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					Financial Perspectives for Detention




WELCOME
Financial Perspectives for Detention



North Carolina Local Government
       Budget Association
      December 13, 2007

            Rachel Vanhoy
    Mecklenburg County Sheriff’s Office
 Rachel.Vanhoy@MecklenburgCountyNC.gov
        Financial Perspectives for Detention



Objective:
•   Discuss Jail Trends and Impact
•   Capital Cost of Jails
•   Sources of Revenue
•   Privatization
              Financial Perspectives for Detention



             Mecklenburg County Sheriff's Office

      3500
      3000
      2500
ADP




      2000
      1500
      1000
       500
         0
          97
          98
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          00
          01
          02
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          04
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          07
          08
        19
        19
        19
        20
        20
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        20




                        Fiscal Year
       Financial Perspectives for Detention


• Detention Capacity
  – North Built 1994          614 Beds
  – Central Built 1997       1,004 Beds
  – WRRC Built 1997            150 Beds
  – Central Exp Built 1997     900 Beds
  – Total                    2,668 Beds
  – Useable Beds (85%)       2,268 Beds
       Financial Perspectives for Detention



• Cost of Construction
  – Recent Estimates are $338 per sq ft
  – 500 Beds would be $62 million
  – 185,000 Square Feet
      Financial Perspectives for Detention


• 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)
      Financial Perspectives for Detention



• STATE OF NORTH CAROLINA
 – Department of Corrections
   • Housing
   • Medical
 – School Lunch Program
      Financial Perspectives for Detention


• INMATE FEES FOR SERVICE
 – Medical Co-Pay
 – Jail Fees
 – Vandalism
       Financial Perspectives for Detention



• OTHER FEES
  – Commissary
  – Vending Revenue
  – Telephone
• Other Stuff
  – Privatization
        Financial Perspectives for Detention


• 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
           Financial Perspectives for Detention


• 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.
        Financial Perspectives for Detention


• 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.
        Financial Perspectives for Detention


• 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.
         Financial Perspectives for Detention


• 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.
          Financial Perspectives for Detention


• State Criminal Alien Assistance Program
   – 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.
           Financial Perspectives for Detention


• State Criminal Alien Assistance Program
   – 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.
         Financial Perspectives for Detention



                    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
       Financial Perspectives for Detention


• 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:
        Financial Perspectives for Detention


• $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…
       Financial Perspectives for Detention


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


• STATE OF NORTH CAROLINA
 – Department of Corrections (DOC)
   • Sentenced to Sheriff $18.00 per day (still)
      – Chapter 443,section19.21(a) of the 1997 NC Session
        Laws (SL).
        Financial Perspectives for Detention


• 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”.
       Financial Perspectives for Detention


• 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.”
       Financial Perspectives for Detention


• 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.
         Financial Perspectives for Detention


• STATE OF NORTH CAROLINA
  – 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.
       Financial Perspectives for Detention


• Have you forgotten anyone?

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


• STATE OF NORTH CAROLINA
 – Medical Reimbursement
   • North Carolina General Statute NCGS 148-32.1(a)
   • DOC must reimburse
     county jails for most
     of the cost of medical
     care.
        Financial Perspectives for Detention


• 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.
       Financial Perspectives for Detention


• 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.
       Financial Perspectives for Detention


• 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.
         Financial Perspectives for Detention


• 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.
         Financial Perspectives for Detention


• 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.
       Financial Perspectives for Detention


• 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
Financial Perspectives for Detention
          Financial Perspectives for Detention


• 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.
       Financial Perspectives for Detention


• Telephone Revenue
  – Mecklenburg entered into a new telephone
    contract November 2003.
  – New rate is 50.2%.
  – Revenue for FY 07 was $777K
Financial Perspectives for Detention
        Financial Perspectives for Detention


• 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.
       Financial Perspectives for Detention


• 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
Financial Perspectives for Detention




    • Privatization
Financial Perspectives for Detention




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