1     
COUNTY CORRECTIONAL FACILITY CONTRACTING

2     
AMENDMENTS

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Derrin R. Owens

6     
House Sponsor: Jefferson S. Burton

7     

8     LONG TITLE
9     General Description:
10          This bill concerns county correctional facility contracting.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies definitions;
14          ▸     amends provisions concerning county correctional facility contracting for state
15     inmates;
16          ▸     mandates certain data collection and reporting regarding county correctional facility
17     treatment programs for state inmates;
18          ▸     removes existing state daily incarceration rate as applied to county correctional
19     facility contracting for state inmates;
20          ▸     removes existing annual expenditure for county correctional facility contracting for
21     state inmates;
22          ▸     requires the Department of Corrections to annually estimate the number of county
23     correctional facility bed spaces required for state inmates and removes specific
24     numbers of bed spaces;
25          ▸     amends provisions concerning the Subcommittee on County Correctional Facility
26     Contracting and Reimbursement; and
27          ▸     makes technical and conforming changes.
28     Money Appropriated in this Bill:
29          This bill appropriates in fiscal year 2024:
30          ▸     to the Department of Corrections - County Correctional Facility Contracting:
31               •     from the General Fund, $5,410,400.
32               •     from the General Fund, One-time, $1,436,200.
33          ▸     to the Department of Corrections - County Correctional Facility Contracting
34     Reserve, as a one-time appropriation:
35               •     from the General Fund, One-time, $2,000,000.
36     Other Special Clauses:
37          This bill provides a special effective date.
38     Utah Code Sections Affected:
39     AMENDS:
40          63J-1-602.2, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
41     242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
42     Chapter 154
43          64-13e-102, as last amended by Laws of Utah 2022, Chapter 370
44          64-13e-103, as last amended by Laws of Utah 2022, Chapter 187
45          64-13e-103.1, as enacted by Laws of Utah 2020, Chapter 410
46          64-13e-103.2, as enacted by Laws of Utah 2021, Chapter 366
47          64-13e-105, as last amended by Laws of Utah 2021, Chapters 366, 382
48     ENACTS:
49          64-13e-103.3, Utah Code Annotated 1953
50     REPEALS:
51          64-13e-101, as enacted by Laws of Utah 2007, Chapter 353
52     

53     Be it enacted by the Legislature of the state of Utah:
54          Section 1. Section 63J-1-602.2 is amended to read:
55          63J-1-602.2. List of nonlapsing appropriations to programs.
56          Appropriations made to the following programs are nonlapsing:
57          (1) The Legislature and the Legislature's committees.
58          (2) The State Board of Education, including all appropriations to agencies, line items,
59     and programs under the jurisdiction of the State Board of Education, in accordance with
60     Section 53F-9-103.
61          (3) The Percent-for-Art Program created in Section 9-6-404.
62          (4) The LeRay McAllister Critical Land Conservation Program created in Section
63     4-46- 301.
64          (5) The Utah Lake Authority created in Section 11-65-201.
65          (6) Dedicated credits accrued to the Utah Marriage Commission as provided under
66     Subsection 17-16-21(2)(d)(ii).
67          (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
68     the Pelican Management Act, as provided in Section 23-21a-6.
69          (8) The Emergency Medical Services Grant Program in Section 26-8a-207.
70          (9) The primary care grant program created in Section 26-10b-102.
71          (10) Sanctions collected as dedicated credits from Medicaid providers under
72     Subsection 26-18-3(7).
73          (11) The Utah Health Care Workforce Financial Assistance Program created in Section
74     26-46-102.
75          (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
76          (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
77          (14) The Utah Medical Education Council for the:
78          (a) administration of the Utah Medical Education Program created in Section
79     26-69-403;
80          (b) provision of medical residency grants described in Section 26-69-407; and
81          (c) provision of the forensic psychiatric fellowship grant described in Section
82     26-69-408.
83          (15) Funds that the Department of Alcoholic Beverage Services retains in accordance
84     with Subsection 32B-2-301(8)(a) or (b).
85          (16) The General Assistance program administered by the Department of Workforce
86     Services, as provided in Section 35A-3-401.
87          (17) The Utah National Guard, created in Title 39, Militia and Armories.
88          (18) The State Tax Commission under Section 41-1a-1201 for the:
89          (a) purchase and distribution of license plates and decals; and
90          (b) administration and enforcement of motor vehicle registration requirements.
91          (19) The Search and Rescue Financial Assistance Program, as provided in Section
92     53-2a-1102.
93          (20) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
94          (21) The Utah Board of Higher Education for teacher preparation programs, as
95     provided in Section 53B-6-104.
96          (22) Innovation grants under Section 53G-10-608, except as provided in Subsection
97     53G-10-608(6).
98          (23) The Division of Services for People with Disabilities, as provided in Section
99     62A-5-102.
100          (24) The Division of Fleet Operations for the purpose of upgrading underground
101     storage tanks under Section 63A-9-401.
102          (25) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
103          (26) The Division of Technology Services for technology innovation as provided under
104     Section 63A-16-903.
105          (27) The Office of Administrative Rules for publishing, as provided in Section
106     63G-3-402.
107          (28) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
108     Colorado River Authority of Utah Act.
109          (29) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act,
110     as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
111          (30) The Governor's Office of Economic Opportunity's Rural Employment Expansion
112     Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program.
113          (31) County correctional facility contracting program for state inmates as described in
114     Section 64-13e-103.
115          [(31)] (32) Programs for the Jordan River Recreation Area as described in Section
116     65A-2-8.
117          [(32)] (33) The Division of Human Resource Management user training program, as
118     provided in Section 63A-17-106.
119          [(33)] (34) A public safety answering point's emergency telecommunications service
120     fund, as provided in Section 69-2-301.
121          [(34)] (35) The Traffic Noise Abatement Program created in Section 72-6-112.
122          [(35)] (36) The money appropriated from the Navajo Water Rights Negotiation
123     Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
124     participating in a settlement of federal reserved water right claims.
125          [(36)] (37) The Judicial Council for compensation for special prosecutors, as provided
126     in Section 77-10a-19.
127          [(37)] (38) A state rehabilitative employment program, as provided in Section
128     78A-6-210.
129          [(38)] (39) The Utah Geological Survey, as provided in Section 79-3-401.
130          [(39)] (40) The Bonneville Shoreline Trail Program created under Section 79-5-503.
131          [(40)] (41) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
132     and 78B-6-144.5.
133          [(41)] (42) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
134     Defense Commission.
135          [(42)] (43) The program established by the Division of Facilities Construction and
136     Management under Section 63A-5b-703 under which state agencies receive an appropriation
137     and pay lease payments for the use and occupancy of buildings owned by the Division of
138     Facilities Construction and Management.
139          [(43)] (44) The State Tax Commission for reimbursing counties for deferred property
140     taxes in accordance with Section 59-2-1802.
141          Section 2. Section 64-13e-102 is amended to read:
142     
CHAPTER 13e. COUNTY CORRECTIONAL FACILITY CONTRACTING AND

143     
REIMBURSEMENT

144          64-13e-102. Definitions.
145          As used in this chapter:
146          (1) "Actual county daily incarceration rate" means the median amount of jail daily
147     incarceration costs based on the data submitted by counties in accordance with [Section]
148     Subsection 64-13e-104(6)(b).
149          [(2) "Actual state daily incarceration rate" means the average daily incarceration rate,
150     calculated by the department based on the previous three fiscal years, that reflects the following
151     expenses incurred by the department for housing an inmate:]
152          [(a) executive overhead;]
153          [(b) administrative overhead;]
154          [(c) transportation overhead;]
155          [(d) division overhead; and]
156          [(e) motor pool expenses.]
157          [(3)] (2) "Alternative treatment program" means:
158          (a) an evidence-based cognitive behavioral therapy program; or
159          (b) a certificate-based program provided by:
160          (i) an institution of higher education described in Subsection 53B-1-102(1)(b); or
161          (ii) a degree-granting institution acting in the degree-granting institution's technical
162     education role described in Section 53B-2a-201.
163          [(4)] (3) "Annual inmate jail days" means the total number of state probationary
164     inmates housed in a county jail each day for the preceding fiscal year.
165          [(5)] (4) "CCJJ" means the [Utah] State Commission on Criminal and Juvenile Justice,
166     created in Section 63M-7-201.
167          [(6)] (5) "Department" means the Department of Corrections, created in Section
168     64-3-101.
169          [(7)] (6) "Division of Finance" means the Division of Finance, created in Section
170     63A-3-101.
171          [(8)] (7) "Final county daily incarceration rate" means the amount equal to:
172          (a) the amount appropriated by the Legislature for the purpose of making payments to
173     counties under Section 64-13e-104; divided by
174          (b) the average annual inmate jail days for the preceding five fiscal years.
175          [(9)] (8) "Jail daily incarceration costs" means the following daily costs incurred by a
176     county jail for housing a state probationary inmate on behalf of the department:
177          (a) executive overhead;
178          (b) administrative overhead;
179          (c) transportation overhead;
180          (d) division overhead; and
181          (e) motor pool expenses.
182          (9) "State daily incarceration rate" means the average daily incarceration rate,
183     calculated by the department based on the previous three fiscal years, that reflects the following
184     expenses incurred by the department for housing an inmate:
185          (a) executive overhead;
186          (b) administrative overhead;
187          (c) transportation overhead;
188          (d) division overhead; and
189          (e) motor pool expenses.
190          (10) "State inmate" means an individual, other than a state probationary inmate or state
191     parole inmate, who is committed to the custody of the department.
192          (11) "State parole inmate" means an individual who is:
193          (a) on parole, as defined in Section 77-27-1; and
194          (b) housed in a county [jail] correctional facility for a reason related to the individual's
195     parole.
196          (12) "State probationary inmate" means a felony probationer sentenced to time in a
197     county [jail] correctional facility under Subsection 77-18-105(6).
198          (13) "Treatment program" means:
199          (a) an alcohol treatment program;
200          (b) a substance abuse treatment program;
201          (c) a sex offender treatment program; or
202          (d) an alternative treatment program.
203          Section 3. Section 64-13e-103 is amended to read:
204          64-13e-103. County correctional facility contracting program for state inmates --
205     Payments -- Reporting -- Contracts.
206          (1) Subject to Subsection (6), the department may contract with a county to house state
207     inmates in a county [or other] correctional facility.
208          (2) The department shall give preference for placement of state inmates, over private
209     entities, to county correctional facility bed spaces for which the department has contracted
210     under Subsection (1).
211          (3) (a) The compensation rate for housing state inmates pursuant to a contract
212     described in Subsection (1) shall be:
213          (i) except as provided in Subsection (3)(a)(ii), [83.19%] 84% of the [actual] state daily
214     incarceration rate for [beds] a county correctional facility bed space in a county that, pursuant
215     to the contract, [are] is dedicated to a treatment program for state inmates, if the treatment
216     program is approved by the department under Subsection (3)(c);
217          (ii) [74.18%] 75% of the [actual] state daily incarceration rate for [beds] a county
218     correctional facility bed space in a county that, pursuant to the contract, [are] is dedicated to an
219     alternative treatment program for state inmates, if the alternative treatment program is
220     approved by the department under Subsection (3)(c); and
221          (iii) [66.23%] 70% of the [actual] state daily incarceration rate for [beds] a county
222     correctional facility bed space in a county other than the [beds] bed spaces described in
223     Subsections (3)(a)(i) and (ii).
224          (b) The department shall:
225          (i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
226     Rulemaking Act, that establish standards that a treatment program is required to meet before
227     the treatment program is considered for approval for the purpose of a county receiving payment
228     based on the rate described in Subsection (3)(a)(i) or (ii); and
229          (ii) determine on an annual basis, based on appropriations made by the Legislature for
230     the contracts described in this section, whether to approve a treatment program that meets the
231     standards established under Subsection (3)(b)(i), for the purpose of a county receiving payment
232     based on the rate described in Subsection (3)(a)(i) or (ii).
233          (c) The department may not approve a treatment program for the purpose of a county
234     receiving payment based on the rate described in Subsection (3)(a)(i) or (ii), unless:
235          (i) the program meets the standards established under Subsection (3)(b)(i); and
236          [(ii) the department determines that the Legislature has appropriated sufficient funds
237     to:]
238          [(A) pay the county that provides the treatment program at the rate described in
239     Subsection (3)(a)(i) or (ii); and]
240          [(B) pay each county that does not provide a treatment program an amount per state
241     inmate that is not less than the amount per state inmate received for the preceding fiscal year by
242     a county that did not provide a treatment program; and]
243          [(iii)] (ii) the department determines that the treatment program is needed by the
244     department at the location where the treatment program will be provided.
245          (d) (i) The department shall annually:
246          (A) collect information from each county described in Subsection (1) regarding the
247     treatment programs for state inmates offered by the county;
248          (B) evaluate, review, and audit the results of each treatment program on state inmate
249     recidivism and other relevant metrics; and
250          (C) on or before November 30, report the results of the information described in
251     Subsection (3)(d)(i)(B) to the Executive Offices and Criminal Justice Appropriations
252     Subcommittee.
253          (ii) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
254     Administrative Rulemaking Act, to implement the provisions of Subsection (3)(d)(i).
255          (4) (a) Compensation to a county for state inmates incarcerated under this section shall
256     be made by the department.
257          (b) Funds from the County Correctional Facility Contracting Reserve Program may be
258     used only once existing annual appropriated funds for the fiscal year have been exhausted.
259          (5) Counties that contract with the department under Subsection (1) shall, on or before
260     June 30 of each year, submit a report to the department that includes:
261          (a) the number of state inmates the county housed under this section; [and]
262          (b) the total number of state inmate days of incarceration that were provided by the
263     county[.]; and
264          (c) the information required under Subsection (3)(d)(i)(A).
265          (6) Except as provided under Subsection (7), the department may not enter into a
266     contract with a county as described under Subsection (1), unless:
267          (a) beginning July 1, 2023, the county [jail] correctional facility within the county is in
268     compliance with the reporting requirements described in Subsection 17-22-32(2); and
269          (b) the Legislature has previously passed a joint resolution that includes the following
270     information regarding the proposed contract:
271          (i) the approximate number of beds to be contracted;
272          [(ii) the daily rate at which the county is paid to house a state inmate;]
273          [(iii)] (ii) the approximate amount of the county's long-term debt; and
274          [(iv)] (iii) the repayment time of the debt for the facility where the inmates are to be
275     housed.
276          (7) The department may enter into a contract with a county government to house
277     inmates without complying with the approval process described in Subsection (6) only if the
278     county facility was under construction, or already in existence, on March 16, 2001.
279          (8) Any resolution passed by the Legislature under Subsection (6) does not bind or
280     obligate the Legislature or the department regarding the proposed contract.
281          Section 4. Section 64-13e-103.1 is amended to read:
282          64-13e-103.1. Calculating the state incarceration rate.
283          (1) Before September 15 of each year, the department shall:
284          (a) calculate[,] the state daily incarceration rate; and
285          (b) inform each county and CCJJ of the [actual] state daily incarceration rate.
286          (2) The [actual] state daily incarceration rate may not be less than the rate presented to
287     the Executive Appropriations Committee of the Legislature for purposes of setting the
288     appropriation for the department's budget.
289          Section 5. Section 64-13e-103.2 is amended to read:
290          64-13e-103.2. State daily incarceration rate -- Limits -- Payments to county
291     correctional facilities for state probationary and state parole inmates.
292          (1) Notwithstanding [Sections 64-13e-103 and] Section 64-13e-103.1, the [actual] state
293     daily incarceration rate shall be $85.27[. This rate shall apply to inmates under Section
294     64-13e-103 and] for probationary and parole inmates under Section 64-13e-104.
295          [(2) Notwithstanding Subsection 64-13e-103(3)(a), the number of jail beds contracted
296     for shall be 1450 at the base rate of 71.57%, with the exception of:]
297          [(a) the beds set aside for Subsection 64-13e-103(3)(a)(i) which shall be 434 beds and
298     shall be reimbursed at 88.53% of the actual state daily incarceration rate; and]
299          [(b) the beds set aside for Subsection 64-13e-103(3)(a)(ii) which shall be 235 beds and
300     shall be reimbursed at 79.52% of the actual state daily incarceration rate.]
301          [(3)] (2) Notwithstanding Subsection 64-13e-104(9), the five year average state
302     probationary or parole inmate days is set at 300,000 days.
303          [(4)] (3) Notwithstanding Subsection 64-13e-104(2), within funds appropriated by the
304     Legislature for this purpose, the Division of Finance shall pay a county that houses a state
305     probationary inmate or a state parole inmate at a rate of 50% of the [actual] state daily
306     incarceration rate.
307          [(5) Expenditures for Section 64-13e-103 shall be $35,173,900 annually.]
308          [(6)] (4) Expenditures for Section 64-13e-104 shall be $12,790,700 annually.
309          Section 6. Section 64-13e-103.3 is enacted to read:
310          64-13e-103.3. Estimating the annual number of county correctional facility bed
311     spaces required for state inmates.
312          (1) (a) Before September 15 of each year, the department shall estimate the total
313     number of annual county correctional facility bed spaces that are required for state inmates in
314     the upcoming fiscal year, including the annual number of bed spaces that shall be dedicated to:
315          (i) a treatment program for state inmates under Subsection 64-13e-103(3)(a)(i); and
316          (ii) an alternative treatment program for state inmates under Subsection
317     64-13e-103(3)(a)(ii).
318          (b) The department's estimates described in Subsection (1)(a) shall be based upon:
319          (i) a review of the annual numbers of county correctional facility bed spaces used for
320     state inmates during the preceding years; and
321          (ii) any other information relevant to the department.
322          (2) The department shall inform each county of the estimates described in Subsection
323     (1)(a).
324          Section 7. Section 64-13e-105 is amended to read:
325          64-13e-105. Subcommittee on County Correctional Facility Contracting and
326     Reimbursement -- Purpose -- Responsibilities -- Membership.
327          (1) There is created within [the Commission on Criminal and Juvenile Justice] CCJJ,
328     the Subcommittee on [Jail] County Correctional Facility Contracting and Reimbursement
329     consisting of the individuals listed in Subsection (3).
330          (2) The subcommittee shall meet at least quarterly to review, discuss, and make
331     recommendations for:
332          (a) the state daily incarceration rate, described in Section 64-13e-103.1;
333          (b) the county daily incarceration rate;
334          (c) [jail] county correctional facility contracting and [jail] reimbursement processes and
335     goals, including the creation of a comprehensive statewide system of [jail] county correctional
336     facility contracting and reimbursement;
337          (d) developing a partnership between the state and counties to create common goals for
338     housing state inmates;
339          (e) calculations for the projected number of [beds] bed spaces needed;
340          (f) programming for inmates while incarcerated;
341          (g) proposals to reduce recidivism;
342          (h) enhancing partnerships to improve law enforcement and incarceration programs;
343          (i) inmate transportation costs; and
344          (j) the compilation described in Subsection 64-13e-104(7).
345          (3) The membership of the subcommittee shall consist of the following nine members:
346          (a) as designated by the Utah [Sheriffs] Sheriffs' Association:
347          (i) one sheriff of a county that is currently under contract with the department to house
348     state inmates; and
349          (ii) one sheriff of a county that is currently receiving reimbursement from the
350     department for housing state probationary inmates or state parole inmates;
351          (b) the executive director of the department or the executive director's designee;
352          (c) as designated by the Utah Association of Counties:
353          (i) one member of the legislative body of one county that is currently under contract
354     with the department to house state inmates; and
355          (ii) one member of the legislative body of one county that is currently receiving
356     reimbursement [from the department] for housing state probationary inmates or state parole
357     inmates;
358          (d) the executive director of [the Commission on Criminal and Juvenile Justice] CCJJ
359     or the executive director's designee;
360          (e) one member of the House of Representatives, appointed by the speaker of the
361     House of Representatives;
362          (f) one member of the Senate, appointed by the president of the Senate; and
363          (g) the executive director of the Governor's Office of Planning and Budget or the
364     executive director's designee.
365          (4) The subcommittee shall report to the Law Enforcement and Criminal Justice
366     Interim Committee in November [2022] 2023 and 2024 on progress and efforts to create and
367     implement a comprehensive statewide [jail] county correctional facility reimbursement and
368     contracting system.
369          (5) The subcommittee shall report to the Executive Offices and Criminal Justice
370     Appropriations Subcommittee not later than October 31 in 2022, 2023, and 2024 on costs
371     associated with creating and implementing a comprehensive statewide [jail] county
372     correctional facility reimbursement and contracting system.
373          (6) (a) A member who is not a legislator may not receive compensation or benefits for
374     the member's service, but may receive per diem and travel expenses as allowed in:
375          (i) Section 63A-3-106;
376          (ii) Section 63A-3-107; and
377          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
378     63A-3-107.
379          (b) Compensation and expenses of a member who is a legislator are governed by
380     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
381          Section 8. Repealer.
382          This bill repeals:
383          Section 64-13e-101, Title.
384          Section 9. Appropriation.
385          The following sums of money are appropriated for the fiscal year beginning July 1,
386     2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
387     fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
388     Act, the Legislature appropriates the following sums of money from the funds or accounts
389     indicated for the use and support of the government of the state of Utah.
390     ITEM 1
391     To Department of Corrections - County Correctional Facility Contracting
392          From General Fund
$5,410,400

393          From General Fund, One-time
$1,436,200

394          Schedule of Programs:
395               County Correctional Facility Contracting               $6,846,600
396     ITEM 2
397     To Department of Corrections - County Correctional Facility Contracting Reserve
398          From General Fund, One-time
$2,000,000

399          Schedule of Programs:
400               County Correctional Facility Contracting Reserve          $2,000,000
401          Section 10. Effective date.
402          This bill takes effect on July 1, 2023.