Second Substitute H.B. 220

Representative Michael E. Noel proposes the following substitute bill:

1 STATE PAYMENT AND REIMBURSEMENT TO
2 COUNTY CORRECTIONAL FACILITIES
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Michael E. Noel
6 Senate Sponsor: Jon J. Greiner
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions related to payment and reimbursement to county
11 correctional facilities for housing state inmates.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . requires the Division of Finance to pay counties, for housing state probationary
16 inmates or state parole inmates, at a rate of 50% of the final state daily incarceration
17 rate;
18 . provides that, on at least a monthly basis, a county must submit a report to the Utah
19 Commission on Criminal and Juvenile Justice regarding the housing of state
20 probationary inmates or state parole inmates;
21 . grants rulemaking authority to the Utah Commission on Criminal and Juvenile
22 Justice;
23 . provides that the Division of Finance shall, on or before December 15 of each year,
24 pay each county for housing state probationary inmates and state parole inmates,
25 based on the number housed by each county during the state fiscal year that ended

26 on June 30 of the preceding calendar year;
27 . provides for the distribution of information to, and the discussion of information by,
28 the counties regarding the "actual state daily incarceration rate" and the number of
29 state probationary inmates and state parole inmates housed by each county; and
30 . makes technical changes.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 AMENDS:
37 64-13e-102, as last amended by Laws of Utah 2008, Chapter 188
38 64-13e-104, as last amended by Laws of Utah 2008, Chapter 188
39 64-13e-105, as last amended by Laws of Utah 2008, Chapter 188
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 64-13e-102 is amended to read:
43 64-13e-102. Definitions.
44 As used in this chapter:
45 (1) "Actual state daily incarceration rate" means the daily incarceration rate that reflects
46 the actual expenses of the department, including:
47 (a) executive overhead;
48 (b) administrative overhead;
49 (c) transportation overhead;
50 (d) division overhead;
51 (e) motor pool expenses;
52 (f) medical expenses;
53 (g) mental health expenses;
54 (h) dental expenses; and
55 (i) straight line capital depreciation, over a 40-year period, for prison facilities of the
56 department.

57 (2) "CCJJ" means the Utah Commission on Criminal and Juvenile Justice, created in
58 Section 67M-7-201 .
59 [(2)] (3) "Department" means the Department of Corrections.
60 (4) "Division of Finance" means the Division of Finance, created in Section
61 63A-3-101 .
62 [(3)] (5) "Final state daily incarceration rate" means the average actual state daily
63 incarceration rate, calculated, reviewed, and discussed under [Subsection] Section
64 64-13e-105 [(2)], and approved by the Legislature under Subsection 64-13e-105 (3).
65 [(4)] (6) "State inmate" means a person, other than a state probationary inmate or state
66 parole inmate, who is committed to the custody of the department.
67 [(5)] (7) "State parole inmate" means a person who is:
68 (a) on parole, as defined in Section 77-27-1 ; and
69 (b) housed in a county jail for a reason related to the person's parole.
70 [(6)] (8) "State probationary inmate" means a felony [probationers] probationer
71 sentenced to time in a county jail under Subsection 77-18-1 (8).
72 Section 2. Section 64-13e-104 is amended to read:
73 64-13e-104. Housing of state probationary inmates or state parole inmates --
74 Payment.
75 (1) (a) A county shall accept and house a state probationary inmate or a state parole
76 inmate in a county correctional facility, subject to available resources.
77 (b) If a county is unable to accept a person due to lack of resources, the county shall
78 negotiate with another county to accept and house the person.
79 (2) Within funds appropriated by the Legislature for this purpose, the [department]
80 Division of Finance shall [reimburse] pay a county that houses a state probationary inmate or a
81 state parole inmate at a rate of [42.1%] 50% of the final state daily incarceration rate.
82 (3) Funds appropriated by the Legislature under Subsection (2):
83 (a) are nonlapsing;
84 (b) may only be used for the purposes described in Subsection (2); and
85 (c) may not be used for:
86 (i) the costs of administering the [reimbursement] payment described in this section; or
87 (ii) payment of contract costs under Section 64-13e-103 .

88 (4) The costs described in Subsection (3)(c)(i) shall be covered by legislative
89 appropriation.
90 (5) (a) The [director of the department] Division of Finance shall administer the
91 [reimbursement] payment described in [this section] Subsection (2).
92 (b) [The department] In accordance with Subsection (9), CCJJ shall, by rule made
93 pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish procedures
94 for the [distribution of reimbursement] calculation of the payment described in [this section]
95 Subsection (2).
96 (6) Counties that receive the [reimbursement] payment described in [this section]
97 Subsection (2) shall, on [or before July 31 of each year] at least a monthly basis, submit a
98 report to [the department, for the preceding fiscal year,] CCJJ that includes:
99 (a) the number of state probationary inmates and state parole inmates the county
100 housed under this section; and
101 (b) the total number of state probationary inmate days of incarceration and state parole
102 inmate days of incarceration that were provided by the county.
103 (7) (a) On or before September 1 of each year, CCJJ shall compile the information
104 from the reports described in Subsection (6) that relate to the preceding state fiscal year and
105 provide a copy of the compilation to each county that submitted a report.
106 (b) On or before September 30 of each year, CCJJ shall inform the Division of Finance
107 and each county of the exact amount of the payment described in this section that shall be made
108 to each county.
109 (8) On or before December 15 of each year, the Division of Finance shall distribute the
110 payment described in Subsection (7)(b) in a single payment to each county.
111 (9) The amount paid to each county under Subsection (8) shall be calculated on a pro
112 rata basis, based on the number of state probationary inmate days of incarceration and state
113 parole inmate days of incarceration that were provided by each county for the preceding state
114 fiscal year.
115 Section 3. Section 64-13e-105 is amended to read:
116 64-13e-105. Procedures for setting the final state daily incarceration rate.
117 (1) (a) Before September 1 of each year, the department shall calculate, and inform the
118 counties and CCJJ of[,] the average actual state daily incarceration rate for the most recent

119 three years for which the data is available.
120 (b) The actual state daily incarceration rates used to calculate the average rate
121 described in Subsection (1)(a) may not be less than the rates presented to the Executive
122 Appropriations Committee of the Legislature for purposes of setting the appropriation for the
123 department's budget.
124 (2) Before [October 1] September 15 of each year, the following parties shall meet to
125 review and discuss the average actual state daily incarceration rate, described in Subsection (1)
126 and the compilation described in Subsection 64-13e-104 (7):
127 (a) as designated by the Utah Sheriffs Association:
128 (i) one sheriff of a county that is currently under contract with the department to house
129 state inmates; and
130 (ii) one sheriff of a county that is currently receiving reimbursement from the
131 department for housing state probationary inmates or state parole inmates;
132 (b) the executive director of the department or the executive director's designee;
133 (c) as designated by the Utah Association of Counties:
134 (i) one member of the legislative body of one county that is currently under contract
135 with the department to house state inmates; and
136 (ii) one member of the legislative body of one county that is currently receiving
137 reimbursement from the department for housing state probationary inmates or state parole
138 inmates;
139 (d) the executive director of the Commission on Criminal and Juvenile Justice or the
140 executive director's designee; and
141 (e) the director of the Governor's Office of Planning and Budget or the director's
142 designee.
143 (3) (a) The average actual state daily incarceration rate, reviewed and discussed under
144 Subsection (2), may not be used for purposes of calculating payment or reimbursement under
145 this chapter, unless approved by the Legislature in the annual appropriations act.
146 (b) Nothing in this chapter prohibits the Legislature from setting the final state daily
147 incarceration rate at an amount higher or lower than:
148 (i) the average actual state incarceration rate; or
149 (ii) the final state daily incarceration rate that was used during the preceding fiscal year.