The Department of Corrections shall reimburse any county which is required to retain an inmate pursuant to subsection F of Section 37 of this title in an amount not to exceed Thirty-two Dollars ($32.00) per day for each inmate during such period of retention, unless the actual daily cost exceeds Thirty-two Dollars ($32.00). If the actual daily cost as determined by the county exceeds Thirty-two Dollars ($32.00), the county shall notify the Department of Corrections of the actual daily cost no later than September 30. If the county’s actual daily cost is accepted by the Department, such amount shall be the reimbursement rate for the county beginning the next fiscal year. If the Department rejects the county’s actual daily cost application, the actual daily cost reimbursement shall be determined by the State Auditor and Inspector and shall be imposed beginning the next fiscal year. The Department shall distribute the reimbursement on a monthly basis upon receipt and approval of a billing statement from the county. The county shall use the reimbursement to defray expenses of equipping and maintaining the jail and payment of personnel. The Department of Corrections shall reimburse the county for the emergency medical care for physical injury or illness of the inmate retained under this section if the injury or illness is directly related to the incarceration and the county is required by law to provide such care for inmates in the jail. The Department shall not pay fees for medical care in excess of the rates established for Medicaid providers. The state shall not be liable for medical charges in excess of the Medicaid scheduled rate. The Department may accept any inmate required to have extended medical care upon application of the county.

Laws 1981, SJR 14, p. 1291, § 3, emerg. eff. April 13, 1981; Amended by Laws 1992, SB 990, c. 293, § 1, emerg. eff. May 25, 1992; Amended by Laws 1997, HB 1213, c. 133, § 76, emerg. eff. July 1, 1997 (superseded document available); Amended by Laws 1999, 1st Extr. Sess., HB 1009, c. 5, § 24, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 1999, SB 475, c. 51, § 3, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2006, 2nd Extr. Sess., SB 65, c. 74, § 8, eff. September 22, 2006 (superseded document available); Amended by Laws 2015, HB 1630, c. 307, § 2, eff. November 1, 2015 (superseded document available); Amended by Laws 2017, HB 1483, c. 260, § 2, eff. November 1, 2017 (superseded document available); Amended by Laws 2025, SB 85, c. 394, § 1, eff. November 1, 2025 (superseded document available).