The Real Cost of Prisons Weblog

Most people accused of breaking the law are able to come up with money to make bail and remain free while awaiting trial. But many poor people can’t. Instead, they await their trial in jail, sometimes serving out 30-day sentences for minor violations.

“I feel like there are a lot of them that can’t make bail,” said Lexington County Sheriff James Metts, who runs the county jail. He said it’s not because bail is set too high — it’s just too high for them. The inmates and their families don’t have the money or resources.

“We know who a lot of these people are,” he said. “A lot of those would probably be in the magistrate court.”

These are the people who habitually commit minor crimes and can never pay their low bails. “I call them the lifers (who serve) 30 days at a time,” the sheriff said.

This phenomenon is one of a number of contributors to jail overcrowding. Others include the backlog of court cases and increasing numbers of jury trials.

Overcrowding at the Lexington jail was thrust into the spotlight recently when State staff writers Rick Brundrett and John O’Connor wrote about the backlog of cases in the 11th Circuit solicitor’s office. In February 2004, Solicitor Donnie Myers wrote that his office had “roughly 9,000” pending cases. By June’s end, Mr. Myers’ office had more than 8,500 cases pending. Mr. Myers has said property, drug and violent crimes make up the backlog, but he didn’t provide a breakdown of the types or ages of the cases.

The backlog isn’t a surprise. Unfortunately, many counties —particularly the larger ones — have hefty backlogs. There simply aren’t enough courtrooms, judges, prosecutors or public defenders to keep pace. Clogged court systems perpetuate jail overcrowding as the number of inmates awaiting trial climbs.

On Aug. 2, 391 inmates were being held at the Lexington County jail awaiting trial in General Sessions Court. Another 86 were awaiting trial in magistrate’s court. That means 60 percent of the 798 inmates at the jail were awaiting trial.

The 798, which also includes federal prisoners and people serving sentences for Family Court and criminal violations, are well above the jail’s capacity of 682. Mr. Metts has said there have been more than 900. The average stay for those awaiting trial is three years.

Many of those awaiting trial are there because they’re potential threats to the community or possible flight risks. Judges either set those inmates’ bonds high or deny them bail altogether.
“The hard-core criminals, they need to be in jail,” Mr. Metts said. But he said there are inmates in jail who could be diverted elsewhere through alternative programs to ease overcrowding.

He’s right. As counties work to alleviate jail overcrowding, not only should they continue efforts to make sure bonds aren’t too high, but they must determine whether there are categories of people who should be housed elsewhere. For example, it doesn’t make sense to have someone with a drinking problem spend 30 days at a time in jail for public drunkenness. They should be in a place where they can get help instead of taking up jail space.

Sheriff Metts said his department has a policy of not jailing people on minor charges. While someone accused of DUI or domestic violence is taken to jail, a person charged with violating the open container law receives a summons to appear in court.

“We try to cut people loose when we can,” Mr. Metts said. He said the jail population would be lower if municipalities and the Highway Patrol didn’t jail people for minor violations.
Mr. Metts said men serving sentences for failure to pay child support play a role in overcrowding as well. While they’re locked up, the amount they owe continues to climb. “They just can’t get out because they owe too much money,” he said.

Often, the men lose their jobs. When they do get out, they’re in a deep hole with no income. Some end up back in jail.

Many counties, including Lexington and Richland, have spent countless dollars and formed task force after task force in an effort to ease jail overcrowding. They’ve done everything from asking judges to reduce bonds as much as possible to building more jail space. But there is no permanent fix.

Sheriff Metts said tougher legislation, such as the two-strikes law, and tougher sentences help crowd jails. Because many face long sentences, “a lot of people aren’t pleading guilty like they used to,” he said. “They’re holding out for jury trials.”

Lexington has reduced jail population in the past. But every time things seem under control, momentum is lost. The county is working again to assemble a jail committee. Also, County Council members have said they must address jail overcrowding soon.

Because most jail inmates haven’t been convicted, jail staff must be careful in handling them. “They’re still cloaked with that cloak of innocence until proven guilty,” Mr. Metts said. “There are a lot of rights they don’t give up because they’re in jail.”

Those in jail awaiting trial should get priority when it comes to scheduling trials. As it is, cases involving people who are free because they could afford to post bond often get heard more quickly.

The poor remain locked up, forced to wait with those deemed a danger to others and flight risks.
“Nobody seems to care about the ones in jail except for us, who have to,” Mr. Metts said.
Reach Mr. Bolton at (803) 771-8631 or wbolton@thestate.com.
© 2005 The State and wire service sources. All Rights Reserved.

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