Newton County, Arkansas is facing a dilemma.

The county can either build a new jail or go without one.

A state review committee says the current jail is so small and dangerous that it should be closed by the end of March.

The county asked taxpayers to support two new taxes in November to build a new jail to fill the void.

Voters approved the tax to build a new jail but did not approve the tax to staff and maintain it.

Sheriff Keith Slape says that means the county could be without a jail unless a special election is called and a new tax is passed.

The current Newton County Jail was built during the early 1900s.

"Because it is a historical landmark, we can't change the structure," Slape says.

Since the jail itself can't change with current jail standards, the state wants it closed for good.

A Department of Finance and Administration Criminal Detention Facilities Review Committee says the jail is understaffed, chronically overcrowded, lacks state required cell sizes, exercise space and inmate separation.

One person is both the county's lone dispatcher and jailer.

"It’s hard because if she has to deal with a fight upstairs between inmates, she will have a hard time answering a medical call or law enforcement call," Slape says.

Voters agreed the county jail was in dire straights but didn’t fully support both taxes to operate a new jail.

"We don't know if they didn't understand what they were voting for," County Clerk Donnie Davis says.

“I’ve heard people were confused and thought it was one or the other but really they needed to vote for both,” Slape says.

Davis says without jail staff the new jail could sit empty.

"You have to build it because if you didn't someone who supported the tax could file a lawsuit." Davis said. “You have to use the tax for what it was proposed for.”

Davis says a group of county officials, the Newton County Quorum Court, could put a similar tax on a special election ballot.

"The county has two big steps the Quorum Court must put it on the ballot and voters must approve it," Davis says.

Even without a sales tax voters could still pay.

"The county will have to pay Boone County or somewhere else $35 dollars a day to house the inmates.” Davis said. “That eats up a budget quick."

Sheriff Slape says it could cost the county more if it doesn't have a jail.

"You've got to have a jail.” Slape says. “If you don’t have any fears of going to jail why not go out and steal what you need to."

If the county holds a special election, it can't ask for the same amount or use the same ballot language.

Davis says the tax to build the new jail will last until it is built and paid for.

He says essentially that means the approved tax could last forever.

The Quorum Court met Monday night but did not take any action on the issue of a special election.