Pressure is on Vigo County; plaintiffs attorney tours overcrowded jail

Oct. 24--With a pen and notebook, as well as a camera, Indianapolis attorney Michael Sutherlin toured the Vigo County jail on Monday.

After the tour, he voiced concern of a lack of space for inmates to meet privately with attorneys. Also, some areas of the jail seem to have better ventilation than others., he said.

"Unless they don't read state jail reports, [Vigo County officials] have been put on notice with great detail what the problems are. So, how do you excuse that behavior? You shouldn't." Sutherlin said. "You should not excuse that lack of leadership."

In October 2016, Sutherlin filed a class action lawsuit on behalf of inmate Jauston Huerta and all current and future inmates of the jail, claiming the jail population regularly exceeds a 268-inmate cap set in 2002 to settle another class-action complaint regarding overcrowding.

Sutherlin alleges unconstitutional conditions in the jail such as lack of inmates meeting privately with attorneys on regular basis; substandard inmate classification and segregation; inadequate space for recreation; lack of educational programs; and denial of psychiatric and mental health services.

On Monday, Vigo County jail had 272 inmates (four above a court-mandated capacity of 268), with 28 in other county jails.

The issue of the county jail and how to fund its replacement has stirred concern, resulting in the Vigo County Council delaying a vote on increasing a local income tax aimed at funding a new jail as well as increasing support for public safety agencies including police, fire and dispatch.

Vigo County Judge Michael Raider today goes before a council committee to seek funding for a criminal justice system study, which could take 90 to 120 days.

Sutherlin said he thinks Vigo County can implement an income tax increase for a new jail, adding the current jail was originally constructed in 1981, then expanded in 2002.

"It needs to be really drastically remodeled or replaced," Sutherlin said of the jail. Vigo County, Sutherlin said, is "dealing with some demographics with an increase in opioid addiction and crime and it does need a bigger jail. What size, I leave it to them to make that decision, I leave it to them to decide on what programming.

"If they are looking at the latest [correctional] standards and latest insights into changing behavior and diverting people from their drug habits, just locking them up and hoping the time in jail changes their minds isn't working," Sutherlin said.

"I am glad the community is talking about this," Sutherlin said. "They should have gotten involved in this whole idea about 20 years ago. Better later than never, but this community is coming around to thinking that if they are going to have a new jail, it better be built with programming that deals with the inmates' problems and tries to figure out a way to lessen the recidivism," Sutherlin said.

Sutherlin said he filed a lawsuit as the county has not dealt with its detention problems.

"If you look at the history of this jail, they found one excuse after another to do nothing for the past 15 years," Sutherlin said. "What about inmates sleeping on the floor. There has been talk and no action," he said.

New jail possibly 5 years out

Craig M. McKee, attorney for Vigo County Sheriff Greg Ewing, said the sheriff will likely have to manage how to deal with an overflow of inmates for the next five years. McKee toured the jail with Sutherlin and Ewing, along with Vigo County Attorney Michael Wright.

Even if the Vigo County Council were to implement an increased income tax yet this year or in January, the collection of the increased tax would not start until Oct. 1, 2018, Wright said.

McKee said a full year of funding would not be collected until October 2019 and would require an additional 30 months to complete design, bid and build a new jail.

"It doesn't sound like there will a green light until other concerns are resolved, which sounds like it will take several months and no funding until those concerns are addressed," McKee said, referring to a proposed study.

"I am very confident the sheriff is supportive of work release, community corrections, better mental health care and more prosecutors and more public defenders, all of which might have some impact on jail population," McKee said. "Meanwhile, 40 people were booked into the jail this weekend and the sheriff has to find something to do with some number of those 40 after they make initial appearance in court," McKee said.

"The concern that I have on the sheriff's behalf is the opposite of doing nothing isn't nothing," McKee said. "By not moving forward, and making the prospect of a new jail probably a five-year mission, that means this is our jail for five more years. We are running out of places to out place inmates" into other jail facilities, McKee said.

Additionally, McKee said the county in the future could face more costs with housing inmates in other counties. McKee said there could be legislation proposed to increase the cost of housing inmates from $35 per day to $55, "that's if you can find a bed," he said.

The federal lawsuit, McKee said, could result in a judicial decree which would not allow the county to hold more than 268 inmates for any reason and if violated, could result in fines and penalties.

"You hope for better, but 40 years of poverty, ignorance, dropping out of school, using drugs and engaging in violence against your family members produces this," McKee said of the larger number of people in jail.

"That is just real life. I am not confident that if we get every good thing that well-meaning people pose, that we can change that trajectory in less than 20 or 25 years," McKee said.

Reporter Howard Greninger can be reached 812-231-4204 or howard.greninger@tribstar.com. Follow on Twitter@TribStarHoward.

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