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Front PageAugust 2, 2007 


Monmouth County wins settlement worth $7.7M

FREEHOLD - Monmouth County received a $5.4 million financial settlement from the New Jersey Department of Corrections (DOC) on July 18. The financial settlement is based on the state's underpayment to the county for the housing of state inmates at the Monmouth County Correctional Institution (MCCI), Freehold Township, dating back to January 1988.

According to a press release from the county, terms of the settlement agreement also includes an increase in the per diem rate from $65 to $71.50 effective July 1, 2007 through June 30, 2012. The county anticipates collecting an additional $2 million, bringing the total recovery to more than $7.7 million.

This was the value placed on the suit by county financial forensic experts. The Monmouth County Board of Freeholders passed a resolution July 26 authorizing the settlement agreement and a new Facilities Assistance Contract.

"I am pleased to see that a check for $5.4 million has been added to the county coffers and to have had county counsel be so diligent and relentless in his pursuit of this litigation," Freeholder Director William C. Barham said. "As part of this settlement, the MCCI will continue to assist the state's correctional program and be reimbursed accordingly."

According to the press release, Monmouth County sent a Notice of Claim to the state in 1998 alleging substantial underpayment for the housing of inmates at MCCI. Monmouth County's suit followed legal action by Morris and Middlesex counties.

In 1998, after the DOC settled with Morris County, Monmouth County received an initial lump sum payment from the state of approximately $340,000. At that point, the county decided to go forward with its investigation and litigation.

"It is rewarding to have brought this action to a close and to have provided a considerable financial settlement to the county," said Malcolm V. Carton, county counsel, who pursued the litigation over the past eight years. "The county's legal team was able to uncover a significant disparity between the amount paid to and the amount owed to the county's correctional facility."

MCCI houses convicted felons and individuals awaiting trial. The DOC relies on county facilities such as the MCCI to house inmates while they await bed space in a state prison.

The MCCI is one of the largest facilities of its kind in New Jersey and among the top 10 largest county correctional institutions in the nation. MCCI has an occupancy rating of 1,328 inmates, including state and out-of-state inmates. As of the week of July 23, 150 state inmates were placed at the MCCI.