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Inmate Placement Program

The inmate placement program works to place inmates in the best possible environment to meet their needs.

Utah Code

Utah Code 64-13ec
(State Reimbursement to County Correctional Facilities) is the statute defining the Inmate Costs Reimbursement Program, more commonly referred to as the Jail Reimbursement Program for Condition of Probation Inmates who are:
- Convicted of a felony,
- Committed to serve time in a county correctional facility,
- As a condition of probation.
This program is administered as a pass-through program by the Utah Department of Corrections. Funding is provided annually by the Utah State Legislature. This statute describes how a core rate is set yearly and approved or rejected by the Legislature. Monthly billings are then submitted by individual counties, are audited by the Department, and payments are then made to each county as allowed by statute.
Utah Code 77-18-1
(The Judgment) provides additional law, definitions, and methods for law enforcement agencies regarding adult offenses committed in the State. This statute also provides additional law for Jail Reimbursement Program issues, as referred to in Utah Code Title 64 – Chapter 13c.

Administrative Rule

R251-113
(Distribution of Reimbursement for the Felony Probation Inmate Costs Reimbursement Program/Fund) is the administrative rule further clarifying Utah Code Title 64 – Chapter 13c. The administrative rule is updated as necessary by the Department of Corrections. It provides specific information regarding the payment to Utah Counties for Jail Reimbursement and State Contract Inmates. It also describes, in detail, how the core Rate shall be set yearly and the specific conditions for which payment may or may not be reimbursed.

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Definitions.

As used in this chapter:

     (1) On a plea of guilty or no contest entered by a defendant in conjunction with a plea 
	  in abeyance agreement, the court may hold the plea in abeyance as provided in Title 77, 
	  Chapter 2a, Pleas in Abeyance, and under the terms of the plea in abeyance agreement.
     (2) (a) On a plea of guilty, guilty and mentally ill, no contest, or conviction of any crime 
	  or offense, the court may, after imposing sentence, suspend the execution of the sentence 
	  and place the defendant on probation. The court may place the defendant:
     (i) on probation under the supervision of the Department of Corrections except in cases of 
	  class C misdemeanors or infractions;
     (ii) on probation with an agency of local government or with a private organization; or
     (iii) on bench probation under the jurisdiction of the sentencing court.
     (b) (i) The legal custody of all probationers under the supervision of the department is with 
	  the department.
     (ii) The legal custody of all probationers under the jurisdiction of the sentencing court is 
	  vested as ordered by the court.
     (iii) The court has continuing jurisdiction over all probationers.
     (3) (a) The department shall establish supervision and presentence investigation standards for 
	  all individuals referred to the department. These standards shall be based on:
     (i) the type of offense;
     (ii) the demand for services;
     (iii) the availability of agency resources;
     (iv) the public safety; and
     (v) other criteria established by the department to determine what level of services shall be provided.
     (b) Proposed supervision and investigation standards shall be submitted to the Judicial Council and the 
	  Board of Pardons and Parole on an annual basis for review and comment prior to adoption by the department.
     (c) The Judicial Council and the department shall establish procedures to implement the supervision and 
	  investigation standards.
     (d) The Judicial Council and the department shall annually consider modifications to the standards based upon 
	  criteria in Subsection (3)(a) and other criteria as they consider appropriate.
     (e) The Judicial Council and the department shall annually prepare an impact report and submit it to the 
	  appropriate legislative appropriations subcommittee.
     (4) Notwithstanding other provisions of law, the department is not required to supervise the probation of 
	  persons convicted of class B or C misdemeanors or infractions or to conduct presentence investigation 
	  reports on class C misdemeanors or infractions. However, the department may supervise the probation of 
	  class B misdemeanants in accordance with department standards.
     (5) (a) Prior to the imposition of any sentence, the court may, with the concurrence of the defendant, continue 
	  the date for the imposition of sentence for a reasonable period of time for the purpose of obtaining a presentence 
	  investigation report from the department or information from other sources about the defendant.
	 (b) The presentence investigation report shall include a victim impact statement according to guidelines set in 
	      Section 77-38a-203 describing the effect of the crime on the victim and the victim's family.
	 (c) The presentence investigation report shall include a specific statement of pecuniary damages, accompanied 
	      by a recommendation from the department regarding the payment of restitution with interest by the defendant 
	      in accordance with Title 77, Chapter 38a, Crime Victims Restitution Act.
	 (d) The presentence investigation report shall include:
	    (i) findings from any screening and any assessment of the offender conducted under Section 77-18-1.1; and
	    (ii) recommendations for treatment of the offender.
	 (e) The contents of the presentence investigation report, including any diagnostic evaluation report ordered by 
	      the court under Section 76-3-404, are protected and are not available except by court order for purposes of 
	      sentencing as provided by rule of the Judicial Council or for use by the department.
    (6) (a) The department shall provide the presentence investigation report to the defendant's attorney, or the defendant 
	    if not represented by counsel, the prosecutor, and the court for review, three working days prior to sentencing. 
	    Any alleged inaccuracies in the presentence investigation report, which have not been resolved by the parties 
	    and the department prior to sentencing, shall be brought to the attention of the sentencing judge, and the judge 
	    may grant an additional ten working days to resolve the alleged inaccuracies of the report with the department. 
	    If after ten working days the inaccuracies cannot be resolved, the court shall make a determination of relevance 
	    and accuracy on the record.
	(b) If a party fails to challenge the accuracy of the presentence investigation report at the time of sentencing, 
	      that matter shall be considered to be waived.
    (7) At the time of sentence, the court shall receive any testimony, evidence, or information the defendant or the 
	  prosecuting attorney desires to present concerning the appropriate sentence. This testimony, evidence, or 
	  information shall be presented in open court on record and in the presence of the defendant.
    (8) While on probation, and as a condition of probation, the court may require that the defendant:
	(a) perform any or all of the following:
	  (i) pay, in one or several sums, any fine imposed at the time of being placed on probation;
	  (ii) pay amounts required under Title 77, Chapter 32a, Defense Costs;
	  (iii) provide for the support of others for whose support the defendant is legally liable;
	  (iv) participate in available treatment programs, including any treatment program in which the defendant is 
	    currently participating, if the program is acceptable to the court;
	  (v) serve a period of time, not to exceed one year, in a county jail designated by the department, after 
	    considering any recommendation by the court as to which jail the court finds most appropriate;
	  (vi) serve a term of home confinement, which may include the use of electronic monitoring;
	  (vii) participate in compensatory service restitution programs, including the compensatory service program 
	    provided in Section 76-6-107.1;
	  (viii) pay for the costs of investigation, probation, and treatment services;
	  (ix) make restitution or reparation to the victim or victims with interest in accordance with Title 77, 
	    Chapter 38a, Crime Victims Restitution Act; and
	  (x) comply with other terms and conditions the court considers appropriate; and
	(b) if convicted on or after May 5, 1997:
	  (i) complete high school classwork and obtain a high school graduation diploma, a GED certificate, or a 
	    vocational certificate at the defendant's own expense if the defendant has not received the diploma, 
	    GED certificate, or vocational certificate prior to being placed on probation; or
	  (ii) provide documentation of the inability to obtain one of the items listed in Subsection (8)(b)(i) because of:
	    (A) a diagnosed learning disability; or
	    (B) other justified cause.
     (9) The department shall collect and disburse the account receivable as defined by Section 76-3-201.1, with interest 
      and any other costs assessed under Section 64-13-21 during:
	  (a) the parole period and any extension of that period in accordance with Subsection 77-27-6(4); and
	  (b) the probation period in cases for which the court orders supervised probation and any extension of that period 
	    by the department in accordance with Subsection (10).
     (10) (a) (i) Probation may be terminated at any time at the discretion of the court or upon completion without violation 
      of 36 months probation in felony or class A misdemeanor cases, or 12 months in cases of class B or C misdemeanors or infractions.
	  (ii) (A) If, upon expiration or termination of the probation period under Subsection (10)(a)(i), there remains an 
	    unpaid balance upon the account receivable as defined in Section 76-3-201.1, the court may retain jurisdiction of the 
	    case and continue the defendant on bench probation for the limited purpose of enforcing the payment of the account receivable.
	    (B) In accordance with Section 77-18-6, the court shall record in the registry of civil judgments any unpaid balance not 
	    already recorded and immediately transfer responsibility to collect the account to the Office of State Debt Collection.
	    (iii) Upon motion of the Office of State Debt Collection, prosecutor, victim, or upon its own motion, the court may require the 
	    defendant to show cause why the defendant's failure to pay should not be treated as contempt of court.
	  (b) (i) The department shall notify the sentencing court, the Office of State Debt Collection, and the prosecuting attorney 
	  in writing in advance in all cases when termination of supervised probation will occur by law.
	    (ii) The notification shall include a probation progress report and complete report of details on outstanding accounts receivable.
    (11) (a) (i) Any time served by a probationer outside of confinement after having been charged with a probation violation and prior to a 
		  hearing to revoke probation does not constitute service of time toward the total probation term unless the probationer is 
		  exonerated at a hearing to revoke the probation.
	    (ii) Any time served in confinement awaiting a hearing or decision concerning revocation of probation does not constitute service 
		  of time toward the total probation term unless the probationer is exonerated at the hearing.
	  (b) The running of the probation period is tolled upon the filing of a violation report with
	      the court alleging a violation of the terms and conditions of probation or upon the issuance of an order to show cause or 
	      warrant by the court.
    (12) (a) (i) Probation may not be modified or extended except upon waiver of a hearing by the probationer or upon a hearing and a finding in 
		court that the probationer has violated the conditions of probation.
	    (ii) Probation may not be revoked except upon a hearing in court and a finding that the conditions of probation have been violated.
	 (b) (i) Upon the filing of an affidavit alleging with particularity facts asserted to constitute violation of the conditions of probation, 
	    the court that authorized probation shall determine if the affidavit establishes probable cause to believe that revocation, modification, 
	    or extension of probation is justified.
	    (ii) If the court determines there is probable cause, it shall cause to be served on the defendant a warrant for the defendant's arrest 
		  or a copy of the affidavit and an order to show cause why the defendant's probation should not be revoked, modified, or extended.
	 (c) (i) The order to show cause shall specify a time and place for the hearing and shall be served upon the defendant at least five days 
		prior to the hearing.
	    (ii) The defendant shall show good cause for a continuance.
	    (iii) The order to show cause shall inform the defendant of a right to be represented by counsel at the hearing and to have counsel 
		  appointed for him if the defendant is indigent.
	    (iv) The order shall also inform the defendant of a right to present evidence.
	 (d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit.
	    (ii) If the defendant denies the allegations of the affidavit, the prosecuting attorney shall present evidence on the allegations.
	    (iii) The persons who have given adverse information on which the allegations are based shall be presented as witnesses subject to 
		  questioning by the defendant unless the court for good cause otherwise orders.
	    (iv) The defendant may call witnesses, appear and speak in the defendant's own behalf, and present evidence.
	 (e) (i) After the hearing the court shall make findings of fact.
	    (ii) Upon a finding that the defendant violated the conditions of probation, the court may order the probation revoked, modified, 
		  continued, or that the entire probation term commence anew.
	    (iii) If probation is revoked, the defendant shall be sentenced or the sentence previously imposed shall be executed.
    (13) The court may order the defendant to commit himself to the custody of the Division of Substance Abuse and Mental Health for treatment 
	  at the Utah State Hospital as a condition of probation or stay of sentence, only after the superintendent of the Utah State Hospital 
	  or the superintendent's designee has certified to the court that:
	(a) the defendant is appropriate for and can benefit from treatment at the state hospital;
	(b) treatment space at the hospital is available for the defendant; and
	(c) persons described in Subsection 62A-15-610(2)(g) are receiving priority for treatment over the defendants described in this Subsection (13).
    (14) Presentence investigation reports, including presentence diagnostic evaluations, are classified protected in accordance with Title 63G, Chapter 2, 
	  Government Records Access and Management Act. Notwithstanding Sections 63G-2-403 and 63G-2-404, the State Records
	  Committee may not order the disclosure of a presentence investigation report. Except for disclosure at the time of sentencing pursuant to this section, 
	  the department may disclose the presentence investigation only when:
	(a) ordered by the court pursuant to Subsection 63G-2-202(7);
	(b) requested by a law enforcement agency or other agency approved by the department for purposes of supervision, confinement, and treatment of the offender;
	(c) requested by the Board of Pardons and Parole;
	(d) requested by the subject of the presentence investigation report or the subject's authorized representative; or
	(e) requested by the victim of the crime discussed in the presentence investigation report or the victim's authorized representative, provided that the 
	    disclosure to the victim shall include only information relating to statements or materials provided by the victim, to the circumstances of the crime 
	    including statements by the defendant, or to the impact of the crime on the victim or the victim's household.
   (15) (a) The court shall consider home confinement as a condition of probation under the supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5.
	(b) The department shall establish procedures and standards for home confinement, including electronic monitoring, for all individuals referred to the 
	    department in accordance with Subsection (16).
   (16) (a) If the court places the defendant on probation under this section, it may order the defendant to participate in home confinement through the use of electronic 
	    monitoring as described in this section until further order of the court.
	(b) The electronic monitoring shall alert the department and the appropriate law enforcement unit of the defendant's whereabouts.
	(c) The electronic monitoring device shall be used under conditions which require:
	  (i) the defendant to wear an electronic monitoring device at all times; and
	  (ii) that a device be placed in the home of the defendant, so that the defendant's compliance with the court's order may be monitored.
	(d) If a court orders a defendant to participate in home confinement through electronic monitoring as a condition of probation under this section, it shall:
	  (i) place the defendant on probation under the supervision of the Department of Corrections;
	  (ii) order the department to place an electronic monitoring device on the defendant and install electronic monitoring equipment in the residence of 
		the defendant; and
	  (iii) order the defendant to pay the costs associated with home confinement to the department or the program provider.
	(e) The department shall pay the costs of home confinement through electronic monitoring only for those persons who have been determined to be indigent by the court.
	(f) The department may provide the electronic monitoring described in this section either directly or by contract with a private provider.

Definitions.

As used in this chapter:

		R251-113-1. Authority and Purpose.

(1) This rule is provided in accordance with Section 64-13c-301, et seq.

(2) As required by Subsection 64-13c-303(1)(b), the purpose of this rule is to establish procedures for the distribution of appropriated monies received from the Utah State legislature for the Jail Reimbursement Program.

(3) As required by legislative intent language from the General Session 2004, Senate Bill SB-1, Jail Reimbursement, lines 322-334 and from the General Session 2006, SB-50, Jail Funding Amendments.
R251-113-2. Definitions.

In addition to terms defined in Section 64-13c-101,

(1) "Contract State Inmate" means an inmate who has been sentenced to the Utah Department of Corrections and at the pleasure of the Division of Institutional Operations (DIO) is selected to complete all, or a portion of, their court ordered incarceration in a county correctional facility under contract with the Department.

(2) "Core inmate incarceration costs (Core Rate)" means the county correctional facility's direct costs of incarcerating an inmate, including housing, feeding, clothing, programming, and may include capital infrastructure depreciation.

(a) Core Rate is also the "single-reimbursement-rate" as provided in Section 64-13c-302.

(b) Core Rate does not include costs of inmate transportation services or medical care; nor programming for felony probationers.

(3) "Credit for Time Served" means time served in jail prior to judgement, sentence, and commitment.

(4) "Current expenses" means the actual costs of jail salaries, benefits, food, clothing, maintenance, utilities, education, miscellaneous inmate expenses, and may include capital infrastructure depreciation expended during the most recent budget year.

(5) "Fund" means the monies allocated by the legislature for the Felony Probation Inmate costs (Inmate Costs Reimbursement Program) for the current fiscal year.

(6) "Felony Probation Inmate" means a person who may serve a period of time, not to exceed one year in a county jail designated by the department, after considering any recommendation by the court as to which jail the court finds most appropriate, as provided in 77-18-1-(8)(v) Felony Probationer.

(7) "Transportation cost" means mileage rate, salary and benefit costs of the transporting officer(s) expended, which are not included under core rate costs during the most recent budget year.

(8) "Capital Infrastructure Depreciation" means building costs in excess of $5,000 including: roofing, paving, HVAC systems, plumbing, structural repairs, and any repairs that are depreciated. It does not include: vehicles, mowers, washers and dryers, ovens and microwaves, dishwashers, landscaping, computers, furniture, bedding, nor any capital expenditure under $5,000 per item.
R251-113-3. Reimbursement Rates - General.

Pursuant to Section 64-13c-302:

(1) the procedures for setting the rate will be followed as written in the statute and will take place prior to July 1 of each year after the information is gathered from each of the contracting counties.

(2) the Rate Setting Committee shall negotiate a single reimbursement rate, applicable to all counties, which shall consist of daily core inmate incarceration costs and shall be called the "Core Rate";

(3) each county shall negotiate directly with the Department to establish appropriate rates for the transportation services and medical care for inmates housed, including Felony Probationers committed to a county jail, but shall not be reimbursed for said costs per SB50, Jail Funding Amendments, General Session 2006;

(4) the three parts of the setting reimbursement rate are:

(a) the core rate;

(b) county medical costs; and

(c) county transportation costs.
R251-113-4. County Information Requirement.

(1) On or before April 15, each county shall provide the Department with the following budget expenditure information covering the most recent full County Fiscal Year ending on December 31st:

(a) the full costs and expenses required to operate the jail for the current year;

(b) the cost of medical care provided to all inmates housed in the jail for the current year;

(c) the cost of transportation services provided during the current year; and

(d) the number of "inmate-days" for:

(i) state-contract inmates;

(ii) felony condition-of-probation inmates;

(iii) all other county inmates, including all other inmates within the facility not already listed;

(iv) federal inmates;

(v) electronically monitored inmates; and

(vi) the number of total inmate days.

(2) The Department may audit the information received from each county.
R251-113-5. Computation of Reimbursement Rates.

(1) A single core rate shall be used as the basis for all counties as the rate for cost-recovery of housing state inmates.

(a) It will be computed by taking a list of the total information received from all counties, categorized as total inmate days and total current expenses; and then taking

(b) total current expenses, which shall then be divided by the total inmate days, resulting in a computed core rate.

(c) This computed core rate shall be used as the single reimbursement rate for all counties housing contract state prison inmates during the year whether the inmate is a Contract State Inmate or Felony Probation Inmate.

(2) In addition, a separate county rate shall be calculated to reflect medical and transportation expenses incurred by each county. This rate is required by Section 64-13c-101, but shall not be reimbursed pursuant to SB50, General Session 2006. This separate county rate will be computed by:

(a) taking the total medical costs for each county and dividing that total by the inmate days of each county, minus any contract prisoner; and

(b) taking the total transportation cost for each county and dividing that total by the inmate days for each county minus any contract prisoners.
R251-113-6. Payment for Condition of Probation Inmates.

(1) The fund may reimburse each county at seventy percent of the core reimbursement rate established by the Rate Setting Committee and approved by the Legislature.

(2) Fund reimbursement is limited by the following conditions:

(a) "Credit for Time Served" reimbursement can only be made beginning on the first day of incarceration after sentencing, less any credit for time served awarded by the Courts, pursuant to 77-18-1(11a).

(b) "Probation Terminated Unsuccessful" is not eligible for reimbursement because there is no probation currently in place pursuant to 77-18-1(10).

(c) "Plea in Abeyance" is not eligible for reimbursement as the conviction and sentencing have been suspended pursuant to 77-18-1(2).

(d) "Electronic Monitoring" is not eligible for reimbursement pursuant to 77-18-1(16).

(e) "3-Day Holds" are not eligible for reimbursement because the felon is being incarcerated on a probation violation, but no sentence has yet been rendered on the Order to Show Cause.

(f) "Parole Violations" are not eligible for reimbursement because the felon is being incarcerated on a parole violation through the Board of Pardons.

(g) "Immigration and Customs Enforcement Holds" are not eligible for reimbursement beyond the number of days sentenced by the Courts, even if the probation is still in effect.

(h) "Juvenile court Orders to Show Cause" are not eligible for reimbursement even if the juvenile serves in a correctional institution on probation because juveniles are sentenced under Title 78, not Title 77.

(i) Counties shall not be eligible for reimbursement for housing felony probation inmates who have been ordered by the court to reimburse the county for the cost associated with their incarceration whether ordered to pay a portion or the full costs of incarceration.

(3) The fund may provide reimbursement for the following situations:

(a) "Orders to Show Cause" may be reimbursed only when sentenced by the courts to a county correctional facility, as a condition of probation. If the probation has been revoked, it must be reinstated.

(b) Consecutive sentences may be reimbursed as ordered by the courts, within the same court case or in different court cases, as long as all criterion are met.

(c) "Drug Court" or "Mental Health Court" cases may be reimbursed, once the case formerly listed as Plea in Abeyance, has been formally sentenced to a county correctional center as a condition of probation.

(d) "Probation" required in a condition of probation court case may include formal or informal probation, such as: Adult Parole and Probation, Court/Bench Probation, or Contract Probation provided by an private entity per Subsection 77-18-1(2)(a).

(e) Back billings or late billings, when new felons have been found, may be reimbursed only within the same fiscal year period.

(f) All inmate days will be reimbursed beginning on the first day of incarceration after sentencing, but never the last day. All inmates must be in their beds at 11:59 p.m. to be eligible for reimbursement.

(g) All monthly billings require the following inmate information:

(i) name,

(ii) court case number,

(iii) sentencing date,

(iv) incarceration date,

(v) release date, and

(vi) total inmate days for the month.
R251-113-7. Notice of Fund Shortfall.

(1) Projections for the jail reimbursement fund shall be done monthly.

(2) Should it be projected that the appropriated fund will be spent prior to the end of the fiscal year, the Department shall notify the Legislative Fiscal Analyst Office in writing. The report will explain the factors used to determine the shortfall.

(3) The Department shall also notify each participating county jail that the fund will be short.

(4) At the point the Department realizes the fund shall fall short, the department shall collect all billings against the fund and hold them until the end of the current fiscal year. At the end of the current fiscal year, the remaining funds shall be dispersed at an equal percentage across all participating counties.
KEY

county jails, reimbursement
Date of Enactment or Last Substantive Amendment

October 24, 2006
Notice of Continuation

August 30, 2006
Authorizing, Implemented, or Interpreted Law

64-13-303

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Utah Code

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64-13e-102. Definitions.

Definitions.

Definitions.