Utah Admin. Code R51 — Criminal Justice

R356 Administration

R356-1 Procedures for Administering the County Correctional Facility Reimbursement Program

Utah Admin. Code R356-1-1 Authority

This rule is authorized by Subsection 64-13e-104(5).

History

KEY: jail reimbursement, state probationary inmates, state parole inmates
Date of Last Change: December 10, 2024
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 64-13e-104

Utah Admin. Code R356-1-2 Purpose

The purpose of this rule is to establish requirements and procedures for collecting data from counties to complete the calculations necessary to determine reimbursement for facilities.

History

KEY: jail reimbursement, state probationary inmates, state parole inmates
Date of Last Change: December 10, 2024
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 64-13e-104

Utah Admin. Code R356-1-3 Definitions

Terms used in this rule are found in Section 63-13e-102, in addition:

(1) "facility" means a county correctional facility;

(2) "inmate" means a state probationary inmate or state parole inmate; and

(3) "JRLL" means the Jail Reimbursement Local program on the Utah Criminal Justice Information System (UCJIS) system.

History

KEY: jail reimbursement, state probationary inmates, state parole inmates
Date of Last Change: December 10, 2024
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 64-13e-104

Utah Admin. Code R356-1-4 Information Required for Reimbursement

(1) When requesting reimbursement for eligible bed days spent by an inmate in a facility, a county shall provide sufficient information for the commission to verify whether the county is entitled to reimbursement.

(2)(a) Information submitted by a county for reimbursement shall be submitted into JRLL, including the:

(i) law enforcement agency's originating agency identifier (ORI);

(ii) inmate's state identification number (SID); and

(iii) date the inmate was:

(A) booked into the facility; and

(B) subsequently released from the facility.

(b) Before the final submission of the information described in Subsection (2)(a), the county shall verify that the inmate's full name and date of birth are correct.

(3)(a) A county shall submit all information for the preceding month by the 15 th day of the next month.

(b) The commission may not accept any information or supporting documentation from a county for the preceding fiscal year after August 1 st .

History

KEY: jail reimbursement, state probationary inmates, state parole inmates
Date of Last Change: December 10, 2024
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 64-13e-104

Utah Admin. Code R356-1-5 Auditing of the Information Submitted by the Counties

(1) A county shall be responsible for maintaining documentation that supports the county's request for reimbursement for eligible bed days spent by an inmate in a facility.

(2) The commission may perform periodic reviews of the information submitted by the counties for reimbursement.

(3) Upon request, a county shall provide the commission with documentation to support the county's request for reimbursement.

(4) If a county cannot provide the supplemental documentation requested by the commission or if the supplemental documentation submitted by the county does not support the county's request for reimbursement, the county may not be reimbursed for those unsupported bed days.

(5) If the commission determines that the county was reimbursed for bed days that were not eligible for reimbursement after the county has already been reimbursed for those days, the amount that is determined to be ineligible for reimbursement shall be deducted from the county's reimbursement in the next fiscal year.

History

KEY: jail reimbursement, state probationary inmates, state parole inmates
Date of Last Change: December 10, 2024
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 64-13e-104

R356-2 Judicial Nominating Commissions

Utah Admin. Code R356-2-1 Authority

This rule is authorized by Section 78A-10a-201.

History

KEY: judicial nominating commissions, judges
Date of Last Change: April 15, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 78A-10a-201

Utah Admin. Code R356-2-2 Purpose

The purpose of this rule is to:

(1) establish procedures for meetings of a commission; and

(2) create standards, criteria, and procedures for the judicial nominating process.

History

KEY: judicial nominating commissions, judges
Date of Last Change: April 15, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 78A-10a-201

Utah Admin. Code R356-2-3 Definitions

As used in this rule:

(1) "AOC" means the Administrative Office of the Courts;

(2) "CCJJ" means the Commission on Criminal and Juvenile Justice;

(3) "commission" means a judicial nominating commission created in Sections 78A-10a-302, 78A-10a-402, and 78A- 10a-502;

(4) "commissioner" means an individual appointed by the governor to serve on a commission; and

(5) "commission staff" means the individuals assigned by the governor to provide assistance to a commission pursuant to Subsections 78A-10a-304(2), 78A-10a-404(2), and 78A-10a-504(2).

History

KEY: judicial nominating commissions, judges
Date of Last Change: April 15, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 78A-10a-201

Utah Admin. Code R356-2-4 Notice of Vacancy

(1) When CCJJ is notified of a judicial vacancy, commission staff shall provide notice of the judicial vacancy:

(a) on a public website designed for posting notice of judicial vacancies; and

(b) to members of the Utah State Bar.

(2) The notice shall describe:

(a) the jurisdiction of the judicial vacancy;

(b) the statutory and constitutional requirements for judicial office;

(d) the application deadline; and

(e) the selection process for the judicial vacancy.

History

KEY: judicial nominating commissions, judges
Date of Last Change: April 15, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 78A-10a-201

Utah Admin. Code R356-2-5 Applications

(1) An individual seeking to apply for a judicial vacancy shall submit to CCJJ:

(a) all of the information requested in the online application form;

(b) a copy of the applicant's resume; and

(2) In addition to the requirements described in Subsection (1), an applicant applying for an appellate judicial vacancy shall provide:

(a) a legal writing sample that does not exceed 10 pages; and

(b) an essay addressing a topic provided by CCJJ that does not exceed 2 pages.

(3) An applicant may include the names and contact information from the following references:

(a) if the applicant is an attorney engaged in an adversarial practice:

(i) opposing counsel in legal matters that the applicant has litigated or negotiated;

(ii) attorneys with whom the applicant has had a substantial professional interaction within the previous two years;

(iii) judges assigned to cases in which the applicant has appeared as an attorney; and

(iv) judges who know the applicant.

(b) if the applicant is an attorney engaged in a non-adversarial practice:

(i) attorneys with whom the applicant has had a substantial professional interaction within the previous two years; and

(ii) judges who know the applicant;

(i) attorneys with whom the applicant has had a substantial professional interaction within the previous two years;

(ii) judges who know the applicant; and

(iii) attorneys who represented parties in cases over which the applicant presided as judge.

(4)(a) An application shall be submitted before the application deadline to be eligible for consideration.

(b) An incomplete or partial application may not be considered by a commission.

History

KEY: judicial nominating commissions, judges
Date of Last Change: April 15, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 78A-10a-201

Utah Admin. Code R356-2-6 Pre-Screening of Applications

(1) For all applicants who submitted a complete application within the application deadline, commission staff shall conduct a:

(a) criminal history background check;

(b) consumer credit check; and

(c) review of Utah State Bar or Judicial Conduct Commission records to determine if the applicant has been the subject of a disciplinary action.

(2) Commission staff shall send a reference form to any references provided by an applicant.

History

KEY: judicial nominating commissions, judges
Date of Last Change: April 15, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 78A-10a-201

Utah Admin. Code R356-2-7 Initial Meeting of a Commission

(1)(a) A commission meeting shall be set to review the applications of any applicants who meet the eligibility criteria established by the Utah Constitution and the Utah Code.

(b) Notice of the meeting's date, time, and location shall be posted on the Utah Public Notice website.

(2) At the meeting the commission shall:

(a) allow any members of the public or the judiciary to provide comments; and

(b) consider any written comments submitted to CCJJ.

(3) Following the public comment period, the commission shall close the meeting to:

(a) discuss the applications submitted by eligible applicants;

(b) consider any potential conflicts of interest as provided in Section R356-2-10;

History

KEY: judicial nominating commissions, judges
Date of Last Change: April 15, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 78A-10a-201

Utah Admin. Code R356-2-8 Conduct at Meetings and Interviews

(1) The chair of the commission shall preside at all meetings and ensure that each commissioner has the opportunity to fully participate.

(2) Commission staff shall:

(a) take summary minutes of commission meetings which shall describe:

(i) the date, time and place of the meeting;

(ii) all commissioners present, absent, or excused;

(iii) commission staff present;

(iv) decisions made by the commissioners;

(v) any statements made by commissioners regarding a potential conflict;

(vi) the total tally of all votes, but not the vote of individual commissioners;

(vii) any written statements submitted to the commission; and

(viii) any other matter a commissioner asks to be included; and

(b) perform any other tasks assigned by commissioners that are consistent with governing statutes and rules.

(3) A commissioner may be removed from a commission and the governor shall appoint a replacement if commission staff finds that the commissioner has failed to follow applicable statutes or rules.

History

KEY: judicial nominating commissions, judges
Date of Last Change: April 15, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 78A-10a-201

Utah Admin. Code R356-2-9 Evaluation Criteria

(1) Commissioners shall have access to an applicant's complete application and any information gathered by commission staff during the prescreening process described in Section R356-2-6, including any references returned to CCJJ.

(2) When determining which applicants to interview or certify to the governor, commissioners shall consider an applicants':

(a) integrity;

(b) legal knowledge and ability;

(d) judicial temperament;

(e) work ethic;

(f) financial responsibility;

(g) public service;

(h) ability to perform the work of a judge; and

(i) impartiality.

(3) When evaluating an applicant for a juvenile court vacancy, commissioners shall consider an applicants' interest in, understanding of, and experience with the issues and problems facing children and families.

(4) When evaluating an applicant for an appellate court vacancy, commissions shall consider an applicants' ability to give and receive criticism of opinions and arguments without taking offense.

(5) When deciding among applicants for any judicial vacancy whose qualifications, taken as a whole, appear in all other respects to be comparable, commissioners may consider the background and experience of an applicant in relation to the current composition of the bench for which the appointment is being made.

(6) Unless otherwise provided by statute, commissioners on the district and juvenile court nominating commissions may not decline to interview an applicant or decline to nominate an applicant based primarily on the geographic location of the applicant's residence or the geographic location of the applicant's employment.

History

KEY: judicial nominating commissions, judges
Date of Last Change: April 15, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 78A-10a-201

Utah Admin. Code R356-2-10 Applicant Interviews

(1) During an interview, commissioners shall have the opportunity to ask an applicant questions.

(2) Following the conclusion of the interviews, commissioners shall:

(a) discuss the qualifications of the applicants interviewed; and

(b) vote by written ballot which nominees to certify to the governor.

History

KEY: judicial nominating commissions, judges
Date of Last Change: April 15, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 78A-10a-201

Utah Admin. Code R356-2-11 Certifying the List of Nominees

(1) Once the commissioners have chosen the nominees who will be certified, commission staff shall provide a list of nominees to:

(a) the governor;

(b) the president of the Senate; and

(2) Commission staff shall provide the governor with a summary of each nominee's qualifications.

History

KEY: judicial nominating commissions, judges
Date of Last Change: April 15, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 78A-10a-201

Utah Admin. Code R356-2-12 Public Comment Period

(1) The governor's office shall issue a press release containing:

(a) the nominees' names; and

(b) information about how the public may submit comments about the nominees within the ten-day public comment period.

(2) Information received during the public comment period shall be provided to the governor for the governor's consideration.

History

KEY: judicial nominating commissions, judges
Date of Last Change: April 15, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 78A-10a-201

Utah Admin. Code R356-2-13 Confidentiality of Records

(1) The following records are confidential and may not be released except as provided in this rule:

(a) an application for a judicial vacancy and any associated documentation, including information or references gathered by commission staff during the prescreening process;

(b) the names of any applicants who were not certified to the governor;

(d) the summary minutes of commission meetings created by commission staff;

(e) commissioners' written ballots;

(f) summaries of nominees' qualifications prepared by commission staff; and

(g) comments submitted by the public under Section R356-2-11.

(2) The name of an applicant may be disclosed if necessary to make inquiries regarding an applicant's qualifications.

History

KEY: judicial nominating commissions, judges
Date of Last Change: April 15, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 78A-10a-201

Utah Admin. Code R356-2-14 Notice that a Judge is Removed or Intends to Resign or Retire

The AOC shall immediately notify the governor and CCJJ when the AOC learns that a judge has:

(1) submitted formal notice of intent to retire or resign;

(2) been removed from office: or

(3) otherwise vacated a judicial office.

History

KEY: judicial nominating commissions, judges
Date of Last Change: April 15, 2025
Notice of Continuation: July 2, 2025
Authorizing, and Implemented or Interpreted Law: 78A-10a-201

R356-4 Juvenile Detention or Confinement in Adult Jails and Lockups

Utah Admin. Code R356-4-1 Authority and Purpose

(1) This rule is authorized by Sections 62A-7-201 and 63M-7-204(1)(s).

(2) The purpose of this rule is to establish standards and certification procedures for the detention or confinement of juveniles in adult jails and lockups consistent with the requirements of the JJDPA.

History

KEY: juvenile detention in adult jails; juvenile confinement in adult jails; juvenile detention in lockups; juvenile confinement in lockups
Date of Last Change: January 2, 2018
Notice of Continuation: January 3, 2023
Authorizing, and Implemented or Interpreted Law: 62A-7-201; 63M-7-204

Utah Admin. Code R356-4-2 Definitions

Terms used in this rule include:

(1) "compliance monitor" means the Commission on Criminal and Juvenile Justice's JJDPA Compliance Monitor;

(2) "adult jail" means a locked facility, administered by State, county or local law enforcement and correctional agencies, the purpose of which is to detain adults charged with violating criminal law, pending trial, including facilities used to hold convicted adult criminal offenders sentenced for less than one year, but not including a court holding facility;

(3) "adult lockup" means a locked facility similar to an adult jail except that an adult lockup is generally a municipal or police facility of a temporary nature which does not hold persons after they have been formally charged, not including a court holding facility;

(4) "detain or confine" means to hold, keep, or restrain a person such that the person is not free to leave, or such that a reasonable person would believe that the person is not free to leave, except that a juvenile held by law enforcement solely for the purpose of returning the juvenile to the juvenile's parent or guardian or pending the juvenile's transfer to the custody of a child welfare or social service agency is not detained or confined within the meaning of this definition;

(5) "JJDPA" means the Juvenile Justice and Delinquency Prevention Act found in 42 U.S.C. Sec. 5633;

(6) "juvenile" means a child under the age of 18 years old;

(7) "juvenile facility" means a shelter, detention facility, receiving center, or other youth services center, as defined by Section 62A-7-101;

(8) "low density population" means ten or less people per square mile;

(9) "medical emergency" means any health condition, which requires immediate attention by medical professionals;

(10) "sight and sound separation" means incarcerated juveniles must be located or arranged as to be completely separated from incarcerated adults, including adult inmate trustees, by sight and sound barriers to prohibit:

(a) clear visual contact between incarcerated adults and juveniles within close proximity to each other; and

(b) direct oral communication between incarcerated adults juveniles; and

(11) "status offense" means a violation of the law that would not be a violation of the law but for the age of the offender.

History

KEY: juvenile detention in adult jails; juvenile confinement in adult jails; juvenile detention in lockups; juvenile confinement in lockups
Date of Last Change: January 2, 2018
Notice of Continuation: January 3, 2023
Authorizing, and Implemented or Interpreted Law: 62A-7-201; 63M-7-204

Utah Admin. Code R356-4-3 Detention or Confinement of a Juvenile in an Adult Jail or Lockup

(1) A juvenile may be detained or confined in an adult jail or lockup only if:

(a) all other options for placement have been exhausted and there is no alternative that will protect the juvenile or the community;

(b) the requirements outlined in Utah Administrative Code R547-13-4 Guidelines for Admission to Secure Youth Detention Facilities are met;

(d) the purpose of the detention or confinement is:

(i) identification;

(ii) interrogation;

(iii) processing;

(iv) notification of juvenile court officials; or

(v) to allow adequate time to arrange the juvenile's:

(A) transfer to a juvenile facility if appropriate ; or

(B) release to a parent or other responsible adult; and

(e) the adult jail or lockup has been certified by the compliance monitor.

(2) A juvenile may not be detained or confined in an adult jail or lockup for any of the following reasons:

(a) ungovernable or runaway behavior;

(b) neglect, abuse, abandonment, dependency, or other situation, which requires protection of the juvenile;

(d) attempted suicide.

(3) This rule does not apply to a juvenile:

(a) charged with a crime under Section 78A-6-701;

(b) bound over to the jurisdiction of the district court as a serious youth offender under Section 78A-6-702; or

(4) A juvenile under the age of 12 may not be detained or confined in an adult jail or lockup unless the juvenile:

(a) is age 10 or 11; and

(b) has been charged with a violent felony violation under Section 76-3-203.5(c).

(5)(a) A juvenile detained or confined in an adult jail or lockup shall be released to the care of a parent or other responsible adult unless:

(i) the immediate welfare or the protection of the community requires the continued detention or confinement of the juvenile; or

(ii) it is unsafe for the juvenile or the public to release the juvenile to the care of the parents, guardian or custodian.

(b) If the juvenile should continue to be detained or confined, the adult jail or lockup shall arrange for the transfer of the juvenile to an appropriate juvenile facility as soon as practicable.

(c) If a juvenile is transferred to a juvenile facility, a report shall be prepared which indicates the reason why the juvenile was not released and detention or confinement was continued.

(6) In addition to any other requirements under this rule, a juvenile may not be detained or confined in an adult jail unless:

(a) the adult jail is located in an area with a low-density population;

(b) the county in which the adult jail is located does not have a juvenile facility that meets the needs of the juvenile; and

(7) In addition to any other requirements under this rule, a juvenile may not be detained or confined in an adult lockup for more than two hours.

History

KEY: juvenile detention in adult jails; juvenile confinement in adult jails; juvenile detention in lockups; juvenile confinement in lockups
Date of Last Change: January 2, 2018
Notice of Continuation: January 3, 2023
Authorizing, and Implemented or Interpreted Law: 62A-7-201; 63M-7-204

Utah Admin. Code R356-4-4 Standards for Adult Jails and Lockups Where Juveniles Are Detained or Confined

(1) When a juvenile is detained or confined in an adult jail or lockup, the adult jail or lockup shall:

(a) immediately notify the parents, guardian, or custodian of the juvenile's detention or confinement unless the parents, guardian, or custodian have already been notified; and

(b) arrange for the transfer or release of the juvenile as quickly as possible.

(2) An adult jail or lockup where a juvenile is detained or confined shall meet all applicable state and local:

(a) zoning laws;

(b) safety, fire, and building codes; and

(3) An adult jail or lockup shall provide to a juvenile:

(a) access to a toilet and a washbasin with hot and cold running water;

(b) shelter, heat, light, and ventilation that does not otherwise compromise security or enable escape;

(d) basic furnishings, such as chairs or benches.

(4) The number of juveniles in an adult jail or lockup may not exceed the certified capacity for juveniles.

(5) There shall be no viewing devices in an adult jail or lockup, such as peepholes or mirrors, of which the juvenile is not aware.

(6) As long as classification standards are met, juveniles may be detained or confined together in an adult jail or lockup if age, compatibility, dangerousness, and other relevant factors are considered, except juveniles of different genders may not be detained or confined together.

(7) No detainee in an adult jail or lockup, whether juvenile or adult, shall be allowed to have any authority or disciplinary control over, be permitted to supervise, or provide services of any nature to a juvenile.

(8) When a juvenile is detained or confined in an adult jail or lockup, the adult jail or lockup shall:

(a) remove any items from the juvenile that could compromise the juvenile's safety, such as belts, shoelaces, and suspenders, prior to placing a juvenile in an adult jail or lockup;

(b) provide constant on-site supervision of the juvenile through visual monitoring and audio two-way communication;

(c) ensure a certified police officer or staff member who has received training about juveniles is available to provide assistance within 60 seconds should a problem or medical emergency arise with a juvenile;

(d) conduct frequent personal checks on the juvenile at least once every fifteen (15) minutes to maintain communication and prevent the juvenile from experiencing panic or feelings of isolation; and

(e) make a written record of significant incidents and activities of the juvenile.

(9) A staff member of the same gender shall supervise a juvenile's personal hygiene activities or care such as showering, using the toilet, and related activities in an adult jail or holding cell.

(10) An adult staff member of the same gender as the juvenile shall be present when a juvenile is securely detained or confined.

(11)(a) Except in an emergency, a staff member entering a juvenile's sleeping room shall be of the same gender as the juvenile.

(b) If two staff members enter a juvenile's sleeping room, there may be one male and one female staff member.

(c) When an emergency prevents a staff member of the same gender from entering the juvenile's sleeping room, at least two staff members shall be present and a written report shall be completed which indicates why a staff member of same gender was unavailable.

(12)(a) Any physical contact or examination of a juvenile conducted in an adult jail or lockup, such as a strip search, shall be done:

(i) by a staff member of the same gender;

(ii) in private; and

(iii) without camera monitoring.

(b) A strip search of a juvenile may only be performed when the following conditions exist:

(i) the juvenile is believed to be under the influence of alcohol or a controlled substance;

(ii) the juvenile is suspected of a controlled substance or weapons offense; or

(iii) there is reasonable suspicion the juvenile may be concealing contraband that could not be detected by a pat-down search or handheld metal detector.

(13) Juveniles may not be subject to corporal or unusual punishment, humiliation, or mental abuse.

(14)(a) Restraints or physical force shall not be used to subdue a juvenile unless it is justifiable self-defense, required for the protection of persons or property, or necessary to prevent escape.

(b) Restraints or physical force may only be used to control juveniles in accordance with the principle of least restrictive action.

(d) A written report shall be prepared following any use of force and submitted to the adult jail or lockup administrator.

(15) An adult jail or lockup shall safeguard a juvenile's health and safety by:

(a) making emergency medical services available 24 hours a day;

(b) immediately examining and treating, if appropriate, juveniles injured in an adult jail or lockup;

(c) not accepting juveniles who are unconscious, seriously injured, at risk for suicide, emotionally disturbed, or under the influence of alcohol or controlled substances and are unable to care for themselves, until they have been examined by a qualified medical practitioner or have been taken to a medical facility for appropriate diagnosis and treatment and released back to the adult jail or lockup;

(d) providing training to all staff members to recognize symptoms of mental illness;

(e) recording any medical services provided to a juvenile; and

(f) providing for detoxification of a juvenile in an adult jail or lockup only when there is no community health facility available for detoxification.

(16) An adult jail or lockup shall comply with any applicable informed consent requirements for medical care and shall seek the informed consent of a parent, guardian, or legal custodian unless otherwise ordered by a juvenile court judge or deemed a medical emergency.

(17) If a juvenile is in need of hospitalization, a staff member shall remain with the juvenile if otherwise permitted by medical personnel or until an adult family member or legal guardian arrives to remain with the juvenile.

(18) A juvenile in an adult jail or lockup shall have the same legal and civil rights, including the right to the same number of telephone calls, as an adult inmate held for the same amount of time.

(19) A juvenile's visitors in an adult jail or lockup should be limited to the juvenile's attorney, clergy, and officers of the court unless the juvenile is to be transferred to a juvenile facility in which case an effort shall be made to provide for visitation by the juvenile's parents, guardian, or custodian prior to the transfer.

(20) If a juvenile is detained or confined during daylight hours, the juvenile should be allowed access to reading materials, physical exercise, recreation, radio or television if feasible.

(21) When a juvenile arrives at an adult jail or lockup, a juvenile shall be informed of the steps in the detention process.

(22) Upon admission to an adult jail or lockup, a referral or intake form must be completed for the juvenile, which includes:

(a) the date and time of the admission and release;

(b) the name, nicknames, and any aliases of the juvenile;

(d) information regarding the officer who admitted the juvenile, including the officer's name, title, and law enforcement agency;

(e) the allegations upon which the juvenile is being detained;

(f) the juvenile's gender;

(g) the juvenile's date and place of birth;

(h) the juvenile's race or nationality;

(i) any medical problems of the juvenile;

(j) the juvenile's parents, guardian, or a responsible adult to notify in case of emergency, including addresses and telephone numbers;

(k) any additional remarks, such as any open wounds or sores requiring treatment, evidence of disease or body vermin, or tattoos; and

(l) the juvenile's probation officer or caseworker, if assigned.

(23)(a) When a juvenile is released or transferred from an adult jail or lockup, the adult jail or lockup shall create a release or transfer report, which documents the following information:

(i) the juvenile's physical and emotional condition upon release; and

(ii) whether the juvenile was released from custody or was transferred to a different facility.

(b) If the juvenile was transferred to a juvenile facility, the release or transfer report shall document:

(i) the name of the facility to which the juvenile was transferred; and

(ii) the name and agency of the individual who transferred the juvenile.

(i) the name and relationship of the adult assuming the responsibility of the juvenile;

(ii) the form of identification used by the adult assuming responsibility of the juvenile; and

(iii) the signature of the adult assuming responsibility for the juvenile, indicating the adult is:

(A) aware of the juvenile's physical and emotional condition;

(B) understands the reason for detaining or confining the juvenile in custody; and

(24) Upon release or transfer of a juvenile from an adult jail or lockup, the adult jail or lockup shall verify:

(a) identity;

(b) the release papers; and

(c) property belonging to the adult jail or lockup or other residents does not leave the jail or holding cell with the juvenile.

(25) A case record shall be securely maintained on each juvenile, which contains:

(a) the initial intake information form;

(b) documentation of why the juvenile was detained or confined in the adult jail or lockup and released or transferred;

(d) a record of any of the juvenile's cash or valuables held by the jail or holding cell;

(e) documentation of all visitors' names and the dates of the visit;

(f) documentation of any medical/health care issues or conditions exhibited during the detention;

(g) record of any medical treatment or medications administered while the juvenile was detained or confined;

(h) consent for necessary medical or surgical care, signed by parent, person acting in loco parentis, juvenile court judge, or facility official; and

(i) the final release or transfer report.

History

KEY: juvenile detention in adult jails; juvenile confinement in adult jails; juvenile detention in lockups; juvenile confinement in lockups
Date of Last Change: January 2, 2018
Notice of Continuation: January 3, 2023
Authorizing, and Implemented or Interpreted Law: 62A-7-201; 63M-7-204

Utah Admin. Code R356-4-5 Certification of Adult Jails or Lockups Where Juveniles Are Detained or Confined

(1) An adult jail or lockup seeking to be certified to detain or confine juveniles shall send a completed JJDPA Facility Certification Application to the compliance monitor.

(2) The compliance monitor shall conduct an on-site visit at any adult jail or lockup, which applies to be certified to detain or confine juveniles.

(3) During the on-site visit, the compliance monitor shall:

(a) review all of the policies and procedures of the adult jail or lockup, which relate to the detention or confinement of juveniles to ensure they meet the requirements of this rule;

(b) tour the adult jail or lockup to ensure compliance with the requirements of this rule; and

(c) meet with all individuals involved in overseeing and completing records related to the detention or confinement of juveniles.

(4) If an adult jail or lockup meets the requirements of this rule, the compliance monitor shall issue a certificate to the adult jail or lockup, which is good for one year.

(5) Once an adult jail or lockup is certified, the adult jail or lockup shall submit a Juvenile Confinement Monthly Report to the compliance monitor at the conclusion of each month, which documents the number of juveniles, detained or confined in the adult jail or lockup during the preceding month and provides information on each juvenile.

(6) Prior to an adult jail or lockup's certification expiring, the compliance monitor shall initiate a recertification visit to the adult jail or lockup.

(7) During a recertification visit, the compliance monitor shall:

(a) review any changes or updates to the policies and procedures of the adult jail or lockup related to the detention or confinement of juveniles;

(b) tour the adult jail or lockup to ensure continued compliance with the requirements of this rule;

(c) meet with all individuals involved in overseeing and completing records for the detention or confinement of juveniles; and

(d) review the adult jail or lockup's Juvenile Confinement Monthly Reports for the past twelve months to ensure compliance with the requirements of this rule.

(8) If an adult jail or lockup meets all of the requirements for recertification, the compliance monitor shall issue a new certificate, which shall be valid for one year.

(9) If the certification of an adult jail or lockup has been expired for more than two years, the adult jail or lockup shall re-initiate the certification process.

History

KEY: juvenile detention in adult jails; juvenile confinement in adult jails; juvenile detention in lockups; juvenile confinement in lockups
Date of Last Change: January 2, 2018
Notice of Continuation: January 3, 2023
Authorizing, and Implemented or Interpreted Law: 62A-7-201; 63M-7-204

R356-6 Electronic Meetings

Utah Admin. Code R356-6-1 Authority

This rule is authorized by Section 52-4-207 which requires a public body which holds an electronic meeting to adopt a resolution, rule, or ordinance governing the use of electronic meetings.

History

KEY: electronic meetings, procedures
Date of Last Change: October 10, 2024
Authorizing, and Implemented or Interpreted Law: 52-4-207

Utah Admin. Code R356-6-2 Purpose

The purpose of this rule is to establish procedures for conducting an electronic meeting of any public body established in:

(1) Section 36-29-111;

(2) Title 63M, Chapter 7, Criminal Justice and Substance Abuse;

(3) Section 64-13e-105; and

(4) Section 78B-22-401.

History

KEY: electronic meetings, procedures
Date of Last Change: October 10, 2024
Authorizing, and Implemented or Interpreted Law: 52-4-207

Utah Admin. Code R356-6-3 Definitions

(1) Terms used in this rule are found in Section 52-4-103.

(2) In addition:

(a) "designee" means an individual appointed by a member to represent the member when the member cannot appear at meetings of a public body;

(b) "electronically" means to attend a meeting through the use of:

(i) an online medium that allows for audio and video interactions; or

(ii) a telecommunications medium that allows for audio interactions; and

History

KEY: electronic meetings, procedures
Date of Last Change: October 10, 2024
Authorizing, and Implemented or Interpreted Law: 52-4-207

Utah Admin. Code R356-6-4 Procedures

(1) A public body described in this rule may hold an open and public meeting where individuals may participate electronically.

(2) When an electronic meeting is scheduled, the public notice required by Section 52-4-202 shall describe:

(a) how individuals may participate electronically; and

(b) the anchor location where individuals may attend, monitor, and participate in the open portions of the meeting, if an anchor location is required by Section 52-4-207.

(3) An anchor location shall have sufficient space and facilities so anyone may attend, monitor, and participate in the open portions of the meeting.

(4) At the commencement of the meeting the chair shall identify on the record the members, designees, and representatives who are appearing electronically.

(5) A member, designee, or representative who appears electronically shall be counted as present for purposes of determining a quorum.

(6)(a) A member, designee, or representative who appears electronically may fully participate and vote on any matter before the public body.

(b) Votes by members, designees, or representatives who are appearing electronically shall be confirmed by the chair.

History

KEY: electronic meetings, procedures
Date of Last Change: October 10, 2024
Authorizing, and Implemented or Interpreted Law: 52-4-207

R356-7 Appointing a Designee, Representative, or Proxy

Utah Admin. Code R356-7-1 Authority

This rule is authorized by Subsection 52-4-207(2)(a) regarding electronic meetings and Section 63G-3-201 which requires an agency to make rules in certain circumstances.

History

KEY: Public bodies, designees, representatives, proxies
Date of Last Change: December 23, 2023
Authorizing, and Implemented or Interpreted Law: Title 52, Chapter 4

Utah Admin. Code R356-7-2 Purpose

The purpose of this rule is to establish procedures for appointing a designee, representative, or proxy to serve on a public body established in:

(1) Section 36-29-111;

(2) Title 63M, Chapter 7, Criminal Justice and Substance Abuse;

(3) Section 64-13e-105;

(4) Section 77-37-5;

(5) Section 78A-10a-302;

(6) Section 78A-10a-402;

(7) Section 78A-12-201; and

(8) Section 78B-22-401.

History

KEY: Public bodies, designees, representatives, proxies
Date of Last Change: December 23, 2023
Authorizing, and Implemented or Interpreted Law: Title 52, Chapter 4

Utah Admin. Code R356-7-3 Definitions

(1) Terms used in this rule are defined in Section 52-4-103.

(2) In addition:

(a) "designee" means an individual appointed by a member to represent the member when the member cannot appear at meetings of a public body;

(b) "electronically" means to attend a meeting through the use of:

(i) an online medium that allows for audio and video interactions; or

(ii) a telecommunications medium that allows for audio interactions;

(d) "representative" means an individual appointed by an entity to represent that entity on a public body;

(e) "proxy" means an individual who is appointed by a member to appear in person on the member's behalf at a specific meeting of a public body; and

(f)(i) "staff" means an individual who is responsible for ensuring that a public body complies with the requirements of Title 52, Chapter 4, the Open and Public Meetings Act; and

(ii) "staff" includes the director of a public body or a staff member assigned to assist with the administrative duties of the public body.

History

KEY: Public bodies, designees, representatives, proxies
Date of Last Change: December 23, 2023
Authorizing, and Implemented or Interpreted Law: Title 52, Chapter 4

Utah Admin. Code R356-7-4 Appointing a Designee

(1) If a statute creating a public body allows a member to appoint a designee, the member may appoint a designee to represent the member when the member cannot appear at meetings by sending an email to the staff.

(2) The email shall state the name and title of the member's designee.

(3) After an individual has been appointed as a member's designee, the designee:

(a) may attend a meeting in person or electronically;

(b) shall be counted as a member for purposes of determining a quorum;

(d) may vote their conscience on matters before the public body.

(4) Once a designee has been appointed, the designee may continue to represent the member at meetings until the member notifies the staff, in writing, that:

(a) the member has appointed a new designee; or

(b) the individual previously appointed may no longer represent the member at meetings.

(5) If the member and their designee both appear at a meeting, only the member may vote on a matter.

(6) A designee may not appoint a designee or proxy to appear on their behalf at a meeting.

History

KEY: Public bodies, designees, representatives, proxies
Date of Last Change: December 23, 2023
Authorizing, and Implemented or Interpreted Law: Title 52, Chapter 4

Utah Admin. Code R356-7-5 Appointing a Representative

(1) If a statute creating a public body allows an entity to appoint a representative to serve on a public body, the entity may appoint their representative by having the head of the entity send an email to the staff.

(2) The email shall state the name and title of the representative of the entity.

(3) The entity's representative:

(a) may attend a meeting either in person or electronically;

(b) shall be counted as a member for purposes of determining a quorum;

(d) may vote their conscience on matters before the public body.

(4) Once a representative of an entity has been appointed, the representative shall continue to represent the entity until the head of the entity notifies the staff, in writing, that:

(a) the entity has appointed a new representative; or

(b) the individual previously appointed may no longer represent the entity at meetings.

History

KEY: Public bodies, designees, representatives, proxies
Date of Last Change: December 23, 2023
Authorizing, and Implemented or Interpreted Law: Title 52, Chapter 4

Utah Admin. Code R356-7-6 Appointing a Proxy

(1) A member or representative of an entity may appoint a proxy to appear at a specific meeting on their behalf by sending an email to the staff.

(2) The email shall:

(a) be sent before the meeting; and

(b) contain the name and title of the proxy who will stand in for the member or representative at the meeting.

(3) The proxy shall attend the meeting in person and may not attend electronically.

(4) Once an individual has been appointed as a proxy for a member or representative, the proxy:

(a) shall be counted as a member for purposes of determining a quorum;

(b) may participate in the meeting as any other member; and

(c) may only vote on matters before the public body as directed by the member or the representative and may not vote their conscience.

(5) A proxy shall have no authority to act on behalf of the member or representative after the meeting under Subsection (1) has concluded.

History

KEY: Public bodies, designees, representatives, proxies
Date of Last Change: December 23, 2023
Authorizing, and Implemented or Interpreted Law: Title 52, Chapter 4

Utah Admin. Code R356-7-7 Failure to Comply

An individual who appears at a meeting and represents themselves to be a designee of a member, a representative of an entity, or a proxy for a member or representative may not be counted for purposes of determining a quorum and may not vote on matters unless the requirements of this rule have been met.

History

KEY: Public bodies, designees, representatives, proxies
Date of Last Change: December 23, 2023
Authorizing, and Implemented or Interpreted Law: Title 52, Chapter 4

R356-8 Designation of Commission Duties

Utah Admin. Code R356-8-1 Authority

This rule is authorized by Subsections 63M-7-204(2) and 63G-3-201(2).

History

KEY: designation of duties
Date of Last Change: May 22, 2025
Authorizing, and Implemented or Interpreted Law: 63M-7-204(2)

Utah Admin. Code R356-8-2 Purpose

The purpose of this rule is for the commission to designate entities to perform specified duties of the commission.

History

KEY: designation of duties
Date of Last Change: May 22, 2025
Authorizing, and Implemented or Interpreted Law: 63M-7-204(2)

Utah Admin. Code R356-8-3 Definitions

(1) Terms used in this rule are defined in Section 63M-7-101.5.

(2) In addition:

(a) "JJOC" means the Juvenile Justice Oversight Committee created in Section R356-8-7; and

(b) "SOMAC" means the Sex Offense Management Advisory Committee created in Section R356-8-6.

History

KEY: designation of duties
Date of Last Change: May 22, 2025
Authorizing, and Implemented or Interpreted Law: 63M-7-204(2)

Utah Admin. Code R356-8-4 Designation of an Entity

(1)(a) The commission may designate an entity to perform the commission's duties.

(b) An entity designated by the commission under this rule shall include representatives from relevant stakeholder groups from the parts of the justice system implicated in the policy area.

(2) The commission may designate tasks and duties to an entity in addition to those described in this rule.

(3) An entity designated by the commission may not make a final decision or take final action on a matter unless otherwise specified in this rule.

History

KEY: designation of duties
Date of Last Change: May 22, 2025
Authorizing, and Implemented or Interpreted Law: 63M-7-204(2)

Utah Admin. Code R356-8-5 Operation of Designated Entities

(1)(a) A member appointed to a designated entity shall serve a four-year term.

(b) If a designated entity has a vacancy, a new member may be appointed for the rest of the previous member's term.

(d) The terms of the designated entity's members shall be staggered so that half of the members of the designated entity are appointed every two years.

(2)(a) A designated entity shall elect a chair and a vice-chair, or in the alternative may elect two co-chairs.

(b) A chair or vice-chair shall serve a two-year term, which may be renewed.

(c) A vacancy in the office of chair or vice-chair shall be filled for the remainder of the unexpired term by a member of the designated entity who is elected by a majority of the members of the designated entity.

(3) The commission shall provide support staff to a designated entity.

(4) In the event a member of a designated entity who does not hold an ex officio position has three unexcused absences, the member may be replaced.

(5) If an appointed member ceases to meet the qualifications of the appointment or accepts another position which creates a conflict of interest, the member's appointment will immediately end, and a replacement shall be appointed to fill the unexpired term.

(6) A designated entity shall meet as often as necessary to carry out its designated duties.

History

KEY: designation of duties
Date of Last Change: May 22, 2025
Authorizing, and Implemented or Interpreted Law: 63M-7-204(2)

Utah Admin. Code R356-8-6 Sex Offense Management Advisory Committee

(1)(a) The SOMAC is created within the commission.

(b) The executive director of the commission shall appoint a director of the SOMAC to:

(i) assist the SOMAC perform the duties described in this rule; and

(ii) coordinate between the SOMAC and the commission.

(2) The following may participate as members of the SOMAC:

(a) the executive director of the Department of Corrections, or the executive director's designee;

(b) the commissioner of the Department of Public Safety, or the commissioner's designee;

(d) an officer with the Adult Probation and Parole Division of the Department of Corrections with experience supervising adults convicted of sex offenses, appointed by the executive director of the Department of Corrections;

(e) the executive director of the Department of Health and Human Services, or the executive director's designee;

(f) an individual who represents the Administrative Office of the Courts appointed by the state court administrator;

(g) the director of the Utah Office for Victims of Crime, or the director's designee;

(h) the director of the Division of Juvenile Justice and Youth Services, or the director's designee;

(i) the chair of the Board of Pardons and Parole, or the chair's designee; and

(j) nine individuals appointed by the executive director of the commission, including:

(i) the following two individuals licensed under Title 58, Chapter 60, Mental Health Professional Practice Act:

(A) an individual with experience in the treatment of adults convicted of sex offenses in the community;

(B) an individual with experience in the treatment of juveniles adjudicated of sex offenses in the community;

(ii) an individual who represents an association of criminal defense attorneys;

(iii) an individual who is a criminal defense attorney experienced in indigent criminal defense;

(iv) an individual who represents an association of prosecuting attorneys;

(v) an individual who represents law enforcement;

(vi) an individual who represents the Utah Victim Services Commission established in Section 63M-7-901.

(3) The SOMAC is designated by the commission to discuss, study, and make recommendations to the commission regarding the commission's duties described in Subsection 63M-7-204(1)(z).

(4) The SOMAC shall:

(a) recommend policies that promote public safety and protect victims of sex offenses;

(b) review research, collect and review data including Utah-specific data, and gather input from stakeholders throughout the criminal justice system regarding effective treatment and supervision practices for individuals convicted of sex offenses to promote public safety;

(c) under direction of the commission, advise, educate, and make recommendations to other councils, boards, and offices within the commission regarding effective treatment and supervision practices for individuals convicted of sex offenses to promote public safety.

(d) under direction of the commission, advise, educate, and make recommendations to the Department of Corrections, Department of Public Safety, and the Department of Health and Human Services regarding effective treatment and supervision practices for individuals convicted of sex offenses to promote public safety.

History

KEY: designation of duties
Date of Last Change: May 22, 2025
Authorizing, and Implemented or Interpreted Law: 63M-7-204(2)

Utah Admin. Code R356-8-7 Juvenile Justice Oversight Committee

(1) The JJOC is created within the commission.

(2) The following may participate as members of the JJOC:

(a) the executive director of the commission, or the executive director's designee;

(b) the director of the Division of Juvenile Justice & Youth Services, or the director's designee;

(d) the Juvenile Court Administrator from the Administrative Office of the Courts, or the administrator's designee;

(e) the director of the Division of Child and Family Services, or the director's designee;

(f) the Commissioner of the Department of Public Safety, or the commissioner's designee;

(g) a juvenile court judge appointed by the Judicial Council;

(h) thirteen individuals appointed by the executive director of the commission, including:

(i) a representative of a criminal defense attorneys association who primarily represents juveniles in delinquency matters;

(ii) a representative of a prosecuting attorneys association who primarily prosecutes delinquency matters;

(iii) a representative of the Utah State Board of Education;

(iv) two public education representatives from different school districts;

(v) a representative of a juvenile justice victim advocates association;

(vi) a representative of youth court;

(vii) a representative of youth services;

(viii) a licensed behavioral health treatment provider;

(ix) a representative of a law enforcement association;

(x) an individual who has training and experience in restorative justice; and

(xi) two individuals who represent the community at large.

(3) The JJOC is designated by the commission to carry out the commission's duties described in Subsection 63M-7- 204(1)(r) and Section 63M-7-208.

History

KEY: designation of duties
Date of Last Change: May 22, 2025
Authorizing, and Implemented or Interpreted Law: 63M-7-204(2)

R356-9 Victim Complaints

Utah Admin. Code R356-9-1 Authority

This rule is authorized by Subsection 63M-7-904(2)(b).

History

KEY: victim complaints
Date of Last Change: September 23, 2024
Authorizing, and Implemented or Interpreted Law: 63M-10-1003

Utah Admin. Code R356-9-2 Purpose

The purpose of this rule is to establish procedures for:

(1) a victim or a representative of a victim to submit a complaint; and

(2) a committee to consider a complaint.

History

KEY: victim complaints
Date of Last Change: September 23, 2024
Authorizing, and Implemented or Interpreted Law: 63M-10-1003

Utah Admin. Code R356-9-3 Definitions

(1) Terms used in this rule are defined in Sections 63M-7-101.5 and 63M-7-1001.

(2) In addition:

(a) "chair" means the chair of a committee appointed by the Victim Services Commission;

(b) "complaint" means a report of a violation of a victim's rights submitted to the Victim Services Commission by a victim or a representative of a victim; and

(c) "subject of the complaint" means the individual, agency, entity, or organization who is named in the complaint and is alleged to have violated the victim's rights.

History

KEY: victim complaints
Date of Last Change: September 23, 2024
Authorizing, and Implemented or Interpreted Law: 63M-10-1003

Utah Admin. Code R356-9-4 Committee Coordinator

(1) The executive director of the commission shall appoint an individual to serve as a coordinator for the committees.

(2) The coordinator shall:

(a) assist a victim or a representative of a victim in filing a complaint;

(b) receive and process complaints submitted by a victim or a representative of a victim;

(i) a victim;

(ii) the subject of a complaint; or

(iii) a criminal justice agency; and

(d) provide assistance to the committees.

History

KEY: victim complaints
Date of Last Change: September 23, 2024
Authorizing, and Implemented or Interpreted Law: 63M-10-1003

Utah Admin. Code R356-9-5 Filing a Complaint

(1) A victim or a representative of a victim seeking to file a complaint shall:

(a) complete the online Victim Complaint Form; or

(b) submit a written Victim Complaint Form to the Victim Services Commission.

(2) When a complaint is filed with the Victim Services Commission, the coordinator shall:

(a) log the complaint into the complaint tracking system; and

(b) forward the complaint to the chair for the judicial district where the violation of the victim's rights is alleged to have occurred.

History

KEY: victim complaints
Date of Last Change: September 23, 2024
Authorizing, and Implemented or Interpreted Law: 63M-10-1003

Utah Admin. Code R356-9-6 Review of a Complaint

(1) Once a complaint is received from the coordinator, the chair shall schedule a meeting of the full committee to review the complaint as soon as practicable.

(2)(a) If the committee determines that the complaint does not allege a violation of a victim's rights, the chair shall issue a letter as described in Subsection 63M-7-1003(2)(a).

(b) The coordinator shall send a copy of the letter to the victim or the representative of the victim as described in Subsection 63M-7-1003(2)(b).

(3) If the committee determines that the complaint does allege a violation of a victim's rights, the coordinator shall:

(a) forward a copy of the complaint to the subject of the complaint; and

(b) notify the victim and the subject of the complaint that:

(i) the complaint will be considered at the committee's next meeting; and

(ii) the victim or the subject of the complaint may attend the committee meeting or submit additional information for the committee's consideration.

(4) If the complaint alleges that a criminal justice agency or an employee of a criminal justice agency violated a victim's rights, the coordinator shall contact the criminal justice agency and request a copy of any investigative findings the criminal justice agency may have related to the complaint.

(5) At the subsequent meeting the committee:

(a) shall review all documentation received related to the complaint; and

(b) may hear from the victim or the subject of the complaint.

(6) The committee may request additional information from:

(a) the victim or a representative of a victim who submitted the complaint;

(b) the subject of the complaint;

(d) any other individual or entity who may have information related to the complaint;

(7)(a) After full consideration, the committee shall determine whether a violation of a victim's rights occurred.

(b) The chair shall issue a letter with the committee's findings or recommendations as provided in Subsection 63M-7- 1003(6).

(i) victim or the representative of a victim as provided in Subsection 63M-7-1003(7); and

(ii) subject of the complaint; and

(iii) supervisor of the subject of the complaint.

History

KEY: victim complaints
Date of Last Change: September 23, 2024
Authorizing, and Implemented or Interpreted Law: 63M-10-1003

R356-10 Recusal of a Member for a Conflict of Interest

Utah Admin. Code R356-10-1 Authority

This rule is authorized by Subsection 63G-3-201(2) which requires an agency to make rules in certain circumstances.

History

KEY: conflicts of interest
Date of Last Change: October 15, 2024
Authorizing, and Implemented or Interpreted Law: Title 67, Chapter 16

Utah Admin. Code R356-10-2 Purpose

The purpose of this rule is to establish standards and procedures for addressing potential conflicts of interest for members of a public body, commission, or subcommittee established in:

(1) Section 36-29-111;

(2) Title 63M, Chapter 7, Criminal Justice and Substance Abuse;

(3) Section 64-13e-105;

(4) Section 78A-10a-302;

(5) Section 78A-10a-402

(6) Section 78A-10a-502; and

(7) Rule 356-8.

History

KEY: conflicts of interest
Date of Last Change: October 15, 2024
Authorizing, and Implemented or Interpreted Law: Title 67, Chapter 16

Utah Admin. Code R356-10-4 Potential Conflicts of Interest

A member of a public body, commission, or subcommittee has a potential conflict of interest with respect to a matter to be considered by the public body, commission, or subcommittee if:

(1) the member's participation:

(a) would be prohibited under Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; or

(b) constitutes a violation of constitutional due process under the Utah or United States Constitutions;

(2) the member:

(a) has a pecuniary interest in the outcome of the proceeding; or

(b) may gain or lose some benefit depending on how the matter is resolved;

(3) the matter relates to a:

(a) personal interest of a member; or

(b) person or entity closely associated with the member; or

(4) the member or the member's employer is the subject of a complaint before the public body, commission, or subcommittee.

History

KEY: conflicts of interest
Date of Last Change: October 15, 2024
Authorizing, and Implemented or Interpreted Law: Title 67, Chapter 16

Utah Admin. Code R356-10-5 Procedures

(1) A member, who has a potential conflict of interest with respect to a matter before the public body, commission, or committee, shall:

(a) disclose the conflict of interest when the matter is raised; and

(b) refrain from voting on the matter.

(2) A member who has disclosed a conflict of interest under Subsection (1)(a) may participate in the discussion of the matter to the same extent that any other member of the public is allowed to participate.

History

KEY: conflicts of interest
Date of Last Change: October 15, 2024
Authorizing, and Implemented or Interpreted Law: Title 67, Chapter 16

R356-11 Sentencing Commission

Utah Admin. Code R356-11-1 Authority

This rule is authorized by Subsection 63M-7-401.2(2)(a).

History

KEY: sentencing commission policies
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: 401.2(2)(a)

Utah Admin. Code R356-11-2 Purpose

The purpose of this rule is to describe the process by which the sentencing commission shall establish and maintain the:

(1) guidelines;

(2) master offense list; and

(3) collateral consequences guide.

History

KEY: sentencing commission policies
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: 401.2(2)(a)

Utah Admin. Code R356-11-3 Definitions

(1) Terms used in this rule are defined in Sections 63M-7-101.5 and 63M-7-401.1.

(2) In addition:

(a) "collateral consequences guide" means the list of collateral consequences described in Subsection 63M-7-405(2);

(b) "director" means the director of the sentencing commission created in Subsection 63M-7-401.2(5); and

(c) "guidelines" means the adult sentencing and supervision length guidelines described in Section 63M-7-404.3 and the juvenile disposition guidelines described in Section 63M-7-404.5.

History

KEY: sentencing commission policies
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: 401.2(2)(a)

Utah Admin. Code R356-11-4 Subcommittees

(1) The sentencing commission may create subcommittees to assist the sentencing commission in carrying out any of the sentencing commission's duties outlined in Title 63M, Chapter 7, Part 4 Sentencing Commission.

(2) Subcommittees created under this rule may include sentencing commission members and members of the public as determined by the sentencing commission.

(3) Any discussions or recommendations of a subcommittee shall be presented to the full sentencing commission for the sentencing commission's review and final action.

History

KEY: sentencing commission policies
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: 401.2(2)(a)

Utah Admin. Code R356-11-5 Guidelines

(1) The sentencing commission may receive comments or recommendations regarding changes to the guidelines and legislation regarding the sentencing, release, or supervision of individuals convicted of crimes submitted by:

(a) members of the sentencing commission;

(b) subcommittees created by the sentencing commission; or

(2) The sentencing commission shall:

(a) review any proposed changes to the guidelines;

(b) consider any proposed legislative recommendations;

(d) forward any proposed changes to the guidelines or legislative recommendations to the commission with sufficient time for the commission to:

(i) review any proposed changes to the guidelines or legislative recommendations; and

(ii) submit any proposed changes to the guidelines or legislative recommendations to the Law Enforcement and Criminal Justice Interim Committee and the Judiciary Interim Committee before October 31 as required by Subsection 63M-7- 406(1).

(3)(a) Any proposed changes to the guidelines approved by the sentencing commission shall be posted on the sentencing commission's website.

(b) The sentencing commission shall accept comments from the public for a period of 30 days after any proposed changes to the guidelines are posted on the sentencing commission's website.

(c) Any comments received from the public regarding any proposed changes to the guidelines shall be compiled by the director for further consideration.

History

KEY: sentencing commission policies
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: 401.2(2)(a)

Utah Admin. Code R356-11-6 Master Offense List

(1) At the conclusion of each legislative session, the director shall:

(a) update the master offense list; and

(b) present any proposed changes to the master offense list to the sentencing commission.

(2) The sentencing commission shall:

(a) review any proposed changes to the master offense list;

(b) approve any proposed changes to the master offense list; and

(c) present any proposed changes to the master offense list to the Law Enforcement and Criminal Justice Interim Committee before June 30th as required by Subsection 63M-7-405(1).

History

KEY: sentencing commission policies
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: 401.2(2)(a)

Utah Admin. Code R356-11-7 Collateral Consequences Guide

(1) Each year, the director shall:

(a) review the collateral consequences guide to determine if changes to the collateral consequences guide are warranted; and

(b) present any proposed changes to the collateral consequences guide to the sentencing commission.

(2) The sentencing commission shall:

(a) review any proposed changes to the collateral consequences guide;

(b) approve any proposed changes to the collateral consequences guide;

(d) present any proposed changes to the collateral consequences guide and any recommended legislation regarding collateral consequences to the Law Enforcement and Criminal Justice Interim Committee as required by Subsection 63M-7- 405(2).

History

KEY: sentencing commission policies
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: 401.2(2)(a)

R356-12 Public Safety Portal Data Reporting

Utah Admin. Code R356-12-1 Authority

This rule is authorized by Subsection 63A-16-1002(6)(b).

History

KEY: public safety portal, data reporting
Date of Last Change: February 7, 2025
Authorizing, and Implemented or Interpreted Law: 63A-16-1002

Utah Admin. Code R356-12-2 Purpose

The purpose of this rule is to establish requirements and procedures for collecting the data described in Subsection 63A-16-1002(4).

History

KEY: public safety portal, data reporting
Date of Last Change: February 7, 2025
Authorizing, and Implemented or Interpreted Law: 63A-16-1002

Utah Admin. Code R356-12-3 Definitions

Terms used in this rule are found in Section 63A-16-1001, in addition:

(1) "Agency" means any entity identified in Subsection 63A-16-1002(4) that is required to provide data to the commission.

(2)(a) "Aggregated data" means high-level data which has been created by combining individual-level data.

(b) "Aggregated data" includes deidentified data.

(i) classified as a private, protected, controlled, or exempt record as defined in Title 63G, Chapter 2, Government Records Access and Management Act; or

(ii) considered personal data as defined in Section 63A-19-101.

(3)(a) "Data" means any information described in Subsection 63A-16-1002(4) that is provided by an agency to the commission.

(b) "Data" includes any:

(i) information described in any of the statutes listed in Subsection 63A-16-1002(4);

(ii) information created or owned by an agency, regardless of when the information was provided to the commission; and

(iii) associated information in the possession of an agency that the commission deems necessary to identify a record or fulfill the commission's duties described in Section 63A-16-1002 or any of the statutes listed in Subsection 63A-16-1002(4).

(4) "Portal" means the public safety portal created in Section 63A-16-1002.

History

KEY: public safety portal, data reporting
Date of Last Change: February 7, 2025
Authorizing, and Implemented or Interpreted Law: 63A-16-1002

Utah Admin. Code R356-12-4 Disclosure and Use of Data

(1) An agency shall provide data to the commission:

(a) pursuant to the sharing provisions in Section 63G-2-206; and

(b) for the purposes of allowing:

(i) an agency to comply with the reporting requirements described in the statutes listed in Subsection 63A-16-1002(4); and

(ii) the commission to comply with the reporting requirements described in Section 63A-16-1002 and any of the statutes listed in Subsection 63A-16-1002(4).

(2) Data provided by an agency to the commission shall be included in the portal.

(3) An agency shall be responsible for complying with any deadlines described the statutes listed in Subsection 63A- 16-1002(4).

(4) The commission may only use data provided by an agency:

(a) as permitted by Section 63A-16-1002 or any of the statutes listed in Subsection 63A-16-1002(4);

(b) as authorized by the agency; or

(5)(a) The commission may not release data in response to a records request made pursuant to Title 63G, Chapter, 2, Government Records Access and Management Act.

(b) If the commission receives a records request for data provided by an agency, the commission shall deny the records request and refer the requester to the agency as provided in Section 63G-2-204.

History

KEY: public safety portal, data reporting
Date of Last Change: February 7, 2025
Authorizing, and Implemented or Interpreted Law: 63A-16-1002

Utah Admin. Code R356-12-5 Safeguarding Data

(1) The commission shall provide a secure transfer method for an agency to send data to the commission.

(2) The Commission shall implement and maintain administrative, technical, and physical safeguards necessary to protect the confidentiality of data and to prevent the unauthorized use or access of data.

(3) The commission shall ensure that data is only accessible to individuals who have an actual and legitimate need to access or use data.

(4) The commission shall require any agent or subcontractor who may need to access data to agree in writing to be subject to the same restrictions and conditions regarding data as the commission.

(5)(a) The commission shall promptly report to an agency any:

(i) unauthorized access, acquisition, disclosure, loss of access, or destruction of data; or

(ii) interference with or compromise of the security, confidentiality, availability, or integrity of any computer systems involving data.

(b) The commission shall take reasonable steps to mitigate the effects of an incident described in Subsection (5)(a).

(c) The commission shall consult and cooperate with the agency regarding appropriate steps for remediation and any applicable reporting requirements.

History

KEY: public safety portal, data reporting
Date of Last Change: February 7, 2025
Authorizing, and Implemented or Interpreted Law: 63A-16-1002

Utah Admin. Code R356-12-6 Retention of Data

The commission shall be:

(1) entitled to retain any data provided by an agency; and

(2) under no obligation to return or destroy data provided by an agency.

History

KEY: public safety portal, data reporting
Date of Last Change: February 7, 2025
Authorizing, and Implemented or Interpreted Law: 63A-16-1002

R364 Indigent Defense Commission

R364-1 Conflicts of Interest for Indigent Defense Commission Members

Utah Admin. Code R364-1-1 Authority

This rule is authorized by Subsection 77-32-804(6).

History

KEY: conflict of interest, Utah Indigent Defense Commission
Date of Last Change: January 29, 2018
Notice of Continuation: January 13, 2023
Authorizing, and Implemented or Interpreted Law: Title 77, Chapter 32, Part 8

Utah Admin. Code R364-1-2 Purpose

The purpose of this rule is to establish standards and procedures to identify and address potential conflicts of interest.

History

KEY: conflict of interest, Utah Indigent Defense Commission
Date of Last Change: January 29, 2018
Notice of Continuation: January 13, 2023
Authorizing, and Implemented or Interpreted Law: Title 77, Chapter 32, Part 8

Utah Admin. Code R364-1-3 Definitions

As used in this rule, "commission" means the Utah Indigent Defense Commission created in Section 77-32-801.

History

KEY: conflict of interest, Utah Indigent Defense Commission
Date of Last Change: January 29, 2018
Notice of Continuation: January 13, 2023
Authorizing, and Implemented or Interpreted Law: Title 77, Chapter 32, Part 8

Utah Admin. Code R364-1-4 Identifying a Conflict of Interest

A commission member has a potential conflict of interest with respect to a matter to be considered by the commission if:

(1) the commission member would be prohibited from participation under Title 67, Chapter 16, the Utah Public Officers' and Employees' Ethics Act;

(2) the commission member's participation constitutes a violation of constitutional due process under the Utah or United States constitutions; or

(3) the matter relates to a financial or personal interest of the commission member or a person or entity closely associated with the commission member.

History

KEY: conflict of interest, Utah Indigent Defense Commission
Date of Last Change: January 29, 2018
Notice of Continuation: January 13, 2023
Authorizing, and Implemented or Interpreted Law: Title 77, Chapter 32, Part 8

Utah Admin. Code R364-1-5 Procedures

(1) A commission member who has a potential conflict of interest with respect to a matter to be heard before the commission shall:

(a) fully disclose the conflict of interest to the commission at any commission meeting where the matter is to be discussed; and

(b) recuse himself or herself from voting on the matter.

(2) This rule does not preclude a commission member from participating in a discussion of the matter in the same manner as other individuals who provide input on the matter.

History

KEY: conflict of interest, Utah Indigent Defense Commission
Date of Last Change: January 29, 2018
Notice of Continuation: January 13, 2023
Authorizing, and Implemented or Interpreted Law: Title 77, Chapter 32, Part 8

R364-2 Indigent Defense Commission Complaint Rule

Utah Admin. Code R364-2-1 Authority

This rule is authorized by Subsections 78B-22-404(1)(f) and 63G-4-201(2).

History

KEY: indigent defense system, complaint procedures
Date of Last Change: August 11, 2020
Notice of Continuation: March 25, 2025

Utah Admin. Code R364-2-2 Purpose

The purpose of this rule is to establish standards and procedures to receive and resolve complaints regarding the provision of indigent defense services by an indigent defense system.

History

KEY: indigent defense system, complaint procedures
Date of Last Change: August 11, 2020
Notice of Continuation: March 25, 2025

Utah Admin. Code R364-2-3 Definitions

(1) Definitions used in this rule are found in Section 78B-22-102.

(2) In addition, "complainant" means a person who files a complaint with the office or an appeal with the commission.

History

KEY: indigent defense system, complaint procedures
Date of Last Change: August 11, 2020
Notice of Continuation: March 25, 2025

Utah Admin. Code R364-2-4 Office Review

(1)(a) A complainant may file a written complaint regarding the provision of indigent defense services by an indigent defense system.

(b) The office does not have authority to review the conduct of a judge, court commissioner, or indigent defense service provider.

(2) A complaint shall be emailed to the office at idc@utah.gov and include:

(a) a fully completed indigent defense form that can be found on the commission's website; and

(b) sufficient facts to demonstrate that an indigent defense system violated:

(i) the duties of an indigent defense system contained in Title 78B, Chapter 22, the Indigent Defense Act; or

(ii) a term and condition of a contract or funding award agreement between the indigent defense system and the commission.

(2) Once a complaint is received by the office, the director shall review the complaint to determine if the complainant contains sufficient information to open an investigation.

(3) If the director determines there is insufficient information to open an investigation, the director shall notify the complainant that the matter has been closed.

(4) If the director opens an investigation, the director may contact interested parties to seek additional information.

(5) Once the director has completed the investigation, the director shall issue written findings to an interested party.

History

KEY: indigent defense system, complaint procedures
Date of Last Change: August 11, 2020
Notice of Continuation: March 25, 2025

Utah Admin. Code R364-2-5 Commission Review

(1)(a) A complainant may appeal the findings of the director to the commission.

(b) An appeal shall:

(i) be emailed to the office at idc@utah.gov within 30 days from the day of the director's findings; and

(ii) contain a detailed, written, description of the reason for the appeal.

(2) The commission may seek additional data, documentation, and information.

(3) When the commission has concluded its review of the director's findings, the commission shall send a written decision to an interested party.

(4) The commission's decision is final and cannot be further appealed.

History

KEY: indigent defense system, complaint procedures
Date of Last Change: August 11, 2020
Notice of Continuation: March 25, 2025