This document includes House Floor Amendments incorporated into the bill on Wed, Feb 28, 2024 at 10:38 PM by housengrossing.
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8 LONG TITLE
9 General Description:
10 This bill concerns county correctional facility reimbursement.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ amends provisions concerning county correctional facility reimbursement for state
15 probationary inmates and state parole inmates;
16 ▸ amends provisions concerning the Subcommittee on County Correctional Facility
17 Contracting and Reimbursement, including reporting requirements; and
18 ▸ makes technical and conforming changes.
19 Money Appropriated in this Bill:
20 This bill appropriates in fiscal year 2025:
21 ▸ to Governor's Office - CCJJ - Jail Reimbursement - Jail Reimbursement as a
22 one-time appropriation:
23 • from the General Fund, One-time, Ĥ→ [
24 Other Special Clauses:
25 This bill provides a special effective date.
26 Utah Code Sections Affected:
27 AMENDS:
28 63A-16-1002, as last amended by Laws of Utah 2023, Chapters 158, 161, 382, and 448
29 63I-2-263, as last amended by Laws of Utah 2023, Chapters 33, 139, 212, 354, and 530
30 63I-2-264, as last amended by Laws of Utah 2021, Chapter 366
31 63J-1-602.2 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 33,
32 34, 134, 139, 180, 212, 246, 310, 330, 345, 354, and 534
33 64-13e-102, as last amended by Laws of Utah 2023, Chapter 246
34 64-13e-103.1, as last amended by Laws of Utah 2023, Chapter 246
35 64-13e-104, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
36 64-13e-105, as last amended by Laws of Utah 2023, Chapter 246
37 REPEALS:
38 64-13e-103.2, as last amended by Laws of Utah 2023, Chapter 246
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 63A-16-1002 is amended to read:
42 63A-16-1002. Criminal and juvenile justice database.
43 (1) The commission shall oversee the creation and management of a criminal and
44 juvenile justice database for information and data required to be reported to the commission,
45 organized by county, and accessible to all criminal justice agencies in the state.
46 (2) The division shall assist with the development and management of the database.
47 (3) The division, in collaboration with the commission, shall create:
48 (a) master standards and formats for information submitted to the database;
49 (b) a portal, bridge, website, or other method for reporting entities to provide the
50 information;
51 (c) a master data management index or system to assist in the retrieval of information
52 in the database;
53 (d) a protocol for accessing information in the database that complies with state
54 privacy regulations; and
55 (e) a protocol for real-time audit capability of all data accessed through the portal by
56 participating data source, data use entities, and regulators.
57 (4) Each criminal justice agency charged with reporting information to the commission
58 shall provide the data or information to the database in a form prescribed by the commission.
59 (5) The database shall be the repository for the statutorily required data described in:
60 (a) Section 13-53-111, recidivism reporting requirements;
61 (b) Section 17-22-32, county jail reporting requirements;
62 (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
63 (d) Section 41-6a-511, courts to collect and maintain data;
64 (e) Section 53-23-101, reporting requirements for reverse-location warrants;
65 (f) Section 53-24-102, sexual assault offense reporting requirements for law
66 enforcement agencies;
67 (g) Section 63M-7-214, law enforcement agency grant reporting;
68 (h) Section 63M-7-216, prosecutorial data collection;
69 (i) Section 64-13-21, supervision of sentenced offenders placed in community;
70 (j) Section 64-13-25, standards for programs;
71 (k) Section 64-13-45, department reporting requirements;
72 (l) Section 64-13e-104, [
73 program for state probationary inmates [
74 (m) Section 77-7-8.5, use of tactical groups;
75 (n) Section 77-11b-404, forfeiture reporting requirements;
76 (o) Section 77-20-103, release data requirements;
77 (p) Section 77-22-2.5, court orders for criminal investigations;
78 (q) Section 78A-2-109.5, court demographics reporting;
79 (r) Section 80-6-104, data collection on offenses committed by minors; and
80 (s) any other statutes which require the collection of specific data and the reporting of
81 that data to the commission.
82 (6) The commission shall report:
83 (a) progress on the database, including creation, configuration, and data entered, to the
84 Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
85 (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
86 Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
87 Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
88 Committee not later than January 16, 2023.
89 Section 2. Section 63I-2-263 is amended to read:
90 63I-2-263. Repeal dates: Title 63A to Title 63N.
91 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
92 Procurement Advisory Council is repealed July 1, 2025.
93 (2) Section 63A-17-303 is repealed July 1, 2023.
94 (3) Section 63A-17-806 is repealed June 30, 2026.
95 (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
96 Commission is repealed July 1, 2023.
97 (5) Section 63H-7a-303 is repealed July 1, 2024.
98 (6) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public safety
99 communications network, is repealed July 1, 2033.
100 (7) Subsection [
101 State Tax Commission for property tax deferral reimbursements, is repealed July 1, 2027.
102 (8) Subsection 63N-2-213(12)(a), relating to claiming a tax credit in the same taxable
103 year as the targeted business income tax credit, is repealed December 31, 2024.
104 (9) Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an Enterprise
105 Zone, is repealed December 31, 2024.
106 Section 3. Section 63I-2-264 is amended to read:
107 63I-2-264. Repeal dates: Title 64.
108 [
109 Section 4. Section 63J-1-602.2 (Effective 07/01/24) is amended to read:
110 63J-1-602.2 (Effective 07/01/24). List of nonlapsing appropriations to programs.
111 Appropriations made to the following programs are nonlapsing:
112 (1) The Legislature and the Legislature's committees.
113 (2) The State Board of Education, including all appropriations to agencies, line items,
114 and programs under the jurisdiction of the State Board of Education, in accordance with
115 Section 53F-9-103.
116 (3) The Rangeland Improvement Act created in Section 4-20-101.
117 (4) The Percent-for-Art Program created in Section 9-6-404.
118 (5) The LeRay McAllister Working Farm and Ranch Fund created in Section 4-46-301.
119 (6) The Utah Lake Authority created in Section 11-65-201.
120 (7) Dedicated credits accrued to the Utah Marriage Commission as provided under
121 Subsection 17-16-21(2)(d)(ii).
122 (8) The Wildlife Land and Water Acquisition Program created in Section 23A-6-205.
123 (9) Sanctions collected as dedicated credits from Medicaid providers under Subsection
124 26B-3-108(7).
125 (10) The primary care grant program created in Section 26B-4-310.
126 (11) The Opiate Overdose Outreach Pilot Program created in Section 26B-4-512.
127 (12) The Utah Health Care Workforce Financial Assistance Program created in Section
128 26B-4-702.
129 (13) The Rural Physician Loan Repayment Program created in Section 26B-4-703.
130 (14) The Utah Medical Education Council for the:
131 (a) administration of the Utah Medical Education Program created in Section
132 26B-4-707;
133 (b) provision of medical residency grants described in Section 26B-4-711; and
134 (c) provision of the forensic psychiatric fellowship grant described in Section
135 26B-4-712.
136 (15) The Division of Services for People with Disabilities, as provided in Section
137 26B-6-402.
138 (16) Funds that the Department of Alcoholic Beverage Services retains in accordance
139 with Subsection 32B-2-301(8)(a) or (b).
140 (17) The General Assistance program administered by the Department of Workforce
141 Services, as provided in Section 35A-3-401.
142 (18) The Utah National Guard, created in Title 39A, National Guard and Militia Act.
143 (19) The Search and Rescue Financial Assistance Program, as provided in Section
144 53-2a-1102.
145 (20) The Emergency Medical Services Grant Program in Section 53-2d-207.
146 (21) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
147 (22) The Utah Board of Higher Education for teacher preparation programs, as
148 provided in Section 53B-6-104.
149 (23) Innovation grants under Section 53G-10-608, except as provided in Subsection
150 53G-10-608(6).
151 (24) The Division of Fleet Operations for the purpose of upgrading underground
152 storage tanks under Section 63A-9-401.
153 (25) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
154 (26) The Division of Technology Services for technology innovation as provided under
155 Section 63A-16-903.
156 (27) The State Capitol Preservation Board created by Section 63C-9-201.
157 (28) The Office of Administrative Rules for publishing, as provided in Section
158 63G-3-402.
159 (29) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
160 Colorado River Authority of Utah Act.
161 (30) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act,
162 as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
163 (31) The Governor's Office of Economic Opportunity's Rural Employment Expansion
164 Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program.
165 (32) County correctional facility contracting program for state inmates as described in
166 Section 64-13e-103.
167 (33) County correctional facility reimbursement program for state probationary inmates
168 and state parole inmates as described in Section 64-13e-104.
169 [
170 65A-2-8.
171 [
172 provided in Section 63A-17-106.
173 [
174 fund, as provided in Section 69-2-301.
175 [
176 [
177 Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
178 participating in a settlement of federal reserved water right claims.
179 [
180 in Section 77-10a-19.
181 [
182 78A-6-210.
183 [
184 [
185 [
186 and 78B-6-144.5.
187 [
188 Defense Commission.
189 [
190 Management under Section 63A-5b-703 under which state agencies receive an appropriation
191 and pay lease payments for the use and occupancy of buildings owned by the Division of
192 Facilities Construction and Management.
193 [
194 taxes in accordance with Section 59-2-1802.5.
195 [
196 4-2-902.
197 Section 5. Section 64-13e-102 is amended to read:
198 64-13e-102. Definitions.
199 As used in this chapter:
200 [
201
202
203 [
204 (a) an evidence-based cognitive behavioral therapy program; or
205 (b) a certificate-based program provided by:
206 (i) an institution of higher education described in Subsection 53B-1-102(1)(b); or
207 (ii) a degree-granting institution acting in the degree-granting institution's technical
208 education role described in Section 53B-2a-201.
209 [
210
211 [
212 (3) "Commission" means the State Commission on Criminal and Juvenile Justice,
213 created in Section 63M-7-201.
214 (4) (a) "Condition of probation day" means a day spent by a state probationary inmate
215 in a county correctional facility as a condition of probation.
216 (b) "Condition of probation day" includes a day spent by a state probationary inmate in
217 a county correctional facility:
218 (i) after the date of sentencing;
219 (ii) before the date of sentencing, if a court orders that the state probationary inmate
220 shall receive credit for time served in a county correctional facility before the date of
221 sentencing;
222 (iii) as a condition of an original order of probation; and
223 (iv) as a condition of a new order of probation after a prior revocation of probation.
224 (c) "Condition of probation day" does not include a day spent by a state probationary
225 inmate in a county correctional facility:
226 (i) as a probation sanction day;
227 (ii) after the state probationary inmate has spent 365 consecutive dates in a county
228 correctional facility for a single order of probation;
229 (iii) as a condition of a plea in abeyance agreement if a conviction has not been
230 entered;
231 (iv) on a hold instituted by the federal Immigration and Customs Enforcement Agency
232 of the United States Department of Homeland Security; or
233 (v) after the termination of probation if the state probationary inmate is:
234 (A) sentenced to prison; or
235 (B) eligible for release.
236 (5) "Department" means the Department of Corrections, created in Section 64-13-2.
237 (6) "Division [
238 63A-3-101.
239 (7) (a) "Eligible bed day" means a day spent by a state probationary inmate or a state
240 parole inmate in a county correctional facility that is eligible for reimbursement under Section
241 64-13e-104.
242 (b) "Eligible bed day" includes:
243 (i) a condition of probation day;
244 (ii) a parole hold day;
245 (iii) a parole sanction day; and
246 (iv) a probation sanction day.
247 (8) (a) "Parole hold day" means a day spent in a county correctional facility by a state
248 parole inmate under Subsection 64-13-29(3) based on a suspected violation of the state parole
249 inmate's terms of parole.
250 (b) "Parole hold day" does not include a day spent in a county correctional facility by a
251 state parole inmate:
252 (i) after the state parole inmate has spent 72 hours, excluding weekends and holidays,
253 for a single suspected violation of the state parole inmate's terms of parole; or
254 (ii) as a parole sanction day.
255 (9) (a) "Parole sanction day" means a day spent in a county correctional facility by a
256 state parole inmate as a sanction under Subsection 64-13-6(2) for a violation of the state parole
257 inmate's terms of parole.
258 (b) "Parole sanction day" includes not more than three consecutive days and not more
259 than a total of five days within a period of 30 days for each sanction.
260 (c) "Parole sanction day" does not include a parole hold day.
261 (10) (a) "Probation sanction day" means a day spent in a county correctional facility by
262 a state probationary inmate as a sanction under Subsection 64-13-6(2) based on a violation of
263 the state probationary inmate's terms of probation.
264 (b) "Probation sanction day" includes not more than three consecutive days and not
265 more than a total of five days within a period of 30 days for each sanction.
266 (c) "Probation sanction day" does not include:
267 (i) a condition of probation day; or
268 (ii) a day spent in a county correctional facility by a state probationary inmate under
269 Subsection 64-13-29(3) based on a suspected violation of the state probationary inmate's terms
270 of probation.
271 [
272 [
273
274 [
275 [
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277 [
278 [
279 [
280 [
281 [
282 [
283 calculated by the department based on the previous three fiscal years, that reflects the following
284 expenses incurred by the department for housing an inmate:
285 (a) executive overhead;
286 (b) administrative overhead;
287 (c) transportation overhead;
288 (d) division overhead; and
289 (e) motor pool expenses.
290 [
291 or state parole inmate, who is committed to the custody of the department.
292 [
293 (a) on parole, as defined in Section 77-27-1; and
294 (b) housed in a county correctional facility for a reason related to the individual's
295 parole.
296 [
297 a county correctional facility under Subsection 77-18-105(6).
298 [
299 (a) an alcohol treatment program;
300 (b) a substance abuse treatment program;
301 (c) a sex offender treatment program; or
302 (d) an alternative treatment program.
303 Section 6. Section 64-13e-103.1 is amended to read:
304 64-13e-103.1. Calculating the state incarceration rate.
305 (1) Before September 15 of each year, the department shall:
306 (a) calculate the state daily incarceration rate; and
307 (b) inform each county and [
308 (2) The state daily incarceration rate may not be less than the rate presented to the
309 Executive Appropriations Committee of the Legislature for purposes of setting the
310 appropriation for the department's budget.
311 Section 7. Section 64-13e-104 is amended to read:
312 64-13e-104. County correctional facility reimbursement program for state
313 probationary inmates and state parole inmates -- Payments.
314 [
315
316 [
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319 [
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321 [
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323 [
324 bed days as described in this section.
325 (2) Within funds appropriated by the Legislature for [
326 Subsection (1), the [
327 (a) pay a county [
328 the county's eligible bed days at a rate of [
329 incarceration rate; and
330 (b) administer the payments under this section.
331 (3) Funds appropriated by the Legislature under Subsection (2):
332 (a) are nonlapsing;
333 (b) may only be used for the purposes described in Subsection (2) [
334
335 (c) may not be used for:
336 (i) the costs of administering the payment described in this section; or
337 (ii) payment of county correctional facility contract costs for state inmates under
338 Section 64-13e-103.
339 (4) The costs described in Subsection (3)(c)(i) shall be [
340 appropriation.
341 (5) [
342
343 [
344 commission may adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking
345 Act, [
346 procedures for collecting data from counties for the purpose of completing the calculations
347 described in this section.
348 [
349
350
351
352 (6) Each county that receives the payment described in Subsection (2) [
353
354 established by the commission.
355 [
356 [
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358 [
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360 [
361 [
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363 [
364
365 (7) (a) On or before September 30 of each year, [
366 (i) compile the information from the reports described in Subsection [
367 relate to the preceding state fiscal year and provide a copy of the compilation to each county
368 that submitted a report; and
369 (ii) calculate:
370 (A) [
371
372 (B) [
373 county's eligible bed days in accordance with Subsection (2).
374 (b) On or before October 15 of each year, [
375 [
376 [
377 [
378 [
379 each county.
380 (8) (a) On or before December 15 of each year, the [
381 distribute the payment described in Subsection (7)(b) in a single payment to each county.
382 (b) Funds from the Jail Reimbursement Reserve Program may be used only once
383 existing annual appropriated funds for the fiscal year have been exhausted.
384 [
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388 [
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390 [
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395 Section 8. Section 64-13e-105 is amended to read:
396 64-13e-105. Subcommittee on County Correctional Facility Contracting and
397 Reimbursement -- Purpose -- Responsibilities -- Membership.
398 (1) There is created within [
399 Correctional Facility Contracting and Reimbursement consisting of the individuals listed in
400 Subsection (3).
401 (2) The subcommittee shall meet at least [
402 make recommendations for:
403 (a) the state daily incarceration rate, described in Section 64-13e-103.1;
404 [
405 [
406 goals, including the creation of a comprehensive statewide system of county correctional
407 facility contracting and reimbursement;
408 [
409 goals for housing state inmates;
410 [
411 [
412 [
413 [
414 programs;
415 [
416 [
417 (3) The membership of the subcommittee shall consist of the following nine members:
418 (a) as designated by the Utah Sheriffs' Association:
419 (i) one sheriff of a county that is currently under contract with the department to house
420 state inmates; and
421 (ii) one sheriff of a county that is currently receiving reimbursement from the
422 department for housing state probationary inmates or state parole inmates;
423 (b) the executive director of the department or the executive director's designee;
424 (c) as designated by the Utah Association of Counties:
425 (i) one member of the legislative body of one county that is currently under contract
426 with the department to house state inmates; and
427 (ii) one member of the legislative body of one county that is currently receiving
428 reimbursement for housing state probationary inmates or state parole inmates;
429 (d) the executive director of [
430 designee;
431 (e) one member of the House of Representatives, appointed by the speaker of the
432 House of Representatives;
433 (f) one member of the Senate, appointed by the president of the Senate; and
434 (g) the executive director of the Governor's Office of Planning and Budget or the
435 executive director's designee.
436 (4) The subcommittee shall report to the Law Enforcement and Criminal Justice
437 Interim Committee in November of each year on the status of the [
438
439 reimbursement and contracting system.
440 (5) The subcommittee shall report to the Executive Offices and Criminal Justice
441 Appropriations Subcommittee not later than October 31 [
442 on costs associated with [
443 correctional facility reimbursement and contracting system established in this chapter.
444 (6) (a) A member who is not a legislator may not receive compensation or benefits for
445 the member's service, but may receive per diem and travel expenses as allowed in:
446 (i) Section 63A-3-106;
447 (ii) Section 63A-3-107; and
448 (iii) rules made by the [
449 and 63A-3-107.
450 (b) Compensation and expenses of a member who is a legislator are governed by
451 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
452 Section 9. Repealer.
453 This bill repeals:
454 Section 64-13e-103.2, State daily incarceration rate -- Limits -- Payments to county
455 correctional facilities for state probationary and state parole inmates.
456 Section 10. FY 2025 Appropriation.
457 The following sums of money are appropriated for the fiscal year beginning July 1,
458 2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
459 fiscal year 2025.
460 Subsection 10(a) Operating and Capital Budgets
461 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
462 Legislature appropriates the following sums of money from the funds or accounts indicated for
463 the use and support of the government of the state of Utah.
464
ITEM 1
To Governor's Office - CCJJ - Jail Reimbursement465 | From General Fund, One-time Ĥ→ [ | $1,500,000] $1,000,000← Ĥ | |||
466 | Schedule of Programs: | ||||
467 | Jail Reimbursement Ĥ→ [ | $1,500,000] $1,000,000 ←Ĥ |
468 Section 11. Effective date.
469 This bill takes effect on July 1, 2024.