Governor, Criminal and Juvenile Justice (State Commission on)

Rule R356-1

Procedures for the Calculation and Distribution of Funds to Reimburse County Correctional Facilities Housing State Probationary Inmates or State Parole Inmates

Notice of Proposed Rule

(Amendment)

DAR File No.: 36141
Filed: 05/01/2012 03:04:11 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Recent changes in legislation necessitate changes to the rule. Also, discussions between state agencies and sheriffs' offices have identified information that will facilitate the reimbursement process.

Summary of the rule or change:

Pursuant to recent legislative changes, the amended rule specifies that jail reimbursements are made based on the average number of inmate days for the preceding five fiscal years. The amended rule also adds additional data elements that will expedite the reimbursement process.

State statutory or constitutional authorization for this rule:

• Section 64-13e-104

Anticipated cost or savings to:

the state budget:

These amendments will have no cost or savings to the state budget. The formula for distribution of funds will change to a five-year average according to state statute. However, the amendments will not change the amount of funds distributed.

local governments:

Because the distribution formula is changing to a five-year average pursuant to state statute, the amounts distributed to each county will change. Some counties will receive more and some counties will receive less than they would have received under the old formula.

small businesses:

These amendments will not result in costs or savings to small businesses. Small businesses do not request funds under this rule.

persons other than small businesses, businesses, or local governmental entities:

These amendments will not result in costs or savings to other persons because no other persons are directly affected by this rule.

Compliance costs for affected persons:

The Utah Department of Corrections and Counties requesting reimbursement will be required to provide additional data with their reimbursement request. The amount of time necessary to obtain and provide this data will be minimal and will not result in quantifiable costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule impacts the Utah Department of Corrections and county governments. It does not impact businesses and will have no fiscal impact on businesses.

Ronald B. Gordon, Jr., Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Governor
Criminal and Juvenile Justice (State Commission on)
Room Suite 330 Senate Building
State Capitol Complex
420 N State Street
Salt Lake City, UT 84114

Direct questions regarding this rule to:

• Ronald Gordon at the above address, by phone at 801-538-1432, by FAX at 801-538-1024, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2012

This rule may become effective on:

06/21/2012

Authorized by:

Ronald Gordon, Executive Director

R356. Governor, Criminal and Juvenile Justice (State Commission on).

R356-1. Procedures for the Calculation and Distribution of Funds to Reimburse County Correctional Facilities Housing State Probationary Inmates or State Parole Inmates.

R356-1-1. Authority and Purpose.

(1) This rule is authorized in accordance with Subsection 64-13e-104(5)(b).

(2) The purpose of this rule is to establish procedures to reimburse counties for incarcerating state probationary inmates or state parole inmates and to determine the rate at which the counties shall be reimbursed.

 

R356-1-2. Definitions.

In addition to terms defined in Section 64-13e-102:

(1) "Total Inmate Days" means the total number of eligible probationary and state parole inmate incarceration days.

(2) "Business Day" means Monday through Friday excluding holidays.

 

R356-1-3. Conditions for Reimbursement of State Probationary Inmates.

Counties shall be eligible for reimbursement for days served in county correctional facilities under the following conditions:

(1) The inmate has been convicted of a felony, and as a condition of probation, has been sentenced to a county correctional facility for a period not exceeding one year. The reimbursement period will begin with the sentencing date.

(2) Days served under Subsection 1 which are eligible for reimbursement may include:

(a) Consecutive felony probation jail sentences, pursuant to Section 76-3-401;

(b) The inmate is sentenced by the courts to a county correctional facility following a violation of felony probation (Order to Show Cause). If the inmate's probation has been terminated it must be reinstated for the county to be eligible for reimbursement;

(c) The inmate is sentenced by the courts to a county correctional facility after a court has formally entered a guilty plea that had been held in abeyance as a conviction.

 

R356-1-4. Conditions Not Eligible for Reimbursement of State Probationary Inmates.

Counties are not eligible for reimbursement for incarcerating inmates in the following circumstances:

(1) Time served in a county correctional facility prior to sentencing, notwithstanding an order from the court for credit for time served;

(2) Time served in a county correctional facility following an unsuccessful termination of probation;

(3) Time served in a county correctional facility under a Plea in Abeyance agreement prior to the entering of the guilty plea as a conviction in the case;

(4) Time served on a felony probation sentence outside a correctional facility on electronic monitoring;

(5) Time served in a county correctional facility on a federal Immigration and Customs Enforcement hold beyond the number of days sentenced to jail by the Courts, even if probation is still in effect;

(6) Time served in a county correctional facility under the jurisdiction of the Juvenile Court;

(7) Time served in a county correctional facility on a probationary 3-day hold.

 

R356-1-5. Conditions for Reimbursement of State Parole Inmates.

(1) Counties shall be eligible for reimbursement for days served in county correctional facilities by state parole inmates when the inmate is being held on a 3-day hold issued by the Board of Pardons and Parole.

(2) Counties shall be reimbursed for state parole inmates on a 3-day hold for up to 3 business days plus weekends and holidays for a maximum of 6 days of reimbursement per 3 day hold.

 

R356-1-6. Monthly Billing Invoices.

(1) Counties requesting reimbursement for incarcerating state probationary inmates or state parole inmates shall submit, on a monthly basis, the following information in the format specified below in an MS Excel file to CCJJ:

(a) Inmate name (last, first, middle initial);

[(b) Court case number(s) authorizing jail as a condition of probation;

] (b) Inmate date of birth (mm/dd/yyyy);

(c) Sentencing date (mm/dd/yyyy);

(d) Court case number(s) authorizing jail as a condition of probation;

(e) Court location identified by Originating Agency Identifier;

(f) Name of judge assigned to case;

(g) Whether the requested reimbursement is for a 72 hour hold;

(h) UDC offender number if the requested reimbursement is for a 72 hour hold;

[(d)](i) Incarceration start date (mm/dd/yyyy);

[(e)](j) Release date from correctional facility (mm/dd/yyyy);

(k) Length (number of days) of court-ordered sentence;

[(f) Total number of state inmates (probation and parole) for which the county is requesting reimbursement; and

] [(g)](l) Total number of state probationary inmate days of incarceration and total number of state parole inmate days of incarceration for which the county is requesting reimbursement ; and

(m) Total number of state inmates (probation and parole) for which the county is requesting reimbursement.

(2) Counties shall be reimbursed for all inmate incarceration days (felony probation and felony parole) beginning on the first day of incarceration after sentencing (day of sentencing shall be included), but never the last day of incarceration (day of release). Counties incarcerating inmates beyond eligible sentence days shall only be reimbursed for those days the inmate was eligible for reimbursement.

(3) Monthly billing invoices shall be submitted to CCJJ by the 10th business day of each month unless prior approval has been authorized by the Executive Director of CCJJ or designee. Invoices shall be submitted by email to the following email address: [email protected].

(4) CCJJ shall audit each billing invoice for accuracy, using Utah State Courts X-Change program and Department of Corrections Otrack-Ftrack data systems to verify information. When necessary, CCJJ shall contact the correctional facility or sentencing court to verify accuracy of information.

(5) Back billings or late billings are eligible for reimbursement within the same fiscal year period. The 10th business day of August shall be the final day to submit late billings for the previous fiscal year.

(6) For each monthly billing invoice submitted, CCJJ shall return to the county:

(a) An approval sheet listing total inmate days of incarceration submitted to the Division of Finance for reimbursement; and

(b) A copy of the original billing invoice with any corrections that were made to the original billing.

(7) CCJJ may request counties to submit additional information regarding inmate booking and release when necessary to complete invoice audits.

 

R356-1-7. Calculation of Payments to Counties for Reimbursement for Housing State Probationary Inmates and State Parole Inmates.

To ensure compliance with Subsection 64-13e-104(5)(c), CCJJ shall prepare two calculations of payment for counties. CCJJ shall determine which calculation to use based upon funds appropriated by the Legislature for payment.

(1) When funds appropriated by the Legislature are sufficient to reimburse counties at a rate of 50% of the final daily incarceration rate for the preceding fiscal year established pursuant to Section 64-13e-105, the Division of Finance shall reimburse each county that houses a state probationary inmate or state parole inmate at a rate of 50% of the state daily incarceration rate multiplied by the [total]average inmate days of incarceration established in the Administrative Rule Section R356-1-6 for the preceding five fiscal [year]years.

(2) When funds appropriated by the Legislature are not sufficient to reimburse counties under Subsection 64-13e-104(2), each county that houses a state probationary inmate or state parole inmate shall be reimbursed by a rate calculated on a pro rata basis, based on the total inmate days of incarceration that were approved for each county for the preceding five fiscal [year]years. The funds appropriated by the legislature will be divided by the total of inmate days of incarceration of all counties during the previous five years to establish a pro rata rate. Each county shall be reimbursed by multiplying the pro rata rate established under this subsection by the total inmate days of incarceration for each county established in this Administrative Rule Section R356-1-6 for the preceding five fiscal [year]years.

 

KEY: jail reimbursement, state probationary inmates, state parole inmates

Date of Enactment or Last Substantive Amendment: [January 4, 2010]2012

Authorizing, and Implemented or Interpreted Law: 64-13e-104