Regular rulemaking procedures would cause an imminent peril to the public health, safety, or welfare; and cause an imminent budget reduction because of budget restraints or federal requirements; and place the agency in violation of federal or state law.

Justification:This rule dictates how dollars are to be spent in order to incarcerate and treat inmates in the various state-contracted county jails.It dictates how a county achieves and maintains "programming bed" status and how different rates are set forth depending on programming vs. non-programming bed status.There are public safety implications due to the nature of incarceration, inmate management, and treatment.There are budget implications since this implements the expenditures authorized by the legislature to fund jail contracting beds.There is state law calling for this rule to specify how programming rates and determinations are to be implemented.