MDOC threatens Issaquena County with breach of contract over jail closure

The Mississippi Department of Corrections says it will hold Issaquena County in breach of contract if it moves forward with closing its jail as planned.

MDOC officials said they learned of the potential closing through media reports, according to WAPT.

Under the county’s Inmate Housing Agreement with the state, MDOC should have received written notice both before and after the county made its decision to close the facility effective Dec. 17.

“If the county moves forward to shut down the regional operation as it relates to the housing of state inmates, the county will have defaulted on said Inmate Housing Agreement,” MDOC Commissioner Pelicia E. Hall told Issaquena County supervisors and Sheriff Richard Jones in a letter dated Dec. 4.

“As such, the MDOC will take the appropriate action.”

In response, the county demanded increases beyond what its current contract allows. That contract, dated July 1, 2016, sets the daily payment from MDOC at $23.92 per inmate, with a 2 percent annual increase, making the current per diem $25.61 per inmate. The jail’s current maximum is 334 inmates, WAPT reports.

Issaquena County demanded a lump sum payment of $312,270, a higher per diem of $29.74 per inmate and an increased maximum to 350 inmates.

Hall told the county it would not meet its demands.

If the county proceeds, MDOC will hold it in breach of contract, and “will exercise any available remedies under the law to address the breach,” Hall said in her response.

“It is a threat to public safety for you to cease operation of the facility and supervision of the state inmates without preparations being made for security and housing of those inmates,” she said.