Suffolk opts to comply with jail mandate

The Suffolk County Legislature, facing a multimillion-dollar threat from the state, backed away Tuesday from a proposal to delay budgeting $100 million in construction money for the second phase of the new 440-bed jail in Yaphank until at least 2017.

Instead, lawmakers voted unanimously to restore partial funding for construction -- $25 million each year in 2015 and 2016, and the remaining $50 million in subsequent years.

In a separate action, the legislature also unanimously authorized the immediate spending of $3.7 million to design the jail's second phase, which will add 360 cells.

The compromise resolution came in reaction to a harsh letter from the state correction commission late Monday threatening to immediately end variances that allow the county to house 373 prisoners over capacity at its various facilities, saving $24 million a year.

In that letter, Michael Donegan, commission counsel, said adoption of the original legislative budget amendment to delay funding, released last Friday, would violate a 2005 court stipulation in which the county agreed to build new jail space.

"The specter of the county legislature taking irreversible action . . . will leave the commission with few viable alternatives other than seeking to enforce . . . the stipulation" and revoke existing variances, Donegan said.

Beyond the 373 variances, Donegan said the commission could revoke permission for a 120-bed temporary structure, known as a Sprung, also in Yaphank.

Last year, the county averaged 1,712 prisoners daily.

County Executive Steve Bellone originally proposed spending $50 million in 2015 and $50 million in 2016 for the second phase.

"We feel we can make a good case to demonstrate good faith . . . that we are moving the ball forward," Deputy County Executive Jon Schneider told lawmakers Tuesday.

But he added that the county cannot afford to risk loss of its variances and the high cost of transporting prisoners out of the county.

"If you disagree, you can roll the dice," he said. "I'm not a gambling man."

If the commission is unhappy with the legislature's compromise, Schneider said that Bellone will veto the jail amendment, which would restore his original proposal.

Reached after the vote, commission spokeswoman Janine Kava said, "The commission looks forward to speaking with the county to discuss the actions taken tonight to determine if it allows the project to stay on track."

While Donegan's letter sought a meeting between the county and commission before lawmakers took a vote, he said the commission could not meet with the county until after the state legislative session ends June 21. The county legislature, which must complete its budget by month's end, was under its own deadline to give Bellone 10 days to issue potential vetoes and give themselves time to override those with which they disagree.

However, several lawmakers were reluctant to move ahead without considering how the jail's first phase, which opened last month, is working out.

Some also expressed concern that the jail population has been down about 100 prisoners daily for the past 18 months, and an earlier forecast of 2 percent population growth annually may now be skewed.Legis. Rob Calarco (D-Patchogue) said the original 2005 court stipulation included no timeline for construction and that the county cannot begin building until all the money for the project is appropriated, which cannot occur until 2017. "We just don't think they are going to be ready for construction," he said.

"It's incredibly frustrating," said Legis. Kara Hahn (D-Setauket). "It's too big a project to move forward without even talking to the workers who are on the front line."