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County Law Update: By Mike Rainwater
What is a city’s liability for county jail housing costs?
Ark. AG Opinion No. 2009-043, dated June 1, 2009, provides guidance on the issue of the duty of a city to pay for housing municipal prisoners in a county jail. Expect this to be an issue in the next legislative session.
Misdemeanor Arrestee: A prisoner delivered to the county jail is initially considered a municipal prisoner if he or she was arrested by a city officer for a violation of state or municipal law occurring within the city. Op. Atty. Gen. 2004303. A city’s liability to the county for the daily fee for a municipal prisoner begins when the prisoner is first incarcerated in the county jail, i.e., when they are delivered to the jail and the sheriff or his/her representative accepts custody. Ark. AG Opinion No. 2009-043. Felony Arrestee: A city is liable to the county for a prisoner arrested by a city officer on felony charges until such time as the prisoner is formally charged. Ark. AG Opinion No. 2009-043. Ordinance Arrestee: If the city is liable for the prisoner both pre- and post-sentencing because he or she has violated a municipal ordinance, then the city is also liable for any additional time served on charges stemming directly from the original charge. Ark. AG Opinion No. 2009-043.
Sheriff’s Duty to Accept/Reject: Neither the sheriff nor his representative is permitted to refuse to accept such a prisoner unless that action is necessary to limit prisoner population in compliance with the law and constitution of this state and the United States Constitution. Ark. AG Opinion No. 2009-043.
In-County Prisoners Have Priority: A sheriff may not refuse in-county municipal prisoners in order to house out of county inmates. Ark. AG Opinion No. 2009-043.
Transportation and Hospital Security:
Once the sheriff or his representative accepts custody of a prisoner, the county is responsible for transporting that prisoner to court appearances and providing security if that prisoner requires hospitalization. Ark. AG Opinion No. 2009-043.
Contract Option: A city and a county have the freedom to enter into an agreement where the county houses the city’s prisoners for a flat monthly rate. Ark. AG Opinion No. 2009-043. City by City Contract Differences: A county operating a jail may permissibly enter into a separate and distinct agreement for housing prisoners with each city that wishes to share its jail. Ark. AG Opinion No. 2009-043.
Per Diem Fee Or-
dinance: Te county is under no duty to pass an ordinance setting a daily fee for housing prisoners, as the relevant statutory language is permissive rather than mandatory. See A.C.A. § 1241-506 (a)(1) (stating that the county quorum court “may by ordinance establish a daily fee” (emphasis added.)) However, it appears that if the quorum court chooses to set a daily fee by ordinance, it then has a statutory duty to base that fee upon “the reasonable expenses which the county incurs in keeping such prisoners in the county jail.” A.C.A. § 12-41-506(a)(2) (stating that “the fee shall be based upon . . . reasonable expenses[.]”) Ark. AG Opinion No. 2009-043.
Mike Rainwater Risk Management Legal Counsel
(Mike Rainwater, a regular contributor to County Lines and lead attorney for AAC Risk Management, is principal shareholder of Rainwater, Holt, and Sexton, P.A., a state-wide personal injury and disability law firm. Mr. Rainwater has been a lawyer for over 30 years, is a former deputy prosecuting attorney, and has defended city and county officials for over 25 years)
Mike Rainwater (right) – in his relentlessly enthusiastic fashion – presents county sheriffs and key law enforcement officers with some priceless legal information in his "County Law for County Sheriffs" seminar, offered in October at AAC training facilities. Topics ran the gamut from "Brubaker" and Constitutional standards to how much health care counties are required to provide. One guiding principle, he said, is that fundamental rights cannot be eliminated, although but they can be regulated in common-sense ways.
Act 209 applies to seatbelt law, too!
A good way to increase revenues for county jails
By Eddie Jones AAC Executive Director
With the passage of Act 209 by the Arkansas Legislature in 2009, quorum courts and city councils may now increase fines in district courts by $20, which is to be used to defray city or county jail expenses. Te increase should apply also to a seatbelt conviction.
Under ACA 27-37-706, any person violating the mandatory seatbelt use law shall be subject to a fine not to exceed $25, and when a person is convicted and pleads guilty, or forfeits bond, no other court costs or fees shall be assessed. However, the fines allowed by Act 209 of 2009 can be applied to seatbelt convictions because additional fines are not the same as court costs and fees. Attorney General Opinion No. 2003-117 states, “Te statute prohibits the imposition of additional court costs and fees,” but it “does not prohibit additional fines. Courts have traditionally distinguished between fines, which are intended to be punishment for the offense in question, and court costs or fees.” Tis same logic has been reiterated in Attorney General Opinion No. 2009-148 issued in October 2009.
Act 209 of 2009 amended ACA 16-17-129 in part to read: (a)(1)(A) In addition to all fines now or as may hereafter be provided by law, the governing body of each town or city in which a district court is located may by ordinance levy and collect an additional fine not to exceed twenty dollars ($20) from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture in all cases in the first class of accounting records as described in ACA 16-17707. (b)(1) In addition to all fines now or as may hereafter be provided by law, the quorum court of each county may by ordinance levy an additional fine not to exceed $20 to be collected from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture in all cases in the first and second class of accounting records as described in ACA 16-17-707. A county ordinance enacted under this subdivision (b)(1) applies to all district courts in the county.
As a result of this amended state law, cities may now collect up to $20 in fine money on accounting one records, and counties may collect up to $20 in fine money on accounting one and two records. Accounting one records are “city cases” and accounting two records are “county cases”. Counties are allowed to asses this fine in district court on both city and county cases. Te old law allowed a maximum fine of $5 – so the new law allows a $15 increase. But, it can only be assessed by the passage of an ordinance to levy the fine.
Te revenue collected by the assessment of this fine can be used for: (1) the construction, maintenance, and operation of the city, county, or regional jail; (2) deferring the costs of incarcerating county prisoners held by a county, a city, or any entity; (3) the transportation and incarceration of city or county prisoners; (4) the purchase and maintenance of equipment for the city, county, or regional jail; and (5) training, salaries, and certificate pay for jailers and deputy sheriff’s. Te only exception to these uses is that sums collected from this fine on “city cases” cannot be used for training, salaries or certificate pay for deputy sheriffs.
Many counties in Arkansas have already availed themselves of this new revenue source to help with the burden of jail operations. But for those who have not – the Association of Arkansas Counties and the Arkansas Sheriff’s Association urge you to pass an ordinance as soon as possible. Tis source of revenue can be fairly significant – at least it will help you pay the bills. It can generate from $50,000 to $750,000 depending on the size of your county and the number of court cases in your district courts.
Te revenue raised pursuant to Act 209 of 2009 (ACA 16-17-129) was designed to raise revenue for cities and counties to support the costs of incarcerating their own prisoners and other local costs related to operating a jail. It is not substitute revenue for the costs of housing state prisoners in the county jail. Housing state prisoners in county jails is a “just debt of the state” – an obligation I feel certain they will continue to honor.
Albert Einstein said, “In the middle of difficulty lies opportunity”. Te offenders of the law should pay for the system – yes, even if it is me caught speeding or not wearing my seat belt! Breaking the law is breaking the law…
Governor’s board, commission appointees include numerous county officials
Gov. Mike Beebe made numerous appointments of county and district officials to boards and commissions during the past several months. Tese include:
Doris Tate of Greenwood, Sebastian County Clerk, reappointed to the State Board of Election Commissioners. Appointment expires May 28, 2013.
Wes Fowler of Huntsville, Madison County Judge, to the Arkansas Natural and Cultural Resources Council. Appointment expires July 1, 2013.
Larry Fratesi of Pine Bluff, Jefferson County Assessor, reappointed to the Arkansas Public Employees Retirement System Board of Trustees. Appointment expires March 9, 2015.
To the Arkansas Workforce Investment Board: Steve McGuire of Blytheville, Mississippi County Judge; and Gary Sams of Morrilton, Conway County JP.
Tommy Young of Tuckerman, a Jackson County JP, to the Arkansas Corn and Grain Sorghum Promotion Board. Reappointment expires July 1, 2011.
Tomas Flowers of Center Ridge, Conway County JP, to the State Board of Workforce Education and Career Opportunities. His appointment expires June 30, 2016.
Six county officials were appointed to the new Coroner’s Advisory Task Force: Garland Camper of Maumelle, Pulaski County Coroner; Toby Emerson of Jonesboro, Craighead County Coroner; Freddie Hudson of Cotton Plant, Woodruff County Sheriff; Leonard Krout of Pottsville, Pope County Coroner; Earnest Larry of Helena-West Helena, Phillips County Coroner; and Roger Morris of Fayetteville, Washington County Coroner. Appointments to the task force expire on April 30, 2011.
Four county officials were named to the Electronic Recording Commission: Cheryl Cochran-Wilson of El Dorado, Union County Circuit Clerk; Pat O’Brien of Jacksonville, Pulaski County and Circuit Clerk; Phyllis Villines of Huntsville, Madison County Circuit Clerk; and Rhonda Wharton of Conway, Faulkner County Circuit Clerk. Te reappointments expire Sept. 1, 2011.
Correctional Risk Services saving counties money
By D.J. Kreal
V.P. Sales / CRS, Inc.
Te Association of Arkansas Counties continues to hear positive comments about Correctional Risk Services, Inc. CRS works with six Arkansas counties as well as over 260 counties and municipalities in 17 states. Te National Association of Counties has endorsed CRS for their claims administration and inmate excess medical insurance: the only company of its kind to have such an endorsement.
In Arkansas, CRS works with: Arkansas, Crittenden, Lafayette, Mississippi, Prairie and Pulaski counties. Trough October, 2009, CRS has reduced inmate medical costs for those counties by a total of $428,454. One county alone has saved nearly $250,000, and a second county has saved more than $150,000. With the assistance of Correctional Risk Services, Arkansas Counties can now rely on a partner that specializes in reviewing and adjudicating inmate medical claims. CRS is also able to offer a unique insurance policy to help your county protect your annual budget against unexpected and catastrophic inmate medical expenses. CRS will review your inmate offsite medical bills to make sure the treatment was provided, the medical coding was accurate, and the best discounts are being applied. If CRS finds billing errors, and are able to reduce the amount you pay — they will retain a small percentage of those savings. If CRS determines the billing was accurate, they do not retain a fee. Tat’s the win-win type situation we wanted our members to be able to take advantage of. Today, the overwhelming majority of Arkansas Counties self-insure the risk of paying for a catastrophic inmate medical claim on their own. Tere is now an insurance solution available where your county can insure the risk of not deteriorating your inmate medical budget with one claim. Te insurance program available through CRS has deductible options ranging from $10,000 to $50,000. Tis deductible is tied to each inmate and will accumulate for each inmate throughout the course of the policy years regardless of how many times they have been released and re-booked. Te policy will enable your county to better manage your budget without taking those unexpected hits.
Trough a nationally awarded RFP by Dallas County, Texas, Arkansas counties are able to piggyback onto the award and begin using the program right away without bidding the service.
DJ Kreal is Vice-President of Sales for Correctional Risk Services, Inc., Brentwood, TN. For more information on these programs, contact Kreal at CRS at 615-376-6101 or djk@crisks. com. Information is also posted on their website
at www.crisks.com
A Judge for all of Arkansas
22 YEARS COURTROOM EXPERIENCE Judge Karen Baker
FOR SUPREME COURT
By John Balch Te Nashville Leader
MURFREESBORO – Pike County Judge Don Baker called the new Pike County Detention Facility “more than just a jail” during the Saturday, Oct. 25 dedication and open house of the $3.1 million facility.
Te new 64-bed facility has been in the works for more than three years.
Te new facility’s official name is the Pike County Detention Facility and Court System and it is located on land donated by the Murfreesboro Industrial Development Council. Along with plenty of bed space for prisoners, the new jail also includes a spacious courtroom where some of Pike County’s court cases will be heard and will help eliminate the majority of the traffic at the courthouse.
“Tis is something the whole county can be proud of,” Sheriff Preston “Pep” Glenn told the group of city, county and state officials gathered in the courtroom for the dedication.
Judge Baker pointed out that the new facility was built with “no added taxes or bonds.” Te construction of the new jail was funded in part by revenue generated by the county’s current one-cent sales tax and bank loans. Judge Baker said several people have played a role in making the new jail happen and he thanked Sen. Larry Teague, Rep. Randy Stewart and the City of Murfreesboro for their help in securing a grant that paid for the installation of the new facility’s water and sewer system.
Pike County Clerks Donna White and Sandy Campbell were also thanked for decorating for the open house and securing the refreshments served to the 100-plus people who visited the jail for the dedication ceremonies.
Te new jail is credited as being the “brainchild” of former sheriff Jerry Jones. He began to push hard for the facility back in 2005 and has continued to assist Sheriff Glenn in seeing the project through.
“It was well worth the wait,” Jones said as he and family members joined the dedication ceremony.
It was also Jones who began seeking ways to make the jail generate revenue. He courted the U.S. Marshal Service to house federal prisoners
in the new facility and began securing much of the needed items and furnishings before the new jail was even approved. Sheriff Glenn has reported that a contract is in the works to house at least 10 male and four female federal prisoners for approximately $226,000 per year. Glenn also said sheriffs from several other counties have already begun knocking on the new jail’s big metal doors wanting a place to house their prisoners. “We shouldn’t have any problems keeping it full,” the sheriff said.
Te new jail includes five “pods” and lockup areas capable of holding 70 prisoners, including females and four state “309” prisoners, whose stays in county facilities are paid for by the state in an effort to ease overcrowding in the state’s prison facilities. Tere is also a “suicide pod” where at-risk prisoners can be monitored and a “sally port” that allows prisoners to be safely transported to and from the back of the jail.
Glenn said the new jail’s visitation areas are
almost larger than the entire old jail and officers will finally be able to move unrestricted within the large booking area on busy nights.
“In here, at least we can turn around without bumping into each other,” Glenn said.
Te spacious carpeted new courtroom includes a judge’s bench reinforced with “bullet proof” steel and those in court will sit on 21 refurbished oak church pews. Te jail’s dispatch area is also reinforced with steel.
Te entire facility is monitored virtually 360 degrees from “the control room” via 28 cameras positioned throughout the jail and grounds. All the cameras are equipped with infrared triggers that slowly phase on when the lights go out.
A push of a button can also lock and unlock the heavy metal cell doors and exterior doors with a loud clank.
“We have complete control from right here,” said jailer/dispatcher Chris Goodson as he stood
A clear blue sky provides a nice backdrop for the handsome dark brick exterior, as U.S. and Arkansas flags fly proudly over the new Pike County Detention Facility on dedication day.
Pike County Judge Don Baker (above) welcomes a good crowd of citizens at the dedication ceremonies. A cornerstone of the new facilities is a spacious courtroom, which will relieve a lot of foot traffic at the courthouse nearby, in downtown Murfreesboro.
before a control board glowing with red and green buttons. Te new jail is also equipped with various conservation measures and jailers will be able to control the cell’s lights, exhaust fans, showers, toilets and temperatures as well as the prisoner’s access to phones and televisions or radios. Prisoners are required to have access to either radios or televisions, the sheriff pointed out.
Plans are to construct a 2.5-acre inmate garden on the grounds and Sheriff Glenn is confident the garden will trim money from the jail’s annual food budget.
Pike County Sheriff Pep Glenn shows some of the modern surveillance controls at the new jail; and in the photo below, he jangles the big loop of keys to cell doors. He and his deputies are keeping a close eye on those keys!
Lots of snack goodies awaited guests after the brief dedication ceremonies, and visitors were led on tours throughout the facility.
Jimmy Hart: Conway County Judge
Number of years as county official: Nine years County I was born in: Conway County My favorite traditional Arkansas meal: Homemade Italian spaghetti and sausage The best thing about living in Arkansas is: The abundant natural beauty of our state What I like most about my county is: Its people and their great hospitality When I’m not working I’m: Working on the farm with my sons The accomplishment of which I am most proud is: Helping raise four children and instilling in them responsibility, character, and a good work ethic The hardest thing I have ever done is: Help organize a marketing cooperative, for which I served as a charter board member My pet peeve is: People who think the whole world revolves around them If I were not a County Judge I’d be: An arbitration specialist I got started in county government because: I felt the need to develop a can-do attitude within our community You’d be surprised to learn that I... had never been involved in politics before being elected judge
Debra Buckner: Pulaski County Treasurer / Collector
Number of years as county official: Nine years County I was born in: Garland County My favorite traditional Arkansas meal: Daddy’s just-picked Big Boy tomatoes, Mom’s chicken and dumplings, turnip greens, pinto beans, cornbread sticks with real butter, and peach cobbler with homemade vanilla ice cream. Ahhhhh.... The best thing about living in Arkansas is: The diverse beauty here is a constant reminder to slow down, breathe, and enjoy our natural resources. Hot Springs was a wonderful place to have been born and reared What I like most about my county is: Variety. Being in the center of the state, something exciting is always happening. There is a pulse of anticipation here for the next event or issue. We have so many wonderful communities in our eight cities and in the unincorporated area When I’m not working I’m: Enjoying my wonderful husband and family – traveling or planning the next trip The accomplishment of which I am most proud: Rearing two beautiful daughters to be strong, successful women The hardest thing I have ever done is: Watch as my Mother courageously fought breast cancer and now lung cancer. This woman has shown such grit and dignity. My Dad passed away in October of my first year in office. These both surpass divorce, miscarriage, and other difficult times on my journey. My pet peeve is: Lame folks who insult you by not doing what they say they will do If I was not Treasurer/Collector, I’d be: Full-time wife spoiling my husband I got started in county government because: I wanted a career change at 49. I’d reached other goals and needed a new challenge for the third quarter of my life. I’m blessed because I really love my job and enjoy going to work. You’d be surprised to learn that I... Sing lead soprano in our praise band at Lakewood Methodist Church every Sunday
