State orders Whitley County Jail to close

Kentucky Department of Corrections officials announced Monday that they are taking steps to immediately shut down the Whitley County Jail due to numerous “safety and security violations,” but fiscal court members voted Tuesday morning to appeal that decision, which means the closure of the jail won’t happen for at least two to three weeks.
Corrections Commissioner John D. Rees sent an order outlining the department’s closure intent to Judge-Executive Mike Patrick and Jailer Jerry Taylor Tuesday. The county has 72 hours to request a hearing and to present evidence before Rees.
“This is serious when the department of corrections says that the safety of your community and the inmates at your jail is in jeopardy. It is real. We have to find out what they are, and what we can do to change them,” Patrick said.
Lisa Lamb, a corrections department spokesperson, said county officials will be allowed to present evidence concerning the condition of the jail, and about what course of action should be taken.
“I’ve assured the county judge – he and I have had several discussions about the situation at the jail – and he is aware of what path we have taken, and generally why we have taken this path. I think that is pretty obvious to everybody,” Rees said. “There are a lot of issues down there, and there are some fairly serious ones that I am aware of. We did not take this action lightly. It is a very serious situation.
“We are concerned for the public safety of Whitley County and surrounding counties. You can assure the citizens of Whitley County that the state stands ready to work with them to correct any issues, and protect their resource. It is a brand new jail that is not being operated very professionally, and not being taken care of.”
“I think they are acting hastily,” Taylor said Tuesday afternoon. “I really feel like the department is jumping the gun.”
Taylor said he doesn’t know if the state will actually shut down the jail following the hearing.
“It just all depends on what their intentions are. If they are hell bent on closing the jail, then they will close it. There is nothing I can do about it,” Taylor said. “If they listen to reason and facts, they will leave it open.”
Among the most egregious violations cited by state inspectors was the housing of male and female inmates in the same living quarters – an area referred to as the ‘restricted custody’ section of the jail, correction officials said in a press release.
The press release also noted the escape of two inmates through this section of the jail in February, who got out through an open door.
“The jail is also grossly overcrowded and dirty. Security violations include the lack of required inmate ‘head counts,’ direct surveillance and inmate searches upon return from court,” the press release stated.
Taylor disputes claims by the state that the jail is very dirty, and says it is much like it has been since it opened.
“If you walk through it today, you will find very little dirt in the floor. Mainly it is from where somebody has been outside, and come back in,” Taylor said. “They are using that as an excuse.”
He said male and female prisoners have never lived “together.”
“That has never happened,” Taylor said. “I don’t know where they are confused on that, but they evidently are because they sent me a letter dated the 11th, and said we had five days to respond. I got one this morning that is dated May 5, and it says five days to respond that means it would be closed already.
“Really, I don’t feel like they understand what they are doing. Somebody, and I have a pretty good idea who, based on who is in Frankfort right now, is pushing somebody’s buttons right now, and they are listening. As far as this jail being dirty no. As far as this jail having men and women together, no. That has not happened, and it will not happen.”
Taylor said jail staff did what they were instructed to do by corrections officials and that was that men could be housed on one side of the restricted custody section, and women on the other.
The area is designed to house work release prisoners with a door leading outside of the jail that opens from the inside. However, the jail doesn’t house work release inmates, and is using the “restricted custody area” to house regular inmates.
Taylor said prisoners in the restricted custody section of the jail could walk out the door any time they wanted to because of the door situation.
“We didn’t build this place. We didn’t make those 32 beds back there without locks on the door,” Taylor said. “They can holler about those two girls escaping all they want to.”
Taylor also disputes claims by the state that “head counts” of inmates weren’t being done.
Taylor said he walked around with the inspector every second he was at the jail for the last inspection, and that the inspector never mentioned anything to him about the jail being in non-compliance.
At this point, Rees said corrections officials don’t know where the inmates housed at the Whitley County Jail would be sent if the jail is closed.
“We have to decide which path we are going down. Once the final decision is made, we would have to determine where we could move some prisoners to, and work with Whitley County to do it in a safe and secure manner,” Rees said. “We are not there yet. As with any of these administrative processes, it is going to take several weeks to get to that point.”
Rees said he has been having discussions with the county judge for over a year about the possibility of closing the jail.
“It is not something that we took very lightly at all. There are a lot of serious issues at that facility. The taxpayers of Whitley County are not getting quality management at that facility. I have not spoken with the jailer, but my jail inspectors have spoken with him on several occasions. They will personally give him a copy in the morning,” Rees said Monday afternoon.
Patrick said he didn’t learn about the correction’s department decision Monday to try and close the jail immediately, until he was contacted by a member of the press Monday afternoon. Patrick said he received a copy of the formal letter from the state Tuesday.
Patrick said he was surprised that he didn’t get a formal notification Monday before the cabinet sent out a press release.
Because closing the jail would leave the county with virtually no way to balance the budget even with the implementation of a payroll tax, Patrick said there is no way he can agree with shutting the jail down.