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
[email protected]
Financial Perspectives for Detention
Objective:
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Discuss Jail Trends and Impact
Capital Cost of Jails
Sources of Revenue
Privatization
Financial Perspectives for Detention
Mecklenburg County Sheriff's Office
3500
3000
2000
1500
1000
500
0
19
97
19
98
19
99
20
00
20
01
20
02
20
03
20
04
20
05
20
06
20
07
20
08
ADP
2500
Fiscal Year
Financial Perspectives for Detention
• Detention Capacity
– North Built 1994
– Central Built 1997
– WRRC Built 1997
– Central Exp Built 1997
– Total
– Useable Beds (85%)
614 Beds
1,004 Beds
150 Beds
900 Beds
2,668 Beds
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
Year
NC Counties
Mecklenburg
NC DOC
2006
2007
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;
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–
–
–
–
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Whitaker School – Butner
Stonewall Jackson-Concord
Sammercan
C.A. Dillon
Dobbs-Kinston
Swannonoa
Financial Perspectives for Detention
• Privatization
Financial Perspectives for Detention
Questions