Approve Agreement M21-0082 between the State of Arizona Department of Emergency and Military Affairs, Cochise County, the Cochise County Sheriff's Office, and the Cochise County Attorney, in the amount of $7,360,000, for Border Related Crimes, Prosecution and Imprisonment, effective July 1, 2021 through June 30, 2025.

In March 2021, Sheriff Dannels received a request from Arizona legislators to provide them a list of unmet needs to address border security concerns.  Sheriff's staff built a list for additional deputies, additional Arizona National Guard personnel, overtime, vehicles, jail costs for inmates committing border related crimes, optics, and border camera equipment.  During 2021, the Cochise County Sheriff's Office (CCSO) saw a surge of unlawful border crossers along the International Border between Arizona and Mexico.  This surge was confirmed by the increasing numbers of unlawful border crossers images being generated by our border camera system and border calls for service.  Due to this surge, Arizona legislators introduced two bills to help Arizona border counties stem the flow of unlawful border crossers into the United States.  On June 30, 2021, Governor Ducey signed House Bill 2893 and Senate Bill 1823. 

House Bill 2893 amended Arizona Revised Statute 26-105 establishing the Border Security Fund to be administered by the Arizona Department of Emergency and Military Affairs.  The Border Security Funds may be used for:

• Preventing Human Trafficking.
• Preventing Entry into the United States of:
  • Aliens who are unlawfully present in the United States,
  • Terrorists and Instruments of Terrorism,
  • Contraband, including narcotics and other controlled substances.

Senate Bill 1823 Established the following Supplemental Appropriation to cities, towns, or counties:

• $20,000,000 distributed to cities, towns, or counties for costs associated with prosecuting and imprisoning individuals charged with drug trafficking, human smuggling, illegal immigration and other border-related crimes.

Due to Senate Bill 1823 and Arizona Revised Statute 26-105, Arizona Department of Emergency Management (AZDEM) under the Arizona Department of Emergency and Military Management was tasked to be the program managers.  On September 1, 2021, AZDEM had established the application and programmatic requirements guidelines.  On September 22, 2021, AZDEM began a series of online virtual meetings reference Fiscal Year 2021 Border Security Fund Application Requirements and Guidelines.  Over the next 3 months, CCSO staff worked with AZDEM that resulted in the following agreement:
 
Purpose: 

• Reimburse County for costs related to prosecuting and imprisoning individuals charged with drug trafficking, human smuggling, illegal immigration, and other border-related crimes.

Tasks: 

•  Reimbursement of overtime for Border Operations staff.
•  Reimbursement of prosecution costs for County Attorney's office.
•  Reimbursement of County incarceration costs.  Rate of reimbursement is $78.70 per inmate day.

Cost

• Not to exceed $7,360,000.

The Sheriff's Office overtime, County Attorney's Office prosecution, and Incarceration reimbursement requests was based on current cost expenditures and projected for one year.  The following is a breakdown for overtime, prosecution and incarceration reimbursement:

Personnel/Fringe (Overtime Only):
 

Purpose	Rate	Amount of Time	Total
Border Enforcement   Overtime	$250,000/Year	4 Years	$1,000,000

 

TOTAL REQUEST

$1,000,000

 
JUSTIFICATION:  The Cochise County Sheriff’s Office annual overtime budget is estimated at $250,000 per year for Border Law Enforcement.
 
Prosecution: 
 

Purpose	Rate	Amount of Time	Total
Border Prosecution	$170,000/Year	4 Years	$680,000

 

TOTAL REQUEST

$680,000

 
JUSTIFICATION:  Border Prosecution costs are estimated at $170,000 per year for the County Attorney’s Office.
 
Incarceration:
 

Purpose	Rate	Amount of Time	Total
Incarceration	$1,420,000/Year	4 Years	$5,680,000

 

TOTAL REQUEST

$5,680,000

 
JUSTIFICATION:  Incarceration costs are estimated at $355,000 per quarter for housing inmates for border related crimes. Rate of reimbursement is $78.70 per inmate day.  Detailed backup documentation is to be provided to the STATE upon request.
 
Total Project Costs:
 

TOTAL PROJECT COSTS:

$7,360,000

 
Detailed backup documentation is to be provided to the STATE upon request.                                     
                        
Chief Civil Deputy Christine Roberts has reviewed and has approved as to form.

The Sheriff's Office will work with Finance, Procurement, Human Resources and Fleet Departments to fulfill the requirements and guidelines of this agreement.

This agreement pays for overtime, prosecution and incarcerations costs caused by southern border criminal activity in Cochise County.  If this agreement is not approved by the Board of Supervisors this deployment will not occur.  CCSO does not have any other funding alternatives to accomplish these border activities.

If approved, please send the signed agreement to Chief Tom Alinen for further distribution.