Jail overcrowding has been a longstanding problem in Porter County over recent years.  Most recently, the Sheriff, David Lain, pleads with the County to open, and consequently fund, the third pod of our 3-pod jail facility.  (See Northwest Indiana Times article,  “Porter County Sherriff Again Urging Response to Jail Overcrowding” 2 May 2012; Post-Tribune article, “Sheriff: Porter County Jail Overcrowded, Understaffed, 2 May 2012; Chesterton Tribune article, “Sheriff Lain Warns of Unsafe Overcrowding and Liability at Jail”, 2 May 2012.

First of all, this problem is extremely complex, and no single solution will provide a complete fix.  But one aspect of the overcrowding problem that is not being discussed is the fact that we are unnecessarily incarcerating too many people.  Only where people pose a threat to society (or paying their debt to society) should they be held in custody.  Common examples include possession of marijuana, underage drinking, public intoxication, disorderly conduct, and the like.  These people, while not always the most desirable sort, do not pose a significant risk to the society of Porter County at large.  In my experience, defendants in these cases are often held for thirty (30) days or more before 1) either posting a cash bond (which most in that situation do not have access to), or 2) getting before a judge to reduce the cash bond requirement.

Even a larger problem is defendants who are held without bond by judges for their failure to appear.  I have encountered numerous defendants in Porter County held fifteen (15) days or more–WITHOUT BOND–for their failure to appear.   Offenses range from the more serious crimes, all the way to driving while suspended (nearly always the result of failing to appear for traffic infractions).  While I understand that the courts must be taken seriously, and I understand that we do need some incentive for making appearances when ordered, being held without bond for fifteen (15) –and in a few cases in excess of forty five (45) days–is excessive.  In fact, I have argued on repeated occasions that this is a violation of the defendant’s Eighth Amendment Right against cruel and unusual punishment.

I think releasing non-violent offenders, reducing sentences for non-violent offenders, lowering bonds, and ceasing holds on failures to appear will reduce the overcrowding significantly.  I am not saying here, however, that this will completely solve the problem.  In my opinion, it could relieve some of the burden upon the county to prevent unnecessary monies being spent and resources being expended.

What do you think, Porter County?