Yellowstone County approves U.S. Marshals contract at $115 per inmate day amid budget dispute
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Summary
The Board of County Commissioners approved a three-year contract with the U.S. Marshals Service setting a $115 daily per-diem for federal inmates housed at the Yellowstone County Detention Facility after hours of debate over the county's actual cost and options to increase reimbursement.
The Yellowstone County Board of County Commissioners voted to approve a contract with the U.S. Marshals Service setting the per-diem rate at $115 per inmate day, a three-year agreement intended to replace the prior $85 rate. The vote followed extended discussion of jail operating costs, staffing shortages and alternative revenue options.
Why it matters: The agreement raises federal inmate reimbursement from $85 to $115 per day, the commissioners said, boosting the detention facility's revenue by roughly $500,000 annually depending on the federal inmate census. Commissioners and county staff warned the county's general fund has been covering large shortfalls in the sheriff's budget and that the final contract still falls short of the county's internally calculated cost to house an inmate.
County officials and commissioners debated the formula used to calculate actual costs and whether the county should require additional services'such as medical appointment transports, hospital admissions and inmate transports'to qualify for a higher rate like Missoula County's $138 per inmate day. The sheriff said the department lacks the staffing capacity to add those transport and hospital-duty services now.
County Attorney Scott (county attorney) and Finance Director Jennifer Jones explained the contract includes provisions that allow renegotiation in limited, emergent circumstances and contains a termination clause. Commissioners also noted the contract language shows a three-year fixed rate with a period-of-performance wording described as perpetual in the draft; staff said termination and renegotiation provisions address that concern.
Several commissioners favored accepting $115 now rather than risk losing the increased revenue by continuing to demand a $117-per-day rate the county previously set by resolution for state reimbursements. One commissioner favored pursuing the higher rate or negotiating for additional reimbursable services but agreed the $115 proposal materially improves the county's position compared with $85.
The board also passed Resolution 25-50 rescinding Resolution 25-12 (which had allowed the county discretion regarding admittance of federal inmates), clarifying the county's posture on federal inmate housing under the new agreement.
What remains unresolved: Commissioners said they will not let future negotiations lapse and indicated they expect county staff to pursue better rates going forward; the sheriff reiterated staffing shortfalls remain a barrier to taking on additional transport duties that could yield higher per-diem payments.
Ending: The contract takes effect under terms in the executed agreement; commissioners directed county staff to continue monitoring negotiations and staffing implications.
