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Clay County approves MOU to board Cass County inmates at local jail
Summary
The Clay County Board of Commissioners voted to approve a memorandum of understanding allowing Clay County to house Cass County inmates at the Clay County Correctional Facility, starting with 10 beds and a per‑diem intended to approximate the daily cost of confinement.
The Clay County Board of Commissioners voted Jan. 7 to enter a memorandum of understanding with Cass County, N.D., that allows Cass County to board some of its inmates at the Clay County Correctional Facility.
The agreement will begin with an initial placement of 10 inmates while staff evaluate logistics and capacity, Sheriff Empting said. The per‑diem included in the MOU is intended to “be close to the daily cost of housing them,” Empting added.
County and Cass County officials said the arrangement responds to persistent space shortages on both sides of the Red River. “We’ve been struggling on the Cass County side,” Cass County Sheriff Johnard said. “We over the last three years, it’s been a game of checkers for our staff and leadership — moving people around.” Sheriff Johnard said housing some Cass County inmates in Moorhead will reduce costly transports and help keep detainees closer to courts and local services.
Clay County officials described operational limits and safeguards. As of Jan. 6, the jail population was 103; the facility can house up to 150 inmates without adding staff, Empting said. Commissioners and sheriffs also noted that inmates with significant medical needs or other restrictions typically cannot be accepted by host counties and that placement requires compliance with North Dakota Department of Corrections and Rehabilitation requirements.
County staff said the MOU was reviewed by the county attorney and amended per legal suggestions before being presented to the board. Commissioners voted in favor of approving the agreement.
Commissioners said the arrangement is intended to be flexible: Clay County will start with a small number of beds and increase placements only as capacity, staffing and costs allow. Commissioners also discussed the possibility of adjusting the per‑diem later if the county must hire additional staff to expand capacity beyond 150 beds.
The vote followed comments from both sheriffs and a brief discussion among commissioners about operational risk and cost recovery. The board approved the MOU by voice vote.
The MOU is effective immediately; county and Cass County staff will implement placements and monitor capacity and costs. Any change in staffing needs that requires additional expenditures would be brought back to the board for review.
