Help Not Handcuffs Coalition

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Help Not Handcuffs Coalition Official page of the Help Not Handcuffs Coalition. We know a better future is possible.

Right now, in Allen County, there are more than 800 inmates living in deplorable conditions at the Allen County Jail. But Allen County commissioners are trying to solve the wrong problem by cementing plans to move toward raising taxes and borrowing money in order to build a new, $350 million jail that will cost our families more misery. Why would we build a bigger jail, when the solution to this p

roblem is clear: we need to fund HELP-NOT HANDCUFFS. If we want to solve this crisis, we need to fund a robust crisis response network--not a bigger jail. Before we rush to solve the wrong problem, let’s create a working group & plan to build a robust crisis response system. There’s no reason Allen County can’t decide to take the path already underway in St. Joseph, Hamilton, Marion, & Tippecanoe Counties by funding peoples’ lives instead of their misery. We need your support (1) Sign the petition (2) Stay engaged SHARE our post, page and/or Livestream (3)we need people power: show your commitment by attending our next meeting or gathering!

This is a root cause of over-incarceration that counties across Indiana should be investing their public safety $$millio...
23/08/2024

This is a root cause of over-incarceration that counties across Indiana should be investing their public safety $$millions to solve—not building bigger jails

Adams County Sheriff Dan Mawhorr turns to 21Investigates after struggling to find help for a mentally ill inmate.

Wednesday June 12th at 2pm in the Allen County Courthouse, a judge will give residents their first day in court to conte...
12/06/2024

Wednesday June 12th at 2pm in the Allen County Courthouse, a judge will give residents their first day in court to contest the legality of the County Commissioners’ plan for financing a new jail.

Is it really OK for them to form a shell corporation, and then use the very courthouse where proceedings are taking place as collateral for a mortgage on a jail as it is being constructed?

If you can, please show your support for our friends in ACRAJ by attending the hearing.
Plan to wear something red, but no signs or other displays are permitted. No cell phones are allowed in the building, so plan accordingly.

Now is the time for real conversations about alternatives to incarceration, and what truly achieves “public safety”, as ...
08/06/2024

Now is the time for real conversations about alternatives to incarceration, and what truly achieves “public safety”, as the county looks for solutions to reduce the number of people in the Jail right now.

Let’s talk about bail reform.
Let’s talk about increasing community-based support for addiction and mental health issues.
Let’s talk about the lasting effects of a felony conviction

“Officials continue to look for solutions for the Allen County Jail's overcrowding while the new facility's construction is stalled, the sheriff said Wednesday.

Allen County Sheriff Troy Hershberger has asked local judges and the county prosecutor to help decrease the jail population by determining who can be released. The American Civil Liberties Union of Indiana, who joined former inmate Vincent Morris in the federal lawsuit, has warned officials it might request a court-ordered prisoner release if the jail continues to be overcrowded and understaffed, according to a status report filed Tuesday.

A letter was sent by the sheriff's department May 6 to Allen Superior Court Judge Frances Gull, Allen Circuit Court Judge Ashley Hand and Prosecutor Michael McAlexander asking the officials to release a sufficient number of inmates to combat overcrowding. The letter was submitted to federal court with the ACLU status update Tuesday in the ongoing lawsuit against the Allen County commissioners and sheriff's department for unacceptable conditions at the downtown facility.

A prisoner release order doesn't mean jail inmates will be relieved of their sentences, but they would serve it elsewhere, Hershberger said Wednesday. Other options include home detention, the residential services program, probation restrictions and community corrections.

The 2020 lawsuit filed by Morris and the ACLU of Indiana alleged unconstitutional conditions in the county jail. U.S. Federal Judge Damon Leichty ordered county officials to address the inhumane conditions and to keep the prisoner population below the jail's capacity.

The ACLU of Indiana's status report said the approved long-term solution to build a new jail is "nowhere in sight" with conditions worsening for inmates.

The commissioners have said a larger jail facility is required to meet the court order, but the project has been stalled because of a civil lawsuit fighting the funding plan for the project. The new jail on Meyer Road is expected to have more than 1,300 beds, and its construction is estimated to cost $316 million.

"At this point, it is uncertain whether and when the new Allen County Jail will be built," the ACLU's report said.

Hershberger said the number of inmates has decreased in the last few weeks since he sent the letter, but Wednesday's population was 733 - one more than the number of beds the jail has. When the lawsuit was filed, more than 900 inmates were held in the jail, Hershberger added.

The current jail must remain at 622 inmates or fewer to not be considered overcrowded, according to the county government website.

Hershberger said the jail is currently staffed with 159 confinement officers with 13 open positions.

Since the last jail status report on March 4, the sheriff's department has hired 20 confinement officers, but the total number of officers only increased slightly because of employees leaving, Wednesday's status report said.

Inmates also can be transferred to other county jails, but that's only if the other sheriff departments are willing to take them.

"When you're overcrowded, you got to find places to put them," Hershberger said. "The sheriff is tasked constitutionally with running the jail. I don't control the narrative of who stays and who goes."

With support from the commissioners, the Allen County Sheriff's Department has requested assistance from sheriff's departments in Adams, DeKalb, Huntington, Noble, Wells and Whitley counties.

Hershberger heard back from only one county by Wednesday, the report said. The department doesn't know whether the responding county will accept any Allen County inmates or whether Hershberger will hear back from others.

Hershberger said he hasn't yet received a response from Judges Gull and Hand to the release requests in his letter.

"I don't expect them to respond immediately because the safety of the community is what we got to look at," he said.

The department heard from McAlexander, the prosecutor, who said he wants to assist and that he has taken efforts to help, according to the sheriff's status report.

The population has continued to rise after the letter was sent in May and has remained more than 732 inmates over the last 45 days, the report said.

McAlexander and Hershberger both said solving this issue could lead to uncharted areas that county officials would need to find a solution because construction is delayed.

The commissioners' status report said they continue to face challenges from a citizen group opposing the jail project. The current challenge is from Allen County Residents Against the Jail, which filed an Indiana Tax Court lawsuit. This follows their case with the Department of Local Government Finance that ruled in favor of the county officials' funding plan. The group's appeal of the ruling was denied.

The citizens group filed the tax court lawsuit in March asking for relief that includes invalidating any lease entered by the county commissioners and the building corporation. It also asks that the county be directed to terminate any lease arrangement with the building corporation concerning the courthouse. A case management conference is scheduled for Friday.

The commissioners said construction will be delayed until the resolution of the tax court lawsuit. Construction costs could increase during the delay.

County officials plan to pay for the new jail project through bonds, which involves making lease-purchase payments to repay bondholders for the $316 million new facility from a funding plan approved in October.

If the tax court case proceeds without assurance of a quick resolution, the ACLU will request a prisoner release order, their report said. If Leichty agrees, a three-judge court would be created to determine whether a release order should happen or direct the release of inmates or prohibit admission of more individuals.

Both McAlexander and Hershberger said they don't know how this process would work because it's never been implemented here during their time in office.

A portion of the jail population is inmates whose cases have moved through the local judicial system and can be moved to the Indiana Department of Corrections.

Hershberger said each large county has only a set number of prisoners it can ask the state to take weekly. The state allows only 14 transfers from Allen County each week because the 100 open slots are offered to agencies across Indiana.

He said 14 local inmates were sent Wednesday morning, reducing the number to be transferred to 44. But sentencing hearings are on Thursdays and Fridays, and those could bring the number back to above 50 by the weekend.

The county jail always has about 50 to 60 inmates waiting to be transferred, he added.

The ACLU has asked Judge Leichty to schedule an attorneys' conference in-person or by phone at the earliest opportunity. No hearings were set as of Wednesday, according to online court records.

Allen County Sheriff Troy Hershberger answers questions about the jail's high inmate population in his office on Wednesday at the Allen County Courthouse.

Madelyn Kidd | The Journal Gazette

This is still moving forward to the detriment of our community
24/04/2024

This is still moving forward to the detriment of our community

This could be very useful information for undoing some of the damage done to our neighbors by over-incarceration
19/03/2024

This could be very useful information for undoing some of the damage done to our neighbors by over-incarceration

14/02/2024

Hey HNH squad and allies,

Just a reminder, Allen County Council will be meeting tonight, 5:30pm,
to vote again on the $5.9 million "lease rental" related to the jail.
At their January meeting, the council voted it down, 4-3. Commissioners have re-submitted the proposal, however.
So we are calling on our supporters to show up at the meeting this evening, and to sign up for the public comment portion, to speak for 2 minutes in opposition of the jail funding, and to push for Council to demand an independent assessment of the current jail site, as well as an alternative plan to resolve the ACLU's lawsuit and the unconstitutional conditions of the current Allen County jail.

If you can attend, we encourage you to arrive before 5:30 and to sign up and speak during the public comments section of the meeting, which should be shortly after the meeting begins.
The meeting will be in Chambers Room #035 - on the Garden Level (basement) of Citizens Square, 200 E. Berry Street Fort Wayne 46802.
There is free parking in the lot north of the building, and street parking is free after 5:00pm.
Below is the agenda for tonight's meeting.
Hope to see you there!

Help Not Handcuffs Coalition

With barely any publicly announced notices--beside the obligatory post in the local newspaper (small print, not headline...
30/11/2023

With barely any publicly announced notices--beside the obligatory post in the local newspaper (small print, not headline), the Allen County Commissioners will be holding a public hearing during their regular Friday morning meeting. The question at hand is whether it's OK for the Commissioners' newly formed shell corporation to take a mortgage out on the historic Allen County Courthouse as part of the process for paying for an unnecessarily large new jail.

Whether your concern is expanding incarceration, or demanding more transparency and engagement by our elected officials, this is another chance for your voice to be heard.

Come speak out on FRIDAY DECEMBER 1, AT 10AM in the basement of CITIZENS SQUARE.

-------
For anyone interested in the details, the official notice posted in the Journal Gazette on November 21, 2023 follows below:

Location- Allen County, Indiana
Notice Text
NOTICE OF HEARING ON PROPOSED LEASE BETWEEN ALLEN COUNTY, INDIANA BUILDING CORPORATION AND ALLEN COUNTY, INDIANA
You are hereby notified that on Friday, December 1, 2023, the Board of Commissioners of Allen County, Indiana, will hold a public hearing on a proposed lease to be entered into between the Allen County, Indiana Building Corporation (the Corporation ), as lessor, and Allen County, Indiana (the County ), as lessee (the Lease ), with respect to the financing of the acquisition by the Corporation of the existing Allen County Courthouse located at 715 Calhoun Street, Fort Wayne, Indiana (the Existing Real Estate ), and the financing of the acquisition, construction, improvement, and/or equipping of all or any portion of a new county jail facility to be located at 3003 Meyer Road, Fort Wayne, Indiana, and any related improvements, all to be used for the purposes of providing incarceration, community corrections, or other law enforcement or criminal justice services by the County (the New Facility Real Estate ) (clauses (1) and (2), collectively, the Project ).
Such public hearing will be held at 10:00 a.m., local time, on Friday, December 1, 2023, at Citizens Square, 200 E Berry Street, Room 035, Fort Wayne, Indiana 46802.
The leased premises (the Premises ) under the proposed lease consists of the Existing Real Estate, the New Facility Real Estate, and the Project. The proposed lease is for a term of up to twenty (20) years commencing on the date of issuance of bonds of the Corporation to finance the Project (the Bonds ). The annual lease rental will not exceed Twenty-Two Million Two Hundred Twenty Thousand Dollars ($22,220,000) payable in semiannual installments on January 1 and July 1 of each year during the term of the Lease. Each rental installment shall be based on the value of the portion of the Premises which will be complete and ready for use and occupancy by the County at the time such semi-annual installment is made. As additional rental, the County shall maintain insurance on the Premises as required in the Lease and shall pay all taxes and assessments against such property, as well as the cost of alterations and repairs. After a sale of the Bonds, the yearly rental, payable in semiannual installments on each January 1 and July 1, shall be reduced to the multiple of $1,000 next higher than the principal and interest due on the Bonds in each twelve month period commencing on July 1, plus $5,000, payable in such semiannual installments. The County shall pay such lease rentals solely from (i) the adjusted gross income tax imposed pursuant to Ind. Code 6-3.6-6-2.7, as amended, on the adjusted gross income of taxpayers in the County for correctional facilities and rehabilitation facilities in the County (the Jail LIT Revenues ), (ii) legally available revenues appropriated for such purpose including, but not limited to, revenues from the economic development component of the additional revenue derived from the expenditure rate under Ind. Code 6-3-6, if any, in an amount not to exceed Five Million Nine Hundred Twenty-Five Thousand ($5,925,000) (the County Revenues and, together with the Jail LIT Revenues, the Pledged Revenues ), and (iii) to the extent that the Pledged Revenues are insufficient to pay such amounts, from the revenues of an ad valorem tax levied by the County on all taxable property in the County pursuant to the Ind. Code 36-1-10-17 (the Property Tax Revenues ). The County reasonably expects all lease rentals to be paid from the Pledged Revenues, and not paid from the Property Tax Revenues.
The lease gives an option to the County to purchase the Premises. The Project will be used for the purposes of providing incarceration, community corrections, or other law enforcement or criminal justice services by the County.
The drawings, plans, specifications, and related information, including the estimates for the cost of providing the Project, as well as a copy of the proposed Lease, are available for inspection by the public during normal business hours, at the office of the Allen County Auditor, 1 E Main Street, Rousseau Centre, Suite 102, Fort Wayne, Indiana 46802.
At such hearing, all persons interested shall have a right to be heard upon the necessity for the ex*****on of the Lease, and upon whether the lease rental provided for therein to be paid by the County to the Corporation is a fair and reasonable rental for the Premises. Such hearing may be adjourned to a later date or dates. Following such hearing, the Board of Commissioners may authorize the ex*****on of the Lease as originally agreed upon, rescind the proposed Lease, or make modifications therein as may be agreed upon with the Corporation, but in no event may the rental exceed the amounts set forth in this notice. The Board of Commissioners may approve the ex*****on of the Lease if it finds that the service to be provided throughout the term of the Lease will serve the public purpose of the County and is in the best interests of its residents.
Dated this 21st day of November, 2023.
BOARD OF COMMISSIONERS OF ALLEN COUNTY, INDIANA

This is why we want an independent assessment of the jail and the criminal justice system whose policies and procedures ...
08/11/2023

This is why we want an independent assessment of the jail and the criminal justice system whose policies and procedures can lead to tragedies like this one.

This is also why we need much greater investment in mental health care, services and training that could have intervened and prevented it:

When 21Investigates learned about Jonathan Ohlwine’s su***de, our team wanted to know more. We filed a public records request to see what landed him in jail in the first place. Our team obtained police body camera video and court documents which shined new light on the case.

We hope to see as many people pack the room as we can muster! Everybody, every voice matters!WEAR RED!*********After thr...
26/10/2023

We hope to see as many people pack the room as we can muster! Everybody, every voice matters!
WEAR RED!

*********

After threatening language from the judge and ACLU at the federal hearing on the jail, we continue to urge Allen County Council to VOTE NO to the Commissioners' proposal to create a new tax specially designated to pay for a big new jail.

It's a bad plan. County Council doesn't like it; Superior Court Judge Fran Gull doesn't like it. We know there are alternatives, but this plan will take our tax dollars away from alternative investments that could be much more beneficial to many more residents at a fraction of the cost of a jail.

Council has already voted NO once, but the Commissioners are continuing to push the same project cost again. The federal judge is threatening to take legal action against the Council, too. Will the Councilmen hold their resolve and reject the Commissioners' terrible plan a second time?

We need to keep telling them: There should be NO TAXATION FOR MORE INCARCERATION.

ACRAJ (Allen Co. Residents Against the Jail) and the Help Not Handcuffs Coalition will be there to stand up and speak out with the community.

Please come stand with us and bring a dozen of your friends, family, coworkers, and everyone else you can. Wear red if you can.
The Meeting starts at 8:30am, but we'll want to get there a few minutes early to make sure there's a place for us all.
Parking is also available in the City of Fort Wayne Town Center Garage, directly across Clinton St. from Citizen's Square at 828 South Clinton. It is $1 per hour.
(Parking in the lot off Berry St. is free for 2 hours to attendees, but this meeting may go long, so plan accordingly)

Thursday, Oct 26, at 8:30 AM
Chambers Room #035 - on the Garden Level (basement)
Citizens Square
200 E. Berry Street
Fort Wayne 46802

URGENT Action Needed TODAYCounty Council is voting again this Thursday on whether to approve the income tax hike to fund...
17/10/2023

URGENT Action Needed TODAY
County Council is voting again this Thursday on whether to approve the income tax hike to fund the new jail. This is after a federal hearing last week in which the federal judge put pressure on County Council to approve the tax. We need to make our voices heard and tell County Council not to give in to the pressure, and to vote NO this Thursday.

What you can do:

Call or email county council members before Thursday morning. Tell them you do NOT support the tax hike for a new jail. Urge them to find and fund alternatives to incarceration. Tell them there are better ways to spend $350 million.

Attend the County Council meeting this Thursday, October 19, at 8:30am at Citizens Square. Keep the pressure on until the very last minute!

Phone Number for County Council: (260) 449-7241

Josh Hale, District 1, [email protected]
Tom Harris, District 2, [email protected]
Paul Lagemann, District 3, [email protected]
Don Wyss, District 4, [email protected]
Robert Armstrong, at large, [email protected]
Ken Fries, at large, [email protected]
Kyle Kerley, at large, [email protected]

21/09/2023
16/08/2023
letter to the editor in today's paper by Michael L Noll "The article “Commissioners OK work on current jail” in the July...
01/08/2023

letter to the editor in today's paper
by Michael L Noll

"The article “Commissioners OK work on current jail” in the July 15 Journal Gazette is just another example of how believe there has been a plan in place for a long time to neglect the current jail, so it will be replaced by a new, shiny building in the grand and glorious River- front and Downtown Development."

This cartoon from the Journal Gazette is a great image to sum up last Thursday’s County Council meeting, but that key is...
26/07/2023

This cartoon from the Journal Gazette is a great image to sum up last Thursday’s County Council meeting, but that key isn’t going away.
The County has made it clear they’re determined to keep trying.

The Coalition will continue to fight for greater engagement for the community before any plan gets funding, and will continue to advocate for alternatives that would yield far better outcomes than investing in more incarceration.

Rally was Tuesday, but the vote is Thursday morning at 8:30am inside Citizens Square. See you there!https://www.wfft.com...
20/07/2023

Rally was Tuesday, but the vote is Thursday morning at 8:30am inside Citizens Square.
See you there!

https://www.wfft.com/news/help-not-handcuffs-coalition-hosts-a-rally-against-new-allen-county-jail/article_4c7837ca-25dd-11ee-a25f-0b4f11c2a045.html?utm_medium=social&utm_source=facebook&utm_campaign=user-share&fbclid=IwAR2rSiXRBhoyRAFEonScuj7iSQ4jJH3FDT1pALtSi6zsNYIEZ6TAj4lTt10_aem_AVE0aOVMUtITdB9HsCWfurbBt_VlOaUbmATLOutU1PrZz-HZlTevT_dPnragpI8y4pk&mibextid=Zxz2cZ

In front of Allen County Courthouse, nearly two dozen people lined the sidewalk protesting against the proposal for a new county jail and a tax hike.

Don’t be indifferent to this public affair Come to the County Council meeting on Thursday morning and speak out against ...
19/07/2023

Don’t be indifferent to this public affair

Come to the County Council meeting on Thursday morning and speak out against the proposal to raise our taxes to pay for a big new jail we DO NOT need.

https://www.facebook.com/events/652434196507034/?mibextid=RQdjqZ

If you can’t make it, call and email council members today

18/07/2023

Tell County Council NO TAXATION FOR MORE INCARCERATION 

18/07/2023

The citizens' rally TODAY Tuesday July 18 is where it starts--

The actual County Council meeting on Thursday July 20 is where it continues. Their agenda includes a proposal for a new "jail tax" item on local income taxes, but it doesn't even include an amount.
Are they really going to vote on it after a few minutes of discussion and no opportunity for further public input?!

If this concerns you (there are many reasons it should) please attend the meeting and consider making a public comment.

Or contact the council members now by email or phone to tell them your concerns and ask them to read your comments into public record at Thursday's meeting.

The Allen County Council is comprised of seven members, four elected from districts and three elected at-large.
Council serves as the County's fiscal body. County Council is responsible for establishing an annual budget and also for appropriating funds for the operation of County Government.

Main office
(260) 449-7241 Phone
(260) 449-7679 Fax

Council Members
Josh L. Hale - District 1
[email protected]

Thomas A. Harris - District 2
[email protected]

Paul W Lagemann - District 3
[email protected]

Don A Wyss - District 4
[email protected]

Robert A. Armstrong - At-Large [email protected]

Ken Fries - At-Large
[email protected]

Kyle Kerley - At-Large
[email protected]


The County Auditor serves as the secretary of the fiscal body.
County Auditor
Nick Jordan (260) 449-7230

Maybe there’s another lawsuit waiting to be filed against Allen County…https://www.wishtv.com/news/judge-holds-washingto...
12/07/2023

Maybe there’s another lawsuit waiting to be filed against Allen County…

https://www.wishtv.com/news/judge-holds-washington-state-in-contempt-for-not-providing-services-to-mentally-ill-people-in-jails/?utm_medium=social&utm_source=facebook_WISH-TV&fbclid=IwAR03TtUY0yELod7uJ0VbUNwMpjITOKvvHN3Q4kjMK8t3nfCmvOtJF4ps904_aem_AWpIr00zo47f-EAtrSCTbNYrbvNE_gD0nI1ymiPen2g6K5wmCsiz0EwWmHwOEHy9Wyw&mibextid=Zxz2cZ

A federal judge has found Washington state in contempt and ordered it to pay more than $100 million in fines for failing to provide timely psychiatric services to mentally ill people who are forced to wait in jails for weeks or months. In her order released late Friday, U.S. District Judge Marsha Pe...

Another great article on the jail assessment announcement from Fox 55/WFFT.
06/07/2023

Another great article on the jail assessment announcement from Fox 55/WFFT.

A federal judge is requiring the county to address overcrowding and understaffing in the current jail, but Pastor Timothy Murphy says building a bigger facility will only put a Band-Aid

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