VIRGINIA BEACH
A judge on Thursday denied Sheriff Paul Lanteigne's petition to force the state to remove all of its prisoners from the city jail.
Circuit Judge Glen Tyler ruled that recent legislation gives state Department of Corrections Director Gene Johnson discretion to determine when state inmates are transferred into the correctional system.
The ruling stalls the lawsuit brought against Johnson, which contends that the state violated law by using Virginia prison space to house out-of-state prisoners while state inmates remain in local jails. The suit, filed in June, came in response to a multimillion-dollar deal to lease bed space to as many as 1,000 out-of-state prisoners.
Hunter Sims Jr., the attorney representing Lanteigne, argued that the practice allows Johnson to run a "hotel enterprise" for out-of-state felons without giving preference to state inmates.
"It is all about the money," Sims said.
The law requires state prisoners to be transferred from local jails into correctional facilities prisons within 60 days of adjudication. As of Thursday, that figure was 17, according to Lanteigne.
"I'm a little frustrated to know that the government can tell us what to do, but then they are hypo-critical and don't have to follow their rules," Lanteigne said.
Mark Davis, a senior assistant attorney general, said lawmakers recognized the potential that the department may not be able to remove inmates within the 60-day period and provided compensation to local jails at $14 a day for so-called out-of-compliance inmates.
Davis contended that the General Assembly has authorized the department to contract out-of-state inmates in state-run facilities to generate about $20 million in two years to make up for budget shortfalls.
"This is not a judicial issue," said Davis, adding that the adverse effects on the number of state inmates housed in the city jails is an issue the sheriff should take up with lawmakers.
On Thursday, state facilities housed 327 out-of-state inmates, mostly from Wyoming, according to Larry Traylor, a spokesman for the department. Sheriffs have complained that the practice sacrifices room that would be better used to alleviate overcrowding in local jails and the safety concerns it presents.
Norfolk Sheriff Bob McCabe, president of the Virginia Sheriffs Association, noted that the association did not take a position on the lawsuit.
"It's a balancing act," he said. "They're overcrowded. We're overcrowded. My biggest concern is that we all work together."
A bleak state revenue forecast could mean that state inmates will be spending even more time in local jails, McCabe said.
Former Virginia Beach Sheriff Frank Drew and former Portsmouth Sheriff Gary Waters won 1995 lawsuits and forced state officials to claim their inmates from the cities' jails.
On Thursday, Judge Tyler allowed Lanteigne 21 days to amend his petition. After that period, the sheriff will decide whether to appeal the decision.
"We will see what's the next chapter," Lanteigne said.
Staff writer Aaron Applegate contributed to this report.
Duane Bourne, (757) 222-5150, duane.bourne@pilotonline.com
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The State Pays for Local Jails
These comments are showing a particular lack of knowledge about how local jails are funded. The state pays for a majority of the construction costs of every local jail. In addition Sheriff Lanteigne's salary is paid entirely from state money. In addtion to that, the local jail gets $14 for out of compliance inmates. The only reason Lanteigne wants state-responsible inmates out is so he can use that space to house more federal INS inmates (which pay better.)
Explain to me why
No one ever holds the general assembly responsible for their inactions. They do nothing on transportation, do nothing about the budget crisis and do nothing to correct this travesty.
So the costs come down to us, the local taxpayers. The cities have no choice but to house and pay for the prisoners, so they have to cut services somewhere else or raise fees.
In the meantime, the state legislators can say "we didn't raise taxes, your city did."
When will these unfunded mandates end and when will adults take over the state government?
simply way to force compliance
dear sheriffs of va,
plain and simple once a week you round up all state inmates 60 days and older. after you process them out of your city jail you bus them to the closest doc processing facility. upon arrival you empty them out of the bus and hand cuff them to the prison gate with their paper work and go home. the doc will be forced to take custody of the convict by default when they uncuff them. simplicty at its best sometimes works
Prison solution
The Communist-wealth of Virginia always does things bass ackwards. As with transportation woes, the corrections system is no different at creating wasteful spending, disgust and resentment. Perhaps a solution to this state and local jail happy-slap is - the state build more prisons. Then the revenue from housing out-of-state inmates can help pay for those facilities. Another plus - these new prisons can create a few more jobs; boosting a local economy or two. Go figure!!!
prison system
Let the chinese operate the prison system, they know how to handle over crowding. That would cut the crime rate way down, help the already burden tax payer, get rid of building cost, decent people can walk the streets again at night. Problem solved !!
prison system
They should let the chinese run the prison system, they know how to handle over crowding, and that would take the burden off the tax payers, lower crime rates, cut building cost at the same time.
$14 a day?
If the city is only being reimbursed $14 a day to house the criminals after the 60 day limit, I think the city taxpayer is being ripped off. How much does it cost to house these people in jail a day? Well over $14 a day would be my bet. Why should a city taxpayer have to pay for someones housing when the state taxpayer(us again, different pocket) should be paying it. Tricks like this add to the already too high city tax rate. Send them packing at the end of 60 days to any doorway that is open at the state level.
If prisoners have more space than a sailor on a ship
Then they have way too much space. Convicts in prison or jail shouldn't have more space alloted to them than our sailors onboard ship. Judges--it's that simple.