The World Of Consent Decrees: Essential Steps For Sheriffs Facing And Navigating These Agreements

This article was written for and published in the National Sheriff's Association's Sheriff & Deputy.

Consent decrees can significantly impact jail operations. Sheriffs and the offices they serve need to be familiar with the life cycle of these decrees to understand the associated risks and protect their rights when faced with being bound by an agreement.

This article offers insights and acts as a guide through the essential aspects of consent decrees over jails—from inception to potential termination—and provides steps to effectively operate when faced with one.

How consent decrees work and the laws behind them

Consent decrees are negotiated agreements between parties that are approved and entered by courts. Once entered by a court, these agreements become enforceable court orders. Think of them as part contract and part court-enforceable order. In jails, these decrees are used to address alleged violations of federal rights, including the Eighth Amendment's