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Utah House approves bill allowing counties to seek jail-cost reimbursement

Utah House of Representatives · February 27, 2003
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Summary

The Utah House passed second substitute House Bill 112 to let judges order convicted county jail inmates who can pay to reimburse incarceration costs; the measure passed 50–14 and was referred to the Senate. Sponsors say judges retain waiver authority; opponents warned of affordability and recidivism risks.

Representative Dee moved second substitute House Bill 112, titled County Correctional Facility Reimbursement, and the House approved the measure 50–14, referring it to the Senate.

The bill allows counties to seek reimbursement from convicted persons incarcerated in county jails, under circumstances and limits set by the statute and at judicial discretion. Representative Dee, the bill sponsor, said the measure targets people "who can afford it, determined by the judge," and argued that some incarcerated people have the means to contribute toward the cost of their incarceration rather than shifting the full burden to property taxpayers.

Opponents urged caution. Representative Harper warned the provision could increase recidivism because many released inmates lack sufficient earnings to repay significant jail costs; Harper cited per-day costs and an annual estimate to argue repayment would be unrealistic for many former inmates and could leave people unable to stabilize after release.

Sponsor responses and safeguards. Representative Dee emphasized the bill applies only to county jails (not Utah State Prison), that judges may waive fees or set payment plans based on ability to pay, and that victim restitution and fines remain priorities before county reimbursement. Dee also noted support for the bill from the Association of Counties and the Utah Sheriffs Association.

Fiscal and program details discussed on the floor included county jail cost ranges and local examples: sponsors cited county jail per-inmate costs in the roughly $33–$45 per day range and referenced Weber County bed and cost changes over the 1995–2003 period as part of the case for allowing local cost recovery.

The House adopted a technical Pink Sheet amendment and a clarifying amendment specifying the restitution in the bill is court-ordered restitution. After debate the House voted to pass the bill; the clerk recorded 50 yes votes and 14 no votes, and the measure will be transmitted to the Senate for further consideration.