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House approves formula to set county jail reimbursement rate, citing strain on local budgets

Utah House of Representatives · February 24, 2009
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Summary

The Utah House passed House Bill 221 to establish an "average state daily incarceration rate" for county reimbursement, aiming to provide predictability to counties housing state inmates; supporters said it protects counties from unpredictable costs, while some members warned of a sizable fiscal note and funding obligations.

The Utah House on Feb. 24 approved House Bill 221, a measure to set a standardized daily reimbursement rate for counties that house state prisoners under contract or as reimbursements. Sponsor Representative Michael Noel said the bill sets an "average state daily incarceration rate" based on a three‑year average and adjusts contract and reimbursement rates to better reflect actual costs.

Supporters argued the change would give counties reliable expectations and prevent judges from being influenced by local fiscal constraints. Representative Noel said the rate would be ‘‘50 percent of what it costs in a state penitentiary for the same prisoner and 70 percent on a contract prisoner,’’ and warned the current gap (about $30 per day) imposes a heavy burden on local governments.

Opponents and questioners pressed whether the state has funds to cover the higher rate and who would pay if appropriations are lacking. Representative Powell asked whether passage would obligate funding even when money is not available; Noel confirmed the bill would require funding and that "somebody's gotta pay that bill." Several members recounted counties' bond obligations and the cash‑flow problems that result when reimbursement lags.

The sponsor acknowledged a significant fiscal note and urged the House to pass the bill to create predictability and, in the long run, save the state money by stabilizing corrections and law‑enforcement costs. After debate, the House voted to pass HB221 72‑0; the bill will be transmitted to the Senate for consideration.

The action creates a statutory formula for county reimbursements and does not itself appropriate funds; members warned follow‑on appropriations will be necessary to implement the new rate.