File No. 34854
This rule was published in the June 15, 2011, issue (Vol. 2011, No. 12) of the Utah State Bulletin.
Distribution of Reimbursement for the Felony Probation Inmate Costs Reimbursement Program/Fund
Notice of Proposed Rule
DAR File No.: 34854
Filed: 05/19/2011 03:44:57 PM
Purpose of the rule or reason for the change:
The department is filing the rules pursuant to the business impact review. During this review, the department noted it no longer has rulemaking authority related to this rule, and no longer has statutory obligation to administer this program.
Summary of the rule or change:
During the 2008 Legislative Session, Section 64-13c-303 was amended transferring responsibility of this program to the Commission on Criminal and Juvenile Justice and the Division of Finance. Therefore, this rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Section 64-13-303
Anticipated cost or savings to:
the state budget:
There are no costs or savings to the state budget. The statutory change was effected in 2008 and responsibility was simply transferred to other state agencies.
There are no costs or savings to local governments. The statutory change was effected in 2008 and responsibility was simply transferred to other state agencies.
There are no costs or savings to small businesses. The statutory change was effected in 2008 and responsibility was simply transferred to other state agencies.
persons other than small businesses, businesses, or local governmental entities:
There are no costs or savings to other persons. The statutory change was effected in 2008 and responsibility was simply transferred to other state agencies.
Compliance costs for affected persons:
There are no compliance costs. The statutory change was effected in 2008 and responsibility was simply transferred to other state agencies.
Comments by the department head on the fiscal impact the rule may have on businesses:
This repeal has no fiscal impact on business. The funds for this program have not been impacted by this change and only involve state and local government.
Thomas Patterson, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Corrections
14717 S MINUTEMAN DR
DRAPER, UT 84020-9549
Direct questions regarding this rule to:
- Michael Haddon at the above address, by phone at 801-545-5913, by FAX at 801-545-5726, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
Thomas Patterson, Executive Director
R251. Corrections, Administration.
R251-113. Distribution of Reimbursement for the Felony
Probation Inmate Costs Reimbursement Program/Fund.
R251-113-1. Authority and Purpose. (1) This rule is provided in accordance with Section
64-13c-301, et seq.
(2) As required by Subsection 64-13c-303(1)(b), the
purpose of this rule is to establish procedures for the
distribution of appropriated monies received from the Utah State
legislature for the Jail Reimbursement Program.
(3) As required by legislative intent language from the
General Session 2004, Senate Bill SB-1, Jail Reimbursement, lines
322-334 and from the General Session 2006, SB-50, Jail Funding
R251-113-2. Definitions. In addition to terms defined in Section
(1) "Contract State Inmate" means an inmate who
has been sentenced to the Utah Department of Corrections and at
the pleasure of the Division of Institutional Operations (DIO) is
selected to complete all, or a portion of, their court ordered
incarceration in a county correctional facility under contract
with the Department.
(2) "Core inmate incarceration costs (Core
Rate)" means the county correctional facility's direct
costs of incarcerating an inmate, including housing, feeding,
clothing, programming, and may include capital infrastructure
(a) Core Rate is also the
"single-reimbursement-rate" as provided in Section
(b) Core Rate does not include costs of inmate
transportation services or medical care; nor programming for
(3) "Credit for Time Served" means time served
in jail prior to judgement, sentence, and commitment.
(4) "Current expenses" means the actual costs
of jail salaries, benefits, food, clothing, maintenance,
utilities, education, miscellaneous inmate expenses, and may
include capital infrastructure depreciation expended during the
most recent budget year.
(5) "Fund" means the monies allocated by the
legislature for the Felony Probation Inmate costs (Inmate Costs
Reimbursement Program) for the current fiscal year.
(6) "Felony Probation Inmate" means a person
who may serve a period of time, not to exceed one year in a
county jail designated by the department, after considering any
recommendation by the court as to which jail the court finds most
appropriate, as provided in 77-18-1-(8)(v) Felony
(7) "Transportation cost" means mileage rate,
salary and benefit costs of the transporting officer(s) expended,
which are not included under core rate costs during the most
recent budget year.
(8) "Capital Infrastructure Depreciation" means
building costs in excess of $5,000 including: roofing, paving,
HVAC systems, plumbing, structural repairs, and any repairs that
are depreciated. It does not include: vehicles, mowers, washers
and dryers, ovens and microwaves, dishwashers, landscaping,
computers, furniture, bedding, nor any capital expenditure under
$5,000 per item.
R251-113-3. Reimbursement Rates - General. Pursuant to Section 64-13c-302:
(1) the procedures for setting the rate will be followed
as written in the statute and will take place prior to July 1 of
each year after the information is gathered from each of the
(2) the Rate Setting Committee shall negotiate a single
reimbursement rate, applicable to all counties, which shall
consist of daily core inmate incarceration costs and shall be
called the "Core Rate";
(3) each county shall negotiate directly with the
Department to establish appropriate rates for the transportation
services and medical care for inmates housed, including Felony
Probationers committed to a county jail, but shall not be
reimbursed for said costs per SB50, Jail Funding Amendments,
General Session 2006;
(4) the three parts of the setting reimbursement rate
(a) the core rate;
(b) county medical costs; and
(c) county transportation costs.
R251-113-4. County Information Requirement. (1) On or before April 15, each county shall provide the
Department with the following budget expenditure information
covering the most recent full County Fiscal Year ending on
(a) the full costs and expenses required to operate the
jail for the current year;
(b) the cost of medical care provided to all inmates
housed in the jail for the current year;
(c) the cost of transportation services provided during
the current year; and
(d) the number of "inmate-days" for:
(i) state-contract inmates;
(ii) felony condition-of-probation inmates;
(iii) all other county inmates, including all other
inmates within the facility not already listed;
(iv) federal inmates;
(v) electronically monitored inmates; and
(vi) the number of total inmate days.
(2) The Department may audit the information received
from each county.
R251-113-5. Computation of Reimbursement Rates. (1) A single core rate shall be used as the basis for all
counties as the rate for cost-recovery of housing state
(a) It will be computed by taking a list of the total
information received from all counties, categorized as total
inmate days and total current expenses; and then taking
(b) total current expenses, which shall then be divided
by the total inmate days, resulting in a computed core
(c) This computed core rate shall be used as the single
reimbursement rate for all counties housing contract state prison
inmates during the year whether the inmate is a Contract State
Inmate or Felony Probation Inmate.
(2) In addition, a separate county rate shall be
calculated to reflect medical and transportation expenses
incurred by each county. This rate is required by Section
64-13c-101, but shall not be reimbursed pursuant to SB50, General
Session 2006. This separate county rate will be computed
(a) taking the total medical costs for each county and
dividing that total by the inmate days of each county, minus any
contract prisoner; and
(b) taking the total transportation cost for each county
and dividing that total by the inmate days for each county minus
any contract prisoners.
R251-113-6. Payment for Condition of Probation Inmates. (1) The fund may reimburse each county at seventy percent
of the core reimbursement rate established by the Rate Setting
Committee and approved by the Legislature.
(2) Fund reimbursement is limited by the following
(a) "Credit for Time Served" reimbursement can
only be made beginning on the first day of incarceration after
sentencing, less any credit for time served awarded by the
Courts, pursuant to 77-18-1(11a).
(b) "Probation Terminated Unsuccessful" is not
eligible for reimbursement because there is no probation
currently in place pursuant to 77-18-1(10).
(c) "Plea in Abeyance" is not eligible for
reimbursement as the conviction and sentencing have been
suspended pursuant to 77-18-1(2).
(d) "Electronic Monitoring" is not eligible for
reimbursement pursuant to 77-18-1(16).
(e) "3-Day Holds" are not eligible for
reimbursement because the felon is being incarcerated on a
probation violation, but no sentence has yet been rendered on the
Order to Show Cause.
(f) "Parole Violations" are not eligible for
reimbursement because the felon is being incarcerated on a parole
violation through the Board of Pardons.
(g) "Immigration and Customs Enforcement Holds"
are not eligible for reimbursement beyond the number of days
sentenced by the Courts, even if the probation is still in
(h) "Juvenile court Orders to Show Cause" are
not eligible for reimbursement even if the juvenile serves in a
correctional institution on probation because juveniles are
sentenced under Title 78, not Title 77.
(i) Counties shall not be eligible for reimbursement for
housing felony probation inmates who have been ordered by the
court to reimburse the county for the cost associated with their
incarceration whether ordered to pay a portion or the full costs
(3) The fund may provide reimbursement for the following
(a) "Orders to Show Cause" may be reimbursed
only when sentenced by the courts to a county correctional
facility, as a condition of probation. If the probation has been
revoked, it must be reinstated.
(b) Consecutive sentences may be reimbursed as ordered by
the courts, within the same court case or in different court
cases, as long as all criterion are met.
(c) "Drug Court" or "Mental Health
Court" cases may be reimbursed, once the case formerly
listed as Plea in Abeyance, has been formally sentenced to a
county correctional center as a condition of probation.
(d) "Probation" required in a condition of
probation court case may include formal or informal probation,
such as: Adult Parole and Probation, Court/Bench Probation, or
Contract Probation provided by an private entity per Subsection
(e) Back billings or late billings, when new felons have
been found, may be reimbursed only within the same fiscal year
(f) All inmate days will be reimbursed beginning on the
first day of incarceration after sentencing, but never the last
day. All inmates must be in their beds at 11:59 p.m. to be
eligible for reimbursement.
(g) All monthly billings require the following inmate
(ii) court case number,
(iii) sentencing date,
(iv) incarceration date,
(v) release date, and
(vi) total inmate days for the month.
R251-113-7. Notice of Fund Shortfall. (1) Projections for the jail reimbursement fund shall be
(2) Should it be projected that the appropriated fund
will be spent prior to the end of the fiscal year, the Department
shall notify the Legislative Fiscal Analyst Office in writing.
The report will explain the factors used to determine the
(3) The Department shall also notify each participating
county jail that the fund will be short.
(4) At the point the Department realizes the fund shall
fall short, the department shall collect all billings against the
fund and hold them until the end of the current fiscal year. At
the end of the current fiscal year, the remaining funds shall be
dispersed at an equal percentage across all participating
KEY: county jails, reimbursement
Date of Enactment or Last Substantive Amendment: October 24,
Notice of Continuation: August 30, 2006
Authorizing, and Implemented or Interpreted Law:
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For questions regarding the content or application of this rule, please contact Michael Haddon at the above address, by phone at 801-545-5913, by FAX at 801-545-5726, or by Internet E-mail at firstname.lastname@example.org.