Agency: Corrections

Line Item: Jail Contracting

Function

Jail Contracting is a tool used by the Department of Corrections to manage its inmate population and its budget. The program provides inmate housing to the State prison system through contracts with individual county jails. This program provides needed overflow housing for the State. 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, Jail Contracting helps the state reduce its own facilities costs, and helps local governments fill excess capacity in local jails.

Each fiscal year, a new jail programs "actual state daily incarceration rate" 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 "actual state daily incarceration rate" the Legislature designates a "final state daily incarceration rate" of which 70% is calculated to be the jail contracting rate.

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 64-13c-201 authorizes counties to house state prisoners;
• UCA 64-13c-302 establishes the procedures for setting the county reimbursement rate for core inmate incarceration costs, and medical and transportation costs;
• UCA 64-13c-401 outlines the requirements for jail contracting.

Intent Language

The Legislature intends that the state daily incarceration rate shall be $64.29 for FY 2009.

The Legislature intends that the Department of Corrections spend up to $3,000,000 in nonlapsing balances for jail contracting in addition to the $2,000,000 appropriated in this item.

Funding Detail