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Portsmouth City Council considers resolution to close city jail, despite judge's order to maintain and repair it

A proposed resolution says vacating and closing the city jail is the only "fiscally responsible" choice. A deputy with the Portsmouth Sheriff's Office disagrees.

PORTSMOUTH, Va. — Just two months after a judge ruled against the Portsmouth City Jail's condemnation and ordered the city to maintain and repair it, Portsmouth City Council may vote on a resolution to close the jail.

Portsmouth leaders initially condemned the city jail in July 2019, part of the condemnation of the civic center complex in an effort to redevelop the area.

RELATED: Judge approves condemnation of Portsmouth Civic Center Complex, jail ruling still to come

With this new resolution, Portsmouth Sheriff's Office Undersheriff Col. Marvin Waters said the city is disrespecting the court system and trying to circumvent the judge's January ruling.

"It has no reason to it, to even try to come up with a resolution for a building that's already in litigation makes absolutely no sense," Waters said Monday.

The resolution says the city jail's condition has "significantly deteriorated" over time and the "fiscally responsible" decision is to "close the Crawford Jail as expeditiously as possible."

It cites an estimate from independent consultants that states maintaining the jail would exceed $31 million. Waters objects to this amount, saying the jail is in good condition, needing only minimal repairs that would cost in the hundreds of thousands - not millions. 

RELATED: Judge signs motion ordering city officials to repair Portsmouth City Jail

The Portsmouth City Jail dispute also rests on the city's use of the Hampton Roads Regional Jail. Portsmouth leaders want to use the regional jail as a primary jail for inmates, as the city is already paying for HRRJ slots Sheriff Michael Moore will not fill.

Moore refuses to send more inmates to the regional jail, citing health and safety concerns and the ongoing federal investigation.

"They want us to send people to a jail that's been found unconstitutional and is under the threat of de-certification," Waters said. "If you close the Portsmouth City Jail and de-certify the Hampton Roads regional jail, what recourse have you left yourself."

RELATED: Behind the Bars: Inside Hampton Roads Regional Jail

Portsmouth City Council talked about the jail's future at a workshop Monday and may vote on the resolution Tuesday night. Portsmouth City Attorney Solomon Ashby presented council members with three assessments that had been done on the jail. 

He said one company reported the immediate repairs for electrical, mechanical and HVAC would cost around $770,000. Long-term repairs were estimated at more than $18 million. 

Another company looked at the structural needs for the Civic Center and the jail. He said water infiltration is the Civic Center's primary problem, fixing that would cost more than $4 million. All other repairs would add another $36 million to the mix. 

They also had a third company evaluate asbestos issues. That company reported it would cost an additional $2.3 million.

"Construction and repair estimates which range from about $31 million to $47 million," Ashby said.

But Mayor John Rowe estimated fixing the jail would cost $42 million on the low end. He said it would cost around $58 million to fix the jail and other Civic Center buildings. 

When asked if what closing the jail would do to jobs, Mayor Rowe said the Hampton Roads Regional Jail would need additional staffing. 

"Which do you take care of first?" Mayor Rowe asked. "The judge has said, 'Take care of the prisoners first. If you are going to use it as a jail then make it safe.'"

Vice Mayor Lisa Burke asked the attorney if the judge or the sheriff's attorney had been notified of the information. He said no.

The next court hearing to determine the jail's future and the utilization of HRRJ is set for Friday, March 13. Burke wanted to table a vote on the resolution until after that hearing.

"These council members really need to take a look at exactly what they're doing because the shortsightedness is really going to put this city in a serious crisis when it comes down to public safety," Waters said.



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