§ 12-27-114 — Inmates in county jails - Reimbursement of county - Medical care

(a) (1) (A) (i) In the event the Division of Correction cannot accept inmates from county jails due to insufficient bed space, the Division of Correction shall reimburse the counties from the County Jail Reimbursement Fund at rates determined by the Chief Fiscal Officer of the State, after consultation with Arkansas Legislative Audit and the Division of Correction and upon approval by the Governor, until the appropriation and funding provided for that purpose are exhausted. (ii) The reimbursement rate shall include the county's cost of transporting the inmates to the Division of Correction. (B) (i) Reimbursement under subdivision (a)(1)(A) of this section shall begin accruing on the date of sentencing. (ii) The Division of Correction shall not reimburse the county until the Division of Correction receives a complete and accurate sentencing order. (2) (A) In the event the Division of Community Correction cannot accept inmates from county jails due to insufficient bed space or shall have an inmate confined in a county jail under any prerelease program or sanction imposed in response to a violation of supervision conditions, the Division of Community Correction shall reimburse the counties from the fund at rates determined by the Chief Fiscal Officer of the State, after consultation with Arkansas Legislative Audit and the Division of Correction, and upon approval by the Governor, until the appropriation and funding provided for that purpose are exhausted. (B) (i) Reimbursement under subdivision (a)(2)(A) of this section shall begin accruing on either the date of sentencing or the date of placement on probation accompanied with incarceration in the Division of Community Correction. (ii) The Division of Community Correction shall not reimburse the county until the Division of Community Correction receives a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center. (b) (1) (A) The Division of Correction and the Division of Community Correction shall prepare an invoice during the first week of each month that lists each state inmate that is on the county jail backup list during the previous month. (B) The invoice shall reflect the number of days a state inmate was in the county jail in an awaiting-bed-space status. (2) (A) The Division of Correction and the Division of Community Correction shall verify and forward the invoices to the applicable county sheriff to certify the actual number of days the state inmates were physically housed in the county jail. (B) (i) Upon written request of a county judge, county treasurer, or county sheriff, the Division of Correction and the Division of Community Correction shall provide to the county official making the request a written report summarizing the year-to-date county jail reimbursement invoices prepared and forwarded for verification by the Division of Correction and the Division of Community Correction and payment from the fund. (ii) In addition, the written report shall include a summary of invoices returned by each county for payment for previous months within the fiscal year, the amounts paid, and any balances owed. (3) (A) The certified invoices shall then be returned to the Division of Correction and the Division of Community Correction for payment from the fund. (B) Payment from the fund shall be made within five (5) business days of receipt of signed and certified invoices returned by each county, subject to funding made available for payment of the certified notices. (4) The county sheriff shall maintain documentation for three (3) calendar years to confirm the number of days each state inmate was physically housed in the county jail. (5) The documentation maintained by the county sheriff is subject to review by Arkansas Legislative Audit. (6) Invoices under this subsection may be mailed or sent electronically. (c) (1) The Board of Corrections shall adopt rules by which the Division of Correction or the Division of Community Correction shall reimburse any county that is required to retain an inmate awaiting delivery to the custody of either the Division of Correction or the Division of Community Correction, upon receipt of a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center, for the actual costs paid for any emergency medical care for physical injury or illness of the inmate retained under this section if the physical injury or illness is directly related to the incarceration and the county is required by law to provide the care for inmates in the jail. (2) The Director of the Division of Correction or his or her designee or the Director of the Division of Community Correction or his or her designee may accept custody of any inmate as soon as possible upon request of the county upon determining that the inmate is required to have extended medical care. (3) (A) Reimbursements for medical expenses under this subsection shall require prior approval of the Division of Correction or the Division of Community Correction before the rendering of health care. (B) (i) In a true emergency situation, health care may be rendered without prior approval. (ii) The Division of Correction or the Division of Community Correction shall be notified of a true emergency situation immediately after the true emergency situation. (C) (i) Reimbursements under this subsection begin accruing on the date of sentencing. (ii) The Division of Correction or Division of Community Correction shall not reimburse the county under this subsection until the Division of Correction or Division of Community Correction receives a complete and accurate sentencing order or an order or waiver for a sanction to a community correction center. (d) (1) (A) The Division of Correction and Division of Community Correction shall prepare a monthly report of county jail reimbursement invoices under this section for payment from the County Jail Reimbursement Fund. (B) The monthly report under subdivision (d)(1)(A) of this section shall: (i) Be posted on the website of the Division of Correction and the website of the Division of Community Correction for at least three (3) years; and (ii) Include a summary of invoices returned by each county for payment for previous months within the fiscal year, the amounts paid, and any balances owed. (2) The monthly reports under subdivision (d)(1)(A) of this section shall be combined into one (1) annual report at the end of each fiscal year.

Legislative History

Amended by Act 2023, No. 285,§ 13, eff. 7/1/2023. Amended by Act 2023, No. 133,§ 1, eff. 7/1/2023. Amended by Act 2015, No. 1201,§ 1, eff. 10/1/2015. Amended by Act 2015, No. 946,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1282,§ 1, eff. 8/16/2013. Acts 1985, No. 648, § 19; 1991, No. 329, §§ 2, 3; 1991, No. 574, §§ 2, 3; 1991, No. 644, § 3; 1995, No. 316, § 13; 2003, No. 370, § 1; 2003 (2nd Ex. Sess.), No. 16, § 1; 2005, No. 2192, § 1.