Benton jail officers ordered to remove their badges. What that could mean

Benton County corrections officers spent time Wednesday altering their uniforms to reflect their new status as employees of the county, not the sheriff.

On Tuesday, Benton County Commissioners Jerome Delvin and Jim Beaver voted to immediately remove the county jail from the control of Sheriff Jerry Hatcher, alleging he was mismanaging the facility.

Later that day, Hatcher ordered the jail workers to remove items from their uniforms that identified them as sheriff’s office employees. The change of leadership took place at a minute after midnight.

By mid-morning Wednesday, a stack of badges and commission cards had accumulated on a desk in the jail.

It’s not clear if the corrections officers are still commissioned to carry out traditional law enforcement duties. About 100 employees work in the 740-bed facility.

Loretta Smith-Kelty, interim county administrator, said she had heard of no problems in the first hours after the takeover took effect.

The jail is now under the command of Scott Souza, who took over from former commander Tom Croskrey.

Croskrey’s continuing status was one of many unanswered questions about the jail’s future Wednesday.

The county retained the corrections officers who previously worked for the sheriff but dismissed Croskrey.

County administrators contacted Teamsters Local 839, which represents 80 corrections officers and 25 clerical staff, about revising the collective bargaining agreement to reflect the change, a union representative confirmed.

The continuing presence of experienced, trained corrections officers is an assuring sign inmates’ rights will be protected during the change in management, according to the American Civil Rights Union’s Northwest office.

The jail housed about 600 inmates on Tuesday.

Inmates depend on jail staff to manage the jail in a safe fashion and to provide access to meals, medication and other necessities. They are further protected by a Washington law that requires cities and counties that operate adult jails to establish standards for their operation.

Regardless of who is in charge, the Benton County jail is governed by the county’s own rules of operation, said officials.

‘Distracted’ sheriff

The Benton County Commission moved to take the jail away from its “distracted” sheriff jail on Oct. 8, shortly after Hatcher was accused of choking his wife during an argument over an affair.

Monica Hatcher described the incident in documents related to their divorce, after first contacting Delvin, a former police officer.

Her report led to an investigation by the Washington State Patrol. The Spokane County Prosecutor’s Office filed, then withdrew, criminal charges against Jerry Hatcher.

Delvin accuses Hatcher of mismanaging the jail, saying he raided the jail’s budget to support the patrol division, failed to provide round-the-clock mental health services, doesn’t adhere to jail contracts and understaffed the jail, leading to low morale.

The county budgeted $36.6 million for the jail in the 2019-2020 budget, 28 percent of all the county’s expenditures.

Hatcher denies harming his wife and disputes Delvin’s version of events. Hatcher defended the jail and said the commission should have taken more time to prepare for the transition.

The Washington Association of Sheriffs and Police Chiefs had no comment on the decision to separate the jail from the sheriff’s office. Benton County is one of seven counties in Washington with an “independent” jail.

The Washington Department of Corrections has no jurisdiction over county jails, just state prisons.

The state health department said its role is limited to advising jail managers on topics such as infectious disease control.

And the Washington Attorney General’s office also had nothing to say about the changeover.

Justice center, jail security

Under Hatcher, jail deputies were commissioned to serve warrants, make arrests and carry out other law enforcement functions.

Hatcher previously said that without being commissioned by him, corrections officers could not act as law enforcement officers.

He said cities would have to send their own police officers to serve warrants on inmates in the jail.

Corrections staff would also no longer be able to intervene in conflicts at the Benton County Justice Center, which is next to the jail near Columbia Center Boulevard.

Hatcher said justice center staff would have to call 911 if they needed law enforcement officers to handle a problem.

Impact on cities?

Since the jail is in the city of Kennewick, it could fall to Kennewick police to respond to justice center calls.

The county hadn’t contacted Kennewick city leaders about the takeover or the potential impact on its police department, said Evelyn Lusignan, spokeswoman for the city.

Lusignan said the city has reached out to learn more..

Kennewick, Richland, West Richland and Prosser all house prisoners at the county jail, paying a daily rate to cover the cost.

It’s also unclear if corrections officers are shielded from liability for doing their jobs if they aren’t commissioned officers.

“If they don’t feel they have the immunity, how apt are they to put themselves between two inmates who are fighting?” wondered a local criminal defense attorney.

If an incarcerated client were to lose access to required services, the attorney said he would raise “holy hell.”

This story was originally published October 24, 2019 at 5:00 AM.