CLARION, Pa. (EYT) — There is no doubt about it now. Clarion County is no longer an unofficial “sanctuary city” after the Clarion County Prison Board Thursday morning eliminated section 4-b of its prison policy manual.
If ICE (U.S. Immigration and Customs Enforcement) now requests a prisoner to be held with a detainer, Clarion County will honor the request. The previous policy stated Clarion County would not hold immigration detainees based only on the ICE detainers. Inmates must have a legal and authorized paperwork from a judge committing and charging them.
Voting for the motion were Clarion County Commissioners Wayne Brosius and Ed Heasley, Clarion District Attorney Mark Aaron, Clarion County Sheriff Rex Munsee, and Clarion County Treasurer Tom McConnell.
The board also tabled a suggested amendment to the policy by Solicitor Wil White.
White suggested the following language for the last paragraph: “The Clarion County Prison shall enforce each law, request and order of the Federal Government related to immigration, so long as the law, mandate, request for order does not conflict with rights guaranteed under the Constitution of United States or the Constitution of Pennsylvania.”
The language will be reviewed and is similar to a bill passed in Harrisburg last week.
Commissioners also requested an opinion from Solicitor White regarding the authority of the county prison board as it could relate to privatization. Commissioners are researching any possible cost savings with partial privatization of the jail operations. No decision has been made, and only some research has been requested.
White wrote that based upon his research, the decision as to the operation of the county prison is entirely within the jurisdiction of the county’s prison board.
“Essentially, the statutes state that the government, management and control of the county jail in the safekeeping, care, maintenance, discipline and employment of individuals there in is vested in the prison board,” wrote White. “There is specific case law which provides that operation of the county prison/jail is a primary government function. This means that the county should oversee the operation and not delegated or transferred to another body or entity.”
Regarding privatization, White recommended proceeding only if the commissioners have the full support and votes to get passage or approval from the prison board.
“I’ve spoken with representatives from both Butler and Lawrence County on the subject processes (each had tried or considered some form of privatization in the past). Each tells me that you should abandon the idea. Butler actually was sued by the union representing its correction officers, and a federal judge issued an injunction preventing them from the privatization the administration of the jail (replaced the head people, but keep the guards), and it was even worse.”
“Lawrence County in 2013 ran into a similar problem, and it was ruled that the jail was an essential government function/part of the judicial system; which they could not divest themselves of responsibility. In light of my findings, I would respectfully recommend that you only proceed with these ideas if you’ve the full support and votes to get passage/approval of the prison board.”
The prison board includes all three Clarion County Commissioners (Wayne Brosius Board Chair, Ed Heasley, and Ted Tharan); Clarion County District Attorney Mark Aaron; Clarion County Sheriff Rex Munsee; and Clarion County Treasurer Tom McConnell.
