OPINION ISSUED NOVEMBER 1, 2000
McDOWELL COUNTY COMMISSION
DIVISION OF CORRECTIONS
Sidney H. Bell, Prosecuting Attorney, for claimant.
Joy M. Bolling, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the
allegations in the Notice of Claim and respondent's Answer.
Claimant, McDowell County Commission, is responsible for the
incarceration of prisoners whohave committed crimes in McDowell
County, but have been sentenced to facilities owned and maintaine
by respondent, Division of Corrections. Claimant brought this
action to recover $237,039.89 in costs for providing housing and/or
medical care to prisoners who have been sentenced to a State penal
institution, but due to circumstances beyond the control of the
county, these prisoners have had to remain in the custody of the
county for periods of time beyond the date of the commitment order.
The Court previously determined in County Comm'n. of Mineral County
vs. Div. of Corrections, 18 Ct. Cl. 88 (1990), that respondent is
liable to claimant for the cost of housing and providing medical
care to inmates sentenced to a State penal institution.
Pursuant to the holding in Mineral County, respondent reviewed
this claim to determine the invoices for the services for which it
may be liable. Respondent then filed an Answer admitting the
validity of the claim in the amount of $237,039.89.
In view of the foregoing, the Court is of the opinion to and
does make an award to claimant in the amount of $237,039.89.
Award of $237,039.89.