A neighboring town is located part in our county and part in adjoining county. If a jailable Class C offense occurs in our county the defendant is taken to our county jail but the case is heard in the city�s municipal court. All fines and court costs go to the city. The county is not reimbursed from the city for holding the defendant. Can the county bill the city for holding the defendant? Can the county refuse to incarcerate the defendant if the county is not reimbursed?

It has been awhile, but I researched this for our county. As I recall, a jail is one of those things a county has to provide, and a city may. We have an intergov agreement with the city to cover city inmates - but they don't have to agree.

AG opinions MW-52, JM-151, and JM-1009 discuss when a county must accept city prisoners (after being magistrated and committed) and the types of Class C cases they don't have to accept without a contract (certain municipal ordinance violations).