Orange will review crowded jail

The commissioners chairman invites the sheriff to discuss findings the jail is often over capacity

HILLSBOROUGH -- Orange County will take a closer look at jail overcrowding Tuesday night after another state inspection found the county jail holding 45 more prisoners than it was built for.

An inspector found 174 inmates at the jail last month. The finding put the jail out of compliance with state regulations. Inspector Chris Wood told Sheriff Lindy Pendergrass to take corrective action such as using pretrial release programs and electronic house arrest or transferring inmates to state facilities.

"This has been an increasing problem," Wood wrote.

The state routinely finds the 129-bed jail above capacity. Last year, after at least three consecutive findings of overcrowding, Moses Carey Jr., then chairman of the Orange County Board of Commissioners, issued a statement supporting the sheriff.

Now, current Chairman Barry Jacobs says it's time for another look. He has asked Pendergrass to attend the commissioners' meeting Tuesday to discuss the issue.

"We strongly support the sheriff, but if we have persistent problems, we have to look at this," Jacobs said.

Efforts to reach Pendergrass for comment were unsuccessful.

In a 2007 interview, the sheriff said the jail could safely hold up to 200 inmates.

He attributed the overcrowding to a 15-year contract he signed in 1994 to house federal prisoners. In exchange for the county's housing the prisoners, the federal government agreed to provide $2 million for jail renovations and expansion and pay a daily fee per prisoner.

The contract generates about $2 million a year, offsetting about a quarter of the Sheriff's Office's annual operating budget.

Carey cited the money in supporting the sheriff last year.

"Using available jail space for federal prisoners provides a source of income to the county, thus reducing the tax burden for support of jail operations for Orange County citizens," he said.

The state gives the sheriff time to reduce his head count after each inspection. According to a memo for Tuesday's meeting, "corrective action has been taken as required" since the July 8 inspection.

Still, John Harkins, chief of the state's Jail and Detention Section, has said overcrowding can increase stress on the jail, its inmates and staff, and can affect the ability to evacuate during an emergency.

Pendergrass said last year that he had never turned down a local arrestee because of jail crowding. He said that every inmate had a mat to sleep on and that he was "very comfortable" with how the jail was run.

Jacobs said he believes the sheriff but wants to discuss whether the county needs to add jail space. He also wants to make sure crowding is not affecting how inmates are treated.

"I would prefer people to be treated the way I myself would like to be treated," he said. "If we're so crowded that's not the case, that might not be satisfactory."