(1) The department shall maintain and operate secure correctional facilities for the incarceration of offenders.

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Terms Used In Utah Code 64-13-14

  • Case action plan: means a document developed by the Department of Corrections that identifies:
         (2)(a) the program priorities for the treatment of the offender, including the criminal risk factors as determined by risk, needs, and responsivity assessments conducted by the department; and
         (2)(b) clearly defined completion requirements. See Utah Code 64-13-1
  • Correctional facility: means any facility operated to house offenders in a secure or nonsecure setting:
         (4)(a) by the department; or
         (4)(b) under a contract with the department. See Utah Code 64-13-1
  • Department: means the Department of Corrections. See Utah Code 64-13-1
  • Direct supervision: means a housing and supervision system that is designed to meet the goals described in Subsection 64-13-14(5) and has the elements described in Subsection 64-13-14(6). See Utah Code 64-13-1
  • Evidence-based: means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. See Utah Code 64-13-1
  • Executive director: means the executive director of the Department of Corrections. See Utah Code 64-13-1
  • Offender: means an individual who has been convicted of a crime for which the individual may be committed to the custody of the department and is at least one of the following:
         (13)(a) committed to the custody of the department;
         (13)(b) on probation; or
         (13)(c) on parole. See Utah Code 64-13-1
(2) For each compound of secure correctional facilities, as established by the executive director, wardens shall be appointed as the chief administrative officers by the executive director.
(3) The department may transfer offenders from one correctional facility to another and may, with the consent of the sheriff, transfer any offender to a county jail.
(4) Where new or modified facilities are designed appropriately, the department shall implement an evidence-based direct supervision system in accordance with Subsections (5) and (6).
(5) A direct supervision system shall be designed to meet the goals of:

     (5)(a) reducing offender violence;
     (5)(b) enhancing offenders’ participation in treatment, program, and work opportunities;
     (5)(c) managing and reducing offender risk;
     (5)(d) promoting pro-social offender behaviors;
     (5)(e) providing a tiered-housing structure that:

          (5)(e)(i) rewards an offender’s pro-social behaviors and progress toward the completion requirements of the offender’s individual case action plan with less restrictive housing and increased privileges; and
          (5)(e)(ii) houses similarly behaving offenders together; and
     (5)(f) reducing departmental costs.
(6) A direct supervision system shall include the following elements:

     (6)(a) department staff will interact continuously with offenders to actively manage offenders’ behavior and to identify problems at early stages;
     (6)(b) department staff will use management techniques designed to prevent and discourage negative offender behavior and encourage positive offender behavior;
     (6)(c) department staff will establish and maintain a professional supervisory relationship with offenders; and
     (6)(d) barriers separating department staff and offenders shall be removed.
(7)

     (7)(a) Notwithstanding Subsection (4), the department may implement a supervision model other than the direct supervision model described in Subsection (4) if the executive director:

          (7)(a)(i) determines that the direct supervision model endangers:

               (7)(a)(i)(A) the health and safety of the inmates or correctional facility staff; or
               (7)(a)(i)(B) the security of the correctional facility; and
          (7)(a)(ii) creates a policy detailing what the supervision model will be and why that model will increase the health and safety of the inmates or correctional facility staff or the security of the correctional facility over a direct supervision model.
     (7)(b) The department shall post on the department’s website:

          (7)(b)(i) the executive director’s determinations regarding the dangers of using a direct supervision model as described in Subsection (7)(a)(i); and
          (7)(b)(ii) the policy detailing the supervision model to be used as described in Subsection (7)(a)(ii).
(8) The department shall provide an annual report to the Law Enforcement and Criminal Justice Interim Committee regarding:

     (8)(a) the status of the implementation of direct supervision; and
     (8)(b) if applicable, the implementation of a supervision model other than the direct supervision model as described in Subsection (7).