COUNTY JUDGE
ROBERT A. DENSON
COMMISSIONERS COURT
H. A. "BUSTER" BALDWIN, PCT. I
T. H. "BUTCH" LACKEY, PCT. 2
IONATHAN LETZ, PCT. 3
BRUCE OEHLER, PCT. 4
Mr. David McNutt
Director of Financial Services
Texas Department of Criminal Justice
P.O. Box 99
Huntsville. Texas 77342-0099
Re
Dear Mt. McNutt:
~~~
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G`nIY UI ACS
THE COUNTY COURT
OF
KERR COUNTY, TEXAS
700 MAIN KERRV[LLE, TEXAS 78028
TEL: (830) 792-2211
FAx:(830)792-2218
/ i~"+
January 29, 1998
Inmate Housing Agreement
CLERK
PATRICIA DYE
ADMINISTRATIVE ASST.
THEA SGVIL
This shall serve as response to your letter of December 10, 1997 concerning the referenced subject. The Kerr
County Commissioners' Court, as well as Sheriff Frances Kaiser, have discussed your proposal and respectfully requests
modification of same.
Our Auditor has calculated per diem cost of housing an individual inmate is no less than $35. Medical expenses
or any other extraordinary expense necessarily increase the maintenance costs associated with any particular inmate. We,
therefore. cannot hold apaper-ready inmate without receiving at least the minimum amount needed to break even.
We propose an agreement which would provide payment of $35 per day plus actual medical expenses incurred.
Both sums would begin accruing the 46~` day from which the inmate is paper-ready. No credits would be due TDCJ for
early transfer to a State Institution.
Should these modifications be acceptable, please let me know so the Commissioners' Court can schedule the
Agreement for formal approval-
4' t~Y Yo~~
bert A. De o
County Judge
cc: Sheriff Kaiser
Commissioners'
Auditor
RAD/ts
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
P.O. Box 99 Huntsville, Texas 77342-0099
Wayne Scott
Executive Director
December 10, 1997
The Honorable Robert A. Denson
County Judge, Kerr County
County Courthouse
Kerrville, Texas 78028
Dear Jud e Denson:
g
This is a follow-up to the previous letter sent out by Wayne Scott regarding contracts with the
State of Texas. This letter is to provide additional information regarding Option One (Holding
your own paper-ready inmates).
As you will recall, Option One was an option for you to hold your own paper-ready inmates for a
period longer than forty-five days. We would like to extend this time period for a total of ninety
days, an additional forty-five days to the initial forty-five day timeframe. The Department would
reimburse counties at an agreed upon per diem beginning on the forty-sixth day. This option
would not require programming and, in most cases, a county would not need to hire additional
staff to house these inmates. Therefore, it is our belief, that a fair price would be twenty-five
dollars per day to handle inmates under this contract option, including most medical. In
situa )tons where an inmate is taken to a hospital outside your county jail, t e county would be
responsible for the first twenty-four hours of care outside the facility and up to $5,250. Any
amount after the first twenty-four hours or amount over $5,250 would be paid by TDCJ.
We are willing to work with counties to remove inmates posing security and/or medical risks.
This contract option in no way would require counties to keep inmates past forty-five days if the
county does not have available space.
If you have expressed interest in Option Two (Housing inmates from other counties), you will be
contacted shortly.
In closing, we are submitting a draft copy of the proposed contract. Please provide your
comments or approval of same and return to me as soon as possible.
' cerely,
David McNutt,
Director of Financial Services Division
Post-it'" Fax Note 7671	Date ~ ~~	pag°es~ 9
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Phone #	Phone #
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INMATE HOUSING PAYMENT AGREEMENT
This Housing Payment Agreement (hereinafter this "Agreement") is
made and entered into by and among the Texas Department of Criminal
Justice (hereinafter the "TDCJ") acting on behalf of the Texas Board of
Criminal Justice (hereinafter the "Board") and County
(hereinafter the "County"), pursuant to TEX. GOVT CODE ANN. art.
493.010 and 499.121(c).
WITNESSTH:
WHEREAS, Article 493.010 authorizes the Board to enter into leases
or contracts with public or private jails or operators of alternative housing
facilities for the temporary or permanent housing of inmates; and
WHEREAS, the Executive Director of TDCJ having been delegated
authority to act on behalf of the Board, and the County desires to enter into
this Agreement to establish the rate of payment for maintenance of inmates
awaiting transfer to the Institutional Division;
NOW THEREFORE, for and in consideration of the premises and
the mutual covenants hereinafter contained, and subject to the conditions
herein set forth, the parties agree as follows:
I
Section 1.1. Inmates EIigible for Compensation. Inmates confined
by a County for compensation shall be those county jail inmates determined
by TDCJ to have been held in the county jail in excess of 45 days from the
date on which all processing required for transfer has been completed, with
the following exception. If an inmate is transferred to the Institutional
Division by the County prior to 45 days from the date on which all
processing required for transfer has been completed (early transfer), the
County shall credit TDCJ with the difference in the number of days toward
the transfer of another inmate or inmates. County shall not be paid for the
days an inmate is held in excess of 45 days until the number of days equals
the number of days for which TDCJ received credit for early transfer.
Section 1.2. 1~etention Se 'cep. County shall provide housing, care,
meals, medical services (subject to the conditions of Section 1.3, herein)
and other usual services for inmates on the same basis as such services are
provided for County's inmates. It is expressly agreed, however, that County
shall not provide programmatic services other than those specifically listed
herein.
Section 1.3. Medical Services. County shall pay all medical costs
incurred by the County on behalf of an inmate during the first 24 hours of
each hospital admission unless the total medical cost for each such 24 hour
hospitalization period exceeds $5,250. TDCJ shall be responsible for
payment of all of the medical costs incurred by the County on behalf of an
inmate, if the total medical cost for the first 24 hours of each hospital
admission exceeds the sum of $5,250. Additionally, TDCJ shall be
responsible for payment of all medical costs incurred on behalf of an inmate
after the first 24 hours of each hospital admission for such inmate. It is
further agreed that County shall be responsible for alI required security
during the first 48 hours of each hospital admission of an inmate, thereafter,
TDCJ shall be responsible for such security. It is further agreed that if the
County requires the inmate to make a co-payment for medical services
received, the amount of the co-payment shall be subtracted from the daily
per diem as provided in Section 2.1.
Section 1.4. Transportation. TDCJ shall arrange for necessary
transportation of inmates, except as provided below. In the event that TDCJ
agrees to reimburse County for transportation costs incurred by County for
transporting inmates, such costs shall be reimbursed at a mutually
acceptable rate per mile per trip. As used in this subsection, the word "trip"
means transporting an inmate from the County Jail to TDCJ.
TDCJ will not provide reimbursement for any trip as defined herein unless
advance approval has been obtained from TDCJ's Institutional Division's
Transportation Coordinator, telephone (409) 295-5768, ext. 206.
County shall arrange for necessary transportation of inmates in order
to access health care services or respond to a writ of attachment
(benchwarrant). County shall notify TDCJ if an inmate is absent from the
facility for 24 hours or longer.
Section 1.5. Records. County shall keep, maintain, and update those
records required by law and TDCJ on each inmate while incarcerated in the
County's jail facility. Such records must include the date, time, and place
each inmate is accepted by the County; each such inmates jail number; and
the date and time of such inmates release from the County jail or transfer to
TDCJ and the TDCJ unit to which the inmate is transferred. Such records
shall be made available upon request to TDCJ.
Section 1.6. available Space. It is agreed that County
shall provide such space as may be available from time to time in its jail
facility for the incarceration of inmates. It is further agreed that all
arrangements for the incarceration of up to such inmates will be made
through TDCJ. It is understood and agreed that no guarantee is provided
herein that County will be requested by TDCJ to incarcerate
any inmates in excess of 45 days from the date on which all processing
required for transfer has been completed.
Section 1.7. Length of Stav. It is agreed that all inmates shall be
transferred to TDCJ as determined by TDCJ but not later than ninety days
from the date on which ali processing required for transfer has been
completed.
II.
PAYMENT
Section 2.1. Payment for Services. It is agreed between the parties
hereto that the rate of payment for maintenance of inmates by the County is
~~ per day for each such inmate. It is expressly understood and agreed
that this per day rate to be paid by TDCJ shall be full compensation for
housing, care, and all other usual services performed by County except
those medical costs described in Section 1.3 of this Agreement. The
payment or expenditure of any money under any provision of this contract
by TDCJ or the State is contingent upon the availability of funds
appropriated by the Texas Legislature to TDCJ in sufficient amounts needed
to make such payments or to pay such amounts to cover the provisions
hereof. Should the Legislature not appropriate sufficient funding, this shall
not constitute a default of this agreement by TDCJ.
Section 2.2. Inmate DaX. It is agreed that County will have
maintained an inmate for each calendar day or part thereof in excess of 45
days from the date on w~~ich all processing required for transfer has been
completed and during which time such inmate is counted on the midnight
strength report. It is further agreed that the 46th day from the date all
processing required for transfer has been completed shall be counted as the
first day that the County shall receive compensation, but the day of
departure shall not be so counted, except as provided in Section 1.1 of this
Agreement.
Section 2.3. Billing For Services. County shall submit bi-weekly
billings to TDCJ. Such billings shall be accompanied by sufficient
documentation to allow TDCJ to make payments to County. Billings for
medical services described in Section i .3 herein shall also be submitted to
the TDCJ for payment. Agreed transportation reimbursement described in
Section 1.4, if applicable, shall be submitted to TDCJ for payment. TDCJ
shall verify all billings through the State Ready System before payment is
rendered.
Section 2.4. Refund of Per Diem Rate. It is agreed that if County
receives reimbursement under the State Criminal Alien Assistance Program
(hereinafter the "SCRAP") or any other program for any inmate covered
under this Agreement, the County shall reimburse TDCJ in an amount equal
to the payment received under SCRAP.
III
TERM OF AGREEMENT
Section 3.1. Term of Agreement. Unless sooner terminated as
provided herein, this Agreement shall commence on the effective date
hereof and end on August 31, 1999.
Section 3.2. Contract Termination.
(A) Termination for cause may include, but is -not exclusively
limited to, a material failure to keep, observe, perform, meet or comply with
any covenant, agreement, term, or provision of this Agreement required to
be kept, observed, met, performed, or complied with by the County
hereunder, in any case where such failure continues for a period of thirty
(30) days after County has received a written notice of deficiency from
TDCJ.
(B) This agreement may be terminated by either party upon ninety
(90) days written notice to the other party.
Section 3.3. Manner of Giving Notice. Any notice required by this
Agreement shall be provided by certified mail, return receipt requested and
addressed as follows:
Wayne Scott
Executive Director
Texas Dept. of Criminal Justice
P.O. Box 99
Huntsville, TX 77342-0099
Sheriff
County
Address
,TX
N
STANDARDS
County
TX
Section 4.1. Service Standards. In performing the services required
by this Agreement, the County shall observe and comply with all applicable
federal and state laws, rules, and regulations affecting the services to be
provided. County shall provide verification to TDCJ that the jail is in
compliance with standards adopted by the Texas Commission on Jail
Standards. Nothing in the Agreement is intended or shall be construed to
require the County to accept or admit any inmate if in the opinion of the
County Sheriff such acceptance or admittance would create overcrowding at
the County Jail Facility.
V
MISCELLANEOUS
Section 5.1. Entire Agreement. This Agreement constitutes the
entire agreement between the parties hereto_ All prior representations,
agreements, and understandings are superseded hereby.
Honorable _
County Judge
Address
Section 5.2. Amendments. This Agreement may be amended or
supplemented only by a written document signed by the duly authorized
representatives of the parties hereto.
Section S.3 Indemnification. The County shall indemnify and save
the Board of Criminal Justice, Texas Department of Criminal Justice, the
State of Texas, and its officers, agents and employees (hereafter State)
harmless from and against any and all claims arising from the conduct,
management or performance of the Agreement, including, without
limitation, any and all claims arising from any condition of the Agreement
or arising from any breach or default on the part of the County in the
performance of any covenant or agreement on its part to be performed,
pursuant to the terms of this Agreement, or arising from any act of
negligence of the County or arising from any accident, injury or damage
whatsoever caused to any person, firm or corporation and from and against
all costs, reasonable attorney's fees, expenses and liabilities incurred in or
about any such claim, action or proceeding be brought against the State by
reason of any such claim, the County, upon notice from the State, shall
defend against such action or proceeding by counsel satisfactory to the
State, unless such action or proceeding is defended against by counsel for
any carrier of liability insurance. The aforementioned indemnification shall
not be affected by a claim that negligence of Texas Department of Criminal
Justice or its respective agents, contractors, employees of licensees
contributed in part to the loss or damage indemnified against.
Section S.4 Access to Facility. The County shall provide entry to the
Facility at all times by employees/agents for inspections and other purposes.
The Governor, members of the Legislature and all other members of the
Executive and Judicial departments of the State, as well as any other
persons designated by the Texas Department of Criminal Justice and the
Texas Board of Criminal Justice shall be admitted to the facilities at any
time.
EXECUTED in three originals and effective this the day of
199_.
By:
David McNutt
Director of Financial Services
Texas Dept. of Criminal Justice
Bv:
Name
County Judge
County
By:
Name
Sheriff
County
DRDER ND. E~i"g3
APPROVAL DF INMATE HOUSING PAYMENT AGREEMENT
pETWEEN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE
AND THE COUNTY OF KERR
Dn this day the ~Eth day of January, 198 upon motion made by
Commissioner Defiler, seconded by Commissioner Let z, the Court
unanimously approved by a vote of ~-~-0, the Inmate Housing
Payment Agreement between the Texas Department of Criminal
J~.ast ice and the County of FSerr^ with the amount of X35. ~Q~ per
day to be inserted in contract and authorize County J~_~dge and
Sheriff to sign the same.
Order No. 25193
Approval of Inmate
Housing Payment rGreement
Between the Texas Department
of CRiminal Justice
and the County of KErr
January 26,1998
VOl V Page 552