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CRIMINAL JUSTICE SYSTEM STUDY

What causes jail overcrowding?

There are two conditions that affect overcrowding: (1) The number of people brought to jail and (2) their length of stay. The number of people brought to jail is affected by the use of alternatives to incarceration, as well as by the growth of crime. For example, not all persons apprehended for low-level offenses need to be booked into jail, some can be given a field citation or diverted to a community alternative, such as a mental health resource. However, apprehension policies differ from county to county and within law enforcement agencies of a single county. Varying attitudes about the use of jail confinement also can be found in prosecutor's offices, courts, and probation departments. Of course, as county populations grow, even highly efficient criminal justice systems will experience the need to expand jail capacity. The goal is to adequately explore alternatives to incarceration and, thereby, avoid building costly jail space earlier than needed and with greater capacity than required.

The second condition, length of stay, is often overlooked as a condition that unnecessarily inflates a jail’s population. Since the majority of jail inmates (often as high as 80% of the jail population) are unsentenced, the length of stay is affected by the speed with which cases are processed at different points in the system. Ways to make major improvements in case processing, without adding more staff, are possible in most criminal justice systems and without great cost. (Additional information is provided in this article: “Jail Bloating: A Common But Unnecessary Cause of Jail Overcrowding.”)

Allen Making Presentation to Panel of County Commissioners

Why consider a criminal justice system study?

Often a quick reduction in the jail population can be obtained. That equates to dollars saved in construction costs. Many times, but not all, the need to immediately plan a new facility can be delayed. This is generally the case if the need for additional jail space has recently arisen. Also, a criminal justice system study cannot offset the need to replace worn-out facilities. However, the astute county commissioner should keep in mind that "it is difficult to build your way out of an overcrowding problem." The development of an inmate growth management plan should be developed to accompany the construction of jails in medium and large counties. (See this article: “Example of How We Rapidly Reduced a Jail Population.”)

Keep in mind that the simple practice of projecting future jail needs from historic data only looks at the past, as if you were driving down the road looking in the rearview mirror – You are likely to overlook many important issues, such as emerging new trends and how past trends could be altered by making changes in the criminal justice system.