Agency: Corrections

Line Item: Jail Contracting

Function

Jail Contracting is a program used to manage the state inmate population in addition to direct management of inmates in state facilities. The program provides inmate housing to the State prison system through contracts with individual county jails. The counties provide security, supervision, food and other services on a per day cost basis. With Jail Contracting, the department houses state inmates at local jails rather than in state-owned facilities. In this way, the Jail Contracting program helps the state reduce its own facilities costs, and helps local governments offset their own costs by filling their excess capacity in local jails.

Each fiscal year, a new "average state daily incarceration rate" for jail programs as defined in 64-13e-102 of the Utah State Code, is determined by the Department of Corrections. This is reviewed with the Utah Sheriff's Association, local elected officials, the Commission on Criminal and Juvenile Justice (CCJJ), and the Governor's Office of Planning and Budget (GOPB). The rate is based on operating costs reported by the counties to Corrections for the previous calendar year. Upon review of the "average state daily incarceration rate" the Legislature designates a "final state daily incarceration rate" of which 70% is calculated to be the jail contracting rate (or 73% if the jail provides treatment to the offender).

This "final state daily incarceration rate" is used for both Jail Reimbursement and Jail Contracting. Any additional funds not expended for contracting state inmates to county facilities is used for medical costs incurred by the counties.

Statutory Authority

The rate paid by the State to contract with the counties to provide inmate housing is the same as for Jail Reimbursement.

• UCA 64-13e-103 authorizes counties to house state prisoners;
• UCA 64-13e-105 establishes the procedures for setting the county reimbursement rate for core inmate incarceration costs, and medical and transportation costs; and
• UCA 64-13e-105 outlines the procedure for setting the final state daily incarceration rate.

Intent Language

Under Section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided for the Utah Department of Corrections -- Jail Contracting in Item 17 of Chapter 2 Laws of Utah 2011 not lapse at the close of Fiscal Year 2012.

The Legislature intends that the final state daily incarceration rate be set at $64.29.

Should House Bill 442 County Correctional Funding Amendments and House Bill 2 New Fiscal Year Supplemental Appropriations Act both pass, notwithstanding the language in Item 14 of House Bill 2, 2012 General Session, the final state daily incarceration rate is set at $64.18 per day for fiscal year 2013.

Funding Detail

For more detail about a particular source of finance or organizational unit, click a linked entry in the left column of the table(s) below.