Print Friendly HOUSE BILL NO. 52 – Inmates, cnty jails, costs
HOUSE BILL NO. 52
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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
|||| 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
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
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
STATEMENT OF PURPOSE
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.
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
CONTACT: Idaho Association of Counties Phone: 345-9126
Dan Chadwick, Tony Poinelli, Paul Beddoe
STATEMENT OF PURPOSE/FISCAL NOTE H 52