Optional jail program can benefit state and counties

Evolution of bill creating program shows importance of partnership with Legislature

New Year’s Day is not generally considered a time to reflect and look back. Most of us are caught up in the excitement and thinking about possibilities for the New Year – the weight we are going to lose or the trips we are going to take.

But Jan. 1, 2012, afforded counties the opportunity to look back and look ahead. On Jan. 1, the Statewide Misdemeanor Confinement Program officially began. The program pays counties to house misdemeanants with sentences between 90 and 180 days – inmates who would normally be assigned to a state prison. Counties that have extra bed space in their county jails can choose to participate in the program and receive a per diem for housing the extra prisoners that should more than cover any costs incurred.

The program truly represents a win-win for the state and counties. The state is able to relieve some of the overcrowding in the state prison system by diverting some short-term inmates to county jails. And counties with extra space that choose to participate in the program can receive a new revenue stream to support jail operations.

It is important to look back, however, and remember that in its original form, the Justice Reinvestment Act (H642) would have shifted all misdemeanants with sentences greater than 90 days and up to 180 days to county jails without any kind of reimbursement. The program would have been another example of those two words that county commissioners dread more than any other – unfunded mandate.

Association staff and commissioners from across the state – working hand-in-hand with their sheriffs – convinced legislators that making such a drastic change would have detrimental impacts on many county jails and county budgets. Our data showed that more than half the county jails in the state were already operating at or over capacity and had no space for additional inmates.

The General Assembly – and in particular former Rep. David Guice, who is also a former Transylvania County commissioner and served as the primary sponsor of the bill in the House – listened to our concerns and made significant changes to the bill. As a result, the Statewide Misdemeanor Confinement Program should not only help the prison overcrowding issue in our state, but it should also go a long way to strengthening the state-county partnership. And that is definitely something worth looking forward to.