§ 64-13e-102 — Definitions.

As used in this chapter:
(1) "Alternative treatment program" means:
(1)(a) an evidence-based cognitive behavioral therapy program; or
(1)(b) a certificate-based program provided by:
(1)(b)(i) an institution of higher education described in Subsection 53H-1-102(1)(b); or
(1)(b)(ii) a degree-granting institution acting in the degree-granting institution's technical education role described in Section 53H-3-608.
(2) "Average state daily incarceration cost" means the average cost incurred by the department per bed day over the previous three fiscal years, that reflects the following expenses incurred by the department for housing an inmate:
(2)(a) executive overhead;
(2)(b) administrative overhead;
(2)(c) transportation overhead;
(2)(d) division overhead; and
(2)(e) motor pool expenses.
(3) "Board" means the Board of Pardons and Parole.
(4) "Commission" means the State Commission on Criminal and Juvenile Justice, created in Section 63M-7-201.
(5) (5)(a) "Condition of probation day" means a day spent by a state probationary inmate in a county correctional facility as a condition of probation.
(5)(b) "Condition of probation day" includes a day spent by a state probationary inmate in a county correctional facility:
(5)(b)(i) after the date of sentencing;
(5)(b)(ii) before the date of sentencing, if a court orders that the state probationary inmate shall receive credit for time served in a county correctional facility before the date of sentencing;
(5)(b)(iii) as a condition of an original order of probation; and
(5)(b)(iv) as a condition of a new order of probation after a prior revocation of probation.
(5)(c) "Condition of probation day" does not include a day spent by a state probationary inmate in a county correctional facility:
(5)(c)(i) as a probation sanction day;
(5)(c)(ii) after the state probationary inmate has spent 365 consecutive days in a county correctional facility for a single order of probation;
(5)(c)(iii) as a condition of a plea in abeyance agreement if a conviction has not been entered;
(5)(c)(iv) on a hold instituted by the federal Immigration and Customs Enforcement Agency of the United States Department of Homeland Security; or
(5)(c)(v) after the termination of probation if the state probationary inmate is:
(5)(c)(v)(A) sentenced to prison; or
(5)(c)(v)(B) eligible for release.
(6) "Department" means the Department of Corrections, created in Section 64-13-2.
(7) "Division" means the Division of Finance, created in Section 63A-3-101.
(8) (8)(a) "Eligible bed day" means a day spent by a state probationary inmate or a state parole inmate in a county correctional facility that is eligible for reimbursement under Section 64-13e-104.
(8)(b) "Eligible bed day" includes:
(8)(b)(i) a condition of probation day;
(8)(b)(ii) a parole hold day;
(8)(b)(iii) a parole sanction day; and
(8)(b)(iv) a probation sanction day.
(9) (9)(a) "Parole hold day" means a day spent in a county correctional facility by a state parole inmate under Subsection 64-13-29(3) based on a suspected violation of the state parole inmate's terms of parole.
(9)(b) "Parole hold day" does not include a day spent in a county correctional facility by a state parole inmate:
(9)(b)(i) after the state parole inmate has spent 72 hours, excluding weekends and holidays, for a single suspected violation of the state parole inmate's terms of parole; or
(9)(b)(ii) as a parole sanction day.
(10) (10)(a) "Parole sanction day" means a day spent in a county correctional facility by a state parole inmate as a sanction under Subsection 64-13-6(2) for a violation of the state parole inmate's terms of parole.
(10)(b) "Parole sanction day" includes not more than three consecutive days and not more than a total of six days within a period of 30 days for each sanction.
(10)(c) "Parole sanction day" does not include a parole hold day.
(11) (11)(a) "Probation sanction day" means a day spent in a county correctional facility by a state probationary inmate as a sanction under Subsection 64-13-6(2) based on a violation of the state probationary inmate's terms of probation.
(11)(b) "Probation sanction day" includes not more than three consecutive days and not more than a total of six days within a period of 30 days for each sanction.
(11)(c) "Probation sanction day" does not include:
(11)(c)(i) a condition of probation day; or
(11)(c)(ii) a day spent in a county correctional facility by a state probationary inmate under Subsection 64-14-205(3) based on a suspected violation of the state probationary inmate's terms of probation.
(12) "Rate surplus" means the dollar amount by which the average state daily incarceration cost for a given year exceeds 105% of the prior year's state daily incarceration rate.
(13) "State daily incarceration rate" means the daily per bed dollar basis upon which the department will calculate payments to other parties for housing state inmates and state probationary inmates.
(14) "State inmate" means an individual, other than a state probationary inmate or state parole inmate, who is committed to the custody of the department.
(15) "State parole inmate" means an individual who is:
(15)(a) on parole, as defined in Section 77-27-1; and
(15)(b) housed in a county correctional facility for a reason related to the individual's parole.
(16) "State probationary inmate" means a felony probationer sentenced to time in a county correctional facility under Subsection 77-18-105(6).
(17) "Treatment program" means:
(17)(a) an alcohol treatment program;
(17)(b) a substance abuse treatment program;
(17)(c) a sex offender treatment program; or
(17)(d) an alternative treatment program.

Legislative History

Amended by Chapter 9, 2025 Special Session 1