2023 Utah Code › Title 64 - State Institutions › Chapter 13 - Department of Corrections - State Prison › Section 25 - Standards for programs -- Audits.

Effective 5/3/2023
64-13-25.
Standards for programs -- Audits.
(1)
(a) To promote accountability and to ensure safe and professional operation of correctional programs, the department shall establish minimum standards for the organization and operation of the department's programs, including collaborating with the Department of Health and Human Services to establish minimum standards for programs providing assistance for individuals involved in the criminal justice system.
(b)
(i) The department shall promulgate the standards according to state rulemaking provisions.
(ii) Those standards that apply to offenders are exempt from the provisions of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(iii) Offenders are not a class of persons under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) The standards shall provide for inquiring into and processing offender complaints.
(d)
(i) The department shall establish minimum standards and qualifications for treatment programs provided in county jails to which persons committed to the state prison are placed by jail contract under Section 64-13e-103.
(ii) In establishing the standards and qualifications for the treatment programs, the department shall:
(A) consult and collaborate with the county sheriffs and the Office of Substance Use and Mental Health; and
(B) include programs demonstrated by recognized scientific research to reduce recidivism by addressing an offender's criminal risk factors as determined by a risk and needs assessment.
(iii) All jails contracting to house offenders committed to the state prison shall meet the minimum standards for treatment programs as established under this Subsection (1)(d).
(e)
(i) The department shall establish minimum standards for sex offense treatment, which shall include the requirements under Subsection 64-13-7.5(3) regarding licensure and competency.
(ii) The standards shall require the use of evidence-based practices to address criminal risk factors as determined by validated assessments.
(iii) The department shall collaborate with the Office of Substance Use and Mental Health to develop and effectively distribute the standards to jails and to mental health professionals who desire to provide mental health treatment for sex offenders.
(iv) The department shall establish the standards by administrative rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
(a) The department shall establish a certification process for public and private providers of treatment for sex offenders on probation or parole that requires the providers' sex offense treatment practices meet the standards and practices established under Subsection (1)(e)(i) with the goal of reducing sex offender recidivism.
(b) The department shall collaborate with the Office of Substance Use and Mental Health to develop, coordinate, and implement the certification process.
(c) The department shall base the certification process on the standards under Subsection (1)(e)(i) and require renewal of certification every two years.
(d) All public and private providers of sex offense treatment, including those providing treatment to offenders housed in county jails by contract under Section 64-13e-103, shall comply with the standards in order to begin receiving or continue receiving payment from the department to provide sex offense treatment.
(e) The department shall establish the certification program by administrative rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3)
(a) The department shall establish an audit process to ensure compliance with sex offense and substance use treatment standards established under this section in accordance with the department's policies and procedures.
(b) At least every three years, the department shall internally audit sex offense and substance use treatment programs for compliance with standards established under this section.
(c) The individuals undertaking the audit shall provide a written report to the managers of the programs audited and to the executive director of the department.
(d) The department's internal audit reports shall:
(i) be classified as confidential internal working papers; and
(ii) be accessible at the discretion of the executive director or the governor, or upon court order.
(4) The department:
(a) shall establish performance goals and outcome measurements for all programs that are subject to the minimum standards established under this section and collect data to analyze and evaluate whether the goals and measurements are attained;
(b) shall collaborate with the Office of Substance Use and Mental Health to develop and coordinate the performance goals and outcome measurements, including recidivism rates and treatment success and failure rates;
(c) may use the data collected under Subsection (4)(b) to make decisions on the use of funds to provide treatment for which standards are established under this section;
(d) shall collaborate with the Office of Substance Use and Mental Health to track a subgroup of participants to determine if there is a net positive result from the use of treatment as an alternative to incarceration;
(e) shall collaborate with the Office of Substance Use and Mental Health to evaluate the costs, including any additional costs, and the resources needed to attain the performance goals established for the use of treatment as an alternative to incarceration; and
(f) shall annually provide data collected under this Subsection (4) to the State Commission on Criminal and Juvenile Justice on or before August 31.
(5) The State Commission on Criminal and Juvenile Justice shall compile a written report of the findings based on the data collected under Subsection (4) and provide the report to the legislative Judiciary Interim Committee, the Health and Human Services Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the related appropriations subcommittees.
Amended by Chapter 155, 2023 General Session