reglab/housing_qa huggingface dataset:
UT Code § 64-13-21.2 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 21.2 - Offender supervision dedicated credits.

64-13-21.2. Offender supervision dedicated credits.  All money received from the monthly supervision fee established in Subsection 64-13-21(3) shall be deposited in the General Fund as a parole and probation dedicated credit and shall be used to cover costs incurred in the collection of the fee and in the development of offender supervision programs.  Amended by Chapter 391, 2010 General Session
UT Code § 64-13-21.5 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 21.5 - Powers of correctional officers and POST certified correctional enforcement or investigation officers.

64-13-21.5. Powers of correctional officers and POST certified correctional enforcement or investigation officers.    (1) Employees of the department who are designated by the executive director as correctional officers may exercise the powers and authority of a peace officer only when 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.      Amended by Chapter 282, 1998 General Session
UT Code § 64-13-23 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 23 - Offender's income and finances.

 Effective 7/1/2021  64-13-23. Offender's income and finances.    (1) The department may require each offender, while in the custody of the department or while on probation or parole, to place funds received or earned by the offender from any source into:   (a) an account administered by the department; or     (b) a joint account with the department at a federally insured financial institution.       (2) The department may require each offender to maintain a minimum balance in an account under Subsection (1) for the particular offender's use upon:   (a) discharge from the custody of the department; or     (b) completion of parole or probation.       (3) If the funds are placed in a joint account at a federally insured financial institution:   (a) any interest accrues to the benefit of the offender account; and     (b) the department may require that the signatures of both the offender and a departmental representative be submitted to the financial institution to withdraw funds from the account.       (4) If the funds are placed in an account administered by the department, the department may by rule designate:   (a) a certain portion of the offender's funds as interest-bearing savings; and     (b) a portion of the offender's funds as noninterest-bearing to be used for day-to-day expenses.       (5) The department may withhold part of the offender's funds in an account under Subsection (1) for expenses of:   (a) supervision or treatment;     (b) restitution, reparation, fines, alimony, support payments, or similar court-ordered payments;     (c) obtaining the offender's DNA specimen, if the offender is required under Section 53-10-404 to provide a specimen;     (d) department-ordered repayment of a fine that is incurred under Section 64-13-33; and     (e) any other debt to the state.       (6)   (a) An offender may not be granted free process in civil actions, including petitions for a writ of habeas corpus, if, at any time from the date the cause of action arose through the date the cause of action remains pending, there are any funds in an account under Subsection (1) that have not been withheld or are not subject to withholding under Subsection (4) or (5).     (b) The amount assessed for the filing fee, service of process and other fees and costs shall not exceed the total amount of funds the offender has in excess of the indigence threshold established by the department but not less than $25 including the withholdings under Subsection (4) or (5) during the identified period of time.     (c) The amounts assessed shall not exceed the regular fees and costs provided by law.       (7) The department may disclose information on offender accounts to the Office of Recovery Services and other appropriate state agencies.    Amended by Chapter 260, 2021 General Session
UT Code § 64-13-24 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 24 - Standards for staff training.

 Effective 5/5/2021  64-13-24. Standards for staff training.  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 direct supervision and trauma-informed care. 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. Amended by Chapter 246, 2021 General Session
UT Code § 64-13-26 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 26 - Private providers of services.

 Effective 5/12/2015  64-13-26. Private providers of services.    (1) The department may contract with private providers or other agencies for the provision of care, treatment, and supervision of offenders committed to the care and custody of the department.     (2)   (a) The department shall:   (i) establish standards for the operation of the programs;     (ii) establish standards pursuant to Section 64-13-25 regarding program standards; and     (iii) annually review the programs for compliance.       (b) The reviews shall be classified as confidential internal working papers.     (c) Access to records regarding the reviews is available upon the discretion of the executive director or the governor, or upon court order.      Amended by Chapter 412, 2015 General Session
UT Code § 64-13-27 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 27 - Records -- Access.

64-13-27. Records -- Access.    (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.    Amended by Chapter 263, 1998 General Session
UT Code § 64-13-30 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 30 - Expenses incurred by offenders -- Payment to department or county jail -- Medical care expenses and copayments.

 Effective 5/10/2016  64-13-30. Expenses incurred by offenders -- Payment to department or county jail -- Medical care expenses and copayments.    (1)   (a) The department or county jail may require an inmate to make a copayment for medical and dental services provided by the department or county jail.     (b) For services provided while in the custody of the department, the copayment by the inmate is $5 for primary medical care, $5 for dental care, and $2 for prescription medication.     (c) For services provided outside of a prison facility while in the custody of the department, the offender is responsible for 10% of the costs associated with hospital care with a cap on an inmate's share of hospital care expenses not to exceed $2,000 per fiscal year.       (2)   (a) An inmate who has assets exceeding $200,000, as determined by the department upon entry into the department's custody, is responsible to pay the costs of all medical and dental care up to 20% of the inmate's total determined asset value.     (b) After an inmate has received medical and dental care equal to 20% of the inmate's total asset value, the inmate is subject to the copayments provided in Subsection (1).       (3) The department shall turn over to the Office of State Debt Collection any debt under this section that is unpaid at the time the offender is released from parole.     (4) An inmate may not be denied medical treatment if the inmate is unable to pay for the treatment because of inadequate financial resources.     (5) When an offender in the custody of the department receives medical care that is provided outside of a prison facility, the department shall pay the costs:   (a) at the contracted rate; or     (b)   (i) if there is no contract between the department and a health care facility that establishes a fee schedule for medical services rendered, expenses shall be at the noncapitated state Medicaid rate in effect at the time the service was provided; and     (ii) if there is no contract between the department and a health care provider that establishes a fee schedule for medical services rendered, expenses shall be 65% of the amount that would be paid under the Public Employees' Benefit and Insurance Program, created in Section 49-20-103.         (6) Expenses described in Subsection (5) are a cost to the department only to the extent that they exceed an offender's private insurance that is in effect at the time of the service and that covers those expenses.     (7)   (a) The Public Employees' Benefit and Insurance Program shall provide information to the department that enables the department to calculate the amount to be paid to a health care provider under Subsection (5)(b).     (b) The department shall ensure that information provided under Subsection (7)(a) is confidential.      Amended by Chapter 243, 2016 General Session
UT Code § 64-13-30.5 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 30.5 - Payment by inmate for postsecondary educational tuition.

64-13-30.5. Payment by inmate for postsecondary educational tuition.    (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.    Enacted by Chapter 258, 2009 General Session
UT Code § 64-13-31 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 31 - Emergencies.

64-13-31. Emergencies.  In the case of riots, disturbances, or other emergencies at correctional facilities, the Department of Corrections has authority to direct the resolution of the emergencies. The department may request and coordinate the assistance of other state and local agencies in responding to the emergencies.  Amended by Chapter 116, 1987 General Session
UT Code § 64-13-32 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 32 - Discipline of offenders -- Use of force.

64-13-32. Discipline of offenders -- Use of 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 he reasonably believes deadly force is necessary to apprehend the inmate.    Amended by Chapter 49, 1993 General Session
UT Code § 64-13-33 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 33 - Fines for violation of department rules -- Debt collection.

 Effective 7/1/2021  64-13-33. Fines for violation of department rules -- Debt collection.    (1)   (a) Following an administrative hearing, the department is authorized to:   (i) assess a reasonable fine against the offender for expenses incurred by the department as a result of the offender's violation of department rules; and     (ii) require repayment from the offender for the fine under Subsection (1)(a)(i).       (b) The department is authorized to require payment from the offender's account or to place a hold on the offender's account to secure compliance with this section.       (2) The department shall turn over to the Office of State Debt Collection any debt under this section that is unpaid at the time that the offender is released from parole.    Amended by Chapter 260, 2021 General Session
UT Code § 64-13-34 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 34 - Safety of offenders.

64-13-34. Safety of offenders.  In case of disaster or acts of God that threaten the safety of inmates or the security of a secure correctional facility, inmates may be moved to a suitable place of security. Inmates shall be returned to a correctional facility as soon as it is practicable.  Amended by Chapter 116, 1987 General Session
UT Code § 64-13-36 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 36 - Testing of prisoners for AIDS and HIV infection -- Medical care -- Department authority.

64-13-36. Testing of prisoners for AIDS and HIV infection -- Medical care -- Department authority.    (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.    Amended by Chapter 12, 1994 General SessionAmended by Chapter 148, 1994 General Session
UT Code § 64-13-37 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 37 - Department authorized to test offenders for communicable disease.

64-13-37. Department authorized to test offenders for communicable disease.    (1) As used in this section, "communicable disease" means:   (a) an illness due to a specific infectious agent or its toxic products, which arises through transmission of that agent or its products from a reservoir to a susceptible host either directly, as from an infected person or animal, or indirectly, through an intermediate plant or animal host, vector, or the inanimate environment; and     (b) a disease designated by the Department of Health by rule as a communicable disease in accordance with Section 26-6-7.       (2) The department may:   (a) test an offender for a communicable disease upon admission or within a reasonable time after admission to a correctional facility; and     (b) periodically retest the offender for a communicable disease during the time the offender is in the custody of the department.      Enacted by Chapter 277, 1993 General Session
UT Code § 64-13-38 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 38 - Emergency release due to overcrowding.

64-13-38. Emergency release due to overcrowding.    (1) Definitions:   (a) "Maximum capacity" means every physical and funded prison bed is occupied by an inmate.     (b) "Operational capacity" means 96.5% of every physical and funded bed is occupied by an inmate.     (c) "Emergency release capacity" means 98% of every physical and funded bed is occupied by an inmate.       (2) When the executive director of the department finds that either the male or female inmate population of the Utah State Prison has exceeded operational capacity for at least 45 consecutive days, the executive director shall notify the governor, the legislative leadership, and the Board of Pardons and Parole that the department is approaching an overcrowding emergency and provide them with information relevant to that determination.     (3) When the executive director of the department finds that either the male or female inmate population of the Utah State Prison has exceeded emergency release capacity for at least 45 consecutive days, the executive director shall:   (a) notify the governor and the legislative leadership that the emergency release capacity has been reached and provide them with information relevant to that determination; and     (b) notify the Board of Pardons and Parole that the emergency release capacity has been reached so that the board may commence the emergency release process pursuant to Subsection (4).       (4) Upon the department's notifying the governor and the legislative leadership of the emergency release capacity under Subsection (3), the department shall:   (a) notify the Board of Pardons and Parole of the number of inmates who need to be released in order to return the prison inmate population to operational capacity; and     (b) in cooperation and consultation with the Board of Pardons and Parole, compile a list of inmates, the release of whom would be sufficient to return the prison inmate population to operational capacity.       (5) After 45 consecutive days of emergency release capacity, the Board of Pardons and Parole may order the release of a sufficient number of inmates identified under Subsection (4) to return the prison inmate population to operational capacity.     (6) The department shall inform the governor and the legislative leadership when the emergency release has been completed.     (7) The Board of Pardons and Parole shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of this section.    Amended by Chapter 21, 2012 General Session
UT Code § 64-13-39 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 39 - Standards for health care facilities.

64-13-39. Standards for health care facilities.  All health care facilities, as defined in Section 26-21-2, owned or operated by the department shall apply for and meet the requirements for accreditation by the National Commission for Correctional Health Care. The department shall begin the application process in a timely manner to facilitate accreditation of the health care facilities of the department on or before January 1, 1996. Inspections to ensure compliance and accreditation shall be conducted by staff of the national commission.  Enacted by Chapter 353, 1995 General Session
UT Code § 64-13-39.6 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 39.6 - Penalty.

64-13-39.6. Penalty.  Any person who willfully violates Subsection 64-13-39.5(3) is guilty of a class B misdemeanor.  Enacted by Chapter 343, 2007 General Session