reglab/statecodes huggingface dataset:
2023 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
2023 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
2023 Utah Code › Title 64 - State Institutions › Chapter 13 - Department of Corrections - State Prison › Section 26 - Private providers of services.

Effective 5/4/2022
64-13-26.
Private providers of services.
(1) Subject to Subsection 64-13-21(1)(b), the department may contract with a private provider or another agency for the provision of care, treatment, and supervision of an offender 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 under Section 64-13-25 regarding program standards; and
(iii) annually review the programs for compliance.
(b) The reviews described in Subsection (2)(a) 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 187, 2022 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 Session
Amended by Chapter 148, 1994 General Session
2023 Utah Code › Title 64 - State Institutions › Chapter 13 - Department of Corrections - State Prison › Section 37 - Department authorized to test offenders for communicable disease.

Effective 5/3/2023
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 and Human Services by rule as a communicable disease in accordance with Section 26B-7-207.
(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.
Amended by Chapter 330, 2023 General Session
2023 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
2023 Utah Code › Title 64 - State Institutions › Chapter 13 - Department of Corrections - State Prison › Section 39 - Standards for health care facilities.

Effective 5/3/2023
64-13-39.
Standards for health care facilities.
All health care facilities, as defined in Section 26B-2-201, 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.
Amended by Chapter 330, 2023 General Session
2023 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
2023 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
2023 Utah Code › Title 64 - State Institutions › Chapter 13 - Department of Corrections - State Prison › Section 44 - Posthumous organ donations by inmates.

Effective 5/3/2023
64-13-44.
Posthumous organ donations by inmates.
(1) As used in this section:
(a) "Document of gift" means the same as that term is defined in Section 26B-8-301.
(b) "Sign" means the same as that term is defined in Section 26B-8-301.
(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 26B, Chapter 8, Part 3, 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 26B-8-301, 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 26B, Chapter 8, Part 3, 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 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act.
Amended by Chapter 330, 2023 General Session
2023 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 Session
Amended by Chapter 385, 2019 General Session
2023 Utah Code › Title 64 - State Institutions › Chapter 13 - Department of Corrections - State Prison › Section 46.5 - Correctional facility nursery.

Affected by 63I-1-264 on 7/1/2026
Effective 5/3/2023
64-13-46.5.
Correctional facility nursery.
(1) As used in this section:
(a) "Incarcerated mother" means an inmate who gives birth after entering the department's custody.
(b) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
(2) If, using existing appropriations, the department creates a nursery in a correctional facility to provide space for incarcerated mothers and infants, the department may not:
(a) subject to Subsection (4)(a)(i), provide space in a nursery for an infant 19 months old or older;
(b) begin or continue operating the nursery unless the Department of Health and Human Services certifies that the nursery is in compliance with the rules established under Section 26B-1-434; or
(c) subject to Subsection (4)(a)(ii), provide space in a nursery established by the department for an incarcerated mother who has been convicted of, or has charges pending for, a violent felony, including attempt, solicitation, or conspiracy to commit the violent felony.
(3) If the department establishes a nursery under Subsection (2), the department shall ensure that at least one administrator of the nursery has experience or training in early childhood development.
(4) The department may:
(a) in accordance with Section 26B-1-434, request that the Correctional Postnatal and Early Childhood Advisory Board authorize:
(i) an infant who is 24 months old or younger to remain in a nursery; or
(ii) an incarcerated mother who has committed a violent felony to be provided space in a nursery; and
(b) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the eligibility requirements for an incarcerated mother to enter any nursery established by the department.
Enacted by Chapter 420, 2023 General Session
2023 Utah Code › Title 64 - State Institutions › Chapter 13 - Department of Corrections - State Prison › Section 49 - Inmate medical notification.

Effective 5/3/2023
64-13-49.
Inmate medical notification.
(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.
Enacted by Chapter 322, 2023 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 Session
Amended by Chapter 169, 1997 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 64 - State Institutions › Chapter 13d - Private Correctional Facilities Act › Section 107 - Facility construction -- Housing out-of-state inmates.

64-13d-107.
Facility construction -- Housing out-of-state inmates.
(1) A contractor may not expand its original housing capacity without the approval of the:
(a) Legislature; and
(b) county or municipal legislative body within whose jurisdiction the facility is located.
(2) A contractor may not incarcerate out-of-state inmates in a facility operated in the state, except in accordance with any interstate compact of which Utah is a party.
Enacted by Chapter 288, 1999 General Session
2023 Utah Code › Title 64 - State Institutions › Chapter 13e - County Correctional Facility Contracting and Reimbursement › Section 102 - Definitions.

Effective 7/1/2023
64-13e-102.
Definitions.
As used in this chapter:
(1) "Actual county daily incarceration rate" means the median amount of jail daily incarceration costs based on the data submitted by counties in accordance with Subsection 64-13e-104(6)(b).
(2) "Alternative treatment program" means:
(a) an evidence-based cognitive behavioral therapy program; or
(b) a certificate-based program provided by:
(i) an institution of higher education described in Subsection 53B-1-102(1)(b); or
(ii) a degree-granting institution acting in the degree-granting institution's technical education role described in Section 53B-2a-201.
(3) "Annual inmate jail days" means the total number of state probationary inmates housed in a county jail each day for the preceding fiscal year.
(4) "CCJJ" means the State Commission on Criminal and Juvenile Justice, created in Section 63M-7-201.
(5) "Department" means the Department of Corrections, created in Section 64-13-2.
(6) "Division of Finance" means the Division of Finance, created in Section 63A-3-101.
(7) "Final county daily incarceration rate" means the amount equal to:
(a) the amount appropriated by the Legislature for the purpose of making payments to counties under Section 64-13e-104; divided by
(b) the average annual inmate jail days for the preceding five fiscal years.
(8) "Jail daily incarceration costs" means the following daily costs incurred by a county jail for housing a state probationary inmate on behalf of the department:
(a) executive overhead;
(b) administrative overhead;
(c) transportation overhead;
(d) division overhead; and
(e) motor pool expenses.
(9) "State daily incarceration rate" means the average daily incarceration rate, calculated by the department based on the previous three fiscal years, that reflects the following expenses incurred by the department for housing an inmate:
(a) executive overhead;
(b) administrative overhead;
(c) transportation overhead;
(d) division overhead; and
(e) motor pool expenses.
(10) "State inmate" means an individual, other than a state probationary inmate or state parole inmate, who is committed to the custody of the department.
(11) "State parole inmate" means an individual who is:
(a) on parole, as defined in Section 77-27-1; and
(b) housed in a county correctional facility for a reason related to the individual's parole.
(12) "State probationary inmate" means a felony probationer sentenced to time in a county correctional facility under Subsection 77-18-105(6).
(13) "Treatment program" means:
(a) an alcohol treatment program;
(b) a substance abuse treatment program;
(c) a sex offender treatment program; or
(d) an alternative treatment program.
Amended by Chapter 246, 2023 General Session
2023 Utah Code › Title 64 - State Institutions › Chapter 13e - County Correctional Facility Contracting and Reimbursement › Section 103.1 - Calculating the state incarceration rate.

Effective 7/1/2023
64-13e-103.1.
Calculating the state incarceration rate.
(1) Before September 15 of each year, the department shall:
(a) calculate the state daily incarceration rate; and
(b) inform each county and CCJJ of the state daily incarceration rate.
(2) The state daily incarceration rate may not be less than the rate presented to the Executive Appropriations Committee of the Legislature for purposes of setting the appropriation for the department's budget.
Amended by Chapter 246, 2023 General Session