Inaction allows for release of inmates
BIA refuses to continue contract with county to house prisoners

By Kathy Helms
Diné Bureau

WINDOW ROCK — The Navajo Nation has had a year to take care of the Tuba City jail situation and has failed to do so, according to the Bureau of Indian Affairs. As a result, BIA refused to continue its contract with McKinley County to house Tuba City inmates.

The Navajo Nation Division of Public Safety received a letter Sept. 29, informing Samson Cowboy, executive director, of the non-renewal of the subcontract. As a result, Public Safety removed 26 inmates from McKinley County Adult Detention facility on that date.

According to Delores Greyeyes, director of the Navajo Nation Department of Corrections, who presented a written and oral update report to the Judiciary and Public Safety committees this week, Tuba City District had six inmates at the McKinley County facility.

"The district prosecutor and judge are concerned in the release of two inmates who are currently serving time at McKinley for severe battery, endangering, contributing, assault charges and escape," Greyeyes said.

Chinle District had 20 inmates serving time at McKinley County. Ten were released and scheduled to appear before the Chinle District Court on Oct. 2.

"Only two individuals returned to court," Greyeyes said.

Valerie Lavender, acting associate director of Corrections for the BIA, stated in her letter to Cowboy that while she understood about the pending closure of Tuba City jail, "we remain involved in a situation which does not meet the needs of the Navajo Nation or remove the inherit liability to the United States government or Bureau of Indian Affairs."

"I find it critical that the Navajo Nation reconsider the options available to the Department of Corrections immediately. It is the position of the Bureau of Indian Affairs that effective midnight Sept. 30 (or sooner if funds are expended), the BIA will no longer contract with County of McKinley for Tuba City adults on behalf of the Navajo Nation, due to lack of planning to provide safe and secure beds for inmates at the Tuba City Adult Detention Facility," Lavender said.

The BIA continues to emphasize "reasonable, effective and viable options" currently available to the Nation through the Western Navajo Juvenile Detention Center, "which is severely underutilized as we are both aware," she said.

"Data indicates that the daily incarceration rate is less than two youth per day, while the facility has a capacity for 36 inmates. When taking the limited use and high staff ratio into account, the facility operation is extremely inefficient," Lavender said.

Western Juvenile has a variety of programs and services available for the youth, but there also are programs and services available at the Chinle facility, "which is also being underutilized," according to Lavender.

"I further understand the Navajo Nation President's position on the use of the Western Navajo Juvenile Center, nevertheless, the Navajo Nation has the means to resolve a serious life safety and security matter at the Tuba City Adult Detention Center," she said.

According to Greyeyes' report, Tuba City Detention will be relocating from its current site to a quarter-mile southeast of the Tuba City Court building. The residents who previously occupied that location have vacated the premises.

"The Department of Facility Maintenance is preparing the ground for four jail modulars," Greyeyes said, adding that Tuba City Chapter has been reporting that it is buying a modular for the department to use as an office building, but the date of delivery has kept changing since June.

"I understand this modular will arrive mid-November. This modular will also be located at this same site. An estimated budget amount of $199,861.73 was submitted by the Tuba City Detention Supervisor to complete the move of the jail modulars for set-up at the new location," she said.

During a Sept. 20 meeting in Tuba City between officials from the Department of Corrections, judicial, prosecution, and law enforcement, the judge expressed concern over expiration of the BIA contract with McKinley County.

The issue of why the Western Navajo Juvenile Services facility was not being used also was raised.

"Out of this meeting there were a number of recommendations made," according to Greyeyes, including requesting local chapters pay for contracted jail bed spaces, creating a tent city, introducing legislation to convert the Western Navajo Juvenile Services facility to an adult facility, and filing legal documents with the courts for emergency housing of inmates.