State decertifies Rutherford County jail
MURFREESBORO — The Rutherford County Adult Detention Center could face a federal court-ordered takeover after being decertified by a state entity Wednesday.
The Tennessee Corrections Institute's Board of Control responded to recent findings of a lack of supervision of inmates following an inspection of the facility on New Salem Highway, said Kevin Walters, spokesman for the state Department of Commerce & Insurance, which oversees the TCI. The board's vote was unanimous.
On Nov. 8, TCI detention facilities specialist Miller Meadows noted how the "restraint chair logs and suicide logs reflect that checks are not conducted within 15-minute standard."
The jail has dealt with two reported suicides this year. Jonothan E. Maxwell hanged himself with a phone cord Jan. 30. Eight days later, Michael J. Murray was found dead following an apparent suicide.
"I strongly recommend that (four to five) of the 12 new (jail) positions be assigned to the booking room to help meet this standard," Meadows said.
The Rutherford County Commission responded on Nov. 17 by converting four of the 12 new jailer positions into booking officers to meet the standard, said County Commissioner Doug Shafer, chairman of the commission's Public Safety Committee.
"I think we're going in the right direction," said Shafer, noting that commissioners were expecting the state to decertify the jail. "We all have concerns about it."
Wednesday's decertification is the latest incident in the ongoing controversy surrounding the Rutherford County Sheriff's Office.
Shafer said turnover at the jail has been high, even in leadership roles, since Sheriff Robert Arnold was jailed in late September. Arnold faces a 14-count federal indictment accusing him of illegally profiting from inmates through the sale of electronic cigarettes. His trial has been set to begin Feb. 7.
In addition to the JailCigs case, Arnold faces a civil ouster lawsuit filed on behalf of 12 Rutherford County residents who want the sheriff removed from office. Davidson County County Chancellor William Young responded by suspending Arnold from his duties and $127,078 salary, pending the outcome of the ouster trial.
Inspections are autonomous, Walters added. A facility is given 60 days to correct failures or request a plan of action if more time is needed, he said, but inaction leads to decertification.
The Rutherford County facility was one of four decertified following Wednesday's meeting.
Jailed sheriff sought more workers
Prior to his indictment, Arnold had been requesting about 75 more workers. Most would serve at the jail, with 20 as patrol deputies. The County Commission approved a budget in June without adding sheriff's positions, including for a jail staffed with 151 employees.
Shafer said his committee will examine other ways to add more staffing at the jail when budget talks begin in the spring.
In an email to The Daily News Journal, County Mayor Ernest Burgess agreed the decision to add four booking officers will address the concerns mentioned by TCI inspectors.
"This will provide an additional officer in booking for each shift that will add an additional resource to observe and monitor the behavior of those inmates being held in booking," Burgess said, adding that candidates for those openings have been interviewed and will begin work in a few weeks. "We will work diligently to get our procedures in compliance, and at that time, we will get TCI to come back for another inspection."
Sheriff's Office spokeswoman Lisa Marchesoni said those serving at the county jail appreciate the Tennessee Corrections Institute’s desire to ensure that inmates are detained in a safe and efficient manner.
"The primary concern for decertification from TCI was directly related to a lack of personnel in the Booking Division at the Rutherford County Adult Detention Center," Marchesoni said in an email to The Daily News Journal.
What does decertification mean?
Decertification can lead to many penalties, Walters said, including:
- Increased insurance costs.
- Potential federal litigation brought by inmates, which could lead to federal audits that may uncover other issues.
- Immediate loss of any pending governmental contracts related to the housing of state or federal inmates.
- Removal of inmates from the facility.
- No longer being allowed to serve as a host training site for TCI..
Increased exposure to liability by not following mandated standards can create the appearance of indifference, Walters said.
Unannounced inspections take place each calendar year. Typically, more than half of correctional facilities do not pass their initial inspections, Walters said.
TCI Executive Director Beth Ashe notified Sheriff Arnold by mail on Sept. 14 telling him the results of the jail's inspection and the Nov. 8 follow-up. Arnold lost his pretrial release before the re-inspection could take place and was remanded to the Grayson County, Ky. jail.
The initial inspection found that security at the jail was deficient. Inventory logs for toxic or flammable materials were not being kept. Additionally, the female housing complex had two officers on duty to supervise and manage up to 200 inmates.
"Often one of these officers must go to the booking room to assist with new female arrestees, leaving one officer on duty in annex control room," the inspection report showed.
Mayor Burgess said all other deficiencies have been corrected.
Contact Scott Broden at 615-278-5158. Follow him on Twitter @ScottBroden.