reglab/housing_qa huggingface dataset:
UT Code § 64-13-42 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 42 - Prison Telephone Surcharge Account -- Funding inmate and offender education and training programs.

 Effective 3/22/2018  64-13-42. Prison Telephone Surcharge Account -- Funding inmate and offender education and training programs.    (1)   (a) There is created within the General Fund a restricted account known as the Prison Telephone Surcharge Account.     (b) The Prison Telephone Surcharge Account consists of:   (i) beginning July 1, 2006, revenue generated by the state from pay telephone services located at any correctional facility as defined in Section 64-13-1;     (ii) interest on account money;     (iii)   (A) money paid by inmates participating in postsecondary education provided by the department; and     (B) money repaid by former inmates who have a written agreement with the department to pay for a specified portion of the tuition costs under the department's deferred tuition payment program;       (iv) money collected by the Office of State Debt Collection for debt described in Subsection (1)(b)(iii); and     (v) money appropriated by the Legislature.         (2) Upon appropriation by the Legislature, money from the Prison Telephone Surcharge Account shall be used by the department for education and training programs for offenders and inmates as defined in Section 64-13-1.    Amended by Chapter 415, 2018 General Session
UT Code § 64-13-43 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 43 - Use of state vehicles by department personnel.

64-13-43. Use of state vehicles by department personnel.  The department executive director may authorize the use of a state vehicle for official and commute purposes for a department employee who:  (1) supervises probationers or parolees; or     (2) investigates the criminal activity of inmates, probationers, or parolees.    Enacted by Chapter 368, 2008 General Session
UT Code § 64-13-44 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 44 - Posthumous organ donations by inmates.

64-13-44. Posthumous organ donations by inmates.    (1) As used in this section:   (a) "Document of gift" has the same meaning as in Section 26-28-102.     (b) "Sign" has the same meaning as in Section 26-28-102.       (2)   (a) The Utah Department of Corrections shall make available to each inmate a document of gift form that allows an inmate to indicate the inmate's desire to make an anatomical gift if the inmate dies while in the custody of the department.     (b) If the inmate chooses to make an anatomical gift after death, the inmate shall complete a document of gift in accordance with the requirements of Title 26, Chapter 28, Revised Uniform Anatomical Gift Act.     (c) The department shall maintain a record of the document of gift that an inmate provides to the department.       (3) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, the department may, upon request, release to an organ procurement organization, as defined in Section 26-28-102, the names and addresses of all inmates who complete and sign the document of gift form indicating they intend to make an anatomical gift.     (4) The making of an anatomical gift by an inmate under this section shall comply with Title 26, Chapter 28, Revised Uniform Anatomical Gift Act.     (5) Notwithstanding anything in this section, the department shall not be considered to be an inmate's "guardian" for the purposes of Title 26, Chapter 28, Revised Uniform Anatomical Gift Act.    Enacted by Chapter 256, 2013 General Session
UT Code § 64-13-45 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 45 - Department reporting requirements.

 Effective 5/14/2019  64-13-45. Department reporting requirements.    (1) As used in this section:   (a)   (i) "In-custody death" means an inmate death that occurs while the inmate is in the custody of the department.     (ii) "In-custody death" includes an inmate death that occurs while the inmate is:   (A) being transported for medical care; or     (B) receiving medical care outside of a correctional facility, other than a county jail.         (b) "Inmate" means an individual who is processed or booked into custody or housed in the department or a correctional facility other than a county jail.     (c) "Opiate" means the same as that term is defined in Section 58-37-2.       (2) The department shall submit a report to the Commission on Criminal and Juvenile Justice, created in Section 63M-7-201, before June 15 of each year that includes:   (a) the number of in-custody deaths that occurred during the preceding calendar year, including:   (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of each of the in-custody deaths described in Subsection (2)(a); and     (ii) the department's policy for notifying an inmate's next of kin after the inmate's in-custody death;       (b) the department policies, procedures, and protocols:   (i) for treatment of an inmate experiencing withdrawal from alcohol or substance use, including use of opiates;     (ii) that relate to the department's provision, or lack of provision, of medications used to treat, mitigate, or address an inmate's symptoms of withdrawal, including methadone and all forms of buprenorphine and naltrexone; and     (iii) that relate to screening, assessment, and treatment of an inmate for a substance use disorder or mental health disorder;       (c) the number of inmates who gave birth and were restrained in accordance with Section 64-13-46, including:   (i) the types of restraints used; and     (ii) whether the use of restraints was to prevent escape or to ensure the safety of the inmate, medical or corrections staff, or the public; and       (d) any report the department provides or is required to provide under federal law or regulation relating to inmate deaths.       (3) The Commission on Criminal and Juvenile Justice shall:   (a) compile the information from the reports described in Subsection (2);     (b) omit or redact any identifying information of an inmate in the compilation to the extent omission or redaction is necessary to comply with state and federal law ; and     (c) submit the compilation to the Law Enforcement and Criminal Justice Interim Committee and the Utah Substance Use and Mental Health Advisory Council before November 1 of each year.       (4) The Commission on Criminal and Juvenile Justice may not provide access to or use the department's policies, procedures, or protocols submitted under this section in a manner or for a purpose not described in this section.    Amended by Chapter 311, 2019 General SessionAmended by Chapter 385, 2019 General Session
UT Code § 64-13-46 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13 - Department of Corrections - State Prison|Section 46 - Pregnant inmates.

 Effective 5/14/2019  64-13-46. Pregnant inmates.    (1) If the staff of a correctional facility knows or has reason to believe that an inmate is pregnant, the staff, when restraining the inmate, shall use the least restrictive restraints necessary to ensure the safety and security of the inmate and others. This requirement shall continue during postpartum recovery and any transport to or from a correctional facility.     (2) The staff of a correctional facility may not use restraints on an inmate during labor and childbirth 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 herself, 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.       (3) Notwithstanding Subsection (1) or (2), under no circumstances may shackles, leg restraints, or waist restraints be used on an inmate during labor and childbirth or postpartum recovery while in a medical facility.     (4) 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.       (5) If restraints are authorized under Subsection (1) or (2), a written record of the decision and use of the restraints shall be made that includes:   (a) the correctional staff member's determination on the use of restraints;     (b) the circumstances that necessitated the use of restraints;     (c) the type of restraints that were used; and     (d) the length of time the restraints were used.       (6) The record created in Subsection (5):   (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.       (7) As used in this section:   (a) "Postpartum recovery" means, as determined by her physician, the period immediately following delivery, including the entire period a woman is in the hospital or medical facility after 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) "Shackles" means metal or iron restraints and includes hard metal handcuffs, leg irons, belly chains, or a security or tether chain.      Enacted by Chapter 385, 2019 General Session
UT Code § 64-13a-1 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13a - Utah Correctional Industries Act|Section 1 - Title.

64-13a-1. Title.  This act is known as the "Utah Correctional Industries Act."  Enacted by Chapter 201, 1985 General Session
UT Code § 64-13a-2 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13a - Utah Correctional Industries Act|Section 2 - Legislative intent.

64-13a-2. Legislative intent.  It is the intent of the Legislature in this chapter to:  (1) create a Division of Correctional Industries which:   (a) is a self-supporting organization;     (b) is profit-oriented;     (c) generates revenue for its operations and capital investment; and     (d) assumes responsibility for training offenders in general work habits, work skills, and specific training skills that increase their employment prospects when released;       (2) provide an environment for the operation of correctional industries that closely resembles the environment for the business operations of a private corporate entity;     (3) make the Division of Correctional Industries responsible for and accountable to the Legislature and to the governor for correctional industries programs in this state.    Enacted by Chapter 201, 1985 General Session
UT Code § 64-13a-3 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13a - Utah Correctional Industries Act|Section 3 - Definitions.

64-13a-3. Definitions.  As used in this chapter "division" means the Division of Correctional Industries.  Amended by Chapter 36, 2003 General Session
UT Code § 64-13a-4 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13a - Utah Correctional Industries Act|Section 4 - Creation of division -- Authority of director.

64-13a-4. Creation of division -- Authority of director.  There is created in the Department of Corrections the Division of Correctional Industries, which shall be under the direction of the director of correctional industries, who shall be appointed by the director of the Department of Corrections. The director of correctional industries shall have considerable business operations experience, including the supervision and management of production operations, and has the authority to:  (1) determine the personnel needs and requirements of the program;     (2) hire all subordinate personnel in accordance with state policy and procedures; and     (3) market and deliver correctional industry products and services.    Enacted by Chapter 201, 1985 General Session
UT Code § 64-13a-7 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13a - Utah Correctional Industries Act|Section 7 - Prison industry properties belong to state.

64-13a-7. Prison industry properties belong to state.  All money received by prison industries in the administration of this chapter, except as otherwise provided, together with all property acquired, administered, possessed, or received by prison industries are the property of the state, and all expenses, debts, and liabilities incurred by prison industries in connection with the administration of this chapter shall be paid from the Utah Correctional Industries Fund.  Enacted by Chapter 201, 1985 General Session
UT Code § 64-13a-8 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13a - Utah Correctional Industries Act|Section 8 - Reports to governor.

64-13a-8. Reports to governor.  Utah correctional industries shall make reports to the governor concerning the administration of this chapter, as the governor may require.  Amended by Chapter 135, 1997 General Session
UT Code § 64-13a-9 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13a - Utah Correctional Industries Act|Section 9 - Expenses to be paid from fund.

64-13a-9. Expenses to be paid from fund.  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.  Enacted by Chapter 201, 1985 General Session
UT Code § 64-13a-10 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13a - Utah Correctional Industries Act|Section 10 - Payment of accounts.

64-13a-10. Payment of accounts.  All accounts payable by Utah correctional industries shall be preaudited by a person designated by the Utah Correctional Industries Division. Requisitions for payment of accounts shall be signed and countersigned by persons designated by the Utah Correctional Industries Division.  Enacted by Chapter 201, 1985 General Session
UT Code § 64-13a-11 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13a - Utah Correctional Industries Act|Section 11 - Financial statements.

64-13a-11. Financial statements.  The financial statements of the Utah Correctional Industries Division shall be made up quarterly to the last day of September, December, March, and June in each year, and at other times as determined by the governor, and in every case Utah correctional industries shall prepare a balance sheet, income statement, and statement of changes in financial position.  Enacted by Chapter 201, 1985 General Session
UT Code § 64-13a-12 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13a - Utah Correctional Industries Act|Section 12 - Audit of financial statements.

64-13a-12. Audit of financial statements.  The financial statements of the fund may be audited annually by the state auditor or by another person, firm, or corporation the state auditor may appoint.  Amended by Chapter 135, 1997 General SessionAmended by Chapter 169, 1997 General Session
UT Code § 64-13a-13 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13a - Utah Correctional Industries Act|Section 13 - Purchases of material -- Exemption.

64-13a-13. Purchases of material -- Exemption.    (1) The Division of Correctional Industries is exempt from the provisions of Title 63G, Chapter 6a, Utah Procurement Code, in respect to goods or services purchased by or sold to the department.     (2) The purchase of raw materials for use by the division in manufacturing or processing products for resale is exempt from the powers and duties of the state purchasing agent.    Amended by Chapter 347, 2012 General Session
UT Code § 64-13a-14 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13a - Utah Correctional Industries Act|Section 14 - Hearings.

64-13a-14. Hearings.    (1) Pursuant to Section 64-13a-2, the Department of Corrections shall provide an opportunity for persons or organizations affected by the establishment of new industry programs or product lines to appear and present testimony concerning the plans and activities of the Division of Correctional Industries.     (2) No new industrial, agricultural, or service enterprise which involves gross annual sales of more than $100,000 may be established unless and until a hearing concerning the enterprise has been held by the department.     (3) The department shall take into consideration the effect of a proposed enterprise on Utah industry and may not approve the establishment of the enterprise if it would have a comprehensive and substantial adverse impact on a particular Utah business, enterprise, or industry.    Amended by Chapter 224, 1989 General Session
UT Code § 64-13d-101 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13d - Private Correctional Facilities Act|Section 101 - Title.

64-13d-101. Title.  This chapter is known as the "Private Correctional Facilities Act."  Enacted by Chapter 288, 1999 General Session
UT Code § 64-13d-102 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13d - Private Correctional Facilities Act|Section 102 - Definitions.

64-13d-102. Definitions.    (1) As used in this chapter:   (a) "Contractor" means a private entity seeking to contract with or currently contracting with the department to establish or operate a private correctional facility.     (b) "Correctional services" means those services necessary for the operation of a correctional facility, including the provision of food, clothing, security, programs, and health care.     (c) "Facility" means a private correctional facility established or operated under a contract with the department.       (2) The definitions used under Section 64-13-1 apply to this chapter.    Enacted by Chapter 288, 1999 General Session
UT Code § 64-13d-103 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13d - Private Correctional Facilities Act|Section 103 - Private contracts.

64-13d-103. Private contracts.    (1) The department may contract with a contractor to finance, acquire, construct, lease, or provide full or partial correctional services.     (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.      Enacted by Chapter 288, 1999 General Session
UT Code § 64-13d-104 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13d - Private Correctional Facilities Act|Section 104 - Use of force -- Private prison employees.

64-13d-104. Use of force -- Private prison employees.    (1) Employees of a facility contractor may use reasonable force to the extent allowed by state law. The use of force, power, and authority shall be limited to:   (a) the grounds of a facility operated in whole or in part by their employer;     (b) when transporting inmates; and     (c) when pursuing escapees from the facility.       (2) Training standards for employees of a contractor shall be in accordance with the standards in Section 64-13-24.     (3) Subsection (2) does not confer peace officer status on the contractor or its employees.    Enacted by Chapter 288, 1999 General Session
UT Code § 64-13d-105 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13d - Private Correctional Facilities Act|Section 105 - Restricted powers and duties of contractors.

64-13d-105. Restricted powers and duties of contractors.    (1) A contract for correctional services may not authorize a contractor to perform the following:   (a) calculate or establish inmate release and parole eligibility dates;     (b) grant, deny, or revoke sentence credit;     (c) approve inmates for furlough, work release, or parole; or     (d) approve the types of work inmates may perform.       (2) A contractor shall reimburse amounts incurred by local and state agencies for providing assistance with riots, escapes, transportation, medical services, and legal services regarding the operation of the facility.     (3) A contractor shall have in place a written plan approved by the department regarding the reporting and management of escapes, riots, and other emergency situations.    Enacted by Chapter 288, 1999 General Session
UT Code § 64-13d-106 (2021)
2021 Utah Code|Title 64 - State Institutions|Chapter 13d - Private Correctional Facilities Act|Section 106 - Monitoring contracts.

64-13d-106. Monitoring contracts.    (1) The executive director or his designee shall monitor the performance of all facilities incarcerating inmates under the jurisdiction of the department.     (2) The executive director or his designee shall have unlimited access to all facilities, records, and staff for monitoring purposes.     (3) The executive director may appoint a monitor to inspect a facility. The monitor shall have unlimited access to all facilities, records, and staff for monitoring purposes.     (4) The department shall be reimbursed by the entity operating the facility for that portion of the salary and expenses of the monitor attributable to monitoring the particular facility.     (5) Monitoring consists of ensuring that:   (a) all state laws, department rules, and contractual obligations applicable to the facility are being met; and     (b) all operations are effective, efficient, and economical.      Enacted by Chapter 288, 1999 General Session