No. 39964 (Amendment): Rule R356-1. Procedures for the Calculation and Distribution of Funds to Reimburse County Correctional Facilities Housing State Probationary Inmates or State Parole Inmates

(Amendment)

DAR File No.: 39964
Filed: 11/27/2015 01:28:54 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes to the rule incorporate changes to statute outlined in H.B. 348 (2015 General Session).

Summary of the rule or change:

Changes include: conditions for reimbursement of felony offenders sanctioned in response to an individual's violation of terms of probation or parole; changes to monthly billing invoices; and calculation of payments to counties for reimbursement for housing state probationary inmates and state parole inmates.

State statutory or constitutional authorization for this rule:

• Sections 64-13e-101 through 64-13e-105

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings because of this rule. The counties and CCJJ all realized that counties could lose jail reimbursement money as a result of H.B. 348 (2015) if the bill results in more drug offenders being charged with a misdemeanor instead of a felony. To counter this, the Department agreed to amend the jail reimbursement law to require that any jail reimbursement fund remaining after all COP bed days have been compensated will go to counties as reimbursement to the one to three day jail stays by probationers and parolees.

local governments:

There are no anticipated costs or savings because of this rule. The counties and CCJJ all realized that counties could lose jail reimbursement money as a result of H.B. 348 (2015) if the bill results in more drug offenders being charged with a misdemeanor instead of a felony. To counter this, the Department agreed to amend the jail reimbursement law to require that any jail reimbursement fund remaining after all COP bed days have been compensated will go to counties as reimbursement to the one to three day jail stays by probationers and parolees.

small businesses:

There are no anticipated costs or savings because of this rule. The counties and CCJJ all realized that counties could lose jail reimbursement money as a result of H.B. 348 (2015) if the bill results in more drug offenders being charged with a misdemeanor instead of a felony. To counter this, the Department agreed to mend the jail reimbursement law to require that any jail reimbursement fund remaining after all COP bed days have been compensated will go to counties as reimbursement to the one to three day jail stays by probationers and parolees.

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

There are no anticipated costs or savings because of this rule. The counties and CCJJ all realized that counties could lose jail reimbursement money as a result of H.B. 348 (2015) if the bill results in more drug offenders being charged with a misdemeanor instead of a felony. To counter this, the Department agreed to mend the jail reimbursement law to require that any jail reimbursement fund remaining after all COP bed days have been compensated will go to counties as reimbursement to the one to three day jail stays by probationers and parolees.

Compliance costs for affected persons:

There are no anticipated costs because of this rule. The counties and CCJJ all realized that counties could lose jail reimbursement money as a result of H.B. 348 (2015) if the bill results in more drug offenders being charged with a misdemeanor instead of a felony. To counter this, the Department agreed to amend the jail reimbursement law to require that any jail reimbursement fund remaining after all COP bed days have been compensated will go to counties as reimbursement to the one to three day jail stays by probationers and parolees.

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

This rule has no effect on businesses.

Ron 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)
Room Suite 330 Senate Building
State Capitol Complex
420 N State Street
Salt Lake City, UT 84114

Direct questions regarding this rule to:

• Clair Webster at the above address, by phone at 801-538-1047, by FAX at , or by Internet E-mail at [e-mail]

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:

01/14/2016

This rule may become effective on:

01/21/2016

Authorized by:

Ronald Gordon, Executive Director

RULE TEXT

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. Conditions for Reimbursement of Felony Offenders Sanctioned in Response to an Individual's Violation of Terms of Probation or Parole.

(1) Counties may be eligible for reimbursement for time spent by inmates in a county correctional facility as a sanction for a violation of the terms of probation or parole as ordered by the court or the Board of Pardons and Parole.

(2) Reimbursement shall not exceed three consecutive days and shall not exceed five days within a period of 30 days.

 

R356-1-7. 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) 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;

(i) Incarceration start date (mm/dd/yyyy);

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

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

(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.

(n) Total number of felony offenders housed pursuant to Subsection 64-13-21(2)(b); and

(o) Total number of days of incarceration of felony offenders housed pursuant to Subsection 64-13-21(2)(b).

(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: [e-mail].

(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 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]8 . 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 average inmate days of incarceration established in the Administrative Rule Section R356-1-6 for the preceding five fiscal 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 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 years.

(3) If funds appropriated under Subsection 64-13e-104(2) remain after payments are made pursuant to Subsection 64-13e-104(8), the Division of Finance shall pay a county that houses in its jail a person convicted of a felony who is on probation or parole and who is incarcerated pursuant to Subsection 64-13-21(2)(b) on a pro rata basis not to exceed 50% of the final state daily incarceration rate.

 

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

Date of Enactment or Last Substantive Amendment: [November 4, 2015]2016

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

 

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