1999 Legislation
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HOUSE BILL NO. 52 – Inmates, cnty jails, costs

HOUSE BILL NO. 52

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Daily Data Tracking History



H0052........................................................by MR. SPEAKER
                Requested by Idaho Association of Counties
INMATES - COUNTY JAILS - Amends existing law to increase the minimum per
day cost of housing prisoners in county jails; and to provide for
legislative review of the costs every three years starting in 2002.

01/11    House intro - 1st rdg - to printing
01/11    Rpt prt - to Jud

Bill Text


H0052

                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 52

                                      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 LEGISLATIVE REVIEW REGARDING THE COSTS OF HOUSING STATE
 5        PRISONERS 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 of  thirty   forty -five
17    dollars  ($  3    4  5.00)  per day, per inmate. Nothing
18    stated herein will prohibit the state board of correction from entering into a
19    contract with a county pursuant to section 20-241, Idaho Code.
20        (c)  In addition to payment of per diem costs as above provided, the state
21    board of correction shall pay for all ordinary and necessary medical and  den-
22    tal expenses of state prisoners housed in county jails.
23        (d)  As  between themselves, the state board of correction and each of the
24    counties will be responsible for their pro rata share of any property  damages
25    or  personal  injuries  arising from the housing of state sentenced prisoners,
26    which is attributable to their respective  negligence  or  otherwise  wrongful
27    conduct. This provision shall not alter or affect any immunities or exceptions
28    to governmental liability the state or counties may possess as to private per-
29    sons  pursuant  to  the  Idaho tort claims act, sections 6-901, et seq., Idaho
30    Code.
31        (e)  The legislature shall appropriate sufficient funds  annually  to  the
32    department  of correction to make all payments to counties as required in this
33    section.
34        (f)  The county sheriffs shall bill the department of correction at  least
35    every  sixty  (60)  days.  The  department  of correction shall pay such bills
36    within sixty (60) days of their receipt.
37         (g)  The germane committees of  the  legislature  shall  review  the
38    costs  of  housing  inmates in county jails every three (3) years beginning in
39    2002. 

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 08433
                                

     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 cost to the state of
approximately $347,200 for holding state prisoners in county
jails for FY2000.  In FY 2001 the cost would be approximately
$170,500 since nearly all state prisoners would be moved to the
private prison.



CONTACT:  Idaho Association of Counties Phone:  345-9126
          Dan Chadwick,  Tony Poinelli, Paul Beddoe
          






STATEMENT OF PURPOSE/FISCAL NOTE                       H 52