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AGO Opinions with Topic: JAILS
AGO 2005 No. 8 >  July 7, 2005
COUNTIES - CITIES AND TOWNS - JAILS
Financial responsibility for costs of medical care provided to arrestees after detainment but before booking into jail The costs of providing medical care to a person arrested on a criminal charge but not yet booked or admitted to the jail fall (1) on the department of social and health services if some payment under RCW 74.09 is available; or (2) on the arrestee personally, to the extent there are resources available; or (3) on whichever unit of government has agreed to assume these costs through an interlocal agreement; or (4) if there is no interlocal agreement, on the unit of government whose law enforcement officers initiated the charges.
AGO 1980 No. 21 >  November 13, 1980
COUNTIES - CITIES AND TOWNS - JAILS - PRISONERS
COSTS OF HOUSING PRISONERS IN COUNTY JAILS If a city or town police officer arrests a person for committing a felony within the corporate limits of the city or town and turns such person over to the custody of the county sheriff because the arrest was for a violation of a state law and not a city or town ordinance, it is the county, and not the city, which is then responsible for paying the care, housing and board of such prisoner while he is in the county jail‑-both before and after arraignment.
AGO 2004 No. 4 >  December 23, 2004
COUNTIES - JAILS - SHERIFF - STATE OFFICERS - STATE PATROL
Responsibility of county jail to accept for booking persons arrested and presented at the jail by state patrol officers or other state employees with law enforcement powers 1.  A county sheriff, as supervisor of the county jail, is required to accept arrestees presented at the jail for booking and housing pending disposition of charges, whether the arrestees are presented by county officers, by state patrol officers, or by other state employees with criminal law enforcement responsibilities.     2.  The county sheriff does not have authority to (1) limit the hours during which the county jail will accept arrestees presented for booking by state officers, or (2) limit the number of arrestees that can be presented during a stated time period.  3.  RCW 43.135.060 does not require the state to reimburse counties for the cost of booking or housing arrestees presented at the county jail by state patrol officers or other state employees, since this practice is neither a “new program” nor an “expansion of an existing program.”
AGO 1984 No. 11 >  March 27, 1984
OFFICES AND OFFICERS - STATE - CORRECTIONS STANDARDS BOARD - JAILS - COUNTIES - CITIES
APPLICABILITY OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES ACT (1) The State Corrections Standards Board is not required by chapter 120, Laws of 1983, the Minority and Women's Business Enterprises Act, to fix goals which would, in turn, necessitate that specified portions of the funds which are awarded by it to local governments be set aside for minority or women-owned businesses.(2) Chapter 120, Laws of 1983, the Minority and Women's Business Enterprises Act, applies only to public works projects undertaken by the State (or an agency thereof) itself and, therefore, does not impose any additional duties or responsibilities on local jurisdictions with respect to jail construction and renovation funded through the State Corrections Standards Board.
AGO 2000 No. 8 >  November 15, 2000
CITIES AND TOWNS - JAILS
Authority of cities and towns to contract with nongovernmental entity to construct, lease, or operate a jail 1.  A code city may contract with a nongovernmental entity for the construction of a jail for the city.  2.  A code city lacks authority to enter into an operating lease agreement for a city jail with a nongovernmental entity.  3.  A code city lacks authority to contract with a nongovernmental entity to provide overall management or law enforcement services in a city jail; however, the city may contract with a private entity for other jail-related services.
AGO 1993 No. 11 >  June 2, 1993
COUNTIES - POLICE POWER - CRIMES - PRISONERS - JAILS - SENTENCES - COSTS
Authority of a county to charge a fee for booking prisoners sentenced to serve time in a county jail on intermittent days Counties have the authority to define certain local offenses and to prescribe penalties for their commission including the imposition of specific costs.  Subject to certain limitations, a county may include as a cost a multiple booking fee imposed on persons convicted of such county offenses and sentenced to serve time in the county jail on intermittent days.  Such a multiple booking fee could offset the cost to the county of processing the individual in and out of jail.2.  A county does not have the authority to impose a multiple booking fee on individuals serving time in the county jail on intermittent days who have been convicted of violating a state statute.  The Legislature, rather than the county, specifies the punishment for state crimes including costs.
AGO 1958 No. 196 >  May 26, 1958
ARREST - WITHOUT WARRANT - PROBATION VIOLATOR - DETENTION PENDING HEARING - CUSTODIAN OF JAIL - RIGHT TO DETAIN PROBATION VIOLATOR ARRESTED BY PROBATION OFFICER - JAILS
ARREST ‑- WITHOUT WARRANT ‑- PROBATION VIOLATOR ‑- DETENTION PENDING HEARING -- CUSTODIAN OF JAIL ‑- RIGHT TO DETAIN PROBATION VIOLATOR ARRESTED BY PROBATION OFFICER -- JAILS ‑- RIGHT TO DETAIN... A state probation officer may arrest a probation violator without a warrant, but it is his duty to take him with reasonable promptness before the court granting the probation for disposition; and if for any reason he cannot be disposed of by the court at that time, his right to further detention is dependent upon the issuance of a warrant.  The sheriff, as custodian of the jail, may, but is not required to, detain a probationer arrested without a warrant by a state probation officer for a parole violation.
AGO 1955 No. 42 >  March 18, 1955
JAILS - AUTHORITY TO PERMIT CONCESSIONS FOR SALE OF TOBACCO, CANDY, ETC. TO PRISONERS - CURRENT EXPENSE FUNDS - PROCEEDS FROM CONCESSION OPERATED IN COUNTY JAIL
JAILS ‑- AUTHORITY TO PERMIT CONCESSIONS FOR SALE OF TOBACCO, CANDY, ETC. TO PRISONERS ‑- CURRENT EXPENSE FUNDS ‑- PROCEEDS FROM CONCESSION OPERATED IN COUNTY JAIL

A county sheriff may permit a concession to sell tobacco, candy, etc. in a county jail where not prohibited by superior court rule from so doing.The proceeds from the operation of a concession in a county jail are public funds and should be reported to the credit of the current expense fund.The sheriff is not authorized to create a fund for the welfare of prisoners from the proceeds of a concession permitted to be operated in a county jail.

AGO 1953 No. 99 >  July 24, 1953
CITIES - COUNTIES - DEPARTMENT OF HEALTH - JAILS - JUVENILE DETENTION HOMES - MEDICAL CARE
CITIES ‑- COUNTIES ‑- DEPARTMENT OF HEALTH ‑- JAILS ‑- JUVENILE DETENTION HOMES ‑- MEDICAL CARE 1. When an inmate of a city or county jail becomes ill or is injured and requires medical attention, being unable to pay for the services and not a recipient of public assistance, the city or county, i.e., the confining authority, is responsible for furnishing the medical services required. 2. When a ward in a juvenile detention homes becomes ill or is injured and the juvenile's parents are not financially able to provide the medical care and the juvenile is not a recipient of public assistance, the juvenile detention home shall provide the necessary medical services. 3. In the absence of a city ordinance or county resolution requiring the city or county to do so, cities or counties are not bound to arrange emergency medical care for those without funds, but not recipients of public assistance, but may very properly do so, and if either does so the cost is to be borne by either the city or county actually arranging or contracting the emergency medical service.
AGO 1951 No. 037 >  May 11, 1951
JAILS - WOMEN PRISONERS - CONFINEMENT IN COUNTY WITH ADEQUATE FACILITIES
JAILS ‑- WOMEN PRISONERS ‑- CONFINEMENT IN COUNTY WITH ADEQUATE FACILITIES Counties without suitable facilities for women prisoners may arrange for their detention in other nearby counties.
AGLO 1982 No. 3 >  February 11, 1982
OFFICES AND OFFICERS - STATE - JAIL COMMISSION - JAILS
STATE FUNDING OF LOCAL JAIL IMPROVEMENTS

The State Jail Commission may not suspend or withhold funding from a city or county for new jail construction or remodeling on the basis that the Commission has ordered closure of the existing jail facility of such city or county for failure to comply with mandatory state custodial care standards.

AGLO 1982 No. 25 >  November 10, 1982
OFFICES AND OFFICERS - COUNTY - SHERIFF - JAILS
ACCEPTANCE OF PRISONERS IN EXCESS OF JAIL CAPACITY A county sheriff or director of a county department of corrections is not authorized to refuse to accept custody of persons ordered by a court of competent jurisdiction to be confined in a county jail, or to release other prisoners to make room for such persons, for the sole purpose of avoiding overcrowding in violation of State Jail Commission custodial care standards.
AGLO 1973 No. 78 >  July 23, 1973
DISTRICTS - PORT - CITIES AND TOWNS - JAILS - DETENTION FACILITY - CONSTRUCTION OF
DISTRICTS ‑- PORT ‑- CITIES AND TOWNS ‑- JAILS ‑- DETENTION FACILITY ‑- CONSTRUCTION OF

DISTRICTS ‑- PORT ‑- CITIES AND TOWNS ‑- JAILS ‑- DETENTION FACILITY ‑- CONSTRUCTION OF   A port district, acting either by itself or in concert with two cities within the corporate limits of which port facilities are located, does not have the power to construct a jail facility in which persons arrested for

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