Orange County NC Website
, - . -• <br /> - :.:•,r7: , :,,,.. <br /> . -:•.. <br /> ■ .' , <br /> •:. . '..' .. <br /> :.. : <br /> . . ...., . <br /> RESOLUTION <br /> During the past several years, and nore particularly during the past few <br /> nonths, the Orange County Bar has noted the substantial efforts made by the <br /> County Commissioners to improve jail conditions in Orange County. We recognize <br /> the inordinate amount of time and energy that has been devoted towards correcting <br /> the deficiencies in the current jail and towards beginning construction of a <br /> . _ <br /> now facility, and appreciate the Commissioners' concern and work on this issue. <br /> ::,. ';'.,.• . <br /> Although we know that plans for a new facility have already been drawn up . .„ . <br /> , .. . <br /> and put out for bids, two problems have recently come to our attention which we <br /> ,. . - ... <br /> feel merit serious reconsideration of the current plans, even if this results in .. , , ; .. .... <br /> same delay in the beginning of construction. These problems relate to the <br /> amount of living space provided in each cell, and the need for an indoor exercise <br /> room. <br /> , • <br /> As we understand the current plans, they call for thirty-five (35) square <br /> feet of living space for each inmate in each one-person cP11. While this meets <br /> the bare minimum required under ourrent,NOrth Carolina regulations, it is sub- <br /> St2ntially less than the minimum required by many recognized correctional standards. <br /> For example, the American Correctional'.Association's Manual of Standards (1977) <br /> ..... . <br /> provides for a minimum of sixty (60), square feet peralgmate for inmates kept in <br /> the cell for less than ten hours adaY and eighty (2 square feet per inmate for <br /> those confined ten hours or more; the Federal Standards for Corrections recently <br /> adopted by the United States Department Of Justice also requires between sixty (60) <br /> and eighty (80) square feet per inmate; and the National Sheriff's Association <br /> Handbook on Jail Architecture requires seventy (70) square feet per prisoner. ... _. <br /> • <br /> Given the wide disparity between these standards and the minimum currently <br /> required in North Carolina, it is entirely possible that the North Carolina <br /> standards will be amended, leaving Orange County with a costly new jail that is <br /> rot in compliance with state regulations. More importantly, a civil rights action <br /> brought in federal court by prisoners held in the thirty-five (35) square foot . <br /> cells could result in a finding that the cell size is unconstitutional under the <br /> Eighth Amendment and an order that the new jail be modified, at considerable <br /> public expense- In fact, these same potential problems recently caused the public <br /> officials in Catawba County to modify their plans for a new jail by substantially <br /> increasing the 0,...Juunt of cell-space per inmate. <br /> Similar concerns exist with regard to the lack of an indoor exercise room. <br /> The American Correctional Association Standards for Adult local Detention Facilities <br /> states that "indoor space should be provided for . . . a moderate amount of <br /> physical exercise throughout the year . . . . Exercise and recreation are essenf-ial <br /> to good hoAlth." Again, the failure to provide such a room may result in a new <br /> jail that is susceptible to a constitutional challenge and the expenditure of more <br /> money to renovate the facility than would be required to incorporate an exercise <br /> room into the original design. : . <br /> g - <br /> In light of these problems, the Orange County Bar Association respectfully <br /> requests that the Commissioners of Orange County: <br /> .-.' . <br /> . . <br /> , . <br /> • . <br /> .. ' <br /> . , <br /> - , <br /> . - <br /> , . <br /> ..... . <br /> . • <br />