Financial Perspectives for Detention: Vanhoy

Financial Perspectives for Detention

WELCOME


North Carolina Local Government

Budget Association

December 13, 2007

Rachel Vanhoy

Mecklenburg County Sheriff’s Office

Rachel.Vanhoy@MecklenburgCountyNC.gov


Objective

:

• Discuss Jail Trends and Impact

• Capital Cost of Jails

• Sources of Revenue

• Privatization


Mecklenburg County Sheriff's Office

3500

3000

2500

2000

1500

1000

500

0

1

99

7

1

99

8

1

99

9

2

00

0

2

00

1

2

00

2

2

00

3

2

00

4

2

00

5

2

00

6

2

00

7

2

00

8

Fiscal Year


• Detention Capacity

– North Built 1994

– Central Built 1997

– WRRC Built 1997

– Central Exp Built 1997

– Total

– Useable Beds (85%)

614 Beds

1,004 Beds

150 Beds

900 Beds

2,668 Beds

2,268 Beds


• Cost of Construction

– Recent Estimates are $338 per sq ft

– 500 Beds would be $62 million

– 185,000 Square Feet


• FEDERAL

– United States Marshal’s Service

– Bureau of Immigration and Customs

Enforcement (ICE)

– Bureau of Prisons (BOP)

– Social Security

– SCAAP (58 of 100 counties participated in

FY 2007)


• STATE OF NORTH CAROLINA

– Department of Corrections

• Housing

• Medical

– School Lunch Program


• INMATE FEES FOR SERVICE

– Medical Co-Pay

– Jail Fees

– Vandalism


• OTHER FEES

– Commissary

– Vending Revenue

– Telephone

• Other Stuff

– Privatization


• FEDERAL

– United States Marshal’s Service

• Title 18, United States Code (U.S.C.) 4013(a) authorizes

Attorney General to make payments from the federal prisoner detention appropriation.

• Intergovernmental agreements (IGAs) are established with local and state governments wanting to provide detention space.

• Complete USM-243 (to request a per diem rate or an increase to the current per diem rate)

• Office of Management and Budget (OMB) circular A-87


• Effective October 1, 2003, the rate to house federal inmates increased from $91.66 per day to $109.70 per day.

• Collected $30 million in FY 2007

• Since 2001, rate increased 77% from $61.92.


• Federal

– United States Marshal’s Service in Mecklenburg

County

• The IGA rate applies to the BOP and INS.

– Cooperative Agreement Program (CAP) 18 U.S.C.

4013(a)(4);

– CAP funds haven’t been available for several years

• USMS is authorized to enter into cooperative agreements with local entities to establish satisfactory conditions of confinement and detention services in return for guaranteed bed space for federal detainees.

• Provides for federal funding of the recipient jail construction, renovation, and / or improvement programs.


• Federal Prisoner Health Care Copayment Act of

1999

• Served to amend title 18, United States Code, to combat the over utilization of prison health care services and control rising prisoner health care costs.

• Section 3 applied to health care fees for federal prisoners in non-federal institutions.


• State Criminal Alien Assistance Program

– http://www.ojp.usdoj.gov/BJA/grant/scaap.html

– Overview: BJA administers SCAAP, in conjunction with the Bureau of Immigration and Customs

Enforcement and Citizenship and Immigration

Services, Department of Homeland Security (DHS).

– SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state or local law, and incarcerated for at least 4 consecutive days during the reporting period.



– NEW! Use of SCAAP Awards: The Department of

Justice Reauthorization Act of 2005 (Pub. L. 109-162,

Title XI) included the following requirement regarding the use of SCAAP funds: "Amounts appropriated pursuant to the authorization of appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a municipality, may be used only for correctional purposes." Beginning with

FY 2007 SCAAP awards, SCAAP funds must be used for correctional purposes only.

Jurisdictions receiving SCAAP awards will be asked to report the projected use of these funds at the time the award is accepted.



– Reporting Period: The reporting period for the FY 2007 application period is July 1, 2005 through June 30, 2006. Only qualifying inmates who served four or more days during this period may be included in the FY 2007 SCAAP application.

– Eligible Inmates - Applicant Responsibilities: Unless otherwise prohibited, applicants may submit records of inmates in their custody during the reporting period who: were born outside the United States or one of its territories and had no reported or documented claim to U.S. citizenship; were in the applicant's custody for four or more consecutive days during the reporting period; were convicted of a felony or second misdemeanor for violations of state or local law; were identified and reported using due diligence.


NC SCAAP PAYMENTS

$8,000,000

$6,000,000

$4,000,000

$2,000,000

$-

2000 2001 2002 2003 2004 2005 2006 2007

Year

NC Counties Mecklenburg NC DOC


• Social Security Administration

– Provides for incentive payments to correctional facilities for information that leads to a

Retirement/Survivor/Disability (RSDI) benefit suspension.

– Up until a few years ago, incentive payments were allowable only for reports leading to the suspension of Supplemental Security Income

(SSI) benefits.

– SSA will pay such facility / institution:


• $400.00 if the Reporter furnishes the information on a confined individual described above to SSA within 30 days after the date the individual’s confinement in such facility / institution begins; and / or…


• $200.00 if the Reporter furnishes such information to SSA after 30 days after such date but within 90 days after such date.



– Department of Corrections (DOC)

• Sentenced to Sheriff $18.00 per day (still)

– Chapter 443,section19.21(a) of the 1997 NC Session

Laws (SL).


• North Carolina General Statute (NCGS) 148-32.1 provides that “the Department of Corrections

(“DOC”) shall pay each local confinement facility a standard sum set by the General Assembly in its appropriation acts as a per day, per inmate rate, for the cost of providing food, clothing, personal items, supervision and necessary ordinary medical services to those inmates committed to the custody of the local confinement facility to serve sentences of 30 days or more”.


• New Policy effective July 1, 2004

• “In order to obtain reimbursement for any of the expenses authorized by this section

(G.S. 148-32.1(a)), a local confinement facility shall submit an invoice to the

Department (DOC) within 90 days of the date of commitment by the sentencing court.”


• Provided the county has filed its initial claim for reimbursement within 90 days of the date of commitment, the DOC will honor all remaining reimbursements requests up to 90 days after the final day of incarceration.

• Helpful for billing medical invoices and unique situations such as weekend confinements.



– Department of Corrections (DOC)

– Sentenced Backlog $40.00 per day.

– G.S. 143-29; SL 1999-237, Section. 18.10: On the day after the Sheriff has notified DOC’s Division of Prisons that a prisoner is ready to be transferred to state prison and the division has informed the Sheriff that no space is available for that prisoner, DOC must begin reimbursing the county for confining the prisoner at a per diem rate set by the General

Assembly.


• Have you forgotten anyone?

• Audits in Mecklenburg continue to identify missed revenue because of system limitations and inaccurate identification.



– Medical Reimbursement

• North Carolina General Statute NCGS 148-32.1(a)

• DOC must reimburse county jails for most of the cost of medical care.


• North Carolina General Statue NCGS 148-32.1(a)

– Invoices may be submitted to the North Carolina

Department of Correction (“DOC”) if the inmate is on the local confinement report during the period when the medical service is provided and the dollar amount of the charge is $35.00 or more. The invoice must show the inmates name, date of service and dollar amount.

Invoices could be from hospital, physicians, dentists,

EMS, mental health agencies or other medical providers.


• Civil Contemnors in Local Facilities

– Memo of August 18, 2003 from Attorney

Generals Office concludes that a civil contemnor confined for civil contempt is not such an inmate.

– A person does not serve a sentence for civil contempt but is simply confined until he or she complies with the court’s order.


• Child Nutrition Program

– Reimbursed $1.61 for Breakfast and $2.49 for lunch.

– Must offer educational program to qualify

– Mecklenburg County was reimbursed $118K for FY 2007.


• Medical Co-Pay

– North Carolina General Statute

NCGS 153A-225.

• …As a part of its plan, each unit may establish fees of not more than ten dollars ($10.00) per incident for provision of nonemergency medical care to prisoners. In establishing fees pursuant to this sections, each unit shall establish a procedure for waiving fees for indigent prisoners.


• Jail Fees

– North Carolina Code G.S. 7A-313 Uniform Jail Fees;

• Only persons who are lawfully confined in jail awaiting trial, or who are ordered to pay jail fees pursuant to a probationary sentence, shall be liable to the county or municipality maintaining the jail in the sum of five dollars ($5.00) for each

24 hours confinement, or fraction thereof, except that a person so confined shall not be liable for this fee it the case or proceeding against him is dismissed, or acquitted, or if judgment is arrested, or if probable cause is not found, or if the grand jury fails to return a true bill.


• Jail Fees

– G.S. 148-33 authorizes a county to collect from a jail inmate’s work release earning an amount of money sufficient to pay for the actual cost of the inmates keep.

– We charge 20% of gross wages for room and board.

– FY 07 Revenue $218K



• Commissary

• 10A NCAC 14J Section .0801 provides….

– Each jail shall make commissary or canteen items, including snacks and personal care products, available for purchase by inmates. The items shall be available either directly form officers or through contract vending. The price of these items shall be no higher than local retail prices. Snack and personal care products do not have to be made available for purchase if they are provided without charge.

– Mecklenburg received $353K from Commissary in FY 07.


• Telephone Revenue

– Mecklenburg entered into a new telephone contract November 2003.

– New rate is 50.2%.

– Revenue for FY 07 was $777K



• Juveniles

– The Division of Youth Services will reimburse the Sheriff’s Office for juveniles transported to detention facilities at a rate of .50 per mile.

– Only three trips per juvenile are reimbursable.

• Transport officers need to submit a form for each trip.


• Juvenile

– Division of Youth Services will not reimburse for transports to training schools.

• Those are;

– Whitaker School – Butner

– Stonewall Jackson-Concord

– Sammercan

– C.A. Dillon

– Dobbs-Kinston

– Swannonoa


• Privatization


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