Kentucky’s county jails play a significant role in housing state inmates, a responsibility that can strain county budgets. With rising costs and stagnant reimbursement rates, counties face challenges in maintaining adequate jail facilities and services. This article delves into the county jail per diem, how it’s calculated, and its impact on county budgets.
State inmates in county jails
State inmates are prisoners convicted of a felony and under the jurisdiction of the Kentucky Department of Corrections (DOC). As of November 2024, 36% of state inmates in Kentucky were housed in county jails.
KRS 532.100 requires most Class D felony inmates and some Class C felony inmates to serve their sentence in a county jail. State inmates housed in county jails also include controlled intake (inmates awaiting classification by DOC), parole violators and alternative sentencing participants.
In Kentucky, 74 county jails currently house state inmates: 70 full-service facilities and 4 regional jails. For more information on jail classifications, click here.
From Jan. 1 – Nov. 14, 2024, the average weekly state inmate population in county jails was 7,513. For more information on the state inmate population in county jails, click here.
Per diem reimbursement rate
State law requires that counties receive a per diem fee beginning on the day of sentencing for housing state inmates (KRS 532.100, KRS 431.215).
The per diem reimbursement rate is set in the biennial state budget. Counties currently receive a $35.34 per diem reimbursement from the state for the incarceration of state inmates, of which $33.19 is for housing and $2.15 is for medical costs.
According to the DOC FY2023 Annual Report, DOC reimbursed counties $115 million for housing state inmates in FY2023.
The diem reimbursement rate has not kept pace with inflation, primarily due to its stagnation at $31.34 for 15 years, from FY2008 to FY2022.
The General Assembly provided a $4 increase in the per diem rate beginning in the FY2023-FY2024 state budget, raising the rate to $35.34. In the most recent state budget, the rate remained unchanged at $35.34 for FY2025 and FY2026.
While this increase has provided some relief to counties that house state inmates, a significant funding gap persists. To match the buying power counties had in FY2008, the total per diem rate would need to be $47.32 today, almost $12 higher than today’s rate.
Medical costs have risen at a higher rate than general inflation. The medical portion of the per diem would need to be $3.06 to match the buying power counties had in FY2008 (CPI-U, Medical care). This amount is 91 cents higher than the rate is today.
Additional per diem for programming
KRS 532.100 permits counties to receive a higher per diem rate for providing programming to state inmates. Counties can receive an additional $2 per day for inmates participating in evidence-based programs approved by DOC, provided the programs do not require instructors to have completed postsecondary education. If the program requires instructors to have specific postsecondary qualifications, counties can receive an additional $10 per day.
