New Facilities
Built In Nearby Counties Are Already Full
By TOM
YANCEY
Staff Writer
Jail crowding
appears to be "an ongoing challenge" for every Tennessee county, not just Greene County, according
to Hamblen County Mayor David Purkey.
"It's a challenge we all have,"
Purkey said in a telephone interview with The Greeneville Sun on Friday. "I don't talk to a single
county mayor or sheriff who doesn't have an overcrowded jail."
Purkey,
along with Cocke County Mayor Iliff McMahan and Washington County Mayor George Jaynes were
interviewed separately by the Sun this week about jail crowding problems their counties have faced
or are facing. Greene County Sheriff Steve Burns was also interviewed for this
article.
The interviews were prompted by the Sept. 12
certification/decertification deadline that Greene County has been given by the Tennessee
Corrections Institute (TCI) because of ongoing crowding and related issues at the Greene County
Detention Center, or jail, located on East Depot Street behind the county
courthouse.
The county's workhouse on Summer Street remains certified by
the TCI and is not under a decertification threat.
'In The Same
Boat'
"Every county is in the same boat," Sheriff Burns said
Wednesday. In county after county, he added, "Typically, if schools are starting to get overcrowded,
so are jails."
He noted that Jefferson County has built a new justice
center to deal with overcrowding, and Hawkins County has nearly finished converting the former Kmart
on U.S. Highway 11W into a justice center for the same reason.
Sullivan
County finished a major addition to its jail a year ago, and "it's already full," Sheriff Burns
said.
Last week, the Greene County Commission approved spending $20,000
to do core drillings and a preliminary environmental study on a 54-acre tract that has been offered
to the county for $1.3 million.
The purpose of the drilling is to see if
the site would be suitable for a justice center. The county has not committed to buying the property
but has an option to do so.
The site is located at the intersection of
Hal Henard Road and U.S. Highway 11E.
Commissioner Jerry Weems, who is
chairing the combined efforts of the three commission committees studying the situation, has said
the consensus of those commitees (Law Enforcement, Courthouse/Workhouse, and Budget and Finance) is
that a new jail and justice center on a new site is probably the county's best
option.
But, he and others freely acknowledge, there is no consensus
among the commission members yet on jail size, or how to fund a new
facility.
Sheriff Burns has told the commission that he thinks enough
actual progress has been made to enable him to plead the county's case successfully before the TCI
in Nashville in a few days and retain jail certification while the progress
continues.
But the sheriff also has said that movement toward a solution
to the local jail overcrowding problem has to continue if TCI certification is to be
preserved.
Hamblen: 'Still Overcrowded'
Two years ago, Hamblen County added 100 beds to its jail after a year-long period
of "decertification," Mayor Purkey said.
The 100-bed addition to the
1970s justice center cost about $1.5 million, and brought the total number of beds to 255, he
said.
Even so, he said, "We're still overcrowded -- but everybody's
overcrowded."
Hamblen County has "an active jail study committee"
appointed by the chairman of the Hamblen County Commission, that is "looking at alternatives" to
building a bigger jail, he said.
Purkey added that the committee is
looking at alternative sentencing and alternative monitoring.
"Talk to
anyone that has built a justice center in the last five years," Purkey said, and you'll find that
"they're overcrowded again."
"We know we can't build our way out of jail
problems," he said. "I've never heard a sheriff say, 'We built it (a new jail) just right.'
"
Property Tax Increase
Purkey started
his career in law enforcement serving in the court system and spending five years as a state trooper
and an agent with the Tennessee Bureau of Investigation before assuming his current position in
1995.
He said every county he knows about has started the process hoping
to build a jail big enough to handle the next 15 or 20 years, "but the reality is, in a year or two,
you're full again."
Hamblen County issued a note for the $1.5 million
addition and increased the property tax levy to the debt service fund to pay for the note, he
said.
Mayor Purkey said that Hamblen County kept the same number of state
inmates at the same state reimbursement rate during the year that its justice center was
"decertified."
He said the county receives about $800,000 per year for
housing post-trial state-custody inmates, but the budget for the jail and the Sheriff's Department
is about $5 million.
"You can see that we subsidize those departments a
lot with property tax revenues," he said.
Jonesborough Center
Grows
Washington County Mayor George Jaynes has presided over a $25
million justice center expansion that was initially triggered by
overcrowding.
The justice center expansion, now under construction, will
include seven courtrooms and all court-related offices, and will add 240 beds to the jail, for a
total of 560 beds, Mayor Jaynes said.
"When we get it done, it will still
be overcrowded," the mayor said Wednesday in a telephone interview from his office in
Jonesborough.
Jaynes said Washington County was able to delay loss of
certification "for a year-and-a-half or two years" while the improvements were in the planning
stages. But finally, the Tennessee Corrections Institute "put the order to us that we had to do
something or lose our certification," he said.
At that point, the
Washington County Commission had to come up with funding. The TCI "gave us 60 days; we had no
choice," Jaynes said.
"It required a big property tax increase," he said.
He said a tax hike that totaled 56 cents included not only the justice center and jail, but also two
new schools at roughly $25 million each, and two $12 million high school
renovations.
Jaynes said the jail budget is just over $5 million per
year, and the sheriff's office budget is almost $5.5 million, to which several smaller, related
budgets are added.
"The state makes the laws" about jail crowding, Jaynes
said, adding, "They ought to be the ones that have to pay" the costs of
compliance.
State, Federal Prisoners
Jaynes said he thinks Greene County Sheriff Burns should be commended for trying
to make the best of the current situation by attempting to find a way to generate part of the cost
of a new jail by building it large enough to house 200 more federal inmates than the average of 80
now being housed.
"I hope he can do that," the Washington County mayor
said.
Jaynes noted that, to offset costs, Washington County also houses
large numbers of federal inmates on a regular, ongoing basis because of the higher federal
reimbursement rate of $48 per day.
Federal marshals, he said, have got so
many prisoners in custody awaiting trial or sentencing "that they don't care where they [the
prisoners] go."
Washington County also has about 150 prisoners who are in
pre-trial custody of the Tennessee Department of Corrections, Jaynes said, adding, "We can't get rid
of them."
Occasionally, he said, the state will call Washington County
"and tell us that they can take 10 prisoners" and transport them to prison. When that happens, "We
get rid of them (the prisoners) immediately," Jaynes said.
But he pointed
out that, because of crowding in state prisons, those kinds of phone calls don't come often
enough.
Even if Washington County did not have any state-custody
prisoners, Jaynes said he is convinced that inmates charged with misdemeanors and probation
violations would soon fill the jail anyway, and he pointed out that the county gets no reimbursement
for those prisoners.
He noted that Johnson City, which is not required to
have a jail, has one anyway, and has a contract with the state to house female inmates because of
the higher reimbursement that comes with them.
Cocke County's
Dilemma
Cocke County Mayor Iliff McMahan is in a different position
from Hamblen and Washington counties:
His jail has been decertified by
the TCI for more than two years, and the county's legislative body, or CLB, as the county
commission is called there, is still deliberating about what to do.
Cocke
County's small jail was decertified by the Tennessee Corrections Institute early in 2006 after the
CLB failed to approve funding for a jail study, McMahan explained.
When
he took office in 2002, he said, he soon learned that the county's jail, part of which is 78 years
old, had never been certified.
The jail had "a lot of issues" over and
above the overcrowding issue, he said, including problems with the building itself, and problems
with staffing and contraband getting in.
Jail problems were so serious
that the entire Sheriff's Department was in jeopardy of losing its liability insurance, according to
Mayor McMahan.
Loss of its insurance would have meant that Cocke County
inmates would have had to be housed elsewhere, with the county paying the
tab.
Counties in Tennessee are required by law to have sheriff's
departments, he said, so steps were taken to address everything that could be addressed in the
existing building to keep from losing the liability insurance.
"We could
not address overcrowding," he said, but Cocke County made enough progress on the other jail-related
problems to deal with the insurance crisis -- and a side benefit came when the TCI certified the
jail for the first time in 2004, despite its overcrowded
conditions.
Mayor McMahan said Melody Gregory, the TCI inspector, said
she gave Cocke County credit for what it had been able to achieve, although the jail was still
overcrowded.
Task Force Formed
Then in
2005, he said, a "justice center task force" was formed with representatives of the District
Attorney's office, local judges, the Sheriff's Department, the Newport Police Department, the county
attorney, the state Department of Children's Services and some County Legislative Body
members.
In late 2005, the CLB was asked by the task force to appropriate
$50,000 for a feasibility study that would have led to the county's building a jail and justice
center on one of four sites, McMahan said.
He explained that the jail
itself, with 125 beds, was at that point projected to cost $10 million, plus another $7 million for
the justice center.
The CLB "cut the request to $30,000, and then didn't
pass it," McMahan said.
He continued, "It's clear to me, if we don't
build the jail," Cocke County will be headed back toward the same situation it faced in 2002
[lacking TCI certification].
McMahan said that it is his "feeling" that
the CLB will ultimately provide funding for the jail, but not the justice
center.
"The commissioners I talk to understand that the problem is in
our lap," and has to be dealt with, he said.
He said most commissioners
understand that, if nothing is done, eventually a court will
intervene.
If that happens, he said, the cost to Cocke County "will be at
least 50 percent more" than it would be if the county builds the kind of jail the task force has
tried to specify.
McMahan said Cocke County would have to raise property
taxes to build a new jail, but the county would also take advantage of a state law passed last year
that he said allows litigation fees on court documents to be raised to
$50.
The litigation fee law allows up to $25 of the fee to be applied to
upgrading courthouse security, McMahan said, but "we're proposing putting the entire $50 to jail
construction."