Presentation by
John W. Jones, Executive Director
Virginia Sheriffs’ Association

on May 31, 2001

to the SJR 440 Joint Study Committee on Treatment Options for Offenders who Have Mental Illness or Substance Abuse Disorder

Overview

Fifty-two local jails in Virginia (sheriff operated).

Twenty-one regional jails (sheriff and regional superintendent operated).

The total jail population in Virginia is 21,443. The total operating capacity is 16,398.

The Compensation Board maintains a population survey of local correctional facilities, attached.

Issues Identified by the Virginia Sheriffs’ Association relating to mental health services to inmates in local jails:

Reduction in funding for local sheriffs: The Compensation Board is facing a reduction of $53 million prior to June 30, 2002. An estimated 80% of those cuts will go directly to the sheriffs’ budgets. In addition to the $53 million in reduction, the sheriffs’ offices did not receive salary increases, as you know, and the law enforcement formula was not funded pursuant to the Code of Virginia relating to 1:1500. I mention this reduction and the effects this may have on local jails. As law enforcement needs increase in localities, additional staffing is needed to maintain public safety service level. Sheriffs’ offices that provide both local jail and law enforcement services to a community are affected by increased workload demands on any one function. When services or staffing is limited in one area, it affects services for other areas of the sheriffs’ offices.

Court services: Attention should be given to court services staffing when new judgeships are created to enable sheriffs to provide adequate staffing in local jails. When new judgeships are created, the General Assembly does not give initial consideration to the additional needs for sheriffs’ services to staff the courthouses. The Appropriations Act provides that no more than two deputies may be ordered by judges in circuit courts on a continuing basis, no more than one in general district and none in juvenile court. However, the Appropriations Act language is not a staffing standard in terms of providing adequate service for security. It is more of a limitation on the judges’ ability to order the sheriffs to provide services. Court demands often require two deputies to work juvenile court and general district court, and depending on the trial, sometimes even more deputies if the inmates and witnesses are violent in nature, i.e. prisoners.

Transportation: The General Assembly passed Senate Bill 802 relating to transportation of inmates by local sheriffs and the State Department of Corrections. Senate Bill 802 partially addresses a transportation issue that was brought to our attention late last year. The Virginia sheriffs have taken the position that they should be responsible exclusively for transporting inmates incarcerated in local jails. The Department of Corrections has changed its prior position and attempted to require sheriffs to transport inmates detained in the State Department of Corrections as witnesses in civil cases and in certain criminal cases. Senate Bill 802 attempts to reach a compromise, but since this is a new responsibility that may be placed on sheriffs, we are concerned about its impact on the other services provided by the sheriff including local jail operations.

Special Issues: In discussing this issue with a number of sheriffs in preparation for the meeting, several issues came forward that I believe deserve mention.

Transportation by sheriffs’ offices of mental health patients relating to TDOs (Temporary Detention Order). This continues to be a staffing issue with local sheriffs as they transport TDO patients to mental health service providers, often tying up deputies in transportation cases for lengthy periods of time involving long drives across the Commonwealth. Sheriffs that discussed this issue indicated staff consuming duties relating to pre-medical screening prior to the TDO admission.

Substance abuse by inmates in local jails is a continuing problem, and deserves some attention by the General Assembly. Based on preliminary information reviewed from a survey recently sent out by the Virginia Sheriffs’ Association for the Department of Mental Health, Mental Retardation and Substance Abuse Services, a number of sheriffs commented that substance abuse treatment for inmates is an important concern affecting a significant number of incarcerated inmates in local jails, and should be addressed.

Initial information from sheriffs indicates that more mental health beds are needed for inmates requiring hospitalization and treatment.

Virginia Sheriffs’ Association Recommendations

Restore the cuts that the sheriffs are experiencing, effective March 12, by executive order of the Governor of $53 million to the Compensation Board.

Fund the law enforcement formula of 1:1500, i.e. 30 deputy sheriffs this year and 83 next year based on the recent population census. This reduces the strain on jail staff to provide services to jail inmates - $900,000 for the 30 deputies currently needed under the formula.

Fund staffing for sheriffs’ offices relating to court services when new judgeships are created, i.e. do not create new judgeships without consideration being given to sheriffs’ staffing.

Provide the salary increases included by both the House and the Senate budgets as soon as possible, in order for the sheriffs to attract and keep qualified people working in the conditions that they experience in local jails, and to enhance morale among the workforce.

Virginia Sheriffs' Association Cost Reduction Initiative for Local Jails

The Virginia Sheriffs' Association recently entered into an agreement with a medical insurance provider, and through a bidding process that exceeded local bidding procedures, selected a health insurance company to provide referrals of inmates to local medical providers. This arrangement allows sheriffs to use the insurance provider’s negotiated rates to get services to local jail inmates, which are paid for by the locality. In other words, each inmate was considered to be "insured" for the exclusive purpose of receiving the negotiated rate. This has resulted in significant cost savings to local jails that participate in the program. Some sheriffs have indicated a significant cost savings in their medical budgets.

To assist the Association with its presentation today, I would like to introduce representatives from two local jails to discuss specific local issues. We have with us today from the Henrico Sheriff’s Office, Dr. Morgan Moss, Clinical Supervisor of Jail East, Henrico Mental Health, Mental Retardation, and Substance Abuse Services and from the Virginia Beach Sheriff’s Office, Ms. Beth Holcomb, Medical Director and Lt. Cassandra Wilburn. Mr. Chairman, thank you for the opportunity to appear here today to discuss issues relating to local jails. We sincerely appreciate the relationship we have with the Crime Commission and the members of the General Assembly. Please know that we stand ready to help the Crime Commission in its endeavor to identify further issues that are relating to services in local jails to promote public safety in Virginia.