Special sales tax considered to pay for jail, court services
Public meeting planned for March 6
Staff reporter
Property tax increases or an increase in retail sales tax are the two choices facing Marion County leaders regarding the possible construction of a new law enforcement center.
Marion County Commission heard proposals Feb. 1 from consultants Dan Hall of BG Consultants and David Artebury of George K. Baum, bond consultant.
Following updated information from Marion County Sheriff's Department and Hall, Artebury provided information about financial options.
Bonds could be issued to cover costs for construction that could run between $8.6 and $11 million. Revenue from the jail and other sources would be used to pay the bond issue, said Artebury.
"It would be nice if the jail could generate enough revenue to pay the bond but there's no guarantee," he said.
Another source could be increases to property taxes or a special retail sales tax.
An eight-mill increase in property taxes or a one percent sales tax increase would be necessary for a $10 million project. Currently the county's sales tax is one percent.
In order to implement a special sales tax for the facility, the tax must be approved by state legislators and the county be added to a statute. The commission was instructed to contact Representative Don Dahl as soon as possible to begin the process of having it approved yet this session. The county could have its name added with two other counties that will be considered this session.
When a county is added to a statute to allow a special sales tax, county voters would have the opportunity to approve or deny the additional sales tax, hopefully in the November election.
Revenue from the sales tax only could be used for bond payments, Artebury said. Approximately $800,000 per year for 20 years would be needed for bond payments for a $10 million project, he said.
If there are surplus funds after bond payments are made, funds would be deposited in a reserve account to pay off the bonds early. When the debt is paid, the special sales tax would be discontinued, said Artebury.
Even though a new facility could cost a considerable amount of money, if the county jail is not compliant, the county could be faced with other problems besides an overcrowded jail.
"You can't put a cost on what the county could pay if sued," said county attorney Susan Robson.
Expansion of the current facility could cost $2-$3 million but the county would still have a 50-year-old facility with a few upgrades. Space availability for expansion also would be an issue.
A public meeting between the commission, consultants, and constituents is tentatively planned for 7 p.m. March 6 in the courtroom.
Current jail facility
Sheriff Lee Becker said his first safety concern regarding the current jail is for his employees.
"Employees spend the most time there," Becker said.
The half-century-old, out-of-date facility has 11 beds. Eight or nine inmates don't cause problems, Becker said, but 16 inmates do, and cited increased incidents of violence due to overcrowding.
Becker said the inmates will eventually be back out on the streets and living within communities. Inmates incarcerated in overcrowded, unsafe conditions for an extended period of time could be a detriment to society when released.
Currently, when calls come in to dispatch, inmates can hear the calls, radio traffic, and dispatchers' responses.
Becker also expressed his continued concerns of dispatchers, particularly female employees, who are within arm's reach of prisoners.
"There is a need for a 24-hour jail staff," Becker said. It costs the same for a staff member to watch five prisoners as it does 50, he said.
On weekends, when the full-time corrections officer doesn't work, deputies are taken from patrolling duties to take care of prisoners.
"If we don't do something about our current situation, someone else will," Becker said, referring to compliance issues.
If improvements aren't made at the current jail or a new jail constructed, the county could be forced to transport and jail inmates in other facilities.
About the project
There is a possibility that the county's judicial department also could be housed with law enforcement. The option was considered because the third floor of the courthouse, currently used for court services, is full. Plus there are anticipated requirements in the near future that would require updated security systems in the courtroom area.
If courtrooms and offices were added to the law enforcement facility, it would come at a cost of about $1.2 million. It is not known what the cost would be to update the current court services area at the courthouse.
If a new facility is constructed, plans could include housing non-violent prisoners from other counties to provide more revenue.
Corrections officer Garry Klose reported he had recently contacted area jails regarding current capacities, and expansion or new construction plans.
Sedgwick County is wanting to construct a new jail facility but no immediate plans or financial source has been determined, Klose said. Even if a 400-bed expansion was planned, the expansion would take care of Sedgwick County's immediate needs and not those needs in the future, he said.
Saline County has no plans. It has a 10-year-old, 192-bed facility and is overcrowded, Klose said, particularly for female inmates.
Chase County is expanding and will open in two to three months. That facility will have a total of 150 beds.
Other counties that were contacted were at capacity with local and transferred inmates.
Klose noted a Jan. 28 news article in the Wichita Eagle that reported 190 Sedgwick County inmates were "farmed out" to Rice and Wilson counties which are located 88 miles from Wichita. Jail personnel currently are traveling 17,000 miles per month to transport inmates to and from facilities. If Marion County had a facility, it would be attractive to Sedgwick County because it is closer than 88 miles, said Klose.
Sedgwick County pays $30 per day per inmate plus medical expenses.
Becker added that the state now is trying to put offenders in county jails to offset state costs.
He also noted there was no way to classify inmates for security purposes and implement programs such as work release programs.
"Right now, if prisoners are allowed to be integrated into the community (work release), there may be pressure from other inmates to participate in illegal activities," Becker said, emphasizing the need for keeping work release inmates separate from others.
Eighth Judicial District Chief Judge Michael Powers said the other three counties in the district do have work release programs.
"There are times when prisoners are sole bread winners for families and almost always have a lot of restitution fees to pay to the county," Powers said. The program allows the criminal to be punished but keep their jobs.
They would be released at a prescribed time to go to work and return at a prescribed time, Powers said. It would be the discretion of the sheriff's department to check for alcohol and drugs.
"If some inmates are able to spend 16 hours in jail but able to work, there may be more families being taken care of," Powers said. Not everyone would be eligible, he added.
Robson asked if there would be an opportunity to house federal prisoners. Becker said the facility would have to meet federal regulations with regular inspections. Currently jails in Harvey and Butler counties house prisoners for immigrations.
Hall said the facility would be constructed to meet federal regulations but there may be additional staff requirements.
If court services were housed with the jail, there would be fewer security issues, said Becker.
Powers added if judicial were separate from the jail facility, there could be added expense for staff to transport prisoners to court. He reminded the commission that the county has a statutory obligation to provide jail and court facilities.
Michele Abbott-Becker, director of communications and emergency management, said the new facility would be a safer environment for dispatchers and could meet emergency operation center requirements.
Construction design
The facility could be built in pods or sections to allow expansion of facilities at minimal costs.
A single cell could have 16 prison cells for high-security prisoners who would be in the cells 23 hours per day. A 24-unit dormitory would house five inmates per room. There could be eight units that are flexible to house females, teens, or special needs prisoners.
The 48-unit facility could be built to allow expansion if the need arose. If expanded to 72 beds, another dormitory space would be created, said Hall.
Marion City Administrator David Mayfield asked Hall the size of area needed for the facility.
Hall responded not less than three acres but said they weren't at that point yet to know for sure. Mayfield said the city would be willing to accommodate the facility and thought there was sufficient space in the city's industrial park.
Additional space would be needed for parking for employees, visitors, and jury members.
If everything was in place for immediate construction, Hall said the project wouldn't be completed until 2008.
Cost estimates
Approximate costs for a 48-bed, 13,378 square foot area could be $7,869,000. If a judicial department were included, the cost could be approximately $1,175,000 more for 7,782 square feet. There would be a 10-15 percent charge for architectural/engineering design and construction inspection, and $61,000-$68,000 for additional staff.
If a 72-bed facility were constructed, costs could be $8,770,000 for 45,368 square feet.
Project timeline
Hall presented a timeline and action steps to accomplish the project.
Budget needs must be determined by the county commission in February. Scope of the project should be decided by April 15, site selection by July 15, preliminary design approval by Sept. 15, determine financing by Nov. 1, and approve final design by March 1, 2007.
Construction could begin by July 2008 with occupancy by August 2008.
