Bill Summary – FastDemocracy

Enrolled Copy                                                                          S.B. 236
         JAIL CONTRACTING AND REIMBURSEMENT AMENDMENTS
                                      2020 GENERAL SESSION
                                           STATE OF UTAH
                              Chief Sponsor: Jacob L. Anderegg
                               House Sponsor: Eric K. Hutchings
 6
 LONG TITLE
 General Description:
        This bill modifies provisions related to jail contract and reimbursement rates.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < modifies the formula used to calculate the rate at which the state pays a correctional
 facility for housing state inmates under various circumstances; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        64-13e-102, as last amended by Laws of Utah 2018, Chapter 374
        64-13e-103, as last amended by Laws of Utah 2018, Chapters 250 and 374
        64-13e-104, as last amended by Laws of Utah 2015, Chapters 412 and 425
        64-13e-105, as last amended by Laws of Utah 2014, Chapter 436
 ENACTS:
        64-13e-103.1, Utah Code Annotated 1953
28
 Be it enacted by the Legislature of the state of Utah:
       S.B. 236                                                                         Enrolled Copy
        Section 1. 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 Section
 64-13e-104(6)(b).
        [(1)] (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
 [actual expenses of] following expenses incurred by the department[, including] for housing an
 inmate:
        (a) executive overhead;
        (b) administrative overhead;
        (c) transportation overhead;
        (d) division overhead; and
        (e) motor pool expenses[;].
        [(f) medical expenses;]
        [(g) mental health expenses;]
        [(h) dental expenses;]
        [(i) straight line capital depreciation, over a 40-year period, for prison facilities of the
 department; and]
        [(j) expenses for treatment, including substance abuse treatment, alcohol abuse
 treatment, sex offender treatment, and alternative treatment.]
        [(2)] (3) "Alternative treatment" means:
        (a) evidence-based cognitive behavioral therapy; or
        (b) a certificate-based program provided by a Utah technical college, as defined in
 Subsection 53B-26-102(8).
        (4) "Annual inmate jail days" means the total number of state probationary inmates
 housed in a county jail each day for the preceding fiscal year.
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      Enrolled Copy                                                                            S.B. 236
        [(3)] (5) "CCJJ" means the Utah Commission on Criminal and Juvenile Justice, created
 in Section 63M-7-201.
        [(4)] (6) "Department" means the Department of Corrections.
        [(5)] (7) "Division of Finance" means the Division of Finance, created in Section
 63A-3-101.
        [(6) "Final state daily incarceration rate" means the average actual state daily
 incarceration rate, calculated, reviewed, and discussed under Section 64-13e-105, and approved
 by the Legislature under Subsection 64-13e-105(3).]
        (8) "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) "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.
        [(7)] (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.
        [(8)] (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 for a reason related to the individual's parole.
        [(9)] (12) "State probationary inmate" means a felony probationer sentenced to time in
 a county jail under Subsection 77-18-1(8).
        [(10)] (13) "Treatment program" means:
        (a) an alcohol treatment program;
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        S.B. 236                                                                         Enrolled Copy
        (b) a substance abuse treatment program;
        (c) a sex offender treatment program; or
        (d) an alternative treatment program.
        Section 2. Section 64-13e-103 is amended to read:
        64-13e-103. Contracts for housing state inmates.
        (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), [91.75%] 83.19% of the [final] actual
 state daily incarceration rate for beds in a county that, pursuant to the contract, are dedicated to
 a treatment program for state inmates, if the treatment program is approved by the department
 under Subsection (3)(c);
        (ii) [81% of the final] 74.18% of the actual state daily incarceration rate for beds in a
 county that, pursuant to the contract, are 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) [73% of the final] 66.23% of the actual state daily incarceration rate for beds in a
 county other than the beds described in Subsections (3)(a)(i) and (ii).
        (b) The department shall:
        (i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
 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
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        Enrolled Copy                                                                             S.B. 236
 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);
           (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) the department determines that the treatment program is needed by the department
 at the location where the treatment program will be provided.
           (4) Compensation to a county for state inmates incarcerated under this section shall be
 made by the department.
           (5) Counties that contract with the department under Subsection (1) shall, on or before
 June 30 of each year, submit a report to the department that includes:
           (a) the number of state inmates the county housed under this section; and
           (b) the total number of state inmate days of incarceration that were provided by the
 county.
           (6) Except as provided under Subsection (7), the department may not enter into a
 contract described under Subsection (1), unless the Legislature has previously passed a joint
 resolution that includes the following information regarding the proposed contract:
           (a) the approximate number of beds to be contracted;
           [(b) the final state daily incarceration rate;]
           (b) the daily rate at which the county is paid to house a state inmate;
           (c) the approximate amount of the county's long-term debt; and
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        S.B. 236                                                                        Enrolled Copy
         (d) the repayment time of the debt for the facility where the inmates are to be housed.
         (7) The department may enter into a contract with a county government to house
 inmates without complying with the approval process described in Subsection (6) only if the
 county facility was under construction, or already in existence, on March 16, 2001.
         (8) Any resolution passed by the Legislature under Subsection (6) does not bind or
 obligate the Legislature or the department regarding the proposed contract.
         Section 3. Section 64-13e-103.1 is enacted to read:
         64-13e-103.1. Calculating the actual state incarceration rate.
         (1) Before September 15 of each year, the department shall calculate, and inform each
 county and CCJJ of the actual state daily incarceration rate.
         (2) The actual state daily incarceration rate may not be less than the rate presented to
 the Executive Appropriations Committee of the Legislature for purposes of setting the
 appropriation for the department's budget.
         Section 4. Section 64-13e-104 is amended to read:
         64-13e-104. Housing of state probationary inmates or state parole inmates --
 Payments.
         (1) (a) A county shall accept and house a state probationary inmate or a state parole
 inmate in a county correctional facility, subject to available resources.
         (b) A county may release a number of inmates from a county correctional facility, but
 not to exceed the number of state probationary inmates in excess of the number of inmates
 funded by the appropriation authorized in Subsection (2) if:
         (i) the state does not fully comply with the provisions of Subsection (9) for the most
 current fiscal year; or
         (ii) funds appropriated by the Legislature for this purpose are less than 50% of the
 [average actual state] actual county daily incarceration rate.
         (2) Within funds appropriated by the Legislature for this purpose, the Division of
 Finance shall pay a county that houses a state probationary inmate or a state parole inmate at a
 rate of [50% of the final state] 56.88% of the actual county daily incarceration rate.
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        Enrolled Copy                                                                           S.B. 236
        (3) Funds appropriated by the Legislature under Subsection (2):
        (a) are nonlapsing;
        (b) may only be used for the purposes described in Subsection (2) and Subsection (10);
 and
        (c) may not be used for:
        (i) the costs of administering the payment described in this section; or
        (ii) payment of contract costs under Section 64-13e-103.
        (4) The costs described in Subsection (3)(c)(i) shall be covered by legislative
 appropriation.
        (5) (a) The Division of Finance shall administer the payment described in Subsection
 (2) and Subsection (10).
        (b) In accordance with Subsection (9), CCJJ shall, by rule made pursuant to Title 63G,
 Chapter 3, Utah Administrative Rulemaking Act, establish procedures for [the calculation of
 the payment described in Subsection (2) and Subsection (10)] collecting data from counties for
 the purpose of completing the calculations described in this section.
        (c) Notwithstanding any other provision of this section, CCJJ shall adjust the amount
 of the payments described in Subsection (7)(b), on a pro rata basis, to ensure that the total
 amount of the payments made does not exceed the amount appropriated by the Legislature for
 the payments.
        (6) [Counties that receive] Each county that receives the payment described in
 Subsection (2) and Subsection (10) shall[,]:
        (a) on at least a monthly basis, submit a report to CCJJ that includes:
        [(a)] (i) the number of state probationary inmates and state parole inmates the county
 housed under this section;
        [(b)] (ii) the total number of state probationary inmate days of incarceration and state
 parole inmate days of incarceration that were provided by the county;
        [(c)] (iii) the total number of offenders housed pursuant to Subsection 64-13-21(2)(b);
 and
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        S.B. 236                                                                           Enrolled Copy
        [(d)] (iv) the total number of days of incarceration of offenders housed pursuant to
 Subsection 64-13-21(2)(b)[.]; and
        (b) before September 15 of every third year beginning in 2022, calculate and inform
 CCJJ of the county's jail daily incarceration costs for the preceding fiscal year.
        (7) (a) On or before September 30 of each year, CCJJ shall:
        (i) compile the information from the reports described in Subsection (6)(a) that relate
 to the preceding state fiscal year and provide a copy of the compilation to each county that
 submitted a report[.]; and
        (ii) calculate:
        (A) the actual county incarceration rate, based on the most recent year that data was
 reported in accordance with Subsection (6)(b); and
        (B) the final county incarceration rate.
        (b) On or before October 15 of each year, CCJJ shall inform the Division of Finance
 and each county of:
        (i) the actual county incarceration rate;
        (ii) the final county incarceration rate; and
        (iii) the exact amount of the payment described in this section that shall be made to
 each county.
        (8) On or before December 15 of each year, the Division of Finance shall distribute the
 payment described in Subsection (7)(b) in a single payment to each county.
        (9) (a) The amount paid to each county under Subsection (8) shall be calculated on a
 pro rata basis, based on the average number of state probationary inmate days of incarceration
 and the average state parole inmate days of incarceration that were provided by each county for
 the preceding five state fiscal years; and
        (b) if funds are available, the total number of days of incarceration of offenders housed
 pursuant to Subsection 64-13-21(2)(b).
        (10) If funds appropriated under Subsection (2) remain after payments are made
 pursuant to Subsection (8), the Division of Finance shall pay a county that houses in its jail a
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        Enrolled Copy                                                                             S.B. 236
 person convicted of a felony who is on probation or parole and who is incarcerated pursuant to
 Subsection 64-13-21(2)(b) on a pro rata basis not to exceed 50% of the [final state] actual
 county daily incarceration rate.
        Section 5. Section 64-13e-105 is amended to read:
        64-13e-105. Meeting to discuss daily incarceration rates.
        [(1) (a) Before September 15 of each year, the department shall calculate, and inform
 the counties and CCJJ of the average actual state daily incarceration rate for the most recent
 three years for which the data is available.]
        [(b) The actual state daily incarceration rates used to calculate the average rate
 described in Subsection (1)(a) may not be less than the rates presented to the Executive
 Appropriations Committee of the Legislature for purposes of setting the appropriation for the
 department's budget.]
        [(2)] (1) Before September 30 of each year, [the following parties] the individuals
 described in Subsection (2) shall meet to review and discuss:
        (a) the [average] actual state daily incarceration rate, described in [Subsection (1) and]
 Section 64-13e-103.5;
        (b) the actual county daily incarceration