June 24--CULLMAN -- A 1939 law that allows Alabama sheriffs to keep a portion of the money handed to them for feeding prisoners doesn't settle well with Cullman County Sheriff Mike Rainey.
In office for 18 months, Rainey has pondered the situation all this time and last week opened up the account used for depositing money into the food fund. From March 19, 2011, until May 15, 2012, the sheriff received $295,294.25 from federal, state and local sources to feed prisoners at the county's detention center, including those in the juvenile detention program. He carried an ending balance of $16,662.08 by May 15.
"We average 300 prisoners in the county detention center, and that's not counting juveniles," Rainey said. "I took out a loan of $35,000 when I started to feed the prisoners and paid that off from the money that comes in for the food."
Rainey said he took out the loan because the state law allows the reigning sheriff to keep any excess funds in the account. As a result, when he took office Jan 17, 2011, he had to start from scratch to feed prisoners.
In addition to feeding prisoners, Rainey has given $10,100 to local charities out of the excess in the fund. Charities that received money included Cullman County Rescue Squad, Cullman Caring for Kids, Special Olympics, Mental Health Care of Cullman, Horses Offering People Encouragement, Law Enforcement Torch Run, and the American Cancer Society.
Rainey's problem with the current system of financing food for inmates dates back at least to the time he was running for sheriff. He challenged the practice of sheriffs being allowed to keep money from the government funding sources and pledged that he would not make the money part of his personal income.
The sheriff knows that his position may not be popular among some sheriffs in the state, but he emphasized that he believes the practice, even with the state law, is wrong.
A highly publicized case in Morgan County saw former Sheriff Greg Bartlett held in violation of the very law that enabled him to keep more than $200,000 over a three-year period. Accusations by inmates, which ended up in a federal court, claimed that food was also in short supply and often was not fresh. Many reported losing significant weight because of the lack of food.
Sheriffs are instructed by state law to provide sufficient, healthy and fresh food for inmates. But how the sheriffs arrive at that mandates can vary. Some detention centers provide two meals per day, but Rainey decided before taking office that he would offer three meals per day.
Shortly after taking office, Rainey issued a memorandum instructing Sgt. Dennis Shedd, who heads the food program for the sheriff's office, to provide "food of the proper quality and quantity to the inmates ... At no point should spoiled, discolored, or otherwise imperfect food be served." He also ordered that all food should be inspected and that any vendor who provides poor quality food should be reported to him.
"We also have a nutritionist come in, which is something that was in place before I took office," Rainey said. "That person plans the menus and we have inmates with trusty status cooking. We also have cameras in the preparation areas to ensure that the proper amounts and right types of food are being provided to the inmates."
The Alabama Sheriff's Association defended Morgan County's former sheriff when his practices came to light. A spokesman for the organization said the sheriff was following the law and that inmates were not in jail for good behavior.
Rainey doesn't argue the point of why the local detention center averages a residency of 300 people.
"Incarceration is punishment. I know some people think you shouldn't worry about what an inmate eats, but I think it's a moral issue. The law also says they should have an ample supply of nutritious food and that's what we're doing. Sgt. Shedd is doing a good job in making sure that happens," Rainey said. "They're not getting filet mignon, but they're certainly not being served green bologna, nor will they be served something like that."
At this time, 55 of the state's 67 sheriffs are using the system set up by state law. A few have negotiated with their county commissions to handle the money in an effort to move away from keeping personal accounts to fund food distribution at their jails.
County commission chairman James Graves, in a recent interview, said he was comfortable with the current system. He remember, in the years that he was a county employee, that the bidding process for food and the paperwork were difficult when in the hands of someone other than the sheriff's office.
"I think it should remain this way. I don't have a problem with the way it is working," Graves said.
Rainey said he wants to talk to commissioners about finding another system for accounting for the money, noting that excess funds could be used for other needs concerning inmates, such as health issues.
County commission chairman-elect Kenneth Walker said he was not certain of the system and would research before taking office.
However, state Sen. Paul Bussman, R-Cullman, said he is willing to meet with Rainey and hear his concerns and suggestions.
"I trust Sheriff Rainey completely," Bussman said. "If he is uncomfortable with the system and sees problems, I'm going to listen to what he says. If there is money left over in the account it could be used for other matters related to the jail, such as the inmate's health needs."
Bussman said he is aware of the situation that unfolded in Morgan County and said the system needs to be reviewed.
"I respect Sheriff Rainey for bringing it forward, because it's the right things to do," Bussman said.
Rainey said he finds it difficult to understand how anyone could gain large profits from the fund, if they are following the law and providing inmates with proper nourishment.
The state provides $1.75 per day for inmates, which is the same amount afforded for county inmates. Housing federal inmates is funded at $3 per day. Inmates that come from the City of Cullman are funded at $2 per day, while money for juveniles is $2.50 per day.
"My records are open to anyone who wants to see them. I'm not going to keep any secrets from the people," Rainey said. "Because of the way this is set up, any money left in the account becomes a tax issue for the sheriff because it's viewed as income. That's not right. I'm a public servant and these records, which involved taxpayers' money should be open. Law enforcement shouldn't be about the money. I'm here to serve the people and do the kind of job they expect of a sheriff."
--David Palmer may be contacted at 256-734-2131, ext. 213 or [email protected] Ashley Graves of The Times contributed to this report.
Copyright 2012 - The Cullman Times, Ala.
