(Radio Iowa) – A report by the State Ombudsman’s Office found that some county jails were not following Iowa law by taking money directly out of inmate commissary accounts for medical care. Ombudsman Bernardo Granwehr says Iowa law requires jails to go through the courts to recoup these co-pays.   “This is not a money maker for jails it’s really a drop in the bucket compared to the services provided,” he says.

Granwehr says this practice violates the prisoner’s due process rights.  “We’re calling for the Department of Corrections to make a change. We had a constructive dialogue with the department and they understand what the problem is so we want to encourage them to take the step of amending the rule that is causing the confusion,”Granwehr says.

Bernardo Granwehr State Ombudsman in Iowa

Jails can charge adult inmates for medical services if they are convicted of a crime or sentenced for contempt of court for violating a domestic abuse order. But they still have to seek that money through the courts. They cannot remove it directly from a commissary account. The Ombudsman has attempted to bring jails in Wapello, Scott, and O’Brien counties into compliance with state law. But as of its release, those jails had not changed their policy.