Chief Sponsor: Michael E. Noel

Senate Sponsor: Daniel W. Thatcher


8     General Description:
9          This bill modifies the State Institutions Code by increasing the compensation rate to
10     counties for housing state inmates in county facilities that provide rehabilitative
11     treatment.
12     Highlighted Provisions:
13          This bill:
14          ▸     increases to 84% of the calculated final state daily incarceration rate the rate at
15     which the state reimburses counties for housing state inmates and providing
16     treatment programs.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          64-13e-103, as last amended by Laws of Utah 2012, Chapter 358

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 64-13e-103 is amended to read:
27          64-13e-103. Contracts for housing state inmates.

28          (1) Subject to Subsection (6), the department may contract with a county to house state
29     inmates in a county or other correctional facility.
30          (2) The department shall give preference for placement of state inmates, over private
31     entities, to county correctional facility bed spaces for which the department has contracted
32     under Subsection (1).
33          (3) (a) The compensation rate for housing state inmates pursuant to a contract
34     described in Subsection (1) shall be:
35          (i) [79%] 84% of the final state daily incarceration rate for beds in a county that,
36     pursuant to the contract, are dedicated to a treatment program to state inmates, if the treatment
37     program is approved by the department under Subsection (3)(c); and
38          (ii) 73% of the final state daily incarceration rate for beds in a county other than the
39     beds described in Subsection (3)(a)(i).
40          (b) The department shall:
41          (i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
42     Rulemaking Act, that establish standards that a treatment program is required to meet before
43     the treatment program is considered for approval for the purpose of a county receiving payment
44     based on the rate described in Subsection (3)(a)(i); and
45          (ii) determine on an annual basis, based on appropriations made by the Legislature for
46     the contracts described in this section, whether to approve a treatment program that meets the
47     standards established under Subsection (3)(b)(i), for the purpose of a county receiving payment
48     based on the rate described in Subsection (3)(a)(i).
49          (c) The department may not approve a treatment program for the purpose of a county
50     receiving payment based on the rate described in Subsection (3)(a)(i), unless:
51          (i) the program meets the standards established under Subsection (3)(b)(i);
52          (ii) the department determines that the Legislature has appropriated sufficient funds to:
53          (A) pay the county that provides the treatment program at the rate described in
54     Subsection (3)(a)(i); and
55          (B) pay each county that does not provide a treatment program an amount per state
56     inmate that is not less than the amount per state inmate received for the preceding fiscal year by
57     a county that did not provide a treatment program; and
58          (iii) the department determines that the treatment program is needed by the department

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

Legislative Review Note
     as of 2-11-15 9:38 AM

Office of Legislative Research and General Counsel