Q Is the Sheriffís Department required to accept custody of, and house in the county jail, persons arrested by various law enforcement agencies of the State such as the Bureau of Narcotics, Highway Patrol, and Department of Transportation? May the county charge the arresting agency a per diem for housing the prisoner or a fee for the prisonerís medical care?

A If an individual is arrested in your county for a crime committed in your county by a state law enforcement officer, the individual is incarcerated in the county jail, is prosecuted in the county, and is a county prisoner until such time as he bonds out or is delivered to the custody of the Department of Corrections. No per diem may be charged to the State for a county prisoner. As a county inmate, the county is responsible for the inmateís medical expenses until he bonds out or is delivered to the Department of Corrections, at which time he becomes a state prisoner. (Attorney Generalís Opinion to Nowak, May 8, 2015)