The Real Cost of Prisons Weblog

[RECOMMENDATION] To ensure adequate care of inmates in a cost-effective manner, provide the State Commission of Correction (SCOC) with the authority and obligation to facilitate transfer of inmates between county jails.

[SIDEBAR]

Ulster County has spent $100 million on a new jail, and
meanwhile Dutchess County is planning a 300-bed addition
at roughly $70 million. We have the room and the staff in
our jail to take on inmates from our sister county across the river and solve both our problems, but we're not allowed to take a regional
approach that would benefitthe taxpayers of both
counties.
- Michael Hein, Ulster County Administrator

[END OF SIDEBAR]

SCOC's regulatory role is to oversee proper treatment of prisoners, and this has traditionally been done only on a county-by-county basis. Were the law changed to provide SCOC with the authority and obligation to help coordinate sentenced inmate transfers, and to approach jail population management on a regional basis, many efficiencies could be achieved.

Changes to other provisions of law would also need to be made, as the
"substitute jail order" (SJO) process used to transfer inmates from one county jail to another under approval by SCOC was originally intended to allow for handling relocation of prisoners on an emergency basis. SCOC believes that an SJO is a temporary fix to overcrowding and cannot be utilized long-term or indefinitely, which limits the ability of counties to manage their jail population.

Expanded use of inter-county transfers could reduce the number of beds that a county must provide. For example, Dutchess and Sullivan Counties do not have adequate facilities and must board inmates out to distant jails. Both could minimize the cost of necessary improvements if they were allowed to more routinely board out their inmates to nearby Ulster County. This would help Ulster, which has an inmate population of 250 in a new jail built for 426, by offsetting facility and staffing costs.

[RECOMMENDATION]] Allow multiple counties to jointly provide for care and housing of their inmates in a regional jail instead of requiring each to maintain a jail.

While two or more counties can establish a shared jail facility under
general statutes allowing for joint activities, the County Law requires that "each county shall continue to maintain a county jail as prescribed by law" and there are other technical problems that hinder cooperative approaches.
Regional jails, both in general and for special populations, should be
encouraged. While there is currently no general multi-county jail (previous attempts to form one have been unsuccessful), there are specialized facilities such as the regional juvenile detention facility operated by four Capital District counties for the past decade (Albany, Rensselaer, Saratoga and Schenectady). This model could also be used for other types of inmate populations, such as those needing alcohol rehabilitation or mental health services.

[RECOMMENDATION] Eliminate all mandated classifications in county jails, except male/female and minor/adult, to allow facility administrators to separate inmates based on the threat they present to safety and security.

Generally, state law requires separation of males/females and minors/adults. For example, if a county has a 16-bed wing with 5 female inmates in that wing, it may not fill the other 11 beds with male inmates. SCOC may also require that a jail separate civil from criminal inmates and pre-trial detainees from sentenced inmates. Thus, minor, male, pre-trial detainees would have to be segregated from minor, male, sentenced inmates without regard to an inmate's criminal history. Most correctional experts agree that each inmate should be evaluated and housed based on his or her particular
criminal history, background, and prior incarceration record. Using these criteria inmates can be separated based on safety and security concerns, with those of similar risk housed together. Additionally, with fewer required separations, counties will be able to manage their jail populations more effectively.

[RECOMMENDATION] Clarify statutory provisions to indicate that the State Commission of Correction (SCOC) shall have authority to approve jail plans and specifications based upon current population capacity needs and not projected higher future needs.

SCOC has broad discretion to ensure a safe and humane environment for
inmates and staff in prisons and jails. In the 1990s, SCOC began
aggressively addressing overcrowded conditions, and counties responded by expanding existing facilities or constructing new ones. Since 1995, over 30 counties have built more than 6,000 new jail beds. The number of beds a county must build has been based on SCOC's prediction of future inmate population. Some counties believe their capacity needs were overstated by SCOC, while others planned for larger facilities to generate revenue by boarding in inmates from other jurisdictions.

[SIDEBAR]

Examples of Pending Jail Projects

Dutchess County is planning a 300-bed addition at roughly $70
million.

Sullivan County's temporary solution will cost $73 million (a
longer-term solution is estimated to cost $105 million) for a county
with 75,000 residents.

Steuben County is adding 96 beds at a cost of $13 million.

Rensselaer County's jail expansion is estimated to cost
$50 million.

Suffolk County is building a 904- bed jail at a cost of $163 million.

[END OF SIDEBAR]

Several counties are currently dealing with the prospect of building a new jail that complies with number of beds that SCOC requires. Other counties are seeking to reduce their correctional needs through alternatives to incarceration. For example, beginning in 1998 Tompkins County began adding over $500,000 to their annual budget for alternative programs as a way of forestalling an expansion of their facility. The county scaled back its expansion plans after the jail population dropped due to the alternative programs. Since overcrowding persisted, SCOC insisted that a 160-bed facility be built instead of the 104-bed facility proposed by the county. The county and SCOC are currently at an impasse, with SCOC insisting that the larger facility be built, and Tompkins County taking no action. SCOC has removed the county's variances for double-bunking and has threatened to
reorder the county's jail classification system to further reduce its
capacity, which would force more inmates to be boarded out. Facility size determinations should factor in the availability of special facilities, the capacity of jails in nearby counties, and use of alternatives to incarceration programs.

[RECOMMENDATION] Move toward a single statewide jail system, managed by the Department of Corrections, which would be phased in pursuant to a long-range plan.

Statewide corrections systems exist in other states, although generally not states as large as New York. In late 2007, the Governor of Maine outlined a plan to consolidate state prisons and county jails to address chronic overcrowding, double digit growth in costs, and a lack of necessary services. The plan calls for the closure of four county jails and the creation of at least one specialty facility to treat prisoners with mental health problems.

We recognize that moving to a statewide system of jails is a dramatic
departure from current practice that would require detailed study and a long-term implementation plan. We believe, however, that a statewide system could create many efficiencies and improvements. The current approach, involving prescriptive regulatory oversight of each county jail as a discrete entity simply isn't efficient, and the best long-term solution is simply to manage the system more broadly. This could occur in interim steps, with early actions such as providing treatment in state-run facilities for county inmates with special needs.

http://www.nyslocalgov.org/pdf/LGEC_Final_Report.pdf