With Jail Project On Verge, Lawyer Makes Plea

(Lawrenceburg, Ind.) - Critics of a jail expansion in Dearborn County continue to speak out as the project nears approval.

Dearborn County Council will take up the decision of whether to fund an estimated $8.4 to $9.3 million dollar cost expansion of the Dearborn County Law Enforcement Center next Tuesday, November 22.

The plan which includes 120 new beds was forwarded to council after county commissioners voted 2-1 in favor earlier this month. In addition to the new beds, the expansion would include a larger intake area, create more space for the sheriff’s department offices, and renovate part of the current jail into a work release center.

Defense attorney Doug Garner, a partner at Zerbe Garner Miller Blondell LLP in Lawrenceburg, first began taking his concerns with the project public in June.

Garner has written a new editorial to local news outlets this week titled “County Officials Refusal to Consider Alternatives Will Cost Taxpayers.” In it, Garner states that less expensive, more effective alternatives to incarceration are underutilized by the county prosecutor and judges.

“The jail expansion is a direct result of the Prosecutor’s and Judges’ failure to change policies that caused the jail overcrowding dilemma. They would rather throw county taxpayers’ money at the problem and lock more people up than admit current strategies are not working and seek new solutions,” Garner states.

Garner claims it has been local practice over the past 20 years to jail offenders before and after their trials.

The lawyer said too many people are held at the jail on high bonds, and low level felony offenders should be given treatment instead of prison time. According to Garner, over 67 percent of prison inmates reoffend within three years of release, while the number of reoffending convicts who receive appropriate treatment declines 30 percent.

“Contrary to local thinking, ‘a taste of prison’ is not helpful in reducing recidivism. Sending offenders to prison for a few months does not increase the chances they will stay out of trouble. It does the opposite,” Garner said.

“Dearborn and Ohio Counties share a prosecutor and a judge and are leaders in Indiana in sending people to the Department of Corrections (DOC). Dearborn County and Ohio County are 6th and 3rd respectively out of 92 counties in sending people to the DOC for low-level (Class D) felony convictions. With more jail space, more people will be held in jail longer locally,” Garner wrote.

Ohio County does not have a jail, but outsources its inmates to the jail in neighboring Switzerland County.

In imploring county officials to try something difference, Garner said if they were truly concerned about protecting the community from crime, they would be proposing spending more money on appropriate treatment for low level offenders.

“Eight million dollars in building costs and likely over one million per year in operating costs for an expanded jail would fund a lot of treatment,” he said.

Dearborn County Prosecutor Aaron Negangard told Eagle 99.3 he will issue a response to Garner's editorial soon.

County Council’s Tuesday meeting will begin at 6:30 p.m. at the Dearborn County Administration Building in Lawrenceburg.

Here is the complete text of Garner's editorial:

Re: County officials’ refusal to consider alternatives will cost taxpayers.

To The Editor:

The jail expansion plan has been approved by the County Commissioners and is set to be voted on by County Council on November 22nd at 6:30 p.m. It will cost county taxpayers at least eight million dollars to build and millions more to operate. The jail expansion is a direct result of the Prosecutor’s and Judges’ failure to change policies that caused the jail overcrowding dilemma. They would rather throw county taxpayers’ money at the problem and lock more people up than admit current strategies are not working and seek new solutions.

Less expensive and more effective alternatives to incarceration are underutilized by our Prosecutor and Judges. The primary response over the past 20 years has been to lock offenders up, both pretrial and after conviction. Dearborn and Ohio Counties share a prosecutor and a judge and are leaders in Indiana in sending people to the Department of Corrections (DOC). Dearborn County and Ohio County are 6th and 3rd respectively out of 92 counties in sending people to the DOC for low-level (Class D) felony convictions. With more jail space, more people will be held in jail longer locally.

Holding offenders in jail and sending them to the DOC for short periods of time is ineffective in preventing future crime, wastes money and ruins lives. “Lock them up and throw away the key” might be a popular campaign slogan, but it does not protect our community. The maximum sentence for a D Felony is three years. It is often served in 1 ½ years with good time credit. This means D Felony offenders will be released and be back in our community in a short period of time. Contrary to local thinking, “a taste of prison” is not helpful in reducing recidivism. Sending offenders to prison for a few months does not increase the chances they will stay out of trouble. It does the opposite. Over 67% of prison inmates reoffend within three years of release. Appropriate treatment reduces recidivism by more than 30% over those receiving no treatment.

A felony conviction and no treatment increases the likelihood an offender will be involved in new criminal behavior. If our county officials were truly concerned about protecting the community from crime, they would be proposing spending more money on appropriate treatment for low level offenders. Eight million dollars in building costs and likely over one million per year in operating costs for an expanded jail would fund a lot of treatment.

Since 1980, the number of incarcerated Americans has quadrupled. We have the highest documented incarceration rate in the world at 754 per 100,000 people. Albert Einstein reportedly said, “Insanity: doing the same thing over and over again and expecting different results.” It is time to try something different in Dearborn County.

Very truly yours,

Douglas A. Garner

LINKS:

Commissioners Pass Jail Plan To Council

Lawyers Want Court Changes, Not Larger Jail

Lawyers Argue Against Jail Project

VIDEO: Dearborn County Pushing For Jail Expansion

Dearborn Jail Funding Ideas Given; Cost Up To $14.8M

Price Of Jail Expansion Comes Close To Referendum