Brown v. County Commissioners

I respectfully dissent because I agree with the conclusion reached by the Attorney General of Maryland in 75 Op. Att’y Gen. 1101 (1990) [Opinion No. 90-034 (July 5, 1990) ]. There the Attorney General ruled that federal Medicaid benefits are not payable to detainees, whether pretrial, during trial, post-verdict, or post-judgment of conviction. Because there is no longer even partial federal reimbursement for inmate medical care, federal reimbursement cannot be a condition precedent to a detainee’s statutory obligation to make restitution.

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