DAR File No. 28975

[ 09/15/2006 Bulletin Table of Contents / Bulletin Page ]

Corrections, Administration

R251-113

Distribution of Reimbursement for the Felony Probation Inmate Costs Reimbursement Program/Fund

NOTICE OF PROPOSED RULE

DAR File No.: 28975
Filed: 08/29/2006, 11:22
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Jail funding amendments (S.B. 50) were made by Utah State Legislature during 2006 General Session. (DAR NOTE: S.B. 50 (2006) is found at Chapter 29, Laws of Utah 2006, and was effective 07/01/2006.)

Summary of the rule or change:

The Legislature changed the way the reimbursement rates were computed by adding capital infrastructure depreciation and other conditions.

State statutory or constitutional authorization for this rule:

Section 64-13c-301 et seq., and Subsection 64-13c-303(1)(b) and 64-13c-101(1)

Anticipated cost or savings to:

the state budget:

There will be no aggregate cost or savings to the State budget because all monies in the program are appropriated by the Legislature. These rule changes pertain only to their disbursement to contracting counties, and do not affect the appropriation amount.

local governments:

The aggregate cost or savings to the counties which contract with the state will depend on their individual accounting methods used to compile the jail housing costs submitted for reimbursement. The counties were already submitting costs prior to these rule changes, but additional factors are now applicable, and may require additional expense to compute.

other persons:

There is no cost or savings to other persons or businesses. The appropriated monies reimburse counties for housing state prisoners in county facilities. Only the Department of Corrections and the contracting counties are involved.

Compliance costs for affected persons:

The aggregate cost or savings to the counties which contract with the state will depend on their individual accounting methods used to compile the jail housing costs submitted for reimbursement. The counties were already submitting costs prior to these rule changes, but additional factors are now applicable, and may require additional expense to compute.

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

This rule amendment will not have a direct fiscal impact on businesses. Scott V. Carver, Executive Director

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:

Gary Ogilvie at the above address, by phone at 801-545-5514, by FAX at 801-545-5523, or by Internet E-mail at 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:

10/16/2006

This rule may become effective on:

10/23/2006

Authorized by:

Scott V. Carver, Executive Director

RULE TEXT

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.[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 and from the General Session 2006, SB-50, Jail Funding Amendments.

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]Department.

(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, and may include capital infrastructure depreciation.

(a) [This]Core Rate is also the "single-reimbursement-rate" as provided in Section 64-13c-302.

(b) [This]Core Rate does not include costs of inmate transportation services or medical care; nor programming for felony probationers.

(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, [and ]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 Probationer.

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

(2) the 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 costsand shall be called the "Core Rate";

(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 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 are:

(a) the core rate;

(b) county medical costs; and

(c) county transportation costs.

R251-113-4. County Information Requirement.

(1) On or before [the first Friday in March]April 15, each county shall provide the Department with the following 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]felony 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 inmate[s] days.

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

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 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 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 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.

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) [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.]Fund reimbursement is limited by the following conditions:

([3]a) "Credit for Time Served" [is not eligible for ]reimbursement[. 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 effect.

(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.

([4]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 of incarceration.

(3) The fund may provide reimbursement for the following situations:

(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 77-18-1(2)(a).

(e) Back billings or late billings, when new felons have been found, may be reimbursed only within the same fiscal year period.

(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 information:

(i) name,

(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 done monthly.

(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 shortfall.

([2]3) The Department shall also notify each participating county jail that the fund will be short.

([3]4) At the point the Department realizes[If] the fund shall fall[s] short, [of being able to cover the core rate ]the department shall collect all billings against the fund and hold them until the end of the current fiscal year. At [that time]the end of the current fiscal year, the remaining funds shall be dispersed at an equal percentage across all participating counties.

KEY: county jails, reimbursement

Date of Enactment or Last Substantive Amendment: [November 9, 2004]2006

Notice of Continuation: July 13, 2005

Authorizing, and Implemented or Interpreted Law: 64-13-303

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Gary Ogilvie at the above address, by phone at 801-545-5514, by FAX at 801-545-5523, or by Internet E-mail at 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.

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