Utah Code 64-13-50. Inmate program requirements — Records — Reporting
Current as of: 2024 | Check for updates
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(1) As used in this section:
Terms Used In Utah Code 64-13-50
- 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
- Inmate: means an individual who is:
(12)(a) committed to the custody of the department; and(12)(b) housed at a correctional facility or at a county jail at the request of the department. 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- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5(1)(a) “Board” means the Board of Pardons and Parole.(1)(b) “Board hearing” means a hearing established under Subsection77-27-7 (1), which is the earliest possible point at which the board may consider an inmate‘s release from a correctional facility.(1)(c)(1)(c)(i) “Program” means a part of an inmate’s case action plan that is required or optional and includes:(1)(c)(i)(A) sex offender treatment;(1)(c)(i)(B) substance use treatment;(1)(c)(i)(C) educational programs, including literacy programs;(1)(c)(i)(D) career-readiness programs;(1)(c)(i)(E) life-skills training; and(1)(c)(i)(F) transition programs meant to prepare an inmate who is about to leave a correctional facility in accordance with Section64-13-10.6 .(1)(c)(ii) “Program” includes online and in-person programs.(2) On or before January 1, 2026, the department shall:(2)(a) use an inmate’s board hearing when determining the timing of an inmate’s programs to ensure that an inmate will have the ability to complete all of the inmate’s programs by the inmate’s board hearing;(2)(b) create an incentive plan to encourage an inmate to complete the inmate’s programs by the inmate’s board hearing;(2)(c) in accordance with Subsection64-13-48 (4) and Subsection (3), use the department’s best efforts to ensure that when an inmate is transferred within a correctional facility or to a different correctional facility, the inmate is able to continue all programs that the inmate has already started and has not yet completed, without requiring the inmate to restart a program from the beginning or wait on a waiting list for the program, unless the program’s continuation would be impossible due to the inmate’s transfer to a more restrictive setting due to a behavioral or disciplinary violation;(2)(d) in accordance with Subsection (3), use the department’s best efforts to ensure that if an inmate opts out of an optional program, the inmate is able to rejoin the program within six months without being required to restart the program from the beginning or wait on a waiting list;(2)(e) in accordance with Subsection (3), as soon as an inmate’s case action plan is created in accordance with Subsection64-13-6 (1)(m), use the department’s best efforts to start the inmate in at least two of the inmate’s programs;(2)(f) in accordance with Subsection (3), use the department’s best efforts to allow an inmate to participate in more than one program at a time throughout the inmate’s time within the correctional facility, including, if applicable, providing technological methods for an inmate to participate in an online program;(2)(g) in accordance with Section64-13e-103 , prioritize the placement of inmates within county correctional facilities that:(2)(g)(i) offer, allow, or facilitate department-specified programs for inmates; and(2)(g)(ii) collect and provide inmate program completion data to the department; and(2)(h) periodically confer with an inmate and, if necessary, the board, to determine whether the inmate is on track to complete all of the inmate’s programs by the inmate’s board hearing.(3) If the department is unable to meet a requirement described in Subsection (2)(c), (2)(d), (2)(e), or (2)(f), the department shall:(3)(a) include in the inmate’s records the reason why the requirement was not met; and(3)(b) ensure the information described in Subsection (3)(a) is made available to the board.(4) The department shall provide an annual report on the department’s public website that states how many inmates:(4)(a) are currently participating in one or more programs; and(4)(b) have successfully completed one or more programs during the prior year. - Correctional facility: means any facility operated to house offenders in a secure or nonsecure setting: