State asks Yellowstone County for contract, setting jail rates

Sheriff Mike Linder is sending a letter to the state Department of Corrections (DOC) to inform them that the actual cost to Yellowstone County to house a prisoner is $77.22 a day – not the $69.31 that the Montana State Legislature set as a cap of what the state will pay. The real cost is actually higher than that, said Linder, but the state will not allow capital costs to be calculated into the per diem rate.

The state is asking the county for a contract to confirm the rate, and Yellowstone County officials are not too sure what such a contract would really do. Some counties have refused to enter into a contract, said Linder. Others, such as Gallatin County, refuse to accept state prisoners.

Deputy County Attorney Kevin Gillen said that such a contract is called “a contract of adhesion.”  “You take it or you leave it,” he said.

In a discussion, on Monday, county officials concluded that they will accept a contract with the state, but the bills that they send to the state will include the real per diem cost of housing prisoners, even though they know they will only get paid the lower sum. This way there will be a record of what it is really costing, they concluded. The finance department estimated that the county stands to lose about $45,000 annually through the lower rate, based upon 2017 figures. CLICK HERE TO READ MORE

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