2
3
4
5
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 [
178 mountainous planning district" is repealed June 1, 2020.
179 [
180 (b) Subsection 17-27a-103(37) is repealed June 1, 2020.
181 [
182 planning district area" is repealed June 1, 2020.
183 [
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 [
188 district" and "or the mountainous planning district," is repealed June 1, 2020.
189 [
190 planning district or" and ", as applicable" is repealed June 1, 2020.
191 [
192 (b) Subsection 17-27a-401(6) is repealed June 1, 2020.
193 [
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 [
200 [
201 [
202 mountainous planning district, the mountainous planning district" is repealed June 1, 2020.
203 [
204 [
205 planning district land" is repealed June 1, 2020.
206 [
207 June 1, 2020.
208 [
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 [
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 [
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.