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Bill allows counties to seek some jail costs from certain municipalities

CHARLESTON, W.Va. — A measure originated in the House Jails and Prisons Committee would enable county commissions to seek reimbursement from the state’s larger cities for certain jail per diem costs.

The current code requires West Virginia county commissions to pick up the tab on jail costs originating from magistrate court and for municipalities to cover the per diem for those costs originating from municipal court. However, in some cases, city police officers arrest offenders who wind up in magistrate court.

Although the code states counties would be responsible for the cost, the legislation introduced Thursday would allow a county to request reimbursement from the city whose officer made the arrest. A county commission could seek reimbursement for up to five days of incarceration. It would not be a requirement, but it would clear the way for a memorandum of understanding.

The bill allows for the reimbursement of costs only in the case of Class 1 or Class 2 municipalities whose officers made the arrest. Class 1 cities are those with more than 50,000 residents and Class 2 cities have a population from10,000 to 50,000 people.

Steep per diem costs for housing inmates in the regional jails are one of the biggest drags on county budgets in West Virginia.





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