County seeks ruling reconsideration

SANDPOINT - Bonner County commissioners are asking a 1st District Court judge to revisit a ruling which declared a financing plan to construct new detention facilities unconstitutional.

"It never hurts to ask a judge to reconsider an adverse decision," said Scott Bauer, a deputy prosecutor who serves as the commission's legal counsel.

The county asked the court to confirm the legality of leases and trust agreements for a proposed 32-bed juvenile detention center and a 60-bed work release center.

Constructing the $6.8 million juvenile lockup and the $5.5 million minimum-security jail would exceed the amount of money the county could provide in a single fiscal year, which would trigger a vote of the public. However, the county proposes a lease-to-purchase plan with annual payments it can easily afford and a non-appropriation clause which enables it to extract itself from the agreement without any further liability.

Judge Charles Hosack ruled last week that the financing arrangements are unconstitutional because bailing out on the lease would encumber the title of county property for up to 29 years, which Hosack said would constitute and a liability. The county could also be denied use of the facilities, creating further liability.

But the commission and Bauer disagree that title to land at the sheriff's office would be transferred or encumbered if the county activates the non-appropriation clause.

As a result, the county is moving the court to reconsider its ruling.

Bauer said a deeper reading of the financing documents "would make it

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clear to the judge - especially with a little briefing - that the title to the land wasn't going to be transferred or encumbered."

Bauer recommended confining the motion for reconsideration to the juvenile lockup for the purposes of expediency. Commissioners agreed and added that the juvenile unit need is more urgent due to the limitations of the current facility.

"It's going to be a huge financial impact if we have to start trucking ‘em out of here," commission Chairman Lewie Rich said, referring to the prospect of transferring youthful offenders outside the county.

Between housing and transportation costs, county officials estimate $800,000 to $1 million will have to be spent annually if the county loses its local facility.

"The priority is to find a path forward, to be able to move ahead with that (juvenile) justice facility very quickly," said Commissioner Todd Crossett.

The life span of existing juvenile lockup is also in doubt. The facility, a converted residence, can't be expanded and its roof is in disrepair.

"If this is going to take a year or two years, we don't have that time," said Jim Martin, detention manager for Bonner County Justice Services.

Hosack has declined to modify the agreements so they conform with the Idaho Constitution. His ruling also sought to avoid creating a situation where the county could come back before the court ask that the facilities be deemed ordinary and necessary expenses, which would also bypass a public vote.

But Bauer noted that juvenile detention facilities, unlike adult jails, are not statutorily mandated to be located within the county, which could sidestep the ordinary and necessary scenario posed by Hosack.

Sheriff Elaine Savage said the work release component of the proposal has become political fodder even though capacity at the adult jail is winnowing.

"If I have too many prisoners in that jail, I'm going to create a liability anyway," she said.

Commissioners ruled out appealing Hosack's determination to the Idaho Supreme Court for the time being. They also plan to consult the Panhandle Area Council for guidance on financing options while the motion is pending.