Use of Inmate Funds

In an effort to inform the citizens of Athens Clarke County about the operations of the Sheriff’s Office and the Jail, the following information is provided about the revenue source referred to as “inmate funds.”

What are “Inmate Funds”?

These revenues are generated from three sources: Commissions from the inmate commissary (store), commissions from the inmate telephone system, and funds from the Social Security Administration based on reporting of incarceration of persons receiving federal benefits. Each of these revenue sources exists as an ongoing stream of funding separate from and outside of the taxpayer funded county budget. Also, there exist accounts holding funds from each of these sources totaling over $900,000.

Legal Guidelines

Historically, the general principle guiding use of inmate funds is that they are to be used for services that benefit inmates, since they are generated from inmate related sources. These services include inmate education and rehabilitation, recreation equipment and supplies, inmate uniforms, and similar purchases. Guidelines laid out in the Georgia Sheriff’s Association Legal Handbook indicate the following … “Surplus funds (commissary and inmate telephone funds) should be used initially for indigent inmate support and services, such as the requirement to provide indigent inmates stationary, envelopes, and stamps for privileged mail. Other inmate benefit purposes include expenditures for books, supplies, recreational equipment, transportation, vehicles, etc.  … The surplus funds should not be used by the county to offset any portion of the sheriff’s budget necessary to staff and operate the jail, or deposited into the general fund of the county for the county’s use.”

Points of Agreement

It should be pointed out that we are legally as well as morally required to provide all of these services, and Inmate Funds resources allow us to provide these services outside of the tax funded county budget. The above stated legal opinion notwithstanding, we recognize that the law does not dictate how the funds are to be used. So we have been examining these revenues in conversation with the Manager’s Office to determine the most appropriate use of each of the three streams of revenue. There is a spirit of cooperation and substantial agreement on how most of the funds should be used. The Sheriff’s Office and the ACC government are in agreement that the revenue stream from the inmate commissary should be used exclusively for inmate needs. There is agreement that future revenues from the inmate telephone system and future revenues for reporting to Social Security Administration shall be turned over to the county, presumably to be used for Sheriff’s Office expenses not funded through the county budget.

Our Proposal for the Current Revenue Issue at Hand:

At issue is the status of approximately $600,000 that has been generated from the inmate telephone system and the SSA reward system over the years. Our position is that these funds should be utilized in the following way: Due to the fact that the housing-out expenses exceed available budget funds, the Sheriff’s Office has agreed to commit $177,000 to fund the boarding of inmates for the remainder of FY 2007. In addition, the Sheriff did not tell the Manager that he would not assist in the funding of the jail study, as printed in the March 21^st Athens Banner Herald.  On the contrary, in an effort to work in partnership, we are proposing that up to $100,000 of the funds in these accounts be used to begin an immediate study for the jail expansion.  Additionally, we propose that revenues be used for the following priority items:

Each of these projects is of extreme importance to the security and quality of life for our community and staff.  The above projects will also address priority issues that the county has not been able to fund through annual budget revenues.  We  hope that this response clears up any misconceptions of the issue at hand.