The Minnesota Department of Corrections is now contractually obligated to offer Crow Wing County a 180-day written notice if it intends to terminate its agreement to house state prisoners.
An amendment to the contract between the DOC and the county-which extended the notice from the original 30 days - was authorized by the county board last week on its consent agenda. The change comes as part of a push by the DOC to acquire additional beds for its prisoners in county jails, of which Crow Wing County has 60 to offer in its currently shuttered housing unit.
In September, a memo penned by John King, assistant commissioner of the facilities division at the DOC, promised the county the lengthened notice period. At the time, however, it was unclear whether this would be committed in writing and was described by jail officials as an unwritten "personal guarantee." The memo appeared to offer Crow Wing County preferential treatment in another way as well-by promising its county jail would be the second-to-last facility prisoners would be pulled from, should circumstances require it, among the 18 county jails in use.
This last promise was not included in the contract amendment and remains a verbal agreement, said Heath Fosteson, Crow Wing County jail administrator.
"For us, it's no big deal as far as the change that was made. It was what we had already discussed," Fosteson said. "It always nice to have reassurances when you're entering into contractual relationships."
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A DOC spokesperson confirmed Friday the 180-day cancellation clause applies only to the department's contract with Crow Wing County and not with any of the other 18 counties, including Freeborn, Goodhue, Hubbard, Kanabec, Kandiyohi, Meeker, Mille Lacs, Nobles, Olmsted, Pine, Renville, Sherburne, Steele, Tri-County (Polk), Wabasha, Washington and Wright.
With the need expressed by DOC officials - the expectation is 500 more beds will be required within the next four years, doubling current capacity - the likelihood of prisoner withdrawal appears small. Even with the 180-day notice requirement, however, a funding cut by the state Legislature could trigger a much quicker withdrawal.
In 2010, the DOC faced a funding deficit that led it to end its contractual relationship with Crow Wing County shortly after the county board certified the property tax levy. This left a hole in the sheriff's budget and a wake of uncertainty when it came to the department's relationship with the county.
This latest amendment will increase the county's comfort level with the DOC contract, said Darnel Carlson, assistant jail administrator, at the board's September committee of the whole meeting.
"He (King) understands what we're going through and they want to be a good partner as well," Carlson said. "He does understand what's happened in the past and everybody's reluctant. He's very open about that."
Sheriff Todd Dahl and Fosteson are in the process of preparing to reopen the housing unit at the jail to accommodate an influx of DOC prisoners, a move they told the county board could increase revenues significantly and aid in offsetting expenses in the sheriff's office budget. Fosteson said Tuesday the original timeline for opening the facility remains on schedule with a March 1, 2016, target date.
Mille Lacs County Jail Administrator Mike Smith said last week he has not had any discussions with the DOC about extending its cancellation clause or where Mille Lacs County Jail falls within the order of importance to the state department.
Smith, who's served in administrator post since April 1998, said the jail generally holds steady at 110 inmates of 148 available beds. He said the facility currently holds about 28 DOC prisoners, but he could offer more beds should the DOC request them.
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When asked whether he would be interested in extending his county's cancellation clause in light of Crow Wing County's agreement, Smith said it was a "possibility."
In King's September memo, which he asked be treated with "some level of discretion," he expressed concern about other counties requesting similar terms as those extended to Crow Wing County.
"The contract terms above are not what we have in our other contracts and I would prefer that other counties not ask for the same contract terms," King wrote.
In late September, the Brainerd Dispatch made multiple attempts to arrange an interview with King. When reached by phone, King stated all interview requests must be directed through public relations representatives, who later denied the request and recommended questions about the contract be addressed with county officials.
Smith said because of Crow Wing County's capacity-which could take care of 12 percent of the DOC's overall projected needs-they are in a different position than Mille Lacs County.
"If they've got more beds, they have a little more leverage," Smith said.
CHELSEY PERKINS may be reached at 218-855-5874 or chelsey.perkins@brainerddispatch.com . Follow on Twitter at www.twitter.com/DispatchChelsey .
