3/1/1988 - Laserfiche WebLink

Home Browse Search

Chairman Scurlock noted that we have a C.O. from Building Director Rymer but not from the state, and wished to know if we can tell the Sheriff to move prisoners in whether we have the state certificate or not. Administrator Balczun advised that the C.O. from our Building Director is a certificate of occupancy; the D.O.C. certificate is a certificate of use. The Chairman asked what could happen if we proceed without the D.O.C. certificate, and Attorney Vitunac advised that the D.O.C. could shut down the jail; also, possibly the Sheriff would not agree to move into an uncertified jail; and thirdly, any incidents in the new jail - rape, mayhem, etc. - then would result in lawsuits that allege we have opened an unsafe, uncertified jail, and our liability might go sky high. He suggested that perhaps we could initiate a lawsuit to see if we can go in and open the jail. Commissioner Wheeler suggested that we call Percy Folsom of the D.O.C. and also write him advising that we are budgeting for and attempting to hire the required personnel, and then if the D.O.C. does not wish to cooperate, as a last result, go to court. Attorney Vitunac believed the Sheriff's people would have to certify a certain level that they could actually open and operate the jail at even if it is not up to standards. Questions followed as to how the Sheriff would feel about going ahead and opening the jail and whether he possibly could use certified people from Phase 1 to open the new facility. Captain Reese did not feel they could. He informed the Board that he has 210 prisoners today, and he is 123 over capacity for Phase 1. Commissioner Wheeler did not understand how they could have that many over the allowed number, and Captain Reese explained that it is due to the classification they have to go by. For instance, you can't take a murderer or rapist and put them in a facility with no bars. Also, you must have 24 hour visual R 11988 51 BOOK 71 Fc E 149