No. 36292 (New Rule): Rule R251-115. Contract County Jail Programming Payment

(New Rule)

DAR File No.: 36292
Filed: 05/30/2012 03:27:04 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The department is proposing this rule as a result of H.B. 153, County Correctional Facilities Funding, passed during the 2011 General Legislative Session. Within Section 64-13e-103, language was added requiring the department to establish a rule related to contract funding rates paid to county jails that provide programming services to state inmates housed in the jail facility.

Summary of the rule or change:

This rule outlines the procedures, requirements, and standards for the qualification and payment of 73% of the final state daily incarceration rate paid for by the department for approved programs for state inmates housed at contract jail facilities as funds are appropriated.

State statutory or constitutional authorization for this rule:

• Section 64-13e-103

Anticipated cost or savings to:

the state budget:

This rule, and the associated statute, provides for payment at higher rate to contract county jail facilities that provide programming, approved by the department, to state inmates. Funding at this higher rate is at the discretion of the legislature via appropriations. If funding is not allocated, the higher rate cannot be paid.

local governments:

If funding is allocated by the legislature for jail contracting and if the county engages in a contract with the State of Utah for the housing and approved programming of state inmates, the county may therefore be benefited. Assessing the benefit to the county will be a condition of the counties operations and their respective costs to provide housing and programming services to state inmates. Therefore only the county governments will be able to access the value of this rule against their budgets and operations.

small businesses:

Does not apply--This could only be determined at the county level through the county contracting for services. This is not determined by the state.

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

Does not apply--This could only be determined at the county level through the county contracting for services. This is not determined by the state.

Compliance costs for affected persons:

There are no compliance costs associated. If funds are available and appropriated, the higher payment rate would be paid where applicable.

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

This rule will not have a fiscal impact on businesses. The rule allows for funds, if available, to flow to contract county jails that provide department-approved programming to state inmates. It is conceivable there would be a positive impact on businesses if the contract county jail contracts with the private vendors to provide approved programming.

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
Administration
14717 S MINUTEMAN DR
DRAPER, UT 84020-9549

Direct questions regarding this rule to:

• Greg Peay at the above address, by phone at 801-201-6052, by FAX at 801-545-5572, 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:

07/16/2012

This rule may become effective on:

07/23/2012

Authorized by:

Thomas Patterson, Executive Director

RULE TEXT

R251. Corrections, Administration.

R251-115. Contract County Jail Programming Payment.

R251-115-1. Authority and Purpose.

(1) This rule is authorized under Sections 64-13e-103(3)(b)(i) and 64-13-10 of the Utah Code.

(2) The purpose of this rule is to provide policy, procedures, requirements and standards for the qualification and payment of 73% of the final state daily incarceration rate paid for Utah Department of Corrections approved programs for state inmates housed at contract jail facilities as funds are appropriated.

 

R251-115-2. Definitions.

(1) "contract state inmate" means an inmate who has been sentenced to the Utah Department of Corrections and is transferred to a contracted county jail facility for housing.

(2) "BOPP" means the Utah Board of Pardons and Parole.

(3) "DOPL" means the Division of Occupational and Professional Licensing.

(4) "final state daily incarceration rate" as defined by Section 64-13e-102(5) of the Utah Code.

(5) "IPP" means the Inmate Placement Program within the Utah Department of Corrections.

(6) "screening committee" means Utah Department of Corrections employees assigned to screen inmate-specific treatment and continuing care programs for validity and department need.

(7) "UDC/department" means the Utah Department of Corrections.

 

R251-115-3. Programming Rate.

(1) Payment for UDC approved and legislatively funded substance abuse or sex offender programs in contract county facilities is pursuant to Section 64-13e-103 of the Utah Code. Establishing this rate is dependent upon the following conditions being met:

(a) the 73% rate will only be paid for beds dedicated for department approved treatment. If a contract county jail includes a mix of treatment and non-treatment beds, 73% will be paid for the beds dedicated to treatment and 70% will be paid for the beds not dedicated to treatment.

(b) the department has sufficient funds appropriated to pay this rate for those beds in contract county facilities for department approved program services; and

(c) the department can pay this programming rate without impacting the total number of contract county jail beds the department can access during the fiscal year.

 

R251-115-4. Program Requirements and Standards.

(1) The following is the information that must be submitted to the department from a provider requesting consideration/approval for payment to provide a substance abuse or sex offender program at a contract county facility:

(a) evidence the program therapist(s) hold a valid license through DOPL to provide treatment in a mental health profession in the State of Utah;

(b) documentation of program goals, objectives, curriculum outline and performance measures;

(c) a copy of any assessment instruments that will be used;

(d) the number of inmates anticipated to participate in program services at any given time; and

(e) the screening criteria requirements for inmates to enroll and participate.

(2) Pursuant to Section 64-13e-103 of the Utah Code, the program must be approved by the department, and approval is subject to the funds appropriated by the legislature.

(3) The department screening committee shall evaluate the information provided by a provider to determine its viability to assist the department in meeting its programming goals, based on the needs of the current inmate population.

 

R251-115-5. Program Provider Requirements.

(1) Potential providers for substance abuse or sex offender programs in contract county facilities shall:

(a) hold a valid license through DOPL to provide treatment in a mental health profession in the State of Utah;

(b) be pre-approved by the department if providing sex offender treatment;

(c) adhere to the requirements as outlined by the laws of the State of Utah and department policy

(d) appear in court or BOPP hearings, when there is reasonable notification, as needed without additional compensation; and

(e) provide reports as needed by the courts, BOPP or the department.

(2) County jail providers of sex offender treatment shall be in compliance with the UDC approved sex offender treatment program. Detailed structure/criteria of the UDC sex offender treatment program will be made available to county jail providers upon request. Approved county jail sex offender treatment programs shall be subject to at least yearly peer reviews from the department's Sex Offender Treatment Program Director or designee.

(3) County jail providers of substance abuse treatment shall be in compliance with the UDC approved substance abuse treatment program. Detailed structure/criteria of the UDC substance abuse treatment program will be made available to county jail providers upon request. Approved county jail substance abuse treatment programs shall be subject to at least yearly peer reviews from the department's Substance Abuse Treatment Program Director or designee or by a representative from the Division of Substance Abuse and Mental Health.

 

R251-115-6. Program Compliance Review Process.

(1) UDC peer reviews shall be conducted at least yearly to review compliance with the UDC approved program curriculum and treatment protocols in accordance with the UDC sex offender treatment program or UDC substance abuse treatment program. Reviews shall include, but are not limited to:

(a) intake documents;

(b) discharge summaries;

(c) group and individual session notes; and

(d) confidential notes.

(2) A report showing the result of the peer review will be submitted in writing to the jail commander within ten (10) working days of the review.

(3) If any noncompliance is cited, the jail commander shall have ten(10) working days after receiving the report to submit a written plan to bring the program into compliance or to begin the appeal process.

 

R251-115-7. Program Noncompliance Appeal Process.

(1) The jail commander shall have ten (10) working days to submit a written plan to bring the program into compliance

(a) after receiving the result of the peer review citing noncompliance; or

(b) after a final decision is made on an appeal.

(2) The following is the appeal process for noncompliance:

(a) Within ten (10) working days of receiving the report, the jail commander may appeal any cited noncompliance to the Director of IPP.

(b) The Director of IPP has five (5) working days after receiving the written plan or appeal to review, make a determination and inform the jail commander in writing of the noncompliance status.

(c) If the Director of IPP denies the appeal or rejects the written plan, the jail commander may appeal the decision in writing to the UDC Programming Director within five (5) working days of receiving the response from the Director of IPP.

(d) The UDC Programming Director has five (5) working days after receipt of the appeal from the jail commander to review and respond in writing to the jail commander with a copy of the response provided to the sheriff.

(e) Should the contract facility sheriff not be satisfied with the findings and response the jail commander has received after utilizing the two (2) level review/appeal process, the sheriff may request a review by the Executive Director of Corrections. This request shall:

(i) be in writing and be made within ten (10) working days of receipt of the decision received from the UDC Programming Director; and

(ii) specify why the responses provided in the first two (2) levels did not remedy the request.

(f) The Executive Director of Corrections has ten (10) working days to review the request from the sheriff and provide a final decision to the appeal. A copy of the Executive Director's decision will be distributed as appropriate.

 

R251-115-8. Program Appropriated Funds: Notice of Funding.

(1) Projections for the 73% contract county facility programming funding shall be evaluated by UDC monthly by using the previous month's payments, the current month's billings, the remaining appropriated funds and the department's programming needs.

(2) The UDC shall notify each participating contract county facility if all appropriated funds have been expended.

(3) If the department projects these funds will be exhausted during the following month, those funds remaining shall be dispersed proportionally across all participating contract county facilities.

 

KEY: jail programming, jail contracting

Date of Enactment or Last Substantive Amendment: 2012

Authorizing, and Implemented or Interpreted Law: 64-13e-102

 

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