DAR File No. 27416

Corrections, Administration

R251-113

Distribution of Reimbursement from the Inmate Costs Reimbursement Program

NOTICE OF PROPOSED RULE

DAR File No.: 27416
Filed: 09/09/2004, 02:47
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendments to this rule serve the purpose of clarifying the statutes and explaining the procedures for handling fund shortfall.

Summary of the rule or change:

The term "fund" was defined for clarification of the monies allocated by the Legislature. A statement was included to include the approval of the new reimbursement rate before implementation. This statement was included for clarification and emphasis of the statute. Notification and disbursement procedures for handling a projected shortfall were also included in the amendments.

State statutory or constitutional authorization for this rule:

Sections 64-13c-101, 64-13c-201, 64-13c-301 through 64-13c-304, and 64-13c-401

Anticipated cost or savings to:

the state budget:

The nonlapsing funds for this program are appropriated from the Legislature. The program monies will be spent within this appropriated amount. Therefore, there will be no cost or savings to the state budget.

local governments:

The nonlapsing funds for this program are appropriated from the Legislature. The program monies will be spent within this appropriated amount. Therefore, there will be no cost or savings to local government.

other persons:

The nonlapsing funds for this program are appropriated from the Legislature. The program monies will be spent within this appropriated amount. Therefore, there will be no cost or savings to other persons.

Compliance costs for affected persons:

The nonlapsing funds for this program are appropriated from the Legislature. The program monies will be spent within this appropriated amount. Therefore, there will be no compliance costs for affected persons.

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

This rule change will have no fiscal impact on businesses.

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

Direct questions regarding this rule to:

Ginny L Duncan or Gary Ogilvie at the above address, by phone at 801-545-5722 or 801-545-5514, by FAX at 801-545-5523 or 801-545-5523, or by Internet E-mail at gduncan@utah.gov or gogilvie@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:

11/01/2004

This rule may become effective on:

11/02/2004

Authorized by:

Scott V. Carver, Executive Director (Acting)

RULE TEXT

R251. Corrections, Administration.

R251-113. Distribution of Reimbursement [from]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 reimbursement from the program.

(3) As required by legislative intent language from the General Session 2004, Senate Bill SB-1, Jail Reimbursement, lines 322-334.

R251-113-2. Definitions.

In addition to terms defined in Section 64-13c-101,

(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 UDC.

[(1)](2) "Core inmate incarceration costs (Core Rate)" means the county correctional facility's jails direct costs of incarcerating an inmate, including housing, feeding, clothing, and programming. This is also the "single-reimbursement-rate" as provided in Section 64-13c-302. This does not include costs of inmate transportation services or medical care; nor programming for felony probationers.

[(2)](3) "Credit for Time Served" means time served in jail prior to judgement, sentence, and commitment.

[(3)](4) "Current expenses" means the actual costs of jail salaries, benefits, food, clothing, maintenance, and utilities 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 Probationer.

[(4)](7) "Transportation cost" means mileage rate, salary and benefit costs of the transporting officer(s) expended during the most recent budget year.

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; the meeting of the committee will take place prior to July 1 of each year and after the information is gathered from the counties.

[(1)](2) the [Utah Sheriff's Association and the Department]Rate Setting Committee as outlined in 64-13c-302 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";

[(2)](3) each county shall negotiate directly with the Department to establish appropriate reimbursement rates for the providing of transportation services and medical care for inmates housed under Section 64-13c-201, including F[f]elony P[p]robationers committed to a county [correctional facility]jail;

[(3)](4) the three parts of the setting reimbursement rate are:

(a) the core rate[inmate incarceration costs];

(b) county medical costs; and

(c) county transportation costs.[; and

(4) the counties shall be eligible to be reimbursed amounts that reflect:

(a) the core inmate incarceration cost for contract state prison inmates; or

(b) the core inmate incarceration cost plus medical and transportation costs for inmates sentenced under a condition of probation.]

R251-113-4. County Information Requirement.

(1) On or before the first Friday in March, each county shall provide the Department with budget expenditure information covering the most recent full County Fiscal Year ending on December 31st of each year:

(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 inmates and number of "inmate-days" for:

(i) the number of state-contract inmates;

(ii) the condition-of-probation inmates;

(iii) the number of all other county inmates, including all other inmates within the facility not already listed;

(iv) the number of federal inmates;

(v) the number of electronically monitored inmates; and

(vi) the number of total inmates.

(2) The Department may audit the information received by each county as necessary.

R251-113-5. Computation of Reimbursement Rates.

(1) A single core[reimbursement] rate shall be used as the basis for all counties as the rate for cost-recovery of housing state [prison ]inmates.

(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 rate.

(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 ["core" ]county rate shall be calculated to reflect medical and transportation expenses incurred by each county.[

(a)] This separate [core]county rate will be computed by:

(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.[totaling the information received from all counties which are categorized as total inmate days and total medical and transportation costs, and by dividing the total medical and transportation costs by the total inmate days.

(b) This calculated separate core rate for medical and transportation for each county shall then be added to the "single" reimbursement rate for counties housing inmates sentenced under a condition of probation.

(c) These two rates shall be considered as the total amount eligible for reimbursement to a county.]

R251-113-6. Payment for Condition of Probation Inmates.

(1) The fund may[Each county shall be eligible to be] reimburse[d] each county at seventy percent of the [single]core reimbursement rate established by the Rate Setting Committee and approved by the Legislature.[plus the individual county rates established for medical and transportation.]

(2) If funds permit it is the intent of the Legislature for the Department to reimburse county rates related to transportation and/or medical care of felony probation inmates sentenced to a county jail from the fund up to the rate of seventy percent. The medical and transportation rate for each county may be calculated and reimbursed at different rates.

[(2)](3) "Credit for Time Served" is not eligible for reimbursement. Reimbursement can only be made beginning on the first day of incarceration after sentencing.

(4) 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.

R251-113-7. Notice of Fund Shortfall.

(1) 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 shortfall.

(2) The Department shall also notify each participating county jail that the fund will be short.

(3) If the fund falls short of being able to cover the core rate the department shall collect all billings against the fund and hold until the end of the fiscal year. At that time, the remaining funds shall be dispersed at an equal percentage across all participating counties.

KEY: county jails, reimbursement

[October 17, 2000]2004

64-13-303

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Ginny L Duncan or Gary Ogilvie at the above address, by phone at 801-545-5722 or 801-545-5514, by FAX at 801-545-5523 or 801-545-5523, or by Internet E-mail at gduncan@utah.gov or gogilvie@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.