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HomeMy WebLinkAboutCity Council Minutes 02.15.2000MINUT!. S OF THE CITY COUNCIL OF !,AURi L February 15, 2000 A regular meeting of the City Council of 'the City of Laurel, Montana, was held in the Council Chambers and called to order by Mayor Chuck Rodgers at 7:00 p.m. on February 15, 2000. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: Lauren Van Roekel Ken Olson Gay Easton Bill Staudinger None Gary Temple Mark Mace Norman Orr Bud Johnson Mayor Rodgers asked the council to observe a moment of silence in behalf of the family of Miranda Fenner. Mayor Rodgers welcomed Eric Fitzgerald, a young man who is working on his Merit Badge in Citizenship, to the council meeting. MINUTES: Motion by Alderman Easton to approve the minutes of the regular meeting of February 1, 2000, as presented, seconded by Alderman Staudinger. Motion carried 8-0. CORRESPONDENCE: a. Montana Department of Transportation: Letter of January 31, 2000, regarding Urban Highway Pilot Improvement Program. b. Laurel Revitalization League: Minutes of January 13, 2000 meeting. c. Air Pollution Control: Activity Report for the month of January 2000. d. Montana Department of Transportation: Letter of February 7, 2000, regarding CTEP sub-allocations for federal fiscal year 2000. e. U.S. Department of Housing and Urban Development: Letter of February 9, 2000, regarding HUD meeting on February 17th at 9:00 a.m. in Helena. CONSENT ITEMS: a. Clerk/Treasurer Financial Statements for the month of January 2000. b. Committee Reports. --Budget/Finance Committee minutes of january 31, 2000 were presented. --City Council Committee of the Whole minutes of February 1, 2000 were presented. --City-County Planning Board minutes of February 3, 2000 were presented. --Public Works Committee minutes of February 7, 2000 were presented. c. Resolutions. 1) Resolution No. R00-2: Resolution transferring certain Insurance Funds of the City of Laurel, Montana. RESOLUTION NO. R00-2 BEING A RESOLUTION TRANSFERRING CERTAIN INSURANCE FUNDS OF THE CITY OF LAUREL, MONTANA. Council Minutes of February 15, 2000 2) Resolution No. R00-3: Resolution correcting Resolution include Police Health Insurance for payment of insurance. RESOLUTION NO. R00-3 A RESOLUTION CORRECTING RESOLUTION NO. R99-32 TO INCLUDE POLICE HEALTH INSURANCE FOR PAYMENT OF INSURANCE. 3) No. R99-32 to Resolution No. R00-4: Collection of annual service fee for all water users, pursuant to the Public Water Supply Program. RESOLUTION NO. R00-4 Motion by Alderman Johnson to approve the consent items as presented, seconded by Alderman Orr. Motion carried 8-0. SCHEDULED MATTERS: a. Confirmation of Appointments. Ambulance Reserve Attendant: Mayor Rodgers appointed Aleta Cederberg to the Ambulance Reserves. Motion by Alderman Johnson to approve the appointment of Aleta Cederberg to the Ambulance Keserves, seconded by Alderman Orr. Motion carried. Counc~ Amlointment to the City-County Plannin~ Board: Motion by Alderman Temple to re-appoint Ed Thurner to the City-County Planning Board for a two-year term, seconded by Alderman Mace. Motion carried 8-0. b. Jail issue. Police Chief Rick Musson distributed information regarding the pros and cons of operating the jail and of closing the jail. The information is attached to these council minutes. Chief Musson stated that, in his professional opinion, the City of Laurel should not have a city jail, but he presented facts and figures regarding both sides of the issue. Alderman Olson thanked ChiefMusson for his presentation on the pros and cons of the jail. Motion by Alderman Olson to have a resolution drawn up to address the jail issue, seconded by Alderman Temple. The council discussed the jail issue. Alderman Olson explained that the Emergency Services Committee had previously proposed closing the jail, but no final council decision had been made regarding the jail issue. A vote was taken on the motion to have a resolution drawn up to address the jail issue. Motion carried 8-0. UNSCHEDULED MATTERS: a. Garbage rate increase information. 2 CiL Alderman Johnson asked that the February l, 2000 City Council Committee of the Whole minutes be changed to read "there are some wear problems with the air compressor in the Cascade system." The mayor asked if there was any separation of consent items. There was none. COLLECTION OF ANNUAL SERVICE FEE FOR ALL WATER USERS, PURSUANT TO THE PUBLIC WATER SUPPLY PROGRAM. Council Minutes of February 15, 2000 The Public Works Committee considered the two options previously presented by Jason Rittal, Double-Tree, regarding the garbage rate increase. Larry McCann informed the council that the committee recommended option two for approval for the garbage rate increase. This option includes a 15% increase of $1,54 per month for all residential users, thereby increasing the current base rate from $1025 to $11.79. Commercial rates would also be adjusted accordingly. The haul rates for roll-off containers would increase from $93 to $125 per trip, plus the landfill charge. A daily rental fee of $10 would be charged for rental roll-off containers in addition to the haul rates charged. A newsletter is being developed to inform the public of issues, and the department heads have contributed information for the newsletter. The main topic of the first newsletter will be the garbage rate increase. The newsletter will be in the councilmen's boxes on March 3ra, allowing for their review and input prior to the March 7th council meeting. The earliest possible date for a public hearing for the garbage rate increase would be March 21 b. To!liver bond. Motion by Alderman Easton to remove from the table Resolution No. R99-60, which was tabled on December 21, 1999, seconded by Alderman Johnson. Motion carried 8-0. RESOLUTION NO. R99-60 RESOLUTION RELEASING THE BOND FOR PARK IMPROVEMENT AT VILLAGE SUBDIVISION. Motion by Alderman Easton to release the $5,000 bond in exchange for a $500 cashier's check in settlement of the development of a recreational park at Alder Ridge, seconded by Alderman Temple. Motion carried 8-0. c. Streetlight upgrade. Alderman Johnson mentioned that Mike Reichman, a Montana Power Company representative, presented information regarding a streetlight Upgrade at the Public Works Committee meeting on February 7th. A map that shows the proposed locations for new streetlights is posted on the board in the Council Chambers. Alderman Johnson thanked Alderman Mace for his work to develop an alternative solution for compliance regarding driveway approaches for the Casa Linda Circle residents. Alderman Temple stated that the city should consider installation of underground wires for the new streetlights in order to eliminate additional visible wires throughout the city. Alderman Mace mentioned that underground wires were included in the proposal that was presented. There being no further business to come before the council at this time, the meeting was adjourned at 7:55 p.m. Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 7th day of March, 2000. Attest: Chiirles G, Rodgers, Mayor a~K.~ eton, Clerk-Treasurer LAUREL POLICE DEPARTMENT Rick Musson Chief of Police LAUREL CITY JAIL ISSUE THE QUESTION: TO CLOSE OR NOT TO CLOSE THE LAUREL CITY jAIL. HERE ARE MY FINDINGS. During my research on the issue I used several sources: 1. Laurel Police employees.(SEE LETTERS) 2. Bob Worthington Programs Administrator for Montana Municipal Insurance Authority. (SEE LETTER) 3. UndersheriffJ.B. Bell Yellowstone County Sheriff's Office. (SEE LETTER) 4. Montana Jail Standards for Holding Facilities (Second Edition, Revised 1993) (I will refer to CHAPTER and SUB-SECTION from the jail standards manual) I asked the members of the Police Department to list the PROS and CONS of running a Jail here in Laurel. I have compiled the results from their comments and information I received from the above listed sources. TRAINING -120 hours of Basic training for all employees who supervise or have regular contact with inmates. (In our case this would include all officers and dispatchers.)'Tuition cost per employee is $235.00 plus travel costs. CONTINUE TRAINING- In addition to Basic training each employee shall receive 32 hours of in service training, on the job, or P.O. S.T. certified training annually. PRE-BOOKING-Prior to booking a person into our facility, the booking officer (Police Officer) has to do a security check of the jail facility to make sure that it is clean and clear of paraphernalia that could be hazardous to the inmate. The cleaning and upkeep of the jail is the duty of the Police Officers. PAGE 2 BOOKING OF INMATE- This process can take up to 1-1½ hours per inmate. The proper forms must be filled out on the computer with pertinent information about the inmate, personal information includes name, address, home and work phone number, close relative in case of an emergency, illness, medications, tattoos or scars. Each inmate must be finger printed and photographed. A detailed inventory of the inmate's property must be completed. The officer then must gather the proper bedding and jail clothing for the inmate. The inmate is then instructed to get dressed in the jail cloths and then is given instructions on the jail rules. HEALTH CARE SERVICES- Montana Jail standards for holding facilities states in Chapter 11.01 that the facility shall have a written agreement or contract with a physician or other health authority such as a hospital or clinic to provide health care services. Section 11.03 says that the facility shall have written policies and procedures, approved by a physician, to govern the delivery of medical, dental, and mental health services. The written policies and procedures shall address, at a minimum, the following: a. Receiving screening b. Decision on emergency nature of illness or injury c. Emergency medical and dental services d. First-aid e. Screening, referral, and care of mentally ill, suicide-prone, retarded, and disabled inmates f. Delousing procedures g. Arrangements for providing. detoxification h. Handling of pharmaceutical, and i. Notification of next to kin in case of serious illness, injury or death. MANAGEMENT OF PHARMACEUTICAL- CHAPTER 11.13.03 says "All prescriptions shall be administered in the prescribed dosage at the prescribed time by the physician, medical personnel, or a designated facility employee who has received appropriate training in the administration or distribution of medications in a jail environment. PAGE 3 FIRE SAFETY AND EMERGENCY PROCEDURES-In the event of a fire in our facility we would have to evacuate the inmates and provide housing. Evacuation of the inmates may not be done in a timely manner to protect them if the on duty officer was busy on another emergency or out on patrol. VISITATION/PHONE CALLS-Chapter 15.09 states that inmates detained shall be allowed reasonable opportunity to communicate with his/her family, bail bondsman, and attorney upon completion of admission. This is very time consuming for the officers. The inmate is allowed to use the phone in one of the interview rooms so an officer must stay close by to prevent escape and to prevent the inmate from taking contraband from the room and into the jail. SANITATION AND HYGIENE-Chapter 10.09 says that the facility shall provide inmates with the following articles necessary for maintaining proper personal hygiene. a4 Soap Toothbrush Toothpaste or powder Comb, and Products for female hygiene needs. Chapter 10. 11 The facility shall provide for the issue of clean clothing, bedding, linens, and towels to new inmates held overnight. At a minimum, the following shall be provided: A set of standard facility clothing or uniform Fire-retardant mattress Pillow and pillow case Two sheets, or one sheet and one mattress cover Sufficient blankets to provide comfort under existing temperature conditions and One clean towel. PAGE 4 Chapter 10.12 When facility clothing is issued, the inmate's personal clothing shall be laundered and disinfected, if necessary, and placed with his/her other belongings for return upon the inmate's release. 10. SECURITY AND CONTROL-Chapter 07.02 says that facility employees shall observe all inmates at least thirty (30) minutes on an irregular schedule and the time of all such checks shall be logged. More frequent checks should be made of persons who are violent, suicidal, mentally ill, intoxicated, or who have other special problems or needs warranting closer observation. Chapter 07.07 Visual electronic surveillance equipment, where available, shall be used primarily to monitor hallways, stairwells, point of access through the security perimeter, and common areas. If inmate living areas are visually monitored with electronic equipment, provisions shall be made to shield shower and toilet areas to protect inmate privacy. 07.07.01 states that when it is not possible or practical to shield inmates for privacy, any surveillance by an employee of the opposite sex will be conducted only for a legitimate reason and only on an infrequent and casual basis or at a distance so as to protect inmate privacy to the maximum extent possible. The Laurel Jail was designed to have a surveillance camera monitoring each cell and one camera facing east into the day room where the inmates eat. The shower is in the south west corner of the day room, when an inmate enters the shower and is monitored by the surveillance camera we are not able to protect his her privacy. There is a toilet/sink/drinking fountain combination in each of the cells. In order to monitor the inmates a surveillance camera is pointed directly into the cell. I received two letters from communications officers who worked in Laurel during the time we housed inmates. (SEE LETTERS FROM WOODMAN AND STEFFANS) PAGE 5 11. PHYSICAL PLANT FOR EXISTING FACILITIES PRIOR TO JUNE 1 1994. Chapter 18.02.01 Inmates my be housed in cells which provide less than sixty (60) square feet or floor space in single occupancy cells and forty-five (45) square feet of floor space per inmate in multiple occupancy cells under the following conditions: a. Single occupancy cells provide at least thirty-five (35) square feet of unencumbered floor space b. Multiple occupancy cells provide at least thirty-five (35) square feet of unencumbered floor space per inmate c. The length of detention shall not exceed seventy-two hours, and or, inmates not locked in their cells for longer than ten (10) hours per day and have access to a dayroom at other times which provides at least twenty-five (25) square feet of floor space per inmate. Chapter 18.04 Light levels in all inmate-housing areas shall be at least twenty (20) foot-candles measured three feet above the floor. Night lighting levels shall permit adequate illumination for supervision, but not hinder restful sleep. This is something we have dealt with for many years, if we turn the lights down we have a very difficult time observing the inmate while they are in their cells. 12. HEPATITIS B- Since March 6, 1992 the Federal Occupational Safety and Health Administration (OSHA) has required that law enforcement agencies offer the vaccination against hepatitis B to all officers who may have contact with body fluids while on the job, at no cost to the officer. During the booking process of female inmates we have used female communications officers to assist. With the communications officers having to make contact with inmates we will have to officer the vaccination to them. The cost of 3 shot series is $40.00. The cities new health plan has a preventive plan. If the employee's primary physician recommends the vaccination then there would not be a cost. If the physician did not PAGE 6 13. recommend the vaccination, I recommend that the City of Laurel pick up the co-pay amount for the employee. MEALS- Chapter 9 deals with food services. 09.02 Says that the current edition of the publication "Recommended Dietary Allowances" of the National Academy of Sciences should guide the pr.eparation of menus to ensure a nutritionally balanced diet. Menus shall provide a minimum of 2500 calories per inmate daily. 09.05 Says the Special Diets prescribed by a physician shall be followed according to the physician' s written instructions or the written instructions of a local dietician. 09.06 Deals with special diets when an inmate's religion beliefs require adherence to particular dietary practices. 09.09 Three meals, two of which are hot, shall be served daily. No more than fourteen (14) hours shall elapse between the evening meal and breakfast. Meals shall be served at approximately the same time every day. This has been a problem in the past due to the officer's workload. 14i WHAT PRISONERS SHOULD BE BOOKED INTO OUR JAIL? Due to our manpower to care for the inmates I believe we should not book the tbllowing type prisoners. a. suicidal b. intoxicated by alcohol c. intoxicated by drugs d. combative e. injured As you can see this does not leave much of a choice. We are only able to house on gender at a time. Back in section 11 I talked about PAGE 7 the square feet needed to house one inmate. We have two cells in the front section; each cell has 64 square feet. We would only be able to house one inmate per cell, a total of two for the entire facility. 15. PHYSICAL PLANT/EQUIPMENT/SUPPLY UPGRADES g. h. i. new camera's and monitors sprinkler system electrical system needs work clothing and shoes towels blankets bed sheets pillow cases Mattresses and pillows- I am not sure of the fire standard level of our present mattresses and pillows. 16. TRANSPORTING TO COUNTY JAIL Transporting a prisoner to the Yellowstone County Jail takes between 40-60 minutes. Round trip is 32 miles. (Booking a prisoner into the Laurel Jail takes 60-90 minutes.) When we arrive at the county jail we drive the patrol car in a secure garage which is monitored by surveillance cameras. After the garage door is secure the officer locks his/her weapon in a gun locker. The prisoner is then removed from the car and taken into the receiving area. A jailer searches the prisoner and removes the handcuffs. The officer completes a remand sheet (this is usually completed in Laurel before transporting) and then is free to leave the jail facility. The officer may spend 5-10 minutes at the jail and then travel back to Laurel. COURT TRANSPORT- this is where it becomes a little more time consuming. Transporting an inmate to the Laurel City Court takes about 50 minutes to drive to the jail, pick up an inmate, and return to Laurel. Then you have to add in the Court appearance time. The court appearance time can vary depending on the crime or crimes that the person has been charged with. Then the inmate is transported PAGE 8 back to the jail, adding another 50 minutes and another 32 miles. Total transport time and miles is 150 minutes and 64 miles. If a person is incarcerated in the Laurel jail we still have to get them ready for court. The officer has to make sure that they are ready, handcuff them, load them in the car and drive them one block to the court. This takes about 10 minutes. By housing a person in Laurel may save us up to 80 minutes transport time and the 64 miles. This is an issue. We have been looking a video arraigning, this were the inmate stays at the county jail and is arraigned by the City Judge from her courtroom. Another option would be to make a part time transport position. Respectfully submitted Rick Musson Chief of Police LAUREL PD JAIL PRO'S 1. IT WAS CONVENIENT, WITH MOST TIMES ONLY HAVING 1 OFFICER ON DUTY AT A TIME. 2. LESS TIME NEEDED TO TRANSPORT PRISONERS TO AND FROM COURT. CON'S 1. AS A DISPATCHER I HAVE NO FORMAL TRAINING AS A JAILER. THE MONITOR WAS PLACED AT DISPATCH AND WE, ALONG WITH THE OFFICERS WERE RESPONSIBLE TO MONITOR THE PRISONERS. 2. THE CAMERAS IN THE JAIL ARE SO POOR THAT UNLESS THE PRISONERS WERE SETTING AT THE TABLE IN FRONT OF THE CAMERA WE COULD NOT TELL WHERE THEY WERE AT. YOU COULD NOT TELL WHAT CELL BUNK THEY WERE IN IF THEY WERE IN THE CELL UNLESS THEY WERE MOVING AROUND. SO WE WOULD HAVE TO LEAVE THE RADIO AREA AND GO INTO THE HALLWAY TO LOOK IN' THE WINDOW LOCATED ON THE WALL OR THE WINDOW IN THE JAIL DOOR TO SEE WHERE THE PRISONERS WERE AT. 3. THE CAMERAS DO NOT COVER THE SHOWER AREA, THE SHOWER IS AN ENCLOSED AREA WITH 1 SHOWER AND A SHOWER CURTAIN ACROSS THE FRONT. PRISONERS COULD, AND DID GO INTO THE SHOWER EVEN IF THEY WERE NOT SHOWERING. ONCE AGAIN WE COULD NOT SEE WHAT THEY WERE DOING. IF AN OFFICER WAS NOT IN THE BUILDING DISPATCH WOULD HAVE TO LEAVE THE RADIO AREA TO SEE WHERE THEY WERE, ASK THEM TO COME OUT WHERE WE COULD SEE THEM AND IF THEY WOULD NOT DO THAT WE WOULD CALL IN AN OFFICER. 4. IT WAS NOT ALWAYS POSSIBLE TO CALL AND OFFICER IN RIGHT AWAY FOR A PROBLEM WITH A PRISONER BECAUSE THEY MAY HAVE BEEN ON A PRIORITY CALL. ON SEVERAL OCCASIONS WHEN i WAS WORKING THE PRISONERS WOULD HANG BOOKS, PAPER AND EVEN TAKE OFF THEIR JAIL CLOTHES AND HANG IT OVER THE CAMERAS AND LIGHTS SO THAT WE COULD NOT SEE WHAT THEY WERE DOING. 5. THERE WERE MANY TIMES WHEN I WAS BUSY DISPATCHING MULTIPLE CALLS, POLICE FIRE AND AMBULANCE PLUS TRYING TO ASSIST SOMEONE IN THE LOBBY AND ANSWERING THE PHONES. DURING THESE TIMES DISPATCH DOES NOT HAVE THE TIME AND CAN NOT MONITOR THE PRISONERS. 6. I FEEL HAVING DISPATCH MONITORING THE PRISONERS WAS AN OFFICER SAFETY ISSUE AS WELL AS A SAFETY ISSUE FOR THE FIRE AND AMBULANCE AND THE PUBLIC. WHEN WE ARE NOT AT THE RADIO WE CAN NOT MONITOR THE RADIOS. YOU NEVER KNOW WHEN IT IS GOING TO HIT THE FAN AND EVERYONE DEPENDS ON DISPATCH TO BE READY FOR IT. WHEN THESE TYPES OF CALLS COME IN, MY FOCUS IS ON THE OFFICERS, FIREMAN, AMBULANCE CREW, AND OR THE PERSON I AM KEEPING ON THE PHONE DURING A 9 11 CALL, WHILE AT THE SAME TIME DIPATCHING THE HELP THAT iS NEEDED. WE DO NOT HAVE THE MAN POWER TO DO IT ALL, SOMETHING OR SOMEONE SUFFERS BECAUSE WE CAN NOT STAY FOCUSED ON WHAT WE WERE TRAINED TO DO. I WONDER WHO WOULD BE HELD ACCOUNTABLE IF SOMEONE HUNG THEMSELVES OR ASSAULTED ANOTHER PRISONER PHYSICALLY OR SEXUALY 1N THE JAIL. WOULD IT BE THE DISPATCHER WHO WAS NOT ABLE TO MONITOR THE JAIL BECAUSE SHE WAS ON A 9 11 CALL GIVING CPR INSTRUCTIONS TO A HYSTERICAL WIFE WHO'S HUSBAND IS NOT BREATHING, WHILE AT THE SAME TIME DISPATCHING AND OFFICER AND AMBULANCE TO HER RESIDENCE. WOULD IT BE ME, THE DISPATCHER? WOULD IT BE THE OFFICER, WHO IS RESPONDING TO A LIFE AND DEATH CITUATION AND IS THE FIRST PERSON ON SCENE? IF YOU WHERE MAKING A 9 11 CALL, TRYING TO SAVE THE LIFE OF A FRIEND OR FAMILY MEMBER, DO YOU EXPECT THE DISPATCHER/OFFICERS FULL ATTENTION AS WELL AS GIVING YOU PREARRIVAL INSTRUCITONS AND TO DISPATCH EVERYONE THAT CAN HELP YOU? SHOULD LPD, THE PUBLIC IN A TIME OF NEED, OR THE PRISONERS AND THEIR FAMILY WHO THINK THEY WiLL BE SAFE IN JAIL BECAUSE THIS IS A POLICE DEPARTMENT, BE PUT IN THIS POSITION? 01202000 RE: LAUREL CITY JAIL TO WHOM IT MAY CONCERN: I HAVE BEEN WiTH THE LAUREL POLICE DEPARTMENT FOR 23 YEARS; APPROXIMATELY 21 YEARS WITH HAVING AN OPERATING JAIL. THE PROBLEMS i AM PERSONALLY AWARE OF ARE: 1) OFFICERS BEING TiED UP WITH BOOKING PRISONERS INTO THE JAIL, A PROCEDURE TAKING APPROXIMATELY AN HOUR AND A HALF OR MORE; DEPENDING ON THE COOPERATION OF THE PRISONER. 2) THE OFFICER PICKING UP AND DELIVERING MEALS THREE TIMES A DAY. DOING JAIL LAUNDRY. CALLING THE OFFICER OFF PATROL TO ADMINISTER MEDICATION, TO BE WITH THE PRISONER SO HE/SHE CAN MAKE A PHONE CALL, CHECKING ITEMS THAT HAVE BEEN BROUGHT IN BY THE FAMILY. ANSWERING QUESTIONS FROM FAMILY MEMBERS; BEING BROUGHT IN ON PERSONAL PROBLEMS AND REASONS WHY THE PRISONER COMMITTED ACTS THAT WARRANTED INCARCERATION. 3) CALLING THE OFFICER IN WHEN THE PRISONER COVERS THE WINDOW IN FRONT OF THE CAMERA WITH A PIECE OF PAPER OR A TOWEL, TO PREVENT MONITORING, CALLING THE OFFICER IN WHEN THE PRISONER WAS YELLING, SCREAMING PROFANITIES, THROWING MAGAZINES AROUND, FIGHTING WITH OTHER PRISONERS, TAKING THEIR CLOTHES OFF AND EXPOSING THEMSELVES IN FRONT OF THE CAMERA. 4) NOT HAVING PROPER SANITATION BETWEEN PRISONERS. WE'VE HAD PRISONERS WITH LICE, ULCERATED LEGS, BLEEDING HEMOROiDS ETC. I HAVE WORKED IN SITUATIONS, WITH AN OFFICER, WHERE WE CLEANED FECES OFF THE CELL BARS AND TABLES AND CLEANED VOMIT OFF THE FLOORS WITHOUT HAVING ANY PROTECTED COVERING TO WEAR OVER OUR CLOTHES AND UNIFORM. 5) DISPATCHERS HAVING TO MONITOR PRISONERS WITHOUT ADEQUATE EQUIPMENT. NOT HAVING PROPER LIGHTING IN THE CELLS. REALIZING THE POSSIBLE CONSEQUENCES IF ANOTHER DEATH SHOULD OCCUR. I FOR ONE AM RELIEVED THE JAIL iS NOT UP TO CODE AND NO LONGER FUNCTIONING. THE STRESS OF ENSURING A PRISONER DOESN'T COMMIT SUICIDE BECAUSE OF INADEQUATE EQUIPMENT OR BECAUSE I WAS BUSY WITH OTHER DUTIES IS A BLESSING. TRANSPORTING PRISONERS TO YCDF, AN UPDATED FACILITY, ADEQUATELY STAFFED TO HANDLE ALL THE PROBLEMS ASSOCIATED WITH INCARCERATING A PRISONER IS CALLED PROGRESS. FOR A SMALL DEPARTMENT IT IS CALLED A LIABILITY. THANK YOU jUDY WOODMAN DATE: 01192000 TO: CHIEF MUSSON FROM: MARK GUY RE: JAIL PRO'S AND CON'S SIR, HERE ARE MY OPINIONS OF THE PRO'S AND CON'S OF HAVING A JAIL. PRO: 1. THE CONVENIENCE OF NOT HAVING TO ASK THE COUNTY TO TRANSPORT A PRISONER WHEN ONLY ONE OFFICER IS ON. CONS: 1. , , BOOKING IN A PRISONER IS VERY TIME CONSUMING. HE MUST HAVE HIS CLOTHES CHANGED, BE PICTURED, BE PRINTED, AND HIS STUFF INVENTORIED. THE CELL MUST THEN BE INSPECTED FOR CLEANLINESS AND WEAPONS. LESS TIME IS USED WHEN THEY ARE TRANSPORTED TO BILLINGS. IT TAKES 4-6 HOURS WEEKLY FOR THE JAIL LAUNDRY TO BE DONE BY THE OFFICERS. THE BLANKETS ARE WORN AND SHOULD BE REPLACED. WE NEED TO PURCHASE NEW JAIL SHOES. IT TAKES 30-45 MINUTES PER MEAL TO FEED THE PRISONERS, THAT INCLUDES THE TIME FOR THE OFFICER TO COME OFF THE STREETS, SEE IF THE PRISONER WANTS FOOD, CALL IN THE ORDER, AND TO GET iT. THE PROBLMES THAT I HAVE ENCOUNTERED WHILE WE HAD THE JAIL. DUE TO THE POOR MONITERiNG ABILITIES I PERSONALLY HAVE HAD SOME BAD EXPERIENCES. ONE TIME ON A BUSY SHIFT I WAS NOT ABLE TO CHECK ON THE PRISONER ON A REGULAR BASIS. WHEN I FINALLY DID I FOUND THAT THEY HAD USED PAPER TO COVER THE LIGHTS TO MAKE iT DARKER FOR SLEEPING, WHEN I LOOKED THE PAPER HAD BEGUN TO TURN BLACK AND CATCH ON FIRE. THERE ARE NO SPRINKLER SYSTEMS IN THE JAIL. ON ANOTHER TIME I CAME IN DURING THE NIGHT SHIFT TO CHECK ON THE PRISONER, WHO WAS PACING QUICKLY. I ASKED HIM IF EVERYTHING WAS O.K. HE TOLD ME NO, AND THAT HE WAS TRYING TO FIGURE A WAY TO KILL HIMSELF 'TO GET OUT OF THE JAIL. HE LUCKILY WAS CAUGHT IN TIME TO BE TRANSFERRED TO YCDF. AS A MALE IT IS DIFFICULT DEALING WITH THE PERSONAL HYGENE OF FEMALES, FOR BOTH THE OFFICER, AND THE PRISONER. AS A MALE I SHOULDN'T BE SUPERVISING FEMALE PRISONERS, FOR LIABILITY REASONS. IT IS VERY DIFFICULT FOR THE UNTRAINED, FEMALE DISPATCHERS TO MONITER SOME MALE PRISONERS. MICHELLE STEFFANS WAS MONITERING SEVERAL MALE TRANSIENT PRISONERS. THEY WOULD MASTURBATE IN FRONT OF THE CAMERA AND FLASH THE CAMERA'S. STEFFANS WAS VERY UPSET BY THEIR CONDUCT. RESPECTFULLY, MARK GUY January20,2000 To Whom It May Concern: i have been asked to address the pros and cons of having the jail remain open here at the Laurel Police Department. Among the pros I would have to say that the fuel, wear and tear on vehicles, and labor cost for transportation would be the main concerns. These concerns however are dwarfed by the over-tiding concerns such as, Liability, Training of personnel as detention officers, logistics, overcrowding, risks of inmate assaults on officers, dispatchers, and other inmates. There is also the added stress of having staff dealing with uncooperative and possibly dangerous offenders on a daily basis I do not feel that I am qualified to give you an accurate cost ef~bctive interpretation of the total money that will have been saved by not operating a jail here in laurel. I do feel that I can enlighten you as to the tremendous pit falls that, as a city government, you could face if some one were to commit one of the following acts, while not being properly supervised and being held in the city of laurel's custody and care 1. Arson 2. Commit suicide. 3. Assault staff. 4. Go on a hunger strike. 5. Assault other inmates. 6. Sexual assaults Before becoming a patrolman for the city of Laurel, i worked at the Yellowstone County Detention Facility first as a control operator, as a detention officer, aa~d finally as a detention sergeant. I was employed at Y.C.D.F. for almost 6 years. I was relieved to find that the City of Laurel had elected to close the jail here. I feel that there is a tremendous amount of time spent making security checks, feeding, and dealing with inmate disciplinary problems, that could other wise be spent patrolling the city. If you have any question feel free to contact me anytime. Patrolman Laurel Police Dept. JA~I-31 11:50 AM FAX ~IO. 1 406 25~ 2934 P. 1 OFFICE OF 'rile SHERIFF P.O-BOX35017 LLINGS, MT 59107-5017 (406) 256-2929 Janmu-y 31, 2000 Councilman Ken Olso.n Laurel Citv Council Fax # 628-4641 Dear In reference to our phone conversation last Friday, I did check with our jail commander Captain Dennis McCave and did confirn~ that the information I had given you was correct. As we discussed on Friday, with the volume of prisoners the Yellowsto.ae County Detention Facility manages on a daily basis, the small amount of prisoners incarcerated by the City of Laurel into our facility virtually have little or not impact on our day to day operation. If any further information is needed or if I can be of any further assistance to you concerning this matter, please feel flee to contact me. S'~cerely, ~'~Zdersheriff J-B. Bell JBB:mlm ontana Municipal Insurance Authority January 24,2000 Mr. Rick Musson, Chief Laurel Police Department City of Laurel 215 W 1 st Street Laurel, MT 59044 Dear Rick: Earlier this week you called me to discuss the risk management aspects associated with the City operating a short-term detention facility. This letter is intended to recap that discussion. My knowledge of the facts of this matter include: (1) Several years ago the City constructed a building which includes a facility that can be used as a short term holding (detention) facility for individuals detained by the Laurel Police Department; (2) At some point .since construction, the City ceased using the facility for detention purposes and made arrangements to transport detainees directly to the Yellowstone County detention facilities; (3) The City is currently exploring its options regarding the most effective use of this property: *use as a holding facility; or *dedicating this location for use other than as a detention facility. (4) The City desires to investigate the exposures associated with the use of this piece of City property. Several sections of the Montana Code Annotated (1999) address this matter. Section 7- 32-2120, MCA, defines a "detention center" as a facility established and maintained for the purpose of confining arrested persons. Section 7-32-212I, (7), MCA, includes in the duties of the sheriff the management and operation of a "" detention center. Section 7,32-4201, MCA, provides city or town councils the power to establish and maintain detention centers if they so desire. As noted, the codes place the responsibility for the detention of inmates upon the sheriff, and by administrative reference, the county. Should a city or town so elect, they maV develop and operate a detention facility. By its very nature, operation of a public entity involves substantial liability exposure. A basic principle of risk management requires an entity to conduct an analysis of its exposures and then assess how best to manage those exposures. The development and operation of a detention facility involves significant exposure. The claims experience of agencies that operate detention facilities in this state has not been RO. Box 6669, Helena, Montana 59604-6669 (406) 443-0907 In MT: 1-800-635-3089 good. The MMIA Liability Program has experienced a significant number of claims involving personal and/or bodily injury to individuals associated with detention facilities. It should be noted that the MMIA insures two jails, where claims have occurred. We also insure several short term holding facilities, operated by cities and towns, that have incurred liability claims. The claims include a wrongful death, by hanging, as well as numerous other allegations involving detention-related activities. Some of the claims have resulted in payment by the MMIA of significant dollars to plaintiffs, on behalf of insured entities. Another point to consider is the standards that must be met with a detention facility. The state recently completed an upgrade of the jail and detention facility standards. Meeting these standards can involve a significant financial investment by the entity. Operation of a facility that does not meet the current, and frequently changing, standards significantly ii~creases the exposure to the entity. In addition to meeting the facility standards, the standards contain training requirements for individuals operating the facility. These training standards are beyond the training law enforcement officers or dispatchers, from small facilities where they often act as detention officers, receive in the normal course of their work. Standards require that all "detention officers" receive this specialized training. To operate a facility without this training would, again, significantly magnify the exposure to the entity. In Conclusion, the exposures facing the City of Laurel are many. The MMIA continues to see an increase in the number of liability claims, and the dollars claimed, against member agencies. The statutory responsibility for the detention of prisoners, and therefore the related liability exposure, rests with the sheriff and the county. While the MMIA does not take a position regarding whether a member should or should not operate a detention facility, I would strongly urge the City to consider the matter carefully. In addition to the exposures addressed herein, and in numerous other publications, the costs associated with meeting the current, and future, standards are very significant. I could not recommend operation of a facility that did not meet all current standards. The funds the City currently expends arranging for the transport of prisoners are ilkely insignificant when compared with the exposure the activity represents and the ultimate costs those exposures could pose for the City. I urge you, and the administrators for the City of Laurel, to carefully weigh all of these factors as you proceed with your deliberations. If I can be of further assistance in this process please contact me. Sincerel ' . ~E. ,~~~ · Bob Wort i~~gton Programs Administrator E:\Office files\BWorthington\Bob\RiskManagement\Laurel law detention,rsp,doc