On Monday, October 16, 2023, at 3:16 p.m., Commissioner and Chair of the Kootenai Board of County Commissioners (BOCC), Leslie Duncan, posted a video to her personal Facebook page titled “County Ecosystem 102.”
In Duncan’s video, which posted just hours before a highly anticipated public hearing on the county’s Justice Center Expansion Project, she addresses four points that play a role in jail overcrowding.
- Idaho Department of Corrections
- Mental Health
- Cite and Release
- The Court System
Duncan believes there are incarcerated individuals who should not be in the county jail.
We have people in our jail who really need treatment, and not necessarily to be in jail.
Commissioner Leslie Duncan, speaking to mental health and jail overcrowding
She also speaks in support of a cite and release policy, similar to policies implemented in large metropolitan areas like New York City and San Francisco.
Non-violent misdemeanors can be cited and released, they don’t have to be booked into our jail.
Commissioner Leslie Duncan, speaking to cite and release policy and jail overcrowding
Throughout the discussions, meetings, and hearings over the past year concerning the capital improvement project to the First Judicial District’s facilities, Duncan takes a clear stance that expanding the court facilities will alleviate Kootenai County’s jail overcrowding.
When the court system is bogged down, or lagging, then we have people awaiting trial, or court dates, and that tends to back things up. Right now we have 107 people in jail awaiting court.
Commissioner Leslie Duncan, speaking to court system and jail overcrowding
During his address to the board and the public at the hearing the same day, Sheriff Norris insisted jail overcrowding is best resolved by expanding the jail’s capacity to house inmates. “This community is about law and order, and keeping the bad guys off the street. Nobody should ever want a policy that allows criminals to be let back out on the street because of jail overcrowding. But that is what you have, if you don’t make finishing the jail pods a priority,” Norris stated.
He described the conditions within the jail, including the functional capacity being 361 inmates, with a maximum capacity of 451 inmates. “Today’s total population is 464, and often exceeds 500 inmates,” Norris stated. “Inmate versus inmate incidences have increased … inmates often sleep on floors and plastic liners.”
Allowing these situations to continue, increases the risk of an incident that could cost this county well into the seven digits.
Sheriff Robert Norris, Address to BOCC October 16, 2023
Norris highlights the risk to the county is more than just financial, as the potential for a federal entity to get involved in the operations of the jail is a real possibility based on the ongoing jail overpopulation.
I cannot imagine how this community will react to the BOCC if they ignore this problem and we are put into a federal consent decree, and a federal judge tells us what we can and cannot do.
Sheriff Robert Norris, Address to BOCC October 16, 2023
In response to Commissioner Duncan’s video address, Sheriff Norris states, “No inmates have been denied their constitutional guaranteed right to a speedy trial by jail overcrowding. The Sheriff has a state mandated responsibility to operate a jail, and according to counsel, cannot dictate/require law enforcement agencies to cite and release program.”
Commissioner Bruce Mattare also responded to Duncan’s video address by stating, “The reality is that most inmates (after conviction), come right back to the jail after their trial. I would like to see any facts that support the assertion that more court rooms will alleviate jail overcrowding. I cannot find any.”
The video is a basic understanding of how the system works, a summation from 30,000 feet … not meant to be detailed.
Commissioner Leslie Duncan, addressing Kootenai Journal’s inquiry into her “County Ecosystem 102” video
The commissioners continue to wrestle with balancing the county’s three current capital improvement projects that are set to cost the county $48.4 million dollars, and counting. The next public BOCC meeting is a Status Update set for Tuesday, October 24, 2023, at 10:00 a.m., which is held in the county’s Administrative Building. There is also a regular BOCC Business Meeting scheduled for Tuesday, October 24, 2023, at 2:00 p.m.
The full video of the October 16, 2023, public hearing can be view on the BOCC’s YouTube channel. Sheriff Norris’ address begins at minute 45:22.
