Operational capacity at the Grant County Jail is now considered maxed out at 274 inmates.
The Grant County Board of Commissioners passed Resolution No. 1-2026 during the Jan. 5 regular meeting. This resolution sets the maximum capacity at the jail to 274 inmates and requests that the Grant County Sheriff not exceed this housing number.
County attorney Marty Harker explained during the Jan. 5 meeting why this measure was put in place.
“The purpose of this resolution is to ask the Sheriff to keep the jail at that capacity and to request that the council appropriate funds necessary to transport and house inmates outside of Grant County,” he said. “The purpose of this is to keep the capacity down.”
Although the current housing limit is 274 inmates, there have been times when the inmate count has exceeded 300, according to Harker.
“The commissioners are committed to minimizing the risk of a federal lawsuit,” Harker said. “Given the fact that should the (County) Council determine their new jail is authorized, it’s going to be a couple years.”
He continued, “Before that occurs ... the commissioners believe it’s important to take all the steps necessary in order to keep the overcrowding at the minimum.”
A deeper dive into the resolution
The commissioners have put this resolution in place to address ongoing overcrowding at the jail but also safety and legal concerns.
“Grant County Commissioners and the Sheriff were previously named as defendants in federal litigation concerning allegations of jail overcrowding, which resulted in a settlement agreement that expired several years ago,” the resolution states. “The Board of Commissioners finds that restarting compliance with certain terms and conditions set forth in the settlement agreement is in the best interest of Grant County.”
The document also says setting the 274-occupancy limit can help prevent overcrowding and maintain compliance with facility design, staffing and safety requirements.
Along with setting the occupancy limit, this resolution asks the Sheriff to transfer and house inmates to facilities outside of Grant County once the maximum number is reached.
“If the population exceeds 274 for over 24 hours or three times in a week, the population should be reduced,” the resolution reads. “Stakeholders should be notified, and inmates should be transferred to other facilities. Prisoners without permanent beds should be provided with temporary bedding off the floor.”
This resolution also requires the County Sheriff to submit monthly population reports to the Board of Commissioners and the County Council.
Under the terms of this document, the commissioners have asked that the County Council appropriate “the necessary funding” for the Sheriff to transfer inmates out of Grant County and keep the jail population under 274.
Commissioner Ron Stewart moved to pass this resolution during the Jan. 5 meeting, with a second by Commissioner Chuck Poling. It passed 3-0.
At the request of Sheriff Del Garcia, the commissioners approved Ordinance No. 2-2026, which gives the Sheriff the authority to charge and collect from inmates the maximum per diem incarceration fee the law allows.
Currently, the maximum fee is $30.
Along with establishing the fee amount, this ordinance also “ensures compliance with state law regarding reimbursement for incarceration costs.” The county attorney can pursue collection of amounts owed if the Sheriff cannot collect the amounts due.
According to the ordinance, the per diem charge will apply to any person who is:
• Sentenced for a felony or misdemeanor
• Subject to lawful detention in the county jail for more than 72 hours
• Not a member of a family making less than 150 percent of the federal income poverty level
• Not detained as a child subject to the jurisdiction of the juvenile court
• The ordinance also allows this fee to be adjusted “to reflect any changes in the maximum allowable amount under Indiana law.”
Funds collected under Ordinance 2-2026 will be used for county jail or juvenile detention center operations, as well as for construction, repair, remodeling and equipping of these facilities. These moneys can also be used for the cost of care, maintenance and housing of prisoners, including those in other counties.
“We believe this is an appropriate ordinance for the Sheriff to have,” Harker said when presenting this action item on Jan. 5.
President Shane Middlesworth said this is the beginning of the process.
“I think there’s probably some more details behind this ordinance, but this is step one,” he said.
After Commissioner Stewart moved to approve the ordinance and Commissioner Poling second, this passed 3-0.