64-13e-104 - Housing of state probationary inmates or state parole inmates -- Payment.
64-13e-104. Housing of state probationary inmates or state parole inmates --Payment.
(1) (a) A county shall accept and house a state probationary inmate or a state paroleinmate in a county correctional facility, subject to available resources.
(b) If a county is unable to accept a person due to lack of resources, the county shallnegotiate with another county to accept and house the person.
(2) Within funds appropriated by the Legislature for this purpose, the Division ofFinance shall pay a county that houses a state probationary inmate or a state parole inmate at arate of 50% of the final state daily incarceration rate.
(3) Funds appropriated by the Legislature under Subsection (2):
(a) are nonlapsing;
(b) may only be used for the purposes described in Subsection (2); and
(c) may not be used for:
(i) the costs of administering the payment described in this section; or
(ii) payment of contract costs under Section 64-13e-103.
(4) The costs described in Subsection (3)(c)(i) shall be covered by legislativeappropriation.
(5) (a) The Division of Finance shall administer the payment described in Subsection (2).
(b) In accordance with Subsection (9), CCJJ shall, by rule made pursuant to Title 63G,Chapter 3, Utah Administrative Rulemaking Act, establish procedures for the calculation of thepayment described in Subsection (2).
(c) Notwithstanding any other provision of this section, CCJJ shall adjust the amount ofthe payments described in Subsection (7)(b), on a pro rata basis, to ensure that the total amountof the payments made does not exceed the amount appropriated by the Legislature for thepayments.
(6) Counties that receive the payment described in Subsection (2) shall, on at least amonthly basis, submit a report to CCJJ that includes:
(a) the number of state probationary inmates and state parole inmates the county housedunder this section; and
(b) the total number of state probationary inmate days of incarceration and state paroleinmate days of incarceration that were provided by the county.
(7) (a) On or before September 1 of each year, CCJJ shall compile the information fromthe reports described in Subsection (6) that relate to the preceding state fiscal year and provide acopy of the compilation to each county that submitted a report.
(b) On or before September 30 of each year, CCJJ shall inform the Division of Financeand each county of the exact amount of the payment described in this section that shall be madeto each county.
(8) On or before December 15 of each year, the Division of Finance shall distribute thepayment described in Subsection (7)(b) in a single payment to each county.
(9) The amount paid to each county under Subsection (8) shall be calculated on a pro ratabasis, based on the number of state probationary inmate days of incarceration and state paroleinmate days of incarceration that were provided by each county for the preceding state fiscal year.
Amended by Chapter 56, 2009 General Session