Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 218 (2016GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals language regarding work release programs, including reference to trusty status;
• eliminates a report to the Commission on Criminal and Juvenile Justice regarding the effectiveness of sex offender treatment;
• eliminates a report from the Commission on Criminal and Juvenile Justice to the Judiciary Interim Committee regarding the sex offender treatment program; and
• makes technical changes to reflect current practices of the Department of Corrections.

Every vote on this bill

Bill text

DEPARTMENT OF CORRECTIONS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
Paul Ray
LONG TITLE
General Description:
This bill modifies Title 17, Counties, and Title 64, State Institutions, regarding the
Department of Corrections.
Highlighted Provisions:
This bill:
▸ repeals language regarding work release programs, including reference to trusty
status;
▸ eliminates a report to the Commission on Criminal and Juvenile Justice regarding
the effectiveness of sex offender treatment;
▸ eliminates a report from the Commission on Criminal and Juvenile Justice to the
Judiciary Interim Committee regarding the sex offender treatment program; and
▸ makes technical changes to reflect current practices of the Department of
Corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-50-319
, as last amended by Laws of Utah 2011, Chapter 64
64-13-1
, as last amended by Laws of Utah 2015, Chapter 412
64-13-2
, as last amended by Laws of Utah 1990, Chapter 183
64-13-6
, as last amended by Laws of Utah 2015, Chapter 412
64-13-7
, as last amended by Laws of Utah 1987, Chapter 116
64-13-30
, as last amended by Laws of Utah 2010, Chapter 386
REPEALS:
64-13-14.6
, as last amended by Laws of Utah 2004, Chapter 274
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-50-319
 is amended to read:
17-50-319.
County charges enumerated.
(1) County charges are:
(a) those incurred against the county by any law;
(b) the necessary expenses of the county attorney or district attorney incurred in
criminal cases arising in the county, and all other expenses necessarily incurred by the county
or district attorney in the prosecution of criminal cases, except jury and witness fees;
(c) medical care as described in Section 
17-22-8
, and other expenses necessarily
incurred in the support of persons charged with or convicted of a criminal offense and
committed to the county jail, except as provided in Subsection (2);
(d) for a county not within the state district court administrative system, the sum
required by law to be paid jurors in civil cases;
(e) all charges and accounts for services rendered by any justice court judge for
services in the trial and examination of persons charged with a criminal offense not otherwise
provided for by law;
(f) the contingent expenses necessarily incurred for the use and benefit of the county;
(g) every other sum directed by law to be raised for any county purposes under the
direction of the county legislative body or declared a county charge;
(h) the fees of constables for services rendered in criminal cases;
(i) the necessary expenses of the sheriff and deputies incurred in civil and criminal
cases arising in the county, and all other expenses necessarily incurred by the sheriff and
deputies in performing the duties imposed upon them by law;
(j) the sums required by law to be paid by the county to jurors and witnesses serving at
inquests and in criminal cases in justice courts; and
(k) subject to Subsection (2), expenses incurred by a health care facility or provider in
providing medical services, treatment, hospitalization, or related transportation, at the request
of a county sheriff for:
(i) persons booked into a county jail on a charge of a criminal offense; or
(ii) persons convicted of a criminal offense and committed to a county jail.
(2) (a) Expenses described in Subsections (1)(c) and (1)(k) are a charge to the county
only to the extent that they exceed any private insurance in effect that covers those expenses.
(b) [
Subject to the priorities for payment under Subsection 
64-13-30
(1), the
] 
The
county may collect costs of medical care, treatment, hospitalization, and related transportation
provided to the person described in Subsection (1)(k) who has the resources or the ability to
pay[
.
]
, subject to the following priorities for payment:
(i) first priority shall be given to restitution; and
(ii) second priority shall be given to family support obligations.
(c) A county may seek reimbursement from a person described in Subsection (1)(k) for
expenses incurred by the county in behalf of the inmate for medical care, treatment,
hospitalization, or related transportation by:
(i) deducting the cost from the inmate's cash account on deposit with the detention
facility during the inmate's incarceration or during a subsequent incarceration if the subsequent
incarceration occurs within the same county and the incarceration is within 10 years of the date
of the expense in behalf of the inmate;
(ii) placing a lien for the amount of the expense against the inmate's personal property
held by the jail; and
(iii) adding the amount of expenses incurred to any other amount owed by the inmate
to the jail upon the inmate's release, as allowed under Subsection 
76-3-201
(6)(a).
(d) An inmate who receives medical care, treatment, hospitalization, or related
transportation shall cooperate with the jail facility seeking payment or reimbursement under
this section for the inmate's expenses.
(e) If there is no contract between a county jail and a health care facility or provider
that establishes a fee schedule for medical services rendered, expenses under Subsection (1)(k)
shall be commensurate with:
(i) for a health care facility, the current noncapitated state Medicaid rates; and
(ii) for a health care provider, 65% of the amount that would be paid to the health care
provider:
(A) under the Public Employees' Benefit and Insurance Program, created in Section
49-20-103
; and
(B) if the person receiving the medical service were a covered employee under the
Public Employees' Benefit and Insurance Program.
(f) Subsection (1)(k) does not apply to expenses of a person held at the jail at the
request of an agency of the United States.
(g) A county that receives information from the Public Employees' Benefit and
Insurance Program to enable the county to calculate the amount to be paid to a health care
provider under Subsection (2)(e)(ii) shall keep that information confidential.
Section 2. Section 
64-13-1
 is amended to read:
64-13-1.
Definitions.
As used in this chapter:
(1) "Case action plan" means a document developed by the Department of Corrections
that identifies the program priorities for the treatment of the offender, including the criminal
risk factors as determined by a risk and needs assessment conducted by the department.
(2) "Community correctional center" means a nonsecure correctional facility operated[
:
(a)
] by the department[
; or
]
.
[
(b) under a contract with the department.
]
(3) "Correctional facility" means any facility operated to house offenders, either in a
secure or nonsecure setting:
(a) by the department; or
(b) under a contract with the department.
(4) "Criminal risk factors" means a person's characteristics and behaviors that:
(a) affect that person's risk of engaging in criminal behavior; and
(b) are diminished when addressed by effective treatment, supervision, and other
support resources, resulting in a reduced risk of criminal behavior.
(5) "Department" means the Department of Corrections.
(6) "Emergency" means any riot, disturbance, homicide, inmate violence occurring in
any correctional facility, or any situation that presents immediate danger to the safety, security,
and control of the department.
(7) "Executive director" means the executive director of the Department of
Corrections.
(8) "Inmate" means any person who is committed to the custody of the department and
who is housed at a correctional facility or at a county jail at the request of the department.
(9) "Offender" means any person who has been convicted of a crime for which he may
be committed to the custody of the department and is at least one of the following:
(a) committed to the custody of the department;
(b) on probation; or
(c) on parole.
(10) "Risk and needs assessment" means an actuarial tool validated on criminal
offenders that determines:
(a) an individual's risk of reoffending; and
(b) the criminal risk factors that, when addressed, reduce the individual's risk of
reoffending.
(11) "Secure correctional facility" means any prison, penitentiary, or other institution
operated by the department or under contract for the confinement of offenders, where force
may be used to restrain them if they attempt to leave the institution without authorization.
Section 3. Section 
64-13-2
 is amended to read:
64-13-2.
Creation of department.
There is created a Department of Corrections, under the general supervision of the
executive director of the department. The department is the state authority for corrections [
and
assumes all powers and responsibilities formerly vested in the Board of Corrections and the
Division of Corrections in the Department of Human Services
].
Section 4. Section 
64-13-6
 is amended to read:
64-13-6.
Department duties.
(1) The department shall:
(a) protect the public through institutional care and confinement, and supervision in the
community of offenders where appropriate;
(b) implement court-ordered punishment of offenders;
(c) provide program opportunities for offenders;
(d) provide treatment for sex offenders who are found to be treatable based upon
criteria developed by the department;
(e) provide the results of ongoing assessment of sex offenders and objective diagnostic
testing to sentencing and release authorities;
(f) manage programs that take into account the needs and interests of victims, where
reasonable;
(g) supervise probationers and parolees as directed by statute and implemented by the
courts and the Board of Pardons and Parole;
(h) subject to Subsection (2), investigate criminal conduct involving offenders
incarcerated in a state correctional facility;
(i) cooperate and exchange information with other state, local, and federal law
enforcement agencies to achieve greater success in prevention and detection of crime and
apprehension of criminals;
(j) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
Offender Supervision; and
(k) establish a case action plan for each offender as follows:
(i) if an offender is to be supervised in the community, the case action plan shall be
established for the offender not more than 90 days after supervision by the department begins;
and
(ii) if the offender is committed to the custody of the department, the case action plan
shall be established for the offender not more than 120 days after the commitment.
(2) The department may in the course of supervising probationers and parolees:
(a) impose graduated sanctions, as established by the Utah Sentencing Commission
under Subsection 
63M-7-404
(6), for an individual's violation of one or more terms of the
probation or parole; and
(b) upon approval by the court or the Board of Pardons and Parole, impose as a
sanction for an individual's violation of the terms of probation or parole a period of
incarceration of not more than three consecutive days and not more than a total of five days
within a period of 30 days.
(3) (a) By following the procedures in Subsection (3)(b), the department may
investigate the following occurrences at state correctional facilities:
(i) criminal conduct of departmental employees;
(ii) felony crimes resulting in serious bodily injury;
(iii) death of any person; or
(iv) aggravated kidnaping.
(b) Prior to investigating any occurrence specified in Subsection (3)(a), the department
shall:
(i) notify the sheriff or other appropriate law enforcement agency promptly after
ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) has
occurred; and
(ii) obtain consent of the sheriff or other appropriate law enforcement agency to
conduct an investigation involving an occurrence specified in Subsection (3)(a).
(4) Upon request, the department shall provide copies of investigative reports of
criminal conduct to the sheriff or other appropriate law enforcement agencies.
[
(5) The department shall provide data to the Commission on Criminal and Juvenile
Justice to show the criteria for determining sex offender treatability, the implementation and
effectiveness of sex offender treatment, and the results of ongoing assessment and objective
diagnostic testing. The Commission on Criminal and Juvenile Justice shall then report these
data in writing to the Judiciary Interim Committee, if requested by the committee, and to the
appropriate appropriations subcommittee annually.
]
[
(6)
] 
(5)
 The Department of Corrections shall collect accounts receivable ordered by
the district court as a result of prosecution for a criminal offense according to the requirements
and during the time periods established in Subsection 
77-18-1
(9).
Section 5. Section 
64-13-7
 is amended to read:
64-13-7.
Offenders in custody of department.
All offenders committed for incarceration in a state correctional facility[
,
] 
or
 for
supervision on probation or parole, [
or for evaluation,
] shall be placed in the custody of the
department. The department shall establish procedures and is responsible for the appropriate
assignment or transfer of public offenders to facilities or programs.
Section 6. Section 
64-13-30
 is amended to read:
64-13-30.
Expenses incurred by offenders -- Payment to department or county
jail -- Medical care expenses and copayments.
[
(1) (a) The department shall establish and collect from each offender on a work
release program the reasonable costs of the offender's maintenance, transportation, and
incidental expenses incurred by the department on behalf of the offender.
]
[
(b) Priority shall be given to restitution and family support obligations.
]
[
(c) The offender's reimbursement to the department for the cost of obtaining the
offender's DNA specimen under Section 
53-10-404
 is the next priority after Subsection (1)(b).
]
[
(2) The department, under its rules, may advance funds to any offender as necessary to
establish the offender in a work release program.
]
[
(3)
] 
(1)
 (a) The department or county jail may require an inmate to make a copayment
for medical and dental services provided by the department or county jail.
(b) For services provided while in the custody of the department, the copayment by the
inmate is $5 for primary medical care, $5 for dental care, and $2 for prescription medication.
(c) For services provided outside of a prison facility while in the custody of the
department, the offender is responsible for 10% of the costs associated with hospital care with
a cap on an inmate's share of hospital care expenses not to exceed $2,000 per fiscal year.
[
(4)
] 
(2)
 (a) An inmate who has assets exceeding $200,000, as determined by the
department upon entry into the department's custody, is responsible to pay the costs of all
medical and dental care up to 20% of the inmate's total determined asset value.
(b) After an inmate has received medical and dental care equal to 20% of the inmate's
total asset value, the inmate is subject to the copayments provided in Subsection [
(3)
] 
(1)
.
[
(5)
] 
(3)
 The department shall turn over to the Office of State Debt Collection any debt
under this section that is unpaid at the time the offender is released from parole.
[
(6)
] 
(4)
 An inmate may not be denied medical treatment if the inmate is unable to pay
for the treatment because of inadequate financial resources.
[
(7)
] 
(5)
 When an offender in the custody of the department receives medical care that
is provided outside of a prison facility, the department shall pay the costs:
(a) at the contracted rate; or
(b) (i) if there is no contract between the department and a health care facility that
establishes a fee schedule for medical services rendered, expenses shall be at the noncapitated
state Medicaid rate in effect at the time the service was provided; and
(ii) if there is no contract between the department and a health care provider that
establishes a fee schedule for medical services rendered, expenses shall be 65% of the amount
that would be paid under the Public Employees' Benefit and Insurance Program, created in
Section 
49-20-103
.
[
(8)
] 
(6)
 Expenses described in Subsection [
(7)
] 
(5)
 are a cost to the department only to
the extent that they exceed an offender's private insurance that is in effect at the time of the
service and that covers those expenses.
[
(9)
] 
(7)
 (a) The Public Employees' Benefit and Insurance Program shall provide
information to the department that enables the department to calculate the amount to be paid to
a health care provider under Subsection [
(7)
] 
(5)
(b).
(b) The department shall ensure that information provided under Subsection [
(9)
] 
(7)
(a)
is confidential.
Section 7. 
Repealer.
This bill repeals:
Section 
64-13-14.6
,
Inmate trusty status.