County Judge Mark Barr made the motion not to proceed with the alternate designs after nearly an hour of presentations by citizens in the audience and county commissioners, with Commissioner Gary Simer providing the second. Commissioner Emma Brown cemented the defeat of the 144-bed design with her vote against the measure.

Commissioners Jerry Kilgore and Bill Crooker voted in favor of the 144-bed provision.

“This beast has raised its ugly head again. The voters have spoken,” said Barr prior to the vote. “They did not approve a 144-bed jail more than a year ago, and last November they did approve a 96-bed jail at a higher price. That tells me one thing: They don't want a 144-bed jail, they want a 96-bed jail. The 112 is built in there so you can actually have 96 prisoners. That gives you your cushion there. On the subject of ICE (federal immigration inmates)... we went out there and discussed this with them, and they said there would be a possibility. I grant that. But there's no guarantee, and we could be caught just like they did out in Reeves County, where they built a big facility out there to house federal prisoners and they backed out on them.

“I talked to five county judges about this, and they all said the same thing. They said not to build anything we don't need. Last year's daily incarceration rate was 50 inmates. We can double that and still have room. And there are so many other tools than just putting people in jail. You have your work programs and your bracelets, and we want to use all of those things, and that will keep our incarceration rate down. If we need those other beds at a later date, it's still there to be done. Of course, it will cost us a little more money. It will cost us $2.5 million versus $800,000, and I recognize that fact. But, when you put it out and pay for it over a long period it won't increase our tax rate maybe one cent to 1.5 cents.”

Barr said the matter wasn't just about economics, but about doing as the voters have requested.

“The fact is it's going to put a strain on this county to staff (the jail),” said Barr. “We can't even get staff now, and that's the way it is all over the state of Texas. Every jail is short staffed... But foremost of everything, this county approved a 96-bed jail, and if we do a 144-bed jail our credibility will be shot. People expect us to do what they voted for.”

Crooker called the alternate design a “golden opportunity,” giving the county a chance to help pay for the new jail with revenues from housing federal inmates.

“This was not planned. When we came to the meeting last Thursday we were as surprised as anyone that the architect and the bidding process produced a surplus of $1.6 million,” said Crooker. “Now we have an option here, the commissioners court can take that money and pay for the alternate bid, which includes 32 beds added on to the project. Whether anyone realizes it or not, our jail is rated with the (Jail) Commission at 112 beds, not 96 beds.

“We have an opportunity here. An analysis of the potential revenue that could be derived from housing federal inmates — strictly ICE (Immigration) inmates — without housing prisoners from any other county shows an annual cash net income of $362,000. I have also shown where I've gotten this information. I'm not going to stand here and strictly blow like some people do. It would take a 1.8-cent increase in our tax rate to collect this same amount of revenue and in a five-year period would add $1.6 million to the county's cash account. I'm not just pulling these numbers out of the sky. I'm trying to tell you the facts, the absolute facts of the situation.”

Crooker said Howard County's current incarceration rate — the lowest in West Texas at 1.63 percent — will increase drastically if law enforcement agencies are able to recruit officers.

“If you look at the incarceration rate for West Texas cities, you'll find Howard County at the bottom of the list with a 1.63 incarceration rate,” said Crooker. “If that rate were to double, we would also double the 55 inmates we averaged, putting us at 110 inmates... This is what really concerns me. This rate tells us what our law enforcement people are doing, and I understand the police department is short around eight officers, and that effects the number of people arrested and incarcerated. And then there are the judges that control the cases. These are the things we need to think about.

“I'm asking the commissioners court to set aside the telephone calls, e-mails and personal visits over the past few days, weeks and months and think for yourselves. Analyze the facts and I believe you will agree we have a golden opportunity due to circumstances.”

Kilgore said the opposition's cries for the need to remain with a 96-bed jail simply on the grounds it was what the voters approved was a trust that had already been broken.

“We've already violated that,” said Kilgore. “It is a 112-bed facility. We did that because the architect was able to use the rules and using some double-space, so as far as sticking with a 96-bed jail is concerned, it's irrelevant. With a 96-bed jail, we know we have to have a 10 percent reduction for the daily in and out. The court knows this. That gives us 86 beds. We've had an average of 70 inmates in the past. And Mark, to your good work, we've been able to keep that down. We have the average around 50 inmates right now. There are 62 inmates today. I don't think we can keep it down, and thats why I'm using an average of 70 inmates. That gives you 16 beds. The city is coming in there for some use, as well. That gives you 16 extra beds for 20 to 25 years.

“With the incarceration rates what they are, you're building this thing too small. We're going to have to come back. I'm not one of these people that say if you build it, they will come. Some counties have gone into this and overbuilt, and most of them have come out of it. However, there are several that have had to build more.”

Kilgore said revenues gathered by housing federal inmates would pay for a large percentage of the $11.57 million bond voters approved in November.

“The latest figures I've gotten from the boss man out there (with ICE) who is over three states,” said Kilgore. “They have 80 beds in Randall County, 80 beds in Bailey County, 20 in Tom Green, 500 in Haskell and they have 30-plus inmates each day coming right past our facility. They would love to have beds here. All you have to do is meet the state jail standards. They can't contract with you if you don't have the facility built yet where they can come in and inspect it... We could actually pay for a third of our bond indebtedness with this.”

Citizens who registered to speak during the meeting did not agree with Kilgore and Crooker, however, with three local residents — including Big Spring Economic Development Board President Frank Parker — voiced their opinions during the meeting.

“We don't need a 144-bed jail, and we never have,” Parker told the court.

Simer said he opposed the 144-bed jail for a number of reasons.

“Building a 144-bed jail would be easy to do now, or 10 years from now, if we need it,” said Simer. “The hard part would be to staff it and furnish the things that go with it that you never get paid for. And if we earmark all that money and something goes wrong... we're back to the citizens and asking them for $200,000 to $300,000 to do this change order because we've used all the money up. There are several reasons I'm against it. We've been through this numerous times. The citizens voted on a 96-bed jail. Let's stick with it.”

Commissioner Brown expressed dismay at having to reconsider the size of the jail.

“I can not believe that we're talking about the size of the jail once more,” said Brown. “When we decided to put it on the ballot and let the voters vote, they did, and they approved a 96-bed jail, not a 144-bed jail. I know this is a good opportunity, but we can always return that money and give it back and help the taxpayers a little bit. And that's all I have to say.”

While the court did vote not to pursue the 144-bed jail, no vote was taken to decide how the surplus funds would be dealt with.

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