64-13e-103 - Contracts for housing state inmates.
64-13e-103. Contracts for housing state inmates.
(1) Subject to Subsection (6), the department may contract with a county to house stateinmates in a county or other correctional facility.
(2) The department shall give preference for placement of state inmates, over privateentities, to county correctional facility bed spaces for which the department has contracted underSubsection (1).
(3) The compensation rate for housing state inmates pursuant to a contract described inSubsection (1) shall be 70% of the final state daily incarceration rate.
(4) Compensation to a county for state inmates incarcerated under this section shall bemade by the department.
(5) Counties that contract with the department under Subsection (1) shall, on or beforeJune 30 of each year, submit a report to the department that includes:
(a) the number of state inmates the county housed under this section; and
(b) the total number of state inmate days of incarceration that were provided by thecounty.
(6) Except as provided under Subsection (7), the department may not enter into acontract described under Subsection (1), unless the Legislature has previously passed a jointresolution that includes the following information regarding the proposed contract:
(a) the approximate number of beds to be contracted;
(b) the final state daily incarceration rate;
(c) the approximate amount of the county's long-term debt; and
(d) the repayment time of the debt for the facility where the inmates are to be housed.
(7) The department may enter into a contract with a county government to house inmateswithout complying with the approval process described in Subsection (6) only if the countyfacility was under construction, or already in existence, on March 16, 2001.
(8) Any resolution passed by the Legislature under Subsection (6) does not bind orobligate the Legislature or the department regarding the proposed contract.
Amended by Chapter 188, 2008 General Session