Second Substitute H.B. 100

This document includes House Floor Amendments incorporated into the bill on Mon, Feb 23, 2009 at 12:29 PM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Tue, Mar 3, 2009 at 9:55 AM by jeyring. --> This document includes Senate Committee Amendments incorporated into the bill on Tue, Mar 3, 2009 at 1:03 PM by rday. -->

Representative Carl Wimmer proposes the following substitute bill:

1 DEPARTMENT OF CORRECTIONS -
2 TRACKING AND REIMBURSEMENT OF
3 INDIVIDUAL PRISONER COSTS
4 2009 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Carl Wimmer
7 Senate Sponsor: Curtis S. Bramble
8
9 LONG TITLE
10 General Description:
11 This bill modifies provisions in the Criminal Code and the State Institutions Code to
12 require offenders who receive medical, dental, and postsecondary educational services,
13 while in prison, to reimburse the state for a portion of the costs of the services received.
14 Highlighted Provisions:
15 This bill:
16 . H. [ reassigns responsibility for the recidivism reduction plan from the Board of Regents
17 to the Utah Department of Corrections and the State Board of Education and
18 requires the department to collaborate with the State Board of Regents and the Utah
19 College of Applied Technology Board of Trustees; ]
19a . requires the Utah Department of Corrections to jointly develop and implement a
19b recidivism reduction plan with the State Board of Regents and the State Board of
19c Education; .H
20 . requires the department to make a report to the H. Education and .H Law
20a Enforcement and Criminal
21 Justice Interim H. [ Committee ] Committees .H on the recidivism reduction plan before
21a October 1, 2010;
22 . provides a specified copayment by an inmate receiving hospital, medical, dental,
23 and prescription medication services through the department;
24 . requires an inmate with assets exceeding $200,000 to pay for the inmate's medical
25 and dental care and provides a cap for the costs;

26 . specifies that the department provides medical treatment if an inmate is unable to
27 pay for the treatment because of inadequate financial resources;
28 . requires an inmate participating in postsecondary education through the department
29 to pay or reimburse the department for 50% of the costs of tuition;
30 . requires the department to coordinate a deferred postsecondary education tuition
31 repayment program with the Office of State Debt Collection to provide a
32 participating inmate:
33 . a reasonable time frame to make payments, beginning no later than two years
34 after termination of the inmate's parole; and
35 . a reasonable payment amount to allow an inmate to reimburse the tuition
36 obligation incurred while under the supervision of the department;
37 . provides that tuition costs not paid by the inmate at the time of participating in
38 postsecondary education will be paid from the Prison Telephone Surcharge
39 Account;
40 . provides that of the amounts collected by the Office of State Debt Collection:
41 . 10% may be used by the Office of State Debt Collection for purposes of
42 operating the deferred payment program; and
43 . all other funds collected as repayment for postsecondary tuition costs will be
44 deposited into the Prison Telephone Surcharge Account to be used by the
45 department for education and training programs for inmates;
46 . directs that ongoing funds provided to the State Board of Regent's Prison
47 Recidivism Program in fiscal year 2009-10 shall be transferred to the Prison
48 Telephone Surcharge Account for the purpose of inmate postsecondary education
49 and training;
50 . requires the department to turn over to the Office of State Debt Collection any
51 unpaid tuition debt at the time the offender is released from parole; and
52 . specifies that only inmates lawfully present in the United States may participate in
53 the postsecondary educational program offered through the department.
54 Monies Appropriated in this Bill:
55 None
56 Other Special Clauses:

57 None
58 Utah Code Sections Affected:
59 AMENDS:
60 53A-1-403.5, as last amended by Laws of Utah 2002, Chapter 210
61 64-13-30, as last amended by Laws of Utah 2002, Chapter 140
62 64-13-33, as enacted by Laws of Utah 1985, Chapter 211
63 64-13-42, as enacted by Laws of Utah 2005, Chapter 302
64 ENACTS:
65 64-13-30.5, Utah Code Annotated 1953
65a H. 64-13-30.7, Utah Code Annotated 1953 .H
66 Uncodified Material Affected:
67 ENACTS UNCODIFIED MATERIAL
68
69 Be it enacted by the Legislature of the state of Utah:
70 Section 1. Section 53A-1-403.5 is amended to read:
71 53A-1-403.5. Education of persons in custody of the Utah Department of
72 Corrections -- Contracting for services -- Recidivism reduction plan -- Collaboration
73 among state agencies -- Annual report.
74 (1) The State Board of Education H. , [ and ] .H the H. [ [ ] State Board of Regents [ ] ]
74a and the .H Utah Department of
75 Corrections, subject to legislative appropriation, are responsible for the education of persons in
76 the custody of the Utah Department of Corrections.
77 (2) S. [ In order to ] (a) To .S fulfill S. [ this ] the .S responsibility S. under
77a Subsection (1) .S , the [boards] State Board of Education and the
78 Utah Department of Corrections shall, where feasible, contract with appropriate private or
79 public agencies to provide educational and related administrative services. S. Contracts for
79a postsecondary education and training shall be under Subsection (2)(b)
79b (b)(i) The contract under Subsection (2)(a) to provide postsecondary education and
79c training shall be with a community college if the correctional facility is located within the
79d service region of a community college, except under Subsection (2)(b)(ii).
79e (ii) If the community college under Subsection (2)(b)(i) declines to provide the
79f education and training or cannot meet reasonable contractual terms for providing the
79g education and training as specified by the Utah Department of Corrections, postsecondary
79h education and training under Subsection (2)(a) may be procured through other appropriate
79i private or public agencies..S
80 (3) (a) As its corrections education program, the [boards] State Board of Education H. ,

80a [ and ] the State Board of Regents, and .H

81 the Utah Department of Corrections shall develop and implement a recidivism reduction plan,
82 including the following components:
83 (i) inmate assessment;
84 (ii) cognitive problem-solving skills;
85 (iii) basic literacy skills;
86 (iv) career skills;
87 (v) job placement;

88 (vi) postrelease tracking and support;
89 (vii) research and evaluation;
90 (viii) family involvement and support; and
91 (ix) multiagency collaboration.
92 (b) The plan shall be developed and implemented through the State Office of
93 Education H. , [ and ] .H the H. State Board of Regents, and the .H [Board of Regents
93a office] Utah Department of Corrections in collaboration
94 with the following entities:
95 (i) the Utah College of Applied Technology Board of Trustees;
96 [(i)] (ii) local boards of education;
97 [(ii)] H. [ (iii) [Department of Corrections] the State Board of Regents; ]
98 [ [ ] (iii) [ ] ] [ (iv) ] .H Department of Workforce Services;
99 H. [ [ ] (iv) [ ] ] [ (v) ] .H Department of Human Services;
100 H. [ [ ] (v) [ ] ] [ (vi) ] .H Board of Pardons and Parole;
101 H. [ [ ] (vi) [ ] ] [ (vii) ] .H State Office of Rehabilitation; and
102 H. [ [ ] (vii) [ ] ] [ (viii) ] .H the Governor's Office.
103 H. [ (c) The Legislature may provide appropriations for implementation of the plan through
104 a line item appropriation to any one or a combination of the entities listed in Subsection (3)(b). ] .H
105 (4) The [boards] department shall make a report to the H. [ [ ] Education [ ] ] and .H
105a Law Enforcement
106 and Criminal Justice Interim H. [ Committee ] Committees .H on [the effectiveness of] the
106a recidivism reduction plan
107 before October 1, [2006] 2010.
108 Section 2. Section 64-13-30 is amended to read:
109 64-13-30. Expenses incurred by offenders -- Payment to department or county
110 jail -- Medical care and copayments.
111 (1) (a) The department shall establish and collect from [offenders] each offender on a
112 work release [programs] program the reasonable costs of the offender's maintenance,
113 transportation, and incidental expenses incurred by the department on behalf of the [offenders]
114 offender.
115 (b) Priority shall be given to restitution and family support obligations.
116 (c) The offender's reimbursement to the department for the cost of obtaining the
117 offender's DNA specimen, under Section 53-10-404 is the next priority after Subsection (1)(b).
118 (2) The department, under its rules, may advance funds to any offender as necessary to

119 establish the offender in a work release program.
120 (3) (a) The department or county jail may require an inmate to make a [reasonable]
121 copayment for medical and dental services provided by the department or county jail.
122 (b) For services provided while in the custody of the department, the copayment by the
123 inmate is $5 for primary medical care, $5 for dental care, and $2 for prescription medication.
124 (c) For services provided outside of a prison facility while in the custody of the
125 department, the offender is responsible for 10% of the costs associated with hospital care with
126 a cap on an inmate's share of hospital care expenses not to exceed $2,000 per fiscal year.
127 (4) (a) An inmate who has assets exceeding $200,000, as determined by the department
128 upon entry into the department's custody, is responsible to pay the costs of all medical and
129 dental care up to 20% of the inmate's total determined asset value H. [ ; and ] . .H
130 (b) H. [ after ] After .H an inmate has received medical and dental care equal to 20% of
130a the inmate's
131 total asset value H. , .H the inmate will be subject to the copayments provided in Subsection (3).
132 (5) The department shall turn over to the Office of State Debt Collection any debt
133 under this section that is unpaid at the time the offender is released from parole.
134 (6) An inmate may not be denied medical treatment if [he] the inmate is unable to pay
135 [the copayment] for the treatment because of inadequate financial resources.
136 Section 3. Section 64-13-30.5 is enacted to read:
137 64-13-30.5. Payment by inmate for postsecondary educational tuition.
138 (1) (a) An inmate participating in a postsecondary education program through the
139 department shall pay to the department at the time of enrollment H. [ tuition for ] .H 50% of the
139a costs of
140 H. the .H postsecondary education H. tuition .H .
141 (b) If an inmate desires to participate in the postsecondary education program but is
142 unable to pay the costs of the education because of inadequate financial resources, the inmate
143 may participate in a deferred tuition payment program under this section.
144 (c) The department and the Office of State Debt Collection shall coordinate a deferred
145 postsecondary education tuition repayment program to provide inmates a reasonable payment
146 schedule and payment amount to allow for deferred payment of the postsecondary educational
147 tuition obligation the inmate incurred while under supervision of the department, which shall:
148 (i) account for all postsecondary education tuition costs incurred by the inmate while
149 under the supervision of the department;

150 (ii) establish an appropriate time for the inmate to begin payment of postsecondary
151 education tuition costs, which shall require that payments start no later than two years after
152 termination of parole; and
153 (iii) establish a payment schedule and payment amounts, including prevailing interest
154 rates, commensurate with student loans currently being offered by local financial institutions.
155 (d) Neither the department nor the Office of State Debt Collection may relieve an
156 offender of the postsecondary tuition repayment responsibility.
157 (e) The department shall pay costs of postsecondary education not paid by the offender
158 at the time of participation in the program from the Prison Telephone Surcharge Account.
159 (2) (a) Of those tuition funds collected by the Office of State Debt Collection under
160 this section, 10% may be used by the Office of State Debt Collection for operation of the
161 deferred payment program.
162 (b) All other funds collected as repayment for postsecondary tuition costs shall be
163 deposited in the Prison Telephone Surcharge Account.
164 (3) Only inmates lawfully present in the United States may participate in the
165 postsecondary educational program offered through the department.
166 Section 4. Section 64-13-33 is amended to read:
167 64-13-33. Restitution for offenses -- Debt collection.
168 (1) Following an administrative hearing, the department is authorized to require
169 restitution from an offender for expenses incurred by the department as a result of the
170 offender's violation of department rules. The department is authorized to require payment from
171 the offender's account or to place a hold on it to secure compliance with this section.
172 (2) The department shall turn over to the Office of State Debt Collection any debt
173 under this section that is unpaid at the time the offender is released from parole.
174 Section 5. Section 64-13-42 is amended to read:
175 64-13-42. Prison Telephone Surcharge Account -- Funding inmate and offender
176 education and training programs.
177 (1) (a) There is created within the General Fund a restricted account known as the
178 Prison Telephone Surcharge Account.
179 (b) The Prison Telephone Surcharge Account consists of:
180 (i) beginning July 1, 2006, revenue generated by the state from pay telephone services

181 located at any correctional facility as defined in Section 64-13-1 ; [and]
182 (ii) interest on account monies[.]; H. [ and ] .H
183 (iii) (A) money paid by inmates participating in postsecondary education provided by
184 the department; and
185 (B) money repaid by former inmates who have a written agreement with the
186 department to pay for a specified portion of the tuition costs under the department's deferred
187 tuition payment program;
188 (iv) money collected by the Office of State Debt Collection for debt described in
189 Subsection (1)(b)(iii); and
190 (v) money appropriated by the Legislature.
191 (2) Upon appropriation by the Legislature, monies from the Prison Telephone
192 Surcharge Account shall be used by the department for education and training programs for
193 offenders and inmates as defined in Section 64-13-1 .
193a S. (3) Funds appropriated from the Prison Telephone Surcharge Account may only be used
193b by the Department purposes under Subsections 53A-1-403.5(3)(a)(i) and (iv). .S
194 H. [ Section 6. Legislative intent -- Use of funds for inmate postsecondary education
195 and training.
196 It is the intent of the Legislature that any ongoing funds provided to the State Board of
197 Regent's Prison Recidivism Program in fiscal year 2009-10 shall be transferred to the Prison
198 Telephone Surcharge Account for establishing necessary program resources and promoting and
199 providing inmate postsecondary education. ]
199a Section 6. Section 64-13-30.7 is enacted to read:
199b 64-13-30.7. Use of funds for inmate postsecondary education and training.
199c Any ongoing funds provided to the State Board of Regent's Prison Recidivism Program
199d beginning in fiscal year 2009-10 shall be transferred to the Prison Telephone Surcharge
199e Account for establishing necessary program resources and promoting and providing inmate
199f postsecondary education. .H