Nelson sues to fight jail proposal

COEUR d'ALENE - Kootenai County Commissioner Jai Nelson has filed court documents in opposition to a proposed lease of a new jail facility.

"The citizens of Kootenai County have spoken loud and clear with a 'No' vote on jail bonds in 2005, 2008 and 2009," Nelson said in a statement Tuesday, announcing her legal challenge. "I'm filing in opposition to this private-public business arrangement to represent the citizens of whose voices are being circumvented by this process."

She said she understands the goal of a leased, privately owned jail - operated by the Kootenai County Sheriff's Office - is to solve overcrowding in the current jail.

The county has been paying to transport inmates to other counties and paying other jail operators to house the prisoners.

But she said the costs of leasing a brand-new jail built by Rocky Mountain Corrections, of Ketchum, Idaho, are "exorbitant."

"The annual increase in costs and expenses to Kootenai County, as a result of the obligations created by the subject 'rental agreement,' are estimated at between $7,893,833 per year and $9,975,219 per year," Nelson's attorney, John Magnuson, wrote in court documents. "There is no demonstrable offsetting income or tax source sufficient to fund the entirety of the expenses and, consequently, the subject rental agreement will create an indebtedness (that violates) the Idaho Constitution."

After one year, she said, the savings will no longer be budgeted and the reduction will be lost.

"We are trading in a nominal housing problem, at the average yearly cost of $648,000, for a gold-plated solution with a 1,200 percent escalation factor which equates to a $8.9 million annual remedy," Nelson said in her statement.

The proposed new jail would have 625 beds, nearly doubling the 327 beds in the current facility. Rocky Mountain Corrections hasn't purchased property for the proposed facility, which would likely be located in Coeur d'Alene, Hayden or possibly Post Falls.

Commissioner Dan Green said the county is still negotiating lease costs with Rocky Mountain Corrections.

The new facility would be built on 20 acres, so the jail could be expanded to house more than 900 prisoners.

County officials have said they could make some money for the county by taking in prisoners from other counties, which would have to pay for the housing.

Second District Judge John Stegner will conduct a judicial confirmation hearing starting at 1 p.m. Friday. Stegner will address a couple paragraphs in the county's draft contract with Rocky Mountain Corrections, determining whether the lease is constitutional.

Magnuson said Tuesday night that nobody can know for certain if the cost to lease and operate a new jail might exceed county revenue in any given future year.

"We think it's unconstitutional," Magnuson said.

He pointed to Article 8, Section 3 of the Idaho Constitution, which in part says, "No county ... shall incur any indebtedness, or liability, in any manner, or for any purpose, exceeding in that year, the income and revenue provided for it for such a year, without the assent of two-thirds of the qualified electors (of the county) voting at an election to be held for that purpose..."

Nelson said by not placing the issue on the ballot, again, the county is violating the constitution.

"The (lease) draft has too many loose ends, unwritten and missing sections and leaves far too many unanswered questions," Nelson said.