Utah Code § 64-13-50 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-50
§ 64-13-50. Inmate program requirements -- Records -- Reporting.
Status: in_force

(1) As used in this section: (a) "Board" means the Board of Pardons and Parole. (b) "Board hearing" means a hearing established under Subsection 77-27-7(1), which is the earliest possible point at which the board may consider an inmate's release from a correctional facility. (c) (i) "Program" means a part of an inmate's case action plan that is required or optional and includes: (A) sex offender treatment; (B) substance use treatment; (C) educational programs, including literacy programs; (D) career-readiness programs; (E) life-skills training; and (F) transition programs meant to prepare an inmate who is about to leave a correctional facility in accordance with Section 64-13-10.6. (ii) "Program" includes online and in-person programs. (2) On or before January 1, 2026, the department shall: (a) use an inmate's board hearing when determining the timing of an inmate's programs to ensure that an inmate will have the ability to complete all of the inmate's programs by the inmate's board hearing; (b) create an incentive plan to encourage an inmate to complete the inmate's programs by the inmate's board hearing; (c) in accordance with Subsection 64-13-48(4) and Subsection (3), use the department's best efforts to ensure that when an inmate is transferred within a correctional facility or to a different correctional facility, the inmate is able to continue all programs that the inmate has already started and has not yet completed, without requiring the inmate to restart a program from the beginning or wait on a waiting list for the program, unless the program's continuation would be impossible due to the inmate's transfer to a more restrictive setting due to a behavioral or disciplinary violation; (d) in accordance with Subsection (3), use the department's best efforts to ensure that if an inmate opts out of an optional program, the inmate is able to rejoin the program within six months without being required to restart the program from the beginning or wait on a waiting list; (e) in accordance with Subsection (3), as soon as an inmate's case action plan is created in accordance with Subsection 64-13-6(1)(m), use the department's best efforts to start the inmate in at least two of the inmate's programs; (f) in accordance with Subsection (3), use the department's best efforts to allow an inmate to participate in more than one program at a time throughout the inmate's time within the correctional facility, including, if applicable, providing technological methods for an inmate to participate in an online program; (g) in accordance with Section 64-13e-103, prioritize the placement of inmates within county correctional facilities that: (i) offer, allow, or facilitate department-specified programs for inmates; and (ii) collect and provide inmate program completion data to the department; and (h) periodically confer with an inmate and, if necessary, the board, to determine whether the inmate is on track to complete all of the inmate's programs by the inmate's board hearing. (3) If the department is unable to meet a requirement described in Subsection (2)(c), (2)(d), (2)(e), or (2)(f), the department shall: (a) include in the inmate's records the reason why the requirement was not met; and (b) ensure the information described in Subsection (3)(a) is made available to the board. (4) The department shall provide an annual report on the department's public website that states how many inmates: (a) are currently participating in one or more programs; and (b) have successfully completed one or more programs during the prior year.
Utah Code § 64-13d-101 — Utah Code / Title 64 / Chapter 64-13d / § 64-13d-101
§ 64-13d-101. Title.
Status: in_force

This chapter is known as the "Private Correctional Facilities Act."
Utah Code § 64-13-48 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-48
§ 64-13-48. Educational and career-readiness programs.
Status: in_force

(1) The department shall, in accordance with Subsection 64-13-6(1)(c), ensure that appropriate evidence-based and evidence-informed educational or career-readiness programs are made available to an inmate as soon as practicable after the creation of the inmate's case action plan. (2) The department shall provide incarcerated women with substantially equivalent educational and career-readiness opportunities as incarcerated men. (3) Before an inmate begins an educational or career-readiness program, the department shall provide reasonable access to resources necessary for an inmate to apply for grants or other available financial aid that may be available to pay for the inmate's program. (4) (a) The department shall consider an inmate's current participation in an educational or career-readiness program when the department makes a decision with regard to an inmate's: (i) transfer to another area or facility; or (ii) appropriate disciplinary sanction. (b) When possible, the department shall use best efforts to allow an inmate to continue the inmate's participation in an educational or career-readiness program while the facility is under lockdown, quarantine, or a similar status. (5) (a) The department shall maintain records on an inmate's educational progress, including completed life skills, certifications, and credit- and non-credit-bearing courses, made while the inmate is incarcerated. (b) The department shall facilitate the transfer of information related to the inmate's educational process upon the inmate's release, including the inmate's post-release contact information and the records described in Subsection (5)(a), to: (i) the inmate; or (ii) an entity that the inmate has authorized to receive the inmate's records or post-release contact information, including an institution: (A) from which the inmate received educational instruction while the inmate was incarcerated; or (B) at which the inmate plans to continue the inmate's post-incarceration education. (6) Beginning May 1, 2023, the department shall provide an annual report to the Higher Education Appropriations Subcommittee regarding educational and career-readiness programs for inmates, which shall include: (a) the number of inmates who are participating in an educational or career-readiness program, including an accredited postsecondary education program; (b) the percentage of inmates who are participating in an educational or career-readiness program as compared to the total inmate population; (c) inmate program completion and graduation data, including the number of completions and graduations in each educational or career-readiness program; (d) the potential effect of educational or career-readiness programs on recidivism, as determined by a comparison of: (i) the total number of inmates who return to incarceration after a previous incarceration; and (ii) the number of inmates who return to incarceration after a previous incarceration who participated in or completed an educational or career-readiness program; (e) the number of inmates who were transferred to a different facility while currently participating in an educational or career-readiness program, including the number of inmates who were unable to continue a program after a transfer to a different facility; and (f) the department's: (i) recommendation for resources that may increase inmates' access to and participation in an educational or career-readiness program; and (ii) estimate of how many additional inmates would participate in an educational or career-readiness program if the resources were provided. (7) The department shall: (a) ensure that an inmate enrolled in an educational or career-readiness program has access to modern technology determined by the provider of the program as necessary for an inmate to participate in the program; and (b) assist an inmate in applying for jobs within 30 days before the day on which the inmate is released from the department's custody. (8) The department may not offer training for an inmate to become a certified nursing assistant certified by the Department of Health and Human Services. (9) The department may make rules in accordance with Section 64-13-10 and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of this section.
Utah Code § 64-13-27 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-27
§ 64-13-27. Records -- Access.
Status: in_force

(1) (a) The Criminal Investigations and Technical Services Division of the Department of Public Safety, established in Section 53-10-103, county attorneys' offices, and state and local law enforcement agencies shall furnish to the department upon request a copy of records of any person arrested in this state. (b) The department shall maintain centralized files on all offenders under the jurisdiction of the department and make the files available for review by other criminal justice agencies upon request in cases where offenders are the subject of active investigations. (2) All records maintained by programs under contract to the department providing services to public offenders are the property of the department. (3) The following information is not a record under Title 63A, Chapter 12, Part 1, Division of Archives and Records Service and Management of Government Records, or Title 63G, Chapter 2, Government Records Access and Management Act, and may not be disclosed by the department: (a) identifying information of a person who participates in or administers the execution of a death sentence, including the on-site medical administrator, correctional facility staff, contractors, consultants, executioners, or other staff or volunteers; or (b) identifying information of a person that manufactures, supplies, compounds, or prescribes drugs, medical supplies, medical equipment, or any other equipment used in the execution of a death sentence. (4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records Access and Management Act, or any other provision of the Utah Code governing the release of information, the identifying information described in Subsection (3): (a) is not subject to release through discovery or other judicial processes or orders; and (b) may not be introduced as evidence in a civil proceeding, a criminal proceeding, an agency proceeding, or any other administrative or judicial proceeding. (5) Within 90 days after the day on which an execution of a death sentence is performed, the department shall: (a) create a copy of the department's records related to an execution of a death sentence that redacts the personal identifying information listed in Subsection (3); and (b) destroy the original records containing the personal identifying information. (6) A copy of a record created in Subsection (5)(a) shall be classified as protected under Title 63G, Chapter 2, Government Records Access and Management Act. (7) A violation of this section may be punished in accordance with Section 63G-2-801. (8) (a) If any provision of this section or the application of any provision to any person or circumstance is held invalid by a final decision of a court, the remainder of this section shall be given effect without the invalid provision or application. (b) The provisions of this section are severable.
Utah Code § 64-14-205 — Utah Code / Title 64 / Chapter 64-14 / § 64-14-205
§ 64-14-205. Violation of parole or probation -- Detention -- Hearing.
Status: in_force

(1) As used in this section: (a) "72-hour hold" means a directive from the department: (i) prohibiting the release of a parolee or probationer from correctional custody who has entered correctional custody due to a violation of a condition of parole or probation; and (ii) lasting for a maximum of 72 hours, excluding weekends or holidays, from the time the parolee or probationer entered correctional custody. (b) "Correctional custody" means when a parolee or probationer is physically detained in a county jail or a correctional facility operated by the department. (c) "Parolee" means an individual on parole under the supervision of the division. (d) "Probationer" means an individual on probation under the supervision of the division. (e) (i) "Qualifying domestic violence offense" means the same as that term is defined in Subsection 77-36-1.1(4). (ii) "Qualifying domestic violence offense" does not include criminal mischief as described in Section 76-6-106. (f) "Violent felony" means the same as that term is defined in Section 76-3-203.5. (2) The division shall ensure that the court is notified of violations of the terms and conditions of probation in the case of probationers under the supervision of the division or the Board of Pardons and Parole in the case of parolees under the division's supervision when: (a) incarceration is recommended as a sanction; (b) the division determines that a graduated and evidence-based response is not an appropriate response to the violation and recommends revocation of probation or parole; or (c) there is probable cause that the conduct that led to a violation of parole or probation is: (i) a violent felony; or (ii) a qualifying domestic violence offense. (3) The division: (a) may place a 72-hour hold on a parolee or probationer if there is probable cause to believe that the parolee or probationer has committed a violation other than a violent felony or qualifying domestic violence offense; and (b) shall place a 72-hour hold on a parolee or probationer if there is probable cause to believe that the parolee or probationer has committed a violent felony or qualifying domestic violence offense. (4) (a) The division may not detain, or have a county jail detain, a probationer or parolee for longer than 72 hours without a warrant or order issued by the court or Board of Pardons and Parole. (b) To obtain a warrant or order to detain a probationer or parolee for longer than 72 hours, the division shall seek the warrant or order from the court for a probationer or the Board of Pardons and Parole for a parolee. (c) The division may decline to seek a warrant or order under Subsection (4)(b) for a probationer or parolee subject to a 72-hour hold and remove the 72-hour hold. (5) This section does not require the division to release a probationer or parolee who is being held for something other than a probation or parole violation, including a warrant issued for new criminal conduct or a new conviction where the probationer or parolee is sentenced to incarceration. (6) The department may make rules as necessary, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the division to implement this section.
Utah Code § 64-14-101 — Utah Code / Title 64 / Chapter 64-14 / § 64-14-101
§ 64-14-101. Definitions.
Status: in_force

As used in this chapter: (1) "Department" means the same as that term is defined in Section 64-13-1. (2) "Division" means the Division of Adult Probation and Parole created in Section 64-14-202. (3) "Executive director" means the same as that term is defined in Section 64-13-1. (4) "Inmate" means the same as that term is defined in Section 64-13-1. (5) "Offender" means the same as that term is defined in Section 64-13-1. (6) "Recidivism" means the same as that term is defined in Section 64-13-1.
Utah Code § 64-13-49 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-49
§ 64-13-49. Inmate medical notification.
Status: in_force

(1) As used in this section, "health care facility" means the same as that term is defined in Section 26B-2-201. (2) Upon intake of an inmate, a correctional facility shall provide the inmate with a form that allows the inmate to designate a contact to whom the correctional facility may release the inmate's medical information in compliance with applicable federal law and Title 63G, Chapter 2, Government Records Access and Management Act. (3) A correctional facility shall, without compromising an investigation: (a) attempt to notify an inmate's designated contact that the inmate sustained a serious injury or contracted a serious illness within five days after: (i) the day on which the inmate sustains the serious injury or contracts the serious illness; or (ii) if the inmate is transferred to a health care facility as a result of the serious injury or serious illness, the day on which the inmate is released from the health care facility; (b) attempt to notify the designated contact within 24 hours after the death of the inmate and include the manner of death in the notification, if known; or (c) attempt to notify the designated contact if the inmate's physician determines notification is necessary because the inmate has a medical condition that: (i) renders the inmate incapable of making health care decisions; or (ii) may result in the inmate reaching end-of-life. (4) The notification described in Subsection (3)(a) shall, without compromising an investigation, describe: (a) the serious injury or serious illness; (b) the extent of the serious injury or serious illness; (c) the medical treatment plan; and (d) if applicable, the medical treatment recovery plan. (5) The department shall create a policy that a staff member provide the notification described in Subsection (3) in a compassionate and professional manner.
Utah Code § 64-13-43 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-43
§ 64-13-43. Use of state vehicles by department personnel.
Status: in_force

The executive director may authorize the use of a state vehicle for: (1) official and commute purposes for a department employee who: (a) supervises probationers or parolees; or (b) investigates the criminal activity of inmates, probationers, or parolees; and (2) off-duty personal use.
Utah Code § 64-13h-103 — Utah Code / Title 64 / Chapter 64-13h / § 64-13h-103
§ 64-13h-103. Uses of Rehabilitation and Reentry Services Special Revenue Fund.
Status: in_force

(1) Money in the fund shall be used to provide direct services to offenders that will increase the likelihood of successful reintegration into the general public and decrease the likelihood of recidivism, which may include: (a) educational services; (b) job skills training; (c) life skills training; (d) apprenticeships; (e) job placement assistance; (f) assistance with affordable housing or supervised or transitional housing services; (g) substance use treatment, mental health services, or physical health services; or (h) case worker access, before or after leaving incarceration. (2) The department may expend money from the fund to offset actual department expenses related to administering this section.
Utah Code § 64-13-30.5 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-30.5
§ 64-13-30.5. Payment by inmate for postsecondary educational tuition.
Status: in_force

(1) (a) An inmate participating in a postsecondary education program through the department shall pay to the department at the time of enrollment 50% of the costs of the postsecondary education tuition. (b) If an inmate desires to participate in the postsecondary education program but is unable to pay the costs of the education because of inadequate financial resources, the inmate may participate in a deferred tuition payment program under this section. (c) The department and the Office of State Debt Collection shall coordinate a deferred postsecondary education tuition repayment program to provide inmates a reasonable payment schedule and payment amount to allow for deferred payment of the postsecondary educational tuition obligation the inmate incurred while under supervision of the department, which shall: (i) account for all postsecondary education tuition costs incurred by the inmate while under the supervision of the department; (ii) establish an appropriate time for the inmate to begin payment of postsecondary education tuition costs, which shall require that payments start no later than two years after termination of parole; and (iii) establish a payment schedule and payment amounts, including prevailing interest rates, commensurate with student loans currently being offered by local financial institutions. (d) Neither the department nor the Office of State Debt Collection may relieve an offender of the postsecondary tuition repayment responsibility. (e) The department shall pay costs of postsecondary education not paid by the offender at the time of participation in the program from the Prison Telephone Surcharge Account. (2) (a) Of those tuition funds collected by the Office of State Debt Collection under this section, 10% may be used by the Office of State Debt Collection for operation of the deferred payment program. (b) All other funds collected as repayment for postsecondary tuition costs shall be deposited in the Prison Telephone Surcharge Account. (3) Only inmates lawfully present in the United States may participate in the postsecondary educational program offered through the department.
Utah Code § 64-13-25.1 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-25.1
§ 64-13-25.1. Medication assisted treatment plan.
Status: in_force

(1) As used in this section, "medication assisted treatment plan" means a prescription plan to use a medication, such as buprenorphine, methadone, or naltrexone, to treat substance use withdrawal symptoms or an opioid use disorder. (2) In collaboration with the Department of Health and Human Services the department may cooperate with medical personnel to continue a medication assisted treatment plan for an inmate who had an active medication assisted treatment plan within the last six months before being committed to the custody of the department. (3) A medication used for a medication assisted treatment plan under Subsection (2): (a) shall be an oral, short-acting medication unless the chief administrative officer or other medical personnel who is familiar with the inmate's medication assisted treatment plan determines that a long-acting, non-oral medication will provide a greater benefit to the individual receiving treatment; (b) may be administered to an inmate under the direction of the chief administrative officer of the correctional facility; (c) may, as funding permits, be paid for by the department or the Department of Health and Human Services; and (d) may be left or stored at a correctional facility at the discretion of the chief administrative officer of the correctional facility. (4) Before November 30 each year, the Department of Health and Human Services shall provide a report to the Health and Human Services Interim Committee that details, for each category, the number of individuals in the custody of the department who, in the preceding 12 months: (a) had an active medication assisted treatment plan within the six months preceding commitment to the custody of the department; (b) continued a medication assisted treatment plan following commitment to the custody of the department; and (c) discontinued a medication assisted treatment plan prior to, at the time of, or after commitment to the custody of the department and, as available, the type of medication discontinued and the reason for the discontinuation.
Utah Code § 64-13-19 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-19
§ 64-13-19. Labor at correctional facilities.
Status: in_force

(1) The department shall determine the types of labor to be pursued, and what kind, quality, and quantity of goods, materials, and supplies shall be produced, manufactured, or repaired at correctional facilities. Contracts may be made for the labor of offenders, including contracts with any federal agency for a project affecting national defense. As many offenders as practicable may be employed to produce, manufacture, or repair any goods, materials, or supplies for sale to the state or its political subdivisions. Prices for all goods, materials, and supplies shall be fixed by the department. (2) An offender performing labor under this section is not considered an employee, worker, workman, or operative for purposes of Title 34A, Chapter 2, Workers' Compensation Act, except as required by federal statute or regulation.
Utah Code § 64-13d-103 — Utah Code / Title 64 / Chapter 64-13d / § 64-13d-103
§ 64-13d-103. Private contracts -- Limitations on purpose -- Requirements before entering into contract -- Required terms.
Status: in_force

(1) (a) The department may contract with a contractor to finance, acquire, construct, lease, or provide full or partial correctional services. (b) A contractor may only house an inmate for federal immigration detention or civil detention. The department may not contract with a contractor to house an inmate for any other purpose. (2) Before entering into a contract, the department shall: (a) hold a public hearing within the county or municipality where the facility is to be sited for the purpose of obtaining public comment; (b) give consideration to the input received at the public hearing when making decisions regarding the awarding of a contract and the contract process; and (c) have received written notification from the legislative body of the municipality or county where the proposed facility is to be sited, stating that the legislative body has agreed to the establishment of the facility within its boundaries. (3) Before entering into a contract, the department shall require that the contractor proposing to provide the services demonstrate that it has: (a) management personnel with the qualifications and experience necessary to carry out the terms of the contract; (b) sufficient financial resources to: (i) complete and operate the facility; (ii) provide indemnification for liability arising from the operation of the facility; and (iii) provide reimbursement as required under Section 64-13d-105; (c) the ability and resources to meet applicable court orders, correctional standards as defined by the department, and constitutional requirements; and (d) liability insurance adequate to protect the state, the political subdivision where the facility is located, and the officers and employees of the facility from all claims and losses incurred as a result of action or inaction by the contractor or its employees. (4) A contract awarded for the operation of a facility shall be consistent with commonly accepted correctional practices as defined by the department and shall include: (a) adequate internal and perimeter security to protect the public, employees, and inmates, based on the security level of the inmate population; (b) work, training, educational, and treatment programs for inmates; (c) a minimum correctional officer to inmate ratio; (d) imposition of inmate discipline in accordance with applicable state law and department policy; and (e) adequate food, clothing, housing, and medical care for inmates.
Utah Code § 64-13a-3 — Utah Code / Title 64 / Chapter 64-13a / § 64-13a-3
§ 64-13a-3. Definitions.
Status: in_force

As used in this chapter "division" means the Division of Correctional Industries.
Utah Code § 64-13-32 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-32
§ 64-13-32. Discipline of offenders -- Use of force.
Status: in_force

(1) If an offender offers violence to an officer or other employee of the Department of Corrections, or to another offender, or to any other person; attempts to damage or damages any corrections property; attempts to escape; or resists or refuses to obey any lawful and reasonable command; the officers and other employees of the department may use all reasonable means, including the use of weapons, to defend themselves and department property and to enforce the observance of discipline and prevent escapes. (2) An inmate who is housed in a secure correctional facility and is in the act of escaping from that secure correctional facility or from the custody of a peace or correctional officer is presumed to pose a threat of death or serious bodily injury to an officer or others if apprehension is delayed. Notwithstanding Section 76-2-404, a peace or correctional officer is justified in using deadly force if the peace or correctional officer reasonably believes deadly force is necessary to apprehend the inmate.
Utah Code § 64-13f-102.5 — Utah Code / Title 64 / Chapter 64-13f / § 64-13f-102.5
§ 64-13f-102.5. Calculation of the community supervision percentage.
Status: in_force

In calculating the community supervision percentage, the department shall: (1) determine the county or county zone in which an offender is supervised by identifying the location of the offender's primary offense; (2) have sole discretion in identifying the offender's primary offense under Subsection (1), taking into account the severity of the crimes for which the offender has been convicted and sentenced; and (3) only include an offender on probation or parole supervision with the department in the community supervision percentage calculation.
Utah Code § 64-13-41 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-41
§ 64-13-41. Limitations on offender access to sexually explicit material.
Status: in_force

(1) As used in this section: (a) (i) "Commercially published information or material" means any book, booklet, pamphlet, magazine, periodical, newsletter, or similar document, including stationery and greeting cards, and video and audio tapes, disks, or other recording, that is distributed or made available through any means or media for a commercial purpose. (ii) "Commercially published information or material" includes an extraction, photocopy, clipping, or electronically created copy made from any of the items under Subsection (1)(a)(i). (b) (i) "Features nudity" means the information or material: (A) that, in the case of a one-time publication or issue, promotes itself based upon depictions of nudity or sexually explicit conduct; or (B) that, in the case of information or material other than under Subsection (1)(b)(i)(A), contains depictions of nudity or sexually explicit conduct on a routine or regular basis. (ii) The department may by rule, pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, exclude from the definition in Subsection (1)(b)(i) information or material containing nudity that is illustrative of medical, educational, or anthropological content. (c) "Nudity" means a pictorial depiction where genitalia or female breasts are exposed. (d) "Offender" means any person who has been convicted of a crime and is housed in a prison, jail, youth detention facility, or community correctional center. (e) "Sexually explicit" means a pictorial depiction of actual or simulated sexual acts, including sexual intercourse, sodomy, or masturbation. (f) "State funds" means state or local funding provided to the department, and includes legislative appropriations to the department, dedicated credits, grants, and money for jail reimbursement to county correctional facilities under Title 64, Chapter 13, Department of Corrections - State Prison, private providers, and contractors. (2) State funds may not be used to distribute or make available any commercially published information or material to an offender when the state employee, contractor, or private provider who has the authority to expend the funds knows that the commercially published information or material is sexually explicit or features nudity. (3) (a) When the department rejects commercially published information or material for distribution to an offender under this section, the department shall advise the publisher or sender that it may request reconsideration by the department of the decision to reject the material. However, the department need advise the publisher or sender only once in the case of information or material that on a routine or regular basis either depicts sexually explicit material or features nudity. (b) The department shall make rules pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish an administrative reconsideration process. (c) For purposes of extraordinary relief under Rule 65B, Utah Rules of Civil Procedure, this administrative reconsideration process is a plain, speedy, and adequate legal remedy that must be exhausted before extraordinary relief is available. (d) There is no right to judicial review of the department's decision under this section to reject material for distribution. (4) This section does not apply to sexually explicit material used under Subsection 76-5c-110(1) for the assessment or treatment of an offender.
Utah Code § 64-13-1 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-1
§ 64-13-1. Definitions.
Status: in_force

As used in this chapter: (1) "Behavioral health transition facility" means a nonsecure correctional facility operated by the department for the purpose of providing a therapeutic environment for offenders receiving mental health services. (2) "Case action plan" means a document developed by the Department of Corrections that identifies: (a) the program priorities for the treatment of the offender, including the criminal risk factors as determined by risk, needs, and responsivity assessments conducted by the department; and (b) clearly defined completion requirements. (3) "Community correctional center" means a nonsecure correctional facility operated by the department, but does not include a behavioral health transition facility for the purposes of Section 64-13f-103. (4) "Correctional facility" means any facility operated to house offenders in a secure or nonsecure setting: (a) by the department; or (b) under a contract with the department. (5) "Criminal risk factors" means an individual's characteristics and behaviors that: (a) affect the individual's risk of engaging in criminal behavior; and (b) are diminished when addressed by effective treatment, supervision, and other support resources, resulting in a reduced risk of criminal behavior. (6) "Department" means the Department of Corrections. (7) "Emergency" means any riot, disturbance, homicide, inmate violence occurring in any correctional facility, or any situation that presents immediate danger to the safety, security, and control of the department. (8) "Evidence-based" means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. (9) "Evidence-informed" means a program or practice that is based on research and the experience and expertise of the department. (10) "Executive director" means the executive director of the Department of Corrections. (11) "Inmate" means an individual who is: (a) committed to the custody of the department; and (b) housed at a correctional facility or at a county jail at the request of the department. (12) "Minor child" means the same as that term is defined in Section 81-1-101. (13) "Offender" means an individual who has been convicted of a crime for which the individual may be committed to the custody of the department and is at least one of the following: (a) committed to the custody of the department; (b) on probation; or (c) on parole. (14) "Recidivism" means a return to criminal activity after a previous criminal conviction. (15) "Restitution" means the same as that term is defined in Section 77-38b-102. (16) "Risk and needs assessment" means an actuarial tool validated on criminal offenders that determines: (a) an individual's risk of reoffending; and (b) the criminal risk factors that, when addressed, reduce the individual's risk of reoffending. (17) "Secure correctional facility" means any prison, penitentiary, or other institution operated by the department or under contract for the confinement of offenders, where force may be used to restrain an offender if the offender attempts to leave the institution without authorization. (18) "Serious illness" means, as determined by the inmate's physician, an illness that substantially impairs the inmate's quality of life. (19) "Serious injury" means, as determined by the inmate's physician, bodily injury that involves a substantial risk of death, prolonged unconsciousness, prolonged and obvious disfigurement, or prolonged loss or impairment of the function of a bodily member, organ, or mental faculty. (20) "State-issued driver license" means a driver license issued in accordance with Title 53, Chapter 3, Part 2, Driver Licensing Act, or an equivalent issued by another state. (21) "State-issued identification card" means an identification card issued in accordance with Title 53, Chapter 3, Part 8, Identification Card Act, or an equivalent issued by another state.
Utah Code § 64-13-7.5 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-7.5
§ 64-13-7.5. Persons in need of mental health services -- Contracts.
Status: in_force

(1) Except as provided for in Subsection (2), when the department determines that a person in its custody is in need of mental health services, the department shall contract with the Division of Substance Abuse and Mental Health, local mental health authorities, or the state hospital to provide mental health services for that person. Those services may be provided at the Utah State Hospital or in community programs provided by or under contract with the Division of Substance Abuse and Mental Health, a local mental health authority, or other public or private mental health care providers. (2) (a) If the Division of Substance Abuse and Mental Health, a local mental health authority, or the state hospital notifies the department that it is unable to provide mental health services under Subsection (1), the department may contract with other public or private mental health care providers to provide mental health services for persons in its custody. (b) The standards established by rule under Section 64-13-25 apply to the public or private mental health care providers with whom the department contracts under this Subsection (2). (3) A person who provides mental health services for sex offender treatment as required in Section 64-13-6 shall be licensed as a mental health professional in accordance with Title 58, Chapter 60, Mental Health Professional Practice Act, or Title 58, Chapter 61, Psychologist Licensing Act, and exhibit competency to practice in the area of sex offender treatment based on education, training, and practice.
Utah Code § 64-9b-4 — Utah Code / Title 64 / Chapter 64-9b / § 64-9b-4
§ 64-9b-4. Work to be voluntary -- Payment of prevailing wages.
Status: in_force

(1) Rehabilitative and job opportunities at the Utah state prison and participating county jails shall not be forced upon any inmate contrary to the Utah Constitution, Article XVI, Section 3 (2), but instead shall be on a completely voluntary basis. (2) Private businesses that manufacture products for sale in Utah or in interstate commerce shall pay inmates the prevailing wage for similar work in local private industry. Private businesses that provide services, agricultural products, or manufactured products for export shall pay inmates wages determined by the department, but should not displace local Utah workers as a result of their employment of inmates.
Utah Code § 64-13a-9 — Utah Code / Title 64 / Chapter 64-13a / § 64-13a-9
§ 64-13a-9. Expenses to be paid from fund.
Status: in_force

All expenditures necessary for the administration of this chapter, including the payment of all salaries, necessary overhead expenses, acquisition of assets, and raw materials shall be paid by warrants of the state drawn on the state treasurer to be paid out of the Utah Correctional Industries Fund.
Utah Code § 64-13-24 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-24
§ 64-13-24. Standards for staff training.
Status: in_force

(1) To assure the safe and professional operation of correctional programs, the department shall establish policies setting minimum standards for the basic training of all staff upon employment, and the subsequent regular training of staff, including training on appropriate supervision and trauma-informed care. (2) The training standards of correctional officers who are designated as peace officers shall be not less than those established by the Peace Officer Standards and Training Council.
Utah Code § 64-13a-8 — Utah Code / Title 64 / Chapter 64-13a / § 64-13a-8
§ 64-13a-8. Reports to governor.
Status: in_force

Utah correctional industries shall make reports to the governor concerning the administration of this chapter, as the governor may require.
Utah Code § 64-13f-103 — Utah Code / Title 64 / Chapter 64-13f / § 64-13f-103
§ 64-13f-103. Establishment of community correctional centers -- Cap -- Rulemaking -- Procedures.
Status: in_force

(1) Subject to appropriation by the Legislature, the department may: (a) establish community correctional centers throughout the state in accordance with this section; (b) project the number of offenders that may be released to community correctional centers throughout the state; and (c) establish, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a procedure to allocate offenders to community correctional centers consistent with Subsections (2), (3), and (4) and based on the number of offenders projected by the department to be released to community correctional centers under Subsection (1)(b). (2) (a) Except as provided in Subsection (2)(b) or (3), the department shall transfer offenders from a community correctional center in a county or county zone that is exceeding the county's or county zone's cap to a community correctional center in another county or county zone that is not meeting or exceeding the county's or county zone's cap. (b) A transfer under Subsection (2)(a) may occur only between community correctional centers that are currently existing and fully operational. (c) After a county or county zone transfers offenders under Subsection (2)(a), the department shall permanently reduce the total number of available beds within the county or county zone according to the number of offenders transferred to a different community correctional center under Subsection (2)(a), unless the reduction places the county or county zone below the county's or county zone's cap. (3) The department may not transfer an offender under Subsection (2)(a) unless the department determines that the transfer is in the best interest of the offender's successful re-entry into the community. (4) When opening a new community correctional center, the department shall: (a) determine which counties or county zones are operating in excess of the counties' or county zones' respective caps; (b) compare the percentages at which the counties or county zones identified in Subsection (4)(a) are operating above the counties' or county zones' respective caps; (c) use the comparison described in Subsection (4)(b) to determine the number of offenders who may be transferred from each county or county zone to the new community correctional center, giving priority to offender transfers from counties or county zones that have the highest percentages; and (d) limit the offenders who will be placed in the new community correctional center to: (i) offenders who are residents of the county or county zone within which the new community correctional center is located; or (ii) offenders for whom the placement would be in the best interest of successful re-entry into the community, as determined by the department. (5) The department shall consider the proximity of the following services to the new community correctional center when determining the placement of a new community correctional center within a county or county zone: (a) treatment services; (b) healthcare services; (c) employment services; (d) housing services; (e) transportation services; and (f) other services that contribute to an offender's successful community reintegration.
Utah Code § 64-13-36 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-36
§ 64-13-36. Testing of prisoners for AIDS and HIV infection -- Medical care -- Department authority.
Status: in_force

(1) As used in this section: (a) "Prisoner" means a person who has been adjudicated and found guilty of a criminal offense and who is in the custody of and under the jurisdiction of the department. (b) "Test" or "testing" means a test or tests for Acquired Immunodeficiency Syndrome or Human Immunodeficiency Virus infection in accordance with standards recommended by the state Department of Health. (2) (a) Within 90 days after July 1, 1989, the effective date of this act, the department shall test or provide for testing of all prisoners who are under the jurisdiction of the department, and subsequently test or provide for testing of all prisoners who are committed to the jurisdiction of the department upon admission or within a reasonable period after admission. (b) At the time test results are provided to persons tested, the department shall provide education and counseling regarding Acquired Immunodeficiency Syndrome and Human Immunodeficiency Virus infection. (3) (a) The results of tests conducted under Subsection (2) become part of the inmate's medical file, accessible only to persons designated by department rule and in accordance with any other legal requirement for reporting of Acquired Immunodeficiency Syndrome or Human Immunodeficiency Virus infection. (b) Medical and epidemiological information regarding results of tests conducted under Subsection (2) shall be provided to the state Department of Health. (4) The department has authority to take action as medically indicated with regard to any prisoner who has tested positive for Acquired Immunodeficiency Syndrome or Human Immunodeficiency Virus infection. (5) Prisoners who test positive for Acquired Immunodeficiency Syndrome or Human Immunodeficiency Virus infection may not be excluded from common areas of the prison that are accessible to other prisoners solely on the basis of that condition, unless medically necessary for protection of the general prison population or staff.
Utah Code § 64-13-46 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-46
§ 64-13-46. Pregnant inmates.
Status: in_force

(1) As used in this section: (a) "Postpartum recovery" means the period of 12 weeks after the day on which a pregnant inmate gives birth. (b) "Restraints" means any physical restraint or mechanical device used to control the movement of an inmate's body or limbs, including flex cuffs, soft restraints, shackles, or a convex shield. (c) (i) "Shackles" means metal restraints, including leg irons, belly chains, or a security or tether chain. (ii) "Shackles" does not include hard metal handcuffs. (2) The department shall ensure that each female inmate younger than 50 years old is offered, which the inmate may reject, a test for pregnancy upon admission, or within a reasonable time after admission, to a correctional facility. (3) Subject to Subsections (4) and (5), if the staff of a correctional facility knows or has reason to believe that an inmate is pregnant or is in postpartum recovery, the staff shall, when restraining the inmate at any time or location, use the least restrictive restraints necessary to ensure the safety and security of the inmate and others. (4) A correctional staff member may not use restraints on an inmate during the third trimester of pregnancy, labor, childbirth, or postpartum recovery unless a correctional staff member makes an individualized determination that there are compelling grounds to believe that the inmate presents: (a) an immediate and serious risk of harm to the inmate, the inmate's infant, medical staff, correctional staff, or the public; or (b) a substantial risk of escape that cannot reasonably be reduced by the use of other existing means. (5) Notwithstanding Subsection (4), under no circumstances may shackles, leg restraints, or waist restraints be used on an inmate during the third trimester of pregnancy, labor, childbirth, or postpartum recovery. (6) Correctional staff present during labor or childbirth shall: (a) be stationed in a location that offers the maximum privacy to the inmate, while taking into consideration safety and security concerns; and (b) be female, if practicable. (7) If a correctional staff member authorizes restraints under Subsection (3) or (4), the correctional staff member shall make a written record of the authorization and use of the restraints that includes: (a) an explanation of the grounds for the correctional staff member's authorization on the use of restraints; (b) the type of restraints that were used; and (c) the length of time the restraints were used. (8) The record described in Subsection (7): (a) shall be retained by the correctional facility for five years; (b) shall be available for public inspection with individually identifying information redacted; and (c) may not be considered a medical record under state or federal law. (9) For a minimum of 48 hours after an inmate has given birth, a correctional facility shall, if directed by the inmate's health care provider, allow the infant to remain with the inmate at the health care facility. (10) A correctional facility shall provide: (a) an inmate who is pregnant, or who has given birth within the past 12 weeks, access to a social worker to help the inmate: (i) arrange childcare; (ii) establish a reunification plan; and (iii) establish a substance abuse treatment plan, if needed; and (b) an inmate in postpartum recovery access to postpartum care during the entire period of postpartum recovery. (11) The department may not create or operate a nursery in a correctional facility to provide space for a female inmate and the inmate's child.
Utah Code § 64-13-21.5 — Utah Code / Title 64 / Chapter 64-13 / § 64-13-21.5
§ 64-13-21.5. Powers of correctional officers and POST certified correctional enforcement or investigation officers.
Status: in_force

(1) Employees of the department who are designated by the executive director as correctional officers may exercise the powers and authority of a correctional officer as needed to properly carry out the following functions: (a) performing the officer's duties within the boundaries of a correctional facility; (b) supervising an offender during transportation; (c) when in fresh pursuit of an offender who has escaped from the custody of the department; or (d) when requested to assist a local, state, or federal law enforcement agency. (2) Employees of the department who are POST certified as law enforcement officers or correctional officers and who are designated as correctional enforcement or investigation officers have the following duties as specified by the executive director: (a) providing investigative services for the department; (b) conducting criminal investigations and operations in cooperation with state, local, and federal law enforcement agencies; and (c) providing security and enforcement for the department.