Agenda - 03-16-2021; 8-a - Minutes

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11 1 Commissioner Bedford referred to an education campaign, and said there are likely 2 other places that have already been through this. He said staff should review such materials so 3 the County is not creating a program from scratch. 4 Chair Price said this type of information is likely available, and reviewing it is a good 5 idea. 6 Commissioner McKee reminded the Board that the state legislature could change the 7 Board's ability to create any sort of rules on this. 8 9 3. Discussion on Current Policy Regarding Housing Federal Inmates in the Orange 10 County Detention Center 11 12 BACKGROUND: 13 The U.S. Marshals Service is responsible for housing and transporting federal prisoners from 14 the time they enter federal custody until they are either acquitted or convicted and sentenced to 15 a designated federal Bureau of Prisons facility. During the time that court proceedings are 16 underway, the Marshals Service relies on state and local governments to provide secure 17 housing for federal prisoners. The Marshals Service reimburses these state and local detention 18 facilities for the cost of housing based on facility costs and other factors through a negotiated 19 rate determination process. The Orange County Sheriff renegotiated its contract with the U.S. 20 Marshals Service in 2016 to receive a reimbursement of$93 per day to house federal prisoners. 21 A County-engaged consultant determined that the daily cost of housing an inmate in the Orange 22 County detention facility was $111.02 based on FY 2015 costs to operate the detention facility. 23 If federal detainees are to be housed in the detention center that is currently under construction, 24 the County will likely have a different cost profile, which will need to be determined. 25 26 In any year, the total amount of revenue collected from housing federal inmates depends on the 27 daily rate and the number of inmates housed during the fiscal year. The total revenue collected 28 in FY 2018-2019 was approximately $1.54 million, while that number was $1.13 million in FY 29 2019-2020. In March 2020, the Sheriff stopped accepting new federal inmates at the OCDC 30 due to the risk of COVID-19. As inmates were sentenced and transferred to federal prisons, the 31 federal inmate population at the OCDC dropped to nine (9) individuals. Recently, and subject to 32 certain restrictions related to COVID, the Sheriff has resumed accepting limited numbers of 33 federal inmates at the OCDC. For the 12-month period immediately preceding March 2020, the 34 average daily population of federal inmates was approximately 42. 35 36 Note: Some information provided herein was obtained, in part, from a 2016 agenda abstract 37 addressing the US Marshals Service Agreement for Federal Inmate Reimbursement 38 39 Jamie Sykes, Chief of Operations, said inmate counts are down this year due to COVID- 40 19 and other diversion programs. He said there is currently less than 10. He said the County 41 only accepts federal inmates who have received a negative COVID-19 test. He said new 42 detainees are isolated and monitored for several days before they are moved into the general 43 population in the detention center. 44 Sheriff Blackwood said Orange County is on the federal marshal contract, and will 45 accept small numbers of federal inmates who meet the Covid criteria. 46 Chair Price asked if federal inmates will be accepted at the new detention center. 47 Sheriff Blackwood said, at this time, yes. 48 Chair Price asked if the increase in the reimbursement rate could be clarified. 49 Sheriff Blackwood said Travis Myren negotiated the costs. He said they wanted to get 50 reimbursed at a rate that reflected the cost of housing inmates, and Travis Myren did an