AGO 2003-L-10.

• Case Date: February 21, 2003
• Court: North Dakota

North Dakota Attorney General Opinions 2003. AGO 2003-L-10. LETTER OPINION 2003-L-10February 21, 2003Mr. Jeffrey K. Leadbetter Ransom County State's AttorneyPO Box 511Lisbon, ND 58054-0511Dear Mr. Leadbetter: The former Ransom County state's attorney asked whether the state or the county is responsible for the cost of incarcerating a person found in contempt of court for failure to pay child support.(fn1) Specifically, the question was whether the state is liable because the incarceration is related to child support enforcement, which is a civil matter, and because child support enforcement is a "state regulated function." Administration of the child support enforcement program is the responsibility of the counties, subject to the direction and supervision of the North Dakota Department of Human Services. N.D.C.C. § 50-09-02(16); N.D.C.C. § 50-09-03(5). Liability for the costs of incarceration, however, is determined not by the civil nature of the matter, nor by the respective roles of the counties and state in child support enforcement. Rather, it is determined by the Legislature's allocation of the expense of maintaining county correctional facilities.(fn2) This office addressed an analogous question in the past. The Attorney General was asked whether the state was responsible for the confinement costs incurred by the county in a felony criminal case. The Attorney General said:

The responsibility for confinement costs of persons charged with a felony offense rests with the county. N.D.C.C. § 11-10-20 requires the board of county commissioners to provide a jail. In addition, N.D.C.C. § 12-44.1-02(1) requires a county to establish and maintain a jail at county expense or to contract with other counties or cities for jail services or the establishment of a regional correction center.

N.D.A.G. Letter to Baer (Sept. 11, 1985). See also N.D.A.G. 2002-L-04 ("the Legislature has not authorized any procedure for the reimbursement [by a prisoner] of incarceration costs"); N.D.C.C. § 12-44.1 -12.1 (authorizing a correctional facility to assess an inmate or seek reimbursement for certain medical costs). The Attorney General further said:

The duty of a county to establish and maintain a county jail, to provide for jail services, and to insure adequate care of the prisoners within its custody is not dependent upon whether or

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