Source of funds main topic in justice project discussion
Hillsboro residents concerned about impact of sales tax
Staff reporter
Packed like sardines in a can or inmates in a cell, the overflow crowd of more than 70+ people Monday evening got a good taste of what a crowded office or jail cell might be like.
County residents packed in the warm and stuffy county courtroom to discuss the Marion County Justice Project and most were in agreement that a new jail was needed but not sure how to pay for it.
The public meeting was called by Marion County Commission to hear public comment regarding the possible construction of a new jail and judicial center.
Prior to the meeting, tours of the jail and judicial offices were given.
The county's 70-year-old jail is out of compliance with state standards for jails and eventually the county will be faced with the decision of a new facility or transporting inmates to another jail facility.
Marion County Sheriff Lee Becker said his main concern was the safety of personnel. A narrow catwalk encircles the two jail cells, leaving personnel vulnerable to inmates who can reach through the bars and possibly assault them as they pass by.
When the jail facility was constructed, personnel used a west staircase to enter the second-floor area where the cells are located. That entrance is no longer accessible and the only way to get to the electronic controls to open and close jail doors is by passing by a cell of prisoners, said corrections officer Garry Klose.
In addition to safety concerns, the bars on the cells are out dated, there are no provisions for female prisoners, no holding cell, and no way to classify or segregate inmates.
Those prisoners waiting to be convicted and those serving sentences are not separated, said Klose.
The area where dispatch is located is not storm proof and because of the close proximity of dispatch to the prisoners, one side of dispatch conversations can be heard by prisoners.
In addition, Klose is the only corrections officer or jailer. So when he's not working, deputies have to do rounds on the weekends which takes them off the streets and away from other duties. During the night, dispatchers make rounds to check prisoners which brings back concerns of safety.
The old jail has an inefficient heating/cooling system, and no laundry or kitchen facilities, which requires the county to spend $2,000-$3,000 per month for meals.
The jail has a capacity of 11 inmates but at times has housed up to 25, with mattresses on the floor to accommodate the overflow.
"One person could watch four people or one person could watch 60 people," said Becker, referring to the efficiency of a new facility.
If a new facility is not constructed, Becker estimated the cost to house Marion County inmates at Chase County could cost $40 per day per inmate, and an additional deputy just to transport prisoners at a salary and benefits of $37,000 per year.
During the past three years, there was an average of 10.5 inmates per day in the Marion County Jail. If 10.5 inmates were transported to Chase County, that cost alone would be $420 per day, and $153,300 per year. Currently the sheriff's total budget for personnel and operation of the jail is approximately $450,000 per year.
Trends in prison population indicate within 10-20 years, Marion's inmate population could increase to 40 or more per day, which would increase the county's cost to house prisoners elsewhere. And even without a jail, the county would continue to have costs associated with a sheriff's department — deputies, vehicles, and administration.
Eighth Judicial District Chief Judge Michael Powers said he wasn't sure if judicial concerns were the same as the jail.
"The courtroom is not an issue," said Powers.
His concern is focused on the three probation officers who are housed in inadequate spaces.
The district court clerk's office and the judge's offices are not secure. There's an inefficiency, Powers said, because personnel in the clerk's office and in the judge's office are in opposite ends of the building.
Court services and community correction officers meet with convicted criminals in small, cramped offices with no safe access. Panic buttons are available in the offices but otherwise the officers are at the mercy of the criminals.
"These are people who were to go to prison but were sent to the county jail," said Powers. State statutes dictate sentences and how those sentences should be served which include more probation and community corrections (county jail time).
Weekend court commitments are common, said Powers, because those with employment are able to maintain the employment and serve their sentences on the weekends.
"Weekend commitments cause serious overcrowding in the jail," Powers said.
He also said he had concerns on days when court was in session.
"This third floor is packed on court days," he said, and everyone is intermingled — prisoners, victims, families, etc.
"Marion County will fail an upcoming security audit," said Powers.
The two most common ways to finance a detention center are with a special retail sales tax and an increase in property taxes, which is how Chase County financed its facility and expansion project.
Most concerns expressed at the meeting, primarily made by Hillsboro residents, were about a possible one to 1.5 percent increase to Hillsboro city's 7.3 percent retail sales tax. The county's sales tax is 6.3 percent. Hillsboro residents recently passed an increase to pay for a family aquatic center.
"How can I keep and do business in town if I'm going to be the highest taxed county?" asked Doug Wright of Hillsboro. He added that if the sales tax increase passes, he wouldn't even be able to sell his business.
Randy Hagan agreed.
"This puts us at a disadvantage with other cities and counties," said Hagan. "Any type of sales tax would be disastrous for us. You'll end up collecting less tax if businesses disappear."
He said he had no problem with the facility but was concerned about using sales tax. Hagan said Woodson County used private money for bonds.
"Marion County residents are on fixed incomes," Hagan said, and can't afford any more increases.
Commissioners Dan Holub and Randy Dallke reiterated that the county's current sales tax rate is 6.3 percent.
Nick Nickelson of Marion asked if this could a private business deal.
"Could this be a for-profit business, a private jail?" asked Nickelson. No clear answer was heard regarding the comment.
Prior to questions and comments, Becker explained that there could be improvements made to the current jail at an estimated cost of $1-3 million. An elevator for ADA compliance, and reconfiguration of the building would be needed to become compliant to state standards. But the question was raised by Craig Dye of Marion of the length of time those improvements would be in compliance.
"We can spend $3 million for something that may last for five years or $8-11 million for 20 years," said Dye.
Bob Maxwell of rural Marion said he wasn't sure if a private business operating the jail would meet the county's judicial responsibility. He also was against the idea of remodeling the current jail.
"That's like tossing money out the window," Maxwell said.
Rocky Hett of Marion asked Powers if more people would have been incarcerated if there was a more adequate jail available. Powers responded there were times when house arrest and weekend commitments are not sufficient punishment.
Judy Starkey of Peabody asked about the success of other facilities.
Becker responded that Chase County is planning a $2.5 million expansion project which is an indication of the demand for jail space.
Lisa Wildin of Marion wants the county to be pro-active instead of reactive.
"We're in for a lawsuit," said Wildin. She explained that eventually someone will fall or will not be treated fairly due to ADA and other issues because of the inadequacy of the jail.
"Let's choose a facility that will be adequate to take care of prisoners," Wildin said.
Maxwell agreed.
"Let's do it right one time and not drag it out," he said. "Go with 48 beds with adequate space for 72."
Albert Reimer of Hillsboro said merchants had told him that 75 percent of their business comes from out-of-town people.
"We need to look at the whole picture of what's best for the entire county," Reimer said. "Marion County needs to work together as a team."
He continued that a sales tax could put some businesses out-of-business because it would be higher than other cities and counties.
Arlene Stika of Marion asked if two counties could operate one jail.
Becker said he talked with Dickinson County but there will be an issue of location.
The project
As previously reported, here is the project that is being considered.
For a 48-bed facility, the approximate cost for the detention center would be $8 million. The approximate cost could be $9 million for a 72-bed facility. For an addition $1 million, a judicial center could be included. That could facilitate probation and district court offices, and a courtroom.
According to David Artebury bonding agent of George K. Baum Company, a one percent sales tax or an eight mill increase in property taxes would need to be implemented to pay off a 10- to 15-year bond issue.
Commission chairman Dan Holub reported he testified Friday to a finance committee in the house of representatives regarding the bill. The committee passed the bill which now will be discussed in the House of Representatives.
Unfortunately, Rep. Don Dahl was not in attendance that day for the committee meeting and did not vote on the issue.
Holub considers a sales tax a "fair tax because everybody pays."
If judicial is included in the new project, the third floor of the courthouse will be utilized. Some offices are crowded and space is at a premium. The courtroom could be used for county commission, and other types of public meetings, said Holub.
No site has been determined but suggestions of Marion Industrial Park near U.S.-56 have been made.
Grants and other sources of funding will be researched.
