7 LONG TITLE
8 General Description:
9 This bill sets specific amounts for jail contracting and reimbursement rates and creates
10 a committee to study the issue.
11 Highlighted Provisions:
12 This bill:
13 ▸ sets a specific amount for the daily jail contracting rate;
14 ▸ sets a specific amount for the daily jail reimbursement rate;
15 ▸ caps the number of beds in certain categories;
16 ▸ creates the Subcommittee on Jail Contracting and Reimbursement within the
17 Commission on Criminal and Juvenile Justice;
18 ▸ defines the membership of the subcommittee;
19 ▸ sets responsibilities and study items;
20 ▸ requires a report to the Law Enforcement and Criminal Justice Interim Committee
21 and the Executive Offices and Criminal Justice Appropriations Subcommittee; and
22 ▸ makes technical and conforming changes.
23 Money Appropriated in this Bill:
25 Other Special Clauses:
27 Utah Code Sections Affected:
29 63I-2-264, as renumbered and amended by Laws of Utah 2008, Chapter 382
30 64-13e-105, as last amended by Laws of Utah 2020, Chapter 410
32 64-13e-103.2, Utah Code Annotated 1953
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 63I-2-264 is amended to read:
36 63I-2-264. Repeal dates -- Title 64.
37 (1) Section 64-13e-103.2 is repealed June 30, 2024.
38 Section 2. Section 64-13e-103.2 is enacted to read:
39 64-13e-103.2. State daily incarceration rate -- Limits -- Payments to jails.
40 (1) Notwithstanding Sections 64-13e-103 and 64-13e-103.1, the actual state daily
41 incarceration rate shall be $85.27. This rate shall apply to inmates under Section 64-13e-103
42 and probationary and parole inmates under Section 64-13e-104.
43 (2) Notwithstanding Subsection 64-13e-103(3)(a), the number of jail beds contracted
44 for shall be 1450 at the base rate of 71.57%, with the exception of:
45 (a) the beds set aside for Subsection 64-13e-103(3)(a)(i) which shall be 434 beds and
46 shall be reimbursed at 88.53% of the actual state daily incarceration rate; and
47 (b) the beds set aside for Subsection 64-13e-103(3)(a)(ii) which shall be 235 beds and
48 shall be reimbursed at 79.52% of the actual state daily incarceration rate.
49 (3) Notwithstanding Subsection 64-13e-104(9), the five year average state probationary
50 or parole inmate days is set at 300,000 days.
51 (4) Notwithstanding Subsection 64-13e-104(2), within funds appropriated by the
52 Legislature for this purpose, the Division of Finance shall pay a county that houses a state
53 probationary inmate or a state parole inmate at a rate of 50% of the actual state daily
54 incarceration rate.
55 (5) Expenditures for Section 64-13e-103 shall be $35,173,900 annually.
56 (6) Expenditures for Section 64-13e-104 shall be $12,790,700 annually.
57 Section 3. Section 64-13e-105 is amended to read:
58 64-13e-105. Subcommittee on Jail Contracting and Reimbursement -- Purpose --
59 Responsibilities -- Membership.
60 (1) There is created within the Commission on Criminal and Juvenile Justice, the
61 Subcommittee on Jail Contracting and Reimbursement consisting of the individuals listed in
62 Subsection (3).
63 (2) [
64 The subcommittee shall meet at least quarterly to review, [
65 recommendations for:
66 (a) the [
67 (b) the [
68 (c) jail contracting and jail reimbursement processes and goals, including the creation
69 of a comprehensive statewide system of jail contracting and reimbursement;
70 (d) developing a partnership between the state and counties to create common goals for
71 housing state inmates;
72 (e) calculations for the projected number of beds needed;
73 (f) programming for inmates while incarcerated;
74 (g) proposals to reduce recidivism;
75 (h) enhancing partnerships to improve law enforcement and incarceration programs;
76 (i) inmate transportation costs; and
79 (3) The membership of the subcommittee shall consist of the following nine members:
80 (a) as designated by the Utah Sheriffs Association:
81 (i) one sheriff of a county that is currently under contract with the department to house
82 state inmates; and
83 (ii) one sheriff of a county that is currently receiving reimbursement from the
84 department for housing state probationary inmates or state parole inmates;
85 (b) the executive director of the department or the executive director's designee;
86 (c) as designated by the Utah Association of Counties:
87 (i) one member of the legislative body of one county that is currently under contract
88 with the department to house state inmates; and
89 (ii) one member of the legislative body of one county that is currently receiving
90 reimbursement from the department for housing state probationary inmates or state parole
92 (d) the executive director of the Commission on Criminal and Juvenile Justice or the
93 executive director's designee; [
94 (e) one member of the House of Representatives, appointed by the speaker of the
95 House of Representatives;
96 (f) one member of the Senate, appointed by the president of the Senate; and
98 the executive director's designee.
99 (4) The subcommittee shall report to the Law Enforcement and Criminal Justice
100 Interim Committee in November 2022 and 2024 on progress and efforts to create a
101 comprehensive statewide jail reimbursement and contracting system.
102 (5) The subcommittee shall report to the Executive Offices and Criminal Justice
103 Appropriations Subcommittee not later than October 31 in 2022, 2023, and 2024 on costs
104 associated with creating a comprehensive statewide jail reimbursement and contracting system.
105 (6) (a) A member who is not a legislator may not receive compensation or benefits for
106 the member's service, but may receive per diem and travel expenses as allowed in:
107 (i) Section 63A-3-106;
108 (ii) Section 63A-3-107; and
109 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
111 (b) Compensation and expenses of a member who is a legislator are governed by
112 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.