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7 LONG TITLE
8 General Description:
9 This bill concerns community correctional centers.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends county zone definitions for community correctional centers;
13 ▸ establishes procedures and criteria for establishing a new community correctional
14 center; 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 last amended by Laws of Utah 2021, Chapter 85
23 64-13f-103, as last amended by Laws of Utah 2021, Chapter 85
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 64-13f-102 is amended to read:
27 64-13f-102. Definitions.
28 As used in this chapter:
29 (1) "Cap" means no more than 20% above the community supervision percentage
30 multiplied by the community correctional center projection.
31 (2) "Community correctional center" means the same as that term is defined in
32 [
33 (3) "Community correctional center projection" means the daily average number of
34 offenders projected to be supervised in the community by the department in the next fiscal year
35 multiplied by the percentage of offenders supervised in the community that are also housed in a
36 community correctional center on June 30 of the previous fiscal year.
37 (4) "Community supervision percentage" means the percentage calculated by dividing
38 the total number of offenders supervised in the community by the department in each county or
39 county zone by the total number of offenders supervised in the community by the department
40 on June 30, 2024, and on June 30 of every fifth subsequent year.
41 (5) "County zone" means the eastern zone, northern zone, or western zone.
42 (6) "Department" means the Department of Corrections.
43 (7) (a) "Eastern zone" means, except as provided in Subsection (7)(b), Carbon,
44 Daggett, Duchesne, Emery, Grand, San Juan, and Uintah counties.
45 (b) A county with a population of [
46 community supervision percentage is determined is not part of the eastern zone.
47 (8) (a) "Northern zone" means, except as provided in Subsection (8)(b), Box Elder,
48 Cache, Morgan, Rich, Summit, and Wasatch counties.
49 (b) A county with a population of [
50 community supervision percentage is determined is not part of the northern zone.
51 (9) "Offender" means the same as that term is defined in [
52 Section 64-13-1.
53 (10) (a) "Western zone" means, except as provided in Subsection (10)(b), Beaver,
54 Garfield, Tooele, Iron, Juab, Kane, Millard, Piute, Sanpete, Sevier, Washington, and Wayne
55 counties.
56 (b) A county with a population of [
57 community supervision percentage is determined is not part of the western zone.
58 Section 2. Section 64-13f-103 is amended to read:
59 64-13f-103. Establishment of community correctional centers -- Cap --
60 Rulemaking -- Procedures.
61 (1) Subject to appropriation by the Legislature, the department may:
62 (a) establish community correctional centers throughout the state in accordance with
63 this section;
64 (b) project the number of offenders that may be released to community correctional
65 centers throughout the state by September 1, 2023, and September 1 of every fifth subsequent
66 year; and
67 (c) establish, by rule made in accordance with Title 63G, Chapter 3, Utah
68 Administrative Rulemaking Act, a procedure to allocate offenders to community correctional
69 centers consistent with Subsections (2) [
70 offenders projected by the department to be released to community correctional centers under
71 Subsection (1)(b).
72 (2) Except as provided in Subsection (3), after June 30, 2023, the total number of
73 offenders housed in one or more community correctional centers within a county or county
74 zone may not exceed the county or county zone's cap by more than 20%.
75 (3) (a) A county or county zone that exceeds the cap described in Subsection (2) on
76 July 1, 2023, may continue to exceed the cap until the day on which the county or county zone
77 first comes into compliance with the cap.
78 (b) A county or county zone described in Subsection (3)(a) may not exceed the cap
79 after the day on which the county or county zone first comes into compliance with the cap.
80 (c) [
81 offenders from a community correctional center in a county or county zone described in
82 Subsection (3)(a) to a community correctional center in another county or county zone that
83 does not meet or exceed the cap until the county or county zone described in Subsection (3)(a)
84 comes into compliance with the cap.
85 (d) The department may not transfer an offender under Subsection (3)(c) unless the
86 department determines that the transfer is in the best interest of the offender's successful
87 re-entry into the community.
88 (4) When opening a new community correctional center, the department shall:
89 (a) determine which counties or county zones are operating in excess of the counties' or
90 county zones' respective caps;
91 (b) compare the percentages at which the counties or county zones identified in
92 Subsection (4)(a) are operating above the counties' or county zones' respective caps;
93 (c) use the comparison described in Subsection (4)(b) to determine the number of
94 offenders who may be transferred from each county or county zone to the new community
95 correctional center, giving priority to offender transfers from counties or county zones that
96 have the highest percentages; and
97 (d) limit the offenders who will be placed in the new community correctional center to:
98 (i) offenders who are residents of the county or county zone within which the new
99 community correctional center is located; or
100 (ii) offenders for whom the placement would be in the best interest of successful
101 re-entry into the community, as determined by the department.
102 (5) The department shall consider the proximity of the following services to the new
103 community correctional center when determining the placement of a new community
104 correctional center within a county or county zone:
105 (a) treatment services;
106 (b) healthcare services;
107 (c) employment services;
108 (d) housing services;
109 (e) transportation services; and
110 (f) other services that contribute to an offender's successful community reintegration.