Clay County Commission

Dan Haglund

After swearing in two incumbents and one new commissioner on Tuesday morning, the Clay County Board of Commissioners got right to business by unanimously approving the housing of Cass County inmates in Moorhead jail facilities.
As Cass County across the Red River has been experiencing an overflow of inmates in the last few years, and an additional 192-bed jail wing won’t be ready until May or June, a need for cells prompted Cass County Sheriff Jesse Jahner to reach out to Clay County Sheriff Mark Empting and the Clay County Correctional Facility.
The commissioners approved a memo of understanding (MOU) to board up to 10 Cass County inmates on a temporary basis. If the arrangement goes well, Empting alluded to the commission that even more inmates could eventually be accommodated.
But this idea would first have to be approved by the Cass County Commission.
The MOU will run through the end of 2026, unless one of the counties ends it sooner.
Within the agreement, Cass County will pay Clay County $75 per day per inmate, plus their costs for medical, dental and incendiary needs, which Empting said is fairly close to current costs for such services.
Cass County Sheriff Jesse Jahner told the commission that the overflow in Cass has necessitated moving between 15 and 25 inmates to other facilities in North Dakota, and some have been sent home with ankle monitors.
Others who are deemed to not be a safety or flight risk are released on their own recognizance, Jahner said.
“We over the last three years it’s been a game of checkers for our staff, moving people around,” Jahner said. “It’s a struggle every day, it’s been hard on local law enforcement, really kind of a morale killer. They make arrests sometimes and they can’t bring people in to jail to help keep our community safe.”
Jahner said he brought up the same issue in 2021 with his local government, and additional space for inmates was approved and budgeted, but that Cass County facility won’t be ready until late spring.
“We’re just trying to find space wherever we can,” Jahner.
Jahner also told the board that transporting inmates from other counties within North Dakota can deplete resources and manpower because of the distances involved. Whereas McKenzie County is several hours one way, Moorhead is just across the river.
Commissioner Kevin Campbell, Dist. 4, said Clay County can relate to what Jahner is going through right now.
“At one point in time we had the same issue,” Campbell said. “We did not have the space and we were going to send people out of Clay County at an extreme high expense, and thanks to our voters and their approval of our new facility … this just makes all the sense in the world.”
Campbell said if the sheriff (Empting) has the space, this is a good move.
Clay County has room for 150 people within the jail, but was only about two-thirds full this week.
The two incumbents sworn in for new four-year terms included Board Chair David Ebinger, Dist. 5, and Paul Krabbenhoft, Dist. 1, as well as newcomer and Hawley pig farmer Ezra Baer, Dist. 2. Ebinger defeated challenger and former Moorhead City Councilman Joel Paulsen in the Nov. 5 election.
Commissioners Jenny Mongeau, Dist. 3, and Campbell remain on the board.
The Moorhead Extra was also unanimously named as the board’s official newspaper for 2025. An official newspaper is chosen by the board on an annual basis.