Letter to the Editor:

County governments across the Commonwealth are drowning in red ink from the severe financial burdens local jails are experiencing in housing and caring for “state prisoners”. Some of our smaller counties are nearing bankruptcy over jail funding issues. Virtually every county is just one major medical claim away from insolvency.

The cost of housing state prisoners in our jails is depriving counties of opportunities to provide quality of life services and projects for our citizens. Funds for economic development, senior and youth programs, recreational facilities, waterline expansion, sewer service, emergency services, transportation needs, and road improvements are severely reduced by the high cost of housing the state’s prisoners.

Kentucky’s county jails are holding thousands of state prisoners with the state funding considerably less than the cost for housing and caring for them. The state reimburses counties less than 70% of the amount paid to private prisons for the same service. While the state pays some private prisons more than $45 per day to house a prisoner, they pay counties $30.51 per day.
 
This issue is further compounded by the state only providing funding for prisoners who have received final sentencing, with no payment made to county governments for the preceding “time served” while awaiting trial. In Hardin County, on any given day over 50% of our inmates have not yet received their final sentencing. Here is the math:

Essentially all prisoners held in county jails are incarcerated for violating state laws. County jails very seldom hold a prisoner for violating a local city or county ordinance. As a result, virtually the entire expense of operating these jails should be a state expense and not another un-funded mandate from the state to local government.  

County jail populations across the Commonwealth have increased more than tenfold since the mid 1980’s, while state funding to counties has remained stagnant. Counties are spending as much as 50% of their general fund to support jail costs. This year Hardin County will spend over $3 million in county funding to support the detention center’s $6.5 million annual budget. This equates to approximately 30% of the county’s $11 million General Fund revenue going to pay for incarcerating state prisoners.

While medical costs are rising for all citizens, the costs of mandated medical, dental, and psychological care for prisoners are dramatically increasing. There has been little effort by the state to assist with the rising medical costs incurred by counties for state prisoners. Medical allotment rates sent to counties have remained level for over twenty years.  In Hardin County, this year’s jail medical expenses will exceed $1.3 million. State medical funding is anticipated at less than $200,000.

Here in Hardin County we are leading the way in utilizing innovative approaches to reducing costs at the county jail. Two years ago we partnered with our Commonwealth Attorney to become the second county in Kentucky to develop a “Rocket Docket” program to decrease the period from arrest to final sentencing for select cases, thereby reducing the time the county is paying for incarceration.

The cost of this partnership is borne by the Hardin County Fiscal Court. Fiscal Court fully funds salaries for two fulltime state prosecutors to make this program work. While it costs our county government almost $100,000 annually to pay the Commonwealth’s Attorney expenses, it is estimated we see more than a $300,000 net savings in our expenditures by housing state prisoners for a shorter duration.

Last year we started managing medical costs through a medical insurance “third party administrator” to control increasing cost of medical treatment, pharmaceuticals, and claims administration.  While this has curbed our medical costs by as much as 20% per claim, over all costs continue to rise due to the increased number of prisoners and the drug-related illnesses we are experiencing with those incarcerated.

For years Hardin County Fiscal Court has substantially funded the Hardin County Drug Court; a program designed to educate and monitor selected drug offenders to assist them, regain control of their lives and to stay out of the county detention center. Another example of efforts funded with county tax dollars to reduce the expense of housing state prisoners in our jail.

But even with all of these cost cutting initiatives, we are still forced to use county tax revenues to fund approximately 50% of the cost to house state prisoners.

Collectively, county governments understand the Commonwealth is not financially capable of immediately paying for a total statewide takeover of county jail responsibilities. However, this unfunded mandate for counties to pay the commonwealth’s expenses is also untenable for county governments. Simply put, counties can no longer afford to pay the state’s bills.

Just as county governments must reduce much needed programs and services to pay expenditures outside our control, the state must also step up to their obligation of housing, feeding, and providing medical treatment to these prisoners. Just as counties have been forced to do, the state must pay these bills prior to other expenditures for non-mandated projects, programs, and services.

County governments collectively support House Bill #274; legislation to increase state funding for county jails and eventually leading to the state’s complete assumption of jail funding requirements by 2011. On February 7th, Hardin County Fiscal Court passed Resolution 2006-010 attesting to our support for HB #274.

Please help us get HB #274 passed this Legislative Session by calling, writing, or e-mailing our state legislators today to let them know how critical adequate jail funding is to our county governments. Without your help, our local tax revenue will continue to be consumed by the unfunded mandate of paying the state’s bills for the incarceration of state prisoners. This is the most serious issue facing county governments today!

 

Harry L. Berry
Judge/Executive