Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 479 First Substitute (2016GS)

Sponsor

Rep. Noel, M.

Final action

Governor Signed 3/22/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• increases the contract rate for county jail beds that house state inmates and that provide treatment services from 84% to 86% of the average state daily incarceration rate.

Every vote on this bill

Bill text

JAIL CONTRACTING RATE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael E. Noel
Senate Sponsor: 
Ralph Okerlund
LONG TITLE
General Description:
This bill modifies the State Institutions code regarding the jail contracting rate for
county jail beds that provide treatment services for state inmates. 
Highlighted Provisions:
This bill:
▸ increases the contract rate for county jail beds that house state inmates and that
provide treatment services from 84% to 86% of the average state daily incarceration
rate. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
64-13e-103
, as last amended by Laws of Utah 2015, Chapter 271
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
64-13e-103
 is amended to read:
64-13e-103.
Contracts for housing state inmates.
(1) Subject to Subsection (6), the department may contract with a county to house state
inmates in a county or other correctional facility.
(2) The department shall give preference for placement of state inmates, over private
entities, to county correctional facility bed spaces for which the department has contracted
under Subsection (1).
(3) (a) The compensation rate for housing state inmates pursuant to a contract
described in Subsection (1) shall be:
(i) [
84%
] 
86%
 of the final state daily incarceration rate for beds in a county that,
pursuant to the contract, are dedicated to a treatment program to state inmates, if the treatment
program is approved by the department under Subsection (3)(c); and
(ii) 73% of the final state daily incarceration rate for beds in a county other than the
beds described in Subsection (3)(a)(i).
(b) The department shall:
(i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, that establish standards that a treatment program is required to meet before
the treatment program is considered for approval for the purpose of a county receiving payment
based on the rate described in Subsection (3)(a)(i); and
(ii) determine on an annual basis, based on appropriations made by the Legislature for
the contracts described in this section, whether to approve a treatment program that meets the
standards established under Subsection (3)(b)(i), for the purpose of a county receiving payment
based on the rate described in Subsection (3)(a)(i).
(c) The department may not approve a treatment program for the purpose of a county
receiving payment based on the rate described in Subsection (3)(a)(i), unless:
(i) the program meets the standards established under Subsection (3)(b)(i);
(ii) the department determines that the Legislature has appropriated sufficient funds to:
(A) pay the county that provides the treatment program at the rate described in
Subsection (3)(a)(i); and
(B) pay each county that does not provide a treatment program an amount per state
inmate that is not less than the amount per state inmate received for the preceding fiscal year by
a county that did not provide a treatment program; and
(iii) the department determines that the treatment program is needed by the department
at the location where the treatment program will be provided.
(4) Compensation to a county for state inmates incarcerated under this section shall be
made by the department.
(5) Counties that contract with the department under Subsection (1) shall, on or before
June 30 of each year, submit a report to the department that includes:
(a) the number of state inmates the county housed under this section; and
(b) the total number of state inmate days of incarceration that were provided by the
county.
(6) Except as provided under Subsection (7), the department may not enter into a
contract described under Subsection (1), unless the Legislature has previously passed a joint
resolution that includes the following information regarding the proposed contract:
(a) the approximate number of beds to be contracted;
(b) the final state daily incarceration rate;
(c) the approximate amount of the county's long-term debt; and
(d) the repayment time of the debt for the facility where the inmates are to be housed.
(7) The department may enter into a contract with a county government to house
inmates without complying with the approval process described in Subsection (6) only if the
county facility was under construction, or already in existence, on March 16, 2001.
(8) Any resolution passed by the Legislature under Subsection (6) does not bind or
obligate the Legislature or the department regarding the proposed contract.