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House approves inmate 'cost of care' option after floor fight over limitation period

Utah House of Representatives · January 24, 1990
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Summary

House Bill 114 would permit courts to order inmates to pay a ‘cost of care’ (room and board) when they have capacity, a change proponents say can ease local jail funding; an Atkinson amendment proposing an eight‑year statute of limitation failed and the bill passed 54–16.

The Utah House advanced a sentencing option allowing courts to order certain inmates to pay a court-ordered "cost of care," effectively a restitution-like room-and-board obligation, as part of House Bill 114. The bill passed the House 54–16 and will be sent to the Senate.

Sponsor Representative Grant D. Proxman described HB 114 as an additional course of sentencing that dovetails into restitution law and would let courts require those with capacity to contribute toward their room, board and supervision costs. He said the measure was intended to reduce the taxpayer burden of incarceration, particularly for short-term or weekend county jail sentences.

Representative Kelly Atkinson proposed an amendment to impose an eight-year statute of limitations on repayment of the cost-of-care obligation, arguing the current language could impose a lifelong financial burden on formerly incarcerated people. Atkinson recounted a case he said illustrated the problem, urging that "there ought to be some kind of principle at which time we say ... you have paid your debt to society and it's over with." The amendment failed after extended discussion and a division vote; floor debate included questions about tolling, drafting and potential constitutional effects.

Supporters of the bill said it benefits local jurisdictions struggling with jail funding and targets those with the capacity to pay; opponents expressed concern that tethering people to long-term financial obligations could be punitive and costly to administer. Representative Atkinson and others urged careful drafting to avoid unintended consequences such as tolling that extends obligations rather than limits them.

The measure passed the House and will proceed to the Senate for further action.