Program Authorization: R.S. 15:824; R.S. 33:1432; R.S. 15:574.2-574.21; R.S. 15:1111; Hayes Williams, et al v. John McKeithen, et al CA 71-98-b (M.D. La.)
The mission of the Sheriff's Housing Program to provide a safe and secure environment for the adult male and female offenders and juveniles who have been committed to state custody and are awaiting transfer to the Department of Public Safety and Corrections (DPS&C), Corrections Services. Due to space limitations in state correctional institutions, the DPS&C, Corrections Services, utilizes parish and local jails for housing offenders. Louisiana houses more state offenders in local jails than any other state. The state reimburses sheriffs at the rate of $21.00 per day per state inmate housed in local jails.
According to a 1997 Legislative Fiscal Office (LFO) survey, 13 of 16 Southern Legislative Conference states surveyed confined inmates in local jails. The shifting of inmates to the local level has caused some jails to house inmates in excess of designed capacities. Of the 11 states reporting local jail capacity data, state inmates filled approximately 13% of those beds. Local jail populations exceed reported capacity in four of the 11 states reporting total jail populations. In Louisiana, state prisoners generally occupy about 40% of the prisoner beds available in local prisons. However, Louisiana reported local jails at 91.7% of capacity as of July 1, 1997.
Because of the critical need for close coordination between state and local government in the management of prison and jail bed space, the DPS&C, Corrections Services, the Louisiana Sheriffs' Association, and other interested parties have forged a Community Corrections Partnership to assure maximum efficiency in the system. Assistance in the construction of new jail space, effective utilization of the space, and a joint monitoring and quality assurance mechanism are key components. The department and local public entities agree to provide jail space in excess of local needs in exchange for the state's commitment to utilize a fixed percentage of the space. This arrangement enables financing of the facility when other options are not available and allows expansion of the number of beds for local use as well as state use. As of July 1997, the department had signed 21 cooperative endeavor agreements for adult beds, all of which had been approved by the Division of Administration. As a result, the department has already gained access to more than 1,700 beds. Additional approved beds not yet finished being constructed will add approximately 1,150 spaces for state inmates and 1,800 for local use.
The department and the Louisiana Sheriffs' Association have jointly developed a comprehensive set of basic jail guidelines, which must be followed by any parish prison or local detention facility as a condition of housing state inmates. This voluntary quality assurance effort has done much to ensure that the basic conditions under which state inmates are housed in local facilities are safe and constitutional.
Sheriff Foti in Orleans Parish has implemented an active work release program (as provided by statute) for state inmates serving their sentence in the Orleans Parish Prison (OPP). Division of Probation and Parole staff screen inmates for technical eligibility and provide assistance to OPP staff as needed.
OBJECTIVES AND PERFORMANCE INDICATORS
1. In FY 1998-99, the Sheriffs' Housing of State Inmates Program will continue to utilize parish and local jails for housing offenders committed to the state's custody and awaiting transfer to Corrections Services and will reimburse local authorities for housing these inmates.
1 The Florida Department of Corrections received no specific appropriation for county jails; funds are currently paid from the diversion bed appropriation at $32 per day.
2 Inmates are housed in jails only until space is available in the state prison system for the inmate. (Temporary, short-term option only.)
3 All facilities are reimbursed at a flat rate of $21 per day except for work release facilities operated by the sheriffs, which are reimbursed at $18.25, and four parishes that earn an additional $7.00 per inmate per day through approved cooperative endeavors to provide and capitalize additional beds for the state. Al l parishes are also eligible to have approved extraordinary medical expenses reimbursed. Orleans parish is also reimbursed an additional per diem of $2 for medical expenses for state inmates and $7 for all inmates served by their mental health unit.
4 A new rate of $20 per day will be the established rate for new regional county jails that have 250 beds each for state inmates.
5 Inmates perform work duties at thee facilities, therefore there is no reimbursement.
6 This figure includes a per diem rate for state and local inmates plus personnel costs.
7 Average budgeted reimbursement for county jails is $25.
Source: Adult Correctional Systems: A Comparative Data Report Submitted to the Fiscal Affairs and Government Operations Committee , Southern Legislative Conference, Council of State Governments, Fall 1997.
RESOURCE ALLOCATION FOR THE PROGRAM
SOURCE OF FUNDING
This program is funded entirely with state general fund.
ANALYSIS OF RECOMMENDATION
The total means of financing for this program is recommended at 126.2% of the existing operating budget. It represents 98.4% of the total request ($108,881,903) for this program. The increase in the recommended level is due to more State inmates being housed in parish and local jails.
ACQUISITIONS AND MAJOR REPAIRS
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