Leading up to a Sept. 16 public hearing on an increase to the jail LIT (local income tax), ACLU attorney Ken Falk has sent a letter to Monroe County officials telling them that 300 beds for a new jail in Monroe County is “clearly an inadequate number.”
Falk is the same attorney who filed the 2008 lawsuit against Monroe County on behalf of Monroe County jail prisoners, about overcrowded conditions at the jail.
Falk’s Sept. 9 letter was a reaction to the proposal that a 300-bed facility would be sufficient to handle Monroe County’s future needs—an idea that has been floated by some Monroe County electeds.
The planned size of the new jail will be a big factor for county councilors as they decide the rate increase for the jail LIT. The advertised rate for the hearing would increase it to 0.2 percent. The council’s vote on the tax rate won’t be taken on Sept. 16—but could come at any time after that.
Falk’s analysis relies on the notion of “functional capacity,” as did Monroe County sheriff Ruben Marté, when he gave a presentation to county councilors and county commissioners in July.
Cited in Falk’s letter are two recent cases involving county jails in the state of Indiana, where the courts relied on the idea that a jail’s functional capacity is just 80 percent of beds in the facility. Continue reading “ACLU lawyer tells Monroe County officials: 300 beds for new jail is not enough”


