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Buncombe County officials warn jail overcrowding has worsened after recent pretrial changes
Summary
County staff and law-enforcement leaders reported a rise in jail population to about 530 people—above operational capacity—citing increases in low-level misdemeanor bookings and longer stays since implementation of a state pretrial law; officials urged legislative action and local diversion strategies to relieve pressure.
County staff and law-enforcement leaders told Buncombe County commissioners that the county’s jail is operating beyond safe limits and that recent shifts in pretrial policy and long-standing mental‑health system gaps are driving the surge.
Dr. Kraton, presenting data for the county’s Criminal Justice Coordinating Council, said the detention facility held roughly 530 people on the day of the briefing, compared with a cited operational capacity of 470 and a design capacity of 424. He said the county’s total jail population in May 2026 was about 17% higher than May 2025, and the pretrial population was about 20% higher.
"We are seeing misdemeanor bookings up 25% year‑over‑year," Dr. Kraton said, calling out jumps in low‑level charges: class‑1 misdemeanors up about 32%, class‑2 up 33% and class‑3 up 77% in the same period. He attributed much of the increase to recent changes that took effect Dec. 1 under what staff referred to in the briefing as "Ireina's law," which tightened presumptions for pretrial release and removed or limited certain unsecured release options.
Regina Herring, director of justice services, and Major Banks of the sheriff’s detention division urged commissioners to weigh immediate actions alongside the CJCC’s two‑year strategic plan, which prioritizes alternatives to incarceration for people with behavioral‑health needs, improved case processing and stronger cross‑system data sharing.
Sheriff Quinton Miller and Major Banks told commissioners detention staff are strained. Major Banks said there were roughly 223 people in custody with mental‑health needs and about 134 people with substance‑use issues; the detention staff‑to‑inmate ratio was described as roughly 1 to 46–56 depending on shift. The sheriff’s office described increases in assaults and contraband and said double‑bunking has been used as population exceeded certified housing.
Officials outlined immediate strategies that could reduce pressure: diverting some low‑level misdemeanor cases from custody, improving case-processing speed, expanding local diversion and behavioral‑health crisis resources, and working with the state to move sentenced people into state facilities when staffing permits. Speakers cautioned that moving people to other counties or state prisons requires staff availability, interagency agreement and funding.
Commissioners said they would raise mental‑health capacity and detention concerns in upcoming legislative meetings and asked staff to return with options for near‑term mitigation and a plan to operationalize CJCC recommendations. The briefing closed with a reminder that many of the recommended responses require regional and state coordination as well as local investment.
