(1) Subject to Subsection (6), the department may contract with a county to house state inmates in a county correctional facility.
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Terms Used In Utah Code 64-13e-103

  • Alternative treatment program: means :
         (1)(a) an evidence-based cognitive behavioral therapy program; or
         (1)(b) a certificate-based program provided by:
              (1)(b)(i) an institution of higher education described in Subsection 53B-1-102(1)(b); or
              (1)(b)(ii) a degree-granting institution acting in the degree-granting institution's technical education role described in Section 53B-2a-201. See Utah Code 64-13e-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Corrections, created in Section 64-13-2. See Utah Code 64-13e-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • 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:
         (11)(a) executive overhead;
         (11)(b) administrative overhead;
         (11)(c) transportation overhead;
         (11)(d) division overhead; and
         (11)(e) motor pool expenses. See Utah Code 64-13e-102
  • State inmate: means an individual, other than a state probationary inmate or state parole inmate, who is committed to the custody of the department. See Utah Code 64-13e-102
  • Treatment program: means :
         (15)(a) an alcohol treatment program;
         (15)(b) a substance abuse treatment program;
         (15)(c) a sex offender treatment program; or
         (15)(d) an alternative treatment program. See Utah Code 64-13e-102
(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)

     (3)(a) The compensation rate for housing state inmates pursuant to a contract described in Subsection (1) shall be:

          (3)(a)(i) except as provided in Subsection (3)(a)(ii), 84% of the state daily incarceration rate for a county correctional facility bed space in a county that, pursuant to the contract, is dedicated to a treatment program for state inmates, if the treatment program is approved by the department under Subsection (3)(c);
          (3)(a)(ii) 75% of the state daily incarceration rate for a county correctional facility bed space in a county that, pursuant to the contract, 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
          (3)(a)(iii) 70% of the state daily incarceration rate for a county correctional facility bed space in a county other than the bed spaces described in Subsections (3)(a)(i) and (ii).
     (3)(b) The department shall:

          (3)(b)(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
          (3)(b)(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).
     (3)(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:

          (3)(c)(i) the program meets the standards established under Subsection (3)(b)(i); and
          (3)(c)(ii) the department determines that the treatment program is needed by the department at the location where the treatment program will be provided.
     (3)(d)

          (3)(d)(i) The department shall annually:

               (3)(d)(i)(A) collect information from each county described in Subsection (1) regarding the treatment programs for state inmates offered by the county;
               (3)(d)(i)(B) evaluate, review, and audit the results of each treatment program on state inmate recidivism and other relevant metrics; and
               (3)(d)(i)(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.
          (3)(d)(ii) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the provisions of Subsection (3)(d)(i).
(4)

     (4)(a) Compensation to a county for state inmates incarcerated under this section shall be made by the department.
     (4)(b) Funds from the County Correctional Facility Contracting Reserve Program may be used only once existing annual appropriated funds for the fiscal year have been exhausted.
(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:

     (5)(a) the number of state inmates the county housed under this section;
     (5)(b) the total number of state inmate days of incarceration that were provided by the county; and
     (5)(c) the information required under Subsection (3)(d)(i)(A).
(6) Except as provided under Subsection (7), the department may not enter into a contract with a county as described under Subsection (1), unless:

     (6)(a) beginning July 1, 2023, the county correctional facility within the county is in compliance with the reporting requirements described in Subsection 17-22-32(2); and
     (6)(b) the Legislature has previously passed a joint resolution that includes the following information regarding the proposed contract:

          (6)(b)(i) the approximate number of beds to be contracted;
          (6)(b)(ii) the approximate amount of the county’s long-term debt; and
          (6)(b)(iii) 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.

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