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H0416........................................................by MR. SPEAKER
Requested by: Idaho Association of Counties
STATE PRISONERS - COUNTY JAILS - Amends existing law to increase the per
day cost for holding sentenced state prisoners in county jails and to
provide for review by the legislature every three years of the costs of
housing inmates in county jails.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Jud
H0416|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 416 BY MR. SPEAKER Requested by: Idaho Association of Counties 1 AN ACT 2 RELATING TO THE HOUSING OF STATE PRISONERS; AMENDING SECTION 20-237A, IDAHO 3 CODE, TO INCREASE THE PER DAY COST FOR HOLDING SENTENCED STATE PRISONERS 4 AND TO PROVIDE FOR REVIEW BY THE LEGISLATURE EVERY THREE YEARS OF THE 5 COSTS OF HOUSING INMATES IN COUNTY JAILS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 20-237A, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 20-237A. FUNDING PER DIEM COSTS OF STATE PRISONERS HOUSED IN COUNTY 10 JAILS, RELATED ADDITIONAL EXPENSES AND MANNER OF PAYMENT. (a) The board of 11 correction shall pay each county for housing prisoners convicted, sentenced 12 and committed to the custody of the state board of correction, beginning on 13 the day after receipt by the director of notice that a person is in custody, 14 as provided in section 20-237, Idaho Code. 15 (b) The state board of correction shall pay counties housing state sen- 16 tenced prisoners a minimum rate ofthirtyforty 17 -five dollars ($34 5.00) per day, 18 per inmate. Nothing stated herein will prohibit the state board of correction 19 from entering into a contract with a county pursuant to section 20-241, Idaho 20 Code. 21 (c) In addition to payment of per diem costs as above provided, the state 22 board of correction shall pay for all ordinary and necessary medical and den- 23 tal expenses of state prisoners housed in county jails. 24 (d) As between themselves, the state board of correction and each of the 25 counties will be responsible for their pro rata share of any property damages 26 or personal injuries arising from the housing of state sentenced prisoners, 27 which is attributable to their respective negligence or otherwise wrongful 28 conduct. This provision shall not alter or affect any immunities or exceptions 29 to governmental liability the state or counties may possess as to private per- 30 sons pursuant to the Idaho tort claims act, sections 6-901, et seq., Idaho 31 Code. 32 (e) The legislature shall appropriate sufficient funds annually to the 33 department of correction to make all payments to counties as required in this 34 section. 35 (f) The county sheriffs shall bill the department of correction at least 36 every sixty (60) days. The department of correction shall pay such bills 37 within sixty (60) days of their receipt. 38 (g) The germane committees of the legislature shall review the 39 costs of housing inmates in county jails every three (3) years beginning in 40 2001.
STATEMENT OF PURPOSE
RS 07324C1
The purpose of this bill is to increase the minimum charge allowed for housing sentenced
state prisoners from $35.00 per day to $45.00 per day. It would also require that the germane
committees of the legislature review the costs of housing inmates in county jails every three (3) years.
The current rate of $35.00 per day is inadequate to pay the actual costs of housing state
prisoners.
FISCAL IMPACT
There would be an increase to the state general fund of approximately $750,000 for
holding state prisoners in county jails.
CONTACT: Idaho Association of Counties Phone: 345-9126
Dan Chadwick, Tony Poinelli, Lorna Jorgensen
STATEMENT OF PURPOSE/FISCAL NOTE
H 416