Alabama Attorney General Opinion 1979-0057

THE ATTORNEY GENERAL STATE OF ALABAMA • MONTGOMERY. ALABAMA 36130 02 - 41' ?? 99_ 00052 CHARLES A. CRADDICK ATTORNEY e. Mr. Mac Murphy, Chairman Monroe County Hospital Board P. 0. Box 886 Monroeville, Alabama 36460 Prisons and Prisoners - Counties - Municipalities County pays cost of medical treatment of indigent county prisoners and municipalities pay cost of indigent munici- pal prisoners. Dear Mr. Murphy: Reference is made to your request for an opinion from the Attorney General concerning the following matter: The question has been raised as to who is responsible for payment of medical fees and expenses for county; local and state prisoners. Specifically, Monroe County Hospital recently admitted a county prisoner to its Intensive Care Unit and the question is unclear as to which party, the individual or county or municipality is responsible for payment of these charges. In prior opinions, the Attorney General has ruled that the county is responsible for the welfare and cost of county prisoners and a municipality is liable for the cost and welfare of municipal prisoners. This is true although the municipal prisoners have been housed in the county jail by contract between the city and the county or if county prisoners have been housed in the city jail by contract between the city and the county. These opinions also assumed that the prisoner is indigent and not able to pro- vide for himself that welfare which is needed. Opinions to the CHARLES A. GRADDICK Attorney General By- A F. KNIGHT Assistant Attorney General Mn, Mac"Murphy, Chairman Page 2 Honorable George Allen Desmond, dated April 29, 1977, and to the Honorable William J. Benton, dated April 29, 1977. The opinion to District Attorney Benton said that because the county is liable for the necessary expenses and maintenance of State prisoners housed in county jails, the State reimbursement is paid to the county. Therefore, the municipalities are responsible for the medical expense for indigent municipal prisoners, and the county is responsible for the medical expenses of indigent county prisoners and State prisoners housed in county jails. The county is to receive reimbursement from the State for such expenditures made for State prisoners. If the prisoner himself is able to bear the cost of the medical treatment, he is responsible for the payment of the charges. If our office can be of further assistance, please do not hesitate to contact us. Very truly yours, LFK/sg