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Commissioners discuss ordinance to recover inmate incarceration costs
Summary
County leaders heard from the auditor and county attorney about a proposal to allow the county to recover up to $30 per day from inmates for incarceration costs. Commissioners asked staff to gather sample ordinances, examine legal protections for indigent people, and assess impacts on collections and reentry before advancing any ordinance.
County Auditor Susan Sleeper told commissioners that Judge Grimm had raised the possibility of the county charging inmates for some or all of the cost of incarceration. "If the commissioners pass an ordinance wanting to do this, then we could charge the inmate the lesser of either the per day rate or $30," Sleeper said, adding that collected funds could be used toward the new jail.
Commissioners discussed legal and practical mechanics, including wage garnishment and voluntary wage assignment. County Attorney Andrew Cruz noted statutory protections and means-testing that can exempt indigent persons from repayment. "There’s going to be a group of people that are not going to have to pay back because of 150% of the federal poverty line," Cruz said, adding that the county can craft exemptions and enforcement pathways.
Several commissioners cautioned that requiring repayments could add burdens on people reentering the community and might hinder rehabilitation if people leave custody financially worse off. At the same time, commissioners observed that some prior collection efforts — such as retaining portions of cash bonds to satisfy court costs — have generated revenue for the county.
No ordinance was adopted; commissioners instructed staff and the county attorney to collect sample ordinances and examples from peer counties and return with draft language and impact analysis.
