By Harlan Kirgan
Editor
St. Landry Parish President Jessie Bellard is asking for a judge to make a decision about who pays inmate costs.
On Tuesday, Bellard filed a petition for “a declaratory judgment and a judgment seeking money for “unjust enrichment based on Sheriff Bobby Guidroz’s enrichment of his office at the expense of St. Landry Parish Government through the misuse of Louisiana statutes related to mandated expenses for inmate costs.”
Costs associated with parish and state inmates has long been a topic of discussion at St. Landry Parish Council meetings.
Sheriff Bobby Guidroz said the lawsuit is the result of parish government being in a financial crisis.
“I think it’s silly and immature. The only reason why he’s complaining now is because he’s out of money,” Guidroz said in a phone call Wednesday morning.
“He spent $16 million in the last, I think it’s two or three years. That was a gift from the federal government,” Guidroz said.
Guidroz said his office has a $12 million surplus through savings for a hard time.
Bellard’s lawsuit cites a $3.50 per inmate daily cost to feed prisoners, but Guidroz said that amount is set by the state.
“That’s the legislature that set that fee. So he’s complaining that I don’t give him $3.50. He needs to review the law. I don’t set that price. The legislature set that. The $26.38 that I get per state inmate, set by the legislature,” Guidroz said.
“I did make an offer to Jessie. You heard me the other night in the parish government meeting, say that I was there to assist them. I made it plain and clear that I was trying to meet with Jessie. We were meeting. And all I needed from Jesse, all I needed from parish government was an accurate number. Give me the documentation that shows what you’re paying to feed state inmates, because I have to be accountable to not only the legislative auditor, but my local auditors that do my paperwork,” he said.
In October, the Council authorized Bellard to take legal action against the sheriff on jail expenses. The Council’s agenda called for executive session on the jail expenses but the discussion was held in an open meeting on Oct. 16.
Voting to approve legal action were Council members Jimmie Edwards, Ernest Blanchard, Jody White, Nancy Carriere, Faltery Jolivette, Mildred Thierry, Ken Marks, Vivian Olivier, Dexter Brown and Timmy Lejeune.
Council member Harold Taylor abstained.
The sheriff was asked in an email to make a comment or statement on the filing of the petition, but has not responded.
The sheriff spoke at the Nov. 20 Council meeting and said he and Bellard were settling the issues.
“I want you to know that I’m committed fully to staffing the new trustee dorm, and I appreciate that effort that you all made. I think you all put in really a nice, nice facility. I’m looking forward to moving in, hopefully in January, Guidroz said.
“Yes, he’s admitted in open meetings that he’s a million and a half. in debt to the parish council members and wants to float a $3 million bond, you know. And when you’re paying detectives that work in the animal pound $65,000 a year, then you’re going to go broke,” Guidroz said.
Parish Government built a $1.2 million dormitory in Opelousas to house up to 68 jail trusties, but the completed facility has yet to be occupied.
Guidroz plans to hire eight additional correction officers to staff the facility.
The petition filed Tuesday reads, “Sheriff Guidroz is transferring Parish Inmates to jails in other parishes, at great expense to SLPG (St. Landry Parish Government) and without valid justification, so that Sheriff Guidroz can keep additional DOC(Department of Corrections) Inmates in the Parish Jail, and profit from the per diem paid by DOC to the Sheriff for each inmate,”
The petition continues, “SLPG, like many parish governments, fights an uphill battle to ensure its budget and expenditures do not exceed its revenues-a task which has become increasingly difficult, and requires continuous financial maneuvers to avoid falling into a deficit.
“Sheriff Guidroz, on the other hand, has a surplus of over $10,000,000 and growing, due in part to the revenue scheme at issue in this lawsuit...”
Parish Government spends $17.50 per inmate per day, the lawsuit states.
Parish Government is not responsible for DOC inmate costs, the petition states.
“...DOC pays a per diem of $26.39 for each DOC Inmate in the Parish Jail to Sheriff Guidroz, who is responsible for operating the parish jail and ensuring the prisoners are properly fed, clothed, and cared for.
“Currently, 59 of the 294 Inmates in the Parish Jail are DOC lnmates. Extrapolated over a year, this equals approximately $568,308 per year being paid by DOC to Sheriff Guidroz.
“Because SLPG handles most inmate costs in the Parish Jail, but is not responsible for DOC Inmates, Sheriff Guidroz pays SLPG a per diem of $3.50 for each DOC Inmate in the Parish Jail. This amount is $14 less than the actual daily cost to SLPG for each DOC Inmate.
“The St. Landry Parish Sheriff audit for the year ending on June 30, 2023, published on the Legislative Auditor’s website, shows that Sheriff Guidroz was paid $846,225 for feeding, keeping, and transporting prisoners.” The audit does not detail which amounts were paid for each of the feeding, the keeping, and the transporting of inmates.
“However, the audit states Sheriff Guidroz spent $62,920 on “prisoner feeding and maintenance”’ This is the total paid by Sheriff Guidroz to SLPG over that year for DOC Inmates.
“Sheriff Guidroz’s profit from DOC Inmates is fiscally unnecessary considering his audit shows revenue of $19,490,450 for the year ending in June 2023, including $3.2 mill in ad valorem taxes and $ 11.46 mill(ion) in sales taxes, with his cash on hand and net position increasing by over $1,000,000 during the year, In fact, Sheriff Guidroz’s over $10 million cash on hand made over $55,000 in interest over the year, which is nearly enough by itself to cover the DOC Inmate per diem amounts paid to SLPG.”
The lawsuit stated the sherif is profiting off the DOC inmates and increasing jail costs for parish government.
“SLPG is responsible for Parish Inmate costs when held in other jails. And, unlike the $17.50 cost for each Parish Inmates when held in the Parish Jail (which includes the fixed costs of the jail), SLPG is paying a per diem of $26.39 per Parish Inmate to the sheriffs of the other jails. SLPG is also required to pay for the transportation to and from the other parish jails, including the initial transportation of the inmates, as well as any returns for hearings, and then back thereafter,”the petition states.
The petition adds, “SLPG is paying $26.39 per day for each of the 55 Parish Inmatcs currently being held in other jails, while also covering at least $14 per day for each of the 59 DOC Inmates in the parish Jail, for whom SLPG is not statutorily responsible.”
The petition quotes the sheriff at the Nov. 20 Parish Council meeting stating, ““I understand you’re spending a lot of money every month to house inmates in other parishes, I hope you don’t mind me saying, but $100,000 a month is a lot of money for parish government to be spending to house parish inmates in other jails.”
The sheriff also said he keeps state inmates at the Parish Jail so their families can visit them and to staff work crews.
And, he said he would send state inmates from other parishes to facilities outside the parish, but only 12 of the 59 stated inmates are to be transferred.
“This means Sheriff Guidroz intends to keep the 47 local DOC Inmates in the Parish Jail, despite it requiring Parish Inmates be sent elsewhere (no mention of their families), and the costs to SLPG. In fact, Sheriff Guidroz said that the Parish President is “faced with the constitutionally mandated expenses, and he’s got to find it somewhere,” the petition states.
The petition includes asking the court:
— To require the sheriff to transfer all state inmates to state facilities and return as many parish inmates as possible to the Parish Jail.
— To require the sheriff provide valid reasons for keeping each state inmate in the Parish Jail and valid reasons for sending parish inmates out of the parish.
— To declare parish government is not responsible for the day-to-day costs associated with DOC inmates, and that parish government can only administer medical care and feed the DOC inmates if parish government receives funding for these services from the DOC per diems.
— To render a money judgment in favor of parish government and against Sheriff Guidroz, for the amounts that Sheriff Guidroz has been “unjustly enriched at the expense, detriment, and loss” of parish government.