full of offenders serving longer sentences due 
to mandatory sentencing laws, stiffer penalties for domestic violence and 
drunken driving and rocketing use of methamphetamine. It is these offenders 
who are commonly blamed for overcrowding.

Alternatives might include drug courts, enrolling non-violent offenders in 
programs like day treatment centers, or having them complete community 
service. Those who violate probation can be dealt with administratively, 
instead of tying up judges and courts.

Carter County, like most jails in Tennessee, struggles to keep up with 
demand. Even the best solutions at present are merely stopgap measures that 
leaves the county exposed to more lawsuits, violence and headaches.

The county jail by nature is one of those things that is out of sight, out 
of mind. The general public, as well as many commissioners, do not 
understand the mandates and requirements of running a jail and the expense 
that goes with it. Jails have a far greater significance in our communities 
than most of us realize. They are a primary responsibility for local 
governments. They are a critical component of the criminal justice system, 
and they play an integral role in providing safety and security in our 
communities. Jails cannot choose whom they will accept. Jails must take all 
arrestees brought to their door, no matter what their condition, attitude 
or frame of mind.

The bottom line is that if Carter County doesn't solve the overcrowding 
problem at the jail, a federal judge will solve it for them, which will not 
be in anyone's best interest.
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MAP posted-by: Keith Brilhart