NWA EDITORIAL: Finding "yes"

County flails about in seeking jail answers

Thankfully, few political officeholders at the local level run for office solely on a desire to raise everyone's taxes. It's a good thing many -- we'd even say most -- of them have a built-in resistance to new taxation.

That's a good thing because government doesn't give refunds. Well, the IRS refunds overpayment, but once government starts collecting taxes really owed, it's going to either spend the money or sock it back for "rainy day" needs. Take, for example, news nearly two weeks ago that Arkansas ended its fiscal year with a $295.4 million budget surplus. That means the state collected more money than it had planned to spend, so should all us taxpayers expect checks in the mail?

What’s the point?

Washington County’s exploration of issues affecting jail crowding may have many solutions, but expansion will likely have to be one of them.

No, government will find a way to spend it. While we don't suggest it's wasted just because it was unanticipated, our point is taxes tend to stick around, so political leaders are wise not to be too eager to propose any new taxation.

But never say never. Look around at the kinds of major projects your city or county has done over the last decade or two. New jails, fire stations, police headquarters, city halls and major roads don't just happen. Usually, they can be traced back to officeholders who stepped up in a moment of public need and led the way toward meeting that need. Almost always, there's opposition. And from time to time, a first or second proposal is rejected before a solution finally fits the public's notion of reasonableness.

Let's use Benton County's jail as an example. Voters in 1995 -- 24

years ago as of this Thursday -- approved a three-year sales tax to build a new jail on Southwest 14th Street, where it still operates today. Voters had rejected an earlier, larger proposal.

These thoughts run through our minds as today's leaders attempt to develop plans for a Northwest Arkansas that, for better or worse, keeps attracting more and more people, which translates into more traffic, more crime, more development, more philanthropic support, more trash, more sewage, more volunteerism, more business.

More, more, more.

Standing still isn't an option in Northwest Arkansas, but major projects require money that's typically not just sitting around in city or county coffers. If a county needs a new courthouse or jail, it's usually going to have to find some new revenue to pay for it.

That's why Benton County leaders attempted to convince voters early this year to back a temporary tax to build a courts building in downtown Bentonville. It failed and now it's back to the drawing board, because the problem didn't disappear just because the proposed solution didn't attract enough support.

It's why residents are also watching Washington County's elected officials chew on the merits of expanding the county jail, where longtime Sheriff Tim Helder says crowding continues to build pressure to find more space. He, the county's circuit judges and other agencies have for some time been working together to release people on citations where possible, but the problems persist for a variety of reasons -- growth in crimes as the population swells, cities closing their jails and relying on the county jail, people unable to bond out as they await trials, etc.

At the Washington County Quorum Court, appearances suggest the 15 elected members are willing to try just about anything to avoid saying "yes" to a jail expansion and any associated tax. A committee the other day recommended hiring an ombudsman charged with evaluating prisoners who might be released to reduce crowding, a job the sheriff's office has been doing for quite some time now.

Quorum Court members also weighed, in a different meeting, charging area cities a daily fee for any inmates they bring to the jail. It's a dicey subject that's been discussed before. Dicey because residents of cities and towns are also tax-paying residents of the county. Dicey because city leaders have budgets, too, and don't want to see their costs for inmates explode or become unpredictable. Mayor Doug Sprouse of Springdale likes the idea of a per capita fee -- cities paying a flat rate for each resident -- rather than the less-predictable per-inmate fees.

The Quorum Court's Jail/Law Enforcement/Courts Committee deadlocked 3-3 on the proposal. Last month the full Quorum Court deadlocked 7-7 on spending $100,000 on a professional study of alternatives to incarceration. The proposal will come up again this month.

Some Quorum Court members say expanding the jail is a necessity. Others want to explore alternative sentencing that releases more people charged with crimes back into the community, but with counseling or other interventions or with punishments not requiring county-paid housing.

What's going on? It certainly reflects how challenging it can be to get a majority of 15 members to agree. But it's also apparent the Quorum Court is flailing around, willing to do just about anything except face its obligation to operate a jail with enough space to meet demand.

We do not dismiss the value of the resident-led movement for judicial reforms. But the debate has developed as though Washington County must consider either jail expansion OR alternative sentencing programs.

When all this comes out in the wash, we suspect that's a Hobson's choice. The real answer will involve implementing both.

For now, it appears those who want to steer clear of any multi-million-dollar expense and the related need for new taxation are more than willing to use the reformers as a way to shield themselves from the reality of a jail that's overcrowded and needs expansion. Those willing to expand the jail may, in a similar fashion, be hesitant to put all the county's eggs in the judicial reform basket.

Reform has potential. But it's far beyond the Quorum Court's purview to make it happen. The kinds of sentencing, bonding and incarceration reforms being discussed will require an extensive effort involving legislators, the courts, money for existing or new programs, and maybe changes in state law.

Meanwhile, Washington County's crowding at the jail continues.

Today, it seems the county is saying "no" to everything when the solution may ultimately involve some degree of saying "yes" to multiple approaches, including a jail expansion.

Commentary on 07/14/2019

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