§ 42-56-38 - Assessment of costs.
SECTION 42-56-38
§ 42-56-38 Assessment of costs. – (a) Each sentenced offender committed to the care, custody or control of thedepartment of corrections shall reimburse the state for the cost or thereasonable portion of the cost incurred by the state relating to thatcommitment; provided, however, that a person committed, awaiting trial and notconvicted, shall not be liable for the reimbursement. Items of cost shallinclude physical services and commodities such as food, medical, clothing andspecialized housing, as well as social services such as specialized supervisionand counseling. Costs shall be assessed by the director of corrections, or hisor her designee, based upon each person's ability to pay, following a publichearing of proposed fee schedules. Each offender's family income and number ofdependents shall be among the factors taken into consideration when determiningability to pay. Moneys received under this section shall be deposited asgeneral revenues. The director shall promulgate rules and regulations necessaryto carry out the provisions of this section. The rules and regulations shallprovide that the financial situation of persons, financially dependent on theperson, be considered prior to the determination of the amount ofreimbursement. This section shall not be effective until the date the rules andregulations are filed with the office of the secretary of state.
(b) Notwithstanding the provision of subsection (a), or anyrule or regulation promulgated by the director, any sentenced offender who isordered or directed to the work release program, shall pay no less than thirtypercent (30%) of his or her gross salary for room and board.