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The 72-hour arraignment hold would ensure offenders are quickly seen by a judge, with most only being released back into the public by posting bond or donning GPS monitors. This makes sure that offenders face immediate and certain consequences, rather than being released with just a notice to appear, which often results in missed appearances and additional crimes committed. (It's important to note that a 72-hour arraignment hold is a major improvement to a segment of the justice system, but it does not fully address the issue of overcrowding at the jail. Even with the 72-hour arraignment hold and other efficiencies, the jail will need additional beds, according to a subcommittee working on the issue.)
Council's discussion tonight will focus on how much to contribute to the updated facility proposal of $6 million, with the County asking to split the cost 50-50. The City already appropriated $500,000 in this year's budget, and had indicated in their November letter to the County that was an initial contribution.
The staff memo suggests that additional money that could go toward the 72-hour arraignment facility would likely come from marijuana tax funds and the general fund. Members of City Council have floated the idea of carrying forward the mills currently levied to fund the franchise fee settlement, amounting to $2.7 million annually. That could allow Council to discuss greater funding to match the County for the arraignment facility and have a more comprehensive discussion on funding the public safety needs that were discussed at their February 5th work session, including domestic violence investigators, CPTED, and increased staffing for BPD.
Also included in the staff memo are draft clauses/requests for Council to consider in their agreement with the County. One would provide a guarantee that Billings Police Department have access to 30 beds every 24 hours, with a condition that the Sheriff may refuse to retain offenders who cannot be safely housed. Another request stipulates the facility must be open and able to serve at least 30 beds by June 1, 2025 or the City will reduce its contribution by $50,000 every month until the facility is operational at a 30-bed capacity.
LET'S MAKE A DEAL
While there is more work and discussion needed to finalize the terms of an agreement, the Billings Chamber of Commerce strongly encourages the City to find the funding and continue working with the County towards a final agreement to complete the 72-hour arraignment hold facility ASAP. We understand that some members of City Council may be hesitant to increase funding for what is the sole responsibility and jurisdiction of the County. As a Billings resident, we would effectively be taxed twice to pay for the facility—once through City property taxes and a second time through County property taxes.
During our time campaigning for the 2021 Public Safety Mill Levy (PSML), we continually heard from residents about the need to fix issues at the jail. With a deal on a 72-hour arraignment hold between the City and County in sight, we ask that City Council see the deal through to the end, helping to address the City's #1 priority, and notching a public safety win for our community.
Reaching a deal on the 72-hour arraignment hold would also demonstrate to the community that our City and County leaders can work together to find solutions on public safety issues, a necessary reassurance to taxpayers ahead of an eventual jail expansion bond vote.
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