2001 Session

Budget Amendments - HB1600 (Committee Approved)

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Compensation Board Policy Adjustments

Item 64 #1h

Item 64 #1h

First Year - FY2001 Second Year - FY2002
Compensation Board FY2001 $0 FY2002 ($1,500,000) GF

Page 55, line 39, strike "$53,633,322" and insert "$52,133,322".
Page 56, line 54, after "G.", insert "1."
Page 57, after line 7, insert:
"2.  After June 30, 2001, the payments specified in this paragraph shall not be made for any convicted felon who is sentenced to twelve months or less."
Page 57, line 9, after "charges," insert:
"or after June 30, 2001, any additional charges,".
Page 59, after line 55, insert:
"N.  After June 30, 2001, the provisions of paragraph J. shall no longer apply.  Beginning July 1, 2001, the Compensation Board shall recover $8.00 per day per federal prisoner or per inmate from another state held on a contractual basis at a local or regional jail.  The Compensation Board shall deduct the recovery amount from the facility's next quarterly per diem payment for state and local inmates.  Should the next quarterly per diem payment owed the locality not be sufficient against which to net the total recovery amount, the locality shall remit the remaining amount not recovered to the Compensation Board.  No funds shall be recovered pursuant to this item from any jail having a local funding percent of total expenditures of 50 percent or more, as set forth in the Compensation Board's FY 99 Jail Cost Report."

(This amendment adjusts three policy issues regarding payment of jail per diem payments to localities. First, the policy regarding the definition of state versus local responsibility for inmates who are sentenced to exactly 12 months in jail is clarified to make the Compensation Board policy consistent with the policy and operations of the Department of Corrections. With this amendment, it will be clear that an inmate sentenced to 12 months in jail is local-responsible, as opposed to an inmate sentenced to one year, who is state-responsible. Second, this amendment modifies the policy that inmates who have been convicted of a felony, but who have any additional charges in localities, will not be considered state-responsible until such time as the pending charges are resolved and the inmate is ready for transfer to state custody. The policy previously applied to only pending felony charges. Third, this amendment simplifies the procedure for calculation of federal and out-of-state prisoner cost recoveries by applying a flat rate of $8.00 per inmate per day, which is the same rate that the state reimburses localities for local-responsible prisoners. The current rate is an average $11.00 per day but is not applied equally to all facilities because of a variety of exemptions and exceptions that have been added to the Appropriation Act language. Under this new policy, the only facilities that will be exempt are those jails that receive 50 percent or more of their funding from the locality.)