Representative Calvin R. Musselman proposes the following substitute bill:


1     
COMMUNITY CORRECTIONAL CENTER REVISIONS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Calvin R. Musselman

5     
Senate Sponsor: David G. Buxton

6     

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:
14               •     transferring offenders between community correctional centers; and
15               •     establishing a new community correctional center; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          64-13f-102, as last amended by Laws of Utah 2021, Chapter 85
24          64-13f-103, as last amended by Laws of Utah 2021, Chapter 85
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 64-13f-102 is amended to read:
28          64-13f-102. Definitions.
29          As used in this chapter:
30          (1) "Cap" means no more than 20% above the community supervision percentage
31     multiplied by the community correctional center projection.
32          (2) "Community correctional center" means the same as that term is defined in
33     [Subsection 64-13-1(3)] Section 64-13-1.
34          (3) "Community correctional center projection" means the daily average number of
35     offenders projected to be supervised in the community by the department in the next [fiscal]
36     calendar year multiplied by the daily average percentage of offenders supervised in the
37     community that are also housed in a community correctional center [on June 30 of] for the
38     previous [fiscal] calendar year.
39          (4) "Community supervision percentage" means the percentage calculated by dividing
40     the total number of offenders supervised in the community by the department in each county or
41     county zone by the total number of offenders supervised in the community by the department
42     [on June 30, 2024, and on June 30 of every fifth subsequent year].
43          (5) "County zone" means the eastern zone, northern zone, or western zone.
44          (6) "Department" means the Department of Corrections.
45          (7) (a) "Eastern zone" means, except as provided in Subsection (7)(b), Carbon,
46     Daggett, Duchesne, Emery, Grand, San Juan, and Uintah counties.
47          (b) A county with a population of [150,000] 250,000 or more on the date the
48     community supervision percentage is determined is not part of the eastern zone.
49          (8) (a) "Northern zone" means, except as provided in Subsection (8)(b), Box Elder,
50     Cache, Morgan, Rich, Summit, and Wasatch counties.
51          (b) A county with a population of [150,000] 250,000 or more on the date the
52     community supervision percentage is determined is not part of the northern zone.
53          (9) "Offender" means the same as that term is defined in [Subsection 64-13-1(10)]
54     Section 64-13-1.
55          (10) (a) "Western zone" means, except as provided in Subsection (10)(b), Beaver,
56     Garfield, Tooele, Iron, Juab, Kane, Millard, Piute, Sanpete, Sevier, Washington, and Wayne
57     counties.
58          (b) A county with a population of [150,000] 250,000 or more on the date the
59     community supervision percentage is determined is not part of the western zone.
60          Section 2. Section 64-13f-103 is amended to read:
61          64-13f-103. Establishment of community correctional centers -- Cap --
62     Rulemaking -- Procedures.
63          (1) Subject to appropriation by the Legislature, the department may:
64          (a) establish community correctional centers throughout the state in accordance with
65     this section;
66          (b) project the number of offenders that may be released to community correctional
67     centers throughout the state [by September 1, 2023, and September 1 of every fifth subsequent
68     year]; and
69          (c) establish, by rule made in accordance with Title 63G, Chapter 3, Utah
70     Administrative Rulemaking Act, a procedure to allocate offenders to community correctional
71     centers consistent with Subsections (2) [and], (3), and (4) and based on the number of
72     offenders projected by the department to be released to community correctional centers under
73     Subsection (1)(b).
74          [(2) Except as provided in Subsection (3), after June 30, 2023, the total number of
75     offenders housed in one or more community correctional centers within a county or county
76     zone may not exceed the county or county zone's cap by more than 20%.]
77          [(3) (a) A county or county zone that exceeds the cap described in Subsection (2) on
78     July 1, 2023, may continue to exceed the cap until the day on which the county or county zone
79     first comes into compliance with the cap.]
80          [(b) A county or county zone described in Subsection (3)(a) may not exceed the cap
81     after the day on which the county or county zone first comes into compliance with the cap.]
82          [(c)] (2) (a) [The] Except as provided in Subsection (3), the department shall transfer
83     offenders from a community correctional center in a county or county zone [described in
84     Subsection (3)(a)] that is exceeding the county's or county zone's cap to a community
85     correctional center in another county or county zone that [does not meet or exceed the cap until
86     the county or county zone described in Subsection (3)(a) comes into compliance with the cap]
87     is not meeting or exceeding the county's or county zone's cap.
88          (b) After a county or county zone transfers offenders under Subsection (2)(a), the
89     department shall permanently reduce the total number of available beds within the county or
90     county zone according to the number of offenders transferred to a different community
91     correctional center under Subsection (2)(a), unless the reduction places the county or county
92     zone below the county's or county zone's cap.
93          (3) The department may not transfer an offender under Subsection (2)(a) unless the
94     department determines that the transfer is in the best interest of the offender's successful
95     re-entry into the community.
96          (4) When opening a new community correctional center, the department shall:
97          (a) determine which counties or county zones are operating in excess of the counties' or
98     county zones' respective caps;
99          (b) compare the percentages at which the counties or county zones identified in
100     Subsection (4)(a) are operating above the counties' or county zones' respective caps;
101          (c) use the comparison described in Subsection (4)(b) to determine the number of
102     offenders who may be transferred from each county or county zone to the new community
103     correctional center, giving priority to offender transfers from counties or county zones that
104     have the highest percentages; and
105          (d) limit the offenders who will be placed in the new community correctional center to:
106          (i) offenders who are residents of the county or county zone within which the new
107     community correctional center is located; or
108          (ii) offenders for whom the placement would be in the best interest of successful
109     re-entry into the community, as determined by the department.
110          (5) The department shall consider the proximity of the following services to the new
111     community correctional center when determining the placement of a new community
112     correctional center within a county or county zone:
113          (a) treatment services;
114          (b) healthcare services;
115          (c) employment services;
116          (d) housing services;
117          (e) transportation services; and
118          (f) other services that contribute to an offender's successful community reintegration.