Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 152 First Substitute (2022GS)

Sponsor

Rep. Musselman, C.R.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends county zone definitions for community correctional centers;
• establishes procedures and criteria for:
• transferring offenders between community correctional centers; and
• establishing a new community correctional center; and
• makes technical changes.

Every vote on this bill

Bill text

COMMUNITY CORRECTIONAL CENTER REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin R. Musselman
Senate Sponsor: 
David G. Buxton
LONG TITLE
General Description:
This bill concerns community correctional centers.
Highlighted Provisions:
This bill:
▸ amends county zone definitions for community correctional centers;
▸ establishes procedures and criteria for:
• transferring offenders between community correctional centers; and
• establishing a new community correctional center; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
64-13f-102
, as last amended by Laws of Utah 2021, Chapter 85
64-13f-103
, as last amended by Laws of Utah 2021, Chapter 85
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
64-13f-102
 is amended to read:
64-13f-102.
Definitions.
As used in this chapter:
(1) "Cap" means no more than 20% above the community supervision percentage
multiplied by the community correctional center projection.
(2) "Community correctional center" means the same as that term is defined in
[
Subsection 
64-13-1
(3)
] 
Section 
64-13-1
.
(3) "Community correctional center projection" means the daily average number of
offenders projected to be supervised in the community by the department in the next [
fiscal
]
calendar
 year multiplied by the 
daily average
 percentage of offenders supervised in the
community that are also housed in a community correctional center [
on June 30 of
] 
for
 the
previous [
fiscal
] 
calendar
 year.
(4) "Community supervision percentage" means the percentage calculated by dividing
the total number of offenders supervised in the community by the department in each county or
county zone by the total number of offenders supervised in the community by the department
[
on June 30, 2024, and on June 30 of every fifth subsequent year
].
(5) "County zone" means the eastern zone, northern zone, or western zone.
(6) "Department" means the Department of Corrections.
(7) (a) "Eastern zone" means, except as provided in Subsection (7)(b), Carbon,
Daggett, Duchesne, Emery, Grand, San Juan, and Uintah counties.
(b) A county with a population of [
150,000
] 
250,000
 or more on the date the
community supervision percentage is determined is not part of the eastern zone.
(8) (a) "Northern zone" means, except as provided in Subsection (8)(b), Box Elder,
Cache, Morgan, Rich, Summit, and Wasatch counties.
(b) A county with a population of [
150,000
] 
250,000
 or more on the date the
community supervision percentage is determined is not part of the northern zone.
(9) "Offender" means the same as that term is defined in [
Subsection 
64-13-1
(10)
]
Section 
64-13-1
.
(10) (a) "Western zone" means, except as provided in Subsection (10)(b), Beaver,
Garfield, Tooele, Iron, Juab, Kane, Millard, Piute, Sanpete, Sevier, 
Washington,
 and Wayne
counties.
(b) A county with a population of [
150,000
] 
250,000
 or more on the date the
community supervision percentage is determined is not part of the western zone.
Section 2. Section 
64-13f-103
 is amended to read:
64-13f-103.
Establishment of community correctional centers -- Cap --
Rulemaking -- Procedures.
(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 (4)
 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.
]
[
(c)
] 
(2) (a)
 [
The
] 
Except as provided in Subsection (2)(b) or (3), the
 department shall
transfer offenders from a community correctional center in a county or county zone [
described
in Subsection (3)(a)
] 
that is exceeding the county's or county zone's cap
 to a community
correctional center in another county or county zone that [
does not meet or exceed the cap until
the county or county zone described in Subsection (3)(a) comes into compliance with the cap
]
is not meeting or exceeding the county's or county zone's cap
.
(b) A transfer under Subsection (2)(a) may occur only between community correctional
centers that are currently existing and fully operational.
(c) After a county or county zone transfers offenders under Subsection (2)(a), the
department shall permanently reduce the total number of available beds within the county or
county zone according to the number of offenders transferred to a different community
correctional center under Subsection (2)(a), unless the reduction places the county or county
zone below the county's or county zone's cap.
(3) The department may not transfer an offender under Subsection (2)(a) unless the
department determines that the transfer is in the best interest of the offender's successful
re-entry into the community.
(4) When opening a new community correctional center, the department shall:
(a) determine which counties or county zones are operating in excess of the counties' or
county zones' respective caps;
(b) compare the percentages at which the counties or county zones identified in
Subsection (4)(a) are operating above the counties' or county zones' respective caps;
(c) use the comparison described in Subsection (4)(b) to determine the number of
offenders who may be transferred from each county or county zone to the new community
correctional center, giving priority to offender transfers from counties or county zones that
have the highest percentages; and
(d) limit the offenders who will be placed in the new community correctional center to:
(i) offenders who are residents of the county or county zone within which the new
community correctional center is located; or
(ii) offenders for whom the placement would be in the best interest of successful
re-entry into the community, as determined by the department.
(5) The department shall consider the proximity of the following services to the new
community correctional center when determining the placement of a new community
correctional center within a county or county zone:
(a) treatment services;
(b) healthcare services;
(c) employment services;
(d) housing services;
(e) transportation services; and
(f) other services that contribute to an offender's successful community reintegration.