1     
DEPARTMENT OF CORRECTIONS AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lincoln Fillmore

5     
House Sponsor: Paul Ray

6     

7     LONG TITLE
8     General Description:
9          This bill modifies Title 17, Counties, and Title 64, State Institutions, regarding the
10     Department of Corrections.
11     Highlighted Provisions:
12          This bill:
13          ▸     repeals language regarding work release programs, including reference to trusty
14     status;
15          ▸     eliminates a report to the Commission on Criminal and Juvenile Justice regarding
16     the effectiveness of sex offender treatment;
17          ▸     eliminates a report from the Commission on Criminal and Juvenile Justice to the
18     Judiciary Interim Committee regarding the sex offender treatment program; and
19          ▸     makes technical changes to reflect current practices of the Department of
20     Corrections.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          17-50-319, as last amended by Laws of Utah 2011, Chapter 64
28          64-13-1, as last amended by Laws of Utah 2015, Chapter 412
29          64-13-2, as last amended by Laws of Utah 1990, Chapter 183
30          64-13-6, as last amended by Laws of Utah 2015, Chapter 412
31          64-13-7, as last amended by Laws of Utah 1987, Chapter 116
32          64-13-30, as last amended by Laws of Utah 2010, Chapter 386
33     REPEALS:
34          64-13-14.6, as last amended by Laws of Utah 2004, Chapter 274
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 17-50-319 is amended to read:
38          17-50-319. County charges enumerated.
39          (1) County charges are:
40          (a) those incurred against the county by any law;
41          (b) the necessary expenses of the county attorney or district attorney incurred in
42     criminal cases arising in the county, and all other expenses necessarily incurred by the county
43     or district attorney in the prosecution of criminal cases, except jury and witness fees;
44          (c) medical care as described in Section 17-22-8, and other expenses necessarily
45     incurred in the support of persons charged with or convicted of a criminal offense and
46     committed to the county jail, except as provided in Subsection (2);
47          (d) for a county not within the state district court administrative system, the sum
48     required by law to be paid jurors in civil cases;
49          (e) all charges and accounts for services rendered by any justice court judge for
50     services in the trial and examination of persons charged with a criminal offense not otherwise
51     provided for by law;
52          (f) the contingent expenses necessarily incurred for the use and benefit of the county;
53          (g) every other sum directed by law to be raised for any county purposes under the
54     direction of the county legislative body or declared a county charge;
55          (h) the fees of constables for services rendered in criminal cases;
56          (i) the necessary expenses of the sheriff and deputies incurred in civil and criminal
57     cases arising in the county, and all other expenses necessarily incurred by the sheriff and
58     deputies in performing the duties imposed upon them by law;
59          (j) the sums required by law to be paid by the county to jurors and witnesses serving at
60     inquests and in criminal cases in justice courts; and
61          (k) subject to Subsection (2), expenses incurred by a health care facility or provider in
62     providing medical services, treatment, hospitalization, or related transportation, at the request
63     of a county sheriff for:
64          (i) persons booked into a county jail on a charge of a criminal offense; or
65          (ii) persons convicted of a criminal offense and committed to a county jail.
66          (2) (a) Expenses described in Subsections (1)(c) and (1)(k) are a charge to the county
67     only to the extent that they exceed any private insurance in effect that covers those expenses.
68          (b) [Subject to the priorities for payment under Subsection 64-13-30(1), the] The
69     county may collect costs of medical care, treatment, hospitalization, and related transportation
70     provided to the person described in Subsection (1)(k) who has the resources or the ability to
71     pay[.], subject to the following priorities for payment:
72          (i) first priority shall be given to restitution; and
73          (ii) second priority shall be given to family support obligations.
74          (c) A county may seek reimbursement from a person described in Subsection (1)(k) for
75     expenses incurred by the county in behalf of the inmate for medical care, treatment,
76     hospitalization, or related transportation by:
77          (i) deducting the cost from the inmate's cash account on deposit with the detention
78     facility during the inmate's incarceration or during a subsequent incarceration if the subsequent
79     incarceration occurs within the same county and the incarceration is within 10 years of the date
80     of the expense in behalf of the inmate;
81          (ii) placing a lien for the amount of the expense against the inmate's personal property
82     held by the jail; and
83          (iii) adding the amount of expenses incurred to any other amount owed by the inmate
84     to the jail upon the inmate's release, as allowed under Subsection 76-3-201(6)(a).
85          (d) An inmate who receives medical care, treatment, hospitalization, or related
86     transportation shall cooperate with the jail facility seeking payment or reimbursement under
87     this section for the inmate's expenses.
88          (e) If there is no contract between a county jail and a health care facility or provider
89     that establishes a fee schedule for medical services rendered, expenses under Subsection (1)(k)
90     shall be commensurate with:
91          (i) for a health care facility, the current noncapitated state Medicaid rates; and
92          (ii) for a health care provider, 65% of the amount that would be paid to the health care
93     provider:
94          (A) under the Public Employees' Benefit and Insurance Program, created in Section
95     49-20-103; and
96          (B) if the person receiving the medical service were a covered employee under the
97     Public Employees' Benefit and Insurance Program.
98          (f) Subsection (1)(k) does not apply to expenses of a person held at the jail at the
99     request of an agency of the United States.
100          (g) A county that receives information from the Public Employees' Benefit and
101     Insurance Program to enable the county to calculate the amount to be paid to a health care
102     provider under Subsection (2)(e)(ii) shall keep that information confidential.
103          Section 2. Section 64-13-1 is amended to read:
104          64-13-1. Definitions.
105          As used in this chapter:
106          (1) "Case action plan" means a document developed by the Department of Corrections
107     that identifies the program priorities for the treatment of the offender, including the criminal
108     risk factors as determined by a risk and needs assessment conducted by the department.
109          (2) "Community correctional center" means a nonsecure correctional facility operated[:
110     (a)] by the department[; or].
111          [(b) under a contract with the department.]
112          (3) "Correctional facility" means any facility operated to house offenders, either in a
113     secure or nonsecure setting:
114          (a) by the department; or
115          (b) under a contract with the department.
116          (4) "Criminal risk factors" means a person's characteristics and behaviors that:
117          (a) affect that person's risk of engaging in criminal behavior; and
118          (b) are diminished when addressed by effective treatment, supervision, and other
119     support resources, resulting in a reduced risk of criminal behavior.
120          (5) "Department" means the Department of Corrections.
121          (6) "Emergency" means any riot, disturbance, homicide, inmate violence occurring in
122     any correctional facility, or any situation that presents immediate danger to the safety, security,
123     and control of the department.
124          (7) "Executive director" means the executive director of the Department of
125     Corrections.
126          (8) "Inmate" means any person who is committed to the custody of the department and
127     who is housed at a correctional facility or at a county jail at the request of the department.
128          (9) "Offender" means any person who has been convicted of a crime for which he may
129     be committed to the custody of the department and is at least one of the following:
130          (a) committed to the custody of the department;
131          (b) on probation; or
132          (c) on parole.
133          (10) "Risk and needs assessment" means an actuarial tool validated on criminal
134     offenders that determines:
135          (a) an individual's risk of reoffending; and
136          (b) the criminal risk factors that, when addressed, reduce the individual's risk of
137     reoffending.
138          (11) "Secure correctional facility" means any prison, penitentiary, or other institution
139     operated by the department or under contract for the confinement of offenders, where force
140     may be used to restrain them if they attempt to leave the institution without authorization.
141          Section 3. Section 64-13-2 is amended to read:
142          64-13-2. Creation of department.
143          There is created a Department of Corrections, under the general supervision of the
144     executive director of the department. The department is the state authority for corrections [and
145     assumes all powers and responsibilities formerly vested in the Board of Corrections and the
146     Division of Corrections in the Department of Human Services].
147          Section 4. Section 64-13-6 is amended to read:
148          64-13-6. Department duties.
149          (1) The department shall:
150          (a) protect the public through institutional care and confinement, and supervision in the
151     community of offenders where appropriate;
152          (b) implement court-ordered punishment of offenders;
153          (c) provide program opportunities for offenders;
154          (d) provide treatment for sex offenders who are found to be treatable based upon
155     criteria developed by the department;
156          (e) provide the results of ongoing assessment of sex offenders and objective diagnostic
157     testing to sentencing and release authorities;
158          (f) manage programs that take into account the needs and interests of victims, where
159     reasonable;
160          (g) supervise probationers and parolees as directed by statute and implemented by the
161     courts and the Board of Pardons and Parole;
162          (h) subject to Subsection (2), investigate criminal conduct involving offenders
163     incarcerated in a state correctional facility;
164          (i) cooperate and exchange information with other state, local, and federal law
165     enforcement agencies to achieve greater success in prevention and detection of crime and
166     apprehension of criminals;
167          (j) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
168     Offender Supervision; and
169          (k) establish a case action plan for each offender as follows:
170          (i) if an offender is to be supervised in the community, the case action plan shall be
171     established for the offender not more than 90 days after supervision by the department begins;
172     and
173          (ii) if the offender is committed to the custody of the department, the case action plan
174     shall be established for the offender not more than 120 days after the commitment.
175          (2) The department may in the course of supervising probationers and parolees:
176          (a) impose graduated sanctions, as established by the Utah Sentencing Commission
177     under Subsection 63M-7-404(6), for an individual's violation of one or more terms of the
178     probation or parole; and
179          (b) upon approval by the court or the Board of Pardons and Parole, impose as a
180     sanction for an individual's violation of the terms of probation or parole a period of
181     incarceration of not more than three consecutive days and not more than a total of five days
182     within a period of 30 days.
183          (3) (a) By following the procedures in Subsection (3)(b), the department may
184     investigate the following occurrences at state correctional facilities:
185          (i) criminal conduct of departmental employees;
186          (ii) felony crimes resulting in serious bodily injury;
187          (iii) death of any person; or
188          (iv) aggravated kidnaping.
189          (b) Prior to investigating any occurrence specified in Subsection (3)(a), the department
190     shall:
191          (i) notify the sheriff or other appropriate law enforcement agency promptly after
192     ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) has
193     occurred; and
194          (ii) obtain consent of the sheriff or other appropriate law enforcement agency to
195     conduct an investigation involving an occurrence specified in Subsection (3)(a).
196          (4) Upon request, the department shall provide copies of investigative reports of
197     criminal conduct to the sheriff or other appropriate law enforcement agencies.
198          [(5) The department shall provide data to the Commission on Criminal and Juvenile
199     Justice to show the criteria for determining sex offender treatability, the implementation and
200     effectiveness of sex offender treatment, and the results of ongoing assessment and objective
201     diagnostic testing. The Commission on Criminal and Juvenile Justice shall then report these
202     data in writing to the Judiciary Interim Committee, if requested by the committee, and to the
203     appropriate appropriations subcommittee annually.]
204          [(6)] (5) The Department of Corrections shall collect accounts receivable ordered by
205     the district court as a result of prosecution for a criminal offense according to the requirements
206     and during the time periods established in Subsection 77-18-1(9).
207          Section 5. Section 64-13-7 is amended to read:
208          64-13-7. Offenders in custody of department.
209          All offenders committed for incarceration in a state correctional facility[,] or for
210     supervision on probation or parole, [or for evaluation,] shall be placed in the custody of the
211     department. The department shall establish procedures and is responsible for the appropriate
212     assignment or transfer of public offenders to facilities or programs.
213          Section 6. Section 64-13-30 is amended to read:
214          64-13-30. Expenses incurred by offenders -- Payment to department or county
215     jail -- Medical care expenses and copayments.
216          [(1) (a) The department shall establish and collect from each offender on a work
217     release program the reasonable costs of the offender's maintenance, transportation, and
218     incidental expenses incurred by the department on behalf of the offender.]
219          [(b) Priority shall be given to restitution and family support obligations.]
220          [(c) The offender's reimbursement to the department for the cost of obtaining the
221     offender's DNA specimen under Section 53-10-404 is the next priority after Subsection (1)(b).]
222          [(2) The department, under its rules, may advance funds to any offender as necessary to
223     establish the offender in a work release program.]
224          [(3)] (1) (a) The department or county jail may require an inmate to make a copayment
225     for medical and dental services provided by the department or county jail.
226          (b) For services provided while in the custody of the department, the copayment by the
227     inmate is $5 for primary medical care, $5 for dental care, and $2 for prescription medication.
228          (c) For services provided outside of a prison facility while in the custody of the
229     department, the offender is responsible for 10% of the costs associated with hospital care with
230     a cap on an inmate's share of hospital care expenses not to exceed $2,000 per fiscal year.
231          [(4)] (2) (a) An inmate who has assets exceeding $200,000, as determined by the
232     department upon entry into the department's custody, is responsible to pay the costs of all
233     medical and dental care up to 20% of the inmate's total determined asset value.
234          (b) After an inmate has received medical and dental care equal to 20% of the inmate's
235     total asset value, the inmate is subject to the copayments provided in Subsection [(3)] (1).
236          [(5)] (3) The department shall turn over to the Office of State Debt Collection any debt
237     under this section that is unpaid at the time the offender is released from parole.
238          [(6)] (4) An inmate may not be denied medical treatment if the inmate is unable to pay
239     for the treatment because of inadequate financial resources.
240          [(7)] (5) When an offender in the custody of the department receives medical care that
241     is provided outside of a prison facility, the department shall pay the costs:
242          (a) at the contracted rate; or
243          (b) (i) if there is no contract between the department and a health care facility that
244     establishes a fee schedule for medical services rendered, expenses shall be at the noncapitated
245     state Medicaid rate in effect at the time the service was provided; and
246          (ii) if there is no contract between the department and a health care provider that
247     establishes a fee schedule for medical services rendered, expenses shall be 65% of the amount
248     that would be paid under the Public Employees' Benefit and Insurance Program, created in
249     Section 49-20-103.
250          [(8)] (6) Expenses described in Subsection [(7)] (5) are a cost to the department only to
251     the extent that they exceed an offender's private insurance that is in effect at the time of the
252     service and that covers those expenses.
253          [(9)] (7) (a) The Public Employees' Benefit and Insurance Program shall provide
254     information to the department that enables the department to calculate the amount to be paid to
255     a health care provider under Subsection [(7)] (5)(b).
256          (b) The department shall ensure that information provided under Subsection [(9)] (7)(a)
257     is confidential.
258          Section 7. Repealer.
259          This bill repeals:
260          Section 64-13-14.6, Inmate trusty status.