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Committee rejects motion to require 30‑day notice to federal agencies to end federal detainee contracts; jail overcrowding fuels debate
Summary
The Washington County Services Committee voted down a motion Oct. 28 that would have asked the sheriff to give federal agencies 30 days27 notice to stop using county jail beds for federal detainees, a proposal supporters said was needed because the jail is operating at or over capacity.
Washington County27s Services Committee considered a resolution Oct. 28 asking the sheriff and contracting entities to give 30 days27 notice to federal agencies to cease housing federal detainees in the county jail. The proposal, put forward by Justice Rivera Lopez, challenged the practice of carrying federal detainees when the jail is operating at or near capacity and when county law gives priority to in‑county municipal prisoners.
The resolution cited Arkansas Code Annotated 12‑41‑506(d) ("county shall give priority to in‑county municipalities over contracts for out‑of‑county prisoners") and 12‑41‑503(g) (jails shall accept U.S. prisoners "provided space and staffing are available" and the delivering agency agrees to pay per diem). Lopez said the county did not have space and that federal contracts therefore should be terminated so in‑county needs are met first.
Committee debate: Justices and the sheriff exchanged sharply different views. Justice Koger argued contracts prioritize revenue over public safety and staff welfare and said the priority statute supported the resolution. Sheriff Cantrell described the jail as "safe and humane," noted federal cases often originate locally and that federal partners help prosecute serious offenders, and emphasized the operational partnerships. Cantrell also confirmed the jail receives a federal per‑diem (approximately $80 per day) and provided recent population context: state‑level prison backups and hundreds of detainees awaiting beds elsewhere. In his remarks Cantrell said many federal arrestees had local charges in addition to federal charges.
Public testimony: More than a dozen members of the public and advocacy groups spoke during an extended public‑comment period. Speakers urged the county to stop contracting for federal beds while local inmates sleep on mattresses or the floor, voiced concerns about inspections and transparency, and cited the 2020 committee resolution that had previously asked to end federal contracts. Several speakers said they had tried to obtain records through FOIA requests and expressed frustration about redactions and delays.
Vote: After extended rounds of debate and public comment, the committee took a recorded, in‑person vote. During the session the chair called for those in favor to stand (count recorded in the transcript as five JPs). Those opposed also stood (count recorded as seven JPs). The chair declared the motion failed.
Implications: The committee27s action keeps the status quo for the sheriff27s detention contracts but flagposts public concern and continuing political pressure on jail capacity. Multiple justices noted overcrowding is a long‑running issue and urged a multi‑pronged approach, including pretrial services and other system changes. The sheriff said he will continue partnering with federal prosecutors on locally filed cases and that federal detainee placements are often related to cases heard in the local U.S. District Court.
Action recorded: Resolution (12.1) moved to committee and failed in committee (vote recorded in transcript: ayes 5, nays 7). No immediate contract changes were enacted at the meeting.
