NCJ Number
87820
Date Published
1983
Length
7 pages
Annotation
The Oregon Attorney General issued the opinion that the county can require reimbursement for housing offenders who have violated municipal ordinances unless an agreement specifically excludes such reimbursement.
Abstract
The issue presented to the attorney general for an opinion was under what circumstances, if any, a county may require reimbursement from a municipal government for housing of prisoners in a county facility. The attorney general noted that generally the county bears the expense of housing all prisoners in the local correctional facility; however, a county is not required to accept persons sentenced to prison for violation of municipal ordinances unless it has previously agreed to do so, and it may require reimbursement for its costs of housing municipal prisoners as a condition of such an agreement. Such reimbursement is required for cities organized under the 1893 Incorporation Act. For other cities, if a county accepts municipal prisoners without such agreement for reimbursement, it will probably be able to recover its costs of housing them on the basis of an implied agreement. The legal bases for this opinion are discussed in detail. (Author summary modified)