The Fulton County Commission no longer faces the threat of being found in contempt if it does not buy the Atlanta jail by Nov. 1, a federal judge said Thursday. The sale is "off the table," he said.
While the threat of being locked up in the federal penitentiary still looms over the board, it's no longer imminent. Senior U.S. District Judge Marvin Shoob said he will hold the county commission accountable if it does not find a solution to its chronic jail overcrowding problems in a "reasonable amount of time."
The focus now will be setting terms for the county to lease beds from the city as a short-term fix, while the county explores the possibility of building new jail space at a cost $150 million or more.
The judge did not specify how long he will give the county to find a way to keep inmates from sleeping on the floors at the Rice Street jail.
"It was a very productive meeting," said Shoob, who oversaw talks between both sides during a closed-door session in his chambers. "The parties appear to be working in good faith to resolve the problem."
Shoob spent an hour with Commission Chairman John Eaves, County Manager Zachary Williams and County Attorney David Ware, then for another half hour after they were joined by Atlanta Mayor Kasim Reed, Atlanta Chief Operating Officer Peter Aman and others.
The judge is enforcing the county's compliance with a 2006 consent order stemming from a lawsuit over dirty, dangerous and crowded conditions at the Rice Street jail, and he has deemed Fulton in violation with 3,400 inmates forced to sleep on the floor during the three months of the spring and 1,400 doing so in August.
Shoob believed the 1,314-bed city jail offered the best short-term solution. Sixteen months ago the city was willing to sell it for $40 million, but after Shoob threatened to lock up commissioners, Atlanta raised its asking price to $85 million, closer to fair market value.
Circumstances have changed, Reed said, such as the city now having its largest police force ever, meaning more arrests. The mayor said he doesn't want the city in a position where it has to negotiate with Fulton to put inmates in a jail it once owned.
While Atlanta is not a party to the case and can't be held in contempt, Shoob became so frustrated after the city upped its price that he threatened to bar Atlanta police from bringing detainees to Rice Street.
Reed has expressed frustrations of his own, such as that when the city assembled a negotiating team two years ago, the county did not reciprocate. He said he's ready to meet "whenever I have a dance partner.
"I respect the court," he said, "and I'm going to try to be a part of the solution rather than the problem."
Eaves declined to comment as he left the meeting, though he issued a statement.
"I assured the Court," he said, "that the County is serious about addressing the issues at the County jail facility and that we will continue to explore any and all options to address any unacceptable conditions at the Rice Street facility, including progressive programs which address the issues of recidivism.”
A key question is how much the city will charge Fulton per bed and how much the county is willing to pay.
When the county commission unanimously rejected the city's $85 million sale offer earlier this month, it also turned down a second option to reserve 400 to 750 beds at a cost of $103 per inmate per night, which would make Atlanta its most expensive outsourcing option.
U.S. Immigration and Customs Enforcement pays Atlanta $78 per inmate per day.
Several commissioners have spoke of finding alternatives to incarceration, such as electronic monitoring, pretrial intervention and diversion courts. Shoob's jail monitor, Calvin Lightfoot, said alternatives and reducing recidivism will help, but won't solve the overcrowding problem.
"As far as I'm concerned, and as far as Judge Shoob is concerned, one of the options is to build or add on at that site,"said Lightfoot, who will be sitting in on negotiations. "And if they need a court order from the judge to do that, that can be done."
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