Jailer announces lawsuit against DOC in Fiscal Court, cites overcrowding

Jun. 29—Pulaski County Detention Center (PCDC) is the regional jail for many surrounding counties, but it also holds inmates that would otherwise be in state prisons. As a result, the county jail has been near its double capacity for years with no solution in sight.

Pulaski County Jailer Anthony McCollum approached the lectern in Tuesday's Fiscal Court meeting to talk about a lawsuit that's been brimming since January of this year.

"Several jails have sued the (Kentucky Department of Corrections) for not taking sentenced inmates, which they are required to do," said McCollum. "Instead, they are leaving them in county facilities. This puts the burden back on county jails to find a facility willing to take them. Most jails across the state are having the same issue we are."

The suit was filed by the Kentucky Jailers' Association, which Jailer McCollum is an executive board member of, and multiple jails including Marion County and Boyd County.

Inmates that are the responsibility of DOC are considered "state inmates". These are inmates who have committed felonies and are sentenced to prison for more than a year. Rather than going to a county jail, they should be in a state prison, claims the suit, but the DOC fails to take them to prison and instead puts the onus on the county jails.

As of Tuesday's Pulaski County Fiscal Court meeting, there are 17 federal inmates and 152 state inmates lodged at PCDC.

The lawsuit also alleges the DOC fails to properly fund the care of prisoners. The suit says the DOC sets the cost of housing state inmates "arbitrarily" and provides the county with between $33 and $36 per diem while the suit claims caring for prisoners costs at least $50 per diem.

This contradicts previous statements DOC has made. Said the DOC communications manager Katherine Williams in an email sent to a Commonwealth Journal reporter, "The Department of Corrections (DOC) does not determine the per diem rate. The per diem rate for jails is set by the state legislature. If you have questions about the rate or any anticipated changes please contact the general assembly. DOC also does not manage or operate county jails. They are independent facilities operated by an elected county jailer, or an administrator appointed by the county government or regional board. The physical conditions of jails are the responsibility of the county."

Technically, while the DOC sets standards for county jails, performs inspections, approves remodeling, and houses state prisoners in county jails, they are not involved in the day-to-day operation of county jails. Hence, they are legally not responsible for the disrepair the Pulaski County jail is in. However, they are responsible for some of the overcrowding, alleges the suit.

Other claims the suit makes involve programs designed to reduce recidivism and improve the conditions of prisoners' lives. The DOC's inaction allegedly prevents jails from engaging in these activities and facilitating the rehabilitation of prisoners.

Says the suit, "Depending on their classifications, many state inmates are eligible to—or required to—participate in programs designed to improve their personal health, education, employability, or other life skills, and some are eligible to participate in work programs. State inmates who are eligible to do so can satisfy court-imposed requirements (a prerequisite to becoming eligible for parole), can earn credit toward their sentences, and can earn money by participating in these programs. However, since eligibility to participate in such programs is dependent on a state inmate's classification, any delay in classifying a state inmate also delays his ability to participate in these programs and, in turn, delays his ability to become parole-eligible, to finish his sentence, and/or to earn money."

Continued Jailer McCollum in court, "PCDC is one of the most overcrowded jails in the Commonwealth, and we realize that," said McCollum. "We are striving to correct this problem by having a feasibility study to see the direction we need to go... this decision will be left to the people of (Pulaski County) and the court. The jailer has no control over who comes in or who is released from the facility. There are only 69 open jails in Kentucky, many smaller than the PCDC. The county jails are holding around the same number of state inmates as state facilities."

Inspections performed by the DOC reveal the gravity of the issue. With more than 390 prisoners against 213 beds, many prisoners are sleeping on mats on the floor. One inspection said that a cell was difficult to even walk through "without stepping on mats/inmates."

Inspections also mentioned outdated bathroom fixtures. According to McCollum, replacing this equipment with newer models would involve extensive remodeling. At this point, said McCollum, it's easier to just build a new jail rather than invest the time and resources to update the long-outdated jail.

Despite the bleakness of the situation, McCollum underlined for the court the advancements they are trying to make. The jailer spoke at length of the welding and forklift operation training provided. Mental healthcare is available to help reduce the underlying trauma that many believe causes addiction.

Work details provide prisoners with a chance to go out and complete monitored labor for the county, usually groundskeeping or trash pickup.

The jail also has a plot of land dedicated to gardening. This gives inmates fresh veggies, and the surplus is donated to God's Food Pantry.

In court, County Attorney Martin Hatfield praised the efforts of McCollum and other jail workers. He echoed the idea of mental healthcare being a primary focus for prisoners. McCollum has claimed numerous times that addiction is the source of the vast majority of inmates' crimes, and Hatfield has been lobbying for determining the root causes of prisoners' problems when they enter the legal system.

Hatfield has been working to have Pulaski County be one of the "pilot counties" for programs that do exactly this.

"The idea behind it is to get people assessed as soon as they come into the system, find out what their issues are, if it's mental health, if it's addiction, if it's both, which came first, and then getting them a treatment plan," said Hatfield. "I've been doing this a long time, and I can tell you, we're never going to arrest our way out of all of these problems."

Hatfield and McCollum joked privately after the meeting that, if all the current prisoners were treated for addiction rather than continue in the "revolving door" that is the current jail system, "we'd be out of a job."