If the state wants felons to stay in jail, it better pay for them. Otherwise, those inmates could walk.
That's the not-so-subtle warning of the Utah Association of Counties (UAC), which is urging its four most populous counties to pass ordinances that provide only as much jail space for state felons -- sentenced by judges to county jails -- as the Legislature will fund.
"It is not a matter of fighting the Legislature; it is a matter of managing with the resources they have given us," said Brent Gardner, UAC's executive director. "Our financial situation is probably worse than the state's. There really isn't any alternative for the counties."
Jail reimbursement long has been sore spot between the state and counties. The recession has only made it more raw.
While the state is supposed to split the cost of incarcerating convicted felons in county slammers, its funding has fallen considerably short. That gap has led counties such as Salt Lake, Davis, Weber and Utah to consider a cap -- based on funding -- on how many state inmates their lockups can hold.
This year, the state set aside $6.5 million for jail reimbursements. That's about 20 percent of the actual costs of keeping those felons behind bars, according to Gardner. He says the state should be paying closer to $15 million. Consequently, Gardner says, some counties are suffering.
Utah County Sheriff James Tracy says financial woes have forced his county to close a 64-bed pod this year. The jail has plenty of space, just not enough cash. The state is supposed to pay about $1.6 million for its inmates. Tracy got only $800,000 this year.
The sheriff concedes that releasing felons early -- even if they are nonviolent offenders -- poses "inherent problems." But he said the county has little choice.
"I don't mind accepting these guys," Tracy said, "but somebody has got to pay."
Gov. Gary Herbert has proposed plugging more money -- about $10 million -- into county jails in 2011.
"The governor's interest," said spokeswoman Angie Welling in a statement, "is in ensuring that the program is accurately funded and counties can meet the housing demands."
But counties may have a hard time catching more cash from the Legislature, particularly when lawmakers are wrestling with a nearly 1 billion-dollar budget gap.
Sen. Lyle Hillyard, co-chairman of the Executive Appropriations Committee, said lawmakers will be hard pressed to pump more money into jail reimbursements if the state's revenues -- projections are due out in mid-February -- continue to drop.
"It is kind of hard to think about cutting public education or closing a pod at the state prison to fund what has always been [the counties'] obligation," said the Logan Republican.
While he acknowledges the state has offered to help counties cover the cost of jailing felons, Hillyard said that arrangement included one critical reminder for counties: "As money is available."
Salt Lake County Sheriff Jim Winder says the counties should take a more diplomatic approach to finding a financial fix. The idea of squeezing felons onto the streets doesn't appeal to him.
"My job is to provide public safety," he said. "Part of providing public safety is to ensure that felons, especially felons sent by a judicial order, are incarcerated."
But Gardner says counties cannot continue to house an estimated 1,200 state inmates without more money from the state. It's not about political threats, he said, it is about jail management.
"Ultimately, the decision lies with the Legislature," he said, "to approve whatever money they need for their prisoners."
