Upshur County Commissioner Kristie Tenney told lawmakers Monday, Aug. 26, 2024, that despite efforts to address county jail bill costs, Upshur County still struggles. (Perry Bennett | West Virginia Legislative Photography)
More than a year after legislation meant to address county jail bill costs went into effect, some county officials on Monday asked state lawmakers to do more to help lower their costs.
West Virginia counties pay the state per inmate per day to house inmates at regional jails. The state budget office calculates the per diem rate using the three-year average cost of housing an inmate. The current per diem rate is $67.27 per inmate.
In 2022, jail bills cost the state’s 55 counties a total of $45 million , with many local governments listing the charge as their largest annual expense.
House Bill 3552 , which passed during the 2023 legislative session, allows counties to be reimbursed by certain municipalities for up to five days of jail costs for an inmate charged with specific crimes. According to that bill, if counties have fewer than 80% of the beds allotted to them filled, the rate could drop to a discount, which is currently $45.97. If they are more than 120% over capacity for their reserved beds, however, the bill increases to an overage rate, which is currently $68.95.
Speaking before the Legislative Oversight Committee on Regional Jail and Correctional Facility Authority meeting Monday, Berkeley County Commissioner Eddie Gochenour said the legislation has had a significant impact in the county, saving it about $370,000.
But Gochenour said despite the legislation, the jail bill is a burden.
“It’s getting to the point where financially, it’s becoming more and more difficult for us to be able to meet the per diem rates, as suggested, that may be increased,” Gochenour said.
He said the county has done what it can to lower its jail bill costs, including a day report system and a home confinement system, which save the county approximately $4.95 million annually.
Gochenour said he isn’t sure that counties should be paying the bill. Inmates are charged with state crimes and brought before state magistrates, he said.
“So I just struggle with stuff like that, knowing that we need the dollars for additional public safety, and I’m just asking to be mindful of the counties’ position,” he said.
Bryan Arthur, assistant director for fiscal operations for the state Division of Administrative Services, said while the intent of HB 3552 was to decrease the number of days that counties are billed for, 34 of the state’s 55 counties increased the number of billed days from 2023 to 2024.
“I don’t know that it had the intended impact, at least at that point in time,” Arthur said.
Several large counties, including Kanawha, Jefferson and Putnam, don’t hit 80% of their allotted jail beds, meaning they pay the discounted rate.
Arthur told lawmakers that it actually costs the division about $77 per day per inmate in 2024 dollars to cover daily operating costs.
Arthur said four counties: Webster, Clay, McDowell and Lincoln have accumulated about $10 million in overdue jail costs over the years.
Upshur County Commissioner Kristie Tenney said that despite lawmakers’ effort to address county jail bills, Upshur is still struggling.
“Our tax base has not significantly increased yet, our jail bill budget has more than doubled in Upshur County in the past seven years,” Tenney said. “We just explored various opportunities [to lower jail bills] as well, in Upshur County, such as expanding our home confinement efforts, collaborating with our day report center, working with our prosecuting attorney’s office, our sheriff and our judges. But we still continue to face difficulties without any relief.”
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