1     
RESTITUTION REPORTING

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
Senate Sponsor: Todd Weiler

6     Cosponsors:
7     Eric K. Hutchings
V. Lowry Snow


8     

9     LONG TITLE
10     General Description:
11          This bill requires reporting and collection of certain data related to inmates of county
12     jails and authorizes a study of that data.
13     Highlighted Provisions:
14          This bill:
15          ▸     defines terms;
16          ▸     requires county jails to report specified data regarding certain fees collected from
17     inmates to the Commission on Criminal and Juvenile Justice;
18          ▸     creates a task force for the purpose of reviewing the collected data and making
19     findings and recommendations based on that data;
20          ▸     requires the Commission on Criminal and Juvenile Justice to compile the data
21     collected and submit it to the Jail Incarceration and Transportation Costs Study
22     Council;
23          ▸     directs the membership and purpose of the Jail Incarceration and Transportation
24     Costs Study Council; and
25          ▸     provides a repeal date for provisions relating to the Jail Incarceration and
26     Transportation Costs Study Council.
27     Money Appropriated in this Bill:

28          None
29     Other Special Clauses:
30          This bill provides a special effective date.
31     Utah Code Sections Affected:
32     AMENDS:
33          63I-2-217, as last amended by Laws of Utah 2018, Chapter 68 and further amended by
34     Revisor Instructions, Laws of Utah 2018, Chapter 456
35     ENACTS:
36          17-22-32.2, Utah Code Annotated 1953
37          17-22-32.3, Utah Code Annotated 1953
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 17-22-32.2 is enacted to read:
41          17-22-32.2. Restitution reporting.
42          (1) As used in this section:
43          (a) "Commission" means the Commission on Criminal and Juvenile Justice.
44          (b) "Inmate" means an individual who is currently incarcerated or who was formerly
45     incarcerated at a county jail, regardless of whether the individual is convicted of a crime.
46          (c) "Incarceration fee" means a fee assessed to or collected from an inmate that is based
47     on the length of time the inmate is incarcerated at a county jail.
48          (d) "Restitution fees" means incarceration fees or transportation fees.
49          (e) "Sentencing court" means the court that exercises jurisdiction over an inmate
50     incarcerated at a county jail.
51          (f) "Transportation fee" means a fee assessed to or collected from an inmate if the
52     inmate is transported by a state entity for any reason, except extradition.
53          (2) Each county jail within the state shall submit a report to the commission, before
54     June 1, 2020, disclosing whether the county jail:

55          (a) requires restitution for incarceration fees under Subsection 76-3-201(6);
56          (b) requires restitution for transportation fees under Subsection 76-3-201(5); or
57          (c) otherwise requires restitution fees.
58          (3) If a county jail requires restitution for incarceration fees, the jail shall include the
59     following data, reflecting the 2019 calendar year, in the jail's report to the commission:
60          (a) the jail's policies and procedures related to incarceration fees, including:
61          (i) factors considered before assessing an incarceration fee;
62          (ii) the daily or nightly rate at which an inmate is charged;
63          (iii) whether an inmate's indigency may allow for waiver or reduction of an
64     incarceration fee;
65          (iv) if the jail allows a waiver or reduction described in Subsection (3)(a)(iii), how
66     indigency is determined; and
67          (v) the jail's methods for collecting an incarceration fee, including:
68          (A) whether the incarceration fee is collected by the sentencing court, the jail, or
69     another method; and
70          (B) methods used to collect payment of an incarceration fee;
71          (b) the total amount of incarceration fees assessed to inmates by the jail, the sentencing
72     court, or another method;
73          (c) the total amount of incarceration fees collected from inmates by the jail, the
74     sentencing court, or another method;
75          (d) the total number of inmates that paid the amount assessed for incarceration fees in
76     full;
77          (e) the total number of inmates that paid the amount assessed for incarceration fees in
78     part;
79          (f) the total amount of unpaid incarceration fees that are sent to the Office of State Debt
80     Collection;
81          (g) the total amount of incarceration fees that are written off as unpaid;

82          (h) the total amount of incarceration fees assessed to inmates who are acquitted or
83     whose charges are dismissed;
84          (i) the total amount of incarceration fees collected from inmates who are acquitted or
85     whose charges are dismissed;
86          (j) costs incurred related to administering incarceration fees; and
87          (k) costs incurred related to collecting incarceration fees.
88          (4) If a county jail requires restitution for transportation fees, the jail shall include the
89     following data, reflecting the 2019 calendar year, in the jail's report to the commission:
90          (a) the jail's policies and procedures related to transportation fees, including:
91          (i) factors considered before assessing a transportation fee;
92          (ii) the rates at which an inmate is charged per transportation, and by distance;
93          (iii) whether an inmate's indigency may allow waiver or reduction of transportation
94     fees;
95          (iv) if the jail allows the waiver or reduction described in Subsection (4)(a)(iii), how
96     indigency is determined; and
97          (v) the methods for collecting a transportation fee, including:
98          (A) whether the transportation fee is collected by the court, the jail, or another method;
99     and
100          (B) methods used to collect payment of a transportation fee;
101          (b) the total amount of transportation fees assessed to inmates by the jail, the
102     sentencing court, or another method;
103          (c) the total amount of transportation fees collected from inmates by the jail, the
104     sentencing court, or another method;
105          (d) the total number of inmates that paid the amount assessed for transportation fees in
106     full;
107          (e) the total number of inmates that paid the amount assessed for transportation fees in
108     part;

109          (f) the total amount of unpaid transportation fees that are sent to the Office of State
110     Debt Collection;
111          (g) the total amount of transportation fees that are written off as unpaid;
112          (h) the total amount of transportation fees assessed to inmates who are acquitted or
113     whose charges are dismissed;
114          (i) the total amount of transportation fees collected from inmates who are acquitted or
115     whose charges are dismissed;
116          (j) costs incurred related to administering transportation fees; and
117          (k) costs incurred related to collecting transportation fees.
118          (5) After receiving the reports described in this section, the commission shall:
119          (a) compile the information from the reports;
120          (b) omit or redact any identifying information of an inmate in the compilation, to the
121     extent omission or redaction is necessary to comply with state or federal law; and
122          (c) on or before September 1, 2020, submit the compilation and all reports provided by
123     the county jails to the Jail Incarceration and Transportation Costs Study Council created in
124     Section 17-22-32.3.
125          (6) If a county jail's policies or procedures relating to restitution fees changed during
126     the years 2018 or 2019, the county jail shall include in the county jail's report to the
127     commission:
128          (a) the specific policies or procedures that changed; and
129          (b) a description of the changed policies and procedures as they existed in 2018.
130          Section 2. Section 17-22-32.3 is enacted to read:
131          17-22-32.3. Jail incarceration and transportation costs study -- Creation --
132     Membership -- Duties.
133          (1) There is created the Jail Incarceration and Transportation Costs Study Council
134     under the Commission on Criminal and Juvenile Justice, consisting of the following
135     individuals:

136          (a) a county jail commander or an individual representing the Utah Sheriffs'
137     Association;
138          (b) an individual representing the Utah Association of Counties;
139          (c) two district or county attorneys actively engaged in the practice of civil or
140     constitutional law as follows:
141          (i) one attorney representing a county of the first or second class described in Section
142     17-50-501; and
143          (ii) one attorney representing a county of the third, fourth, fifth, or sixth class described
144     in Section 17-50-501;
145          (d) two public defender coordinators as follows:
146          (i) one public defender coordinator from a county of the first or second class described
147     in Section 17-50-501; and
148          (ii) one public defender coordinator from a county of the third, fourth, fifth, or sixth
149     class described in Section 17-50-501;
150          (e) one individual representing the Legal Defenders Association;
151          (f) one individual representing the Utah Indigent Defense Commission;
152          (g) one individual representing the Utah Sentencing Commission; and
153          (h) other stakeholders, as determined by the Commission on Criminal and Juvenile
154     Justice.
155          (2) Following the reporting described in Section 17-22-32.2, and upon receiving the
156     reports and compilation described in Subsection 17-22-32.2(5), the council shall:
157          (a) provide an overview of the county jail policies and practices regarding the
158     assessment and collection of restitution fees;
159          (b) provide a cost benefit analysis regarding the practice of assessing and collecting
160     restitution fees;
161          (c) provide best practice recommendations for assessing or collecting restitution fees,
162     taking into account an inmate's:

163          (i) potential indigency;
164          (ii) opportunities or ability to post bail or bond;
165          (iii) time spent in custody as a result of the inmate's inability to post bail or bond; and
166          (iv) time spent in custody beyond what a judge would have likely imposed under the
167     standard sentencing matrix, due to the inmate's inability to post bail or bond; and
168          (d) report any additional data or findings the council finds significant.
169          (3) The council shall present a report of the council's findings, including any
170     recommendations for legislation, to the Law Enforcement and Criminal Justice Interim
171     Committee before November 30, 2020.
172          Section 3. Section 63I-2-217 is amended to read:
173          63I-2-217. Repeal dates -- Title 17.
174          (1) Section 17-22-32.2, regarding restitution reporting, is repealed January 1, 2021.
175          (2) Section 17-22-32.3, regarding the Jail Incarceration and Transportation Costs Study
176     Council, is repealed January 1, 2021.
177          [(1)] (3) Subsection 17-27a-102(1)(b), the language that states "or a designated
178     mountainous planning district" is repealed June 1, 2020.
179          [(2)] (4) (a) Subsection 17-27a-103(15)(b) is repealed June 1, 2020.
180          (b) Subsection 17-27a-103(37) is repealed June 1, 2020.
181          [(3)] (5) Subsection 17-27a-210(2)(a), the language that states "or the mountainous
182     planning district area" is repealed June 1, 2020.
183          [(4)] (6) (a) Subsection 17-27a-301(1)(b)(iii) is repealed June 1, 2020.
184          (b) Subsection 17-27a-301(1)(c) is repealed June 1, 2020.
185          (c) Subsection 17-27a-301(2)(a), the language that states "described in Subsection
186     (1)(a) or (c)" is repealed June 1, 2020.
187          [(5)] (7) Subsection 17-27a-302(1), the language that states ", or mountainous planning
188     district" and "or the mountainous planning district," is repealed June 1, 2020.
189          [(6)] (8) Subsection 17-27a-305(1)(a), the language that states "a mountainous

190     planning district or" and ", as applicable" is repealed June 1, 2020.
191          [(7)] (9) (a) Subsection 17-27a-401(1)(b)(ii) is repealed June 1, 2020.
192          (b) Subsection 17-27a-401(6) is repealed June 1, 2020.
193          [(8)] (10) (a) Subsection 17-27a-403(1)(b)(ii) is repealed June 1, 2020.
194          (b) Subsection 17-27a-403(1)(c)(iii) is repealed June 1, 2020.
195          (c) Subsection (2)(a)(iii), the language that states "or the mountainous planning
196     district" is repealed June 1, 2020.
197          (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
198     district" is repealed June 1, 2020.
199          [(9)] (11) Subsection 17-27a-502(1)(d)(i)(B) is repealed June 1, 2020.
200          [(10)] (12) Subsection 17-27a-505.5(2)(a)(iii) is repealed June 1, 2020.
201          [(11)] (13) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
202     mountainous planning district, the mountainous planning district" is repealed June 1, 2020.
203          [(12)] (14) Subsection 17-27a-604(1)(b)(i)(B) is repealed June 1, 2020.
204          [(13)] (15) Subsection 17-27a-605(1), the language that states "or mountainous
205     planning district land" is repealed June 1, 2020.
206          [(14)] (16) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed
207     June 1, 2020.
208          [(15)] (17) On June 1, 2020, when making the changes in this section, the Office of
209     Legislative Research and General Counsel shall:
210          (a) in addition to its authority under Subsection 36-12-12(3), make corrections
211     necessary to ensure that sections and subsections identified in this section are complete
212     sentences and accurately reflect the office's understanding of the Legislature's intent; and
213          (b) identify the text of the affected sections and subsections based upon the section and
214     subsection numbers used in Laws of Utah 2017, Chapter 448.
215          [(16)] (18) On June 1, 2020:
216          (a) Section 17-52a-104 is repealed;

217          (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
218     described in Subsection 17-52a-104(2)," is repealed;
219          (c) Subsection 17-52a-301(3)(a)(vi) is repealed;
220          (d) in Subsection 17-52a-501(1), the language that states "or, for a county under a
221     pending process described in Section 17-52a-104, under Section 17-52-204 as that section was
222     in effect on March 14, 2018," is repealed; and
223          (e) in Subsection 17-52a-501(3)(a), the language that states "or, for a county under a
224     pending process described in Section 17-52a-104, the attorney's report that is described in
225     Section 17-52-204 as that section was in effect on March 14, 2018 and that contains a
226     statement described in Subsection 17-52-204(5) as that subsection was in effect on March 14,
227     2018," is repealed.
228          [(17)] (19) On January 1, 2028, Subsection 17-52a-102(3) is repealed.
229          Section 4. Effective date.
230          If approved by two-thirds of all the members elected to each house, this bill takes effect
231     upon approval by the governor, or the day following the constitutional time limit of Utah
232     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
233     the date of veto override.