Releasing Jail Inmates to Limit Medical Expenses

The county is generally responsible for the cost of emergency medical care for jail inmates. G.S. 153A-224(b). It’s not always clear what constitutes an emergency, but state regulations include things like “severe bleeding, unconsciousness, serious breathing difficulties, head injury, severe pain, suicidal behavior or severe burns.” 10A N.C. Admin. Code 14J.0101(14). The rules also mention “dental care, chemical dependency, pregnancy and mental health” in a later discussion of emergency medical problems. Id. § 14J.1001(b)(4). Suffice it to say, the definition is broad. If an inmate is insured, the medical provider can bill the insurer first. G.S. 153A-224(b). But many inmates don’t have insurance, leaving the county to foot the bill. With that backdrop in mind, jails understandably look for ways to limit their liability for inmates’ medical expenses. One way they do that is to seek to have an inmate released, either through the unsecuring of a bond or some kind of reduction in sentence. I know many judicial officials have received a late night call asking for an order to allow for a sick inmate’s release. There are some potential problems with that sort of thing. First, the judicial official involved needs to comply with the relevant rules of law and judicial conduct when evaluating any change to the defendant’s bond or sentence. For a pretrial detainee, the prosecutor and the defendant and his or her lawyer would need to be present for a proper hearing in front of the proper judge under the bail article. It would seem that [...]