Clemon, however, said the sheriff would be jailed until he comes up with a plan to provide the 300 jail inmates with nutritionally adequate meals, as required by a 2001 court order. Rhea said a plan may be drawn up Wednesday night and sent to the judge.
Clemon said the Alabama law allowing sheriffs to take home surplus meal money is "probably unconstitutional," but his ruling was limited to the finding that the court order was violated. It didn't address whether the law should be overturned.
"He makes money by failing to spend the allocated funds for food for inmates," Clemon said.
An attorney representing the inmates, Melanie Velez of the Southern Center for Human Rights in Atlanta, called Clemon's order to take the sheriff into custody "extraordinary." She said she was shocked to learn how much meal money Bartlett was taking home.
Sheriffs in 55 of Alabama's 67 counties operate under the system allowing them to make money operating their jail kitchens. The law pays sheriffs $1.75 a day for each prisoner they house and lets the elected officers pocket any profit they can generate.
The law doesn't require the money to be spent at the jail or within the department; sheriffs can keep it as personal income. They historically have provided little information about profits, so the hearing offered a rare look into a practice that dates back to the Depression.
The sheriff, who showed no emotion when his arrest was ordered, had testified that he legally pocketed about $212,000 over three years with surplus meal money but denied that inmates were improperly fed.
One after another, 10 prisoners told Clemon about receiving meals that are so small they are forced to buy additional snacks from a for-profit store jailers operated inside the lockup. Most of the inmates appeared thin, with baggy jail coveralls hanging off their frames.
Some prisoners testified they spent hundreds of dollars a month at the store, which Bartlett said generates profits used by the jail for training and equipment.
Inmates told of getting half an egg, a spoonful of oatmeal and one piece of toast most days for breakfast, served at 3 a.m. daily. Lunch is usually a handful of chips and two sandwiches with barely enough peanut butter to taste.
"It looks like it was sprayed on with an aerosol can," testified Demetrius Hines, who said he has lost at least 35 pounds in five months since his arrest on drug charges.
Most prisoners said they supplement the sparse meals by spending $20 a week or more on chips, oatmeal pies and other junk food at the jailhouse store. Some said they buy extra goodies for other prisoners to prevent fights over food. Prisoners said they never received milk until last week, when attorneys from a human rights center began asking about meals in the jail.
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