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H.C.R. 5

             1     

CONCURRENT RESOLUTION ON REGIONAL

             2     
CORRECTIONAL FACILITIES AND COUNTY JAIL

             3     
CONTRACTING

             4     
2013 GENERAL SESSION

             5     
STATE OF UTAH

             6     
Chief Sponsor: Michael E. Noel

             7     
Senate Sponsor: ____________

             8     
             9      LONG TITLE
             10      General Description:
             11          This concurrent resolution of the Legislature and the Governor recognizes regional
             12      correctional facilities and county jail contracting as alternatives to address increasing
             13      incarceration costs and critical prison space needs.
             14      Highlighted Provisions:
             15          This resolution:
             16          .    recognizes that regional correctional facilities and county jail contracting can assist
             17      the state of Utah in addressing increasing incarceration costs and critical prison
             18      space needs.
             19      Special Clauses:
             20          None
             21     
             22      Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
             23          WHEREAS, the state of Utah is seriously considering the possibility of closing the
             24      prison located in Draper, Utah, in order to allow the property on which the prison is located to
             25      be used for other purposes;
             26          WHEREAS, if the determination is made that the prison should be relocated, there will
             27      be much discussion regarding where the prisoners currently housed at the Draper facility


             28      should be incarcerated;
             29          WHEREAS, the mission statement of the Utah Department of Corrections declares,
             30      "Our dedicated team of professionals ensures public safety by effectively managing offenders
             31      while maintaining close collaboration with partner agencies and the community. Our team is
             32      devoted to providing maximum opportunities for offenders to make lasting changes through
             33      accountability, treatment, education, and positive reinforcement within a safe environment";
             34          WHEREAS, regional correctional facilities and county jail contracting can promote the
             35      department's mission;
             36          WHEREAS, various counties in the state of Utah have, for a number of years,
             37      contracted with the Department of Corrections to house prisoners in their jails;
             38          WHEREAS, many counties in the state have constructed jail facilities specifically for
             39      the purpose of housing state inmates on a contract basis with the Department of Corrections;
             40          WHEREAS, counties are an integral part of Utah and can be a strong partner in
             41      addressing state prison space needs;
             42          WHEREAS, county jail contracting is a less expensive alternative to expending state
             43      funds to build new facilities;
             44          WHEREAS, currently there is some excess capacity in some county jail facilities that
             45      could be utilized to house prisoners currently housed at the Draper Prison;
             46          WHEREAS, if the determination is made to relocate Draper Prison inmates into county
             47      operated facilities, various counties are willing to increase the capacity of their existing jails or
             48      build new facilities if the state will guarantee inmates for a specified period of time and at a
             49      specified payment rate;
             50          WHEREAS, county facilities have developed programming opportunities for inmates
             51      that range from treatment programs to education programs and have provided excellent
             52      opportunities for inmates to receive treatment and to advance their education;
             53          WHEREAS, the Department of Corrections should engage in contract negotiations with
             54      county jails to provide inmate housing of medium and minimum security inmates;
             55          WHEREAS, for any county entering into a contract, minimum standards should be set,
             56      reviewed, and monitored by the Department of Corrections;
             57          WHEREAS, county jails may be a viable option for housing medium and minimum
             58      security state inmates;


             59          WHEREAS, counties should work with the Department of Corrections to determine the
             60      programming needs for state inmates;
             61          WHEREAS, treatment programming in county jails should have the written approval of
             62      the Department of Corrections prior to implementation;
             63          WHEREAS, technology, including video systems, has been developed and is in use in
             64      many jails throughout the state that allows hearings to be held at jail facilities with judges and
             65      hearing officers in different locations from the actual inmates;
             66          WHEREAS, new techniques have been developed in several of the county jails that
             67      allow visitation of inmates to be conducted either by video or through Internet access using a
             68      computer, so that the family or professional visitors do not need to come to the jail facility to
             69      visit with an inmate;
             70          WHEREAS, counties have developed excellent work programs that allow inmates to
             71      work in the communities in which they are housed;
             72          WHEREAS, this enhances the good of the community and the wellbeing of the inmate;
             73          WHEREAS, several county facilities have specialized in housing female inmates and
             74      are in a position to expand and increase their capacity to house more female inmates;
             75          WHEREAS, the counties are capable and willing to enter into negotiations with the
             76      state to provide additional bed space up to the maximum amount of bed space needed to
             77      relocate the Draper Prison facility and to provide all necessary accessories, as outlined in this
             78      resolution, in order for the inmates to successfully reenter society upon the completion of their
             79      prison terms;
             80          WHEREAS, county jail programs should, at a minimum, be administered in the way
             81      the Department of Corrections administers its own programming;
             82          WHEREAS, future construction of maximum and medium security facilities should
             83      accommodate the department's current maximum inmate population and future growth;
             84          WHEREAS, maximum security space could be made available at regional or county jail
             85      facilities;
             86          WHEREAS, inmate programs could be structured so that, rather than providing
             87      substance abuse, psychiatric, or sex offender treatment programs at each regional or county
             88      correctional facility, each facility may provide one of those treatment programs;
             89          WHEREAS, the decision of where to house an inmate would then depend on which


             90      facility provides the program that the inmate most needs;
             91          WHEREAS, utilizing regional and county correctional facilities would enable counties
             92      to create more jobs for those living within the their boundaries; and
             93          WHEREAS, if counties build jail facilities, the state does not have to bond because the
             94      state would be paying for the use of the facilities, not the facilities' construction:
             95          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
             96      Governor concurring therein, recognizes that regional correctional facilities and county jail
             97      contracting can assist the state of Utah in addressing increasing incarceration costs and critical
             98      prison space needs.
             99          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Utah
             100      Department of Corrections and commissions of each county in the state of Utah.




Legislative Review Note
    as of 2-19-13 11:44 AM


Office of Legislative Research and General Counsel


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