Commitment of prisoners. The County Sheriff shall accept any male or female prisoner eighteen (18) years of age or older (or a juvenile who has been adjudicated by the Circuit Court) held in custody of the Sheriff of the City, as available bed space permits. The City Sheriff and/or Police Chief shall be responsible for transporting prisoners to the Arlington County facility for initial commitment under the terms of this agreement. The City Sheriff shall provide the County Sheriff with the proper court documents, as determined by the Arlington County Sheriff or her designee, required for, and incident to, the commitment, release, court appearance, and any other legal process of all of the City’s respective prisoners. The County Sheriff, in her sole discretion, may choose not to accept any prisoner for commitment without sufficient legal documentation. The City Sheriff and/or Police Chief shall ensure that all personnel committing prisoners to the Arlington facility shall have and present proper credentials, as determined by the Arlington County Sheriff or her designee, identifying them as law enforcement officials of the City. The County Sheriff, in her sole discretion, may choose to not accept any prisoners from any City law enforcement officials without what she determines to be sufficient and proper credentials.
Commitment of prisoners. (a) After the Jail Facilities are Placed in Service and until final Payment of the Bonds, each Member Jurisdiction agrees, to the extent permitted by law: (1) to be obligated to commit promptly all of its Prisoners to the custody of the Authority and (2) to refuse to pay for the incarceration of any Prisoner committed to the custody of its Sheriff that is incarcerated in any facility other than the Jail Facilities or Tazewell Jail Facility of the Authority unless in the case of either: (i) commitment of any such Prisoner to a facility other than the Jail Facilities or Tazewell Jail Facility is ordered by a court of competent jurisdiction; (ii) a court of competent jurisdiction orders the Member Jurisdiction to make such a payment; or (iii) the Authority, in breach of this Agreement, refuses to accept any such Prisoner. The Member Jurisdiction shall have the right to seek reimbursement of its costs for the incarceration of any such Prisoner from the Authority, if the Authority unjustifiably refuses to accept any such Prisoner.
