1     
JAIL CONTRACTING AND REIMBURSEMENT AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jacob L. Anderegg

5     
House Sponsor: Eric K. Hutchings

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to jail contract and reimbursement rates.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     modifies the formula used to calculate the rate at which the state pays a correctional
14     facility for housing state inmates under various circumstances; 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          64-13e-102, as last amended by Laws of Utah 2018, Chapter 374
23          64-13e-103, as last amended by Laws of Utah 2018, Chapters 250 and 374
24          64-13e-104, as last amended by Laws of Utah 2015, Chapters 412 and 425
25          64-13e-105, as last amended by Laws of Utah 2014, Chapter 436
26     ENACTS:
27          64-13e-103.1, Utah Code Annotated 1953
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 64-13e-102 is amended to read:
31          64-13e-102. Definitions.
32          As used in this chapter:
33          (1) "Actual county daily incarceration rate" means the median amount of jail daily
34     incarceration costs based on the data submitted by counties in accordance with Section
35     64-13e-104(6)(b).
36          [(1)] (2) "Actual state daily incarceration rate" means the average daily incarceration
37     rate, calculated by the department based on the previous three fiscal years, that reflects the
38     [actual expenses of] following expenses incurred by the department[, including] for housing an
39     inmate:
40          (a) executive overhead;
41          (b) administrative overhead;
42          (c) transportation overhead;
43          (d) division overhead; and
44          (e) motor pool expenses[;].
45          [(f) medical expenses;]
46          [(g) mental health expenses;]
47          [(h) dental expenses;]
48          [(i) straight line capital depreciation, over a 40-year period, for prison facilities of the
49     department; and]
50          [(j) expenses for treatment, including substance abuse treatment, alcohol abuse
51     treatment, sex offender treatment, and alternative treatment.]
52          [(2)] (3) "Alternative treatment" means:
53          (a) evidence-based cognitive behavioral therapy; or
54          (b) a certificate-based program provided by a Utah technical college, as defined in
55     Subsection 53B-26-102(8).
56          (4) "Annual inmate jail days" means the total number of state probationary inmates
57     housed in a county jail each day for the preceding fiscal year.
58          [(3)] (5) "CCJJ" means the Utah Commission on Criminal and Juvenile Justice, created
59     in Section 63M-7-201.
60          [(4)] (6) "Department" means the Department of Corrections.
61          [(5)] (7) "Division of Finance" means the Division of Finance, created in Section
62     63A-3-101.
63          [(6) "Final state daily incarceration rate" means the average actual state daily
64     incarceration rate, calculated, reviewed, and discussed under Section 64-13e-105, and approved
65     by the Legislature under Subsection 64-13e-105(3).]
66          (8) "Final county daily incarceration rate" means the amount equal to:
67          (a) the amount appropriated by the Legislature for the purpose of making payments to
68     counties under Section 64-13e-104; divided by
69          (b) the average annual inmate jail days for the preceding five fiscal years.
70          (9) "Jail daily incarceration costs" means the following daily costs incurred by a county
71     jail for housing a state probationary inmate on behalf of the department:
72          (a) executive overhead;
73          (b) administrative overhead;
74          (c) transportation overhead;
75          (d) division overhead; and
76          (e) motor pool expenses.
77          [(7)] (10) "State inmate" means an individual, other than a state probationary inmate or
78     state parole inmate, who is committed to the custody of the department.
79          [(8)] (11) "State parole inmate" means an individual who is:
80          (a) on parole, as defined in Section 77-27-1; and
81          (b) housed in a county jail for a reason related to the individual's parole.
82          [(9)] (12) "State probationary inmate" means a felony probationer sentenced to time in
83     a county jail under Subsection 77-18-1(8).
84          [(10)] (13) "Treatment program" means:
85          (a) an alcohol treatment program;
86          (b) a substance abuse treatment program;
87          (c) a sex offender treatment program; or
88          (d) an alternative treatment program.
89          Section 2. Section 64-13e-103 is amended to read:
90          64-13e-103. Contracts for housing state inmates.
91          (1) Subject to Subsection (6), the department may contract with a county to house state
92     inmates in a county or other correctional facility.
93          (2) The department shall give preference for placement of state inmates, over private
94     entities, to county correctional facility bed spaces for which the department has contracted
95     under Subsection (1).
96          (3) (a) The compensation rate for housing state inmates pursuant to a contract
97     described in Subsection (1) shall be:
98          (i) except as provided in Subsection (3)(a)(ii), [91.75%] 83.19% of the [final] actual
99     state daily incarceration rate for beds in a county that, pursuant to the contract, are dedicated to
100     a treatment program for state inmates, if the treatment program is approved by the department
101     under Subsection (3)(c);
102          (ii) [81% of the final] 74.18% of the actual state daily incarceration rate for beds in a
103     county that, pursuant to the contract, are dedicated to an alternative treatment program for state
104     inmates, if the alternative treatment program is approved by the department under Subsection
105     (3)(c); and
106          (iii) [73% of the final] 66.23% of the actual state daily incarceration rate for beds in a
107     county other than the beds described in Subsections (3)(a)(i) and (ii).
108          (b) The department shall:
109          (i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
110     Rulemaking Act, that establish standards that a treatment program is required to meet before
111     the treatment program is considered for approval for the purpose of a county receiving payment
112     based on the rate described in Subsection (3)(a)(i) or (ii); and
113          (ii) determine on an annual basis, based on appropriations made by the Legislature for
114     the contracts described in this section, whether to approve a treatment program that meets the
115     standards established under Subsection (3)(b)(i), for the purpose of a county receiving payment
116     based on the rate described in Subsection (3)(a)(i) or (ii).
117          (c) The department may not approve a treatment program for the purpose of a county
118     receiving payment based on the rate described in Subsection (3)(a)(i) or (ii), unless:
119          (i) the program meets the standards established under Subsection (3)(b)(i);
120          (ii) the department determines that the Legislature has appropriated sufficient funds to:
121          (A) pay the county that provides the treatment program at the rate described in
122     Subsection (3)(a)(i) or (ii); and
123          (B) pay each county that does not provide a treatment program an amount per state
124     inmate that is not less than the amount per state inmate received for the preceding fiscal year by
125     a county that did not provide a treatment program; and
126          (iii) the department determines that the treatment program is needed by the department
127     at the location where the treatment program will be provided.
128          (4) Compensation to a county for state inmates incarcerated under this section shall be
129     made by the department.
130          (5) Counties that contract with the department under Subsection (1) shall, on or before
131     June 30 of each year, submit a report to the department that includes:
132          (a) the number of state inmates the county housed under this section; and
133          (b) the total number of state inmate days of incarceration that were provided by the
134     county.
135          (6) Except as provided under Subsection (7), the department may not enter into a
136     contract described under Subsection (1), unless the Legislature has previously passed a joint
137     resolution that includes the following information regarding the proposed contract:
138          (a) the approximate number of beds to be contracted;
139          [(b) the final state daily incarceration rate;]
140          (b) the daily rate at which the county is paid to house a state inmate;
141          (c) the approximate amount of the county's long-term debt; and
142          (d) the repayment time of the debt for the facility where the inmates are to be housed.
143          (7) The department may enter into a contract with a county government to house
144     inmates without complying with the approval process described in Subsection (6) only if the
145     county facility was under construction, or already in existence, on March 16, 2001.
146          (8) Any resolution passed by the Legislature under Subsection (6) does not bind or
147     obligate the Legislature or the department regarding the proposed contract.
148          Section 3. Section 64-13e-103.1 is enacted to read:
149          64-13e-103.1. Calculating the actual state incarceration rate.
150          (1) Before September 15 of each year, the department shall calculate, and inform each
151     county and CCJJ of the actual state daily incarceration rate.
152          (2) The actual state daily incarceration rate may not be less than the rate presented to
153     the Executive Appropriations Committee of the Legislature for purposes of setting the
154     appropriation for the department's budget.
155          Section 4. Section 64-13e-104 is amended to read:
156          64-13e-104. Housing of state probationary inmates or state parole inmates --
157     Payments.
158          (1) (a) A county shall accept and house a state probationary inmate or a state parole
159     inmate in a county correctional facility, subject to available resources.
160          (b) A county may release a number of inmates from a county correctional facility, but
161     not to exceed the number of state probationary inmates in excess of the number of inmates
162     funded by the appropriation authorized in Subsection (2) if:
163          (i) the state does not fully comply with the provisions of Subsection (9) for the most
164     current fiscal year; or
165          (ii) funds appropriated by the Legislature for this purpose are less than 50% of the
166     [average actual state] actual county daily incarceration rate.
167          (2) Within funds appropriated by the Legislature for this purpose, the Division of
168     Finance shall pay a county that houses a state probationary inmate or a state parole inmate at a
169     rate of [50% of the final state] 56.88% of the actual county daily incarceration rate.
170          (3) Funds appropriated by the Legislature under Subsection (2):
171          (a) are nonlapsing;
172          (b) may only be used for the purposes described in Subsection (2) and Subsection (10);
173     and
174          (c) may not be used for:
175          (i) the costs of administering the payment described in this section; or
176          (ii) payment of contract costs under Section 64-13e-103.
177          (4) The costs described in Subsection (3)(c)(i) shall be covered by legislative
178     appropriation.
179          (5) (a) The Division of Finance shall administer the payment described in Subsection
180     (2) and Subsection (10).
181          (b) In accordance with Subsection (9), CCJJ shall, by rule made pursuant to Title 63G,
182     Chapter 3, Utah Administrative Rulemaking Act, establish procedures for [the calculation of
183     the payment described in Subsection (2) and Subsection (10)] collecting data from counties for
184     the purpose of completing the calculations described in this section.
185          (c) Notwithstanding any other provision of this section, CCJJ shall adjust the amount
186     of the payments described in Subsection (7)(b), on a pro rata basis, to ensure that the total
187     amount of the payments made does not exceed the amount appropriated by the Legislature for
188     the payments.
189          (6) [Counties that receive] Each county that receives the payment described in
190     Subsection (2) and Subsection (10) shall[,]:
191          (a) on at least a monthly basis, submit a report to CCJJ that includes:
192          [(a)] (i) the number of state probationary inmates and state parole inmates the county
193     housed under this section;
194          [(b)] (ii) the total number of state probationary inmate days of incarceration and state
195     parole inmate days of incarceration that were provided by the county;
196          [(c)] (iii) the total number of offenders housed pursuant to Subsection 64-13-21(2)(b);
197     and
198          [(d)] (iv) the total number of days of incarceration of offenders housed pursuant to
199     Subsection 64-13-21(2)(b)[.]; and
200          (b) before September 15 of every third year beginning in 2022, calculate and inform
201     CCJJ of the county's jail daily incarceration costs for the preceding fiscal year.
202          (7) (a) On or before September 30 of each year, CCJJ shall:
203          (i) compile the information from the reports described in Subsection (6)(a) that relate
204     to the preceding state fiscal year and provide a copy of the compilation to each county that
205     submitted a report[.]; and
206          (ii) calculate:
207          (A) the actual county incarceration rate, based on the most recent year that data was
208     reported in accordance with Subsection (6)(b); and
209          (B) the final county incarceration rate.
210          (b) On or before October 15 of each year, CCJJ shall inform the Division of Finance
211     and each county of:
212          (i) the actual county incarceration rate;
213          (ii) the final county incarceration rate; and
214          (iii) the exact amount of the payment described in this section that shall be made to
215     each county.
216          (8) On or before December 15 of each year, the Division of Finance shall distribute the
217     payment described in Subsection (7)(b) in a single payment to each county.
218          (9) (a) The amount paid to each county under Subsection (8) shall be calculated on a
219     pro rata basis, based on the average number of state probationary inmate days of incarceration
220     and the average state parole inmate days of incarceration that were provided by each county for
221     the preceding five state fiscal years; and
222          (b) if funds are available, the total number of days of incarceration of offenders housed
223     pursuant to Subsection 64-13-21(2)(b).
224          (10) If funds appropriated under Subsection (2) remain after payments are made
225     pursuant to Subsection (8), the Division of Finance shall pay a county that houses in its jail a
226     person convicted of a felony who is on probation or parole and who is incarcerated pursuant to
227     Subsection 64-13-21(2)(b) on a pro rata basis not to exceed 50% of the [final state] actual
228     county daily incarceration rate.
229          Section 5. Section 64-13e-105 is amended to read:
230          64-13e-105. Meeting to discuss daily incarceration rates.
231          [(1) (a) Before September 15 of each year, the department shall calculate, and inform
232     the counties and CCJJ of the average actual state daily incarceration rate for the most recent
233     three years for which the data is available.]
234          [(b) The actual state daily incarceration rates used to calculate the average rate
235     described in Subsection (1)(a) may not be less than the rates presented to the Executive
236     Appropriations Committee of the Legislature for purposes of setting the appropriation for the
237     department's budget.]
238          [(2)] (1) Before September 30 of each year, [the following parties] the individuals
239     described in Subsection (2) shall meet to review and discuss:
240          (a) the [average] actual state daily incarceration rate, described in [Subsection (1) and]
241     Section 64-13e-103.5;
242          (b) the actual county daily incarceration rate; and
243          (c) the compilation described in Subsection 64-13e-104(7)[:].
244          (2) The following individuals shall meet in accordance with Subsection (1):
245          (a) as designated by the Utah Sheriffs Association:
246          (i) one sheriff of a county that is currently under contract with the department to house
247     state inmates; and
248          (ii) one sheriff of a county that is currently receiving reimbursement from the
249     department for housing state probationary inmates or state parole inmates;
250          (b) the executive director of the department or the executive director's designee;
251          (c) as designated by the Utah Association of Counties:
252          (i) one member of the legislative body of one county that is currently under contract
253     with the department to house state inmates; and
254          (ii) one member of the legislative body of one county that is currently receiving
255     reimbursement from the department for housing state probationary inmates or state parole
256     inmates;
257          (d) the executive director of the Commission on Criminal and Juvenile Justice or the
258     executive director's designee; and
259          (e) the executive director of the Governor's Office of Management and Budget or the
260     executive director's designee.
261          [(3) (a) The average actual state daily incarceration rate, reviewed and discussed under
262     Subsection (2), may not be used for purposes of calculating payment or reimbursement under
263     this chapter, unless approved by the Legislature in the annual appropriations act.]
264          [(b) Nothing in this chapter prohibits the Legislature from setting the final state daily
265     incarceration rate at an amount higher or lower than:]
266          [(i) the average actual state incarceration rate; or]
267          [(ii) the final state daily incarceration rate that was used during the preceding fiscal
268     year.]