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19-1910. Cost of keeping prisoner under criminal process; certain costs paid by the state; reimbursement from prisoner. (a) When a prisoner is committed to a county jail in a criminal action, the board of county commissioners shall allow the sheriff reasonable funding for maintaining such prisoner.

(b) (1) If a person is stopped by or is in the custody of a law enforcement officer as defined in K.S.A. 22-2202, and amendments thereto, who is an employee of the state and such person is injured by the officer while acting within the scope of such officer's authority, costs incurred for medical care and treatment of the person shall be paid by the state if such care and treatment is required due to the injury and a determination has been made that the person has no other resources. When such medical expenses have been paid by the state, the state may seek reimbursement of such expenses from the prisoner. If the state determines that the prisoner is covered under a current individual or group accident and health insurance policy, medical service plan contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society or health maintenance organization contract, then the state may require the prisoner or the provider rendering healthcare services to the prisoner to submit a claim for such healthcare services rendered in accordance with the prisoner's policy or contract.

(2) All other costs incurred by the county for medical care and treatment of prisoners held within the county shall be paid from the county general fund when a determination has been made that the prisoner has no other resources. When medical expenses have been paid out of the county general fund of any county in this state for a prisoner held within such county, the county may seek reimbursement of such expenses from the prisoner. If the county determines that a prisoner of the county jail is covered under a current individual or group accident and health insurance policy, medical service plan contract, hospital service corporation contract, hospital and medical service corporation contract, fraternal benefit society or health maintenance organization contract, then the county may require the prisoner of such county jail or the provider rendering health care services to the prisoner to submit a claim for such health care services rendered in accordance with the prisoner's policy or contract.

(c) When a prisoner is delivered to a county jail pursuant to K.S.A. 75-5217, and amendments thereto, the costs of holding such prisoner shall be paid as provided in K.S.A. 19-1930, and amendments thereto.

History: G.S. 1868, ch. 53, § 10; R.S. 1923, 19-1910; L. 1981, ch. 350, § 1; L. 2002, ch. 117, § 2; L. 2005, ch. 150, § 4; L. 2023, ch. 83, § 6; July 1.

Law Review and Bar Journal References:

"2002 Legislative Wrap-Up," Paul T. Davis, 71 J.K.B.A. No. 7, 15 (2002).

Attorney General's Opinions:

Detention of suspected parole violators. 80-227.

Charge and custody of jail; prisoners' meals. 81-190.

Secretary of corrections; costs of maintenance of offender pending transfer to department of corrections. 90-96.

Transfer of budget items from sheriff's office to district court; court expenses payable by counties. 93-136.

Closing of county jail; compensation for prisoners in alternate facilities. 94-158.

Role of sheriff involved in taking custody of person wanted by another state; taking custody on property of federal prison; payment of costs; authority of requesting state. 96-6.

Sheriff must accept city prisoner taken to county jail but not responsible if taken directly to medical facility. 2007-39.

CASE ANNOTATIONS

1. Section does not permit extra pay for additional service. Atchison County v. Tomlinson, 9 Kan. 167, 175; Comm'rs of Osborne Co. v. Honn, 23 Kan. 257, 258.

2. County liable to sheriff for supplies. Norton v. Simms, 85 Kan. 822, 824, 118 P. 1071.

3. Duty imposed upon county by subsection (a) applies only where prisoner has no resources to pay for medical care and is committed or held in the county jail; subsection (a) is more limited than (b)(1), which applies any time a person is stopped by or in the custody of a law enforcement officer. University of Kansas Hosp. Auth. v. Board of Wabaunsee County Comm'rs, 299 Kan. 942, 956-57, 327 P.3d 430 (2014).


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