Posted 6/29/2014 by Mark Miclette
Information
Jail overpopulation is an issue nationwide. Each state sets limits on how many inmates can be housed at any given time.
Click on your state to learn about overcrowding.
In many cases, the overcrowded jail obtains a temporary waiver from the state to buy some time to address their problems. When the states step in, here are some possible actions taken:
Inmate transfers: Sometimes jails handle overcrowding by sending the overflow inmates to jails in surrounding counties. The counties might have an exchange agreement, where each county helps the other when needed. There also may be a monetary payment to the receiving jail.
Early release: In most states, the sheriff/jail or judge possess the authority to release inmates early. Typically, these inmates are non-violent and near the end of their sentences.
The release may order the inmate to be placed on probation, or at times, it is a non-conditional release, setting the inmate free with no legal restrictions.
In the news:
Clemency changes could affect drug offenders
Less Incarceration: Many non-violent defendants will be offered alternative sentencing by way of probation, house arrest or residential rehab.
Final thoughts: When inmates are doubled up in cells, forced to sleep on cement floors, and otherwise treated harsh, the states sometimes take control and the jails move quickly to alleviate the crowding situation and bring the numbers back to acceptable ranges.