State: Delaware County could face lawsuit over jail

Keith Roysdon | The Star Press

MUNCIE, Ind. — A state jail inspector says if Delaware County doesn't do something about its outdated, overcrowded jail, a lawsuit is sure to happen.

"If they don't decide to build a jail, they're going to face a class action lawsuit, from inmates, or it could be from the staff," Chance Sweat, an Indiana Department of Correction jail inspector, said.

But Sweat told the Star Press that he doesn't agree with every element of the jail plan underway by the county commissioners.

Sweat is responsible for getting the ball rolling on a new jail in Delaware County. In August 2017, Sweat wrote to local officials after he conducted a jail inspection, warning that the county faced a critical incident with the jail in the Justice Center.

State jail inspector says Delaware County’s jail is lawsuit waiting to happen "If they don't decide to build a jail, they're going to face a class action lawsuit, from inmates, or it could be from the staff.”

Sheriff Ray Dudley and the commissioners, the latter having authority to build a jail, cited Sweat's letter in proposing a new jail. Dudley favored a plan that would see a jail built in a county shell building on the city's southwest side. But the commissioners favored, and are moving ahead with, a plan to locate a jail in the former ASONS building, also the former Wilson Middle School, on the far south side. They bought the building for $2.9 million.

The commissioners have hired an Indianapolis firm, BW Development, which has put together a jail-building plan that says a jail with 500 to 750 inmate beds can be built in the former ASONS building for $45 million.

The current jail, opened in 1992, was built to satisfy an inmate lawsuit in federal court. It was judged too small almost immediately: It was built with 110 inmate beds and now has 221 beds but is regularly overcrowded. When Sweat last inspected the jail, on May 10, it housed 282 inmates. Others are housed out of county or released through various supervised programs.

Sweat's comments this week followed The Star Press' question, "What would happen if the county didn't build a jail?" Individuals and groups have argued that the county doesn't need a new jail but instead needs better drug rehabilitation programs. Others object to turning a school into a jail, although the building, opened in 1995, hasn't been a school for several years.

The current jail is not just a lawsuit waiting to happen; Sweat's inspection report, obtained by The Star Press, says the county jail is not compliant with state law 3-1-18, which requires the proper classification of inmates.

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For the most part, Sweat gives the jail, operated by correctional officers and supervisors working for Dudley, passing grades. There's training and development for employees, a fiscal plan, one toilet and shower for every 12 inmates and hot and cold running water in each cell.

"Is there a bed for all incarcerated inmates? No. Jail exceeds rated capacity," Sweat's report notes.

The issue besides the lack of jail space and lack of ability to properly classify prisoners because of it, according to Sweat's report, is the county's lack of action.

"Is there sufficient jail personnel present in the jail to provide adequate 24-hour supervision of inmates?" "No. Council and commissioners have failed to work with sheriff to properly address correctional officer staff shortage." The jail has 69 correctional officers, although Dudley has asked county officials for funding for several more.

Sweat addressed other issues in his report, including the lack of adequate size of the kitchen due to "work not being completed in a timely manner by county commissioners, who are responsible for county-owned buildings."

"Strongly recommend immediately reducing facility population to comply with (state law). The inability to properly classify and segregate (because of overcrowding) will lead to a critical incident in the jail.

"The jail is operating over rated bed capacity," Sweat noted, recommending more use of the county community corrections program that alleviates overcrowding.

Sweat also recommended a body scanner machine to detect contraband and an upgrade to hinges on cell doors, a problem for decades. He faults the commissioners for failing to do this "in a timely manner."

Commissioners President James King has scheduled an Aug. 22 tour of the jail and former ASONS building for officials to "give insight as to the current jail and court conditions and will hopefully present a vision for what the new facility can do for our community."

Sweat oversees inspections of jails in 44 of Indiana's 92 counties. He said there were "quite a few jails in Indiana facing the same predicament. If it's not somebody today, it'll be somebody tomorrow."

He said most of the jails he inspects were built as long ago as 1985, or more commonly in the 1990s, like Delaware County's jail, which opened in 1992.

The current jail in the Justice Center was built to satisfy a 1978 inmate lawsuit over conditions in the previous jail.

Sweat said a combination of issues — overcrowding, under-staffing, the aging condition of the building and its physical plant — are causing problems.

Between the shell building that had been favored by Dudley and the former ASONS building selected by the commissioners, Sweat said he favored the shell building, noting that the former middle school, which opened in 1995, is nearly as old as the Justice Center, which opened in 1992. Dudley has also said he could see a jail being built downtown.

Sweat said he hopes the county follows through and establishes a new jail.

"It's better for them to approve a jail build at $20 million to $30 million than the federal government coming in," he said. "(Counties) lose these (inmate) lawsuits.

"You've got to learn from your history."

Keith Roysdon is the government watchdog reporter for The Star Press. Contact him at 765-213-5828 and kroysdon@muncie.gannett.com.