Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 236 Second Substitute (2020GS)

Sponsor

Sen. Anderegg, J.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• modifies the formula used to calculate the rate at which the state pays a correctional facility for housing state inmates under various circumstances; and
• makes technical changes.

Every vote on this bill

Bill text

JAIL CONTRACTING AND REIMBURSEMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
House Sponsor: 
Eric K. Hutchings
LONG TITLE
General Description:
This bill modifies provisions related to jail contract and reimbursement rates.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies the formula used to calculate the rate at which the state pays a correctional
facility for housing state inmates under various circumstances; 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 2018, Chapter 374
64-13e-103
, as last amended by Laws of Utah 2018, Chapters 250 and 374
64-13e-104
, as last amended by Laws of Utah 2015, Chapters 412 and 425
64-13e-105
, as last amended by Laws of Utah 2014, Chapter 436
ENACTS:
64-13e-103.1
, Utah Code Annotated 1953
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 county daily incarceration rate" means the median amount of jail daily
incarceration costs based on the data submitted by counties in accordance with Section
64-13e-104
(6)(b).
[
(1)
] 
(2)
 "Actual state daily incarceration rate" means the 
average
 daily incarceration
rate
, calculated by the department based on the previous three fiscal years,
 that reflects the
[
actual expenses of
] 
following expenses incurred by
 the department[
, including
] 
for housing an
inmate
:
(a) executive overhead;
(b) administrative overhead;
(c) transportation overhead;
(d) division overhead; 
and
(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, sex offender treatment, and alternative treatment.
]
[
(2)
] 
(3)
 "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).
(4) "Annual inmate jail days" means the total number of state probationary inmates
housed in a county jail each day for the preceding fiscal year.
[
(3)
] 
(5)
 "CCJJ" means the Utah Commission on Criminal and Juvenile Justice, created
in Section 
63M-7-201
.
[
(4)
] 
(6)
 "Department" means the Department of Corrections.
[
(5)
] 
(7)
 "Division of Finance" means the Division of Finance, created in Section
63A-3-101
.
[
(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).
]
(8) "Final county daily incarceration rate" means the amount equal to:
(a) the amount appropriated by the Legislature for the purpose of making payments to
counties under Section 
64-13e-104
; divided by
(b) the average annual inmate jail days for the preceding five fiscal years.
(9) "Jail daily incarceration costs" means the following daily costs incurred by a county
jail for housing a state probationary inmate on behalf of the department:
(a) executive overhead;
(b) administrative overhead;
(c) transportation overhead;
(d) division overhead; and
(e) motor pool expenses.
[
(7)
] 
(10)
 "State inmate" means an individual, other than a state probationary inmate or
state parole inmate, who is committed to the custody of the department.
[
(8)
] 
(11)
 "State parole inmate" means 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 individual's parole.
[
(9)
] 
(12)
 "State probationary inmate" means a felony probationer sentenced to time in
a county jail under Subsection 
77-18-1
(8).
[
(10)
] 
(13)
 "Treatment program" means:
(a) an alcohol treatment program;
(b) a substance abuse treatment program;
(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), [
91.75%
] 
83.19%
 of the [
final
] 
actual
state daily incarceration rate for beds in a county that, pursuant to the contract, are dedicated to
a treatment program for state inmates, if the treatment program is approved by the department
under Subsection (3)(c);
(ii) [
81% of the final
] 
74.18% of the actual
 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
(iii) [
73% of the final
] 
66.23% of the actual
 state daily incarceration rate for beds in a
county other than the beds described in 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;
]
(b) the daily rate at which the county is paid to house a state inmate;
(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.
Section 3. Section 
64-13e-103.1
 is enacted to read:
 64-13e-103.1.
Calculating the actual state incarceration rate.
(1) Before September 15 of each year, the department shall calculate, and inform each
county and CCJJ of the actual state daily incarceration rate.
(2) The actual state daily incarceration rate may not be less than the rate presented to
the Executive Appropriations Committee of the Legislature for purposes of setting the
appropriation for the department's budget.
Section 4. Section 
64-13e-104
 is amended to read:
64-13e-104.
Housing of state probationary inmates or state parole inmates --
Payments.
(1) (a) A county shall accept and house a state probationary inmate or a state parole
inmate in a county correctional facility, subject to available resources.
(b) A county may release a number of inmates from a county correctional facility, but
not to exceed the number of state probationary inmates in excess of the number of inmates
funded by the appropriation authorized in Subsection (2) if:
(i) the state does not fully comply with the provisions of Subsection (9) for the most
current fiscal year; or
(ii) funds appropriated by the Legislature for this purpose are less than 50% of the
[
average actual state
] 
actual county
 daily incarceration rate.
(2) Within funds appropriated by the Legislature for this purpose, the Division of
Finance shall pay a county that houses a state probationary inmate or a state parole inmate at a
rate of [
50% of the final state
] 
56.88% of the actual county
 daily incarceration rate.
(3) Funds appropriated by the Legislature under Subsection (2):
(a) are nonlapsing;
(b) may only be used for the purposes described in Subsection (2) and Subsection (10);
and
(c) may not be used for:
(i) the costs of administering the payment described in this section; or
(ii) payment of contract costs under Section 
64-13e-103
.
(4) The costs described in Subsection (3)(c)(i) shall be covered by legislative
appropriation.
(5) (a) The Division of Finance shall administer the payment described in Subsection
(2) and Subsection (10).
(b) In accordance with Subsection (9), CCJJ shall, by rule made pursuant to Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, establish procedures for [
the calculation of
the payment described in Subsection (2) and Subsection (10)
] 
collecting data from counties for
the purpose of completing the calculations described in this section
.
(c) Notwithstanding any other provision of this section, CCJJ shall adjust the amount
of the payments described in Subsection (7)(b), on a pro rata basis, to ensure that the total
amount of the payments made does not exceed the amount appropriated by the Legislature for
the payments.
(6) [
Counties that receive
] 
Each county that receives
 the payment described in
Subsection (2) and Subsection (10) shall[
,
]
:
(a)
 on at least a monthly basis, submit a report to CCJJ that includes:
[
(a)
] 
(i)
 the number of state probationary inmates and state parole inmates the county
housed under this section;
[
(b)
] 
(ii)
 the total number of state probationary inmate days of incarceration and state
parole inmate days of incarceration that were provided by the county;
[
(c)
] 
(iii)
 the total number of offenders housed pursuant to Subsection 
64-13-21
(2)(b);
and
[
(d)
] 
(iv)
 the total number of days of incarceration of offenders housed pursuant to
Subsection 
64-13-21
(2)(b)[
.
]
; and
(b) before September 15 of every third year beginning in 2022, calculate and inform
CCJJ of the county's jail daily incarceration costs for the preceding fiscal year.
(7) (a) On or before September 30 of each year, CCJJ shall
:
(i)
 compile the information from the reports described in Subsection (6)
(a)
 that relate
to the preceding state fiscal year and provide a copy of the compilation to each county that
submitted a report[
.
]
; and
(ii) calculate:
(A) the actual county incarceration rate, based on the most recent year that data was
reported in accordance with Subsection (6)(b); and
(B) the final county incarceration rate.
(b) On or before October 15 of each year, CCJJ shall inform the Division of Finance
and each county of
:
(i) the actual county incarceration rate;
(ii) the final county incarceration rate; and
(iii)
 the exact amount of the payment described in this section that shall be made to
each county.
(8) On or before December 15 of each year, the Division of Finance shall distribute the
payment described in Subsection (7)(b) in a single payment to each county.
(9) (a) The amount paid to each county under Subsection (8) shall be calculated on a
pro rata basis, based on the average number of state probationary inmate days of incarceration
and the average state parole inmate days of incarceration that were provided by each county for
the preceding five state fiscal years; and
(b) if funds are available, the total number of days of incarceration of offenders housed
pursuant to Subsection 
64-13-21
(2)(b).
(10) If funds appropriated under Subsection (2) remain after payments are made
pursuant to Subsection (8), the Division of Finance shall pay a county that houses in its jail a
person convicted of a felony who is on probation or parole and who is incarcerated pursuant to
Subsection 
64-13-21
(2)(b) on a pro rata basis not to exceed 50% of the [
final state
] 
actual
county
 daily incarceration rate.
Section 5. Section 
64-13e-105
 is amended to read:
64-13e-105.
Meeting to discuss daily incarceration rates.
[
(1) (a) Before September 15 of each year, the department shall calculate, and inform
the counties and CCJJ of the average actual state daily incarceration rate for the most recent
three years for which the data is available.
]
[
(b) The actual state daily incarceration rates used to calculate the average rate
described in Subsection (1)(a) may not be less than the rates presented to the Executive
Appropriations Committee of the Legislature for purposes of setting the appropriation for the
department's budget.
]
[
(2)
] 
(1)
 Before September 30 of each year, [
the following parties
] 
the individuals
described in Subsection (2)
 shall meet to review and discuss
:
(a)
 the [
average
] actual state daily incarceration rate, described in [
Subsection (1) and
]
Section 
64-13e-103.5
;
(b) the actual county daily incarceration rate; and
(c)
 the compilation described in Subsection 
64-13e-104
(7)[
:
]
.
(2) The following individuals shall meet in accordance with Subsection (1):
(a) as designated by the Utah Sheriffs Association:
(i) one sheriff of a county that is currently under contract with the department to house
state inmates; and
(ii) one sheriff of a county that is currently receiving reimbursement from the
department for housing state probationary inmates or state parole inmates;
(b) the executive director of the department or the executive director's designee;
(c) as designated by the Utah Association of Counties:
(i) one member of the legislative body of one county that is currently under contract
with the department to house state inmates; and
(ii) one member of the legislative body of one county that is currently receiving
reimbursement from the department for housing state probationary inmates or state parole
inmates;
(d) the executive director of the Commission on Criminal and Juvenile Justice or the
executive director's designee; and
(e) the executive director of the Governor's Office of Management and Budget or the
executive director's designee.
[
(3) (a) The average actual state daily incarceration rate, reviewed and discussed under
Subsection (2), may not be used for purposes of calculating payment or reimbursement under
this chapter, unless approved by the Legislature in the annual appropriations act.
]
[
(b) Nothing in this chapter prohibits the Legislature from setting the final state daily
incarceration rate at an amount higher or lower than:
]
[
(i) the average actual state incarceration rate; or
]
[
(ii) the final state daily incarceration rate that was used during the preceding fiscal
year.
]