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7 LONG TITLE
8 General Description:
9 This bill modifies the State Institutions code regarding the jail contracting rate for
10 county jail beds that provide treatment services for state inmates.
11 Highlighted Provisions:
12 This bill:
13 ▸ increases the contract rate for county jail beds that house state inmates and that
14 provide treatment services from 84% to 86% of the average state daily incarceration
15 rate.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 64-13e-103, as last amended by Laws of Utah 2015, Chapter 271
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 64-13e-103 is amended to read:
26 64-13e-103. Contracts for housing state inmates.
27 (1) Subject to Subsection (6), the department may contract with a county to house state
28 inmates in a county or other correctional facility.
29 (2) The department shall give preference for placement of state inmates, over private
30 entities, to county correctional facility bed spaces for which the department has contracted
31 under Subsection (1).
32 (3) (a) The compensation rate for housing state inmates pursuant to a contract
33 described in Subsection (1) shall be:
34 (i) [
35 pursuant to the contract, are dedicated to a treatment program to state inmates, if the treatment
36 program is approved by the department under Subsection (3)(c); and
37 (ii) 73% of the final state daily incarceration rate for beds in a county other than the
38 beds described in Subsection (3)(a)(i).
39 (b) The department shall:
40 (i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
41 Rulemaking Act, that establish standards that a treatment program is required to meet before
42 the treatment program is considered for approval for the purpose of a county receiving payment
43 based on the rate described in Subsection (3)(a)(i); and
44 (ii) determine on an annual basis, based on appropriations made by the Legislature for
45 the contracts described in this section, whether to approve a treatment program that meets the
46 standards established under Subsection (3)(b)(i), for the purpose of a county receiving payment
47 based on the rate described in Subsection (3)(a)(i).
48 (c) The department may not approve a treatment program for the purpose of a county
49 receiving payment based on the rate described in Subsection (3)(a)(i), unless:
50 (i) the program meets the standards established under Subsection (3)(b)(i);
51 (ii) the department determines that the Legislature has appropriated sufficient funds to:
52 (A) pay the county that provides the treatment program at the rate described in
53 Subsection (3)(a)(i); and
54 (B) pay each county that does not provide a treatment program an amount per state
55 inmate that is not less than the amount per state inmate received for the preceding fiscal year by
56 a county that did not provide a treatment program; and
57 (iii) the department determines that the treatment program is needed by the department
58 at the location where the treatment program will be provided.
59 (4) Compensation to a county for state inmates incarcerated under this section shall be
60 made by the department.
61 (5) Counties that contract with the department under Subsection (1) shall, on or before
62 June 30 of each year, submit a report to the department that includes:
63 (a) the number of state inmates the county housed under this section; and
64 (b) the total number of state inmate days of incarceration that were provided by the
65 county.
66 (6) Except as provided under Subsection (7), the department may not enter into a
67 contract described under Subsection (1), unless the Legislature has previously passed a joint
68 resolution that includes the following information regarding the proposed contract:
69 (a) the approximate number of beds to be contracted;
70 (b) the final state daily incarceration rate;
71 (c) the approximate amount of the county's long-term debt; and
72 (d) the repayment time of the debt for the facility where the inmates are to be housed.
73 (7) The department may enter into a contract with a county government to house
74 inmates without complying with the approval process described in Subsection (6) only if the
75 county facility was under construction, or already in existence, on March 16, 2001.
76 (8) Any resolution passed by the Legislature under Subsection (6) does not bind or
77 obligate the Legislature or the department regarding the proposed contract.