The Sentinel-Record

County says parolees, tax revenue cause of jail overcrowdi­ng

- DAVID SHOWERS

EDITOR’S NOTE: This is the first installmen­t of a two-part series about events leading up to the temporary closure of the Garland County Detention Center last month.

Strategies to ease overcrowdi­ng that closed the Garland County Detention Center to new male arrestees for 10 days last month were being discussed as early as last July, according to materials The Sentinel-Record obtained through an Arkansas Freedom of Informatio­n Act request.

The request sought emails and other correspond­ence related to the overcrowdi­ng problem from jail administra­tors and supervisor­s, Sheriff Mike McCormick and Under Sheriff Jason Lawrence going back to last July. No emails or correspond­ence from McCormick were included in materials the county provided, nor was any informatio­n indicating his correspond­ence had been reviewed for relevance to the request.

Conversati­ons between jail staff, the county’s internal and external legal counsel and an elected official expressed concern about overcrowdi­ng violating the inmate population’s constituti­onal rights, as courts have ruled inmates are entitled to a minimum standard of living under the Eighth Amendment’s prohibitio­n on cruel and unusual punishment.

Inmate counts swelled to over 400 in June, according to population reports the newspaper acquired through an earlier FOIA request. Maximum bed space the jail can staff is 365, according to an email Lt. Shawn Stapleton sent Chief Deputy of Correction­s Steven Elrod

last month. That total doesn’t include the F unit, where about 20 women are housed as part of the Arkansas Department of Correction’s 309 work release program for state prisoners. The women work in the jail’s kitchen.

Elrod told District 6 Justice of the Peace Ray Owen Jr. in a Sept. 26 email that two female inmates had to be held in the booking area because all 68 beds in the women’s unit were occupied. He called the practice, which, according to numerous emails, has been a regular occurrence, a violation of inmate rights.

The jail has been closed to new female arrestees since February. One woman has to be released for every new one who’s booked into the facility. The policy was temporaril­y extended to the male population last month.

“Every day inmates are housed in booking, we violate their inmate rights,” Elrod told County Attorney John Howard in a Jan. 25 email detailing a procedure for closing the female housing unit.

The email said five women were being held in booking. In an Oct. 5 email to staff, Elrod said booking had been “paralyzed” a day earlier when 21 women were being held in the intake area.

Elrod told Owen a recent state audit recommende­d opening another housing unit, which Elrod said could be funded by reimbursem­ents the county receives for holding state inmates. The roughly $500,000 in annual reimbursem­ent payments go to the county’s general fund rather than the jail fund.

Emails noted how the Criminal Justice Efficiency and Safety Act has strained jail capacity. The 2017 law allows the state parole and probation agency to punish technical parole violations, such as failed drug screens or missed meetings with parole officers, with up to a 180 day term in a state facility. But most violators serve their sanctions in county jails.

Garland County jail officials said the number of violators serving 90 day sanctions is contributi­ng to overcrowdi­ng, taking up as much as 20 percent of bed space. Lt. Donald Ansley told Associatio­n of Arkansas Counties Chief Legal Counsel Mark Whitmore in an email last August that the sanctions were preventing inmates held on pending charges from being released on bail.

Capt. Ron Halverson, the jail’s security director, told staff in a June 27 email that parole violators can’t be released without the approval of their parole officer, even if their stay has exceeded the 90 day sanction.

An email attorney Mike Rainwater sent Ansley last July recommende­d keeping the jail full with county inmates to limit space for technical violators.

“Fundamenta­lly, you’ve got to squeeze the state out,” said Rainwater, counsel for the Associatio­n of Arkansas Counties Risk Management Fund. “It will take some time. You do that by keeping your jail full of who you want in there. Then you tell the state you have no room.”

Rainwater said the county would otherwise be forced to accept violators sanctioned under the 2017 law in an email to Ansley and former County Judge Rick Davis last August.

“This is the way Arkansas works,” he said. “The county exists for the convenienc­e of the state, and the state can delegate its mess to the county to clean up.”

Davis agreed, responding that the 0.375 percent countywide sales tax voters passed in 2011 to operate and maintain the jail has not kept pace with revenue projection­s. The shortfall has kept the jail from being staffed to its full physical capacity since it opened in June 2015.

“Everything runs downhill, and the county is in the valley where everything lands,” he said in response to Rainwater’s email. “Our problem is we have a $42 million facility with bed space of 488 inmates and a sales tax for operations that allows us to only care for 350.”

Davis attributed the lack of tax revenue to the city of Hot Springs’ utility extension and connection policy that limits access to water and sewer services in unincorpor­ated Garland County.

“In our study process before the jail’s design and planning stage, our sales tax should have grown as our inmate population grew above the 350 number,” he told Rainwater. “Our water issue has stopped growth and developmen­t in our unincorpor­ated area for the last seven years and will take quite some time to ever catch up.”

 ?? The Sentinel-Record/Grace Brown ?? SPACE AT A PREMIUM: The Garland County Detention Center was closed to new male arrestees for 10 days last month. Restrictio­ns on female bookings have been in place since February.
The Sentinel-Record/Grace Brown SPACE AT A PREMIUM: The Garland County Detention Center was closed to new male arrestees for 10 days last month. Restrictio­ns on female bookings have been in place since February.

Newspapers in English

Newspapers from United States