H05562026 Regular Session✓ Signed into law

Amends existing law to revise a provision regarding per diem costs of state prisoners housed in county jails.

STATE PRISONERS HOUSED IN COUNTY JAILS -- Amends existing law to revise a provision regarding per diem costs of state prisoners housed in county jails.

STATE PRISONERS HOUSED IN COUNTY JAILS

IntroducedIn CommitteeFloor VoteEnacted

STATEMENT OF PURPOSE

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Idaho law mandates the State Board of Corrections to reimburse counties for housing state-committed inmates and parole violators in county jails prior to their transfer to a state correctional facility. The current daily reimbursement rate ($55 for the first seven days, $75 thereafter) falls significantly short of the average daily cost incurred by counties, which is $106.37 (excluding state-paid medical expenses). It costs counties over $49.5 million a year to house 1,275 state inmates a day. By contrast, the state reimburses counties only $34.1 million a year to house those inmates. This disparity forces county property taxpayers to subsidize the state by over $15.4 million annually based on the 1,275 state inmates housed in county jails as of December 2025. Furthermore, the Idaho Legislature is required to review these housing costs every three years, but the last review was conducted four years ago. This legislation proposes increasing the daily reimbursement rate paid to counties to $80 to help offset the current financial burden on counties.

FISCAL NOTE

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Increasing the daily reimbursement rate will create an additional annual obligation to the state general fund of $3.1M.

SOP revised: 02/17/2026, 10:32 AM

BILL TEXT

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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 556 BY LOCAL GOVERNMENT COMMITTEE AN ACT1 RELATING TO STATE PRISONERS HOUSED IN COUNTY JAILS; AMENDING SECTION2 20-237A, IDAHO CODE, TO REVISE A PROVISION REGARDING PER DIEM COSTS OF3 STATE PRISONERS HOUSED IN COUNTY JAILS; AND DECLARING AN EMERGENCY AND4 PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 20-237A, Idaho Code, be, and the same is hereby7 amended to read as follows:8 20-237A. FUNDING PER DIEM COSTS OF STATE PRISONERS HOUSED IN COUNTY9 JAILS, RELATED ADDITIONAL EXPENSES AND MANNER OF PAYMENT. (1) The board of10 correction shall pay each county for housing prisoners convicted, sentenced11 and committed to the custody of the state board of correction, includ-12 ing probationers and parolees committed to a county jail under section13 20-219(7)(b), Idaho Code, beginning on the day after receipt by the director14 of notice that a person is in custody, as provided in section 20-237, Idaho15 Code.16 (2) The state board of correction shall pay counties housing state-sen-17 tenced prisoners a minimum rate of fifty-five dollars ($55.00) eighty dol-18 lars ($80.00) per day per inmate for the first seven (7) days of custody and19 seventy-five dollars ($75.00) per day per inmate thereafter. Nothing stated20 herein will prohibit the state board of correction from entering into a con-21 tract with a county pursuant to section 20-241, Idaho Code.22 (3) In addition to payment of per diem costs as provided in this sec-23 tion, the state board of correction shall pay for all ordinary and necessary24 medical and dental expenses of state prisoners housed in county jails.25 (4) As between themselves, the state board of correction and each of the26 counties will be responsible for their pro rata share of any property damages27 or personal injuries arising from the housing of state-sentenced prisoners,28 which is attributable to their respective negligence or otherwise wrongful29 conduct. This provision shall not alter or affect any immunities or excep-30 tions to governmental liability the state or counties may possess as to pri-31 vate persons pursuant to the Idaho tort claims act, chapter 9, title 6, Idaho32 Code.33 (5) The legislature shall appropriate sufficient funds annually to the34 department of correction to make all payments to counties as required in this35 section.36 (6) The county sheriffs shall bill the department of correction at37 least every sixty (60) days. The department of correction shall pay such38 bills within sixty (60) days of their receipt.39 (7) The germane committees of the legislature shall review the costs of40 housing inmates in county jails every three (3) years beginning in 2004.41

SECTION 2. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after2 July 1, 2026.3