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Judicial confirmation sought on facilities plan

by Keith KINNAIRD<br
| March 4, 2008 8:00 PM

SANDPOINT - Bonner County officials plan to ask a district judge to determine whether a $10 million plan to replace a juvenile detention center and build a work release center conforms with Idaho law.

But in seeking judicial confirmation of the plan, the county is not locking itself into implementing it.

“It's not an irrevocable act,” said Deputy Prosecutor Scott Bauer, explaining that judicial confirmation would not set the stage for a judicial mandate that the facilities be built.

County commissioners adopted a pair of resolutions Tuesday to seek judicial confirmation that the plan is necessary and financially feasible. Bauer said the petition for judicial confirmation should be completed in about three weeks.

If a judge signs off on the proposal, county commissioners would have to decide whether to proceed with the plan.

Rocky Mountain Corrections developed the proposal to replace an existing 12-bed juvenile detention facility with a 34-bed facility, part of which could be utilized by neighboring jurisdictions which don't have their own facilities.

The second part of the plan proposes the construction of a 60-bed work release facility to extend the life of the current jail, streamline booking processes and keep contraband from entering the general population.

Rocky Mountain's plan proposes building the facilities and then leasing them back to the county with an option to buy. The county would cover operating costs and lease payments completely through inmate use fees and renting available bed space to other jurisdictions.

“Where we're headed with this so far makes sense from a business standpoint,” said Commission Chairman Lewis Rich, who campaigned on not implementing any new taxes without going to the public first.

No tax hike is being proposed, although some are insisting the plan be put out to the public for an advisory vote anyway.

Getting the question on a ballot could cost as much as $50,000 and Clerk Marie Scott expressed doubt that the paperwork could be completed in time to conduct the vote during the May 27 primary election.

Under judicial confirmation, a court is asked to determine whether the proposal is ordinary and urgently needed. Commissioners agreed the juvenile detention component is obvious in its necessity.

The existing facility, a converted residence, has been improved over the years and can handle no more upgrades.

“We're at a standstill,” said Debbie Stallcup, director of Justice Services for Bonner County. “There really is nothing more we can do to make that facility safer for our kids.”

The need for the work release center is less clear, according to Commissioner Todd Crossett, who questioned if a judge would rule in the county's favor on that aspect of the plan.

Crossett was concerned judicial confirmation would put the county and its taxpayers down a one-way path toward building the facilities. He pointed out that future commissioners could back out of the plan

“My point is that we're taking on a liability,” said Crossett.

But Commissioner Joe Young said if a future board tries to pull out of the plan, the county's requirement to deal with juvenile and adult inmates would remain.

“The county still has an obligation,” he said.

Sheriff Elaine Savage said both facilities would keep local offenders in Bonner County and provide a place for local Idaho Department of Correction inmates to transition back into the community. She also sought to dispel the notion that the work release center would mainly import inmates from outside the area to compete for local jobs.

“I don't want anybody to think we're going to fill it up with IDOC (inmates from other jurisdictions),” Savage said.