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H0157................................by JUDICIARY, RULES AND ADMINISTRATION
COUNTY JAILS - Amends existing law to provide that county jails are
authorized to create a self-perpetuating commissary fund; to provide the
purpose of the commissary fund; to increase the fee county sheriff
departments may charge a nonindigent inmate for health care visits; to
provide that inmates provide health insurance information; and to provide
that the sheriff is authorized to submit medical costs to the inmate's
health insurance company on behalf of the inmate.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 64-2-4
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Kemp, Loertscher, Martinez, Mathews, McGeachin, McKague,
Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Trail, Wills, Wood, Mr. Speaker
NAYS -- Barrett, LeFavour
Absent and excused -- Cannon, Jones, Lake, Stevenson
Floor Sponsor - Henderson
Title apvd - to Senate
03/08 Senate intro - 1st rdg - to Jud
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 31-0-3, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Williams
NAYS -- None
Absent and excused -- Coiner, Malepeai, Werk, (District 21 seat
vacant)
Floor Sponsor - Lodge
Title apvd - to House
03/22 To enrol
03/23 Rpt enrol - Sp signed
03/24 Pres signed - To Governor
03/28 Governor signed
Session Law Chapter 181
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 157
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO JAILS; AMENDING SECTION 20-618, IDAHO CODE, TO PROVIDE THAT COUNTY
3 JAILS ARE AUTHORIZED TO CREATE A SELF-PERPETUATING COMMISSARY FUND AND TO
4 PROVIDE THE PURPOSE OF THE COMMISSARY FUND; AND AMENDING SECTION 20-619,
5 IDAHO CODE, TO PROVIDE FOR COMMISSARY OR PERSONAL ACCOUNTS, TO INCREASE
6 THE FEE THAT COUNTY SHERIFF DEPARTMENTS MAY CHARGE A NONINDIGENT INMATE
7 FOR HEALTH CARE VISITS, TO PROVIDE FOR COLLECTION OF DEBTS INCURRED FOR
8 HEALTH CARE VISITS, TO PROVIDE THAT AN INMATE PROVIDE HEALTH INSURANCE
9 INFORMATION AND TO PROVIDE THAT THE SHERIFF IS AUTHORIZED TO SUBMIT MEDI-
10 CAL COSTS TO THE INMATE'S HEALTH INSURANCE COMPANY ON BEHALF OF THE
11 INMATE.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 20-618, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 20-618. JAIL COMMISSARY FUND. County jails which provide commissary items
16 to inmates, and collect the costs or a portion of the costs for such items
17 from an inmate with sufficient funds to pay for items, are authorized to cre-
18 ate a self-perpetuating commissary fund. The purpose of the commissary fund is
19 to both supply inmates with and provide a fund from which reimbursement can be
20 made to the county for an inmate's use or purchases of necessary hygiene
21 items, recreational devices and other inmate care items, and deposit the funds
22 from the sale of items in this fund medical items and services, and any other
23 debts incurred pursuant to this chapter. This fund shall be subject to a
24 yearly audit authorized by the board of county commissioners.
25 SECTION 2. That Section 20-619, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 20-619. FEE FOR MEDICAL SERVICE. (1) County sheriff departments adminis-
28 tering county jails may charge a nominal fee of five twenty dollars ($520.00)
29 to any nonindigent inmate who has sufficient funds in his commissary/personal
30 or personal account for the purpose of seeing the jail provided doctor or
31 nurse for a medical complaint. In the event that an inmate is indigent, such
32 service shall be provided by the county at no cost.
33 (2) The county sheriff departments administering county jails may charge
34 actual costs to any nonindigent inmate who has sufficient funds in his commis-
35 sary/personal or personal account for pharmaceuticals prescribed or authorized
36 by jail medical staff.
37 (3) A "nonindigent" inmate, for purposes of this section, is an inmate
38 who has money in his commissary/personal or personal account normally used for
39 the purchase of personal items for the inmate.
40 (4) All debts incurred pursuant to this section may be collected from the
41 inmate's commissary or personal account, in whole or in part, at any time dur-
2
1 ing the period of incarceration, whenever moneys exist in or are placed into
2 the inmate's commissary or personal account, provided that the jail has in
3 place a process by which the affected inmate may contest the assessment of
4 moneys owed. Collection of moneys owed may occur at any time, in whole or in
5 part, until such time as the full balance of the moneys owed is completely
6 retired, provided that there shall be no further efforts to collect the debt
7 after four (4) years from the date in which the debt was actually incurred.
8 (5) The county sheriff may require the inmate to provide health insurance
9 information including, but not limited to, group, plan and identification num-
10 bers. The county sheriff is authorized to submit medical costs to the inmate's
11 health insurance company on behalf of the inmate.
STATEMENT OF PURPOSE
RS 14770
This legislation will provide Idaho county sheriffs the
opportunity for reimbursement of medical, dental, prescription
drug and other costs of medical services incurred while housing
non-indigent inmates in county jails. No essential medical care
is denied to any indigent inmate. This legislation provides
county sheriffs specific authority for collection of medical
costs from current and former county jail inmates who have
financial resources including their medical/hospitalization
insurance that may be in force.
FISCAL NOTE
This legislation will have no fiscal impact on the General Fund.
County sheriffs already have jail administrative procedures in
place to enforce the proposed collection methods. It is
anticipated that collections authorized by this legislation will
significantly reduce jail housing costs now paid exclusively by
local property tax payers.
Contact
Name: Rep. Frank Henderson
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 157