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H.B. 442





Chief Sponsor: Michael E. Noel

Senate Sponsor: David P. Hinkins

             7      LONG TITLE
             8      General Description:
             9          This bill modifies the State Institutions Code by increasing the compensation rate to
             10      counties for housing state inmates.
             11      Highlighted Provisions:
             12          This bill:
             13          .    increases the rate at which the state reimburses counties for housing state inmates
             14      and providing treatment programs to 79% of the final state daily incarceration rate;
             15      and
             16          .    increases the rate at which the state reimburses counties for housing state inmates in
             17      facilities that do not provide treatment programs to 73% of the final state daily
             18      incarceration rate.
             19      Money Appropriated in this Bill:
             20          None
             21      Other Special Clauses:
             22          None
             23      Utah Code Sections Affected:
             24      AMENDS:
             25          64-13e-103, as last amended by Laws of Utah 2011, Chapter 93
             27      Be it enacted by the Legislature of the state of Utah:

             28          Section 1. Section 64-13e-103 is amended to read:
             29           64-13e-103. Contracts for housing state inmates.
             30          (1) Subject to Subsection (6), the department may contract with a county to house state
             31      inmates in a county or other correctional facility.
             32          (2) The department shall give preference for placement of state inmates, over private
             33      entities, to county correctional facility bed spaces for which the department has contracted
             34      under Subsection (1).
             35          (3) (a) The compensation rate for housing state inmates pursuant to a contract
             36      described in Subsection (1) shall be:
             37          (i) [73%] 79% of the final state daily incarceration rate for beds in a county that,
             38      pursuant to the contract, are dedicated to a treatment program to state inmates, if the treatment
             39      program is approved by the department under Subsection (3)(c); and
             40          (ii) [70%] 73% of the final state daily incarceration rate for beds in a county other than
             41      the beds described in Subsection (3)(a)(i).
             42          (b) The department shall:
             43          (i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
             44      Rulemaking Act, that establish standards that a treatment program is required to meet before
             45      the treatment program is considered for approval for the purpose of a county receiving payment
             46      based on the rate described in Subsection (3)(a)(i); and
             47          (ii) determine on an annual basis, based on appropriations made by the Legislature for
             48      the contracts described in this section, whether to approve a treatment program that meets the
             49      standards established under Subsection (3)(b)(i), for the purpose of a county receiving payment
             50      based on the rate described in Subsection (3)(a)(i).
             51          (c) The department may not approve a treatment program for the purpose of a county
             52      receiving payment based on the rate described in Subsection (3)(a)(i), unless:
             53          (i) the program meets the standards established under Subsection (3)(b)(i);
             54          (ii) the department determines that the Legislature has appropriated sufficient funds to:
             55          (A) pay the county that provides the treatment program at the rate described in
             56      Subsection (3)(a)(i); and
             57          (B) pay each county that does not provide a treatment program an amount per state
             58      inmate that is not less than the amount per state inmate received for the preceding fiscal year by

             59      a county that did not provide a treatment program; and
             60          (iii) the department determines that the treatment program is needed by the department
             61      at the location where the treatment program will be provided.
             62          (4) Compensation to a county for state inmates incarcerated under this section shall be
             63      made by the department.
             64          (5) Counties that contract with the department under Subsection (1) shall, on or before
             65      June 30 of each year, submit a report to the department that includes:
             66          (a) the number of state inmates the county housed under this section; and
             67          (b) the total number of state inmate days of incarceration that were provided by the
             68      county.
             69          (6) Except as provided under Subsection (7), the department may not enter into a
             70      contract described under Subsection (1), unless the Legislature has previously passed a joint
             71      resolution that includes the following information regarding the proposed contract:
             72          (a) the approximate number of beds to be contracted;
             73          (b) the final state daily incarceration rate;
             74          (c) the approximate amount of the county's long-term debt; and
             75          (d) the repayment time of the debt for the facility where the inmates are to be housed.
             76          (7) The department may enter into a contract with a county government to house
             77      inmates without complying with the approval process described in Subsection (6) only if the
             78      county facility was under construction, or already in existence, on March 16, 2001.
             79          (8) Any resolution passed by the Legislature under Subsection (6) does not bind or
             80      obligate the Legislature or the department regarding the proposed contract.

Legislative Review Note
    as of 2-16-12 3:41 PM

Office of Legislative Research and General Counsel

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