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CONDITIONS OF PROBATION

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2015 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Scott K. Jenkins

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House Sponsor: Eric K. Hutchings

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7     LONG TITLE
8     General Description:
9          This bill modifies the provisions regarding the incarceration of state probationary
10     inmates in a county correctional facility.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that a county may release a specified number of inmates from a county
14     correctional facility if the state does not appropriate an amount of funds as
15     specified.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          64-13e-104, as last amended by Laws of Utah 2014, Chapter 436
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 64-13e-104 is amended to read:
26          64-13e-104. Housing of state probationary inmates or state parole inmates --
27     Payment.
28          (1) (a) A county shall accept and house a state probationary inmate or a state parole
29     inmate in a county correctional facility, subject to available resources.

30          (b) A county may release a number of inmates from a county correctional facility, but
31     not to exceed the number of state probationary inmates [and state parole inmates] in excess of
32     the number of inmates funded by the appropriation authorized in Subsection (2), if:
33          (i) the state does not fully comply with the provisions of Subsection (9) for the most
34     current fiscal year; or
35          (ii) funds appropriated by the Legislature for this purpose are less than 50% of the
36     average actual state daily incarceration rate.
37          (2) Within funds appropriated by the Legislature for this purpose, the Division of
38     Finance shall pay a county that houses a state probationary inmate or a state parole inmate at a
39     rate of 50% of the final state daily incarceration rate.
40          (3) Funds appropriated by the Legislature under Subsection (2):
41          (a) are nonlapsing;
42          (b) may only be used for the purposes described in Subsection (2); and
43          (c) may not be used for:
44          (i) the costs of administering the payment described in this section; or
45          (ii) payment of contract costs under Section 64-13e-103.
46          (4) The costs described in Subsection (3)(c)(i) shall be covered by legislative
47     appropriation.
48          (5) (a) The Division of Finance shall administer the payment described in Subsection
49     (2).
50          (b) In accordance with Subsection (9), CCJJ shall, by rule made pursuant to Title 63G,
51     Chapter 3, Utah Administrative Rulemaking Act, establish procedures for the calculation of the
52     payment described in Subsection (2).
53          (c) Notwithstanding any other provision of this section, CCJJ shall adjust the amount
54     of the payments described in Subsection (7)(b), on a pro rata basis, to ensure that the total
55     amount of the payments made does not exceed the amount appropriated by the Legislature for
56     the payments.
57          (6) Counties that receive the payment described in Subsection (2) shall, on at least a

58     monthly basis, submit a report to CCJJ that includes:
59          (a) the number of state probationary inmates and state parole inmates the county
60     housed under this section; and
61          (b) the total number of state probationary inmate days of incarceration and state parole
62     inmate days of incarceration that were provided by the county.
63          (7) (a) On or before September 30 of each year, CCJJ shall compile the information
64     from the reports described in Subsection (6) that relate to the preceding state fiscal year and
65     provide a copy of the compilation to each county that submitted a report.
66          (b) On or before October 15 of each year, CCJJ shall inform the Division of Finance
67     and each county of the exact amount of the payment described in this section that shall be made
68     to each county.
69          (8) On or before December 15 of each year, the Division of Finance shall distribute the
70     payment described in Subsection (7)(b) in a single payment to each county.
71          (9) The amount paid to each county under Subsection (8) shall be calculated on a pro
72     rata basis, based on the average number of state probationary inmate days of incarceration and
73     the average state parole inmate days of incarceration that were provided by each county for the
74     preceding five state fiscal years.