1     
COMMUNITY CORRECTIONAL CENTER AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Calvin R. Musselman

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill addresses use of community correction centers.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     provides for the calculation of the community supervision percentage;
14          ▸     makes conforming amendments related to a cap; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          64-13f-102, as enacted by Laws of Utah 2018, Chapter 194
23          64-13f-103, as enacted by Laws of Utah 2018, Chapter 194
24     ENACTS:
25          64-13f-102.5, Utah Code Annotated 1953
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 64-13f-102 is amended to read:
29          64-13f-102. Definitions.
30          As used in this chapter:
31          [(1) "Base percentage" means the population of a county or county zone as a
32     percentage of the state population on June 30, 2023, and June 30 of every fifth subsequent year,
33     determined using:]
34          [(a) the most recent United States decennial or special census; or]
35          [(b) another method used by the United States or state governments.]
36          [(2)] (1) "Cap" means [the base] no more than 20% above the community supervision
37     percentage multiplied by the [total number of offenders housed in community correctional
38     centers throughout the state on June 30, 2023, and June 30 of every fifth subsequent year]
39     community correctional center projection.
40          [(3)] (2) "Community correctional center" means the same as that term is defined in
41     [Subsection] Section 64-13-1[(2)].
42          (3) "Community correctional center projection" means the daily average number of
43     offenders projected to be supervised in the community by the department in the next fiscal year
44     multiplied by the percentage of offenders supervised in the community that are also housed in a
45     community correctional center on June 30 of the previous fiscal year.
46          (4) "Community supervision percentage" means the percentage calculated by dividing
47     the total number of offenders supervised in the community by the department in each county or
48     county zone by the total number of offenders supervised in the community by the department
49     on June 30, 2023, and on June 30 of every fifth subsequent year.
50          [(4)] (5) "County zone" means the eastern zone, northern zone, or western zone.
51          [(5)] (6) "Department" means the Department of Corrections.
52          [(6)] (7) (a) "Eastern zone" means, except as provided in Subsection [(6)] (7)(b),
53     Carbon, Daggett, Duchesne, Emery, Grand, San Juan, and Uintah counties.
54          (b) A county with a population of 150,000 or more on the date the [base] community
55     supervision percentage is determined is not part of the eastern zone.
56          [(7)] (8) (a) "Northern zone" means, except as provided in Subsection [(7)] (8)(b), Box
57     Elder, Cache, Morgan, Rich, Summit, and Wasatch counties.
58          (b) A county with a population of 150,000 or more on the date the [base] community
59     supervision percentage is determined is not part of the northern zone.
60          [(8)] (9) "Offender" means the same as that term is defined in [Subsection] Section
61     64-13-1[(9)].
62          [(9)] (10) (a) "Western zone" means, except as provided in Subsection [(9)] (10)(b),
63     Beaver, Garfield, Tooele, Iron, Juab, Kane, Millard, Piute, Sanpete, Sevier, and Wayne
64     counties.
65          (b) A county with a population of 150,000 or more on the date the [base] community
66     supervision percentage is determined is not part of the western zone.
67          Section 2. Section 64-13f-102.5 is enacted to read:
68          64-13f-102.5. Calculation of the community supervision percentage.
69          In calculating the community supervision percentage, the department:
70          (1) shall determine the county or county zone in which an offender is supervised by
71     identifying the location of the offender's most recent court conviction;
72          (2) shall only include an offender on probation or parole supervision with the
73     department in the community supervision percentage calculation; and
74          (3) may not include convictions for offenses that occur while the offender is in the
75     custody of the department.
76          Section 3. Section 64-13f-103 is amended to read:
77          64-13f-103. Establishment of community correctional centers -- Cap --
78     Rulemaking.
79          (1) Subject to appropriation by the Legislature, the department may:
80          (a) establish community correctional centers throughout the state in accordance with
81     this section;
82          (b) project the number of offenders that may be released to community correctional
83     centers throughout the state by September 1, 2023, and September 1 of every fifth subsequent
84     year; and
85          (c) establish, by rule made in accordance with Title 63G, Chapter 3, Utah
86     Administrative Rulemaking Act, a procedure to allocate offenders to community correctional
87     centers consistent with Subsections (2) and (3) and based on the number of offenders projected
88     by the department to be released to community correctional centers under Subsection (1)(b).
89          (2) Except as provided in Subsection (3), after June 30, 2023, the total number of
90     offenders housed in one or more community correctional centers within a county or county
91     zone may not exceed the county or county zone's cap [by more than 20%].
92          (3) (a) A county or county zone that exceeds the cap [described in Subsection (2)] on
93     July 1, 2023, may continue to exceed the cap until the day on which the county or county zone
94     first comes into compliance with the cap.
95          (b) A county or county zone described in Subsection (3)(a) may not exceed the cap
96     after the day on which the county or county zone first comes into compliance with the cap
97     [described in Subsection (2)].
98          (c) The department shall transfer offenders from a community correctional center in a
99     county or county zone described in Subsection (3)(a) to a community correctional center in
100     another county or county zone that does not meet or exceed the cap [described in Subsection
101     (2)] until the county or county zone described in Subsection (3)(a) comes into compliance with
102     the cap.