Let's Talk Human Rights

By Donya Mills '22

The Montgomery County Jail serves as an example of many of the challenges facing the criminal justice system in our country. The jail is severely overcapacity, which impacts health and hygiene, as well as the general safety of detainees and staff. During the heavier waves of the COVID-19 pandemic, the County Sheriff, working with judges and public defenders released a significant number of people to help reduce the spread of the virus inside the jail since it is a small and confined place where social distancing is impossible. The reduction of the size of the jail population demonstrated that Montgomery County Jail can reduce the number of people in detention when needed. 

The current Montgomery County Jail is dangerously overcrowded. It was designed to hold 443 individuals, however, the daily average before the pandemic was regularly between 700 and 800 people. Montgomery County hopes to build a new jail,  to increase the capacity of beds available. Responding to this plan, the Montgomery County Jail Coalition's purpose is to advocate for the increased use of diversion programs and reforms to lower the population size of the new jail rather than to build a bigger jail. The Coalition believes that the County should be moving in the direction of using incarceration as a last resort, as required by international human rights norms, and investing instead in diversion programs, such as community-based mental health services.  

As a Criminal Justice Studies major, I knew this Coalition was something I wanted to be a part of. Over the last summer, I began working with the Coalition and conducted thorough research in order to develop a fact sheet. This fact sheet informs citizens of the goals of the Coalition and the benefits of redirecting individuals away from incarceration as required by human rights standards. Implementing reforms and diversion programs can reduce the recidivism rate, decrease the amount of money needed to build a new jail and help the broader community. The diversion programs I researched focused on cashless bail, citation in lieu of arrest, mental health facilities, and treatment for drug and alcohol abuse disorder.

While I was conducting my research, I further solidified my knowledge of the current jail system and the need for reform. The jail system in the United States was originally designed for rehabilitative purposes, but it has evolved into a more punitive system over time. Instead of addressing the reasons why people are detained, jails focus on punishing those who are already there. People with mental illnesses often worsen while confined, trapping them in the system. 

Mental health services can address many fundamental causes of a crime while lowering the jail population and increasing the safety of the community. By establishing community-based programs that focus on drug and alcohol abuse disorders, people are able to receive treatment for their addictions. Because Ohio has one of the worst rates of opioid addiction and overdoses, this could particularly benefit Montgomery County. Citizens who cannot afford rehabilitation should not be incarcerated in order to receive treatment. The jail system in the United States needs to refocus on rehabilitating offenders instead of punishing them in order to help build a better community.

My research also revealed that in many cases poor individuals and minorities are being held in jail for pretrial detention because they are unable to afford bail. To make this criminal justice system more equitable, cash bail should be eliminated. This reform would not only reduce the jail population but also save the county about 7 million dollars annually. Low-level charges, such as shoplifting, should be given a citation instead of incarceration. A citation in lieu of arrest means that an officer issues a ticket to the offender that releases to appear in court at a later date or pay a fine.

The current Montgomery County Jail is holding a larger population than it was built for and with different demands than the facility was originally built for. It was built in 1964 with an addition in 1993. While its capacity is 444 beds, the number of inmates has doubled in recent years. In addition, the county jail only has 12 special needs beds. So, the Montgomery county officials asked a contractor, Henningson, Durham, and Richardson, P.C. (HDR), to provide a report detailing options for renovating the current facility or building a new jail. The contractor estimated the new jail will cost $177 million to $202 million dollars. After receiving the report, the county commissioners, the sheriff and the county administrator said they will put the plans on hold.

The Coalition argues that the costs of the new jail could be cut by adopting reform and diversion initiatives. The first option provided by HDR is a jail that holds up to 938 beds, divided into 464 general population beds and 474 special needs beds to care for those with medical needs, mental health needs, and drug and alcohol abuse disorders. If diversion programs were implemented that focus on rehabilitating people with such needs, like mental health facilities outside of a jail setting, this can eliminate almost half the beds proposed. In addition, to ensure the general population does not exceed the capacity of beds, reforms that seek to keep individuals out of pre-trial detention also need to be implemented. The Coalition estimates that cashless bail and citation in lieu of arrest could reduce the Montgomery County Jail population by around 50%. 

Being a part of the Montgomery County Jail Coalition has shown me that I can make a difference in my community by collaborating with others. There are various points of view in a wide group of stakeholders so it is important to be receptive to anything everyone has to offer. Since not every idea can be carried out, I’ve learned to stay focused on the goals of the Coalition. This allows the group to remain on a clear path of what the Coalition needs to get done to implement change. The experience has also aided me in determining what I want to do after graduation. I would like to contribute to criminal justice reform by continuing working with coalitions and even starting a nonprofit in the future. By networking with people I've met through the Coalition and my work with HRC, I am keen to become a community organizer throughout the Dayton area. My aim is to make an impact in changing the criminal justice system.

Donya Mills is currently a Senior at UD majoring in Criminal Justice. She is a student intern at the Human Rights Center and passionate about establishing equity for underprivileged communities and a criminal justice system that is fair to everyone.