Most jails in the United States operate under the statutory authority of elected sheriffs, who may be hesitant to house federal inmates due to the complex and unnecessary language contained in federal contractual agreements, rather than an unwillingness to cooperate with federal law enforcement.

Current federal housing contracts require jail administrations to adopt subjective standards based on “best practices” and agendas, instead of relying on legally established requirements set forth by the Constitution, federal acts, Supreme Court and applicable circuit court rulings, state statutes, and other relevant parameters.

Regardless of political orientation, sheriffs and jail administrators across the United States support operating constitutionally compliant facilities by adhering to the legal requirements applicable to their individual agencies. The National Institute for Jail Operations (NIJO) holds the position that any contractual agreement with federal agencies should be written with complete deference to the agency’s existing policies and procedures, without external expectations beyond what is legally required.

To improve partnerships between federal agencies and local law enforcement, the National Institute for Jail Operations (NIJO) partnered with the Western States Sheriff’s Association (WSSA) to write an initiative requesting federal agencies to eliminate the practice of contractually obligating sheriffs to comply with federal detention standards based on the ideologies of interest groups, rather than congressional oversight, case law, and state statutes uniquely and specifically mandated to each facility.