20-237A. FUNDING PER DIEM COSTS OF STATE PRISONERS HOUSED IN COUNTY JAILS, RELATED ADDITIONAL EXPENSES AND MANNER OF PAYMENT. (1) The board of correction shall pay each county for housing prisoners convicted, sentenced and committed to the custody of the state board of correction, including probationers and parolees committed to a county jail under section 20-219(7)(b), Idaho Code, beginning on the day after receipt by the director of notice that a person is in custody, as provided in section 20-237, Idaho Code.
(2) The state board of correction shall pay counties housing state-sentenced prisoners a minimum rate of fifty-five dollars ($55.00) per day per inmate for the first seven (7) days of custody and seventy-five dollars ($75.00) per day per inmate thereafter. Nothing stated herein will prohibit the state board of correction from entering into a contract with a county pursuant to section 20-241, Idaho Code.
(3) In addition to payment of per diem costs as provided in this section, the state board of correction shall pay for all ordinary and necessary medical and dental expenses of state prisoners housed in county jails.
(4) As between themselves, the state board of correction and each of the counties will be responsible for their pro rata share of any property damages or personal injuries arising from the housing of state-sentenced prisoners, which is attributable to their respective negligence or otherwise wrongful conduct. This provision shall not alter or affect any immunities or exceptions to governmental liability the state or counties may possess as to private persons pursuant to the Idaho tort claims act, chapter 9, title 6, Idaho Code.
(5) The legislature shall appropriate sufficient funds annually to the department of correction to make all payments to counties as required in this section.
(6) The county sheriffs shall bill the department of correction at least every sixty (60) days. The department of correction shall pay such bills within sixty (60) days of their receipt.
(7) The germane committees of the legislature shall review the costs of housing inmates in county jails every three (3) years beginning in 2004.
History:
[20-237A, added 1992, ch. 80, sec. 1, p. 221; am. 2000, ch. 135, sec. 1, p. 354; am. 2014, ch. 239, sec. 1, p. 603; am. 2015, ch. 103, sec. 1, p. 246; am. 2018, ch. 122, sec. 1, p. 259.]
Structure Idaho Code
Title 20 - STATE PRISON AND COUNTY JAILS
Chapter 2 - STATE BOARD OF CORRECTION
Section 20-201 - DEPARTMENT OF CORRECTION CREATED.
Section 20-202 - INTERIM APPOINTMENTS — CHAIRMAN.
Section 20-203 - REMOVAL OF MEMBERS — GROUNDS — HEARING AND PROCEEDINGS.
Section 20-204 - POLITICAL ACTIVITY OF BOARD MEMBERS OR EMPLOYEES RESTRICTED.
Section 20-205 - QUALIFICATIONS OF BOARD OR BOARD MEMBERS.
Section 20-206 - ORGANIZATION OF BOARD — ELECTION OF VICE-CHAIRMAN AND SECRETARY, TERMS.
Section 20-207 - OFFICE OF BOARD AT PENITENTIARY — MEETINGS — QUORUM — MAJORITY VOTE.
Section 20-208 - SALARIES AND EXPENSES OF BOARD MEMBERS.
Section 20-209A - COMPUTATION OF TERM.
Section 20-209B - DUTY TO CONTROL DISTURBANCES AT STATE PENITENTIARY.
Section 20-209C - AUTHORITY TO DESIGNATE EMPLOYEES AS PEACE OFFICERS.
Section 20-209D - FORFEITURE OF CONTRABAND PROPERTY OR MONEY FOUND IN POSSESSION OF INMATES.
Section 20-209E - PRISON DISCIPLINARY ACTION FOR FRIVOLOUS OR MALICIOUS COURT PROCEEDINGS.
Section 20-209F - WARRANTS FOR CERTAIN FUGITIVES.
Section 20-209G - AUTHORITY TO INVESTIGATE AND ISSUE SUBPOENAS.
Section 20-209H - DUTY TO ESTABLISH INMATE ACCOUNTS — PAYMENT OF RESTITUTION.
Section 20-209I - ASSIGNMENT OF INMATES TO DO CONSERVATION WORK.
Section 20-212 - RULES — AUTHORITY OF BOARD.
Section 20-214 - ASSISTANTS AND OFFICERS.
Section 20-216 - RECORDS, REPORTS AND STATISTICS.
Section 20-217A - APPOINTMENT OF DIRECTOR — SALARY — POWERS AND DUTIES.
Section 20-218 - ANNUAL REPORTS OF RECEIPTS AND EXPENDITURES.
Section 20-219 - PROBATION AND PAROLE SUPERVISION AND TRAINING — LIMITED SUPERVISION — RULEMAKING.
Section 20-220 - INVESTIGATION AND EXAMINATION TO PRECEDE PROBATION OR SUSPENSION OF SENTENCE.
Section 20-222 - FIXED PERIOD OF PROBATION OR SUSPENSION OF SENTENCE — REARREST AND REVOCATION.
Section 20-223 - PAROLE — LEGISLATIVE INTENT — REQUIRED REPORT.
Section 20-224 - INFORMATION REGARDING PRISONERS TO BE SECURED.
Section 20-225 - PAYMENT FOR COST OF SUPERVISION.
Section 20-225A - PAYMENT FOR INTERSTATE COMPACT APPLICATION.
Section 20-226 - RECORDS OF PRISONERS.
Section 20-228A - PAROLE SUBPOENA TO ASSIST IN APPREHENDING PAROLE ABSCONDERS.
Section 20-230 - APPLICATION TO CONVICTIONS PRIOR TO ACT
Section 20-235 - CERTIFICATION AND WARRANTS FOR EXPENSES.
Section 20-237B - MEDICAL COSTS OF STATE PRISONERS HOUSED IN CORRECTIONAL FACILITIES.
Section 20-239 - DISCHARGE UPON SERVICE OF MAXIMUM TERM.
Section 20-239A - RELEASE UPON GRANT OF PAROLE.
Section 20-241 - ACCEPTANCE OF FEDERAL OR OTHER FUNDS OR PROPERTY.
Section 20-241A - AGREEMENTS FOR CONFINEMENT OF INMATES.
Section 20-242A - INMATE INCENTIVE PAY.
Section 20-244 - GOVERNMENT AND DISCIPLINE OF THE CORRECTIONAL FACILITY — RULES AND REGULATIONS.
Section 20-245 - OFFENDER LABOR ON STATE AND COMMUNITY SERVICE PROJECTS.
Section 20-246 - PENITENTIARY — POWERS OF BOARD OF CORRECTION.
Section 20-247 - TRANSFER OF PRISONER TO FEDERAL PENAL OR CORRECTIONAL INSTITUTION.
Section 20-248 - CONTRACT FOR CARE OF TRANSFERRED PRISONER.
Section 20-249 - TRANSFERRED PRISONER SUBJECT TO TERMS OF ORIGINAL SENTENCE.
Section 20-250 - DEPARTMENT OF CORRECTION REPORTING REQUIREMENTS.