Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                            S.B. 48
Approved for Filing: J. Rogers 6                          1st Sub. (Green)
          6 02-27-24 9:41 PM 6
                 Representative Jefferson S. Burton proposes the following substitute bill:
           COUNTY CORRECTIONAL FACILITY REIMBURSEMENT
                                           AMENDMENTS
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                               Chief Sponsor: Derrin R. Owens
                               House Sponsor: Jefferson S. Burton
 7
 LONG TITLE
 General Description:
        This bill concerns county correctional facility reimbursement.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < amends provisions concerning county correctional facility reimbursement for state
 probationary inmates and state parole inmates;
        < amends provisions concerning the Subcommittee on County Correctional Facility
 Contracting and Reimbursement, including reporting requirements; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None                                                                                  1st Sub. S.B. 48
 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
        63A-16-1002, as last amended by Laws of Utah 2023, Chapters 158, 161, 382, and 448
     *SB0048S01*
       1st Sub. (Green) S.B. 48                                                    02-27-24 9:41 PM
        63I-2-263, as last amended by Laws of Utah 2023, Chapters 33, 139, 212, 354, and 530
        63I-2-264, as last amended by Laws of Utah 2021, Chapter 366
        63J-1-602.2 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 33,
 34, 134, 139, 180, 212, 246, 310, 330, 345, 354, and 534
        64-13e-102, as last amended by Laws of Utah 2023, Chapter 246
        64-13e-103.1, as last amended by Laws of Utah 2023, Chapter 246
        64-13e-104, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
        64-13e-105, as last amended by Laws of Utah 2023, Chapter 246
 REPEALS:
        64-13e-103.2, as last amended by Laws of Utah 2023, Chapter 246
36
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 63A-16-1002 is amended to read:
        63A-16-1002. Criminal and juvenile justice database.
        (1) The commission shall oversee the creation and management of a criminal and
 juvenile justice database for information and data required to be reported to the commission,
 organized by county, and accessible to all criminal justice agencies in the state.
        (2) The division shall assist with the development and management of the database.
        (3) The division, in collaboration with the commission, shall create:
        (a) master standards and formats for information submitted to the database;
        (b) a portal, bridge, website, or other method for reporting entities to provide the
 information;
        (c) a master data management index or system to assist in the retrieval of information
 in the database;
        (d) a protocol for accessing information in the database that complies with state
 privacy regulations; and
        (e) a protocol for real-time audit capability of all data accessed through the portal by
 participating data source, data use entities, and regulators.
        (4) Each criminal justice agency charged with reporting information to the commission
 shall provide the data or information to the database in a form prescribed by the commission.
        (5) The database shall be the repository for the statutorily required data described in:
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      02-27-24 9:41 PM                                                    1st Sub. (Green) S.B. 48
        (a) Section 13-53-111, recidivism reporting requirements;
        (b) Section 17-22-32, county jail reporting requirements;
        (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
        (d) Section 41-6a-511, courts to collect and maintain data;
        (e) Section 53-23-101, reporting requirements for reverse-location warrants;
        (f) Section 53-24-102, sexual assault offense reporting requirements for law
 enforcement agencies;
        (g) Section 63M-7-214, law enforcement agency grant reporting;
        (h) Section 63M-7-216, prosecutorial data collection;
        (i) Section 64-13-21, supervision of sentenced offenders placed in community;
        (j) Section 64-13-25, standards for programs;
        (k) Section 64-13-45, department reporting requirements;
        (l) Section 64-13e-104, [housing of] county correctional facility reimbursement
 program for state probationary inmates [or] and state parole inmates;
        (m) Section 77-7-8.5, use of tactical groups;
        (n) Section 77-11b-404, forfeiture reporting requirements;
        (o) Section 77-20-103, release data requirements;
        (p) Section 77-22-2.5, court orders for criminal investigations;
        (q) Section 78A-2-109.5, court demographics reporting;
        (r) Section 80-6-104, data collection on offenses committed by minors; and
        (s) any other statutes which require the collection of specific data and the reporting of
 that data to the commission.
        (6) The commission shall report:
        (a) progress on the database, including creation, configuration, and data entered, to the
 Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
        (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
 Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
 Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
 Committee not later than January 16, 2023.
        Section 2. Section 63I-2-263 is amended to read:
        63I-2-263. Repeal dates: Title 63A to Title 63N.
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       1st Sub. (Green) S.B. 48                                                  02-27-24 9:41 PM
        (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
 Procurement Advisory Council is repealed July 1, 2025.
        (2) Section 63A-17-303 is repealed July 1, 2023.
        (3) Section 63A-17-806 is repealed June 30, 2026.
        (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
 Commission is repealed July 1, 2023.
        (5) Section 63H-7a-303 is repealed July 1, 2024.
        (6) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public safety
 communications network, is repealed July 1, 2033.
        (7) Subsection [63J-1-602.2(45)] 63J-1-602.2(46), which lists appropriations to the
 State Tax Commission for property tax deferral reimbursements, is repealed July 1, 2027.
        (8) Subsection 63N-2-213(12)(a), relating to claiming a tax credit in the same taxable
 year as the targeted business income tax credit, is repealed December 31, 2024.
        (9) Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an Enterprise
 Zone, is repealed December 31, 2024.
        Section 3. Section 63I-2-264 is amended to read:
        63I-2-264. Repeal dates: Title 64.
        [(1) Section 64-13e-103.2 is repealed June 30, 2024.]
        Section 4. Section 63J-1-602.2 (Effective 07/01/24) is amended to read:
        63J-1-602.2 (Effective 07/01/24). List of nonlapsing appropriations to programs.
        Appropriations made to the following programs are nonlapsing:
        (1) The Legislature and the Legislature's committees.
        (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 Rangeland Improvement Act created in Section 4-20-101.
        (4) The Percent-for-Art Program created in Section 9-6-404.
        (5) The LeRay McAllister Working Farm and Ranch Fund created in Section 4-46-301.
        (6) The Utah Lake Authority created in Section 11-65-201.
        (7) Dedicated credits accrued to the Utah Marriage Commission as provided under
 Subsection 17-16-21(2)(d)(ii).
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       02-27-24 9:41 PM                                                   1st Sub. (Green) S.B. 48
        (8) The Wildlife Land and Water Acquisition Program created in Section 23A-6-205.
        (9) Sanctions collected as dedicated credits from Medicaid providers under Subsection
 26B-3-108(7).
        (10) The primary care grant program created in Section 26B-4-310.
        (11) The Opiate Overdose Outreach Pilot Program created in Section 26B-4-512.
        (12) The Utah Health Care Workforce Financial Assistance Program created in Section
 26B-4-702.
        (13) The Rural Physician Loan Repayment Program created in Section 26B-4-703.
        (14) The Utah Medical Education Council for the:
        (a) administration of the Utah Medical Education Program created in Section
 26B-4-707;
        (b) provision of medical residency grants described in Section 26B-4-711; and
        (c) provision of the forensic psychiatric fellowship grant described in Section
 26B-4-712.
        (15) The Division of Services for People with Disabilities, as provided in Section
 26B-6-402.
        (16) Funds that the Department of Alcoholic Beverage Services retains in accordance
 with Subsection 32B-2-301(8)(a) or (b).
        (17) The General Assistance program administered by the Department of Workforce
 Services, as provided in Section 35A-3-401.
        (18) The Utah National Guard, created in Title 39A, National Guard and Militia Act.
        (19) The Search and Rescue Financial Assistance Program, as provided in Section
 53-2a-1102.
        (20) The Emergency Medical Services Grant Program in Section 53-2d-207.
        (21) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
        (22) The Utah Board of Higher Education for teacher preparation programs, as
 provided in Section 53B-6-104.
        (23) Innovation grants under Section 53G-10-608, except as provided in Subsection
 53G-10-608(6).
        (24) The Division of Fleet Operations for the purpose of upgrading underground
 storage tanks under Section 63A-9-401.
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        1st Sub. (Green) S.B. 48                                                 02-27-24 9:41 PM
        (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 State Capitol Preservation Board created by Section 63C-9-201.
        (28) The Office of Administrative Rules for publishing, as provided in Section
 63G-3-402.
        (29) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
 Colorado River Authority of Utah Act.
        (30) 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.
        (31) 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.
        (32) County correctional facility contracting program for state inmates as described in
 Section 64-13e-103.
        (33) County correctional facility reimbursement program for state probationary inmates
 and state parole inmates as described in Section 64-13e-104.
        [(33)] (34) Programs for the Jordan River Recreation Area as described in Section
 65A-2-8.
        [(34)] (35) The Division of Human Resource Management user training program, as
 provided in Section 63A-17-106.
        [(35)] (36) A public safety answering point's emergency telecommunications service
 fund, as provided in Section 69-2-301.
        [(36)] (37) The Traffic Noise Abatement Program created in Section 72-6-112.
        [(37)] (38) 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.
        [(38)] (39) The Judicial Council for compensation for special prosecutors, as provided
 in Section 77-10a-19.
        [(39)] (40) A state rehabilitative employment program, as provided in Section
 78A-6-210.
        [(40)] (41) The Utah Geological Survey, as provided in Section 79-3-401.
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        02-27-24 9:41 PM                                                    1st Sub. (Green) S.B. 48
        [(41)] (42) The Bonneville Shoreline Trail Program created under Section 79-5-503.
        [(42)] (43) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
 and 78B-6-144.5.
        [(43)] (44) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
 Defense Commission.
        [(44)] (45) 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.
        [(45)] (46) The State Tax Commission for reimbursing counties for deferred property
 taxes in accordance with Section 59-2-1802.5.
        [(46)] (47) The Veterinarian Education Loan Repayment Program created in Section
 4-2-902.
        Section 5. Section 64-13e-102 is amended to read:
        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 Subsection
 64-13e-104(6)(b).]
        [(2)] (1) "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.
        [(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.]
        [(4)] (2) ["CCJJ"] "Board" means the Board of Pardons and Parole.
        (3) "Commission" means the State Commission on Criminal and Juvenile Justice,
 created in Section 63M-7-201.
        (4) (a) "Condition of probation day" means a day spent by a state probationary inmate
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        1st Sub. (Green) S.B. 48                                                     02-27-24 9:41 PM
 in a county correctional facility as a condition of probation.
        (b) "Condition of probation day" includes a day spent by a state probationary inmate in
 a county correctional facility:
        (i) after the date of sentencing;
        (ii) before the date of sentencing, if a court orders that the state probationary inmate
 shall receive credit for time served in a county correctional facility before the date of
 sentencing;
        (iii) as a condition of an original order of probation; and
        (iv) as a condition of a new order of probation after a prior revocation of probation.
        (c) "Condition of probation day" does not include a day spent by a state probationary
 inmate in a county correctional facility:
        (i) as a probation sanction day;
        (ii) after the state probationary inmate has spent 365 consecutive dates in a county
 correctional facility for a single order of probation;
        (iii) as a condition of a plea in abeyance agreement if a conviction has not been
 entered;
        (iv) on a hold instituted by the federal Immigration and Customs Enforcement Agency
 of the United States Department of Homeland Security; or
        (v) after the termination of probation if the state probationary inmate is:
        (A) sentenced to prison; or
        (B) eligible for release.
        (5) "Department" means the Department of Corrections, created in Section 64-13-2.
        (6) "Division [of Finance]" means the Division of Finance, created in Section
 63A-3-101.
        (7) (a) "Eligible bed day" means a day spent by a state probationary inmate or a state
 parole inmate in a county correctional facility that is eligible for reimbursement under Section
 64-13e-104.
        (b) "Eligible bed day" includes:
        (i) a condition of probation day;
        (ii) a parole hold day;
        (iii) a parole sanction day; and
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        02-27-24 9:41 PM                                                    1st Sub. (Green) S.B. 48
        (iv) a probation sanction day.
        (8) (a) "Parole hold day" means a