Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 157 (2018GS)

Sponsor

Rep. Potter, V.

Final action

Governor Signed 3/21/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• amends the definition of "treatment program" to include alternative treatment programs related to vocational training or cognitive behavioral therapy;
• establishes the daily compensation rate to be paid to a county for treatment beds dedicated to state inmates receiving alternative treatment in a county facility; and
• makes technical changes.

Every vote on this bill

Bill text

JUSTICE REINVESTMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val K. Potter
Senate Sponsor: 
Lyle W. Hillyard
LONG TITLE
General Description:
This bill establishes the daily compensation rate for treatment beds in county facilities
offering alternative treatment programs.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ amends the definition of "treatment program" to include alternative treatment
programs related to vocational training or cognitive behavioral therapy;
▸ establishes the daily compensation rate to be paid to a county for treatment beds
dedicated to state inmates receiving alternative treatment in a county facility; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
64-13e-102
, as last amended by Laws of Utah 2011, Chapter 93
64-13e-103
, as last amended by Laws of Utah 2017, Chapter 302
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
64-13e-102
 is amended to read:
64-13e-102.
Definitions.
As used in this chapter:
(1) "Actual state daily incarceration rate" means the daily incarceration rate that reflects
the actual expenses of the department, including:
(a) executive overhead;
(b) administrative overhead;
(c) transportation overhead;
(d) division overhead;
(e) motor pool expenses;
(f) medical expenses;
(g) mental health expenses;
(h) dental expenses;
(i) straight line capital depreciation, over a 40-year period, for prison facilities of the
department; and
(j) expenses for treatment, including substance abuse treatment, alcohol abuse
treatment, [
and
] sex offender treatment
, and alternative treatment
.
(2) "Alternative treatment" means:
(a) evidence-based cognitive behavioral therapy; or
(b) a certificate-based program provided by a Utah technical college, as defined in
Subsection 
53B-26-102
(8).
[
(2)
] 
(3)
 "CCJJ" means the Utah Commission on Criminal and Juvenile Justice, created
in Section 
63M-7-201
.
[
(3)
] 
(4)
 "Department" means the Department of Corrections.
[
(4)
] 
(5)
 "Division of Finance" means the Division of Finance, created in Section
63A-3-101
.
[
(5)
] 
(6)
 "Final state daily incarceration rate" means the average actual state daily
incarceration rate, calculated, reviewed, and discussed under Section 
64-13e-105
, and approved
by the Legislature under Subsection 
64-13e-105
(3).
[
(6)
] 
(7)
 "State inmate" means [
a person
] 
an individual
, other than a state probationary
inmate or state parole inmate, who is committed to the custody of the department.
[
(7)
] 
(8)
 "State parole inmate" means [
a person
] 
an individual
 who is:
(a) on parole, as defined in Section 
77-27-1
; and
(b) housed in a county jail for a reason related to the [
person's
] 
individual's
 parole.
[
(8)
] 
(9)
 "State probationary inmate" means a felony probationer sentenced to time in a
county jail under Subsection 
77-18-1
(8).
[
(9)
] 
(10)
 "Treatment program" means:
(a) an alcohol treatment program;
(b) a substance abuse treatment program; [
or
]
(c) a sex offender treatment program[
.
]
; or
(d) an alternative treatment program.
Section 2. 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) 
except as provided in Subsection (3)(a)(ii),
 89% of the final state daily incarceration
rate for beds in a county that, pursuant to the contract, are dedicated to a treatment program [
to
]
for
 state inmates, if the treatment program is approved by the department under Subsection
(3)(c); [
and
]
(ii) 81% of the final state daily incarceration rate for beds in a county that, pursuant to
the contract, are dedicated to an alternative treatment program for state inmates, if the
alternative treatment program is approved by the department under Subsection (3)(c); and
[
(ii)
] 
(iii)
 73% of the final state daily incarceration rate for beds in a county other than
the beds described in [
Subsection
] 
Subsections
 (3)(a)(i) 
and (ii)
.
(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) 
or (ii)
; 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) 
or (ii)
.
(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) 
or (ii)
, 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) 
or (ii)
; 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.