The Hillsdale County Circuit and District courts released about 10 citizens in late February after the county jail reported a problem with overcrowding.
“We face this quite frequently,” Sheriff Tim Parker said.
Parker and Circuit Court Judge Michael Smith said the early release of some inmates doesn’t pose a threat to citizens. Smith said drug addiction, non-payment of child support, and non-violent property offenses largely contribute to the size of the inmate population.
The county follows a simple procedure in determining the release of inmates, according to Smith. He and District Court Judge Sara Lisznyai choose inmates that the county can release early.
“You look at their release dates. If they’re close to being out normally, that’s one criteria that we use,” Smith said. “We also look at the type of offense for which they’re in. If it’s a nonviolent offense, if it’s a property offense or child support, we use that as another criteria.”
Smith said this process doesn’t require him or Lisznyai to release anyone who threatens public safety.
“If I think they ought to be there, they’re gonna be there,” he said.
The Michigan Department of Corrections sets the standards for overcrowding, according to Parker.
“Our population is rated by the state of Michigan, and they have us set at 67,” Parker said. “When we’re over 67 inmates for 10 days, then we have to declare overcrowding situation.”
Smith said the county jail doesn’t house convicted inmates for long periods of time.
“The only ones who stay here locally are put on probation or are in jail pending disposition of their case,” Smith said. “They may be waiting for a pre-trial, they may be waiting for a preliminary examination, they may be waiting for a trial.”
Parker said the jail sometimes houses more than 70 inmates for short periods of time.
“Last year, our average jail population was 66.7, give or take a point,” Parker said. “You could say our average jail population is 67 inmates per day. So, there were a lot of days we were over the 67 inmates. However, we have to be over for 10 days straight to declare jail overcrowding.”
Smith said he receives a report from the sheriff about the jail’s population every Monday.
“Once we declare overcrowding, we notify the chief judge of the county and the other judges, and they make a determination on who’s to be released,” Parker said. “The sheriff does not have the power to release inmates who are sentenced by a judge. It falls back into the judge’s responsibility to pick and choose which inmates they want to release to bring us down below the level.”
As Smith decides which people to release, he considers alternatives to prison, as well.
“We can send them to Twin County Probation Center over in Three Rivers, so that’s another way we can reduce the population, particularly if they need assistance in finding work or drug treatment,” Smith said. He added that he can send inmates to Hope House, which serves as a transitional residence for people struggling with substance abuse, in Jonesville.
Smith can also place them in the Special Alternative Incarceration Program with the Michigan Department of Corrections. The program teaches work skills and discipline, while helping to transition people back into their communities.
Since Hillsdale County doesn’t have the funding to build a larger facilities, the overcrowding problem will continue to reoccur, according to Parker.
“This happens maybe two or three times a year,” Smith said. “This is not a big deal.”
