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Arizona sheriff's plan for jail meals breaks no law
By The Arizona Republic
Published: 02/19/2001

Sheriff Joe Arpaio says he'll save $320,000 if he combines Maricopa County jail inmates' breakfast and lunch into a bologna brunch.
The idea, floated recently as a way to help trim about $5 million from his $130 million annual budget, pushed civil rights' and inmate advocates' buttons. And, of course, prisoners weren't happy.
'There's been some threats,' Arpaio said. 'I'm ready. I have a great SWAT team.'
The suggestion may have been outrageous, but it is apparently not illegal.
Thirty states strictly regulate their jails, with standards for such things as food, health care, education programs and living conditions, American Jail Association consultant Ken Kerle of Washington, D.C., said.
Arizona is not among them.
In southwest New York, Sheriff Joe Gerace of Chautauqua County has copied Arpaio's striped uniforms and pink underwear in his 250-person jail. But he can't mess with meals.
'We have the New York State Commission of Corrections,' Gerace said. 'We have to serve three meals a day, all approved by a nutritionist.'
New York state law even sets the hours for meals: between 5 and 9 a.m. for breakfast, 11 a.m. and 2 p.m. for lunch and 4 and 7 p.m. for dinner.
'In Texas, there are Jail Commission rules on the number of hours between meals,' Dallas County Jail Capt. Ray Dabenko said. 'If we went to two meals, we'd end up giving them a snack anyway.'
Arizona's lack of regulation leaves the state and Maricopa County 'out there hanging by their thumbs if they get sued,' Kerle said.
But successful lawsuits are rare, said Donna Hamm, head of Middle Ground inmate-rights organization in Tempe, because inmates and groups like hers can't afford lawyers. An Arizona law deducts the $16,000 annual cost of state prison care from any judgment won by inmates.
'You are supposed to serve three meals a day and two of them are supposed to be hot,' Hamm said, citing American Jail Association and American Correctional Association guidelines. The guidelines are not part of state law.
'Clearly, he's violating that but Sheriff Arpaio knows he can wait to be sued. He has plenty of lawyers and money.'
Hamm said she has told inmates to log the timing, portions and condition of their meals.
'Get back to us in 30 days,' she told them. 'Let us know if people are passing out.'
Arpaio said cold brunch will be available for four hours, from 8 a.m. until noon and hot dinner portions will be increased so inmates will have the 2,900 daily calories adopted in a lawsuit over jail conditions that has been pending for more than 20 years.
Maricopa County jails are monitored by the federal court in the Hart vs. Hill lawsuit.
Medical treatment and inmate abuse have been reviewed by the U.S. Justice Department.
Amnesty International and the American Civil Liberties Union have investigated.
With all that, 'What do you need with state standards?' Arpaio asked. 'I'm elected by the people. I do what the people want me to, not bureaucrats.'



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