SUBSTITUTE ADOPTED - FEBRUARY 10, 2004

AGENDA ITEM NO. 26



Introduced by the Law Enforcement and Finance Committees of the:



INGHAM COUNTY BOARD OF COMMISSIONERS



RESOLUTION TO AMEND THE POLICY TO CHARGE MUNICIPALITIES FOR THE MEDICAL COSTS OF CERTAIN INMATES AT THE INGHAM COUNTY JAIL



RESOLUTION #04-044



WHEREAS, the County Jails Act (MCL 801.4) mandates that counties are responsible for the safekeeping and maintenance of county jail inmates, as needed; and



WHEREAS, under the County Jails Act (MCL 801.4a), counties may charge cities, villages, or townships in district court units other than those of the first or second class, which have jurisdiction over the offense, for the expenses associated with inmates of county jails who are charged with or convicted of violating the respective municipality's ordinances; and



WHEREAS, through Resolution #99-73, the Board of Commissioners has previously adopted a policy whereby municipalities may be responsible for the Medical Costs of Certain Inmates at the Ingham County Jail; and



WHEREAS, the County has determined, it is prudent to adopt a new policy in recognition of the need to have a mechanism to deal with emergency medical situations that can occur during non-business hours.



THEREFORE BE IT RESOLVED, that effective July 1, 2004, municipalities shall be responsible for the medical costs of certain inmates at the Ingham County Jail as provided herein.



BE IT FURTHER RESOLVED, that governmental units within Ingham County other than district court units of the first or second class shall be responsible for the medical expenses of certain inmates who are housed at the Ingham County Jail as a result of being charged with or convicted of violating the local ordinances of the respective cities, villages, or townships, as permitted by the County Jails Act.



BE IT FURTHER RESOLVED, that this policy shall apply only to the medical expenses of inmates who are charged with or convicted of violating a municipal ordinance as a primary offense.



BE IT FURTHER RESOLVED, that the following process shall be used to identify the medical conditions covered by this policy and to notify the appropriate courts of the existence of such conditions:



b. During normal business hours, the Sheriff's Office shall notify the appropriate court in writing or by fax of inmates requiring medical attention outside of the County Jail, for other than ongoing medical care, in order that the Court may consider changes to the courts order to release an inmate on their own recognizance or suspend an inmate's sentence until after medical care has been administered.



SUBSTITUTE ADOPTED - FEBRUARY 10, 2004

AGENDA ITEM NO. 26





RESOLUTION #04-044



c. In the event that the Court does not take action within four hours of such written or faxed communication received from the Sheriff's Office during normal business hours, the County shall bill the appropriate municipality as allowed by law for that inmate(s) medical expenses.



d. After normal business hours, the Sheriff's Office will contact the appropriate Court by phone to notify it of the need for an inmate to receive medical attention outside of the County Jail, for other than ongoing medical care. The Ingham County District Courts shall provide an after business hours contact person and telephone number for the Ingham County Sheriff's Office to call.



e. In the event that the Court does not take action within eight hours of such phone communication from the Sheriff received after normal business hours, the County shall bill the appropriate municipality as allowed by law for that inmate(s) medical expenses.



f. In either event, if the court does not respond or if the attempts of the Sheriff's Office to

contact the court are unsuccessful, the County shall bill the appropriate municipality as allowed by law for that inmate(s) medical expenses.



BE IT FURTHER RESOLVED, that medical expenses billed under this policy includes but is not limited to all medical expenses related to drugs, medical supplies, hospital stays, hospital emergency room treatment, emergency dental care, x-rays and other means of diagnosis, surgery, as well as any other form of primary, emergency, specialty, or tertiary medical care that is administered outside of the premises of the County Jail, and in addition, to any expenses associated with the staff, security, and transportation which were made necessary by the provision of medical services for such an inmate will be charged to the municipality; provided however, that it shall not include expenses for medical care administered by a jail nurse or any other health professional, which is administered within the premises of the County Jail.



BE IT FURTHER RESOLVED, that the Board of Commissioners may consider the waiver of such charges upon request by the Prosecutor.



BE IT FURTHER RESOLVED, that the Sheriff's Office will make every reasonable effort to ensure that a responsible party at the court is personally notified.



BE IT FURTHER RESOLVED, that the Board of Commissioners requests that the Sheriff's Office also contact the appropriate Police Department so they can provide input to the Court.



BE IT FURTHER RESOLVED, that the Sheriff's Office shall, on a monthly basis, provide to the Controller's Office a list of the medical expenses incurred on behalf of such inmates and the Controller shall issue, on a periodic basis, invoices to the municipality responsible for the expenses as provided by law.



BE IT FURTHER RESOLVED, that the Ingham County Board of Commissioners hereby rescinds the "Policy to Charge Municipalities for the Medical Costs of Certain Inmates at the Ingham County Jail" as established by Resolution # 99-73 effective July 1, 2004







SUBSTITUTE FEBRUARY 10, 2004

AGENDA ITEM NO. 26





RESOLUTION #04-044

BE IT FURTHER RESOLVED, that the County Clerk shall notify the Cities of Lansing and East Lansing and the Sheriff of the adoption of this resolution and the amended policy.



LAW ENFORCEMENT: Yeas: Schor, Holman, Swope, Schafer, Minter

Nays: None Absent: None Approved 1/29/04

Law Enforcement adopted a different version



FINANCE: Yeas: Lynch, Grebner, Dedden, De Leon, Thomas, Minter

Nays: None Absent: None Approved 2/4/04