“There is no Plan B.”
Such was the message of county officials at a press conference regarding the reason voters will be asked to support a mill levy and a bond request on the November 3 ballot.
Several dozen people gathered at the Yellowstone County Detention Facility (YCDF) as County and law enforcement officials explained their reasoning in pushing forward measures that they readily concede is a “heavy lift” for Yellowstone County taxpayers. Taxpayers are being asked to shoulder the proposed total cost of $195 million to expand and renovate the jail which would add 332 beds to the overcrowded facility.
County Commissioner Mark Morse said it was a plank of his election campaign to take on the challenge of expanding the jail. “I knew there were problems, over crowdedness, and burnt-out officers.”
Built in 1987, the jail originally had a capacity of 434 inmates. A current average daily population of 600+ exceeds design by 38%.
After his election, Morse said he asked County Attorney Scott Twito to establish a group of volunteers from the various sectors of the justice system. Two and a half years ago, Twito created the Criminal Justice Coordinating Council (CJCC) made up of city and county officials, law enforcement, judges, a legislator and others, who met weekly to examine the many aspects of the judicial system and make recommendations to CJCC regarding solutions.
The proposals on the ballot are based upon their findings and recommendations. Actually, the recommendations initially proposed a 512-bed addition at $225 million, but “that was too much of an ask,” the CJCC concluded.
“As we were working, the numbers kept creeping up,” said Morse. Last year the jail’s population hovered upwards of 650 – reaching 693 inmates at its highest.
If the ballot measures fail (if one fails they both fail) there is no backup proposal. Officials suggested that the most likely “Plan B” is that someone, like the ACLU, will bring federal action against the community. The federal government will demand that the community address the overcrowded jail or “let the people out of jail.”
There lingered in the conversation a hint that that was viewed as a far worse alternative.
Twito noted that because of the findings of the CJCC, in a cooperative effort, the city and county built a short term jail that allows the immediate confinement of misdemeanor cases, and the establishment of a new arraignment court that more quickly advances the legal process in getting lawbreakers into court quickly. Prior to these two significant improvements, offenders would mock law enforcement with the taunt that they had nowhere to put them.
Both measures have been helpful in assuring offenders face the consequences of their actions more promptly. “Despite these efforts,” said Twito, “the facility has seen this increase.”
So it remains, that before being able to incarcerate a lawbreaker a judge must decide who to release. And, as has been frequently stated by judges and others in the judicial system, there is no one in the Yellowstone County Detention Facility who doesn’t belong there.
“Every time somebody comes in, somebody’s got to go out,” said Captain Brandon Smart, commander of the jail. Smart, who started working in the jail in 2003, said that when he started, there were 411 inmates – and growing. It is a problem that has been over 20 years in the making – growing every year. Over the past several years the county has had to reduce appropriations to other departments and shift funds to the Sheriff’s department – in total they have shifted some $10 million to supplement public safety budgets.
“We are still growing,” Smart said, adding, “You don’t want to come back because it is bad. . . Everyone in here is here on a violent felony charge.”
He noted that Billings is a “hub” for eastern Montana, “and with that comes crime. “It is detrimental for Yellowstone County.”
County Commissioner Mike Waters explained that there is a lot of data and more details on the website jailexpansion @ yellowstone county mt.gov. He went on to say, “This problem is plaguing our community…it is not going away.”
He added, “It is not lost on us how expensive it is.”
Twito explained that the point of the press conference was to get the message “out to the people.” He went on to say, “It is a big ask, but we have put in a lot of effort.” He added, “Public safety is the responsibility of the local community.” The Billings Chamber of Commerce is sponsoring tours of the jail. Everyone is encouraged to the tour.