HomeMy WebLinkAboutSeptember_16_2014_Regular MinutesSeptember 16, 2014
IREDELL COUNTY BOARD OF COMMISSIONERS
PRE -AGENDA MINUTES
September 16, 2014
The Iredell County Board of Commissioners met Tuesday, September 16, 2014, at 5:00
PM, in the Iredell County Government Center (South Wing Conference Room), 200 South Center
Street, Statesville, NC.
Board Members Present
Chairman Steve Johnson
Vice Chairman Marvin Norman
Ken Robertson
Renee Griffith
Gene Houpe
Staff present: County Manager Ron Smith, County Attorney Bill Pope, Deputy County
Manager Beth Dirks, Finance Director Susan Robertson, Sheriffs Deputy Bert Connelly, and
Clerk to the Board Retha Gaither.
Call to Order by Chairman Steve Johnson who said the Inmate Reduction Committee
report seems to be a good project and that some recommendations have already been implemented
which is a good service for the county.
Judge Joe Crosswhite stated Bert Connelly had been instrumental in accomplishing these
things. Crosswhite wanted to recognize Connelly for his dedication and hard work in saving the
County money.
Crosswhite continued reviewing the report. The programs that have been implemented
have been used successfully in other counties and they have the unanimous endorsement of each
member of the committee. The most important items are pre-trial supervision and an assistant
district attorney. They would be reportable and accountable to the Board. The Board could set
directives and review the progress as desired. If the program is productive it could be continued.
However. if it is not beneficial it could be eliminated or modified at the Board's discretion.
Crosswhite said one of the first items the committee discussed was a bailiff. Extra courts
have been implemented and a bailiff, who is familiar with the inmates, can determine who is ready
to take a plea, therefore, getting those cases on the docket quicker. This program, since July 18,
has saved the County $137,000. This bailiff estimates he could average about 20 extra inmates a
month which would save the County approximately $42,000 a month.
Commissioner Renee Griffith asked for clarification on this procedure.
Crosswhite said these inmates have decided to take a plea which means no trial and they
are moved on to the Department of Corrections or out of the system. This program has already
been implemented at no cost to the County. Deputy Eric Scene deserves credit for the success. The
second program implemented was a pre-trial supervision program that is similar to what other
counties are operating. Iredell County is already set and ready to take on one of these programs
because APO (Appropriate Placement Options) has the funding, program, records system, and
September 16, 2014
staff. This would address only the non-violent, low level offenders that are deemed appropriate by
judicial and detention officers. For example: a guy is brought into court and is charged with the
lowest felony but he had no prior criminal record, therefore, by law he could not be given an active
sentence. He had been in custody 13 months under a $1,000 bond which he could not pay nor
secure through a bondsman. A district attorney had offered pleas, but the inmate says he is not
guilty and wants a trial. The pretrial program could monitor this person with required conditions
that must be met. Crosswhite reiterated this would be for low level non-violent offenders.
Crosswhite said the third program, which has been implemented in Union County, is to
hire an assistant district attorney. He requested information from John Smith, Director of the NC
Administrative Offices of Court, who stated Iredell County should be staffed with 14 district
attorneys, but currently have 11. Also, a sixth district court judge was approved in 2008, but are
currently operating with five. Even with short staff they are moving and closing cases. The
committee is recommending the hiring of an assistant district attorney to work solely on custody
cases and concentrate on getting those cases in court.
Commissioner Ken Robertson asked the definition of a custody case.
Crosswhite said it is people who are in custody, or jail, awaiting trial. Currently about 80%
of the jail population is awaiting trial.
Commissioner Robertson asked if Union County just funded the position and allows that
person to work independently.
Crosswhite said they were hired by the County Commissioners and work out of the DA's
office with the mandate that they work only on the custody cases.
District Attorney Sarah Kirkman said they would be sworn in with all the
rights/responsibilities of a regular district attorney and would answer to the District Attorney, but
their job would be the jail cases.
Commissioner Ken Robertson clarified that they would be accountable to the Board but
would be reportable to and work for the District Attorney.
Crosswhite said this program has worked well in Union County.
Commissioner Robertson asked if the number referring to cost and number of inmates
impacted are accurate.
Kirkman stated the salary would be an average entry level position assistant district
attorney. The cases are estimated by what they have done so far. She added that other counties
fund assistant district attorneys, not just forjail cases but for the good of the County.
Crosswhite reiterated the numbers are estimated with the limited data available.
Commissioner Robertson asked if the calculated savings included off-site housing.
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September 16, 2014
Crosswhite said they only took the estimated $70 per day to house a prisoner in Iredell
County. The cost to house off-site is more.
Chairman Johnson asked if it is reasonable to assume that the beginning of this program
will show some significant gain and then would focus to just maintain those gains.
Crosswhite said that is correct.
Chairman Johnson questioned the total expense of the Appropriate Placement Options and
where that would be housed.
Crosswhite said $7,200/month is an estimate from APO and is for 1 '/2 positions plus
administrative support. However, he feels that number is a little high.
Chairman Johnson asked for clarification that if the program is implemented then the jail
population will decrease by 20 inmates.
Crosswhite said that is correct, through the pre-trial supervision. It will take some time to
identify and get them through the system. APO estimates they can handle that number, but it will
be subject to whatever restrictions the Board imposes. With a very tight conservative program the
number will be less.
Chairman Johnson asked about the impact of legislative changes coming from Raleigh.
Crosswhite said the population is growing and the committee looked at ways to reduce the
current population. The Board will have to look at long term and determine the best way to allocate
money and resources to address the growth. He feels that no matter what happens about the jail,
these programs are programs that should be considered to save money. One of the changes from
Raleigh is probation violations. In the past judges had complete discretion when someone violated
probation, the judge could revoke the probation thus sending them to the Department of
Corrections to fulfill their sentence. That has changed in the last couple of years. Now the only
time a judge can revoke is if the defendant has either absconded or if they have new criminal
convictions. They can only do a ninety day dip which means the defendant will serve 90 days in
the County jail. He feels the state is trying to control their costs and pushing this on the County.
Chairman Johnson asked Crosswhite if he feels a jail will have to be built regardless.
Crosswhite said absolutely, it should be considered. He is not advocating for when or how
much but the present recommendations are items that can be managed now, but future growth can't
be controlled.
Chairman Johnson asked Bert Connelly if he is redescent to surrender any of the beds in
Rowan County because of the legislation. He feels if the beds are given up it would be difficult to
get them back.
Connelly said that is a problem. They could look at the numbers and census in a couple of
months.
September 16, 2014
Commissioner Robertson questioned the estimated number of reductions, noticing 20 for
pre-trial supervision and 20 for contract ADA, which brings the potential total of reductions to 40
inmates. Robertson proposed to ask staff to review the financial actions of funding 1.5 full time
positions at APO, the contract ADA and then the contract judge. This should include all potential
costs. If these positions come to fruition he suggests they are contracted initially. He also suggested
asking staff to design a Metrix/scale to measure an anticipated level of progress to ensure success
of the programs. Once these programs are implemented, measured, and reviewed, then use those
numbers to calculate the jail needs.
Commissioner Griffith asked the possibility of a grant.
Commissioner Gene Houpe asked if there had been a conversation with John Smith.
Crosswhite shared an email he received from John Smith which stated the court system has
lost, state wide, 10% of their workforce. In 2010 $36 million was cut, in 2011 $63 million was cut
and in 2012 $38 million was cut and these are permanent with no chance of reinstatement.
Commissioner Houpe asked if the DA's office had space for another person.
Kirkman said they had half of an office that could be used by one person. The district
ADAs and the Federal Prosecutor are not in their offices full time and therefore can be shared.
Commissioner Houpe said these programs should be considered long term in order to
decrease population and costs.
Chairman Johnson agreed with Commissioner Robertson's suggestion to have the Finance
Department review the numbers presented. Also, a review and cost analysis of not taking any
action.
Captain Connelly said medical costs should definitely be included. The leg bracelets with
GPS have been successful.
Kirkman reiterated that someone from her office and ajudge will approve everyone on the
list for these programs.
Commissioner Houpe asked about a time frame for finance to return with their
recommendations.
County Manager Ron Smith suggested the second meeting in October.
Chairman Johnson said the discussion has been on short term solutions but wanted to talk
about the other recommendations. The first long term item is fully funding the Crime Lab which
has already been an issue for months.
Crosswhite said the committee is not advocating to maintain or to end the crime lab.
However, if the crime lab remains then they suggest to get the best bang for the buck.
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September 16, 2014
Commissioner Houpe said the lab is vital but would like the County Manager to research
the possibility of putting the lab under another department's supervision. He is concerned about
the chain of custody for evidence. He feels there needs to be some protocols set into place for
business/management to be able to continue and justify.
Chairman Johnson feels they can make money performing DUI cases for 3 troops of the
Highway Patrol.
Kirkman questioned why they would pay for services that could be received free from the
state lab.
Commissioner Houpe said it is the wait time that makes a difference.
Chairman Johnson said the lab reported they were negotiating a contract, but does not know
if it has been finalized. If this is accomplished it would supplement the operational cost. Fees could
also be charged to other counties who want results expedited. However, at the present time, the
exact cost of operating the crime lab has not been determined.
Commissioner Houpe said they have discussed the possibility of charging other counties
and agencies fees for lab services. He is most concerned that he doesn't want Iredell County
citizens subsidizing testing for other counties.
Commissioner Griffith said everyone would feel better if they could just see actual numbers
of costs associated with the crime lab.
Chairman Johnson stated, in reference to the second item of additional courtrooms, the
present Hall of Justice is a poorly designed building. He would like to form a committee with at
least one commissioner, any member(s) from the Inmate Reduction Committee, and one staff
member to try to confirm a number on the crime lab. He would like to look internally to create, at
minimal expense, another superior court room. This would be short-term to bridge the gap from
now to when funds would be available for something permanent. This committee will look at the
crime lab operation costs and courtroom space. He suggested the committee talk with the
customers of the crime lab to determine exactly what kind of service they expect.
Crosswhite said the drug court emphasizes rehabilitation rather than punishment. Programs
have been implemented in Brunswick and Buncombe County. The long term goal is to reduce drug
related crimes. At one time such a program was considered in Iredell with funding from the state,
however, it was cut from the budget and will probably not be offered anytime soon.
Commissioner Marvin Norman asked how often the courtroom in Mooresville was being
used.
Kirkman said it is used twice weekly for criminal and district court, once a month for traffic
court, and three days for civil court.
Commissioner Houpe asked if one courtroom could be changed to a superior courtroom
and, if so, are there enough judges to preside.
September 16, 2014
Crosswhite said yes they have been funded through Raleigh for more superior courtjudges.
However, that is not the problem. There is only one courtroom in Mooresville.
Kirkman said if there was a superior court trial then district court would be displaced three
days a week. Those courts could not be moved to Statesville because of other courts going on at
the same time. Another issue to remember is transportation of an inmate for a criminal superior
court session.
Chairman Johnson reiterated for the committee to delve into these issues for possible
solutions. He understands the larger problems but with the economy it is going to be a long time
before anything substantial can happen.
Crosswhite understands and stated these recommendations are made to help with the
backlog. The recommendations have been for inmates in custody and/or going to take pleas, but
at some point they will have to address those that will not plead guilty therefore want their
constitutional right to a jury trial.
Commissioner Houpe asked if it was logistical to search for another place to hold civil
court in order to have a place for district court if there was a jury trial.
Clerk of Court James Mixson said the court room would need a jury box and a jury
deliberation room even for civil court.
leased.
Commissioner Houpe asked if the Federal Courthouse was used often and if it could be
Crosswhite said that has been discussed and he will look into it further.
Graham said the lower level has been renovated for bankruptcy court and is used about
three days a month with another meeting twice monthly and one session of court.
Commissioner Griffith said this needs to be researched from all sides.
Graham said the Clerk's office is overrun with tons of paper files which take up space. If
this could be automated/digitized it may be that the existing court house could accommodate a
number of different offices. The Estates Division may be appropriate to co -locate with the Register
of Deeds for convenience of research.
Chairman Johnson said he had talked with Senator Curtis and asked if there was any
legislation that would prohibit the digitization of court records.
Mixon said they operate under the AOC Rules of Record Keeping which mandates
retaining the file. However, there hasn't been a clear answer whether a paper file and a digital file
is the same.
Chairman Johnson suggested getting a clear answer as to what records must be retained in
hard copies.
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September 16, 2014
Mixson said they have moved some older files to the Register of Deeds. Some of those
files are far too brittle to even scan to digitize. He said if he had to move one department, the
Estates Division could be co -located with the Register of Deeds. Presently there are 4 employees
and the files could easily be moved.
Deeds.
Smith said there is space but they have discussed expanding ECOM into the Register of
Chairman Johnson suggested checking on digitizing records before moving anyone.
Mixson will work to obtain a definite answer about record retention.
County Attorney Bill Pope said the health department received a grant to digitize their
records.
County Manager stated the Sheriffs Office requested two bailiffs in the budget but only
one was approved. He asked Captain Connelly if this would force another request.
Connelly said they would review that at budget time.
Chairman Johnson reviewed items to be done. First, staff will determine all of the cost of
the crime lab; second, the committee actually looks at the crime lab and the administration of it.
Crosswhite suggested that he, Judge Graham, and Sarah Kirkman not be part of a new
committee.
Kirkman said she would give her opinion on how she uses the crime lab and how much it
helps.
Commissioner Griffith stated there is no one to validate the information given about the
crime lab. She recommends that someone look at the reports from the crime lab to validate the
data. She is concerned whether or not the use of the equipment and productivity is equal to the
investment.
Smith said he has discussed this with Finance Director Susan Robertson. It is very difficult
because the accountability is not there.
Commissioner Houpe asked if the judges could ensure that court fees are paid.
Chairman Johnson said it is the opinion in Raleigh that legislature cannot pass a law telling
judges they must do that.
Crosswhite said 80% of the time, people entering pleas for drug offenses will specify the
type of drug in order to bypass the $600 lab fee. If it was tested by law enforcement there is a fee
and the judge will order payment.
Chairman Johnson reiterated his concerns, specifically about law enforcement needs or
requests to the crime lab.
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September 16, 2014
Crosswhite said there have been changes in the law. Now, personal appearance is required
to testify. The state crime lab only has 30-32 people across the state who can appear to testify in a
case, which is one of the frustrations. He would like the lab to do more than just test drugs, such
as DNA testing.
Chairman Johnson said anyone that is already on the jail committee is invited to volunteer
for this newer committee. He asked Judge Crosswhite to interview the present members and the
Board of Commissioners will appoint the others.
The Board recessed at 6:20 PM
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
September 16, 2014
The Iredell County Board of Commissioners met Tuesday, September 16, 2014, at 7:00
PM, in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center
Street, Statesville, NC.
Staffrp esent: County Manager Ron Smith, County Attorney Bill Pope, Deputy County
Manager Beth Dirks, Finance Director Susan Robertson, Captain Bert Connelly, Major Darren
Campbell, Lieutenant Neil Hayes, Assistant Detention Shift Supervisor Max Ray Shaver, Jr.,
Lieutenant William Hamby, Central Permitting Director Carissia Plyler and Clerk to the Board
Retha Gaither.
CALL TO ORDER by Chairman Steve Johnson
INVOCATION by Chairman Johnson led the invocation and asked for a moment of
silence for the family of Priscilla Redmond, wife of Sheriff Phil Redmond, who passed away
earlier this afternoon.
PLEDGE OF ALLEGIANCE led by Chairman Johnson
ADJUSTMENTS OF THE AGENDA: County Manager Ron Smith had one adjustment
to the agenda as follows:
Addition: Closed Session— Personnel G.S. 143-318.11 (a) (6)
MOTION by Commissioner Renee Griffith to adopt the agenda as amended.
VOTING: Ayes — 5; Nays — 0
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Special Recognition of Retiring Sheriffs Deputy Lieutenant Neil Hayes and Assistant
Detention Shift Supervisor Max Ray Shaver, Jr.: Major Darren Campbell came forward and
asked Hayes and Shaver to join him. Campbell expressed his appreciation to both gentlemen and
September 16, 2014
presented them with a plaque in honor of their retirement. Shaver has been employed for 14 years
and Hayes for over 30 years.
Chairman Johnson expressed, on behalf of the Board, appreciation to Hayes and Shaver
for their dedication to Iredell County.
APPOINTMENTS BEFORE THE BOARD
Request from David Swann to Give an Update on Partner's Behavioral Health Care:
Chairman Johnson introduced David Swann and stated Mr. Swann would be retiring soon. Johnson
expressed his appreciation and respect for Mr. Swann.
David Swann said he wanted to return to present to the Board one last time. He stated he
first appeared before the board in 1997 and it has been one of the best relationships between a
county and behavioral health. He continued and said the first item is a community needs
assessment which was done in all eight counties and published on Partner's web site. He said
Partner's is managing all of the behavioral health care and is providing a network. There have been
a couple of changes in regulations from the Federal Government. Mercer Government Human
Services consulting, was engaged by the State to perform an audit on all of the managed care
organizations and there are nine that service North Carolina. Partner's received an "A" score.
Another report was just completed in August called an External Quality Review. The result of this
review should be ready in about thirty days. The Progress and Success report is a two year snapshot
of the successes of Partner's. He said 13,000 people have received health care through the
providers managed by Partner's and some services have been expanded. The report shows goals
that have been set by Partner's but also what the State instructed. They had to improve behavioral
health care and save tax payer's money, which they saved $21,700,000 just last year according to
what the Medicaid system was spending before when Partner's was not managing. This means
there were services being provided that were not needed or services being over used or redundant.
Managed care corrected those issues. He stated Partner's is a healthy organization and are doing
well.
Commissioner Renee Griffith reiterated that $22 million was saved with only 9% being
spent on administration costs. She said it has been an honor to serve on the Partner's board.
Swann said this happens because they have a fixed amount of money but are at full risk,
which means they cannot deny services to a Medicaid enrollee in this State. They manage the care,
services and dollars in a way to allow for the savings but services are still rendered.
Chairman Johnson stated, when he was on that board, they were forced to carry a larger
fund balance because the state was slow with reimbursements. He asked if that situation had
improved.
Swann said it is not the same but they still must maintain a substantial fund balance. It is
now called a risk reserve. They are required to add 2% yearly to build this account.
Commissioner Ken Robertson commented he has witnessed Mr. Swann's report for the
past 10 years. About every two years the State changes the structure. He quoted Petronius, "We
trained hard — but it seemed that every time we were beginning to form up into teams, we would
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September 16, 2014
be reorganized. I was to learn later in life that we tend to meet any new situation by reorganizing,
and what a wonderful method it can be for creating the illusion of progress while producing
confusion, inefficiency and demoralization." He said Mr. Swann was living in an environment of
constant reorganization but yet came to the Board with a positive spirit and a belief that goals could
be achieved. Effective leaders have enthusiasm and positive outlooks. He congratulated Mr. Swann
as a leader in some difficult situations and expressed his respect for his work.
Commissioner Griffith said it has been reported the state is about to reorganize once again.
Partner's will then be managing 35 counties.
Swann said the date has not been set but it is expected to be in 2016.
Request from Judge Crosswhite to Present Findings/Results of the Inmate Reduction
Committee: Superior Court Joe Crosswhite thanked the board for the opportunity to make
recommendations on ways to reduce the inmate population in the jail without impacting public
safety. He, also, thanked the members of the committee who came together and devoted their time.
The recommendations are divided into three sets — immediate, short term, and long term
suggestions. The short term recommendations were realizing the need that people, because of
extended jury trials or just a change of heart, might be interested in taking a plea. Therefore a
bailiff was assigned, who has daily contact with those inmates, to get them into court to take pleas
and then move out of the jail or onto the Department of Corrections. Deputy Eric Scene actually
spearheaded the operation which was implemented on a trial basis on July 18. Through his efforts
the total days saved were 1,965 which equates to a savings of $137,000 in inmate time. Crosswhite
recognized the deputy and thanked him for the success of this program. Another recommendation
for midterm was the pre-trial supervision program which addresses non-violent low level offenders
that were deemed appropriate by judicial and detention officials. This program is relatively easy
to implement. APO (Appropriate Placement Options) made a recommendation for the County to
hire an additional district attorney to focus exclusively on custody cases to move them through the
system quicker.
Chainnan Johnson said all were in agreement with the short term solutions which is just a
matter of implementation and the staff calculating the cost. In the long-term recommendations,
item #1, Steve suggested forming a new committee of anyone who will be willing to serve from
the inmate reduction committee along with one commissioner and one county employee appointed
by the County Manager. This committee will review the long-term recommendations. He said he
would like to amend an earlier suggestion to restrict the assignment to the committee to items 2 &
3 which would be addition courtrooms to accommodate superior court jury trials and review the
drug court situation. He would like the crime lab removed from the committee's responsibility.
However, in relation to the crime lab, he would like to hear from the customers, what types/levels
of service they would expect from a crime lab. He asked Judge Crosswhite to talk with other
judges, district attorneys, etc. from the court system what they want as customers of the lab. This
would help the Board to determine the level of funding and what can be expected of the staff of
the lab.
Crosswhite agreed but it will take some additional time which is why it is listed as a long-
term recommendation.
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September 16, 2014
Chairman Johnson reiterated his request for Judge Crosswhite to talk with his colleagues
to make a list of services expected from the crime lab. This list will be given to the committee and
it will be combined with their recommendations.
Commissioner Griffith agreed with Chairman Johnson's assessment but would like to see
a separate group formed to review the crime lab.
Chairman Johnson said he would just like to limit this committee's time they would spend
on the crime lab to defining the services needed and allow them to proceed with the business of
solving the backlog in the courts. He suggested maybe a parallel committee.
Commissioner Griffith agreed but like to see some action taken in regards to the crime lab.
MOTION by Commissioner Ken Robertson stating with the respect for the first four
recommendations, we implement #1 now and send back to staff recommendations #2 through #4
so they can get an accurate cost, describe how the employee will be handled, design a Metrix to
measure progress and report back to the Board by the second meeting in October.
OTION AMENDMEN Chairman Johnson added one thing. Since this may begin in
the middle of a budget year, there will need to be an estimated annual cost to the program.
Commissioner Robertson said it should only require a budget amendment to begin.
Commissioner Griffith is concerned that an accurate measurement may not be obtained in
six months.
Commissioner Robertson said the request from staff is to design a Metrix to measure
progress but does not measure in-state.
Commissioner Griffith stated that since the staff report is expected by the second meeting
in October she would wait until the first meeting in November to make a recommendation about
another committee to review the crime lab.
SECOND by Commissioner Griffith.
Chairman Johnson reviewed the idea and the motion: to save a number of beds, Appropriate
Placements Options will save additional beds. All agree, that due to the legislative changes coming
from Raleigh, Mr. Connelly is correct is being hesitant to render beds in Salisbury because they
may be needed.
VOTING: Ayes — 5; Nays — 0
Commissioner Robertson asked Judge Crosswhite to recognize the committee members.
Crosswhite named the members of the committee — Chief District Court Judge Dale
Graham, District Attorney Sarah Kirkman, Clerk of Court Jim Mixson, Captain Bert Connelly,
Judge Deb Brown, Attorney Bill Baity, and Attorney James Mallory.
September 16, 2014
Chairman Johnson said there needs to be a motion for the long-term recommendations.
This committee will make a list and level of services that would be expected from the Iredell
County Sheriff's Crime Lab. They would also return with recommendations on how to
accommodate more superior court jury trials and fund a drug court to rehabilitate offenders.
MOTION by Vice Chairman Marvin Norman to approve.
MOTION AMENDMENT by Commissioner Gene Houpe to incorporate into that motion
to review the list and level of services expected from the crime lab and recommend those back to
the board. Also review ways to accommodate additional superior court space for jury trials and to
fund a drug court designed to rehabilitate all offenders. Any current members of the existing
committee may continue to serve on the newly formed committee if they wish. Also, one or two
commissioners, the County Manager or designated county staff will serve on that committee as
well.
VOTING: Ayes — 5; Nays — 0
Chairman Johnson said another recommendation that was not discussed is courthouse
security and he asked Judge Crosswhite and Captain Connelly to talk with the County Manager
about their concerns.
I nmate Reduction Cor nddee Final Report
This committee was convened at the request of the Iredell County Board of Commissioners to make
recommendations on ways to reduce the inmate population in the Iredell County Jail without impacting
public safety. It is neither the purpose nor intention of this committee to engage in any political discussion
about whether a new jail should be built. Currently, 70-80% of the jail population is housed for pretrial
confinement. The efforts of this committee have been focused on immediate actions and recommended
programs and personnel who would increase efficiencies within the judicial process, which would result in
faster adjudication of criminal cases with a resulting reduction in the pretrial population. All numbers
reported are estimates, but have been supported by similar programs in surrounding counties. Additionally,
all recommendations have the unanimous endorsement of all committee members. Committee members
include: Judge Joseph N. Crosswhite, Senior Resident Superior Court Judge; Judge Lynn Gallen, Resident
Superior Court Judge; Judge L. Dale Graham, Chief District Court Judge; Judge Deborah Brown,
Chairman of the Iredell County Criminal Court Committee; Jim Mixson, Clerk of Court-Iredell County;
James Mallory, Commission Appointee-Iredell County; Sarah Kirkman, District Attorney; Bill Baity, Past
President-Iredell County Bar Association; Dianne Sanders, Chief Magistrate-Iredell County; Bert
Connolly, Captain-Iredell County Sheriff Department Leslie Houpe, North Carolina Office of
Probation/Parole.
Short Term Recommendations (within 30 days):
1. Establish a separate "clean up " calendar for Superior Court, each month, to address cases that
were not reached during the regular session of court. This court will address those cases in which plea
agreements have been entered between the District Attorney's Office and the defendant. Emphasis will be
on custody cases and probation violations.
2. Assign a Bailiff to serve as a liaison between the jail and the courts. The baili�j,' who has daily,
contact with the inmate population, will identify those inmates who are ready for court and notify court
officials so the Defendant can be brought to court ahead of his regular court date.
3. Establish a "rocket docket" that allows District Court Judges to review bonds at all first
appearance hearings and schedule those misdemeanor of that qualify for a quicker court
appearance.
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4. These programs were implemented on a trial basis, July 18. The first week of the program
addressed 36 inmates, the second week addressed 21 inmates, the third week addressed 16 inmates, and
the fourth week addressed 21 inmates. The total days saved during the first. four weeks of this program were
1,965. The total savings to the county is $137,550. While these numbers are most likely, high due to two
long trials that shut down the Superior Courtroom for 14 weeks, the committee estimates these programs
will continue to average 20 inmates per month. Estimated monthly savings should average $42, 000. There
is no cost to the county.
Mid Term Recommendations (30-120 days):
1. Establish a county funded pre-trial supervision program. This program is similar to other
programs that have been operated successfully in surrounding counties for several years. The purpose of
this program will be to identify those inmates who most likely will not receive an active sentence, but are
unable to make bond. While programs in other counties have been more aggressive, this committee
recommends a more conservative program that will only address non-violent low level offenders as deemed
appropriate by judicial and detention officers. If the defendant qualifies, he or she will be released into the
pretrial program under conditions similar to supervised probation. After discussing this program with
surrounding counties and local agencies, the committee estimates that approximately 15-20 inmates may
qualify for this program on a monthly basis. This program should be easy to implement since the Chief
District Court Judge and District Attorney for Iredell County already monitor a similar program in
Alexander County. This program will be a county funded program reportable to the county commission.
Estimated monthly, savings should average from $31, 000 to $42, 000. Estimated cost to the county fbr this
program should be $7,200.
2. Establish a grant to fund an additional Assistant District Attorney to focus solely on custody
cases. This program was implemented in Union County three years ago and was so successful that funding
for a second attorney was approved last year. The Union County DA reports that as a result of this program,
the jail population experienced a lineal decrease in inmate population from 265 to 223 over the three year
period. Union County did not keep statistics reporting the decrease in average length of stay, but intends
to do so for 2014. Adjusting for the difference in population (22% less), this committee estimates that a
monthly decrease of 23 in Iredell County is reasonable. This program will be a county funded program
reportable to the county commission. Estimated monthly savings should average $48,000. Estimated
monthly cost to the county, should average $6,500.
3. Several years ago, the District Attorney and Judges implemented an "H and 1" court, which
allows district court judges to take pleas on low Level felonies in District Court. This program is operated
one Thursday each month using available court space and judges. Last year, this program addressed an
average of 14 cases monthly, of which 5 were inmates. This program is currently limited to once per month
because we currently only have 5 district court judges, although we have been authorized to have 6 since
2008. This committee recommends the county contract with a retired judge one day, per month to operate
an additional court. The committee further estimates that this program should generate similar numbers as
the existing program. This program will be a county funded program reportable to the county commission.
Estimated monthly savings should average $10,000. Estimated monthly cost to the county should average
$500.
Total Costs and Savings of short term and midterm
pr ams(monthly estima
Coats ($)
Savings ($)
Combined short term (20)
None
S42,000
Pre -Trial supervision (15-20)
$7,200
831,000442,000
Contract ADA (23)
$6,500
$48,000
Contractjudge (5)
$500
$10,000
Total (60-65 inmates each month)
$14,200
$131,0004142,000
Total Annual Costs
$170,400
Total Annual Savings
$1,572,000-$1,704,000
Long Term Recommendations (1-5 years):
1. Fully fund ICSD Crime Lab to address all lab and DNA issues.
13
September 16, 2014
Add additional courtrooms that can accommodate Superior Court jury trials
3. Fund drug court designed to rehabilitate offenders
Other Recommendations:
I. Courthouse security is a critical need. Recommend that Wilson Security offcers be supplemented
by ICSD deputies that are both armed and have radio access to a quick reaction force.
PUBLIC HEARINGS
(None)
ADMINISTRATIVE MATTERS
Request from the Finance Department to Approve Financial Advisory Services
Agreement with First Tryon Advisors: Finance Director Susan Robertson said last year they had
a great working relationship with First Southwest as financial advisor for the refinancing. Since
that time Amy Vitner, who was principal advisor to us, has moved to First Tryon. This company
is located in Charlotte and the request is to approve a four year Financial Advisory Services
Agreement with First Tryon. There will be no cost unless a transaction is actually entered and then
it becomes part of the closing cost. The SCC requires financial advisors to have signed agreements
with their client.
Chairman Johnson asked if this person would perform the same duties as a bond council
but less expensive.
Finance Director Robertson said they are doing refinancing modeling or specific analysis
for debt issues that the County may want to enter into.
MOTION by Commissioner Gene Houpe to approve.
VOTING: Ayes — 5; Nays — 0
Request from Tax Administration for Approval of the August 2014 Refunds and
Releases: MOTION by Commissioner Renee Griffith to approve.
VOTING: Ayes — 5; Nays — 0.
Releases for the month of August 2014
Breakdown of Releases:
County
S
80,261.55
Solid Waste Fees
S
15,262.00
Mooresville Solid
Waste Fees
S
10,200.00
Davidson Solid
Waste Fees
E. Alex. Co. Fire #1
$
-
Shepherd's Fire #2
S
5,307.69
14
Monthly $ 173,657.36
Total
September 16, 2014
Mt. Mourne Fire #3
$
339.51
All County Fire #4
$
3,438.25
B&F Fire 45
$
740.94
Statesville City
$
963.28
Statesville
Downtown
$
-
Mooresville Town
$
53,698.54
Mooresville
$
1,244.88
Downtown
$
-
Mooresville School
$
2,460.75
Love Valley
$
-
Harmony
$
53.35
Troutman
$
931.50
Davidson
$
-
Refunds for the month of August 2014
Breakdown of Refunds:
County
$
Solid Waste Fees
$
52.00
Mooresville Solid
Waste Fees
$
-
Davidson Solid
Waste Fees
$
E. Alex. Co. Fire #1
$
Shepherd's Fire 42
$
1,244.88
Mt. Mourne Fire #3
$
All County Fire #4
$
-
B&F Fire #5
$
Statesville City
$
-
Statesville
Downtown
$
-
Mooresville Town
$
89.00
Mooresville
Downtown
$
-
Mooresville School
$
22.29
Love Valley
$
-
Harmony
$
Troutman
$
-
Davidson
$
Monthly $ 1,408.17
Total
Request for Approval of Minutes for September 2, 2014: OTION by Vice Chairman
Marvin Norman to approve.
VOTING: Ayes — 5; Nays — 0.
ANNOUNCEMENTS OF VACANCIES OCCURRING ON BOARD & COMMISSIONS
15
September 16, 2014
Personnel Advisory Committee (2 Announcements)
Animal Grievance Committee (1 Announcement)
Nursing Home Advisory Committee (1 Announcement)
APPOINTMENTS TO BOARDS AND COMMISSIONS
Centralina Workforce Development Board (i Appointment): Commissioner Ken
Robertson nominated Carl Larson of Blue Harbor Bank.
OTION by Chairman Johnson to close the floor to nominations and appoint Carl
Larson by acclamation.
VOTING: Ayes — 5; Nays — 0
UNFINISHED BUSINESS
(None)
PUBLIC COMMENT
Frank Rader reported the Schools First Bond Referendum Committee had set an initial goal
to raise $50,000 and as of this date they have raised $56,000. They anticipate another $45,000
coming in. Signs are out, stickers and flyers are available. They are contracting for automated
phone calls to encourage voting. They meet weekly with a core group to plan strategies.
NEW BUSINESS
(None)
COUNTY MANAGER'S REPORT
County Manager Ron Smith reported good news from Environmental Health. The
backlog in Mooresville is now down to two weeks.
Smith acknowledged an invitation to the ribbon cutting and open house celebration at
Scotts Rosenwald Park on Saturday, October 4 from 10:00 a.m. to 2:00 PM.
CLOSED SESSION
MOTION by Chairman Steve Johnson to go into Closed Session pursuant to G.S. 143-
318.11 (a) (4) Economic Development; G.S. 143-318.11 (a) (5) Real Property
Purchase/Contract/Lease; and G.S. 143-318.11 (a) (6) Personnel at 7:53 PM
VOTING: Ayes — 5; Nays — 0
Returned to open session at 8:38 PM
ADJOURNMENT: MOTION by Commissioner Renee Griffith to adjourn at 8:42 PM.
(The next meeting is scheduled for Thursday, October 2, 2014, 6:00 PM in the Fellowship Hall of
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September 16, 2014
Holy Trinity Lutheran Church, 225 Morgan Street, Troutman, NC. This session is a joint meeting
with the Mooresville Board of Commissioners.)
VOTING: Ayes — 5; Nays — 0.
Approval:
17
Clerk to the Board