AG19771208 - Laserfiche WebLink

Home Browse Search

North Carolina , Department of Administr fio 116 West Jones Street l~aleigh 27603 [919) 733.7232 James B. Hunt, Jr., Governor doseph W. G rimsle9, Se~:retary November 28, 1977 .~.MORAND~ TO: Chairmen, Boards of County Commissioners The 100 Counties · FROM: Joseph W. Gwmsley SUBJECT: Per Diem Payments to Counties ~r Keeping Male Misdemeanants In carrying out our joint legislative mandates, Department of Administration and Department of Correction officials have discussed the male misdemeanant problem with many county officials, officials of tbe County Commissioners Association 'and other concerned individuals. The opinions expressed and solutions proposed have been many and varied. We Are Seeking ~ Solution. This memorandum is directed to you in an effort to provide a middle ground for settlement o£ the differences of opinion as to the amount to be paid by the State to the counties for keeping male misdemeanants in county jails as provided for in Senate Bill 5~0, 1977 Session. In trying to provide this middle ground, ] would like to set forth the following points: 1. It has been said that the legislation requiring counties to keep the male misdemeanants was Governor Hunt's bill. It ~as Governor Hunt's bill. It is part of the Governor's sincere efforts to reduce the prison population and forestall a possible takeover of tile prisons by the federal courts. In Alabama and other states th!~ ~.ms done, and the State pri~on sys~em~ ~.~ere banned from taking any prxsoners beyond the caoacity set by the court. The counties retain felons, misdemeaaan~s and all othe~ prisoners. If this happened in North Carolina, we both know it would be complete disaster. The Hunt Administration is trying to reduce the State prison population, but ~e must have your cooperation. 2. It. was very clear in the legislation that payment from the State to the counties for maintaining male misdemeanants ~vas for reimbursement to the counties for the additional cost incurred in keeping the prisoner, not the average cost tor keep- ing prisoners. Your counties have to maiatain .jails, have them open, heated, lights, etc., in any event. The proposed $8.00 per day payment go the counties was to cover the additional or incremental cost involved in keeping misdemeanants. The per diem payment of $8.00 per day vlas not determined arbitrarily. It was determined after a very careful study of all pertinent data available, and we believed it to be a fair figure. 3. We asked counties to submit their estimated daily costs in keeping these additional misdemeanants, bhny counties did not respond.' Those that did respond generally presented the average cost for keeping a prisoner in jail.