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Kootenai County commissioners weigh using opioid-settlement funds to pay for jail fentanyl cleanup
Summary
Captain Jeremy Veil asked the board to consider using opioid-settlement funds to pay a contractor to remediate fentanyl contamination in the jail; the county attorney general's office preliminarily advised the use 'does not fit' Appendix E, and commissioners asked staff to obtain a written AG clarification before committing funds.
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Kootenai County staff told commissioners on July 7 that professional cleanup of fentanyl contamination in the county jail has occurred after a pair of overdoses and that the county is exploring whether opioid-settlement funds can pay the contractor.
"We've had a couple fentanyl overdoses in the jail and contamination, and we found a company that we use for the last one to come in and professionally clean it instead of using inmate workers or employees," Captain Jeremy Veil said, describing both safety and exposure concerns for staff and incarcerated people.
Veil said staff initially removed the cleanup from the FY27 budget while seeking guidance from the Attorney General's office. "The AG came back and said that it does not fit," Veil said, summarizing the AG's preliminary view that the cleanup might not fall under the appendix uses the county expects. Staff told the board there remains a potential path to use the funds but that the county must complete a form and that the AG's statement did not constitute approval.
Several commissioners characterized the cleanup as harm reduction and prevention because professional remediation reduces exposure risks to staff and inmates. Others noted precedent for opioid funds has been limited and urged caution. Commissioners repeatedly asked staff to identify the downside if the AG later deems the expenditure ineligible; staff said the likely remedy would be to return the amount to the opioid fund if required, but could not confirm whether additional penalties would apply.
The board directed staff to request a written clarification from the Attorney General's office describing what would occur if the AG ultimately found the expenditure ineligible and to report back before the board approves any payment from the opioid account. The estimated cleanup cost discussed at the meeting was approximately $4,500; no final decision was made.

