Chief Sponsor: Michael E. Noel

Senate Sponsor: Evan J. Vickers


8     General Description:
9          This bill increases the daily rate for treatment beds in county facilities.
10     Highlighted Provisions:
11          This bill:
12          ▸     increases the daily rate from 89% to 91.75% for treatment beds for state inmates in
13     county facilities.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          64-13e-103, as last amended by Laws of Utah 2017, Chapter 302

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 64-13e-103 is amended to read:
24          64-13e-103. Contracts for housing state inmates.
25          (1) Subject to Subsection (6), the department may contract with a county to house state
26     inmates in a county or other correctional facility.
27          (2) The department shall give preference for placement of state inmates, over private

28     entities, to county correctional facility bed spaces for which the department has contracted
29     under Subsection (1).
30          (3) (a) The compensation rate for housing state inmates pursuant to a contract
31     described in Subsection (1) shall be:
32          (i) [89%] 91.75% of the final state daily incarceration rate for beds in a county that,
33     pursuant to the contract, are dedicated to a treatment program to state inmates, if the treatment
34     program is approved by the department under Subsection (3)(c); and
35          (ii) 73% of the final state daily incarceration rate for beds in a county other than the
36     beds described in Subsection (3)(a)(i).
37          (b) The department shall:
38          (i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
39     Rulemaking Act, that establish standards that a treatment program is required to meet before
40     the treatment program is considered for approval for the purpose of a county receiving payment
41     based on the rate described in Subsection (3)(a)(i); and
42          (ii) determine on an annual basis, based on appropriations made by the Legislature for
43     the contracts described in this section, whether to approve a treatment program that meets the
44     standards established under Subsection (3)(b)(i), for the purpose of a county receiving payment
45     based on the rate described in Subsection (3)(a)(i).
46          (c) The department may not approve a treatment program for the purpose of a county
47     receiving payment based on the rate described in Subsection (3)(a)(i), unless:
48          (i) the program meets the standards established under Subsection (3)(b)(i);
49          (ii) the department determines that the Legislature has appropriated sufficient funds to:
50          (A) pay the county that provides the treatment program at the rate described in
51     Subsection (3)(a)(i); and
52          (B) pay each county that does not provide a treatment program an amount per state
53     inmate that is not less than the amount per state inmate received for the preceding fiscal year by
54     a county that did not provide a treatment program; and
55          (iii) the department determines that the treatment program is needed by the department
56     at the location where the treatment program will be provided.
57          (4) Compensation to a county for state inmates incarcerated under this section shall be
58     made by the department.

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

Legislative Review Note
Office of Legislative Research and General Counsel