Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 249 (2021GS)

Sponsor

Sen. Owens, D.R.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• sets a specific amount for the daily jail contracting rate;
• sets a specific amount for the daily jail reimbursement rate;
• caps the number of beds in certain categories;
• creates the Subcommittee on Jail Contracting and Reimbursement within the Commission on Criminal and Juvenile Justice;
• defines the membership of the subcommittee;
• sets responsibilities and study items;
• requires a report to the Law Enforcement and Criminal Justice Interim Committee and the Executive Offices and Criminal Justice Appropriations Subcommittee; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

COUNTY JAILS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
House Sponsor: 
Craig Hall
LONG TITLE
General Description:
This bill sets specific amounts for jail contracting and reimbursement rates and creates
a committee to study the issue.
Highlighted Provisions:
This bill:
▸ sets a specific amount for the daily jail contracting rate;
▸ sets a specific amount for the daily jail reimbursement rate;
▸ caps the number of beds in certain categories;
▸ creates the Subcommittee on Jail Contracting and Reimbursement within the
Commission on Criminal and Juvenile Justice;
▸ defines the membership of the subcommittee;
▸ sets responsibilities and study items;
▸ requires a report to the Law Enforcement and Criminal Justice Interim Committee
and the Executive Offices and Criminal Justice Appropriations Subcommittee; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-2-264
, as renumbered and amended by Laws of Utah 2008, Chapter 382
64-13e-105
, as last amended by Laws of Utah 2020, Chapter 410
ENACTS:
64-13e-103.2
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63I-2-264
 is amended to read:
63I-2-264.
Repeal dates -- Title 64.
(1) Section 
64-13e-103.2
 is repealed June 30, 2024.
Section 2. Section 
64-13e-103.2
 is enacted to read:
 64-13e-103.2.
State daily incarceration rate -- Limits -- Payments to jails.
(1) Notwithstanding Sections 
64-13e-103
 and 
64-13e-103.1
, the actual state daily
incarceration rate shall be $85.27. This rate shall apply to inmates under Section 
64-13e-103
and probationary and parole inmates under Section 
64-13e-104
.
(2) Notwithstanding Subsection 
64-13e-103
(3)(a), the number of jail beds contracted
for shall be 1450 at the base rate of 71.57%, with the exception of:
(a) the beds set aside for Subsection 
64-13e-103
(3)(a)(i) which shall be 434 beds and
shall be reimbursed at 88.53% of the actual state daily incarceration rate; and
(b) the beds set aside for Subsection 
64-13e-103
(3)(a)(ii) which shall be 235 beds and
shall be reimbursed at 79.52% of the actual state daily incarceration rate.
(3) Notwithstanding Subsection 
64-13e-104
(9), the five year average state probationary
or parole inmate days is set at 300,000 days.
(4) Notwithstanding Subsection 64-13e-104(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 actual state daily
incarceration rate.
(5) Expenditures for Section 
64-13e-103
 shall be $35,173,900 annually.
(6) Expenditures for Section 
64-13e-104
 shall be $12,790,700 annually.
Section 3. Section 
64-13e-105
 is amended to read:
64-13e-105.
Subcommittee on Jail Contracting and Reimbursement -- Purpose --
Responsibilities -- Membership.
(1) 
There is created within the Commission on Criminal and Juvenile Justice, the
Subcommittee on Jail Contracting and Reimbursement consisting of the individuals listed in
Subsection (3).
(2)
 [
Before September 30 of each year, the individuals described in Subsection (2)
]
The subcommittee
 shall meet 
at least quarterly
 to review
,
 [
and
] discuss
, and make
recommendations for
:
(a) the [
actual
] state daily incarceration rate, described in Section 
64-13e-103.1
;
(b) the [
actual
] county daily incarceration rate;
(c) jail contracting and jail reimbursement processes and goals, including the creation
of a comprehensive statewide system of jail contracting and reimbursement;
(d) developing a partnership between the state and counties to create common goals for
housing state inmates;
(e) calculations for the projected number of beds needed;
(f) programming for inmates while incarcerated;
(g) proposals to reduce recidivism;
(h) enhancing partnerships to improve law enforcement and incarceration programs;
(i) inmate transportation costs;
 and
[
(c)
] 
(j)
 the compilation described in Subsection 
64-13e-104
(7).
[
(2) The following individuals shall meet in accordance with Subsection (1):
]
(3) The membership of the subcommittee shall consist of the following nine members:
(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) one member of the House of Representatives, appointed by the speaker of the
House of Representatives;
(f) one member of the Senate, appointed by the president of the Senate; and
[
(e)
] 
(g)
 the executive director of the Governor's Office of Management and Budget or
the executive director's designee.
(4) The subcommittee shall report to the Law Enforcement and Criminal Justice
Interim Committee in November 2022 and 2024 on progress and efforts to create a
comprehensive statewide jail reimbursement and contracting system.
(5) The subcommittee shall report to the Executive Offices and Criminal Justice
Appropriations Subcommittee not later than October 31 in 2022, 2023, and 2024 on costs
associated with creating a comprehensive statewide jail reimbursement and contracting system.
(6) (a) A member who is not a legislator may not receive compensation or benefits for
the member's service, but may receive per diem and travel expenses as allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a member who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.