Sheriffs seek more cash from Indiana to house low-level felons in crowded county jails

At the same time, it could cost counties with overcrowded jails – Vigo County in particular – even more to house the overflow of convicted felons in other counties.

The Indiana Sheriff’s Association is supporting a $20 increase to the long-standing state rate of $35 per day for every Level 6 felon housed in a local jail. 

The rate increase was proposed to state legislators last week. Hendricks County Sheriff Brett Clark, who has served on the sheriff’s association legislative committee, testified before a summer study committee about the need for the rate increase and its fiscal impact.

It’s been at least 30 years since the $35 amount has changed, according to the sheriff’s association, which notes that other states and the federal government pay an average of about $55 per day per inmate.

Indiana law changed around 2016 to require individuals convicted of Level 6 felonies – less-serious, non-violent crimes – to serve their sentences at county jails instead of state prisons.

With an average of 2,250 Level 6 felons now housed in county jails around the state on a given day, that $20 increase would amount to about $45,000 per day.

For counties that house an average of 20 Level 6 offenders, that $20 per day comes out to an additional $400 per day, or about $146,000 more during a year.

Sullivan County

Sullivan County Sheriff Clark Cottom said he favors raising the reimbursement rate to $55.

“I don’t believe the current reimbursement is excessive or adequate to cover our costs,” he said.

When Cottom took office almost four years ago, the local inmate count was around 24 individuals awaiting trial or sentencing, less than half of his jail’s capacity of 54.

That left some breathing room, as well as ability to house out-of-county inmates for other sheriffs whose jails exceeded inmate capacity. It also brought in revenue for the jail.

For a few years, Sullivan County was able to house about 25 inmates from Vigo County, which was regularly exceeding its limit of 268 inmates.

By charging the state’s $35 per day rate to Vigo County, Cottom was able to fund improvements and expansion for his own jail. Those improvements included a new roof, heating and cooling improvements, more bed space, a redesigned dispatch center, a new water softener system, and other repairs.

The jail expansion put the Sullivan facility’s capacity at 80 inmates.

But now, the local inmate census hovers around 80, Cottom said. That is due to a combination of housing local Level 6 felons and an increase in local arrests.

Cottom said a couple of recent large-scale drug raids resulted in 18 individuals arrested in a 48-hour period. That sudden influx of inmates can put a stress on any jail, he said.

Holding more inmates takes not only beds and food, he said, but adds costs for jail clothing, laundry, medical care, transportation, programming, utilities and staffing.

And Cottom said getting the $35 reimbursement from the state for housing Level 6 inmates is slower than getting those funds from another county.

In fact, Sullivan County only recently received its first reimbursement from the state since it began holding Level 6 felons, he said.

Parke County

In Parke County, Sheriff Justin Cole said his 20-year-old jail was housing about 20 low-level felony inmates as of Tuesday.

The jail at Rockville has 92 inmate beds, and the daily inmate census was in the mid-40s four years ago. 

But housing Level 6 felons has bumped the current Parke jail census to a daily average of 80 to 90 inmates. That’s close to capacity.

The $35 per day rate also has not kept up with inflation, Cole said, and $55 per day is more in line with current costs.

Vigo County

For Vigo County Sheriff Greg Ewing, the $20 per day rate increase means Vigo County would  be paying more to keep its inmates in other counties.

With its capacity capped at a court-mandated 268 inmates, Vigo County must house some of its inmates in other counties’ jails daily. In what amounts to an agreement among sheriffs, counties generally charge each other $35 per day, the same amount as the state reimbursement rate. 

Even at $35 per-day per-inmate, Vigo County is spending about $800,000 annually, he said.

Vigo County Jail does not typically house a lot of Level 6 felons, Ewing said, because many of those low-level are sentenced to and monitored by community corrections. Many also have served their time in jail while awaiting trial.

But because other counties, such as Sullivan and Parke, are now housing their own Level 6 felons and have less room for out-of-county inmates, Vigo County must send its overflow inmates to more distant counties, such as Martin.

And that means longer transportation times and costs, Ewing said.

Vermillion County

In Vermillion County, Sheriff Mike Phelps said money from the state for holding Level 6 inmates goes into an account that is only to be used for the jail, and only with county council approval.

“We have been stuck with the $35 a day per person for as far back as I can remember -- at least two sheriff’s prior to me -- and since the state has saved a ton of money by making some of the Level 6 offenders stay local, it only seems appropriate that the DOC should send some of those savings back to the counties,” Phelps said.