§ 17-1-112 — Expenses - reimbursement by department - report

(1) Subject to
available appropriations, the department shall reimburse any county or city and
county for a portion of the expenses and costs incurred by that county or city and
county in the confinement and maintenance in a local jail of any person who is
sentenced to a term of imprisonment in a correctional facility. The general
assembly shall annually establish the amount of reimbursement in the general
appropriations bill, taking into consideration the information reported pursuant to
subsection (4) of this section. Such reimbursement is for each day following
seventy-two hours after such sentence is imposed but prior to the transmittal of the
sentenced inmate to a department facility. Subject to available appropriations, the
department may contract with any county or city and county for the expenses
incurred by that county or city and county in the confinement and maintenance of
any person who is sentenced to a term of imprisonment pursuant to section 16-11-308.5.

(1.5) In no event shall any agreement to reimburse any city and county or
county affect or reduce any city and county's or county's duty to exercise
reasonable care and use its best efforts to supervise and use reasonable
precautions to assure the adequate care of any state inmate.

(1.7) On or after April 19, 1993, each city and county or county shall send an
invoice to the executive director within three months after the expenses and costs
for the confinement and maintenance of inmates in local jails are incurred; however,
each city and county or county is encouraged to send such invoice on a monthly
basis, when possible. Failure by a city and county or county to send an invoice to the
executive director within three months after such expenses and costs are incurred
shall result in a forfeiture of any reimbursement by the state for such expenses and
costs.

(2) Any moneys to which a county or city and county may be entitled
pursuant to the provisions of this section shall be paid to the treasurer of the
county or the manager of revenue of the city and county, who shall credit the same
to the general fund of the county or city and county or such other fund as the board
of county commissioners of the county or the city council of the city and county
may direct and who shall account for such moneys as provided by law.

(3) (Deleted by amendment, L. 88, p. 710, � 9, effective July 1, 1988.)

(4) To assist the general assembly in determining the amount of
reimbursement described in subsection (1) of this section, on or before January 1,
2019, and on or before January 1 each year thereafter, each county and each city
and county shall report to the joint budget committee the average cost of confining
and maintaining persons in a local jail for more than seventy-two hours after each
such person has been sentenced to the custody of the department. On or before
September 1, 2018, the joint budget committee shall establish guidelines to ensure
that each county and each city and county reports costs pursuant to this subsection
(4) in a uniform manner. At a minimum, the guidelines must allow each county and
each city and county to report costs in the following categories:

(a) Food;

(b) Clothing and laundry;

(c) Medical and behavioral health-care costs;

(d) Personnel costs, including salaries and benefits;

(e) Inmate transportation costs;

(f) Vocational training and educational costs; and

(g) Menstrual hygiene products, as defined by section 17-1-113.6 (2).

Legislative History

Source: L. 85: Entire section added, p. 1339, � 1, effective July 1. L. 88: Entire section amended, p. 710, � 9, effective July 1. L. 89: (1.5) added, p. 879, � 1, effective June 5. L. 89, 1st Ex. Sess.: (1) amended, p. 20, � 4, effective July 1. L. 91: (1) and (1.5) amended, p. 337, � 2, effective July 1, 1992. L. 93: (1) and (1.5) amended and (1.7) added, p. 405, � 2, effective April 19. L. 95: (2) amended, p. 880, � 17, effective May 24. L. 2000: (1), (1.5), and (1.7) amended, p. 836, � 14, effective May 24. L. 2018: (1) amended and (4) added, (HB 18-1132), ch. 163, p. 1129, � 1, effective April 25. L. 2019: (4) amended, (HB 19-1224), ch. 131, p. 588, � 2, effective April 25.