"Victory for Voters, Judge rejects jail facility agreements"
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Question:  When did this whole process begin?  Please explain the sequence of events.

Answer:  In April of 2006 the Bonner County Commissioners asked “the team” Rocky Mountain Corrections/LCA Architects/Engelmann-Inc, to do a justice system needs assessment for the County.  On July 24^th 2007 a Phase  II  agreement was signed.  On February 19^th 2008 the County Commissioners held the first meeting for the purpose of informing the public of their plans and asking for public comment. I was present at that meeting.  After researching the matter, I sent a letter to the Commissioners on March 3^rd stating my objections to the project.  They never responded to my letter.   Subsequently, Commissioners Young and Crossett voted to send the matter to a judge for judicial confirmation. April 21, 2008, Commissioner Lewis Rich filed the case in the 1^st District Court.  In an effort to stop the proceedings, Democratic Nominee Sheriff Elect Larry Hanna and I (Republican Nominee Sheriff Elect) signed a joint letter asking the Commissioners to withdraw the case from the court. The Commissioners never responded to that letter. Then in a further effort to stop the Court Room drama, community leaders from around the county attended a June County Commissioner Board Meeting and asked the Commissioners to send this issue to the voters for approval. No formal action was taken.  (Radio talk show host Bill Litsinger referred to the Work Release proposal as a train wreck waiting to happen.) On June 23^rd before Judge Hosack, Commissioner Lewis Rich played an active role instructing the County’s Civil Attorney on how to proceed in the Court Case CV-08-641.  Mr. Lou Goodness and I filed motions to dismiss the case. Mr. Goodness was present in Court to argue our motions to dismiss.  Judge Hosack listened to each side, then announced that he was sympathetic to the County’s case but couldn't quite sign off on the plan because the law stood in his way.  He ordered the case to be continued and gave both parties deadlines for submitting briefs. Both Mr. Goodness and I have submitted supplemental briefs.  We were both be in Court on August 11^th and argued our positions. A decision has not yet been made by the judge.

Question:  Does Bonner County need a new work release center?

Answer:  No.  The one that we have in the main jail is not full or in danger of being full. See the March 3^rd letter to the Commissioners. 

Question:  Won’t Bonner County need a new work release center in the future?

Answer:  No.  According to the Community Resource Services, Inc. (CRS), work release centers are not on the increase but are actually being phased out.  Please refer to the letter written by CRS President Rod Miller. I have shared this information in person with Commissioner Crossett.

Question:  Some of the commissioners have publicly said that the Work Release Center will only be filled with prisoners from the surrounding county jails, not with felons from State Prison. Is that true?

Answer:  That is not true. First of all, Bonner County does not have enough work release inmates to fill the center. Boundary County as of July 16, 2008, had no work release inmates in custody. Kootenai County who has a 60-bed work release facility, never has more that 30 inmates in their facility. According to Warden Randy Blades of the Idaho Department of Corrections, Bonner County has contacted him and requested for his Department to provide 30 State inmates to fill bed space in the new proposed facility. These are convicted felons who are made eligible to be transferred to our community. The Sheriff's Office would have to hire a pre-release specialist to arrange jobs for the 30 state inmates. The inmates would then be transferred back to Boise for their release. Warden Blades also mentioned the Department of Corrections are 400 inmates under projections and they couldn't guarantee to provide 30 inmates and would never sign a contract to pay for beds not used.

Question:  Is the Juvenile Detention Center adequate for Bonner County?

Answer:  No.  It needs to be replaced.  It is often overcrowded and the County is spending extra monies to house our Juveniles in Kootenai County. I have met with Department Director Debbie Stallcup and have given her my commitment to work with her to solve this problem.

Question:  What is the best way to replace the Juvenile Detention Center?

Answer:  By putting together a responsible proposal, which will not harm the County now or in the future.  Then take the issue to the voters.  I believe the people will support a reasonable proposal for a new Juvenile Detention Center.   

Question:  Can the Commissioners put these proposals on the ballot after the Court Case?

Answer:   Technically yes, BUT it would not be necessary. Plus an advisory vote has no legal standing.  If the Commissioners are successful they COULD build without the people’s permission.  HOWEVER, if Judge Hosack rules in their favor, an appeal will be filled and this stand off will go on and on.  Meanwhile the County is not resolving the Juvenile Detention issue that has been ongoing since 2006. 

Question:   The Commissioners said that they separated the Work Release Center  proposal from the Juvenile Detention Center proposal.  So, is this one court case or two?

Answer:  One Court Case, CV-08-641.  If the Work Release Center had not been attached to the project, I would have never been involved in the case.  The Sheriff’s Office does not oversee Juvenile Detention. Subsequent to reading the proposal, I learned that the proposed Juvenile Detention Center will encroach on facilities currently used by the Sheriff’s Office. It appears that the County could be on the hook to pick up the cost of the changes.  And it appears that it could come out of the Sheriff’s budget.  If elected Sheriff, this could affect my ability to fulfill my campaign promise to put more officers in the field where they are desperately needed.

Question:  How can the average person learn more about the project?

Answer:  By reading the actual lease agreements.  Listening to debate on the matter is not as profitable as reading the actual text.  The County will be bound by the objective text of these lease agreements, not on the subjective motives, hopes or promises of our public officials.

Question:  What is wrong with the lease agreement?

Answer:   It is a one sided document that protects the interests of the Rocky Mountain Team and leaves the County on the hook for any and all problems.

Question:   Why are you opposing the Judicial Confirmation?

Answer:   As a police officer, I took an oath to support and defend both the US and Idaho Constitutions. I believe the 30-year Base Lease and the Lease Trust Agreements are a violation of Article VIII, § 3 of the Idaho Constitution, which says, "LIMITATIONS ON COUNTY AND MUNICIPAL INDEBTEDNESS. No county, city, board of education, or school district, or other subdivision of the state, shall incur any indebtedness, or liability, in any manner, or for any purpose, exceeding in that year, the income and revenue provided for it for such year, without the assent of two-thirds of the qualified electors thereof voting at an election to be held for that purpose, nor unless, before or at the time of incurring such indebtedness, provisions shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within thirty years from the time of contracting the same. Any indebtedness or liability incurred contrary to this provision shall be void: Provided, that this section shall not be construed to apply to the ordinary and necessary expenses authorized by the general laws of the state and provided further that any city may own, purchase, construct, extend, or equip, within and without the corporate limits of such city, off street parking facilities, public recreation facilities, and air navigation facilities, and for the purpose of paying the cost thereof may, without regard to any limitation herein imposed, with the assent of two-thirds of the qualified electors voting at an election to be held for that purpose, issue revenue bonds therefor, the principal and interest of which to be paid solely from revenue derived from rates and charges for the use of, and the service rendered by, such facilities as may be prescribed by law, and provided further, that any city or other political subdivision of the state may own, purchase, construct, extend, or equip, within and without the corporate limits of such city or political subdivision,"

Question:   Is there a problem with the basic design of the proposed Work Release Center?

Answer:   Yes.  The plan calls for getting rid of our current laundry facilities in the main jail and rebuilding them in the Work Release Center.  This will be extremely problematic, as contraband could be passed via the laundry from the Work Release Center into the Main Jail on a daily basis.  

Question:  What is the status of the main jail and is it full?

Answer:  Although improvements to the facility must be made, the size of the main jail is adequate for the needs of our county inmates at this time. Plans must be made for future needs and expansion. This should start with a free needs assessment performed by the National Institute of Corrections (NIC).  The Sheriff has been renting out bed space to other municipalities for years.  I can remember in years past that police officers in the county were told to “catch and release” any locals who had broken the law, because the Sheriff had rented out the bed space to others.  I am not in favor of giving preference to outside agencies, who want our space.  I am totally against building a new facility for the supposed needs of others.

Question:  What are your plans once you take office?

Answer:  :  I will be calling on the National Institute of Corrections to do that needs assessment for the County.  NIC does not build facilities.  Therefore, they do not have a vested interest in the outcome.  There can be a conflict of interest to have the same organization doing both. There needs to be checks and balances. The Rocky Mountain Team did the needs assessment for the project they intend to build!