With jail space difficult to find, Sheriff David Whitis may enter into an agreement to house some of Lampasas County’s excess inmates in Upton County.

The Lampasas County Commissioners Court on Monday voted 5-0 to authorize Whitis to sign a contract with officials in Upton County, which is south of Midland.

Whitis and Jail Administrator Cathy Groothoff will tour the 54-bed Upton County Jail -- which has 12 open units -- before deciding whether to sign a contract. As proposed, the agreement would allow either party to cancel the contract with 30 days’ notice.

The proposal would not require Lampasas County to use a specific number of beds per month at the West Texas facility, Whitis said.

Upton County will charge $38.50 per person per day, will transport inmates to and from the Lampasas County Jail, and will take them to and from court dates at no extra charge.

If officials from the two counties agree to a contract, Lampasas County will pay for other transportation, as well as for medical care.

The Lampasas County Jail held an average of 28.5 inmates a day from July through September, about three shy of the maximum capacity set by the state for the facility, Whitis said. During that span, Lampasas County had about 26 inmates a day in detention facilities in other counties.

The average population at the Lampasas County Jail was 29.2 in October, Whitis added. The sheriff’s office had an average of 29.1 inmates out of the county per day last month -- a figure more than twice as high as in October 2008.

Although Whitis severed a contract with a privately run jail in Burnet County, Lampasas County still sends inmates to Comanche County when the Lampasas County Jail does not have adequate space.

Comanche County charges a daily base rate of $35 per inmate, which does not include medical costs. Sheriff’s deputies drive to Comanche County about four or five times a week, Whitis said.

Because Comanche County does not have enough room for all of Lampasas County’s overflow inmates, Whitis has had to consider contracts with multiple detention centers, he said. A new criminal justice facility under construction in Bell County may not be completed for eight to 10 months, Whitis said, and the center may not have open beds to lease anyway, the sheriff added.

“We may have them scattered all over the state just to find room for them,” Whitis said of inmates.

Although an attempt about two years ago to build a new jail failed, County Auditor Jack said commissioners may need to revisit the issue.

If the local jail exceeds its 32- person capacity too often, the Texas Commission on Jail Standards could issue a remedial order, Whitis said. That action would require the sheriff’s office to empty all inmates from the jail and find other housing for them -- even if the only space available were in other states -- he said.

The Commissioners Court may need to build a jail or approve a tax rate increase to fund out-ofcounty inmate housing, Clark said. Lampasas County runs a deficit in its inmate housing budget, the auditor said, when the sheriff’s department sends 23 or more inmates per day to other facilities.

If jail population trends continue, Lampasas County will spend $378,000 this fiscal year on out-of-county inmate housing, Clark said. County officials budgeted $275,000 for that expense, the auditor said.

In other business, the Commissioners Court voted unanimously to approve a change order to Guyco Inc.’s contract for the addition to the Lampasas County Office Building. Because Guyco had to remove fill material and redesign beams for the two-story building, a footing change is required. The change will add $13,000 to the project, which had been estimated to cost $1.66 million.

As part of the change order, commissioners also granted a 75- day extension to the construction company’s project deadline.

Also Monday, the Commissioners Court approved a one-year agreement with CIRA, which maintains the county’s Web site and e-mail accounts. The county will pay $350 in 2010 for Web site work and 40 e-mail addresses. The county has been using 29 e-mail accounts.

In addition, commissioners:

• voted to increase the county’s retirement fund contribution level from 13.76 percent to 14 percent. Retired county employees will receive a cost-of-living adjustment equal to 100 percent of the Consumer Price Index.

• approved a policy for end-ofyear materials purchases. Carrying over non-expendable materials -- primarily road base -- into the next budget year will be allowed only if Commissioners Court approval is granted by the court’s first meeting in September.