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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 withand 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 funds22 from the sale of items in this fundmedical 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 fivetwenty dollars ($ 520.00) 29 to any nonindigent inmate who has sufficient funds in his commissary /personal30 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 /personalor 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 /personalor 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