Utah Code 64-13e-104. County correctional facility reimbursement program for state probationary inmates and state parole inmates — Payments
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(1) A county may receive reimbursement from the state for the county’s eligible bed days as described in this section.
Terms Used In Utah Code 64-13e-104
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Commission: means the State Commission on Criminal and Juvenile Justice, created in Section
63M-7-201 . See Utah Code 64-13e-102 - Contract: A legal written agreement that becomes binding when signed.
- Division: means the Division of Finance, created in Section
63A-3-101 . 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.
- 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
(2) Within funds appropriated by the Legislature for the purpose described in Subsection (1), the division shall:
(2)(a) pay a county for the county’s eligible bed days at a rate of 50% of the state daily incarceration rate; and
(2)(b) administer the payments under this section.
(3) Funds appropriated by the Legislature under Subsection (2):
(3)(a) are nonlapsing;
(3)(b) may only be used for the purposes described in Subsection (2) ; and
(3)(c) may not be used for:
(3)(c)(i) the costs of administering the payment described in this section; or
(3)(c)(ii) payment of county correctional facility contract costs for state inmates under Section 64-13e-103 .
(4) The costs described in Subsection (3)(c)(i) shall be funded by legislative appropriation.
(5) The commission may adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, rules to administer this section, including establishing requirements and procedures for collecting data from counties for the purpose of completing the calculations described in this section.
(6) Each county that receives the payment described in Subsection (2) shall submit a report to the commission in accordance with the requirements established by the commission.
(7)
(7)(a) On or before September 30 of each year, the commission shall:
(7)(a)(i) compile the information from the reports described in Subsection (6) that relate to the preceding state fiscal year and provide a copy of the compilation to each county that submitted a report; and
(7)(a)(ii) calculate:
(7)(a)(ii)(A) the eligible bed days for each county; and
(7)(a)(ii)(B) the amount owed to each county based on the county’s eligible bed days in accordance with Subsection (2).
(7)(b) On or before October 15 of each year, the commission shall inform the division and each county ofthe exact amount of the payment described in this section that shall be made to each county.
(8)
(8)(a) On or before December 15 of each year, the division shall distribute the payment described in Subsection (7)(b) in a single payment to each county.
(8)(b) Funds from the Jail Reimbursement Reserve Program may be used only once existing annual appropriated funds for the fiscal year have been exhausted.