Population cap set to expire at Monroe County Jail

A mandated population cap was placed on the Monroe County Jail in 2009. The cap resulted from a lawsuit that cited that inmates were subjected to unconstitutional living conditions at the jail due to frequent overcrowding.

On Oct. 1, that cap will expire.

The consequences of this expiration are still unclear.

Mike Pershing, chief deputy of the Monroe County Sheriff’s Office, said attorneys on both sides of the lawsuit are reviewing the federal suit, but a decision has not yet been made on whether the cap will be renewed.

Pershing said the jail has been updated so there are enough beds to facilitate the inmates’ needs.

But local advocacy organizations, like Decarcerate Monroe County, worry that without a cap, the jail will again overcrowd and cause inhumane conditions.


If the cap is not renewed
The sheriff’s department will still work toward reasonable population rates.

Earlier this month, the judges of the Monroe County Circuit Court helped them do that. The court issued an order that those charged with non-violent misdemeanor crimes can be released from jail without having to post bond.

DMC said while this order is a step in the right direction, there is much more that can be done to reduce the jail’s population.

“The perpetuation of locking people up doesn’t in any way work towards reform,” said Lindsey Campbell-Badger, Ph.D. student and member of DCM.

DCM has released a report titled “Our Community Justice System: Practical, Local Solutions,” filled with suggestions to minimize incarceration. These include shortening sentences, setting bail at reasonable prices and reexamining what constitutes arrest.

But Pershing maintains that offenders are incarcerated to protect the community.

“The Monroe County Jail is not a correctional facility,” Pershing said. “Our job is to keep the community safe.”

If the cap stays in effect
If the attorneys decide to renew the population cap, the maximum jail population will remain at 278, with 248 “secure” beds (for inmates staying more than a few nights).  

When the population nears this number, the criminal court judges release inmates to keep the number down.  

Talk of a new jail has been in the works since before the cap was instated.

“A day will come when our facility will be outdated to the point where we will have to do something about it,” Pershing said. “But for now, we are managing in the best possible way so as to not place a financial burden on the community.”

DCM members maintain that even if funds were available for a new jail, more beds would not make the community safer.

Campbell-Badger said that in many situations, such as when families are separated, incarceration makes the community unstable.

“For example, when you put a father into jail because he doesn’t have the funds to pay his child support, you eliminate his chances of getting a job and supporting his kids,” Campbell-Badger said. “The family becomes far more vulnerable, and the community becomes less stable.”

DCM members say they hope the county will consider the alternative justice programs, such as education and rehabilitation, in future decisions regarding the jail.

The group will have a parade, “Get Loud! De-Crowd!” at 11:00 a.m. Oct. 1 to educate the community about the expiration of the population cap, the conditions of the jail and incarceration’s impact on the community.