Idaho State Statutes - Idaho Attorney Directory

FUNDING PER DIEM COSTS OF STATE PRISONERS HOUSED IN COUNTY
JAILS, RELATED ADDITIONAL EXPENSES AND MANNER OF PAYMENT. (a) The board of
correction shall pay each county for housing prisoners convicted, sentenced
and committed to the custody of the state board of correction, 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.
(b) The state board of correction shall pay counties housing state
sentenced prisoners a minimum rate of forty dollars ($40.00) per day, per
inmate. 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.
(c) In addition to payment of per diem costs as above provided, the state
board of correction shall pay for all ordinary and necessary medical and
dental expenses of state prisoners housed in county jails.
(d) 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, sections 6-901, et seq., Idaho
Code.
(e) The legislature shall appropriate sufficient funds annually to the
department of correction to make all payments to counties as required in this
section.
(f) 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.
(g) The germane committees of the legislature shall review the costs of
housing inmates in county jails every three (3) years beginning in 2004.

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