Greeley Criminal Attorney
Do I Have to Pay for My Weld County Jail Stay?

A Colorado sheriff is in trouble for billing inmates for their room and board while incarcerated. Is there a chance that you could pay for your Weld County Jail stay? Find out here!

When a person is accused of a misdemeanor crime in Greeley and Weld County, a potential consequence of a guilty verdict at trial or a plea deal is a sentence to confinement in the Weld County Jail. Whether you are charged with a class 3 misdemeanor, like Harassment or Prostitution, a class 2 misdemeanor, like Theft or False Imprisonment, or a class 1 misdemeanor like Obstruction of a Telephone Service or Unlawful Sexual Contact, a conviction could mean a stay in jail from 1 day to 2 years depending on the crime. But, do you have to pay for your stay? Let’s find out.

Pay Cost of Care for a Sentence to the Morgan or Logan County Jail?

Recently, a grand jury made a finding against the jail in Leadville, Colorado because the sheriff billed inmates for their housing and meals. Now, this is actually legal. According to C.R.S.  18-1.3-701(4), the court can order a person to cover the ‘cost of care’ for a Morgan County Jail, Logan County probation, or Colorado Department of Corrections sentence. The law defines ‘cost of care’ as:

the cost to the department or the local government charged with the custody of an offender for providing room, board, clothing, medical care, and other normal living expenses for an offender confined to a jail or correctional facility, or any costs associated with maintaining an offender in a home detention program contracted for by the department of public safety, or the cost of supervision of probation when the offender is granted probation, or the cost of supervision of parole when the offender is placed on parole by the state board of parole, as determined by the court.

Cost of Care Decisions in Weld County Court

So, why did the grand jury make the negative finding against the jail? Well, they were billing inmates without an order from the judge. The sheriff took matters into his own hands and decided he didn’t have to follow the rules and could charge inmates for their meals, room and board. This is something that can be ordered by the judge, however, the judge is supposed to take into consideration your restitution owed, maintenance and child support requirements, and other financial needs before charging you a nightly stay at the worst hotel around.

If you or someone you love has been charged with a misdemeanor crime carrying a potential sentence in jail, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule your free consultation. Together, we can protect your future.

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