Commissioners eye funding opportunities for jail

Mar. 9—Muskogee County commissioners will team with the sheriff to assess available funding opportunities that might be available for planning, designing and constructing a new jail.

District 3 Commissioner Kenny Payne said problems at the Muskogee County/City Detention Facility are becoming more frequent. Maintenance, he said, is becoming more expensive as time passes.

"It's no secret that our jail is pretty aged, and we spend a lot of money on maintenance," Payne said. "We've had some problems with it over the past few years."

Payne said the county may be eligible for federal grants available due to increased use of the county lockup by federal law enforcers. U.S. Marshal Service increased its use of the county jail after a U.S. Supreme Court decision prompted the need to prosecute more criminal defendants in federal court rather than state court.

In McGirt v. Oklahoma, a majority of the U.S. Supreme Court justices determined the land reserved by treaty in the 1860s for the Muscogee (Creek) Nation remains a reservation today for the purposes of federal criminal law. The decision removes from the state its authority to prosecute Native Americans accused of committing certain crimes on reservation land.

Sheriff Andy Simmons, who recently signed detention service contracts with the U.S. Marshal Service and Cherokee Nation, said he expects "our relationship with the Marshal Service to grow." He said proximity to the federal courthouse and his office's ability to provide transportation, meals and other inmate-related services bolsters the relationship.

"My undersheriff has some experience working with them and kind of knows their needs, and we anticipate getting quite a bit more federal inmates," Simmons said, citing a present population that includes nearly 100 federal prisoners. "We're going to continue to get inmates — they won't quit breaking laws — we just expect that to grow."

Payne said his goal is to address the county's needs related to the jail "without any taxpayer money" being used. First steps would include determining the availability of grants and securing those "for a feasibility study, possible locations, size and scope of a proposed new jail, infrastructure requirements and potential funding sources."

"Right now it's taxing, and it's a kind of a burden on everyone," Payne said, citing demands on the criminal justice systems as a result of the McGirt ruling. "Maybe we could turn that into a positive for our county — because of the things that have come into effect because of McGirt, maybe we can use those for some possible funding for a new jail."

Payne said some things that might be considered in addition to a new jail might be a centralized campus for law enforcement operations, increased accessibility and more functionality.

District 1 Commissioner Ken Doke said the idea "makes sense."

"We are continuously spending good money after bad," Doke said, referencing the increased costs of maintaining a 44,200-square-foot jail built 35 years ago.

Reimbursement rates for inmates detained by the marshal service exceed those paid for county and state prisoners. The increased revenue stream from those inmates could help offset the costs of a new jail should plans advance that far.

"Who knows how far down the road that might be," Payne said. "But right now is a good time to look at all that and be ready for it if anything does happen to develop."