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CLEAR Temp: 57 °F Wind: CLM at 0 mph Friday, October 3, 2003 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine Joy Magazine Tempo A & E RogueValleyAutoFinder RogueValleyHomeFinder Real Estate Showcase Wellness Connection Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Employment Contact Us Media Kit Email Story to a Friend August 21, 2003 Judge raises cap on inmates In return, sheriff must not force prisoners to sleep on the floor By SARAH LEMON Mail Tribune Inmates at the Jackson County Jail will no longer sleep on the floor under the terms of a federal court settlement. The county on Wednesday reached an agreement with inmates represented by the American Civil Liberties Union. While the settlement abolishes mattresses on cell floors, it increases the jail’s inmate cap from 190 daily to more than 255. "We’re very pleased at this outcome," said Polly Nelson, educational director for the ACLU of Oregon. "We’re hoping it will simplify things for the county and improve conditions for the inmates." "I think it does come off with a pretty good win-win situation," said Doug McGeary, assistant county counsel. Advertisement U.S. Magistrate James Redden still must sign off on the settlement, which may happen this week, McGeary said. However, Jackson County Sheriff Mike Winters has taken immediate measures to provide all inmates with raised beds. Unbeknownst to county officials, the jail was violating federal law by having inmates sleep on the floor, a common practice over the weekends when staff were not coordinating releases and the jail ran out of bunks, McGeary said. Federal courts in various cases since the 1980s have ruled that forcing inmates to sleep on the floor is a violation of their constitutional rights, he added. McGeary said he and other county officials only became aware of the problem within the past month. County officials apparently were unaware that U.S. Magistrate Michael Hogan condemned mattresses on the floor, a condition he tacked onto an order establishing the jail’s inmate population in 1987. Language in the settlement prevents prisoners who have slept on the floor from suing the county, McGeary said. Nelson said the ACLU previously may have been aware of health and safety issues in the jail but chose to address those only when the county in June sought to overturn its jail cap. The ACLU agreed to a larger number of inmates in the jail if none had to sleep on the floor. Faced with overcrowding, the jail releases large numbers of inmates each week to meet the court-imposed cap, said Winters. Releases have become more frequent since June when the county closed an 85-bed correctional facility near Talent, a casualty of state budget cuts, he said. The jail last week released 112 inmates to meet the cap. The new cap doesn’t provide much relief from overcrowding because inmate numbers routinely top 250 each week, Winters said. Jail staff will most likely start releasing prisoners once the jail’s population reaches 230, he said, citing staffing levels and safety as factors. "I don’t want people necessarily stuck in there like cord wood," Winters said. Prisoners have never complained about sleeping on the floors, which are mopped and sterilized daily, Winters said. Some prisoners even move their mattresses from the cement bunks to the floor where they can stretch out, he added. The settlement, however, may require jail staff to prohibit inmates from moving their mattresses, Winters said. "It seems ludicrous to me," he said. A portion of the Talent correctional facility will most likely re-open to provide beds for every prisoner, Winters said, adding that the only significant cost will be deputy overtime. The sheriff’s department is ordering about 50 plastic bunks which bolt to the walls to add bed space, Winters said. The bunks will cost about $11,000, including installation, he added. Reach reporter Sarah Lemon at 776-4487, or e-mail [email protected] Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2003 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback A D V E R T I S E R S SPECIAL SECTIONS Rogue Valley Auto Finder Rogue Valley Job Finder --> Rogue Valley Home Finder Joy Magazine Homelife Magazine Tempo Real Estate Showcase Food for Thought Hike of the Week Wellness Connection Outdoor Journal Moving to Southern Oregon? Volunteer Openings Prime Times