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Iowa jails ordered to address inmate medical charge policies

In a new report, the State says some county jails like Scott County's should not charge inmates for medical care until they're convicted of a crime.

DAVENPORT, Iowa — The State of Iowa is telling county jails they can't charge inmates for medical costs before they are convicted of a crime. The recommendation comes from the ombudsman's office in a March 21 investigative report.

The report focused on four county jails, including Scott County. The ombudsman's office has been looking into complaints from inmates since 2016 after receiving complaints about being charged for medical co-pays.

State ombudsman Brenardo Granwehr explained that some county jails are still following the Iowa Administrative Code, which puts the obligation for medical expenses on the inmate, but that does not match the current state laws. "The law regarding when you can charge unconvicted inmates changed back in 2006," Granwehr said.

State law requires jails to provide inmates care for serious medical and dental needs, and that county sheriffs can charge fees to inmates only if they are convicted, and after a bill of costs is presented to a court and approved.

"We're not saying jails should not recoup their costs, only that they they should follow the process set forth in Iowa law," Granwehr said.

The report notes that in a 12-month period from 2021 to 2022, Scott County spent around $368,000 on medical care for inmates. The county only charged inmates around $7,400 for co-pays. It only managed to collect around $2,900.

"It really isn't so much about the money as as you can see — it's a pretty small amount — as it is inmate rights and following the law," Granwehr said.

While the report said Scott County Jail isn't changing its policy yet, Granwehr is confident his office is making progress. "I believe this public report will be a really good opportunity to kind of get the ball rolling on this issue again," he said.

News 8 reached out to Scott County Sheriff Tim Lane, who is in charge of the county jail. He provided the following statement: 

"Inmates in the Scott County Jail receive medical attention from employees of the Scott County Health Department.  At this time it is agreed to abide by the opinion of the State Ombudsman’s Office in regards to charging unsentenced inmates for their healthcare.  It has been known for a long time that many counties were handling healthcare costs differently and did not have a clear perspective of what state law was requiring.  This opinion provides that clarity.  I would now like to see a law change that allows for charging inmates for at least a portion of the cost of providing health care in the jail to alleviate some of the cost to the taxpayer."

The report does include a letter from the Iowa Department of Corrections, saying it will bring up the issue with the Iowa State Sheriffs and Deputies Association

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