This article was updated on July 7 at 2:35 p.m.
A provision in North Carolina’s budget bill would give sheriffs the ability to appeal the findings of state jail inspections. The department that conducts these inspections says it would create a new category of litigation that would drain staff resources and mean fewer inspections. Sheriffs say it’s a needed tool.
The state’s Department of Health and Human Services inspects each jail twice a year. A lot of times, inspectors find jails are out of compliance for things like missing inmate safety checks, broken lights or sanitation problems. Sheriffs then have to tell the department how they plan to correct the problem. This provision would give sheriffs the ability to appeal the finding to an administrative court.
Disability rights track jail inspections. Luke Woollard, an attorney with the group, expects there would be a lot of appeals.
“That would create huge amounts of contested case hearings in the system, potentially a strain on jail inspections if the jail inspectors have to come in and testify at these hearings – justify their findings – and really takes the teeth out of DHHS enforcement of these rules,” says Woollard.
He says that would delay the state’s efforts to correct safety problems for inmates and staff.
NC DHHS has three staff members who inspect jails. A statement from the department said the provision “would require significant staff time preparing for litigation and going to court.” It also said that would make it difficult to preform as many inspections, reviews after inmate deaths and investigate complaints.
The North Carolina Sheriff’s Association sought the legislation. The group’s general counsel, Eddie Caldwell, said he expects sheriffs would rarely use it.
“But in those circumstances, particularly when the alleged deficiency is going to cost the county hundreds of thousands, if not, millions of dollars to rectify, if they feel like a jail inspector is incorrect, they ought to have the right to appeal,” Caldwell said.
He said there were two recent cases like that that prompted the request. Right now, when the Department of Health and Human Services finds a jail’s problems a great enough threat to safety, the secretary can move to order a correction or close the jail. In that case, county commissioners can challenge the decision.
The provision mirrors a bill introduced last year that passed the House nearly among party lines, with only one Democrat supporting it.
Governor Roy Cooper has until Monday to sign the budget bill, veto it, or let it become law without his signature.
