Three members of the Sequoyah County Criminal Justice Authority voted Monday to begin reviewing the legalities of closing the county jail through the office of District Attorney Jerry Moore.
The reason is lack of money. As of the end of July, the jail accounts will have $8,989.40.
Justice authority members voting to proceed with closing the jail were Bruce Tabor, District 1 county commissioner; Mike Huff, District 3 county commissioner; and Dennis Fields of rural Gore, retired Sallisaw police officer. Voting against beginning the process to close the jail were Sheriff Ron Lockhart and Muldrow Police Chief Tony Lewis.
However, Tabor said Tuesday, “We might call a special meeting and just turn it over to the sheriff.”
The final decision will rest with the county commissioners.
The authority took over jail operations when the new jail opened in 2003, and has wrestled with money problems ever since. More recently the members have considered returning the jail to the sheriff’s oversight, but that will put too much of a budget burden on the county, they said. Operating under the authority, the jail has no county funding except the one-sixth of a cent sales tax per month which voters approved when they approved building a new jail.
Reasons
The Sequoyah County Jail is operated on a budget of about $850,000 a year. Of that about $30,000 in the sales tax revenues is received each month. Another sales tax ceased when the jail was paid off.
With only $30,000 a year coming in to fund the 114-bed jail, jail management was taking in prisoners from the Oklahoma Department of Corrections (DOC) for $31.50 per day per prisoner. But the DOC began pulling prisoners from county jails last year, depleting jail budgets. The DOC is housing their own prisoners in a new 200-bed facility for low-risk inmates, authority members said, and have been putting prisoners in private facilities in an effort to save state money. Consequently, county jails throughout the state are loosing operating money.
District 2 Commissioner Steve Carter said, “We are not the only county having this kind of problem. County jails throughout the state are, we are just ahead of all the rest of them.”
The county is prohibited from paying for jail operations, because the jail is operated by a trust and because one-sixth of a cent sales tax cannot be co-mingled with other county money, County Clerk Vickie Sawney explained.
However, returning the jail to the sheriff’s oversight would “devastate” the county’s $2 million budget, county commissioners have said. With about $500,000 budgeted for the sheriff’s office and jail operation costs at a minimum of $740,000 per year, according to a study done by Carter, the county would have only about $760,000 to operate other county offices. The commissioners — Carter, Tabor and Huff — have said all other county offices would have to cut back their staffs drastically to meet the budget deficit caused by the sheriff operating the jail. County road funds are designated for roads only, and are not part of the county budget.
On June 9 Sequoyah County voters defeated a one-sixth of a cent sales tax for jail operations and a one-sixth of a cent for the sheriff’s office. They approved redirecting money — not new money — for the Sequoyah County 9-1-1 system, which was on the same ballot.
Officials argue Alternatives
Jail Administrator Christine Calbert reported to the jail authority that as of Monday, the jail had 99 prisoners.
The DOC has sent an additional 10 state prisoners for housing, which raised the number of DOC prisoners to 13. It is estimated the county must have at least 50 prisoners housed for others to break even. Calbert said that seven county prisoners awaiting transport to state prisons were sent last week, and another nine were waiting to be transported to state prisons.
Calbert said she had studied the number of prisoners in the jail and believed that about 35 could be released on their own recognizance, if county judges agreed. That means the prisoners could be released without making bail.
But, Calbert emphasized, the state requires the jail staff to be the same size, at about 25 — or three jailers on duty at all times — no matter how many are incarcerated. The jail must also meet state mandates on diets for the prisoners and must also pay for medical needs. Prisoners are required to repay the jail for medical treatments, medications, and other fees, but Calbert said few do. She said last week that, on average, the jail receives about $2,000 a month in levied fees and repayments.
Fields told other members of the authority at Monday’s meeting, “I am not an elected member like the rest of you, except for Chief Lewis, and I say shut the jail. Wait 90 days and the people will come to you and ask you to please open the jail.
“If we give it to the sheriff, he’ll take the hit, and our county offices will take the hit. When the voters have enough, they will want the jail open again.
“If you put it (the jail) in the county system, people will never vote for it (the additional sales tax for jail operations).”
Fields said, “It would make law enforcement hurt, but you’ll put the county back 20 years (if the jail is operated by county money). Talk to other towns about taking in the drunks that are arrested for four hours, until they sober up, and close the jail.”
Lewis said that the one-sixth of a cent tax may be approved by voters if it was on the ballot by itself, and not with other taxes.
Lewis said, “If it was on the ballot by itself it will pass. The city (Muldrow) has tried that (multiple proposals on a ballot) and it doesn’t work.
“And no one worked for it, no signs were out. It wasn’t campaigned. You’ve got to go out and work for it,” Lewis said.
About sending county prisoners to jails in Sallisaw, Roland and Muldrow, Lewis said he would not house county prisoners. He said they caused so much trouble, some of which resulted in lawsuits, that it wasn’t worth the effort.
Sallisaw Police Chief Shaloa Edwards, contacted Monday afternoon, said Sallisaw’s jail is not set up for county prisoners.
“We can only hold people 10 days, and can only hold four men and two women,” he said. “We only have six cells. We will, of course, do everything we can to help the county.”
Lockhart disagreed about placing a sales tax for the jail alone on a new ballot.
“I don’t think it will pass by itself,” he said.
Tabor said it will take another 60 days to announce and hold another election.
“I’ll run the jail if you want me too,” Lockhart offered, adding, “This is not my problem. I inherited it.”
Lockhart took office in January after defeating incumbent Sheriff Johnny Philpot. Lockhart has consistently said he would operate the jail if asked to with county money, but realizes that would take funds from other county offices as well as hurt the sheriff’s budget.
Tabor said, “I’m like Mr. Fields. Close it. I’m tired of messing with it.”
Fields made the motion to begin the process to close the jail, which was seconded by Tabor.
“I want to commend the people of the east end,” Tabor said about his own district. “They passed it (sales tax for jail). But if we give the jail to the sheriff, it’s going to devastate every county office.”
Tabor suggested authority members ask the district attorney how to go about closing the jail, which will be considered at the Aug. 3 authority meeting.
Fields pointed out, “We can’t even afford the (liability) insurance to protect us from lawsuits.”
Calbert said the liability insurance — $65,000 — is due at the end of August. The jail has enough money to pay salaries through July, she said.
Lewis suggested the county look into leasing the jail to a private prison corporation, many of which have been criticized.
Fields commented, “Tulsa tried that and it didn’t work.”
Calbert said she and Lockhart had visited with Tulsa County officials who said they would send as many prisoners as the county jail would hold, and would pay $27 per day per prisoner. But, after three days, Sequoyah County would be responsible for all their medical needs, which are to be, but are often not, repaid.
Fields asked if loans could be obtained to keep the county jail open until additional funding — such as housing Tulsa prisoners or having another tax election — could be found. While loans are available to the jail authority, Lewis recommended the county not go into more debt, which would be hard to pay back.
After checking her jail roster, Calbert said many county prisoners now being held could be turned loose, such as 11 who are being held for fines and six who are being held for not paying child support. Even though that would cut back on food costs, the county would still have to have a full jail staff as required by the state.
Calbert said, about closing the jail, that authority members would have to visit with county judges about turning inmates loose, but about 30 prisoners would have to be housed in other counties, at a cost of on average $30 per day, which equals $27,000 a month, not including travel. One of those prisoners is charged with first-degree murder and is being held on no bond.
Lockhart pointed out that does not include travel, or that his deputies would be involved in transporting prisoners, not law enforcement. He said that closing the county jail means no criminals could be arrested and none incarcerated. The county will be without rural law enforcement other than the Oklahoma Highway Patrol and game rangers.
Lockhart said, “The citizens will be without a jail and without a sheriff’s department.”
Tabor concluded, “I’m ready to shut it down, now. Give me an alternative, one little blink of light, and I’ll live with it, but we don’t even have that.”
