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

(New Rule)

DAR File No.: 33073
Filed: 10/21/2009 09:58:23 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The passage of H.B 220 in the 2009 General Session amended Title 64, Chapter 13e, of the Utah Code regarding the payment and reimbursement to county correctional facilities for housing state inmates. Counties that previously submitted reports to the Department of Correction regarding the housing of state probationary inmates or state parole inmates for payment and reimbursement are now required to submit those reports to the Commission of Criminal and Juvenile Justice (CCJJ). CCJJ was given rulemaking authority, Subsection 64-13e-104(5)(b), to establish procedures for the calculation of payment and reimbursement to the counties. (DAR NOTE: H.B. 220 (2009) is found at Chapter 56, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

Prior to the passage of H.B 220 in the 2009 General Session, the Department of Corrections was responsible to administer the Jail Reimbursement Program and establish the conditions and procedures for payment to county correctional facilities for housing state probationary or state parole inmates. The new rule establishes the Commission of Criminal and Juvenile Justice (CCJJ) as the responsible agency to administer the Jail Reimbursement Program and establishes the conditions and procedures for payment to county correctional facilities for housing state probationary inmates or state parole inmates. The new rule also establishes the change requiring the Department of Corrections to make the payment to the counties to requiring the Division of Finance to make the payment.

State statutory or constitutional authorization for this rule:

• Subsection 64-13e-104(5)(b)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings impact with this proposed rule. The proposed rule establishes the administrative change regarding the payment and reimbursement to county correctional facilities for housing state probationary inmates or state parole inmates required from the Department of Corrections to the Commission on Criminal and Juvenile Justice and the Division of Finance as required by H. B. 220 of the 2009 General Session.

local governments:

There is no anticipated cost or savings impact on local governments. The proposed rule changes the administration of the jail payment and reimbursement program. The proposed rule change requires counties to submit the same reports to the Commission of Criminal and Juvenile Justice instead of the Department of Corrections.

small businesses:

There is no anticipated cost or saving impact on small businesses. The proposed rule changes the administration of the jail payment and reimbursement program. Small businesses are not involved in the housing of state probationary inmates or state parole inmates and therefore will not be impacted by this proposed rule.

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

There is no anticipated cost or savings to any other person. The proposed rule changes the administration of the jail payment and reimbursement program. Only county correctional facilities house state probationary inmates or state parole inmates, therefore other persons will not be impacted by this proposed rule.

Compliance costs for affected persons:

The proposed rule transfers the administration of the jail reimbursement program from the Department of Corrections to the Commission on Criminal and Juvenile Justice. There are no costs associated for compliance with this rule.

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

The rule establishes the procedure for the calculation and distribution of funds to counties for the housing of state probationary inmates or state parole inmates. County correctional facilities are the only entities that house state probationary or state parole inmates; there would be no fiscal impact on businesses.

Ronald B. Gordon, 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)
State Capitol Complex
420 N State Street
Salt Lake City, UT 84114

Direct questions regarding this rule to:

• David Loden at the above address, by phone at 801-538-1057, by FAX at 801-538-1024, or by Internet E-mail at dloden@utah.gov

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:

12/15/2009

This rule may become effective on:

01/07/2010

Authorized by:

David Loden, Program Specialist

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 to CCJJ:

(a) Inmate name;

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

(c) Sentencing date;

(d) Incarceration start date;

(e) Release date from correctional facility;

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

(g) 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.

(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.

(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 64-13-105, 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 inmate days of incarceration established in the Administrative Rule Section R356-1-6 for the preceding fiscal year.

(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 fiscal year. The funds appropriated by the legislature will be divided by the total of inmate days of incarceration of all counties 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 fiscal year.

 

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

Date of Enactment or Last Substantive Amendment: January 7, 2010

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