FRANKFORT — The president of the Kentucky Jailers’ Association says a plan to cut $30 million out of the state corrections budget is a case of robbing Peter to pay Paul.

The state is facing a $1.3 billion revenue shortfall over the next two years and state lawmakers are looking for ways to save money and avoid tax increases while sparing popular programs. One idea is to reduce the prison population – mostly by releasing about 2,000 non-violent felons, most of whom are housed in county jails. Roughly half are already eligible for release but are waiting for required drug counseling when slots open up.

But what looks like a good idea in Frankfort may look less appealing in local counties.

“I’m furious. It’s ridiculous!” was the reaction of Bobby Waits, Shelby County Jailer and President of the Jailers’ Association. Waits said the plan won’t even save money – it will just shift the cost from the state to counties.

“They can say what they want about saving money but ultimately local taxpayers will have to make it up,” Waits said.

The House Democrats would direct the Department of Corrections to release “non-violent Class D felons” who show no indication of being a risk to the public, according to House Speaker Greg Stumbo, D-Prestonsburg. He said there are about 2,000 such felons and releasing them early could save $30 million.

But most of them are housed in county jails. The state pays counties a per diem of $31.50 to house those prisoners and counties use that money to subsidize the cost of housing misdemeanor prisoners – those charged with the least serious offenses – who are the counties’ financial responsibility.

Fixed costs at the county jails will require funding from the counties’ general funds to replace lost state money and that’s where Waits said lawmakers are balancing the budget by shifting costs to local taxpayers.

Stumbo said he hasn’t heard much complaint from local officials. That may be about to change.

Waits said he sent out an email Friday morning urging jailers and local officials to let lawmakers know they don’t like the idea. He also urged them to talk to local media about their concerns.

Greenup County Judge/Executive Bobby Carpenter said his county is working on its jail budget for next year and he doesn’t want to think about losing those state funds for housing state prisoners.

“If they’re going to take Class D prisoners out of the jails, it will hurt the jails and their budgets,” Carpenter said. “Surely to goodness they’re not going to take them from us.”

“Well I think we have to start somewhere,” said House budget chairman Rick Rand, D-Bedford. “And I’d say as those inmates leave the county jails they will be backfilled with people. Our prisons are packed.”

“It appears any more (lawmakers) worry exclusively about the state budget and not about the local budgets at all,” Waits said.

He said statewide, local jails already run a deficit of about $140 million, limiting what county governments can spend on other needs. Waits said if any inmates are released, it should be the less dangerous misdemeanants which represent less threat to the community and for whom the counties must pick up the total costs of incarcerating.

Carpenter said Greenup County is trying to reduce jail costs by using GPS tracking devices for some county prisoners and other forms of alternative sentencing. One reason is to free up their beds for state prisoners for which the county can collect the per diem.

According to DOC statistics, there are 21,169 state inmates, 7,700 of whom are lodged in jails. Stumbo said about 2,000 non-violent felons could be released under the plan.

The total number of 21,169 state inmates is down from a peak of over 22,500 two years ago when lawmakers approved a parole credit release program to reduce prison costs. About 4,000 prisoners have been released under that program, meaning the state has added over 2,600 new prisoners in those two years.

Commissioner Ladonna Thompson told House budget committees earlier this month that DOC expects about 1,400 new prisoners over the biennium, but Stumbo said Friday the budget estimates “flat-lining” the number of net new prisoners.

Jennifer Brislin, spokeswoman for the Justice Cabinet, which includes DOC, declined comment on the plan until the cabinet could review it.



Ronnie Ellis writes for CNHI News Service and is based in Frankfort, Ky. He may be contacted by email at rellis@cnhi.com. Follow CNHI News Service stories on Twitter at www.twitter.com/cnhifrankfort.