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UTAH STATUTES AND CODES
64-13e-105 - Procedures for setting the final state daily incarceration rate.
64-13e-105. Procedures for setting the final state daily incarceration rate.
(1) (a) Before September 1 of each year, the department shall calculate, and inform thecounties and CCJJ of the average actual state daily incarceration rate for the most recent threeyears for which the data is available.
(b) The actual state daily incarceration rates used to calculate the average rate describedin Subsection (1)(a) may not be less than the rates presented to the Executive AppropriationsCommittee of the Legislature for purposes of setting the appropriation for the department'sbudget.
(2) Before September 15 of each year, the following parties shall meet to review anddiscuss the average actual state daily incarceration rate, described in Subsection (1) and thecompilation described in Subsection 64-13e-104(7):
(a) as designated by the Utah Sheriffs Association:
(i) one sheriff of a county that is currently under contract with the department to housestate inmates; and
(ii) one sheriff of a county that is currently receiving reimbursement from the departmentfor housing state probationary inmates or state parole inmates;
(b) the executive director of the department or the executive director's designee;
(c) as designated by the Utah Association of Counties:
(i) one member of the legislative body of one county that is currently under contract withthe department to house state inmates; and
(ii) one member of the legislative body of one county that is currently receivingreimbursement from the department for housing state probationary inmates or state paroleinmates;
(d) the executive director of the Commission on Criminal and Juvenile Justice or theexecutive director's designee; and
(e) the director of the Governor's Office of Planning and Budget or the director'sdesignee.
(3) (a) The average actual state daily incarceration rate, reviewed and discussed underSubsection (2), may not be used for purposes of calculating payment or reimbursement under thischapter, unless approved by the Legislature in the annual appropriations act.
(b) Nothing in this chapter prohibits the Legislature from setting the final state dailyincarceration rate at an amount higher or lower than:
(i) the average actual state incarceration rate; or
(ii) the final state daily incarceration rate that was used during the preceding fiscal year.
(1) (a) Before September 1 of each year, the department shall calculate, and inform thecounties and CCJJ of the average actual state daily incarceration rate for the most recent threeyears for which the data is available.
(b) The actual state daily incarceration rates used to calculate the average rate describedin Subsection (1)(a) may not be less than the rates presented to the Executive AppropriationsCommittee of the Legislature for purposes of setting the appropriation for the department'sbudget.
(2) Before September 15 of each year, the following parties shall meet to review anddiscuss the average actual state daily incarceration rate, described in Subsection (1) and thecompilation described in Subsection 64-13e-104(7):
(a) as designated by the Utah Sheriffs Association:
(i) one sheriff of a county that is currently under contract with the department to housestate inmates; and
(ii) one sheriff of a county that is currently receiving reimbursement from the departmentfor housing state probationary inmates or state parole inmates;
(b) the executive director of the department or the executive director's designee;
(c) as designated by the Utah Association of Counties:
(i) one member of the legislative body of one county that is currently under contract withthe department to house state inmates; and
(ii) one member of the legislative body of one county that is currently receivingreimbursement from the department for housing state probationary inmates or state paroleinmates;
(d) the executive director of the Commission on Criminal and Juvenile Justice or theexecutive director's designee; and
(e) the director of the Governor's Office of Planning and Budget or the director'sdesignee.
(3) (a) The average actual state daily incarceration rate, reviewed and discussed underSubsection (2), may not be used for purposes of calculating payment or reimbursement under thischapter, unless approved by the Legislature in the annual appropriations act.
(b) Nothing in this chapter prohibits the Legislature from setting the final state dailyincarceration rate at an amount higher or lower than:
(i) the average actual state incarceration rate; or
(ii) the final state daily incarceration rate that was used during the preceding fiscal year.
Amended by Chapter 56, 2009 General Session
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