R251. Corrections, Administration.
R251-713. Jail Contracting Funds.
R251-713-1. Authority and Purpose.
(1) This rule is authorized by Sections 63G-3-201 and 64-13-10.
(2) This rule provides for the disbursement of funds allocated to the Department pursuant to Sections 64-13e-103 and 64-13e-103.2 for jail contracting.
R251-713-2 Definitions.
(1) "Alternative treatment beds" means beds at county correctional facilities that are dedicated to an alternative treatment program for state inmates pursuant to Subsection 64-13e-103(3)(a)(ii).
(2) "Alternative treatment percentage" means a percentage determined by dividing the amount paid by the Department to a county for alternative treatment beds used during a given fiscal year by the total amount paid by the Department to contracting counties for alternative treatment beds during the same fiscal year.
(3) "Contracting county" means a county with whom the Department has contracted during the fiscal year for the housing of state inmates pursuant to Sections 64-13e-103 and 64-13e-103.2.
(4) "Department" means the Utah Department of Corrections.
(5) "Housing beds" means beds at county correctional facilities, other than treatment program beds and alternative treatment beds, that are dedicated to housing state inmates.
(6) "Housing percentage" means a percentage determined by dividing the amount paid by the Department to a county for housing beds used during a given fiscal year by the total amount paid by the Department to contracting counties for housing beds during the same fiscal year.
(7) "Jail contracting funds" means funds allocated to the Department for housing state inmates in county correctional facilities pursuant to Sections 64-13e-103 and 64-13e-103.2.
(8) "State inmate" means an individual who is committed to the custody of the Department and housed in a county correctional facility under a contract entered into between a contracting county and the Department pursuant to Sections 64-13e-103 and 64-13e-103.2.
(9) "Treatment program percentage" means a percentage determined by dividing the amount paid by the Department to a county for treatment program beds used during a given fiscal year by the total amount paid by the Department to contracting counties for treatment program beds during the same fiscal year.
(10) "Treatment program beds" means beds at county correctional facilities that are dedicated to a treatment program for state inmates pursuant to Subsection 64-13e-103(3)(a)(i).
R251-713-3 Jail Reimbursement.
(1) The Department will pay contracting counties for treatment program beds, alternative treatment beds, and housing beds used by the Department during the fiscal year in accordance with the contracts entered into by the Department and the contracting counties pursuant to Sections 64-13e-103 and 64-13e-103.2.
(2) At the conclusion of each fiscal year, the Department will divide any remaining jail contracting funds between the contracting counties in accordance with Section R251-713-3.
(3) Any funds designated by the Department for treatment program beds pursuant to Subsection 64-13e-103.2(2)(a) that have not been paid pursuant to Subsection R251-713-3(1) by the end of the fiscal year will be divided proportionally among the participating contracting counties based on each county's treatment program percentage.
(4) Any funds designated by the Department for alternative treatment beds pursuant to Subsection 64-13e-103.2(2)(b) that have not been paid under Subsection R251-713-3(1) by the end of the fiscal year will be divided proportionally among the participating contracting counties based on each county's alternative treatment percentage.
(5) Any remaining jail contracting funds that have not been paid pursuant to Subsection R251-713-3(1) by the end of the fiscal year and were not designated by the Department for treatment program beds or alternative treatment beds will be divided proportionally among the contracting counties based on each county's housing percentage.
(6) Payments made by the Department pursuant to Subsection R251-713-3(2) through Subsection R251-713-3(5) will be distributed to the appropriate contracting county by July 31st of the following fiscal year.
KEY: county jails, state inmates, inmate placement program
Date of Last Change: January 7, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13e-103; 64-13e-103.2
