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.