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Item 4.
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| Date: | 02/20/2024 |
| Title: | County Short Term Jail Request |
| Presented by: | Chris Kukulski, City Administrator |
| Department: | City Hall Administration |
| Presentation: | Yes |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
Council review the main components described below in the background in response to Yellowstone County's request to contribute financially to the construction of a short-term detention facility.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
A lack of incarceration space in the Yellowstone County Detention facility continues to cause significant problems for safety in our community. The improvement of safety remains the City's top priority. Attached are two letters. The first is from the city to the county asking the county to consider a temporary solution to bridge the gap to a permanent expanded jail. The second is the County's response dated January 30, 2024.
As understood, the proposed project will primarily hold low-risk offenders who pose a risk to the community but have not been charged with a crime severe enough to warrant detention in the limited space currently available at the main Yellowstone County Detention Facility (YCDF). This short-term holding facility will be a pre-arraignment hold only, with most inmates being released on a bond and/or GPS monitoring after seeing a judge and some being remanded to the main YCDF. Right now, many of these offenses are going without consequence in our community, due to overcrowding at YCDF and a flagrant disregard of the criminal justice system by persons accused of these crimes.
To expedite the short-term holding facility project and ensure it can be constructed quickly, the City of Billings is prepared to offer the following:
· Immediate transfer to the county of $500,000, as included in our FY24 budget. These dollars will come primarily from the City’s allocation of marijuana tax revenues.
· An additional transfer of [XXX] in fiscal year 2025 and XXX in fiscal year 2026. These dollars will likely come primarily from a combination of marijuana tax revenues and general fund appropriations.
In exchange, we request the following:
· The City and County will work to develop a written agreement spelling out mutual expectations as soon as possible. Neither party will have any obligations until the agreement is signed. In addition to other issues, the agreement will address the following.
· The County and the Yellowstone County Sheriff’s Office (YCSO) will be solely responsible for the construction, operation, and maintenance of the facility. Any unexpected construction costs would be borne by the County.
· The County and YCSO will indemnify and hold harmless the City of Billings for any claims, errors, or omissions that may arise from the construction, operation, and maintenance of the facility.
· The County and YSCO will ensure that the Billings Police Department has available to it, for short-term detention, at least 30 beds every 24 hours averaged over time. The beds may be used for the pre-arraignment holding of any non-violent or low-risk offender, without regard to the exact type of charge. These beds are intended to add capacity for this class of offenders, and more serious offenders of the type already being incarcerated shall not count towards this minimum allocation. We understand that the County has concerns about the enforcement of municipal infractions and are happy to discuss a reasonable limitation. The YCSO would retain reasonable discretion to refuse any offender who could not be safely housed in the facility based on normal YCSO operating policies (e.g., due to medical reasons, etc.).
· The County and YCSO will work diligently to have the short-term holding facility open, for at least 30 beds, no later than June 1, 2025. If the facility is not available for use by July 1, 2015, the City of Billings will reduce its contribution by $50,000 per month until the facility is operational.
· The County and YCSO will not, at any time now or in the future, seek payment or contribution from the City of Billings for costs related to occupancy, operations, or maintenance. Neither party will have any liability for costs or charges related to occupancy, operations, or maintenance incurred before the agreement is signed.
We also want to express that while this short-term holding facility is an important and necessary strategy for reducing crime in our community, it is no replacement for an expansion of capacity at YCDF. That being said, the City greatly appreciates the productive conversations with the County to develop a planning process and proposal for jail expansion and we look forward to continuing that partnership to bring forward a larger jail expansion project.
As understood, the proposed project will primarily hold low-risk offenders who pose a risk to the community but have not been charged with a crime severe enough to warrant detention in the limited space currently available at the main Yellowstone County Detention Facility (YCDF). This short-term holding facility will be a pre-arraignment hold only, with most inmates being released on a bond and/or GPS monitoring after seeing a judge and some being remanded to the main YCDF. Right now, many of these offenses are going without consequence in our community, due to overcrowding at YCDF and a flagrant disregard of the criminal justice system by persons accused of these crimes.
To expedite the short-term holding facility project and ensure it can be constructed quickly, the City of Billings is prepared to offer the following:
· Immediate transfer to the county of $500,000, as included in our FY24 budget. These dollars will come primarily from the City’s allocation of marijuana tax revenues.
· An additional transfer of [XXX] in fiscal year 2025 and XXX in fiscal year 2026. These dollars will likely come primarily from a combination of marijuana tax revenues and general fund appropriations.
In exchange, we request the following:
· The City and County will work to develop a written agreement spelling out mutual expectations as soon as possible. Neither party will have any obligations until the agreement is signed. In addition to other issues, the agreement will address the following.
· The County and the Yellowstone County Sheriff’s Office (YCSO) will be solely responsible for the construction, operation, and maintenance of the facility. Any unexpected construction costs would be borne by the County.
· The County and YCSO will indemnify and hold harmless the City of Billings for any claims, errors, or omissions that may arise from the construction, operation, and maintenance of the facility.
· The County and YSCO will ensure that the Billings Police Department has available to it, for short-term detention, at least 30 beds every 24 hours averaged over time. The beds may be used for the pre-arraignment holding of any non-violent or low-risk offender, without regard to the exact type of charge. These beds are intended to add capacity for this class of offenders, and more serious offenders of the type already being incarcerated shall not count towards this minimum allocation. We understand that the County has concerns about the enforcement of municipal infractions and are happy to discuss a reasonable limitation. The YCSO would retain reasonable discretion to refuse any offender who could not be safely housed in the facility based on normal YCSO operating policies (e.g., due to medical reasons, etc.).
· The County and YCSO will work diligently to have the short-term holding facility open, for at least 30 beds, no later than June 1, 2025. If the facility is not available for use by July 1, 2015, the City of Billings will reduce its contribution by $50,000 per month until the facility is operational.
· The County and YCSO will not, at any time now or in the future, seek payment or contribution from the City of Billings for costs related to occupancy, operations, or maintenance. Neither party will have any liability for costs or charges related to occupancy, operations, or maintenance incurred before the agreement is signed.
We also want to express that while this short-term holding facility is an important and necessary strategy for reducing crime in our community, it is no replacement for an expansion of capacity at YCDF. That being said, the City greatly appreciates the productive conversations with the County to develop a planning process and proposal for jail expansion and we look forward to continuing that partnership to bring forward a larger jail expansion project.
ALTERNATIVES
City Council may make changes to the above identified language.
FISCAL EFFECTS
The fiscal effects depend on the conversation. Yellowstone County has requested $3,000,000.
SUMMARY
The Council will discuss their response to the County's request for financial support to build a short-term detention facility.