As Marshall County officials continue to consider a major expansion of the jail facility, they conducted a special evening meeting on Monday that was information only. Council president Judy Stone told those in attendance, “No official action will be taken tonight.”
Several guests were invited to present to the council and the public during the more than two-and-a-half hour meeting.
County Attorney Jim Clevenger said a total of 16 lawsuits have been filed in Federal Court against the county, claiming overcrowding in the jail. Each of these lawsuits seeks monetary damages ranging from $15,000 to $20,000. There is also a ACLU lawsuit that is only requesting the county to reduce the population in the jail without any monetary damages, although the county could be responsible for their lawyer fees.
Marshall County Sheriff Matt Hassel said a good portion of the increasing jail population is caused by opioid and meth addiction and House Bill 1006 which requires the county to house convicted level 6 felons. While today’s population in the jail was 250, the record number is 308. The Sheriff said of the 250 in the jail on Monday, 48 are serving time and the rest are pretrial or holds. That means 75% of the population is waiting for the court process. He also said only 20 of those waiting are misdemeanors while the remaining or 92% are charged with felonies.
Sheriff Hassel said the female population of the jail is also increasing. It had been 10 to 12% of the total population and now it’s up to 25%. The other statistic he said was that 65 to 70% of those in the jail are from out of county.
Marshall County Prosecutor Nelson Chipman said, “This is a complex issue with a target the continuously moves.” He presented detailed booking information for October, November and December and said there really is no huge increase of people coming to the jail, they are just staying longer.
Looking at the reasons for being booked into the jail, Failure to Appear has topped the list the last two years and before that it was number two. He noted that Marijuana offenses are gradually declining.
Chipman also commented on surety bonds telling the crowd of more than 75 that the judges stopped the use of them about 20 years ago. He said they noticed an increase in the request for public defenders because they had used all their money for the bail bonds. The prosecutor continued saying, “when cash bonds are required it gives them (inmates) more skin-in-the-game.”
Jim Bendy, Chief Probation Officer said his department is currently working on Trail Rule 26 which went into effect on January 1st. While implementing the new assessments, only three people have been released without a bond. He said they just aren’t’ seeing the results other jurisdictions are seeing.
The probation department is also working to move cases thought the court system speedier by completing pre-trial and pre-sentence investigation quicker, thus helping to alleviate the overcrowding issue in the jail.
Bendy also noted that there are 1,058 on probation with more than 60% of them from outside the county and state.
Council members and the public had to opportunity to ask questions with each presentation.
Former County Commissioner Cliff Allen said this is the same problem the county was experiencing in 2000 when it was decided to build a new bigger jail. He said there needs to be more done to help cure inmates or solve their problems so they don’t become repeat offenders. He urged more programming in the jail and after.
