Bill Summary – FastDemocracy

Enrolled Copy                                                                        S.B. 114
               COUNTY CORRECTIONAL FACILITY CONTRACTING
                                            AMENDMENTS
                                       2023 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Derrin R. Owens
                                House Sponsor: Jefferson S. Burton
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 LONG TITLE
 General Description:
        This bill concerns county correctional facility contracting.
 Highlighted Provisions:
        This bill:
        < modifies definitions;
        < amends provisions concerning county correctional facility contracting for state
 inmates;
        < mandates certain data collection and reporting regarding county correctional facility
 treatment programs for state inmates;
        < removes existing state daily incarceration rate as applied to county correctional
 facility contracting for state inmates;
        < removes existing annual expenditure for county correctional facility contracting for
 state inmates;
        < requires the Department of Corrections to annually estimate the number of county
 correctional facility bed spaces required for state inmates and removes specific
 numbers of bed spaces;
        < amends provisions concerning the Subcommittee on County Correctional Facility
 Contracting and Reimbursement; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        This bill appropriates in fiscal year 2024:
       S.B. 114                                                                   Enrolled Copy
        < to the Department of Corrections - County Correctional Facility Contracting:
            C   from the General Fund, $5,410,400.
            C   from the General Fund, One-time, $1,436,200.
        < to the Department of Corrections - County Correctional Facility Contracting
 Reserve, as a one-time appropriation:
            C   from the General Fund, One-time, $2,000,000.
 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
        63J-1-602.2, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
 242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
 Chapter 154
        64-13e-102, as last amended by Laws of Utah 2022, Chapter 370
        64-13e-103, as last amended by Laws of Utah 2022, Chapter 187
        64-13e-103.1, as enacted by Laws of Utah 2020, Chapter 410
        64-13e-103.2, as enacted by Laws of Utah 2021, Chapter 366
        64-13e-105, as last amended by Laws of Utah 2021, Chapters 366, 382
 ENACTS:
        64-13e-103.3, Utah Code Annotated 1953
 REPEALS:
        64-13e-101, as enacted by Laws of Utah 2007, Chapter 353
52
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 63J-1-602.2 is amended to read:
        63J-1-602.2. List of nonlapsing appropriations to programs.
        Appropriations made to the following programs are nonlapsing:
        (1) The Legislature and the Legislature's committees.
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      Enrolled Copy                                                                           S.B. 114
        (2) The State Board of Education, including all appropriations to agencies, line items,
 and programs under the jurisdiction of the State Board of Education, in accordance with
 Section 53F-9-103.
        (3) The Percent-for-Art Program created in Section 9-6-404.
        (4) The LeRay McAllister Critical Land Conservation Program created in Section
 4-46- 301.
        (5) The Utah Lake Authority created in Section 11-65-201.
        (6) Dedicated credits accrued to the Utah Marriage Commission as provided under
 Subsection 17-16-21(2)(d)(ii).
        (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
 the Pelican Management Act, as provided in Section 23-21a-6.
        (8) The Emergency Medical Services Grant Program in Section 26-8a-207.
        (9) The primary care grant program created in Section 26-10b-102.
        (10) Sanctions collected as dedicated credits from Medicaid providers under
 Subsection 26-18-3(7).
        (11) The Utah Health Care Workforce Financial Assistance Program created in Section
 26-46-102.
        (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
        (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
        (14) The Utah Medical Education Council for the:
        (a) administration of the Utah Medical Education Program created in Section
 26-69-403;
        (b) provision of medical residency grants described in Section 26-69-407; and
        (c) provision of the forensic psychiatric fellowship grant described in Section
 26-69-408.
        (15) Funds that the Department of Alcoholic Beverage Services retains in accordance
 with Subsection 32B-2-301(8)(a) or (b).
        (16) The General Assistance program administered by the Department of Workforce
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       S.B. 114                                                                      Enrolled Copy
 Services, as provided in Section 35A-3-401.
        (17) The Utah National Guard, created in Title 39, Militia and Armories.
        (18) The State Tax Commission under Section 41-1a-1201 for the:
        (a) purchase and distribution of license plates and decals; and
        (b) administration and enforcement of motor vehicle registration requirements.
        (19) The Search and Rescue Financial Assistance Program, as provided in Section
 53-2a-1102.
        (20) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
        (21) The Utah Board of Higher Education for teacher preparation programs, as
 provided in Section 53B-6-104.
        (22) Innovation grants under Section 53G-10-608, except as provided in Subsection
 53G-10-608(6).
        (23) The Division of Services for People with Disabilities, as provided in Section
 62A-5-102.
        (24) The Division of Fleet Operations for the purpose of upgrading underground
 storage tanks under Section 63A-9-401.
        (25) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
        (26) The Division of Technology Services for technology innovation as provided under
 Section 63A-16-903.
        (27) The Office of Administrative Rules for publishing, as provided in Section
 63G-3-402.
        (28) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
 Colorado River Authority of Utah Act.
        (29) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act,
 as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
        (30) The Governor's Office of Economic Opportunity's Rural Employment Expansion
 Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program.
        (31) County correctional facility contracting program for state inmates as described in
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        Enrolled Copy                                                                         S.B. 114
 Section 64-13e-103.
        [(31)] (32) Programs for the Jordan River Recreation Area as described in Section
 65A-2-8.
        [(32)] (33) The Division of Human Resource Management user training program, as
 provided in Section 63A-17-106.
        [(33)] (34) A public safety answering point's emergency telecommunications service
 fund, as provided in Section 69-2-301.
        [(34)] (35) The Traffic Noise Abatement Program created in Section 72-6-112.
        [(35)] (36) The money appropriated from the Navajo Water Rights Negotiation
 Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
 participating in a settlement of federal reserved water right claims.
        [(36)] (37) The Judicial Council for compensation for special prosecutors, as provided
 in Section 77-10a-19.
        [(37)] (38) A state rehabilitative employment program, as provided in Section
 78A-6-210.
        [(38)] (39) The Utah Geological Survey, as provided in Section 79-3-401.
        [(39)] (40) The Bonneville Shoreline Trail Program created under Section 79-5-503.
        [(40)] (41) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
 and 78B-6-144.5.
        [(41)] (42) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
 Defense Commission.
        [(42)] (43) The program established by the Division of Facilities Construction and
 Management under Section 63A-5b-703 under which state agencies receive an appropriation
 and pay lease payments for the use and occupancy of buildings owned by the Division of
 Facilities Construction and Management.
        [(43)] (44) The State Tax Commission for reimbursing counties for deferred property
 taxes in accordance with Section 59-2-1802.
        Section 2. Section 64-13e-102 is amended to read:
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        S.B. 114                                                                        Enrolled Copy
        CHAPTER 13e. COUNTY CORRECTIONAL FACILITY CONTRACTING AND
                                          REIMBURSEMENT
        64-13e-102. Definitions.
        As used in this chapter:
        (1) "Actual county daily incarceration rate" means the median amount of jail daily
 incarceration costs based on the data submitted by counties in accordance with [Section]
 Subsection 64-13e-104(6)(b).
        [(2) "Actual state daily incarceration rate" means the average daily incarceration rate,
 calculated by the department based on the previous three fiscal years, that reflects the following
 expenses incurred by the department for housing an inmate:]
        [(a) executive overhead;]
        [(b) administrative overhead;]
        [(c) transportation overhead;]
        [(d) division overhead; and]
        [(e) motor pool expenses.]
        [(3)] (2) "Alternative treatment program" means:
        (a) an evidence-based cognitive behavioral therapy program; or
        (b) a certificate-based program provided by:
        (i) an institution of higher education described in Subsection 53B-1-102(1)(b); or
        (ii) a degree-granting institution acting in the degree-granting institution's technical
 education role described in Section 53B-2a-201.
        [(4)] (3) "Annual inmate jail days" means the total number of state probationary
 inmates housed in a county jail each day for the preceding fiscal year.
        [(5)] (4) "CCJJ" means the [Utah] State Commission on Criminal and Juvenile Justice,
 created in Section 63M-7-201.
        [(6)] (5) "Department" means the Department of Corrections, created in Section
 64-3-101.
        [(7)] (6) "Division of Finance" means the Division of Finance, created in Section
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        Enrolled Copy                                                                               S.B. 114
 63A-3-101.
           [(8)] (7) "Final county daily incarceration rate" means the amount equal to:
           (a) the amount appropriated by the Legislature for the purpose of making payments to
 counties under Section 64-13e-104; divided by
           (b) the average annual inmate jail days for the preceding five fiscal years.
           [(9)] (8) "Jail daily incarceration costs" means the following daily costs incurred by a
 county jail for housing a state probationary inmate on behalf of the department:
           (a) executive overhead;
           (b) administrative overhead;
           (c) transportation overhead;
           (d) division overhead; and
           (e) motor pool expenses.
           (9) "State daily incarceration rate" means the average daily incarceration rate,
 calculated by the department based on the previous three fiscal years, that reflects the following
 expenses incurred by the department for housing an inmate:
           (a) executive overhead;
           (b) administrative overhead;
           (c) transportation overhead;
           (d) division overhead; and
           (e) motor pool expenses.
           (10) "State inmate" means an individual, other than a state probationary inmate or state
 parole inmate, who is committed to the custody of the department.
           (11) "State parole inmate" means an individual who is:
           (a) on parole, as defined in Section 77-27-1; and
           (b) housed in a county [jail] correctional facility for a reason related to the individual's
 parole.
           (12) "State probationary inmate" means a felony probationer sentenced to time in a
 county [jail] correctional facility under Subsection 77-18-105(6).
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        S.B. 114                                                                         Enrolled Copy
        (13) "Treatment program" means:
        (a) an alcohol treatment program;
        (b) a substance abuse treatment program;
        (c) a sex offender treatment program; or
        (d) an alternative treatment program.
        Section 3. Section 64-13e-103 is amended to read:
        64-13e-103. County correctional facility contracting program for state inmates --
 Payments -- Reporting -- Contracts.
        (1) Subject to Subsection (6), the department may contract with a county to house state
 inmates in a county [or other] correctional facility.
        (2) The department shall give preference for placement of state inmates, over private
 entities, to county correctional facility bed spaces for which the department has contracted
 under Subsection (1).
        (3) (a) The compensation rate for housing state inmates pursuant to a contract
 described in Subsection (1) shall be:
        (i) except as provided in Subsection (3)(a)(ii), [83.19%] 84% of the [actual] state daily
 incarceration rate for [beds] a county correctional facility bed space in a county that, pursuant
 to the contract, [are] is dedicated to a treatment program for state inmates, if the treatment
 program is approved by the department under Subsection (3)(c);
        (ii) [74.18%] 75% of the [actual] state daily incarceration rate for [beds] a county
 correctional facility bed space in a county that, pursuant to the contract, [are] is dedicated to an
 alternative treatment program for state inmates, if the alternative treatment program is
 approved by the department under Subsection (3)(c); and
        (iii) [66.23%] 70% of the [actual] state daily incarceration rate for [beds] a county
 correctional facility bed space in a county other than the [beds] bed spaces described in
 Subsections (3)(a)(i) and (ii).
        (b) The department shall:
        (i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
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        Enrolled Copy                                                                            S.B. 114
 Rulemaking Act, that establish standards that a treatment program is required to meet before
 the treatment program is considered for approval for the purpose of a county receiving payment
 based on the rate described in Subsection (3)(a)(i) or (ii); and
         (ii) determine on an annual basis, based on appropriations made by the Legislature for
 the contracts described in this section, whether to approve a treatment program that meets the
 standards established under Subsection (3)(b)(i), for the purpose of a county receiving payment
 based on the rate described in Subsection (3)(a)(i) or (ii).
         (c) The department may not approve a treatment program for the purpose of a county
 receiving payment based on the rate described in Subsection (3)(a)(i) or (ii), unless:
         (i) the program meets the standards established under Subsection (3)(b)(i); and
         [(ii) the department determines that the Legislature has appropriated sufficient funds
 to:]
         [(A) pay the county that provides the treatment program at the rate described in
 Subsection (3)(a)(i) or (ii); and]
         [(B) pay each county that does not provide a treatment program an amount per state
 inmate that is not less than the amount per state inmate received for the preceding fiscal year by
 a county that did not provide a treatment program; and]
         [(iii)] (ii) the department determines that the treatment program is needed by the
 department at the location where the treatment program will be provided.
         (d) (i) The department shall annually:
         (A) collect information from each county described in Subsection (1) regarding the
 treatment programs for state inmates offered by the county;
         (B) evaluate, review, and audit the results of each treatment program on state inmate
 recidivism and other relevant metrics; and
         (C) on or before November 30, report the results of the information described in
 Subsection (3)(d)(i)(B) to the Executive Offices and Criminal Justice Appropriations
 Subcommittee.
         (ii) The depa