7 LONG TITLE
8 General Description:
9 This bill addresses the use of community correctional centers.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ provides for the calculation of the community supervision percentage;
14 ▸ exempts behavioral health transition facilities from community correctional centers;
15 ▸ makes conforming amendments related to a cap; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 64-13-1, as last amended by Laws of Utah 2016, Chapter 243
24 64-13f-102, as enacted by Laws of Utah 2018, Chapter 194
25 64-13f-103, as enacted by Laws of Utah 2018, Chapter 194
27 64-13f-102.5, Utah Code Annotated 1953
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 64-13-1 is amended to read:
31 64-13-1. Definitions.
32 As used in this chapter:
33 (1) "Behavioral health transition facility" means a nonsecure correctional facility
34 operated by the department for the purpose of providing a therapeutic environment for
35 offenders receiving mental health services.
37 Corrections that identifies the program priorities for the treatment of the offender, including the
38 criminal risk factors as determined by a risk and needs assessment conducted by the
41 operated by the department, but does not include a behavioral health transition facility for the
42 purposes of Section 64-13f-103.
44 a secure or nonsecure setting:
45 (a) by the department; or
46 (b) under a contract with the department.
48 (a) affect that person's risk of engaging in criminal behavior; and
49 (b) are diminished when addressed by effective treatment, supervision, and other
50 support resources, resulting in a reduced risk of criminal behavior.
53 occurring in any correctional facility, or any situation that presents immediate danger to the
54 safety, security, and control of the department.
58 and who is housed at a correctional facility or at a county jail at the request of the department.
60 he may be committed to the custody of the department and is at least one of the following:
61 (a) committed to the custody of the department;
62 (b) on probation; or
63 (c) on parole.
65 offenders that determines:
66 (a) an individual's risk of reoffending; and
67 (b) the criminal risk factors that, when addressed, reduce the individual's risk of
70 institution operated by the department or under contract for the confinement of offenders,
71 where force may be used to restrain them if they attempt to leave the institution without
73 Section 2. Section 64-13f-102 is amended to read:
74 64-13f-102. Definitions.
75 As used in this chapter:
82 percentage multiplied by the [
84 community correctional center projection.
86 Subsection 64-13-1[
87 (3) "Community correctional center projection" means the daily average number of
88 offenders projected to be supervised in the community by the department in the next fiscal year
89 multiplied by the percentage of offenders supervised in the community that are also housed in a
90 community correctional center on June 30 of the previous fiscal year.
91 (4) "Community supervision percentage" means the percentage calculated by dividing
92 the total number of offenders supervised in the community by the department in each county or
93 county zone by the total number of offenders supervised in the community by the department
94 on June 30, 2024, and on June 30 of every fifth subsequent year.
98 Carbon, Daggett, Duchesne, Emery, Grand, San Juan, and Uintah counties.
99 (b) A county with a population of 150,000 or more on the date the [
100 supervision percentage is determined is not part of the eastern zone.
102 Elder, Cache, Morgan, Rich, Summit, and Wasatch counties.
103 (b) A county with a population of 150,000 or more on the date the [
104 supervision percentage is determined is not part of the northern zone.
108 Beaver, Garfield, Tooele, Iron, Juab, Kane, Millard, Piute, Sanpete, Sevier, and Wayne
110 (b) A county with a population of 150,000 or more on the date the [
111 supervision percentage is determined is not part of the western zone.
112 Section 3. Section 64-13f-102.5 is enacted to read:
113 64-13f-102.5. Calculation of the community supervision percentage.
114 In calculating the community supervision percentage, the department shall:
115 (1) determine the county or county zone in which an offender is supervised by
116 identifying the location of the offender's primary offense;
117 (2) have sole discretion in identifying the offender's primary offense under Subsection
118 (1), taking into account the severity of the crimes for which the offender has been convicted
119 and sentenced; and
120 (3) only include an offender on probation or parole supervision with the department in
121 the community supervision percentage calculation.
122 Section 4. Section 64-13f-103 is amended to read:
123 64-13f-103. Establishment of community correctional centers -- Cap --
125 (1) Subject to appropriation by the Legislature, the department may:
126 (a) establish community correctional centers throughout the state in accordance with
127 this section;
128 (b) project the number of offenders that may be released to community correctional
129 centers throughout the state by September 1, 2023, and September 1 of every fifth subsequent
130 year; and
131 (c) establish, by rule made in accordance with Title 63G, Chapter 3, Utah
132 Administrative Rulemaking Act, a procedure to allocate offenders to community correctional
133 centers consistent with Subsections (2) and (3) and based on the number of offenders projected
134 by the department to be released to community correctional centers under Subsection (1)(b).
135 (2) Except as provided in Subsection (3), after June 30, 2023, the total number of
136 offenders housed in one or more community correctional centers within a county or county
137 zone may not exceed the county or county zone's cap by more than 20%.
138 (3) (a) A county or county zone that exceeds the cap described in Subsection (2) on
139 July 1, 2023, may continue to exceed the cap until the day on which the county or county zone
140 first comes into compliance with the cap.
141 (b) A county or county zone described in Subsection (3)(a) may not exceed the cap
142 after the day on which the county or county zone first comes into compliance with the cap
144 (c) The department shall transfer offenders from a community correctional center in a
145 county or county zone described in Subsection (3)(a) to a community correctional center in
146 another county or county zone that does not meet or exceed the cap [
148 the cap.