Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 126 Fourth Substitute (2018GS)

Sponsor

Rep. Peterson, J.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• provides that the Department of Corrections may establish community correctional centers; and
• sets a cap on the number of offenders that may be released to a community correctional center based on population.

Every vote on this bill

Bill text

OFFENDER HOUSING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jeremy A. Peterson
Senate Sponsor: 
David G. Buxton
Cosponsors:
Cheryl K. Acton
Stewart E. Barlow
Susan Duckworth
Rebecca P. Edwards
Justin L. Fawson
Gage Froerer
Craig Hall
Stephen G. Handy
Sandra Hollins
Eric K. Hutchings
Karianne Lisonbee
Kelly B. Miles
Lee B. Perry
Dixon M. Pitcher
Val K. Potter
Paul Ray
Edward H. Redd
Marc K. Roberts
Angela Romero
Scott D. Sandall
Mike Schultz
V. Lowry Snow
Robert M. Spendlove
Norman K. Thurston
Raymond P. Ward
Elizabeth Weight
Mark A. Wheatley
Logan Wilde
Brad R. Wilson
Mike Winder
LONG TITLE
General Description:
This bill creates a process and formula for determining the release of offenders to
community correctional centers.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides that the Department of Corrections may establish community correctional
centers; and
▸ sets a cap on the number of offenders that may be released to a community
correctional center based on population.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
64-13f-101
, Utah Code Annotated 1953
64-13f-102
, Utah Code Annotated 1953
64-13f-103
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
64-13f-101
 is enacted to read:
CHAPTER 13f. COMMUNITY CORRECTIONAL CENTERS
 64-13f-101.
Title.
This chapter is known as "Community Correctional Centers."
Section 2. Section 
64-13f-102
 is enacted to read:
 64-13f-102.
Definitions.
As used in this chapter:
(1) "Base percentage" means the population of a county or county zone as a percentage
of the state population on June 30, 2023, and June 30 of every fifth subsequent year,
determined using:
(a) the most recent United States decennial or special census; or
(b) another method used by the United States or state governments.
(2) "Cap" means the base percentage multiplied by the total number of offenders
housed in community correctional centers throughout the state on June 30, 2023, and June 30
of every fifth subsequent year.
(3) "Community correctional center" means the same as that term is defined in
Subsection 
64-13-1
(2).
(4) "County zone" means the eastern zone, northern zone, or western zone.
(5) "Department" means the Department of Corrections.
(6) (a) "Eastern zone" means, except as provided in Subsection (6)(b), Carbon,
Daggett, Duchesne, Emery, Grand, San Juan, and Uintah counties.
(b) A county with a population of 150,000 or more on the date the base percentage is
determined is not part of the eastern zone.
(7) (a) "Northern zone" means, except as provided in Subsection (7)(b), Box Elder,
Cache, Morgan, Rich, Summit, and Wasatch counties.
(b) A county with a population of 150,000 or more on the date the base percentage is
determined is not part of the northern zone.
(8) "Offender" means the same as that term is defined in Subsection 
64-13-1
(9).
(9) (a) "Western zone" means, except as provided in Subsection (9)(b), Beaver,
Garfield, Tooele, Iron, Juab, Kane, Millard, Piute, Sanpete, Sevier, and Wayne counties.
(b) A county with a population of 150,000 or more on the date the base percentage is
determined is not part of the western zone.
Section 3. Section 
64-13f-103
 is enacted to read:
 64-13f-103.
Establishment of community correctional centers -- Cap --
Rulemaking.
(1) Subject to appropriation by the Legislature, the department may:
(a) establish community correctional centers throughout the state in accordance with
this section;
(b) project the number of offenders that may be released to community correctional
centers throughout the state by September 1, 2023, and September 1 of every fifth subsequent
year; and
(c) establish, by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, a procedure to allocate offenders to community correctional
centers consistent with Subsections (2) and (3) and based on the number of offenders projected
by the department to be released to community correctional centers under Subsection (1)(b).
(2) Except as provided in Subsection (3), after June 30, 2023, the total number of
offenders housed in one or more community correctional centers within a county or county
zone may not exceed the county or county zone's cap by more than 20%.
(3) (a) A county or county zone that exceeds the cap described in Subsection (2) on
July 1, 2023, may continue to exceed the cap until the day on which the county or county zone
first comes into compliance with the cap.
(b) A county or county zone described in Subsection (3)(a) may not exceed the cap
after the day on which the county or county zone first comes into compliance with the cap
described in Subsection (2).
(c) The department shall transfer offenders from a community correctional center in a
county or county zone described in Subsection (3)(a) to a community correctional center in
another county or county zone that does not meet or exceed the cap described in Subsection (2)
until the county or county zone described in Subsection (3)(a) comes into compliance with the
cap.