The Canyon County jail bond didn't pass and now the jail has to make sure it's livable for those who break the law.
The ACLU has already sued the jail for being overcrowded.
Jail administrators will meet with them later this month to make sure they're staying within guidelines such as clean vents and keeping the number of inmates down.
"And if we can't because we become overcrowded again, then it's something that tax payers will be paying for," says Canyon County Jail Administrator Craig Hanson.
Jail commanders say there are more than 7,000 unissued warrants because there are not enough beds for inmates.
Nampa Mayor Tom Dale says tax payers are going to have to pay either now or later for the upgrade.
"We're going to have to pay for the jail at some point because a federal judge could come in and say we will build it and bypass votes all together," says Dale.
Jail commanders say they're going to try and pass the bond in the next election.