Utah Code 53-27-102. Invisible condition alert program — Access to information — Outreach — Administrative rulemaking
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(1) If an individual or an individual’s authorized guardian elects to disclose the individual’s invisible condition to the individual’s local law enforcement agency in accordance with the invisible condition alert program, the department shall provide the individual or the individual’s authorized guardian with:
Terms Used In Utah Code 53-27-102
- Authorized guardian: means the same as that term is defined in Section 53-3-207. See Utah Code 53-27-101
- Department: means the Department of Public Safety created in Section
53-1-103 . See Utah Code 53-1-102 - Dispatcher: means the same as that term is defined in Section 53-6-102. See Utah Code 53-27-101
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
- Health care professional: means the same as that term is defined in Section 53-3-207. See Utah Code 53-27-101
- Invisible condition: means the same as that term is defined in Section 53-3-207. See Utah Code 53-27-101
- Invisible condition alert program: means the voluntary disclosure of an invisible condition in accordance with Section 53-27-102 or Subsection 41-1a-213(6), 53-3-207(4), or 53-3-805(5). See Utah Code 53-27-101
- Law enforcement agency: means an entity or division of:
(1)(e)(i)(1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;(1)(e)(i)(B) a state institution of higher education; or(1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and(1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102(1)(a) a form that contains the information described in Subsection 53-3-207(4) or 53-3-805(5); and(1)(b) instructions on how the individual or the individual’s authorized guardian may submit the form described in Subsection (1)(a) to the individual’s local law enforcement agency.(2) Upon receipt of a completed form described in Subsection (1)(a), a local law enforcement agency shall enter information into the law enforcement agency’s record management system or computer-aided dispatch system regarding the individual’s election to disclose the individual’s invisible condition, including the individual’s:(2)(a) name;(2)(b) residence; and(2)(c) invisible condition as reported by the individual and verified by the individual’s health care professional.(3) A local law enforcement agency shall ensure that the information described in Subsection (2) is readily available to a dispatcher when the dispatcher receives a report concerning the name or the address of an individual with an invisible condition who has been entered into the local law enforcement agency’s record management system or computer-aided dispatch system.(4)(4)(a) Within 30 days after the day on which a local law enforcement agency receives an individual’s or an individual’s authorized guardian’s written request, the local law enforcement agency shall remove the information regarding the individual’s invisible condition from the local law enforcement agency’s record management system or computer-aided dispatch system.(4)(b) If a local law enforcement agency becomes aware that the individual described in Subsection (2) has permanently moved from the individual’s residence described in Subsection (2), the local law enforcement agency may remove the information regarding the individual’s invisible condition from the local law enforcement agency’s record management system or computer-aided dispatch system.(5) The department shall prepare outreach materials concerning the invisible condition alert program in coordination with the Department of Health and Human Services as described in Section 26B-7-120.(6) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to establish procedures for implementing this section.