Law Enforcement and Criminal Justice Interim Committee
Members Present:
Sen. Michael G. Waddoups, Chair
Rep. Robert H.M. Killpack, Chair
Sen. LeRay McAllister
Sen. Pete Suazo
Rep. Perry L. Buckner
Rep. Gary F. Cox
Rep. David L. Gladwell
Rep. Neal B. Hendrickson
Rep. David L. Hogue
Rep. Carl R. Saunders
Rep. John E. Swallow
Members Absent:
Rep. Susan J. Koehn
Staff Present:
Ms. Chyleen A. Arbon, Research Analyst
Ms. Susan Creager Allred, Associate General Counsel
Ms. Wendy Bangerter, Secretary
Note: A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.
1. Committee Business - Chair Killpack called the meeting to order at 9:10 a.m.
MOTION: Rep. Saunders moved to approve the minutes of the May 20, 1998 meeting. The motion passed unanimously.
2. Background Information on Jail Contracting and Jail Reimbursement
Director Pete Haun, Utah Department of Corrections, distributed and reviewed information explaining the differences between jail reimbursement and jail contracting in regard to sentencing, jurisdiction, funding, and county participation. In both processes, a convicted felon is housed in a county jail: through jail contracting, a convicted felon is sentenced to the Department of Corrections, which then contracts with a county jail to house the prisoner; through jail reimbursement, a judge stays the convicted felon's prison sentence and sentences the felon to jail as a condition of probation.
Mr. Haun discussed some of the benefits of housing state inmates in county jails through jail contracting: The jails can offer better programming for habilitating sex offenders, house inmates closer to their families, and provide housing and services at a lower rate per day. He explained that many of the counties are increasing programming for life skills and education in their jails. He stated that county jails do create some medical and transportation problems, but he believes those concerns can be resolved through the contracting process.
He encouraged the Legislature to continue its support of the five-year offender population management plan, which includes funding jail contracting. Mr. Haun noted that jail contracting is not defined in statute, and recommended that the Legislature consider enacting appropriate statutes to enhance the ability of the department to proceed with general contracting. He suggested that if the Legislature is not comfortable with the authority given to the Department of Corrections, it may want to consider the possible benefits of establishing an oversight committee that would make recommendations to the Legislature.
3. Jail Contracting
Sheriff Ira Schoppman, Iron County, explained that Iron County shares a 140-bed facility with the state; however, the facility is no longer adequate due to the growth in Iron County. Three options are available: 1) the state and county could continue working together, 2) the state could buy out the county's portion, or 3) the county could buy out the state's portion. Mr. Haun recommended that the county buy out the state.
Lt. Mark Ewart, Beaver County, stated that Beaver county participates with the Department of Corrections in jail contracting. He explained that a new 194-bed facility will be opened on June 26, 1998, which will allow the state to contract with Beaver County for 160 beds. He indicated that the 12 old cells from the former jail will be used for office and storage space. The new employees hired and trained to staff the new facility are local residents. He stated that Beaver County is working aggressively to provide a Utah Correctional Industry (UCI) program on site. The new jail has 1,522 sq feet of programming space to meet other correctional needs, and an inmate placement coordinator will be available on site. He noted that the facility was deliberately designed to house a higher security inmate in order to take some pressure off the state.
Sheriff Ralph Stansfield, Duchesne County, explained that Duchesne County entered into jail contracting to build a new jail so that taxpayers would not have to bear all the burden of funding the county jail, and for economic development in an area where unemployment is higher than most places in Utah. Programming that will enhance inmates' education will be offered at the county jail. Jail administrators have also contracted with the forest service and city and county work programs. The old jail was renovated to house a furniture assembly work program for inmates.
4. Jail Reimbursement
Dave Walsh, Director of Budgeting and Programs, Commission on Criminal and Juvenile Justice (CCJJ), explained that jail reimbursement was initially created to improve jail standards. In the 1982 General Session, then Representative Olene Walker sponsored H.B. 32, which gave the state authority to reimburse counties for housing convicted felons who were sentenced to a county jail as a condition of probation. It was determined that the Department of
Corrections would administer the program, and a formula for distributing the funds was established.
In 1989, H.B. 60, sponsored by then Representative G. Lamont Richards, abolished jail
reimbursement, effective July 1, 1990. The bill also commissioned CCJJ to conduct a study of jail
issues and make recommendations. CCJJ recommended that the authority to place condition-of-
probation felons in county jails be removed from judges and the felons be placed under the custody
of the Department of Corrections. None of the recommendations were implemented at that time. In
1993, Rep. Christine Fox sponsored H.B.162 which reinstated jail reimbursement. The funding for
jail reimbursement was to increase by 20 percent each year until it reached the required 80 percent of
the cost of housing an inmate in a state facility.
Chief Deputy, Dean Carr, Salt Lake County Sheriff's Office, informed the committee that a new jail is currently under construction in Salt Lake County, which will cost approximately
$132,000,000. The new facility will house 2,088 inmates, but can be expanded to hold 4,000. The
old jail will not be refurbished. He stated that the county is under a consent decree to release
inmates; however, only pre-trial inmates are released. He indicated that the county subsidizes
approximately 20 percent of the operating costs, because the state reimbursement does not cover all
the costs. He noted Sheriff Kennard's recommendation that jail reimbursement be taken out of the
Department of Correction's budget and be placed in the Department of Finance. He also
recommended that the court authority to put felons in jail as a condition of probation be removed and
the inmate be sentenced to the Department of Corrections, which would then contract with county
jails to house the inmates. He reported that the Salt Lake County jail provides programming for
education, habilitation, and work.
Several committee members expressed concern that through jail reimbursement, the state is reimbursing more than the actual cost incurred by counties.
Sheriff Robert Davis, Davis County, was not present to address the committee.
5. Sentencing Issues
Hon. Ronald Nehring, Third District Court Judge, addressed the committee under three capacities: 1) As a taxpayer, he expressed concern that dangerous criminals be housed in a manner
that protects the citizens without wasting tax dollars; 2) As a judge, he feels he has no greater
responsibility than to sentence; 3) As a representative of the district court judges, he emphasized that
whatever is done in regard to jail contracting and jail reimbursement, the work of the Utah
Sentencing Commission should not be compromised. He stated that it would be a mistake to shift
jurisdiction to impose jail as a condition of probation from the courts to the Department of
Corrections. Victims have an expectation and a right to play a role in the sentencing process. Judges
know the offender best and should have the authority to impose sentences, determine the duration of
incarceration, and decide when probation is appropriate.
Ed McConkie, Director, Sentencing Commission, encouraged the legislators to look to the future and see that alternatives to jail reimbursement and jail contracting are being developed which
will alleviate pressure on the current reimbursement and contracting programs. There is an urgent
need to have smarter sentencing and to invest in jail diversion programs, so that each offender can be
sentenced appropriately. He stated that the Sentencing Commission is developing statewide, long-
term plans that will be presented in the coming months and years. He expressed the district court
judges' concern that a growing number of judges are sending offenders to prison in order to access
parole-type supervision. Currently, judges are reluctantly sending offenders to expensive secure
confinement, when their desire is to reinvest in probation supervision.
Rep. Chard stated that jail contracting and jail reimbursement are sometimes in competition
with each other and that they need to be combined. When judges sentence an individual to probation,
the Department of Corrections has the responsibility to provide the supervision. He recommended
that the department use jail contracting to manage probation inmates with a determinate sentence.
MOTION: Rep. Chard moved to direct staff to draft legislation, using the study that was done by CCJJ as a base, but leaving jurisdiction with the courts to sentence to intermediate sanctions
and allowing the Department of Corrections to manage the inmate population. The motion passed
unanimously.
Sen. Waddoups directed Rep. Chard to work with staff.
MOTION: At 11:40 a.m., Rep. Cox moved to adjourn the meeting. The motion passed unanimously.
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