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State mandating another $1 million in county expense to run jail

By Howard B. Owens

The NYS Commission on Corrections has found that the Genesee County Jail is understaffed and under a complex formula for staffing is mandating that the county hire 10 more corrections officers.

The 10 officers, including two supervisors, are needed to fill the two new posts the commission says the jail needs to comply with state regulations.

The requirement for the new positions is non-negotiable from the commissions point of view, Sheriff Gary Maha told legislators during the county's Public Service Committee meeting today.

When Legislator Robert Baush asked if the mandate is in response to any problems at the jail, such as guards getting beat up, Maha said, no, nothing like that at all.

It's merely a head count by the commission for the size and configuration of the jail and the number of inmates it holds.

Baush said he didn't understand the state requiring the county to spend nearly $1 million more a year when there's no real problem to solve.

Maha said there's really no higher authority than the commission for the county to go to in order to appeal the decision.

The other option for the county -- which will have to happen eventually anyway -- is build a new jail at a price tag of $31 million. A two-story jail wouldn't need the same level of staffing as the existing older three-story jail, but then a new jail would have space for female inmates, meaning female corrections officers would be needed.

If the county refused to comply, the commission would make the county close portions of the jail and reduce the number of inmates, which would mean shipping some inmates to other facilities at a higher cost to the county.

At the end of the discussion, legislators concluded there is no avoiding the expense of hiring 10 more corrections officers.

"It's not something we can bury our head on," Legislator Ray CIanfrini said. "We've got to do it and it's our job to figure out how to do it."

Dave Olsen

from the Warren Redlich for Governor campaign site 2010:
"Commission of Correction
SCOC’s website says it all: “The Commission of Correction is a three member deliberative body, which meets monthly to discuss variances, maximum facility capacities, proposed changes in regulations, mortality investigations, and other matters that may arise.” It’s amazing that this costs $3 million in taxpayer money."

I believe in the debate he said he could do the same job by meeting with Howie Hawkins over a 6 pack and a pizza and save the state $ 2,999,980.00 per year.

But that's OK NY, don't waste your votes on non-authoritative party candidates.

Sep 17, 2013, 6:36am Permalink
Dave Olsen

"Maha said there's really no higher authority than the commission for the county to go to in order to appeal the decision."

I disagree, there are the voters of Genesee County, you know, the ones who have to pay for this. Someone, please treat me like a 6year old and tell me: What happens if Genesee County tells the State Commission on Correction to go pound sand?

Sep 17, 2013, 7:12am Permalink
Dave Olsen

I'm not a lawyer, and i admit I'm not all that smart, just a Genesee County hick with an internet connection, and I don't have a lot of time to spend on this, but I can't find anywhere on this site that says the Commission on Corrections has the authority to do anything except investigate and make recommendations.

http://www.scoc.ny.gov/index.htm

Something smells funny.

Sep 17, 2013, 9:26am Permalink
Cheryl Wilmet

$1,000,000 for just 10 new officers. Nice pay rate!!! Why does it have to be that much? I know that includes pay and benefits but still way too high in my opinion.

Sep 17, 2013, 10:32am Permalink
Mark Brudz

That was addressed in the article Dave

"If the county refused to comply, the commission would make the county close portions of the jail and reduce the number of inmates, which would mean shipping some inmates to other facilities at a higher cost to the county."

Sep 17, 2013, 11:42am Permalink
Mark Brudz

It includes salary and benefits yes, it also includes initial training and MANDATED continual training.

It really isn't a question of the breakdown of the expenditure, The state and county have union issues and 10 guards are going to cost $100,000 each regardless, there is no wiggle room due to the unions and training mandates.

it a question of how an unelected body can place a mandate on a municipality without recourse or a appeal, and a state government so laced with mandate and rules that lack any sort of flexibility.

Sep 17, 2013, 11:51am Permalink
Dave Olsen

I read that Mark. I mean what if we just say tough, we're not adding guards (I'd love it if we did reduce inmates, but) We're just going to keep doing what we are doing. What can they do? Send the State Police in to take over? I doubt it.

Sep 17, 2013, 12:00pm Permalink
Mark Brudz

Mistake not Dave, I am furious that an unelected panel can mandate anything, they may not send the state troopers in, but what if it resulted in the suspension of shared law enforcement funds?

What if it resulted in a long, protracted legal and expensive legal battle. I think people should start writing legislators and state senators about this NOW.

Sep 17, 2013, 12:08pm Permalink
cj sruger

This is gov cuomo's henchmen bringing payback and flexing muscle to Sheriff Maha for publicly opposing cuomo's safe act and gun restrictions, thats all plain and simple. There will be more to come for sheriffs opposing him.

Sep 17, 2013, 1:42pm Permalink
Lincoln DeCoursey

I found an article which talks quite a bit about the state pressuring suburban and rural upstate counties to build new large capacity jails. It mentions specifically Tompkins County which had an average daily jail population of 69 people and was pressured to build a 160-bed jail at significant cost.

http://ccrjustice.org/learn-more/reports/report%3A-impact-jail-expansio…

There's a lot of other good information in the same article. I'm surprised to see that things like double-bunking are handled through variances. Why in the world should county jail inmates not be double bunked?

The thing that really bothers me about the local news article is the $31 million estimate to build a new jail for Genesee County. I realize that money today is not worth half of what it was worth a short while ago, but you don't have to look too far back to find local jail projects that were completed for well under $10 million, oftentimes including elements such as new Sheriff's Offices, 911 Centers, or courthouses, all things which Genesee County has already updated through separate projects. If the price tag for a local jail is now somehow north of $30 million, my suspicion is that Genesee County has already waited too long.

Sep 17, 2013, 3:06pm Permalink
Christopher Putnam

Here is a solid plan. STOP putting people that dont need to be in jail, in jail. This will limit the amount of detainees and therefor lower the cost all around.

I mean really? How many people are jailed for Marijuana possession? Lets let them out and let them have the fucking weed. At least then my mcdonalds order will get done faster since the burger flippers can go get high and go back to work. If i get mustard instead of catchup, then ill cope.

Then lets let out all the people you have locked up for "failure to pay a fine" Which i see on this website ALOT.
Pretty sure that it is against the law to imprison a debtor, since a long time ago someone figured out that you cant pay your fine if your in JAIL and JOBLESS and nothing but a drag on our tax dollars.
Seriously, how much sense does it make to lock someone up for weeks because they didnt pay a $200 fine. The cost for housing an inmate daily in NY is about $96 dollars a day. So after three days, your ass out that money whether they pay the fine or not. Let them out, put them to work cleaning up the trash blowing about town.
The justice system is cumbersome and clunky at best. It is failing and we think that pouring money into the problem is going to solve it. WRONG.

WE have 4 % of the worlds population, and 35% of its incarcerated population. Its not the jail that needs to change. Its us.

Sep 17, 2013, 2:48pm Permalink
C. M. Barons

Only one of the commissioners is a Cuomo appointee:

Thomas A. Beilein, Chairman
Thomas A. Beilein was appointed Chairman of the Commission of Correction by Governor Paterson in 2008. Chairman Beilein is a former sheriff serving Niagara County from 1994 to 2008.

Phyllis Harrison-Ross M.D., Commissioner
In 1976, Dr. Harrison-Ross was appointed by Governor Rockefeller to serve as a psychiatrist on the Medical Review Board of the New York State Commission of Correction. She has been consistently re-appointed, most recently by Governor Paterson in 2008 to serve as Member of the Commission and Chair of the Medical Review Board.

Thomas Loughren, Commissioner
Thomas J. Loughren has been a police officer, criminal investigator and law enforcement executive for 40 years in Chenango County. He was first elected to the office of Sheriff of Chenango County in 1991, reelected for four consecutive terms and served as president of the New York State Sheriffs’ Association. In 2013 Governor Cuomo appointed him a Commissioner of the State Commission of Correction and designated him as Chairman of the Citizen’s Policy and Complaint Review Council.

Except for Dr. Harrison-Ross, who is from NYC, the commission is made up of sheriffs from Republican, upstate New York counties. ...And the downstate member was appointed by a Republican governor.

Sep 17, 2013, 7:21pm Permalink
Don Lovelace

I agree!

"Since mandatory sentencing began, America's prison population has exploded, quadrupled. America now jails a higher percentage of citizens than any other country in the world, at the staggering cost of $80 billion a year." -Rand Paul

Mandatory sentencing, unfunded mandates, seems there is a lot of this about

Sep 20, 2013, 4:28pm Permalink

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