SIOUX CITY (KTIV) – Two northwest Iowa jails were found to not be in compliance with state law. KTIV in Sioux City reports the O’Brien and Woodbury County jails failed to follow the law with regard to recouping medical costs from inmates. Officials say O’Brien County was taking money for medical expenses before inmates were convicted. As for Woodbury County, its violation included not filing a claim for reimbursement before taking the funds.

Sheriffs say there’s confusion about what state law, the part passed by lawmakers, and the state administrative code, drafted by the executive branch, allow them to do. But both Woodbury and O’Brien County sheriffs say taxpayers will end up picking up more inmate medical bills because it’s often not practical to pursue them in court.

Iowa Ombudsman Bernado Granwehr says jails across the state weren’t upholding the rights of inmates when it comes to medical expenses, by pulling the money directly from inmates’ accounts. The state’s ombudsman’s report says only inmates convicted of a crime can be charged medical expenses, and even once convicted, that can only happen after filing a claim in court.

O’Brien County Sheriff Bruce Devereaux says his jail used to take money from inmates’ commissary accounts – up to 25% – to pay for medical expenses so those costs wouldn’t fall on the taxpayer. The ombudsman notes the problem – the administrative code says inmates are responsible for their medical bills – while the state law only concerns post-conviction inmates and requires a separate court process. Either way, he says constitutional rights have to be respected.

The ombudsman’s report also looked into how jails were charging inmates for “room and board.” Again, that’s something they can only charge if the person is ultimately convicted. Both Woodbury and O’Brien Counties are in compliance in that regard.