Utah Code § 53H-1-604 — Utah Code / Title 53H / Chapter 53H-1 / § 53H-1-604
§ 53H-1-604. Higher Education and Corrections Council.
Status: in_force

(1) As used in this section: (a) "Correctional facility" means the same as that term is defined in Section 64-13-1. (b) "Council" means the Higher Education and Corrections Council created in this section. (c) "Department" means the Department of Corrections created in Section 64-13-2. (d) "Inmate" means the same as that term is defined in Section 64-13-1. (2) There is created the Higher Education and Corrections Council to advise the board, the Education Interim Committee, and the Higher Education Appropriations Subcommittee regarding the development and delivery of accredited higher education curriculum to incarcerated individuals in the state correctional system. (3) The council consists of the following 11 members: (a) a member of the House of Representatives whom the speaker of the House of Representatives appoints; (b) a member of the Senate whom the president of the Senate appoints; (c) the commissioner or the commissioner's designee; (d) the following two members whom the commissioner appoints and who are engaged in prison education and have expertise in transfer articulation: (i) one employee of a technical college; and (ii) one employee of a degree-granting institution; (e) the following two members whom the governor appoints: (i) an individual who actively researches higher education delivered in a corrections setting using evidence-based practices; and (ii) a formerly incarcerated individual who participated in postsecondary educational programs while incarcerated; (f) one member of the Board of Pardons and Parole whom the chair of the Board of Pardons and Parole appoints; (g) the executive director of the Department of Corrections or the executive director's designee; (h) one employee of the Department of Corrections with expertise in education whom the executive director of the Department of Corrections appoints; and (i) the executive director of the Department of Workforce Services or the executive director's designee. (4) (a) The members described in Subsections (3)(a) and (3)(b) shall serve as co-chairs of the council. (b) (i) Except as provided under Subsection (4)(b)(ii), an appointed member of the council shall serve a term of two years. (ii) A council member's term ends on the day on which the member's status that allows the member to serve on the council under Subsection (3) ends. (c) The individuals authorized to make appointments under Subsection (3) shall make the respective appointments: (i) before July 1 of each odd-numbered year, by: (A) reappointing the council member whose term expires under Subsection (4)(b)(i); or (B) appointing a new council member; and (ii) in the case of a vacancy created under Subsection (4)(b)(ii), for the remainder of the vacated term. (d) The individual authorized to make appointments under Subsection (3) may change the relevant appointment described in Subsection (3) at any time for the remainder of the existing term. (5) (a) The salary and expenses of a council member who is a legislator shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation. (b) A council member who is not a legislator: (i) may not receive compensation or benefits for the member's service on the council; and (ii) may receive per diem and reimbursement for travel expenses that the council member incurs as a council member at the rates that the Division of Finance establishes under: (A) Sections 63A-3-106 and 63A-3-107; and (B) rules that the Division of Finance makes under Sections 63A-3-106 and 63A-3-107. (6) (a) A majority of the council members constitutes a quorum. (b) The action of a majority of a quorum constitutes an action of the council. (7) The commissioner shall provide staff support to the council. (8) The council shall: (a) coordinate, facilitate, and support higher education delivered in the state's correctional facilities, including the county jails under contract with the Department of Corrections to house inmates, to prepare incarcerated individuals for integration and productive employment upon release; (b) explore and provide recommendations to the board and the Department of Corrections for the efficient and effective delivery of higher education programs to incarcerated individuals, including: (i) evidence-based practices and technologies; (ii) methods of maximizing and facilitating incarcerated individuals' access to educational programs; (iii) methods of supporting and facilitating timely completion of courses, certificates, and degrees; (iv) methods of emphasizing educational programs that: (A) align with current and future workforce demands of the state; (B) lead to occupations that are accessible to released incarcerated individuals; (C) provide sustainable wages following release; and (D) maximize accessibility and timely completion during incarceration; (v) use of cross-institutional application of coursework toward certificates and degrees; (vi) use of coursework that encourages personal and civic development; and (vii) methods of leveraging innovative course delivery, including technology resources; (c) explore methods and make recommendations for the collection and analysis of critical data regarding: (i) enrollment and completion of postsecondary education courses, certificate programs, credentials, and degree programs; (ii) federal and state student aid awarded to incarcerated individuals; (iii) costs of postsecondary education in prison, including any recommendations for continued improvement; and (iv) outcomes of formerly incarcerated individuals who participated in postsecondary programming during incarceration if the individual is under the supervision of the Division of Adult Probation and Parole created in Section 64-14-202, including recidivism, employment, and post-release postsecondary education engagement; and (d) recommend requests for legislative appropriations to the board to support the purposes and objectives of the council. (9) The council shall annually report regarding the council's plans and programs, the number of enrollees served, and the number of enrollees receiving degrees and certificates to: (a) the board; (b) before the committee's November interim committee meeting, the Education Interim Committee; and (c) at least 30 days before the beginning of the annual legislative session, the Higher Education Appropriations Subcommittee. (10) A degree-granting institution of higher education providing education to inmates in a correctional facility shall provide relevant academic and career advising services that are substantially similar to services provided to a student who is not a confined or incarcerated individual. (11) Each participating institution of higher education described in this section shall report annually to the council regarding the guidance and support provided.