Chief Sponsor: Val K. Potter

Senate Sponsor: Lyle W. Hillyard


8     General Description:
9          This bill establishes the daily compensation rate for treatment beds in county facilities
10     offering alternative treatment programs.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     amends the definition of "treatment program" to include alternative treatment
15     programs related to vocational training or cognitive behavioral therapy;
16          ▸     establishes the daily compensation rate to be paid to a county for treatment beds
17     dedicated to state inmates receiving alternative treatment in a county facility; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          64-13e-102, as last amended by Laws of Utah 2011, Chapter 93
26          64-13e-103, as last amended by Laws of Utah 2017, Chapter 302

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 64-13e-102 is amended to read:
30          64-13e-102. Definitions.
31          As used in this chapter:
32          (1) "Actual state daily incarceration rate" means the daily incarceration rate that reflects
33     the actual expenses of the department, including:
34          (a) executive overhead;
35          (b) administrative overhead;
36          (c) transportation overhead;
37          (d) division overhead;
38          (e) motor pool expenses;
39          (f) medical expenses;
40          (g) mental health expenses;
41          (h) dental expenses;
42          (i) straight line capital depreciation, over a 40-year period, for prison facilities of the
43     department; and
44          (j) expenses for treatment, including substance abuse treatment, alcohol abuse
45     treatment, [and] sex offender treatment, and alternative treatment.
46          (2) "Alternative treatment" means:
47          (a) evidence-based cognitive behavioral therapy; or
48          (b) technical, vocational, or trade training designed to prepare an individual for
49     employment.
50          [(2)] (3) "CCJJ" means the Utah Commission on Criminal and Juvenile Justice, created
51     in Section 63M-7-201.
52          [(3)] (4) "Department" means the Department of Corrections.
53          [(4)] (5) "Division of Finance" means the Division of Finance, created in Section
54     63A-3-101.
55          [(5)] (6) "Final state daily incarceration rate" means the average actual state daily
56     incarceration rate, calculated, reviewed, and discussed under Section 64-13e-105, and approved
57     by the Legislature under Subsection 64-13e-105(3).
58          [(6)] (7) "State inmate" means [a person] an individual, other than a state probationary

59     inmate or state parole inmate, who is committed to the custody of the department.
60          [(7)] (8) "State parole inmate" means [a person] an individual who is:
61          (a) on parole, as defined in Section 77-27-1; and
62          (b) housed in a county jail for a reason related to the [person's] individual's parole.
63          [(8)] (9) "State probationary inmate" means a felony probationer sentenced to time in a
64     county jail under Subsection 77-18-1(8).
65          [(9)] (10) "Treatment program" means:
66          (a) an alcohol treatment program;
67          (b) a substance abuse treatment program; [or]
68          (c) a sex offender treatment program[.]; or
69          (d) an alternative treatment program.
70          Section 2. Section 64-13e-103 is amended to read:
71          64-13e-103. Contracts for housing state inmates.
72          (1) Subject to Subsection (6), the department may contract with a county to house state
73     inmates in a county or other correctional facility.
74          (2) The department shall give preference for placement of state inmates, over private
75     entities, to county correctional facility bed spaces for which the department has contracted
76     under Subsection (1).
77          (3) (a) The compensation rate for housing state inmates pursuant to a contract
78     described in Subsection (1) shall be:
79          (i) except as provided in Subsection (3)(a)(ii), 89% of the final state daily incarceration
80     rate for beds in a county that, pursuant to the contract, are dedicated to a treatment program [to]
81     for state inmates, if the treatment program is approved by the department under Subsection
82     (3)(c); [and]
83          (ii) 81% of the final state daily incarceration rate for beds in a county that, pursuant to
84     the contract, are dedicated to an alternative treatment program for state inmates, if the
85     alternative treatment program is approved by the department under Subsection (3)(c); and
86          [(ii)] (iii) 73% of the final state daily incarceration rate for beds in a county other than
87     the beds described in [Subsection] Subsections (3)(a)(i) and (ii).
88          (b) The department shall:
89          (i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative

90     Rulemaking Act, that establish standards that a treatment program is required to meet before
91     the treatment program is considered for approval for the purpose of a county receiving payment
92     based on the rate described in Subsection (3)(a)(i) or (ii); and
93          (ii) determine on an annual basis, based on appropriations made by the Legislature for
94     the contracts described in this section, whether to approve a treatment program that meets the
95     standards established under Subsection (3)(b)(i), for the purpose of a county receiving payment
96     based on the rate described in Subsection (3)(a)(i) or (ii).
97          (c) The department may not approve a treatment program for the purpose of a county
98     receiving payment based on the rate described in Subsection (3)(a)(i) or (ii), unless:
99          (i) the program meets the standards established under Subsection (3)(b)(i);
100          (ii) the department determines that the Legislature has appropriated sufficient funds to:
101          (A) pay the county that provides the treatment program at the rate described in
102     Subsection (3)(a)(i) or (ii); and
103          (B) pay each county that does not provide a treatment program an amount per state
104     inmate that is not less than the amount per state inmate received for the preceding fiscal year by
105     a county that did not provide a treatment program; and
106          (iii) the department determines that the treatment program is needed by the department
107     at the location where the treatment program will be provided.
108          (4) Compensation to a county for state inmates incarcerated under this section shall be
109     made by the department.
110          (5) Counties that contract with the department under Subsection (1) shall, on or before
111     June 30 of each year, submit a report to the department that includes:
112          (a) the number of state inmates the county housed under this section; and
113          (b) the total number of state inmate days of incarceration that were provided by the
114     county.
115          (6) Except as provided under Subsection (7), the department may not enter into a
116     contract described under Subsection (1), unless the Legislature has previously passed a joint
117     resolution that includes the following information regarding the proposed contract:
118          (a) the approximate number of beds to be contracted;
119          (b) the final state daily incarceration rate;
120          (c) the approximate amount of the county's long-term debt; and

121          (d) the repayment time of the debt for the facility where the inmates are to be housed.
122          (7) The department may enter into a contract with a county government to house
123     inmates without complying with the approval process described in Subsection (6) only if the
124     county facility was under construction, or already in existence, on March 16, 2001.
125          (8) Any resolution passed by the Legislature under Subsection (6) does not bind or
126     obligate the Legislature or the department regarding the proposed contract.

Legislative Review Note
Office of Legislative Research and General Counsel