The Commonwealth faces a crisis in its county jail system. Seventy-six of our jails are at 120% capacity, facilities are aging, and counties that construct new facilities are still paying down debt. Because of this, the legislature identified the need for a specialized workgroup to address these, among other, concerns. So, the Jail and Corrections Reform Task Force was created.
Over the past several years, local officials from counties across the state have requested additional state support for county jails, particularly since so many state inmates are held in local facilities. Counties do receive a daily reimbursement for state inmates held in their facility, but like so many functions of state government over the past two or three decades, that per diem has fallen behind actual costs. For example, on average it costs $40.11 per day to house an inmate in a local facility. The state currently pays the facilities $35.34 per day for the housing of state inmates that are Class C or Class D. Until lawmakers approved a rate increase in 2022, the daily reimbursement was actually even lower, at $31.34.
The legislature also acted to address overcrowding with the passage of SB 225, which made parole more accessible for eligible non-violent offenders, specifically those classified as Class C or Class D. While county officials have stated that this action went a long way in helping with overcrowding and strapped finances, there is still a great deal of work left to be done on this issue.
Further increasing the daily reimbursement rate may sound like an easy fix, but that is not the case. An additional increase might help the counties that have jails, but more than 40 counties no longer operate jails. Instead, they contract with a county that does. A state rate increase would raise their costs as well, plunging many into budget issues.
Task Force members met as a group multiple times throughout the interim, and individual members are also hearing from stakeholders and researching potential solutions. The Kentucky Jailers Association, the Kentucky Department of Corrections, County Judge Executives, and many other stakeholders have testified before the panel to express, address, and discuss concerns and solutions regarding incarceration throughout the state. One thing is clear: it will not be an easy solution and it will take time.
Lawmakers have devoted a great deal of time to issues with the current classification system. As you can imagine, the classification of inmates is vital to the operations at correctional facilities. Without a proper classification a jail could be overspending on security needs, and be providing the wrong support mechanisms to help the incarcerated individual. Classifications are also necessary for programs or work assignments that would provide sentence credits for those incarcerated. The number of inmates without security classifications has doubled over the past 12 years.
Panel members are also delving into the finances behind maintaining a correctional facility. The costs are rising dramatically. In addition, many are dealing with maintenance projects that have been put off too long and now are even more expensive to tackle. Statistics show that, after five years, the cost of a deferred project doubles. In Kentucky, the current estimated cost of addressing deferred maintenance is a total of roughly $2.5 billion. That price tag could double within the next five years if those projects are not addressed soon. This does not even take into consideration additional maintenance needs that may arise.
Another contributing factor, is the need for educational and skills programming to increase rehabilitation. To be effective, jails need to be more than a housing center for those convicted of crimes. Many of our local facilities are innovative and, despite financial problems, utilize community partners and available resources to provide opportunities to those in their care. These programs vary county by county, and many do not have the capital available to implement robust, rehabilitative programming. These programs, such as the re-entry program in Pulaski County Detention Center, have decreased the recidivism rate among program graduates who are released.
Rising operational costs, debt, classification of inmates, and aging facilities are at the forefront of the problems that face our county jails. If the problems are left unresolved then the taxpayer will be burdened, our incarcerated population will not be properly treated, and a great many other problems will arise.
After many meetings and months of testimony, the task force has put together a variety of preliminary goals for the upcoming Regular Session. The task force has expressed its interest in reforming the classification of state and county inmates, per diem rates, standardizing rehabilitative and re-entry programming within local and state facilities, and addressing facility upkeep.
As always, our district will not be neglected. I can be reached anytime through the toll-free message line in Frankfort at 1-800-372-7181. You can also contact me via e-mail at Amy.Neighbors@lrc.ky.gov and keep track of interim committee meetings through the Kentucky Legislature’s Home Page at legislature.ky.gov.
