Billing Other Counties for Custody Costs for Minors

Position Paper

Position: When minors are arrested in other than the minor’s home county, then following guidelines for sharing detention costs to the home county by the host county shall apply:

Placements: If the county of jurisdiction asks the host county to file a petition on a minor who is in placement in the host county, the county of jurisdiction shall pay for detention after three calendar days. If the violation is a technical violation, or “placement failure”, the county of jurisdiction is to pick up the minor within three calendar days or the placing county will be billed for the costs of detention after three calendar days.

Warrants: The county issuing the warrant will pay costs of detention after five calendar days.

Transient wards: (Wards not placed in the county where the violation occurs). If a ward of the court commits a technical violation in another county, the county of jurisdiction will pick the ward up or arrange for other transportation within three calendar days. If a ward commits a new offense, and the county of jurisdiction asks the host county to file, the county of jurisdiction pays after three calendar days.

Mandatory referrals to the Prosecuting Attorney: In cases where the offense committed is one requiring mandatory referral to the DA, and the host county Prosecuting Attorney decides to file, the host county is responsible for the costs of detention. If the decision is made not to file, the home county has three calendar days from notification of this decision to pick up the minor. Charges will accrue after three calendar days.

Discussion: It is recognized that local DA’s may desire to file on certain out of county wards for a number of reasons, which is, of course, their prerogative. Also, the list of mandatory filings or offense which must be referred to the DA continues to grow.