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Since the matter of alleged acoustical deficiencies is public in <br />nature I believe it is correct to assume it is known to some and <br />maybe all of our current inmates. It goes without saying that this <br />presents them with another issue which they may litigate. While we <br />have no means of estimating our future costs of legal defenses <br />arising from such litigation, I believe that it would be in the <br />public interest and far more responsible for us to solve the <br />problem forthwith as opposed to ignoring the problem and inviting <br />litigation. <br />RECOMMENDATIONS <br />It is recommended that the Board of County Commissioners: <br />1. Direct staff to communicate in writing with appropriate <br />staff of the Department of Corrections and the Office of <br />the Attorney General <br />a. To express our willingness to proceed to cure <br />alleged acoustical deficiencies to the standard set <br />forth in ACA 2-5.114. <br />b. Obtain DOC approval of this standard as the <br />acoustics level(s) to be achieved by us. <br />c. Obtain DOC and OAG agreement that in the event <br />acoustics level(s) is/are promulgated in the future, <br />and, if the level(s) are more stringent than those <br />currently referenced in ACA 2-5.114, Indian River <br />County will be expressly exempted from those more <br />stringent levels based on the fact that we intend to <br />proceed expeditiously and in good faith <br />2. Direct staff, upon receipt of assurances as referenced in <br />1.b and 1.c above, to: <br />a. Direct architects to engage in design work <br />incidental to curing acoustical deficiencies in the <br />existing maximum security pod. <br />b. Direct architects to design appropriate acoustical <br />considerations into our pod currently in the design <br />development stage. <br />STATE OF FLORIDA <br />DEPARTMENT OF LEGAL AFFAIRS <br />.EMOB-AND t114 <br />TO: Russell Smith Charles P. Balczun <br />Chief Inspector / County Administrator <br />FROM: Jim Peters <br />Assistant ney General <br />RE: Indian River County <br />DATE: April 29, 1988 <br />In response to the April 21, 1988, letter inquiring about a <br />measurable acoustics standard for the Indian River County Jail, <br />please be advised that the American Correctional Association <br />Standards for Local Detention Facilities #2-5.114 recommends: <br />noise levels do not exceed 70 decibels in <br />daytime and 45 decibels at night. <br />36 <br />L.iAY,lC 1988 <br />Boom 72 FnE 316 <br />