Attorney General Opinion No.

The Honorable Lynne Oharah State Representative, 4th District 2120 95th Street Uniontown, Kansas 66779

Dear Representative Oharah:

You request our opinion on the legality of a county assessing a fee on inmates incarcerated in a county jail. You note that the Linn county commissioners passed Resolution No. 06-11 on March 20, 2006 ordering the county sheriff to give notice to each person incarcerated that they would be charged a $40 per day fee, to cover their room and board while being held in the custody of the Linn county sheriff. The charge is to be assessed both pre and post sentence for…