AAC
GOVERNMENTAL AFFAIRS
County jail reimbursement: history and future increases
C
By Josh curtis Governmental Affairs Director and DYLAN LOFTON AAC Law Clerk
ounties in Arkansas continue to face heavy costs for providing services to state prisoners who are being held in county jails. Despite easing the burden placed on the state of Arkansas and state prison facilities, our counties struggle financially to shoulder these heavy costs. With a reimbursement rate for county jails below what is needed to cover these costs per prisoner per day, our counties continue to face the brunt of a challenging financial situation while assisting in state responsibilities. Raising the reimbursement rate for county jails should be a priority of the state of Arkansas if we are serious about supporting local government closest to the people of our state.
History of State Inmate Costs and County Jail Reimbursement
The origins of county jail reimbursement for housing state inmates began in 1981 with the passage of Act 737. This Act provided appropriation and funding for county jail reimbursement, while also setting an expected rate of reimbursement for counties. Act 737 provided appropriations and supplemental funding to cover the cost of counties housing state inmates. The total reimbursement allowed for the years of 1982 and 1983 was set at $100,000 per year, while the expected rate the state would pay to counties was estimated at $8 per day. This approach was flawed in that the level of reimbursement was based primarily on the amount appropriated, instead of actual costs incurred by our counties. In 1985, the approach of the state of Arkansas changed for county jail reimbursement. Reimbursement rates began to be variable, depending on the costs submitted by each county. However, the cap on reimbursement was set at $18 per day regardless of if the costs to the county were greater than this maximum threshold. This change lasted until 1991, when the county jail reimbursement rate was increased to $25 per prisoner per day. In 2001, the reimbursement rate was again raised to $28 per prisoner per day. This change also reflected costs across four areas of caring for state prisoners: care, custody, treatment, and transportation. This rate remained constant for over a decade until Gov. Asa Hutchinson approved an increase in 2015 to $30 per prisoner per day. This was further increased to the current reimbursement rate of $32 per prisoner per day in 2020 upon approval by Gov. Hutchinson. 16
The County Jail Reimbursement Fund Today
Funding supporting counties in housing and caring for state prisoners comes from the County Jail Reimbursement Fund, which is described in A.C.A. § 19-5-1045. The fund is used by the Arkansas Division of Correction (DOC) for reimbursing counties that house prisoners sentenced to DOC. Additionally, the fund is used by the Arkansas Division of Community Corrections (DCC) for reimbursing counties that are housing different classifications of prisoners, including prisoners: (1) Sentenced to the DCC, (2) Placed on probation if the probation includes incarceration in the DCC, or (3) Confined in county jail under a prerelease program or sanction enacted for violation of a supervised condition. See A.C.A. § 19-5-1045. The reimbursement process for the DOC and DCC is similar in many regards. Importantly, if the DOC cannot accept inmates due to insufficient bedspace, DOC reimburses counties from the County Jail Reimbursement Fund. The rates of reimbursement are determined by the “Chief Fiscal Officer of the State,” who consults with Arkansas Legislative Audit and the DOC. The rate of reimbursement must also be approved by the Governor. Reimbursement is given to counties until the applicable appropriated funding for county jail reimbursement runs out. See A.C.A. § 12-27-114. Similarly, if the DCC is unable to house inmates from county jails due to insufficient bed space or if DCC decided to confine an inmate in a county jail under a pre-release program or sanction for violating supervision conditions, they must reimburse the counties following the same process for the determination of rates as followed by DOC. See A.C.A. § 12-27-114.
How Are Our Counties Currently Faring?
Despite gradual increases in the reimbursement since the 1980s, counties continue to assume a large financial obligation for housing and caring for state prisoners. We are thankful that Gov. Asa Hutchinson made this a priority and moved the ball down the field. The amount appropriated by the legislature for county jail reimbursement was recently set at $20,453,607 for the fiscal year ending June 30, 2022. This appropriation reflects approximately 1,800 state inmates per day in county jails. There is no guarantee that funding will increase if the average exceeds 1,800 inmates per day. According to the State Inmate Cost Study for Calendar Year 2020 compiled by the Association of Arkansas Counties and verified by Arkansas Legislative Audit (https://www.arcounties.org/site/assets/ files/5932/2020_inmate_cost_study.pdf ) the cost of housing and caring for a state inmate comes in at an average of $63.36. Of all the counties included in the AAC’s State Inmate Cost COUNTY LINES, FALL 2021
