Calculating the average state daily incarceration cost and the state incarceration rate.
Utah Code § 64-13e-103.1
in effect64-13e-103.1. Calculating the average state daily incarceration cost and the state incarceration rate.
(1) Before September 15 of each year, the department shall:
(a) calculate the average state daily incarceration cost;
(b)
(i) if the average state daily incarceration cost calculated in Subsection (1)(a) equals more than 105% of the previous year's state daily incarceration rate:
(A) set the state daily incarceration rate at 105% of the prior year's state daily incarceration rate; and
(B) record that year's rate surplus; or
(ii) if the average state daily incarceration cost calculated in Subsection (1)(a) is less than 105% of the previous year's state daily incarceration rate:
(A) set the state daily incarceration rate at the state daily incarceration cost; or
(B) if in any one or more of the prior three years there existed a rate surplus, and that rate surplus has not been used to augment the state daily incarceration cost in another year, add the rate surplus or surpluses to the state daily incarceration cost and set the state daily incarceration rate to that combined amount, up to 105% of the previous year's state daily incarceration rate; and
(c) inform each county and the Department of Criminal Justice of the state daily incarceration rate.
(2) Except as provided in Subsections (3) and (4), the state daily incarceration rate may not be less that the rate presented to the Executive Appropriations Committee of the Legislature for purposes of setting the appropriation for the department's budget.
(3) Notwithstanding any other provision in this section, in a fiscal year where General Fund revenue growth is not sufficient to fund the state daily incarceration rate presented to the Executive Appropriations Committee, the state daily incarceration rate shall be reset by the Executive Appropriations Committee in an appropriations act.
(4) For the fiscal year beginning July 1, 2025, only, the state daily incarceration rate is $120.75.
Amended by Chapter 291, 2026 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title64/Chapter13E/64-13e-S103.1.html?v=C64-13e-S103.1_2026050620260701Fetched: 10/26/2026