Montezuma County sheriff: DOC hold reimbursements lag local costs; ICE detainer process clarified

Sheriff Nalin told the Montezuma County Board of County Commissioners at a June workshop that the county is paying more than it is reimbursed for state Department of Corrections (DOC) holds and gave updated public-safety statistics.

The sheriff said Montezuma County had 6,087 calls for service from Jan. 1 through May 31 and a jail population that has fluctuated between about 70 and 80 inmates. “We’ve had a total of 11,024 of incarceration since January 1,” he said. He also said the state reimbursement for DOC inmates is $77.16 per day through June 30, an amount he called well below local cost.

The sheriff’s office estimated DOC holds since Jan. 1 have totaled roughly 80–89 days of custody; he offered to provide exact figures on request. “It’s money that our taxpayers are paying for,” he said, citing what he called an “unfunded mandate” when the state requires local custody but reimburses below actual cost.

Why it matters: county officials said the mismatch between local costs and state reimbursement reduces county discretionary funds and may require further discussion with state officials. County staff and the sheriff noted the Board of County Commissioners has statutory authority to enter agreements with the state Director of Prisons, and previous efforts by county attorneys have not fully resolved reimbursement concerns.

On immigration enforcement, the sheriff said the department does not hold people for U.S. Immigration and Customs Enforcement beyond what state law allows and that the jail notifies ICE of releases; he said most in-custody releases occur within about three hours and the jail will hold people no longer than six hours for notification purposes. “We don’t hold them for ICE. We can’t, by state law,” he said. He added the office currently has two or three detainees for which ICE has been notified and that the department has not been asked by ICE to assist with arrests locally.

The sheriff also referenced Senate Bill 276, saying that this year’s changes largely affect court communications with immigration and probation staff, not day-to-day jail operations.

Ending note: the sheriff offered to provide commissioners with exact counts of DOC hold days and said the office will continue to track costs and work with county counsel on options the Board may consider.