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H.C.R. 5 Enrolled







Chief Sponsor: Michael E. Noel

Senate Sponsor: Scott K. Jenkins

             9      LONG TITLE
             10      General Description:
             11          This concurrent resolution of the Legislature and the Governor recognizes regional
             12      correctional facilities and county jail contracting as alternatives to address increasing
             13      incarceration costs and critical prison space needs.
             14      Highlighted Provisions:
             15          This resolution:
             16          .    recognizes that regional correctional facilities and county jail contracting can assist
             17      the state of Utah in addressing increasing incarceration costs and critical prison
             18      space needs.
             19      Special Clauses:
             20          None
             22      Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
             23          WHEREAS, the state of Utah is seriously considering the possibility of closing the
             24      prison located in Draper, Utah;
             25          WHEREAS, the process for determining whether the Draper facility should be
             26      relocated should include a determination of the ideal housing of prisoners currently at the
             27      Draper facility;
             28          WHEREAS, any discussion of prison relocation should focus on public safety
             29      outcomes;

             30          WHEREAS, corrections programming and bricks-and-mortar planning and decisions
             31      should align with public safety policy goals and maximize government efficiency and
             32      effectiveness as well as achieve the Department of Corrections' goal of rehabilitation and
             33      recidivism reduction;
             34          WHEREAS, the mission statement of the Utah Department of Corrections declares,
             35      "Our dedicated team of professionals ensures public safety by effectively managing offenders
             36      while maintaining close collaboration with partner agencies and the community. Our team is
             37      devoted to providing maximum opportunities for offenders to make lasting changes through
             38      accountability, treatment, education, and positive reinforcement within a safe environment";
             39          WHEREAS, soliciting input and recommendations from county officials regarding
             40      regional correctional facilities and county jail contracting is a useful tool to accomplish
             41      correctional goals and achieve the Department of Corrections' mission;
             42          WHEREAS, regional correctional facilities and county jail contracting will promote the
             43      Department of Corrections' mission;
             44          WHEREAS, various counties in the state of Utah have, for a number of years,
             45      contracted with the Department of Corrections to house prisoners in their jails;
             46          WHEREAS, many counties in the state have constructed jail facilities specifically for
             47      the purpose of housing state inmates on a contract basis with the Department of Corrections;
             48          WHEREAS, counties are an integral part of Utah and can be a strong partner in
             49      addressing state prison space needs;
             50          WHEREAS, county jail contracting has proven to be a less expensive alternative to
             51      expending state funds to build new facilities;
             52          WHEREAS, currently there is some excess capacity in some county jail facilities that
             53      could be utilized to house prisoners currently housed at the Draper Prison;
             54          WHEREAS, if the determination is made to relocate Draper Prison inmates into county
             55      operated facilities, various counties are willing to increase the capacity of their existing jails or
             56      build new facilities if the state will guarantee inmates for a specified period of time and at a
             57      specified payment rate;

             58          WHEREAS, programming and treatment opportunities in the prison and in county jails
             59      upon reentry into the community should be considered along with any decision to increase
             60      current capacity of prison or jail beds;
             61          WHEREAS, county facilities have developed programming opportunities for inmates
             62      that range from treatment programs to education programs and have provided excellent
             63      opportunities for inmates to receive treatment and to advance their education;
             64          WHEREAS, currently the Department of Corrections may engage in contract
             65      negotiations with county jails to tailor inmate housing of medium and minimum security
             66      inmates to the individual county's capacity to provide efficient and effective security for the
             67      surrounding community and the public at large;
             68          WHEREAS, for any county entering into a contract, minimum standards should be set,
             69      reviewed, and monitored by the Department of Corrections;
             70          WHEREAS, county jails may be a viable option for housing medium and minimum
             71      security state inmates;
             72          WHEREAS, counties should work with the Department of Corrections to determine the
             73      programming needs for state inmates;
             74          WHEREAS, treatment programming in county jails should have the written approval of
             75      the Department of Corrections prior to implementation;
             76          WHEREAS, technology, including video systems, has been developed and is in use in
             77      many jails throughout the state that allows hearings to be held at jail facilities with judges and
             78      hearing officers in different locations from the actual inmates;
             79          WHEREAS, new techniques have been developed in several of the county jails that
             80      allow visitation of inmates to be conducted either by video or through Internet access using a
             81      computer, so that the family or professional visitors do not need to come to the jail facility to
             82      visit with an inmate;
             83          WHEREAS, counties have developed excellent work programs that allow inmates to
             84      work in the communities in which they are housed;
             85          WHEREAS, this enhances the good of the community and the well-being of the inmate;

             86          WHEREAS, several county facilities have specialized in housing female inmates and
             87      are in a position to expand and increase their capacity to house more female inmates;
             88          WHEREAS, the counties are capable, willing, and ready to enter into negotiations with
             89      the state to provide additional bed space up to the maximum amount of bed space needed to
             90      relocate the Draper Prison facility and to provide all necessary accessories, as outlined in this
             91      resolution, in order for the inmates to successfully reenter society upon the completion of their
             92      prison terms;
             93          WHEREAS, county jail programs should, at a minimum, be administered in the way
             94      the Department of Corrections administers its own programming;
             95          WHEREAS, recognizing that inmate treatment and programmatic needs are
             96      multifaceted, each regional or county correctional facility may develop areas of specialization
             97      and tailor programming that still serves the multiple needs of inmates, including substance
             98      abuse, psychiatric, or sex offender treatment programs;
             99          WHEREAS, the decision of where to house inmates would then be influenced by which
             100      facility provides the best programming options to meet the inmates' needs; and
             101          WHEREAS, if counties build jail facilities, the state does not have to bond because the
             102      state would be paying for the use of the facilities, not the facilities' construction:
             103          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
             104      Governor concurring therein, recognizes that regional correctional facilities and county jail
             105      contracting can assist the state of Utah in addressing increasing incarceration costs and critical
             106      prison space needs.
             107          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Utah
             108      Department of Corrections and commissions of each county in the state of Utah.

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