Compendium of Budget Information for the 2010 General Session

Executive Offices & Criminal Justice
Appropriations Subcommittee

Function

Jail Contracting is a program 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. 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 "average 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 "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.

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;
UCA 64-13e-105 outlines the procedure for setting the final state daily incarceration rate.

Intent Language

The Legislature intends that the final state daily 1939 incarceration rate shall be $64.29 for FY 2010.

Under Section 63J-1-401 and 63J-1-402 of the Utah Code, the Legislature intends that any remaining funds shall not lapse at the close of fiscal year 2009.

The agency will be reporting on implementation of this intent language during the 2010 General Session.

Funding Detail

Sources of Finance	2006 Actual	2007 Actual	2008 Actual	2009 Actual	2010 Approp
General Fund	$21,926,600	$21,926,600	$21,926,600	$20,125,200	$20,125,200
General Fund, One-time	$0	($1,000,000)	$2,000,000	($2,255,000)	$0
Federal Funds	$13,000	$11,000	$0	$8,300	$50,000
Beginning Nonlapsing	$99,800	$2,792,200	$3,111,800	$4,755,300	$0
Closing Nonlapsing	($2,792,200)	($3,111,800)	($4,755,300)	($1,414,600)	$0
Total	$19,247,200	$20,618,000	$22,283,100	$21,219,200	$20,175,200

Programs:	2006 Actual	2007 Actual	2008 Actual	2009 Actual	2010 Approp
Jail Contracting	$19,247,200	$20,618,000	$22,283,100	$21,219,200	$20,175,200
Total	$19,247,200	$20,618,000	$22,283,100	$21,219,200	$20,175,200

Categories of Expenditure	2006 Actual	2007 Actual	2008 Actual	2009 Actual	2010 Approp
Current Expense	$43,800	$43,900	$50,200	$52,600	$45,000
Other Charges/Pass Thru	$19,203,400	$20,574,100	$22,232,900	$21,166,600	$20,130,200
Total	$19,247,200	$20,618,000	$22,283,100	$21,219,200	$20,175,200

Subcommittee Table of Contents