Utah Admin. Code R10 — Corrections

R251 Administration

R251-102 Release of Communicable Disease Information

Utah Admin. Code R251-102-1 Authority and Purpose

(1) This rule is authorized under Sections 63G-3-201, 64-13-10, and 64-13-36(3)(a) of the Utah Code.

(2) The purpose of this rule is to designate the persons who will be permitted access to information in Department of Corrections inmate medical files.

History

KEY: medical records, communicable diseases, corrections
Date of Last Change: October 12, 2011
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10; 64-13-36; 63G-3-201

Utah Admin. Code R251-102-2 Definitions

(1) "AIDS" means Acquired Immunodeficiency Syndrome.

(2) "Communicable Disease" means any of a group of diseases easily transmitted from one person to another.

(3) "HIV" means Human Immunodeficiency Syndrome.

(4) "inmates" means offenders in the secure facilities of the Department.

History

KEY: medical records, communicable diseases, corrections
Date of Last Change: October 12, 2011
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10; 64-13-36; 63G-3-201

Utah Admin. Code R251-102-3 Access to Information in Medical Files

(1) Information in an inmate's medical file may include:

(a) results of tests conducted for communicable diseases, including AIDS and HIV; and

(b) information self-admitted by an inmate.

(2) The Department shall provide information regarding communicable diseases to:

(a) the Board of Pardons and Parole;

(b) designated Department Adult Probation and Parole agents; and

(c) other Department employees, if necessary, based on legitimate penological interests as determined by a division director in consultation with Clinical Services.

(3) Results of AIDS and HIV tests shall be provided to the Department of Health as outlined in Section 64-13-36.

History

KEY: medical records, communicable diseases, corrections
Date of Last Change: October 12, 2011
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10; 64-13-36; 63G-3-201

R251-104 Declaratory Orders

Utah Admin. Code R251-104-1 Purpose

As required by Section 63G-4-503, UCA, the purpose of this rule is to define policy, procedures and requirements governing the submission, review, and disposition of petitions for declaratory orders determining the applicability of statutes, rules, and orders within the jurisdiction of the Department.

History

KEY: corrections, right of petition, appellate procedures
Date of Last Change: 1993
Notice of Continuation: July 15, 2025
Authorizing, and Implemented or Interpreted Law: 63-46b-21

Utah Admin. Code R251-104-2 Authority

This rule is required by Title 63G, Chapter 4, the Utah Administrative Procedures Act, and is enacted under the authority of Sections 63G-4-503, 63G-3-201, and 64-13-10 of the Utah Code.

History

KEY: corrections, right of petition, appellate procedures
Date of Last Change: 1993
Notice of Continuation: July 15, 2025
Authorizing, and Implemented or Interpreted Law: 63-46b-21

Utah Admin. Code R251-104-3 Definitions

"Applicability" means whether a statute, rule or order should be applied to a given circumstance, and if so, how the statute, rule or order should be applied.

"Declaratory order" means an administrative interpretation or explanation of rights, status and other legal relations under a statute, rule or order.

"Department" means Utah Department of Corrections.

History

KEY: corrections, right of petition, appellate procedures
Date of Last Change: 1993
Notice of Continuation: July 15, 2025
Authorizing, and Implemented or Interpreted Law: 63-46b-21

Utah Admin. Code R251-104-4 Policy

It is the policy of the Department that:

(1) any interested person may petition the Department for a declaratory order regarding statutes, orders, and rules which pertain to the jurisdiction of the Department;

(2) the Department shall provide forms, content and filing instructions to any person wishing to submit a petition for a declaratory order;

(3) the Department shall not review a petition for a declaratory order that is:

(a) not within the jurisdiction of the agency;

(b) irrelevant or immaterial; or

(4) the Department shall not review the petition if the person requesting the declaratory order has participated in an adjudicative proceeding concerning the same issue within 12 months of the date of the present request;

(5) the petition shall be reviewed and a declaratory order or progress report shall be issued by the Executive Director/designee within 30 days of receipt of the request;

(6) unless the petitioner and the Department agree in writing to an extension, or if the Department has not issued a declaratory order within 60 days after the receipt of the request for the declaratory order, the petition is to be considered as having been denied; and

(7) a declaratory order issued has the same status and binding effect as any other order issued in an adjudicative proceeding.

History

KEY: corrections, right of petition, appellate procedures
Date of Last Change: 1993
Notice of Continuation: July 15, 2025
Authorizing, and Implemented or Interpreted Law: 63-46b-21

R251-105 Applicant Qualifications for Employment with Department of Corrections

Utah Admin. Code R251-105-1 Authority and Purpose

(1) This rule is authorized by Section 63G-3-201, 64-13-10, and 64-13-25.

(2) The purpose of this rule is to provide policies and procedures for the screening, testing, interviewing, and selecting of applicants for Department of Corrections employment.

History

KEY: corrections, employment, prisons
Date of Last Change: February 11, 2019
Notice of Continuation: August 14, 2023
Authorizing, and Implemented or Interpreted Law: 63-46a-3; 64-13-10; 64-13-25

Utah Admin. Code R251-105-2 Definitions

(1) "Department" means Utah Department of Corrections.

(2) "POST" means Peace Officer Standards and Training.

History

KEY: corrections, employment, prisons
Date of Last Change: February 11, 2019
Notice of Continuation: August 14, 2023
Authorizing, and Implemented or Interpreted Law: 63-46a-3; 64-13-10; 64-13-25

Utah Admin. Code R251-105-3 General Requirements

It is the policy of the Department that applicants for employment:

(1) shall, for POST-certified positions, be a citizen of the United States;

(2) shall, for POST-certified positions, be a minimum of 21 years of age;

(3) shall, as a minimum, be the holder of a high school diploma or furnish evidence of successful completion of an examination indicating an equivalent achievement;

(4) may be required to pass pre-employment tests depending on position requirements;

(5) shall be free from any physical, emotional, or mental conditions which would prevent the applicant from performing the essential functions of the job;

(6) shall not have been convicted of a crime for which the applicant could have been imprisoned in a penitentiary of this or another state and shall not have been convicted of an offense involving unlawful sexual conduct, physical violence, or the unlawful sale of a controlled substance. This subsection may not apply to all positions;

(7) shall, if required, become a POST-certified officer and maintain certification through successful completion of at least 40 hours of POST training per fiscal year; and

(8) may undergo a background investigation which may include verification of personal history, employment history and criminal records check.

History

KEY: corrections, employment, prisons
Date of Last Change: February 11, 2019
Notice of Continuation: August 14, 2023
Authorizing, and Implemented or Interpreted Law: 63-46a-3; 64-13-10; 64-13-25

Utah Admin. Code R251-105-4 Disqualification of Applicants

(1) Applicants may be disqualified for failure:

(a) to meet education or experience qualifications;

(b) to appear for testing or interviews; or

(2) Applicants may be disqualified if found to be unsuitable for Department employment as indicated by a background investigation or psychological evaluation.

(3) Falsification of application is grounds for denying employment or for terminating employment if discovered after the applicant is hired.

(4) Disqualified applicants shall be notified in writing.

History

KEY: corrections, employment, prisons
Date of Last Change: February 11, 2019
Notice of Continuation: August 14, 2023
Authorizing, and Implemented or Interpreted Law: 63-46a-3; 64-13-10; 64-13-25

R251-106 Media Relations

Utah Admin. Code R251-106-1 Authority and Purpose

(1) This rule is authorized under Sections 63G-3-201, 64-13-10, 63G-2-201(12), 63G-2-204, and 77-19-11, of the Utah Code.

(2) The purpose of this rule is to define the UDC's policy under which persons representing the news media shall be allowed access to correctional institutions, inmates and other supervised offenders. It is also intended to define UDC actions when a need exists for the safeguarding of information.

History

KEY: corrections, press, media, prisons
Date of Last Change: April 9, 2012
Notice of Continuation: November 12, 2021
Authorizing, and Implemented or Interpreted Law: 63G-2-102; 63G-3-201; 64-13-10; 64-13-17; 77-19-11

Utah Admin. Code R251-106-2 Definitions

(1) "News magazines" means magazines having a general circulation being distributed or sold to the general public by news stands, by mail circulation, or both.

(2) "News media" means collectively those involved with news gathering for newspapers, news magazines, radio, wire services, television or other news services.

(3) "News media members" means persons over the age of eighteen who are primarily employed in the business of gathering or reporting news for newspapers, news magazines, national or international news services, or radio or television stations licensed by the Federal Communications Commission or other recognized news services.

(4) "Newspaper" means, for the purposes of this rule, the publication being circulated among the general public, and containing items of general interest to the public such as political, commercial, religious or social affairs.

(5) "Press" means the print media; also see "news media", generally.

(6) "UDC" means the Utah Department of Corrections;

(7) "UDC-issued media identification" means identification issued by the UDC to members of the news media to ensure a consistent, controlled, dependable means of recognition.

History

KEY: corrections, press, media, prisons
Date of Last Change: April 9, 2012
Notice of Continuation: November 12, 2021
Authorizing, and Implemented or Interpreted Law: 63G-2-102; 63G-3-201; 64-13-10; 64-13-17; 77-19-11

Utah Admin. Code R251-106-3 Standards and Procedures

(1) It is the policy of the UDC to permit press access to facilities, inmates, supervised offenders and information. Access shall be:

(a) consistent with the requirements of the constitutions and laws of the United States and State of Utah;

(b) at a level no more restrictive than that allowed the general public.

(2) Access by news media members shall be restricted:

(a) when the UDC finds it necessary to further its legitimate governmental interests, or to maintain safety, security, order, discipline and program goals;

(b) to conform with statutory and constitutional privacy requirements as interpreted by binding case precedent;

(d) to safeguard the privacy interests of those under the supervision of the UDC.

(3) The UDC shall make all reasonable efforts to see that the public is kept informed concerning its operations by:

(a) participating and cooperating with the news media to communicate the UDC's mission, goals, policy, procedures, operation, and activities;

(b) providing information in a timely manner, while avoiding disruption or compromise of the UDC's legitimate interests; and

(c) releasing information in accordance with the policy, procedures and requirements of law to provide the public with knowledge about:

(i) UDC philosophy, operations and activities; and

(ii) significant issues and problems facing the UDC.

(4) Inmates shall not be denied the opportunity to communicate with the news media. However, the UDC reserves the right to regulate the manner in which the communication may occur, including:

(a) defining the channels of communication and the circumstances of their use; and

(b) temporarily suspending communication during exigent circumstances including:

(i) riots;

(ii) hostage situations;

(iii) fires or other disasters;

(iv) other inmate disorders; or

(v) emergency lock-down conditions.

(5) Because the UDC faces special management problems with the prison's operation from face-to-face interviews between inmates and the news media:

(a) news media members' requests for face-to-face interviews shall be reviewed on a case-by-case basis by considering the mental competence of the inmate, pending appeals, safety, security, and management issues of the institution;

(b) requests for face-to-face interviews shall be submitted to the Public Information Officer; and

(c) interviews which the UDC determines will jeopardize its legitimate interests, or those of a prison facility, shall not be approved.

(6) Access to executions by the news media shall be consistent with the requirements of Section 77-19-11, of the Utah Code.

(7) News media members shall obtain UDC-issued media identification or shall receive special permission for access to prison property or other UDC Facilities. Special permission may be granted only by the Public Information Officer or Executive Director.

(8) No equipment shall be taken inside the facility unless specifically approved by the Public Information Officer, Deputy Director, or Executive Director. Filming or other recording visits are separate issues and involve individual consideration and decisions.

(9) Ground rules for each opportunity for facility access, filming or recording shall be determined prior to entry.

(10) Access may be terminated at any time without warning, if:

(a) the conditions, ground rules, or other regulations are violated by news media members involved in the access opportunity;

(b) an inmate disorder or other disruption develops;

(c) staff members detect problems created by the media visit which threaten security, safety or order in the facility; or

(d) other reasons related to the legitimate interests of the UDC are present.

(11) Deliberate violation of regulations or other serious misconduct during a facility visit:

(a) shall result in the temporary loss of UDC-issued media identification; and

(b) may result in the permanent loss of UDC-issued media identification.

History

KEY: corrections, press, media, prisons
Date of Last Change: April 9, 2012
Notice of Continuation: November 12, 2021
Authorizing, and Implemented or Interpreted Law: 63G-2-102; 63G-3-201; 64-13-10; 64-13-17; 77-19-11

R251-107 Executions

Utah Admin. Code R251-107-1 Authority and Purpose

(1) This rule is authorized by Sections 63G-3-201, 64-13-10, 77-19-10, and 77-19-11, in which the Department shall adopt and enforce rules governing procedures for the execution of judgments of death and attendance of persons at the execution.

(2) The purpose of this rule is to address public safety and security within prison facilities before, during and immediately following an execution.

History

KEY: corrections, executions, prisons
Date of Last Change: November 7, 2023
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 77-19-10; 77-19-11

Utah Admin. Code R251-107-2 Definitions

(1) "Department" means Utah Department of Corrections.

(2) "DPO" means Division of Prison Operations.

(3) "News media" includes persons engaged in news gathering for newspapers, news magazines, radio, television, online news sources, excluding personal blogs, or other news services.

(4) "News media members" means persons over the age of 18 who are primarily employed in the business of gathering or reporting news for newspapers, news magazines, national or international news services, radio or television stations licensed by the Federal Communications Commission or other recognized news services, such as online media.

(5) "Newspaper" means a publication that circulates among the general public, and contains information of general interest to the public regarding political, commercial, religious or social affairs.

(6) "Press" means the print media, news media, or both.

(7) "USCF" means Utah State Correctional Facility.

History

KEY: corrections, executions, prisons
Date of Last Change: November 7, 2023
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 77-19-10; 77-19-11

Utah Admin. Code R251-107-3 Crowd Control

(1) Persons arriving at or driving past the USCF shall be routed and controlled in a manner which does not compromise or inhibit:

(a) security;

(b) official escort or movement;

(d) safety.

(2) Persons routed and controlled through this process shall be routed and controlled in a manner with no more restriction than is necessary to carry out the legitimate interests of the Department.

(3) Procedures for crowd control shall be consistent with federal, state and local laws.

(4) Only persons specifically authorized shall be permitted on USCF property, except those persons congregating at a designated demonstration area.

(5) Persons entering USCF property without authorization shall be ordered to leave and may be arrested if:

(a) the trespass was intentional;

(b) the individual failed to immediately leave the USCF property following a warning;

(c) the trespass jeopardized safety or security or interfered with the lawful business of the Department or its staff or agents; or

(d) it involves entry onto areas clearly posted with signs prohibiting access or trespass.

History

KEY: corrections, executions, prisons
Date of Last Change: November 7, 2023
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 77-19-10; 77-19-11

Utah Admin. Code R251-107-4 Location and Procedures

(1) The Executive Director of the Department of Corrections or their designee shall ensure that the method of judgment of death specified in the warrant is carried out at a secure correctional facility operated by the Department and at an hour determined by the Department on the date specified in the warrant.

(2) When the judgment of death is to be carried out by lethal intravenous injection, the Executive Director of the Department or their designee shall select two or more persons trained in accordance with accepted medical practices to administer intravenous injections, who shall each administer a continuous intravenous injection, one of which shall be of a lethal quantity of sodium thiopental or other equally or more effective substance to cause death.

(3) If the judgment of death is to be carried out by firing squad under Subsection 77-18-5.5(3) or (4), the Executive Director or their designee shall select a five-person firing squad of peace officers.

(4) Death shall be certified by a physician.

History

KEY: corrections, executions, prisons
Date of Last Change: November 7, 2023
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 77-19-10; 77-19-11

Utah Admin. Code R251-107-5 Demonstration and Public Access

(1) The Executive Director may permit limited access to a designated portion of state property for the public to gather or demonstrate during an execution event.

(2) No person may violate the intent of clearly marked signs, fences, doors or other indicators relative to prohibitions against entering any prison property or facility for which permission to enter may not be marked.

(3) The Department neither recognizes, nor is bound by, the policies, allowances or arrangements which may have occurred at prior executions, events or on prior occasions, and by this rule any arrangement provided for public access at previous executions or demonstrations is invalidated.

(4) The Executive Director or Warden may at any time withdraw permission without notice in the event of riot, disturbance, or other factors that in the opinion of the Warden or their designee or Executive Director or their designee jeopardizes the security, peace, order or any function of the prison.

History

KEY: corrections, executions, prisons
Date of Last Change: November 7, 2023
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 77-19-10; 77-19-11

Utah Admin. Code R251-107-6 Witnesses

(1) The Department will implement the standards and procedures for inmate witnesses outlined in Section 77-19-11.

(2) As a condition to attending the execution, each designated witness shall be required by the Department to sign an agreement setting forth their willingness to conduct themselves while on prison property in a manner consistent with the legitimate penological, security and safety concerns as delineated by the Department.

(3) Witnesses shall be searched before being allowed to witness the execution.

History

KEY: corrections, executions, prisons
Date of Last Change: November 7, 2023
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 77-19-10; 77-19-11

Utah Admin. Code R251-107-7 News Media

(1) The Department shall permit press access to the execution and information concerning the execution consistent with the requirements of the constitutions and laws of the United States and State of Utah.

(2) The Department and the Utah Code recognize the need for the public to be informed concerning executions. The Department will cooperate with the new media to inform the public concerning the execution in a timely manner.

(3) The Executive Director shall be responsible for selecting the members of the news media who will be permitted to witness the execution.

(a) After the court sets a date for the execution of the death penalty, news directors or editors who wish to have a staff member witness the execution may submit, in writing, such request for no more than one news media staff member. The request shall be addressed to the Executive Director and received at least 30 days before the execution.

(b) When administrative convenience or fairness to the news media dictates, the Department, in its discretion, may extend the request deadline.

(i) a statement setting forth facts showing that the requesting individual falls within the definition of member of the "press" and "news media" as set forth in this rule;

(ii) an agreement to act as a pool representative for other news gathering agencies desiring information on the execution; and

(iii) an agreement that the media member will abide by any condition while in attendance at the execution.

(d) Upon receipt of a news director's or editor's request for permission for news media witnesses to attend the execution, the Executive Director may take the steps necessary to verify the statements made in the request. After verifying the information in the request, selection of witnesses shall be made by the Executive Director.

(e) As a condition to attending the execution, each designated media witness shall be required by the Department to execute an agreement setting forth their willingness to conduct themselves while on prison property in a manner consistent with the legitimate penological, security and safety concerns as delineated by the Department.

(f) Media witnesses shall be searched before being allowed to witness the execution.

(g) The Department shall arrange for pre-execution briefings, distribution of media briefing packages, briefings throughout the execution event, and post-execution briefings by the news media who witnessed the execution.

(4) Persons representing the news media witnessing the execution shall be required to sign a statement or release absolving the institution or any of its staff from any legal recourse resulting from the exercise of search requirements or other provisions of the witness agreement.

(5) News media representatives shall, after being returned from the execution to the staging area, act as pool representatives for other media representatives covering the event.

(a) The pool representatives shall meet at the designated media center and provide an account of the execution and shall freely answer all questions put to them by other media members and may not be permitted to report their coverage of the execution back to their respective news organizations until after the non-attending media members have had the benefit of the pool representatives' account of the execution.

(b) News media members attending the post-execution briefing shall agree to remain in the briefing room and not leave nor communicate with persons outside the briefing room until the briefing is over.

(c) The briefing shall end when the attending news media members are through asking questions or after 60 minutes, whichever comes first.

(d) Any film or videotape obtained by a pool photographer may not be used in any news or other broadcast until made available to all agencies participating in the pool. All agencies receiving the film or videotape will be permitted to use them in news coverage and to retain the film or videotape for file footage.

(6) The Department may alter these processes to impose additional conditions, restrictions, and limitations on media coverage of the execution when requirements become necessary for the preservation of prison security, personal safety or other legitimate interests which may be in jeopardy.

(7) If extraordinary circumstances develop, additional conditions and restrictions shall be no more restrictive than required to meet the exigent circumstances.

History

KEY: corrections, executions, prisons
Date of Last Change: November 7, 2023
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 77-19-10; 77-19-11

Utah Admin. Code R251-107-8 Authority of Executive Director

The Executive Director or their designee shall be authorized to make changes in policies and procedures that are necessary to ensure the interest of security, safety, and professionalism is maintained during the planning, training, and administering of the execution order.

History

KEY: corrections, executions, prisons
Date of Last Change: November 7, 2023
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 77-19-10; 77-19-11

R251-108 Adjudicative Proceedings

Utah Admin. Code R251-108-1 Purpose and Authority

(1) The purpose of this rule is to establish a procedure by which informal adjudicative proceedings shall be conducted as a result of a notice of agency action, or a request by a person for agency action regarding Department of Corrections rules, orders, policies, or procedures. This rule may not apply to internal personnel actions conducted within the Department.

(2) This rule is authorized by Sections 63G-3-201, 63G-4-202, 63G-4-203, and 64-13-10.

History

KEY: corrections, administrative procedures
Date of Last Change: July 6, 2026
Notice of Continuation: June 22, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 63G-4-202; 63G-4-203

Utah Admin. Code R251-108-2 Definitions

(1) "Adjudicative proceeding" means a departmental action or proceeding.

(2) "Department" means Department of Corrections.

(3) "Hearing" means an adjudicative proceeding that may include not only a face-to-face meeting, but also a proceeding or meeting conducted by telephone, television, or other electronic means.

(4) "Person" means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity, or another agency.

(5) "Personnel actions" means any administrative hearings, grievance proceedings and dispositions, staff disciplinary process, promotions, demotions, transfers, or terminations within the Department.

(6) "Presiding officer" means an agency head, or an individual or body of individuals designated by the agency head, by the agency's rules, or by statute to conduct an adjudicative proceeding; if fairness to the parties is not compromised, an agency may substitute one presiding officer for another during any proceeding.

(7) "Petition" means a request for the Department to determine the legality of agency action or the applicability of policies, procedures, rules, or federal regulations relating to agency actions associated with the governing of persons or entities outside the Department.

History

KEY: corrections, administrative procedures
Date of Last Change: July 6, 2026
Notice of Continuation: June 22, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 63G-4-202; 63G-4-203

Utah Admin. Code R251-108-3 Policy

(1) All adjudicative proceedings not exempted under Section 63G-4-202 shall be informal.

(2) Upon receipt of a petition, the Department shall conduct an informal hearing regarding its actions or the applicability of Department policies, rules, orders, or procedures that relate to particular actions.

(3) The Department shall provide forms and instructions for persons or entities who request a hearing.

(4) Hearings shall be held in accordance with procedures outlined in Section 63G-4-203.

(5) The provisions of this rule do not affect any legal remedies otherwise available to a person or an entity to:

(a) compel the Department to take action; or

(b) challenge a rule of the Department;

(6) The provisions of this rule do not preclude the Department, or the presiding officer, before or during an adjudicative proceeding, from requesting or ordering conferences with parties and interested persons to:

(a) encourage settlement;

(b) clarify the issues;

(d) expedite the proceedings; or

(e) grant summary judgment or a timely motion to dismiss.

(7) A presiding officer may lengthen or shorten any time period prescribed in this rule, with the exception of those time periods established in Title 63G, Chapter 4, Administrative Procedures Act, applicable to this rule.

(8) The Commissioner or their designee shall appoint a presiding officer to consider a petition within five working days after its receipt.

(9) The presiding officer shall conduct a hearing regarding allegations contained in the petition within 30 working days after notification by the Commissioner.

(10) The presiding officer shall issue a ruling subject to the final approval of the Commissioner within 15 working days following the hearing and forward a copy of the ruling by certified mail to the petitioner.

(11) The petition and a copy of the ruling shall be retained in the Department's records for a minimum of two years.

(12) The ruling issued by the presiding officer terminates the informal adjudicative proceeding process.

(13) Appeals shall be submitted to a court of competent jurisdiction as outlined in Sections 63G-4-401 and 63G-4-402.

History

KEY: corrections, administrative procedures
Date of Last Change: July 6, 2026
Notice of Continuation: June 22, 2026
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 63G-4-202; 63G-4-203

R251-109 Sex Offender Treatment Providers

Utah Admin. Code R251-109-1 Authority and Purpose

(1) This rule is authorized by Sections 63G-3-201, 64-13-10, 64-13-25, and 76-5-406.5.

(2) The purpose of the rule is to define the criteria and guidelines for the minimum standards, application and approval process, and program requirements for sex offender treatment providers.

History

KEY: mental health, corrections, treatment providers, sex offender treatment
Date of Last Change: May 4, 2016
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

Utah Admin. Code R251-109-2 Definitions

(1) "Approved provider status" means status as a provider for sex offender services through the Utah Department of Corrections.

(2) "Affiliate approval" means approval of a professional who does not meet experience requirements and is seeking to become approved as a provider.

(3) "Direct clinical experience" means face-to-face contact with patients/clients, direct supervision, training, case coordination and research.

(4) "Program" is the specific services as listed in the R251-109-6, pertaining to the program requirements each clinician is providing to UDC clientele with a sex offense charge.

(5) "Formal training" means education or supervised experience in the required field; may be provided at an accredited college or university or at seminars or conferences.

(6) "Disclosure" means the discussion during treatment of previous adjudicated and unadjudicated sexual offenses.

(7) "Provider" means a therapist who has been approved by the Department to provide services to sex offenders under the jurisdiction of the Utah Department of Corrections.

(8) "Provider supervision" means one hour of supervision for every 40 hours of direct client contact with a minimum of one hour supervision per month.

(9) "Screening committee" means group of Department of Corrections employees assigned to screen and approve applications from providers to provide sex offender treatment.

(10) "Transition program" means a program designed to help offenders move from residential to non-residential treatment; also to help them move from intensive to progressively less intensive treatment.

(11) "UDC" means Utah Department of Corrections.

History

KEY: mental health, corrections, treatment providers, sex offender treatment
Date of Last Change: May 4, 2016
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

Utah Admin. Code R251-109-3 Provider Standards and Requirements

It is the policy of the Department that:

(1) all potential providers of sex offender treatment shall be screened by the screening committee to ensure they meet the specific established standards and qualifications for providers of sex offender treatment, as found in R251-109-6;

(2) providers, shall require disclosure of criminal sexual behavior by the offender as a basic requirement for successful completion of therapy;

(3) approved providers must reapply to UDC every two years to renew their approved provider status;

(4) providers shall have a current Utah license to practice therapy in a mental health profession, as listed in the Mental Health Practice Act,58-60-102 which shall include:

(a) psychiatry;

(b) psychology;

(d) marriage and family therapy;

(5) providers' education shall include:

(a) a master's or doctorate degree from a fully accredited college or university in:

(i) social work, mental health counseling; or

(ii) psychology;

(b) a medical doctor if board certified/eligible psychiatrist; or

(6) within two years immediately preceding application for approval, the provider shall have at least 1,000 hours of direct clinical experience in sex offender treatment, including:

(a) at least 180 hours of sex offender evaluation experience; and

(b) at least 1,000 hours of sex offender treatment experience;

(7) within two years immediately preceding application, the provider shall have received at least 20 hours of sex offender specific formal training, 26 total hours of professional training;

(8) licensed professionals and professionals in graduate training or post graduate residency who do not meet the experience and training requirements may apply to UDC for affiliate approval;

(9) affiliate approval shall require that the applicant arrange for ongoing provider supervision of therapy by an approved provider;

(10) affiliates may provide services as part of a degree program leading to licensure;

(11) required training may be obtained through:

(a) documented conferences;

(b) symposia;

(d) other course work;

(12) the training shall be directly related to the treatment and evaluation of sex offenders;

(13) the training may include:

(a) behavioral cognitive methods;

(b) reconditioning and relapse prevention;

(d) use of polygraph examinations;

(e) group therapy;

(f) individual therapy;

(g) sexual dysfunction;

(h) victimology;

(i) couples and family therapy;

(j) risk assessment;

(k) sexual addiction;

(l) sexual deviancy; and

(m) ethics and professional standards;

(14) prior to and during approval, all providers must agree to abide by reporting and other requirements established by UDC and the laws and statutes of this state;

(15) reporting requirements shall include the offender's:

(a) progress in therapy;

(b) prognosis; and

(16) failure to comply with reporting requirements may result in a provider being removed from the approved list.

History

KEY: mental health, corrections, treatment providers, sex offender treatment
Date of Last Change: May 4, 2016
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

Utah Admin. Code R251-109-4 Application Process

(1) All individuals providing services are required to be approved.

(2) Each applicant shall provide all the required documentation to UDC at the time of submission. If not, the packet shall be returned to the provider.

(3) Individuals or affiliates who are supervised by an approved individual or agency may begin providing services pending approval once UDC receives their application packet.

(4) Reapplication shall include:

(a) documentation demonstrating continuing education and training in sex offender specific treatment of not less than twenty hours every two years;

(b) current licensure with the state;

(d) information on any changes in modality of treatment.

(5) Failure to reapply every two years shall result in the provider being removed from the approved provider list.

History

KEY: mental health, corrections, treatment providers, sex offender treatment
Date of Last Change: May 4, 2016
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

Utah Admin. Code R251-109-5 Approval Process

(1) It is the policy of UDC that all therapists providing services to sex offenders under the jurisdiction of UDC shall have been reviewed and approved by the screening committee.

(2) Approval may be suspended by either the provider or UDC.

(3) A provider shall be removed from the list of approved providers by written request to UDC.

(4) UDC may suspend approval for:

(a) failure to reapply;

(b) failure to comply with provider protocol;

(d) failure to meet provider standards;

(e) criminal conviction; or

(f) other legitimate penological reasons as determined by the division director.

(5) Providers who are not approved may appeal that decision to the screening committee within thirty days of denial.

(6) Appeals must contain specific documentation of why the denial was inaccurate.

(a) Providers who are not approved may appeal that decision to the SOTF administration/disciplinary (screening) committee. Should this not be viewed as acceptable, the provider or affiliate may instead appeal to the UDC director of Institutional Programming.

(b) Appeals must contain specific documentation of why the denial was inaccurate and or additional documentation to address concerns that resulted in the denial.

History

KEY: mental health, corrections, treatment providers, sex offender treatment
Date of Last Change: May 4, 2016
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

Utah Admin. Code R251-109-6 Program Requirements

(1) It is the policy of UDC that each provider meets certain accepted standards for treatment of sex offenders.

(2) Treatment programs for sexual offenders convicted of crimes against persons shall have the following intake components available:

(a) complete psycho-sexual evaluation, to include:

(i) sex offender specific testing;

(ii) assessment of personality and intelligence using research validated testing (ie. MMPI, WRAT-4); and

(iii) penile plethysmograph testing, with stimuli which conforms to state statute, for male offenders arousal patterns and establish baselines

(iv) and polygraph examinations for female offenders to determine accountability for sexual offense history.

(b) screening shall include the following co-occuring issues: mental health history, physical health concerns, other criminal behaviors/legal issues, substance abuse, financial, employment, familial issues, and social support network.

(3) Polygraph examination shall be used for offenders when deemed appropriate by the provider and/or UDC staff, examples includes sexual history, deception about criminal behavior.

(4) Following assessment, the provider shall submit a written report to UDC staff including:

(a) findings of testing including specifics on offender's risk to community safety;

(b) the offender's suitability for treatment;

(d) the cost to the offender.

(5) The level of services shall include:

(a) sex offender groups;

(b) individual therapy;

(d) ongoing transition program; and

(e) a minimum of one monthly progress report to UDC staff.

(6) An intensive treatment program shall be available which includes:

(a) two weekly sex offender group sessions;

(b) individual weekly session;

(d) on-going transition program; and

(e) a minimum of one monthly progress report to UDC staff.

(7) Intensive treatment shall be conducted on a minimum of three different days per week, based upon risk and clinical judgment.

(8) When treatment is terminated unsuccessfully, the provider shall:

(a) notify UDC staff prior to termination; and

(b) provide notification of discharge from treatment, as a minimum, verbally to AP and P prior to notifying the offender of his or her status.

(c) provide notification by the provider to the supervising agent within 72 hours of unsuccessful termination; a phone call is sufficient for this.

(d) provide written notification (email, fax or letter) to the supervising agent within five business days of offender's discharge, addressing:

(i) reason for termination;

(ii) progress of the offender to date;

(iii) prognosis of the offender; and

(iv) the offender's risk to the community.

(9) When treatment is terminated successfully, the provider shall:

(a) notify UDC staff of the recommendation to terminate therapy; and

(b) provide a written report to UDC staff addressing:

(i) issues addressed in therapy;

(ii) the offender's compliance with the treatment plan;

(iii) progress made by the offender;

(iv) prognosis of the offender;

(v) additional services need to address factors, such as continuing care, support network, employment, mental health issues, substance use issues, etc.; and

(vi) results of a current (less than 90 days old), if appropriate, plethysmograph or polygraph, unless prior optimal results deem the requirement as not required.

(10) As requested, the provider shall submit written reports to UDC, courts and the Board of Pardons and Parole, as applicable.

(11) With reasonable notification, therapists shall appear in court or before the Board of Pardons and Parole as needed.

History

KEY: mental health, corrections, treatment providers, sex offender treatment
Date of Last Change: May 4, 2016
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

R251-110 Sex and Kidnap Offender Registration Program

Utah Admin. Code R251-110-1 Authority and Purpose

(1) This rule is authorized under Sections 63G-3-201, 64-13-10, and 77-41, of the Utah Code.

(2) The purpose of the rule is to define the registrant requirement and process for obtaining sex and kidnap offender registration information.

History

KEY: sex and kidnap crimes, notification
Date of Last Change: March 21, 2003
Notice of Continuation: November 19, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10; 77-27-21.5

Utah Admin. Code R251-110-2 Definitions

(1) As used in this section:

(a) "Department" means Utah Department of Corrections;

(b) "registrant" means any individual who is registered under UCA 77-41, of the Utah Code; and

(c) "Sex and kidnap Offender Registry" means the unit of the Department assigned to manage the state's sex and kidnap offender registration program, sex and kidnap offender information files and disseminate information on sex and kidnap offenders.

History

KEY: sex and kidnap crimes, notification
Date of Last Change: March 21, 2003
Notice of Continuation: November 19, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10; 77-27-21.5

Utah Admin. Code R251-110-3 Registrant Requirements

(1) A sex/kidnap offender as defined under Section 77-41-102, of the Utah Code, shall adhere to the provisions in stated code.

(2) Registrants shall sign the Utah Sex and kidnap Offender Registration Form upon each request.

History

KEY: sex and kidnap crimes, notification
Date of Last Change: March 21, 2003
Notice of Continuation: November 19, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10; 77-27-21.5

Utah Admin. Code R251-110-4 Public Access to Sex Offender Registry

(1) If members of the public do not have access to the sex and kidnap offender registry website, they may request sex and kidnap offender registration information from the Department's Sex and kidnap Offender Registry.

(a) Requests may be in writing with a return address and telephone number.

(b) Requests shall be sent to the Utah Department of Corrections, Sex and kidnap Offender Registry Unit, 14717 S. Minuteman Drive, Draper, Utah 84020.

(c) If a requestor changes his or her residence after having submitted a request, but prior to receiving a response from the Department, it is the requestor's obligation to file another request with a current return address and telephone number.

(d) Members of the public may request information by telephone.

History

KEY: sex and kidnap crimes, notification
Date of Last Change: March 21, 2003
Notice of Continuation: November 19, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10; 77-27-21.5

Utah Admin. Code R251-110-5 Instructions for Use of the Information

(1) Information compiled for this registry may not be used to harass or threaten sex offenders or their families.

(2) Harassment, stalking, or threats are prohibited and doing so may violate Utah criminal law.

History

KEY: sex and kidnap crimes, notification
Date of Last Change: March 21, 2003
Notice of Continuation: November 19, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10; 77-27-21.5

R251-111 Government Records Access and Management

Utah Admin. Code R251-111-1 Authority and Purpose

(1) This rule is authorized Sections 63A-12-104(2), 63G-2-204, 64-13-10, 46-4-501 and 46-4-502, of the Utah Code.

(2) The purpose of this rule is to provide procedures for access to government records of the Department of Corrections and to facilitate intergovernmental, cross-boundary intercooperation.

History

KEY: criminal records, corrections, GRAMA, government records
Date of Last Change: March 26, 2014
Notice of Continuation: March 12, 2024
Authorizing, and Implemented or Interpreted Law: 63A-12-104(2); 63G-2-204; 64-13-10; 46-4-501; 46-4-502

Utah Admin. Code R251-111-2 Definitions

(1) "Department" means the Department of Corrections.

(2) "GRAMA" means Government Records Access and Management Act, Title 63G, Chapter 2, Utah Code.

(3) "Individual" means a human being.

(4) "Inmate" means any person who is committed to the custody of the Department and who is housed at a correctional facility or at a county jail at the request of the Department.

(5) "Person" means any individual, nonprofit or profit corporation, partnership, sole proprietorship, or other type of business organization.

(6) "Requester" means the person making a request for records.

History

KEY: criminal records, corrections, GRAMA, government records
Date of Last Change: March 26, 2014
Notice of Continuation: March 12, 2024
Authorizing, and Implemented or Interpreted Law: 63A-12-104(2); 63G-2-204; 64-13-10; 46-4-501; 46-4-502

Utah Admin. Code R251-111-3 Requests for Access

(1) Requests for access to records shall be directed as follows:

(a) All records requests by an inmate or offender under the jurisdiction of the Department shall be directed to:

(i) For all inmates: Institutional Operations Division, Primary Records Officer, Utah State Prison, P.O. Box 250, Draper, Utah 84020; or

(ii) For all probationers and parolees: Adult Probation and Parole Division, Primary Records Officer, Administration, 14717 Minuteman Drive, Draper, Utah 84020.

(b) All records requests by persons to obtain information for a story or report for publication or broadcast to the general public shall be directed to the Public Information Officer, 14717 Minuteman Drive, Draper, Utah 84020.

(c) All requests for access to records by persons other than those specified in subparagraphs (a) and (b) above, shall be directed to the Records Bureau, 14717 Minuteman Drive, Draper, Utah 84020.

(d) All requests from governmental agencies shall be directed to the appropriate unit of the Department, as approved by the Records Bureau or specified in Departmental policy.

(2) The time limits dictated by GRAMA Section 63G-2-204, of the Utah Code, for response to requests shall be calculated based on receipt of a valid request at the office specified in this rule.

(3) Written requests may be submitted electronically. Evidence of identity, where required, shall be based upon accepted State standards for electronic identification.

History

KEY: criminal records, corrections, GRAMA, government records
Date of Last Change: March 26, 2014
Notice of Continuation: March 12, 2024
Authorizing, and Implemented or Interpreted Law: 63A-12-104(2); 63G-2-204; 64-13-10; 46-4-501; 46-4-502

Utah Admin. Code R251-111-4 Inmate Submission Requirements -- Forms

(1) All records requests from inmates shall be submitted on the Utah State Prison Inmate GRAMA Records Request Form supplied by the Department.

(2) Records requests by inmates at the Utah State Prison or the Central Utah Correctional Facility must be accompanied by a Money Transfer Form which authorizes a deduction for fees from the inmate's account or a proper request for a waiver of fees.

(3) Inmates requesting a fee waiver because of a claimed indigent status, or other reason, shall state the claim on the request form.

History

KEY: criminal records, corrections, GRAMA, government records
Date of Last Change: March 26, 2014
Notice of Continuation: March 12, 2024
Authorizing, and Implemented or Interpreted Law: 63A-12-104(2); 63G-2-204; 64-13-10; 46-4-501; 46-4-502

R251-114 Offender Long-Term Health Care - Notice

Utah Admin. Code R251-114-1 Authority and Purpose

(1) This rule is authorized under Sections 63G-3-201, 64-13-10, and 64-13-39.5, of the Utah Code.

(2) The purpose of this rule is to define a consistent format and procedure to provide notification to facilities, and information to the public, when a chronically or terminally ill offender is placed in an assisted living or nursing care facility by the UDC, and provide a training program for facility residents and employees to help ensure safety.

History

KEY: chronically ill, terminally ill, facility notice, long-term care
Date of Last Change: March 11, 2008
Notice of Continuation: February 13, 2023
Authorizing, and Implemented or Interpreted Law: 64-13-39.5

Utah Admin. Code R251-114-2 Definitions

(1) "Chronically ill" has the same meaning as in Section 31A-36-102, of the Utah Code.

(2) "Facility" means an assisted living facility as defined in Subsection 26-21-2(5), of the Utah Code, and a nursing care facility as defined in Subsection 26-21-2(17), of the Utah Code, except that transitional care units and other long term care beds owned or operated on the premises of acute care hospitals or critical care hospitals are not facilities for the purpose of this section.

(3) "Offender" means an inmate given an early release, pardon, or parole due to a chronic or terminal illness.

(4) "Terminally ill" has the same meaning as in Subsection 31A-36-102(19), of the Utah Code.

(5) "UDC" and "Department" means Utah Department of Corrections.

History

KEY: chronically ill, terminally ill, facility notice, long-term care
Date of Last Change: March 11, 2008
Notice of Continuation: February 13, 2023
Authorizing, and Implemented or Interpreted Law: 64-13-39.5

Utah Admin. Code R251-114-3 Policy

It is the policy of the Department if an offender is admitted as a resident of a facility due to a chronic or terminal illness:

(1) UDC shall provide written notice to the administrator of any facility no later than 15 days prior to an offender's admission as a resident.

(2) Notice to a facility shall include the offense for which the offender was convicted, a description of the actual offense, the offender's status with the Department, that the information provided by the Department regarding the offender shall be provided to employees of the facility no later than ten days prior to the offender's admission to the facility, the contact information for the offender's parole officer if the offender is on parole, and a point of contact within the Department.

(3) UDC shall make available to the public on the UDC web page, and upon request, the name and address of the facility where the offender resides, and the date the offender was placed at the facility.

(4) UDC shall provide a training program for the employees who work at the facility where the offender(s) reside, to help ensure the safety of both employees and facility residents.

(5) When the offender is placed by a department or agency from another state, and that department or agency requests it, the UDC shall provide the facility training, if that training has not already been provided, and the UDC may negotiate with the other state for any necessary compensation for this service.

(6) Facility training shall include the duties the administrator of the facility has under Section 64-13-39.5, of the Utah Code, to provide residents of the facility, or their guardians, notice that a convicted felon is being admitted to the facility no later than ten days prior to the offender's admission, to advise potential residents/guardians of current offenders who are residents of the facility, and to assist the UDC training in the safe management of offenders for all employees.

History

KEY: chronically ill, terminally ill, facility notice, long-term care
Date of Last Change: March 11, 2008
Notice of Continuation: February 13, 2023
Authorizing, and Implemented or Interpreted Law: 64-13-39.5

R251-301 Employment, Educational or Vocational Training for Community Correctional Center Offenders

Utah Admin. Code R251-301-1 Authority and Purpose

(1) This rule is authorized by Sections 63G-3-201, 64-13-10 and 64-13-14.5, of the Utah Code.

(2) The purpose of this rule is to provide the requirements for employers who employ offenders. This rule also provides the requirements for offenders' participation in an educational or vocational training program.

History

KEY: corrections, halfway houses, training, offender employment
Date of Last Change: March 13, 2001
Notice of Continuation: June 23, 2025
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-14.5

Utah Admin. Code R251-301-2 Definitions

(1) "Center" means a community correctional halfway house facility designed to facilitate an offender's readjustment to private life.

(2) "Educational or vocational training" means that an offender is participating or is enrolled in an educational or vocational training program that is recognized as being fully accredited by the state, which includes academic, applied-technology or correspondence courses, and in which the student is matriculated or has declared intent to be involved in program-completion or degree- attainment within a reasonable period of time.

(3) "Minimum wage" means compensation paid for hours worked in accordance with federally established guidelines.

(4) "Offender" means a person under the jurisdiction of the Department of Corrections residing in a community correctional center.

History

KEY: corrections, halfway houses, training, offender employment
Date of Last Change: March 13, 2001
Notice of Continuation: June 23, 2025
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-14.5

Utah Admin. Code R251-301-3 Policy

It is the policy of the Department that:

(1) Center offenders should be employed or participate in educational or vocational training on a full-time basis;

(2) offenders participating in educational or vocational training should have sufficient means to meet their financial obligations; and

(3) employers and offenders shall be informed in writing of the Center's rules governing employment, including:

(a) Offenders shall be accountable for all time spent away from the Center;

(b) employers shall contact Center staff when they need the offender to work overtime or work on a day off;

(d) offenders shall have legitimate employment and shall not be allowed to work for less than the prevailing minimum wage, nor under substandard conditions;

(e) employers shall contact Center staff if the offender terminates or is terminated from his position, is excessively late, or leaves work early;

(f) offenders shall not borrow money nor secure an advance in salary without prior approval of Center staff;

(g) offenders shall notify employers of illness, absence or tardiness;

(h) Center staff shall contact the employer periodically to monitor the offender's performance and to verify the offender's work hours;

(i) within two weeks, employers shall send to the Center staff a signed acknowledgment of the rules and willingness to notify Center staff of any violations; and

(j) employers shall contact Center staff with any questions or concerns.

History

KEY: corrections, halfway houses, training, offender employment
Date of Last Change: March 13, 2001
Notice of Continuation: June 23, 2025
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-14.5

R251-303 Offenders' Use of Telephones

Utah Admin. Code R251-303-1 Authority and Purpose

(1) This rule is authorized by Sections 63G-3-201 and 64-13-10, of the Utah Code, which allows the Department to adopt standards and rules in accordance with its responsibilities.

(2) The purpose of this rule is to provide the Department's policy and procedures governing offenders' access to and use of telephones.

History

KEY: corrections, halfway houses
Date of Last Change: 1991
Notice of Continuation: May 8, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

Utah Admin. Code R251-303-2 Definitions

(1) "Center" means community correctional centers; halfway houses.

(2) "Offender" means any person under the jurisdiction of the Department; including inmates, parolees, probationers, and persons in halfway houses or other non-secure facilities.

History

KEY: corrections, halfway houses
Date of Last Change: 1991
Notice of Continuation: May 8, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

Utah Admin. Code R251-303-3 Standards and Procedures

It is the policy of the Department that in order to ensure Center telephones are used for authorized purposes, staff may listen to the offender's conversation, except calls made to legal counsel.

History

KEY: corrections, halfway houses
Date of Last Change: 1991
Notice of Continuation: May 8, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

R251-305 Visiting at Community Correctional Centers

Utah Admin. Code R251-305-1 Authority and Purpose

(1) This rule is authorized by Sections 63G-3-201, 64-13-10, and 64-13-17, of the Utah Code.

(2) The purpose of this rule is to provide the Department's rules governing visitation at Community Correctional Centers.

History

KEY: corrections, visitation
Date of Last Change: August 15, 2017
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 64-13-17

Utah Admin. Code R251-305-2 Definitions

(1) "Center" means a community corrections halfway house facility designed to facilitate an offender's readjustment to private life.

(2) "Confiscate" means to take possession or immediately seize.

(3) "Contraband" means any material, substance or other item not approved by the Department to be in the possession of residents.

(4) "Evidence" means any item which may be used in prosecution of a violation of Department policy or procedure, federal, state or local law.

(5) "Illegal contraband" means any material, substance or other item the possession of which violates criminal statutes.

(6) "Legal representatives" means court personnel, attorneys-at-law and their assistants such as paralegals and investigators.

(7) "Offender" means a probationer, parolee or inmate housed in a Community Correctional Center.

(8) "Premises" means Center's building and land, including residents' property, rooms, persons and vehicles.

(9) "Religious representative" means a priest, bishop, rabbi, religious practitioner or similar functionary of a church or legally recognized denomination or organization.

(10) "Sponsor" means an individual who is approved by Center staff members to accompany an offender while on leave time away from the Center.

(11) "Visit" means a period of time during which an offender has the opportunity to interact with family and friends on Community Correctional Center premises.

History

KEY: corrections, visitation
Date of Last Change: August 15, 2017
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 64-13-17

Utah Admin. Code R251-305-3 Policy

It is the policy of the Department that:

(1) Community Correctional Centers shall schedule days and times for visiting;

(2) visits at other than established visiting hours may be approved by the Center Director/designee;

(3) Community Correctional Centers shall have designated visiting areas;

(4) visitors shall not be allowed in unauthorized areas;

(5) offenders' visitors, except for non-emancipated minors, shall be approved sponsors;

(6) non-emancipated minors shall be accompanied by a parent or guardian;

(7) sponsor applicants may be subject to special conditions (i.e., visiting only, leave time only, etc.);

(8) offenders shall be advised of visiting rules during orientation;

(9) visitors will be advised of visiting rules during the sponsor application process;

(10) visiting may be prohibited for offenders in security cells and as part of restrictions ordered by the Offender Discipline Hearing Officer;

(11) visitors shall be required to sign a visitor log when entering and leaving the Center;

(12) visitors may be required to present picture identification prior to visiting;

(13) visitors are to be appropriately attired per staff discretion (i.e. modest attire, no gang-affiliated attire or accessories, etc.);

(14) sexual contact between visitors and offenders (i.e., petting, prolonged kissing or bodily contact) is prohibited;

(15) visitors shall not bring animals or pets into the Center with the exception of dogs trained to aid individuals with disabilities;

(16) visitors shall visit with only one offender at a time unless approved by Center staff;

(17) offenders and visitors shall not exhibit abusive, disruptive or other inappropriate behavior;

(18) offenders and visitors shall not use loud or offensive language;

(19) visitors suspected to be under the influence of alcohol or drugs shall be denied visiting and advised by staff to arrange alternate transportation if they are operating a vehicle;

(20) if an intoxicated visitor refuses to seek alternate transportation or becomes belligerent, staff shall attempt to detain the individual and contact the local law enforcement for assistance;

(21) visitors shall be responsible for their property and the Department shall not be liable for any loss or damage to visitors' property;

(22) visitors may be subject to search of their person or property for reasonable cause;

(23) visitors attempting to bring contraband on Center premises may have visiting privileges restricted, suspended or revoked;

(24) Center staff may restrict, deny or cancel visiting privileges for the safety, security and orderly operation of the Center or program requirements;

(25) offenders may be prohibited contact with individuals as determined by the court, Board of Pardons and Parole, or Center program requirements; and

(26) an appeal process shall be available to challenge denial or restriction of visiting privileges.

History

KEY: corrections, visitation
Date of Last Change: August 15, 2017
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 64-13-17

R251-306 Sponsors in Community Correctional Centers

Utah Admin. Code R251-306-1 Authority and Purpose

(1) This rule is authorized by Sections 63G-3-201, 64-13-10, and 64-13-17, of the Utah Code.

(2) The purpose of this rule is to provide the Department's policy for sponsors accompanying offenders of Community Correctional Centers into the community and to explain the process of applying to be a sponsor.

History

KEY: community-based corrections, halfway houses, sponsors, corrections
Date of Last Change: October 12, 2011
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-17

Utah Admin. Code R251-306-2 Definitions

(1) "Applicant" means an individual requesting to be a sponsor of an offender.

(2) "BCI" means Bureau of Criminal Identification, Department of Public Safety.

(3) "Center" means a community corrections halfway house facility designed to facilitate an offender's readjustment to private life.

(4) "Immediate family" means spouse, children, stepchildren, mother, father, brother, sister, mother-in-law, father-in- law, step-mother, step-father, step-brother, step-sister, grandmother, and grandfather.

(5) "Leave time" means time granted away from the Center for family, recreational, religious or other approved activities.

(6) "Offender" means a probationer, parolee or inmate housed in a Community Correctional Center.

(7) "Positive identification" means a document or documents containing a photograph and date of birth, including driver's license, federal identification card or passport; does not include credit cards, social security card, or similar document.

(8) "Sponsor" means an individual who is approved by Center staff members to accompany an offender while on leave time away from the Center.

History

KEY: community-based corrections, halfway houses, sponsors, corrections
Date of Last Change: October 12, 2011
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-17

Utah Admin. Code R251-306-3 Policy

It is the policy of the Department that offenders assigned to Centers should be afforded the opportunity to develop or strengthen community support systems and family relationships through the use of sponsors.

History

KEY: community-based corrections, halfway houses, sponsors, corrections
Date of Last Change: October 12, 2011
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-17

Utah Admin. Code R251-306-4 Sponsor Qualifications

(1) Applicants, except spouses, shall be at least 18 years of age;

(2) applicants shall not be approved as sponsors of offenders of the opposite sex without the signed consent of the offender's or the applicant's spouse, or both; this prohibition does not include members of the immediate family;

(3) applicants with a criminal record shall be considered on a case-by-case basis; factors to be considered include:

(a) nature of offenses;

(b) probation or parole officer's comments;

(d) criminal history; and

(e) current involvement in criminal activity;

(4) applicants on probation or parole are required to obtain written permission from their supervising agents; Center staff shall make a notation on the application verifying approval from the supervising agent; and applicants on probation or parole are required to obtain final approval from the Center director/designee; and

(5) a married applicant requesting to sponsor an offender of the opposite sex shall have the signed consent of the applicant's spouse; exceptions are immediate family members.

History

KEY: community-based corrections, halfway houses, sponsors, corrections
Date of Last Change: October 12, 2011
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-17

Utah Admin. Code R251-306-5 Application Procedure

(1) Persons wishing to sponsor residents shall complete an Application to Sponsor form;

(2) Application to Sponsor forms can be obtained from the Correctional Center at which the resident is housed;

(3) a divorced applicant requesting to sponsor an offender of the opposite sex shall provide a copy of final divorce decree; exceptions are the offender's immediate family members;

(4) a records and current warrants check shall be made on each applicant;

(5) applicants shall make a separate application for each offender they request to sponsor;

(6) a sponsor shall not be permitted to sign out and accompany more than one offender at a time except as approved by the Center Director/designee;

(7) applicants shall be required to sign the sponsor application certifying that they have been advised of the rules pertaining to sponsorship of offenders and shall agree to abide by them; the offender shall be returned to the Center on or before the date and time indicated on the Application for Leave form;

(8) applications with inaccurate, incomplete or illegibly written information shall be subject to delay until additional information or clarification is obtained;

(9) applicants providing false information shall be denied as sponsors;

(10) Center staff members may approve, restrict or deny applicant and sponsor privileges due to safety, security, control and orderly operation of the Center, program requirements or the best interests of the Department; and

(11) each sponsor shall sign an Application for Leave form before leaving the Center.

History

KEY: community-based corrections, halfway houses, sponsors, corrections
Date of Last Change: October 12, 2011
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-17

Utah Admin. Code R251-306-6 Sponsor Duties and Consequences For Violations

(1) Sponsors shall be liable for their own actions but shall not be liable for actions of offenders unless the sponsor participated in or encouraged illegal activity;

(2) sponsors shall receive orientation regarding Center rules prior to being allowed to sign out an offender for the first time;

(3) sponsors and residents shall adhere to the rules related to sponsoring offenders; a copy of the rules shall be made available upon request; and

(4) sponsors shall remove or secure firearms or other dangerous weapons within their control where and when an offender is visiting and shall have no alcohol in their possession during the time an offender is visiting.

History

KEY: community-based corrections, halfway houses, sponsors, corrections
Date of Last Change: October 12, 2011
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-17

Utah Admin. Code R251-306-7 Other Rules

Offenders shall not be approved for overnight visits with a married sponsor of the opposite sex; this prohibition does not include members of the immediate family.

History

KEY: community-based corrections, halfway houses, sponsors, corrections
Date of Last Change: October 12, 2011
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-17

R251-401 Supervision Fees

Utah Admin. Code R251-401-1 Authority and Purpose

(1) This rule is authorized under Sections 63G-3-201, 64-13-10, and 64-13-21, of the Utah Code.

(2) The purpose of this rule is to define the UDC's policy regarding offenders' monthly supervision fees including criteria for the suspension or waiver of fees and the circumstances under which an offender may request a hearing.

History

KEY: fees, supervision, offenders
Date of Last Change: October 25, 2007
Notice of Continuation: April 28, 2022
Authorizing, and Implemented or Interpreted Law: 64-13-21

Utah Admin. Code R251-401-2 Definitions

(1) "Board" means Board of Pardons and Parole.

(2) "Fee suspension" means temporary, time-limited suspension of required fee payment when inability to pay is a result of short-term, substantial hardship.

(3) "Fee waiver" means long-term waiver of fee payment when the substantial hardship causing an inability to pay is highly unlikely to change during the period of supervision.

(4) "Substantial hardship" means any condition which would cause gross monthly household income to be below the Federal Poverty Level.

(5) "UDC" means Utah Department of Corrections.

History

KEY: fees, supervision, offenders
Date of Last Change: October 25, 2007
Notice of Continuation: April 28, 2022
Authorizing, and Implemented or Interpreted Law: 64-13-21

Utah Admin. Code R251-401-3 Policy

It is the policy of the Department that:

(1) in accordance with Section 64-13-21, of the Utah Code, offenders on probation or parole shall be assessed a monthly supervision fee of $30.00 if the offense was committed after May 3, 1993;

(2) court- or Board-ordered supervision fees may be waived if the order would create a substantial hardship as determined by the supervising agent and a supervisor or if the offender owes restitution to a victim;

(3) if the offender disagrees with a non-hardship finding, the decision may be appealed up to the appropriate Regional Administrator, whose decision shall be binding;

(4) offenders required to pay supervision fees shall be provided with written procedures regarding the appeal process;

(5) former offenders who had a fee suspension or waiver when their supervision ended, shall not automatically assume the same status if placed on probation or parole again;

(6) offenders who obtain a suspension or waiver shall not be eligible for a refund of any fees previously paid; and

(7) eligible offenders shall reapply for a suspension or waiver of supervision fees each time they are placed on probation or parole.

History

KEY: fees, supervision, offenders
Date of Last Change: October 25, 2007
Notice of Continuation: April 28, 2022
Authorizing, and Implemented or Interpreted Law: 64-13-21

R251-702 Inmate Communication: Telephones

Utah Admin. Code R251-702-1 Authority and Purpose

(1) This rule is authorized by Sections 63G-3-201 and 64-13-10, of the Utah Code.

(2) The purpose of this rule is to provide the policy, procedures, and requirements for the use of and access to inmate communication systems in the Department's prison facilities.

History

KEY: corrections, inmates, prisons, telephones
Date of Last Change: June 6, 1997
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

Utah Admin. Code R251-702-2 Definitions

(1) "Collect" means a billing process which allows a call to be billed to the receiver of a call.

(2) "Department" means Utah Department of Corrections.

(3) "Emergency" means a death or life-threatening illness or accident of an immediate family member.

(4) "Legal call" means calls made to the courts, attorneys or other approved legal advisor.

(5) "Members" means Utah Department of Corrections employees.

History

KEY: corrections, inmates, prisons, telephones
Date of Last Change: June 6, 1997
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

Utah Admin. Code R251-702-3 Policy

It is the policy of the Department that:

(1) calls made on institutional telephones designated for general inmate use may be intercepted, tape-recorded and monitored;

(2) members shall not monitor inmate legal calls;

(3) inmates who intend to call an attorney shall notify members in order to obtain access to a telephone that will not be monitored;

(4) legal calls should not exceed thirty minutes;

(5) attorney/representatives desiring to speak with an inmate client may leave a message, and the inmate may be allowed to return the call using the legal access procedure outlined;

(6) inmates are not allowed to receive incoming calls; and

(7) inmate calls shall be billed collect except in a case of verifiable emergency.

History

KEY: corrections, inmates, prisons, telephones
Date of Last Change: June 6, 1997
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

R251-703 Vehicle Direction Station

Utah Admin. Code R251-703-1 Authority and Purpose

(1) This rule is authorized under Sections 63G-3-201, 64-13-14 and 64-13-10.

(2) The purpose of this rule is to define the Department's policy, procedure and requirements for the operation of the Vehicle Direction Stations located at the Utah State Correctional Facility and Central Utah Correctional Facility.

History

KEY: prisons, corrections
Date of Last Change: September 26, 2023
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 64-13-14

Utah Admin. Code R251-703-2 Definitions

(1) "CUCF" means the Central Utah Correctional Facility located in Gunnison.

(2) "Civilian" means vendor, deliveryman, construction worker, family members, friend, or other person not acting on behalf of the department or an allied agency in an official capacity who needs access to institutional property.

(3) "Department" means Department of Corrections.

(4) "DPO" means Division of Prison Operations.

(5) "ID" means identification issued by an authorized government agency.

(6) "Institutional Property" means the property of USCF and CUCF.

(7) "USCF" means the Utah State Correctional Facility located in Salt Lake City.

(8) "VDS" means Vehicle Direction Station.

(9) "Visitor" means any person accessing institutional property other than a department employee, an inmate, or offender.

History

KEY: prisons, corrections
Date of Last Change: September 26, 2023
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 64-13-14

Utah Admin. Code R251-703-3 Policy

(1) The Department shall maintain a VDS at the main entrance of USCF, and CUCF to control access of vehicles and persons entering or leaving institutional property.

(2) The Vehicle Direction Station (VDS) shall be staffed by an armed member of the Security Unit. The VDS shall be staffed from 0600 to 2200 hours daily.

(3) Drivers entering institutional property shall observe state traffic laws, keep the road free from equipment or vehicles that would obstruct visibility or impede the free flow of traffic, and follow directives of department staff charged with maintaining entry facilities.

(4) Drivers and pedestrians entering institutional property shall heed directions of VDS staff, to ensure the safety of vehicular and pedestrian traffic.

(5) Visitors to institutional property shall be responsible to read and comply with signs posted on the institutional property leading to the VDS pertaining to prohibited contraband from being introduced onto institutional property.

(6) The VDS is the initial control point for controlling contraband from being brought onto institutional property, visitors may be subjected to search and seizure procedures as provided by law.

(7) The VDS shall be the control point for limiting entry to institutional facilities to persons whose presence is necessary to the institution and to authorized visitors of inmates.

(8) All vehicles exiting USCF or CUCF shall be subject to a search. Persons in exiting vehicles shall be required to provide identification and verification of clearance.

(9) Civilians 16 years of age and older, in a vehicle or on foot, shall be required to have picture ID in their possession and to submit it for inspection, before being allowed through the VDS. If they do not have a valid ID:

(a) access to the institutional property through the VDS may not be allowed;

(b) they may not be allowed to wait or park on the entrance road to any institutional facility or on any roads adjacent to an institutional facility; however,

(10) Civilians under 16 years of age may not be permitted access unless accompanied by an approved adult.

(11) Civilians found in the possession of weapons or contraband at the VDS under circumstances which do not constitute a violation of law shall be required to leave institutional property.

(12) Peace officers from allied agencies shall either secure their firearms at the VDS, another approved location, or lock their weapons in their vehicle trunk if the vehicle will not penetrate the secure perimeter.

(13) Persons who have a valid outstanding warrant may be arrested and either cited or transported, depending on the needs of the department and the agency holding the warrant.

(14) Persons who have a valid outstanding warrant, if not arrested, may be denied entry to institutional property until the warrant has been adjudicated.

(15) Visitors shall comply with all directives of VDS officers.

History

KEY: prisons, corrections
Date of Last Change: September 26, 2023
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 64-13-14

R251-705 Inmate Mail Procedures

Utah Admin. Code R251-705-1 Authority and Purpose

(1) This rule is authorized by Sections 63G-3-201 and 64-13-10 and Subsection 64-13-17(4), which allows the Department to adopt standards and rules in accordance with its responsibilities.

(2) The purpose of this section is to establish the department's policies and procedures for processing mail received in the DPO Mail Unit.

History

KEY: corrections, prisons
Date of Last Change: November 7, 2023
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 64-13-10; 64-13-17(3)

Utah Admin. Code R251-705-2 Definitions

(1) "Catalog" means a systematized list whose sole purpose is to feature descriptions of items for sale.

(2) "Department" means the Department of Corrections.

(3) "DPO" means Division of Prison Operations.

(4) "Inspect" means open and examine a letter, correspondence, or other material with the primary objective to detect false labeling, contraband, currency, or negotiable instruments.

(5) "Inter-department mail" means mail sent between departments within the state.

(6) "Inter-office mail" means mail sent from office to office within a department.

(7) "Mail" means written material sent or received by inmates through the United States Postal Service.

(8) "Money instruments" means currency, coin, personal checks, money orders and cashier's, or non-personal checks.

(9) "Nuisance contraband" means items that may include paper fasteners, hair, ribbons, pins, rubber bands, pressed leaves or flowers, promotional gimmicks, gum, stickers, computer disks, maps, calendars, balloons, and other such items having no intrinsic value, or not approved by the department administration to be in the possession of the inmates.

(10) "Privileged mail" means correspondence with a person identified by this chapter that has been properly labeled to claim privileged status.

(11) "Publisher-only rule" means a rule limiting books, audio media, magazines, or newspapers to those sent directly from the publisher, a book or tape club or a licensed bookstore.

(12) "Reasonable cause" means information that could prompt a reasonable person to believe or suspect that there is or might be a threat to the safety, security, or management of the department facility or that could be harmful to persons.

(13) "USP" means either the Utah State Correctional Facility in Salt Lake City or the Central Utah Correctional Facility in Gunnison.

History

KEY: corrections, prisons
Date of Last Change: November 7, 2023
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 64-13-10; 64-13-17(3)

Utah Admin. Code R251-705-3 Standards and Procedures

(1) Inmate mail procedures shall comply with:

(a) the Constitution;

(b) the Laws of the United States;

(d) the laws of the state; and

(e) the authorized written policies and procedures of the Department.

(2) Inmates shall be permitted to send and receive mail while in custody of the Department in the manner defined by this rule.

(3) Inmate mail regulations shall further the legitimate interests of UDC and balance UDC's interest with those of the general public and inmates.

(4) Mail received for inmates at the USP shall be delivered to the USP Mail Unit for processing and:

(a) shall be opened and inspected;

(b) may be read at the discretion of the Department;

(d) may be refused, denied, or confiscated where reasonable cause exists to believe the contents may adversely impact the safety, security, order, or treatment goals of the Department;

(e) may be used as evidence in criminal, civil, or administrative trials or hearings;

(f) is entitled to no expectation of privacy;

(g) all forms of nuisance contraband shall be confiscated and disposed of without notice or opportunity for appeal; and

(h) shall be delivered to inmates without unreasonable delay.

(5) Catalog purchases other than through the DPO Commissary catalog are not authorized and catalogs may not be accepted through the mail, except when sent 1st or 2nd class or from a legal, school, religious, or government printing office.

(6) Staff-to-inmate mail may not be sent in "Inter or Intra-department Delivery" envelopes, but in regular mailing envelopes.

(7) Outgoing inmate mail and inmate inter or intra-department mail shall be deposited in the housing units' outgoing mail depository, picked up by USP Mail Unit staff, and delivered to the USP Mail Unit for processing.

(8) An inmate may not direct nor establish a new business through the mail unless authorized by the Warden of the facility.

(9) An inmate who corresponds concerning a legitimately held business, shall correspond through their attorney or a party holding a power of attorney.

(10) An inmate is not authorized to establish credit transactions through the mail while confined unless authorized by the Warden of the facility.

(11) Fund raising by inmates for personal gain is prohibited.

(12) Envelopes received by the USP Mail Unit displaying threatening, negative gestures or comments, extraneous materials, or grossly offensive sexual comments, shall be confiscated, declared contraband, placed into evidence, and the inmate shall receive disciplinary action.

(13) The publisher-only rule shall govern the receipt of all incoming books, audio media, magazines, and newspapers.

(14) Certain types of mail are entitled to constitutionally protected confidentiality, or privilege; accordingly, this privilege prohibits qualifying correspondence material from being read without cause by staff.

(15) Incoming privileged mail:

(a) shall be inspected, but only in the presence of the inmate addressee;

(b) may not be perused;

(d) may be denied only for reasonable cause and upon instruction of the DPO Director or their designee.

(16) Outgoing privileged mail:

(a) shall be inspected only when there is reasonable cause to believe that the correspondence:

(i) contains material that would significantly endanger the security or safety of the Institution; or

(ii) is misrepresented as legal material.

(b) shall only be inspected in the presence of the inmate sender;

(d) shall not be photocopied;

(e) may only be denied for a reasonable cause, and upon instruction of the DPO Director or their designee; and

(f) from an inmate that cannot be identified, shall be forwarded to the deputy warden who supervises the mail unit, or their designee, who will make a determination of the disposition.

(17) All inmate inter or intra-departmental mail shall be processed through the USP Mail Unit.

(18) Inmate-to-inmate correspondence may not be permitted, unless:

(a) there is a compelling justification for an exception;

(b) there is no alternate means of accomplishing that compelling need; and

(19) Inmates have no entitlement to inmate-to-inmate correspondence created by the constitutions of the United States or the state.

(20) Personal mail written in a language other than English may be delayed for purposes of translation.

(21) The USP Mail Unit may not accept postage-due mail unless payment is waived by the deliverer.

(22) The USP Mail Unit may not accept letters, cards, money instruments, or property items for which there is reasonable cause to believe the items are contaminated, defaced, or handled in such a way as to be offensive.

(23) Items received that cannot be searched without destruction or alteration, such as electronic greeting cards, multilayered cards, and polaroid photographs shall be denied and returned to the sender.

(24) Inmates are prohibited from receiving currency or personal checks.

(25) To be identified as incoming privileged mail, the correspondence shall be from an attorney or other sender qualified for privileged correspondence, be properly labeled as claiming privileged status, and have a return address clearly indicating a judicial agency, law firm, individual attorney, or other approved agency or person.

(26) All publisher-only media shall be new and audio shall be factory sealed and the return address should be commercially printed or stamped.

(27) Nothing in this rule should be interpreted as creating a greater entitlement for inmates or those with whom they correspond than that currently required by law.

History

KEY: corrections, prisons
Date of Last Change: November 7, 2023
Notice of Continuation: February 28, 2022
Authorizing, and Implemented or Interpreted Law: 64-13-10; 64-13-17(3)

R251-706 Inmate Visiting

Utah Admin. Code R251-706-1 Authority and Purpose

(1) This rule is authorized by Sections 63G-3-201, 64-13-10 and 64-13-17, of the Utah Code.

(2) The purpose of this rule is to provide the Department's policies, procedures and requirements for inmate visitation at the Division of Prison Operations.

History

KEY: corrections, prisons, inmates, inmate visiting
Date of Last Change: August 15, 2017
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-17

Utah Admin. Code R251-706-2 Definitions

(1) "abusive" means insulting or harmful.

(2) "adult" means anyone eighteen years of age or older.

(3) "approved adult" means an individual eighteen years of age or older, cleared through background checks and approved by the facility visiting staff to visit an inmate.

(4) "approved visitor" means an individual cleared through BCI and approved by the facility visiting staff to visit an inmate.

(5) "barrier visit" means a non-contact visit where the visitor and inmate are separated by glazing, screen, or other partition.

(6) "BCI" means Bureau of Criminal Identification.

(7) "contraband, illegal" means any item in the possession of an inmate or visitor which violates a federal or state law.

(8) "contraband, nuisance" means any item in the possession of an inmate or visitor which does not violate a federal or state law but does violate a prison policy.

(9) "DPO" means Division of Prison Operations.

(10) "DMV" means Department of Motor Vehicles.

(11) "emergency visit" means visit occasioned by a verifiable emergency, such as serious illness, accident, or death of an inmate's immediate family member.

(12) "foul" means offensive to the senses; vulgar.

(13) "immediate family" means spouse, children, stepchildren, mother, father, brother, sister, mother-in-law, father- in-law, sister-in-law, brother-in-law, step-mother, step-father, step-brother, step-sister, half-brother, half-sister, grandmother, grandfather and grandchildren.

(14) "inmate visiting request form" means a form given to inmates during the Reception and Orientation process or at a later time to add persons to their approved visitor lists.

(15) "Minor" means any person under the age of 18 years old.

(16) "NCIC" means National Crime Information Center.

(17) "NLETS" means National Law Enforcement Teletype System.

(18) "OMR" means Offender Management Review team.

(19) "positive identification" means document containing a photograph and date of birth, including but not limited to a valid driver's license, federal or state identification card, military identification or passport; does not include credit cards, social security card, employment card, or student identification card.

(20) "R and O" means reception and orientation process for new inmates and parole violators committed to the institution.

(21) "special visits" means visits authorized by the warden/designee for circumstances other than normal visiting procedures.

(22) "UDC" means Utah Department of Corrections.

(23) "Uinta" means housing unit for maximum security inmates.

(24) "USP" means Utah State Prison, including Draper and CUCF.

(25) "visit" means a short meeting with an approved visitor; a privilege, not a right, afforded to inmates/visitors at the Utah State Prison.

(26) "visitor's consent form" means a form given to an approved visitor requiring the visitor's signature indicating that the visitor has received, understands, and shall adhere to the visitor rules.

History

KEY: corrections, prisons, inmates, inmate visiting
Date of Last Change: August 15, 2017
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-17

Utah Admin. Code R251-706-3 Visiting Policies

(1) Visitors shall complete a visitor's consent form prior to the initial visit.

(2) Visitors shall receive a copy of the visitor rules and regulations which are distributed at the time of the initial visit. Prior to the first visit, visitors shall read the rules and regulations and shall sign that they understand and will comply with the visiting rules.

(3) Any employee, contractor, volunteer or student who has terminated employment or services with the Department may not be cleared for visits until one year has elapsed from the time of termination of employment or services.

(4) Visitors are to be appropriately attired per staff discretion (i.e. modest attire, no gang-affiliated attire or accessories, etc.).

(5) Upon reasonable suspicion, visitors shall be subject to search, and visitation may be denied for failure to submit to the search request.

(6) Prior to entering the Utah State Prison visiting room, visitors may be screened with a metal detector.

(7) If contraband is discovered, the duty officer shall be notified, and:

(a) visitors attempting to introduce nuisance contraband, which is in violation of DPO policies and procedures, onto prison property may have their visiting privileges suspended, restricted or revoked; or

(b) visitors attempting to introduce illegal contraband onto prison property may be subject to criminal prosecution and suspension of visiting privileges.

(8) Visitors shall not be permitted to bring pets or other animals, except for seeing-eye dogs, onto prison property.

(9) Food items from outside the prison shall not be allowed.

(10) Visits should not exceed two hours. Visiting hours may be reduced or extended on any day based on facility visiting conditions or special holiday schedules. On special visits, conditions including the length of the visit are approved based on an assessment of the request and capabilities of the facility.

(11) Personal property such as purses, wallets, keys, blankets, coats and sweaters worn as outer garments, and money (except for vending machine change in facilities which allow them) are not allowed in the visiting room.

(12) Visitors with babies may bring into the visiting area infant care items that are reasonably needed during the visit. Staff shall accommodate personal need items that do not present a threat to the safety and security of the inmates, staff, and the institution.

(13) The UDC shall not be responsible for loss of personal property. Visitors may secure items in UDC lockers where available.

(14) Visitors shall not be permitted to visit during any scheduled visiting period if less than 30 minutes remain in the visiting period.

History

KEY: corrections, prisons, inmates, inmate visiting
Date of Last Change: August 15, 2017
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-17

Utah Admin. Code R251-706-4 Uinta Visiting

Visitors to the Uinta facility may be required to have additional clearances by the warden/designee or unit manager, prior to visiting the facility.

History

KEY: corrections, prisons, inmates, inmate visiting
Date of Last Change: August 15, 2017
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-17

Utah Admin. Code R251-706-5 Processing Visiting Application

(1) A visiting application shall be completed by inmates who wish to have a visitor. It is the inmate's responsibility to ensure that the visiting application information is complete and approved by facility visiting staff prior to the first visit.

(2) Visiting applications shall be checked by facility visiting staff through BCI, NLETS, DMV and local wants and warrants prior to the applicant being considered for visitation privileges.

(3) Visiting applications shall be denied by the captain/designee if there is reason to believe that visits would jeopardize the safety, security, management or control of the Institution.

(4) Applications may be denied when an extensive or recent history of criminal activity exists, or the visitor has:

(a) transported contraband into or out of a correctional facility;

(b) aided or attempted to aid in an escape from a jail or correctional facility;

(d) been under the supervision of UDC for a felony offense.

(5) Visiting application denials may be challenged by visitor applicants through the deputy warden/designee. If the visitor applicant is not satisfied with the deputy warden/designee decision, a second appeal may be made to the warden/designee.

(6) Except for spouses, visitors under 18 years of age shall be accompanied by their parent or legal guardian on the inmate's approved visiting list.

(7) Visitors 16 years of age and older shall present positive identification prior to being permitted to visit.

(8) An individual may not be on more than one inmate's visiting list unless that individual is a member of the immediate family of all inmates involved and is approved as a visitor by the warden/designee.

(9) Adoptions, marriages, or other methods of claiming legal relationships, performed for the purpose of circumventing existing visiting policies shall be considered invalid.

(10) Visitors may have their names removed from any visiting list by sending a written request to the facility visiting staff.

(11) Visitors removed from a visiting list at the written request of an inmate or visitor shall not be reinstated for a 90- day period without prior approval of the facility visiting staff.

(12) Except for members of the inmate's immediate family, only one single adult visitor of the opposite sex shall be permitted to be on the visiting list of any one inmate at any given time.

(13) Divorced visitors shall provide proof of divorce to the facility visiting staff before being allowed to visit an inmate of the opposite sex.

(14) Except for members of the inmate's immediate family, married persons visiting inmates of the opposite sex shall be accompanied by one or more of the following, who shall remain with the visitor for the duration of the visit:

(a) visitor's spouse who is on approved visiting list;

(b) inmate's spouse;

(d) other persons approved by the facility visiting staff.

History

KEY: corrections, prisons, inmates, inmate visiting
Date of Last Change: August 15, 2017
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-17

Utah Admin. Code R251-706-6 Visitor Suspensions

(1) A visit may be suspended, restricted or revoked for dress code violation, foul and abusive language/conduct, or refusal to comply with DPO policies or procedures, or when necessary to meet safety, security, management or control requirements of the Utah State Prison.

(2) The facility visiting staff may suspend, restrict or revoke visits if the behavior of the visitor or inmate jeopardizes the safety, security, management or control of the institution.

(3) If a visit is suspended, restricted, or revoked the facility visiting staff shall document the action by providing notification of the rules infraction to the inmate, visitor, inmate's OMR, and duty officer. The inmate's OMR may review the documentation and make decisions regarding visiting to the visiting staff members for modification of the suspension, restriction, or revocation. The inmate may appeal suspensions, restrictions, or revocations by submitting a written request to the warden/designee.

(4) Visiting privileges may be permanently revoked or altered as follows:

(a) visitors who bring drugs into the institution may be permanently barred from visiting; and

(b) inmates guilty of attempting to introduce drugs, weapons or contraband money to the institution through the visiting process may be placed on barrier visits.

(5) Barrier visits may be required for inmates when:

(a) visitors have not been in compliance with visiting regulations on prior occasions and have been warned or required to leave the visiting area;

(b) inmates are classified as Level 1 or 2;

(d) inmates have been convicted of disciplinary infraction A13 (Possession, introduction or use of any unauthorized intoxicants, unauthorized drugs or drug paraphernalia, positive urinalysis, breath analysis, blood test, or refusal to submit to the same; or

(e) inmate or visitor behavior, or a recent history of behavior is a threat to the safety and security of the inmates, visitors, staff and the institution.

History

KEY: corrections, prisons, inmates, inmate visiting
Date of Last Change: August 15, 2017
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-17

Utah Admin. Code R251-706-7 Sex Offender Visiting

(1) Inmates identified as sex offenders by R and O or visiting staff members may be restricted from visits with minors as follows:

(a) inmates shall not visit with minors identified as the victim of the inmate;

(b) inmates with a documented history of sexual misconduct with a child under the age of 18 years shall not visit with any minor while incarcerated;

(c) court orders or Board of Pardons and Parole orders regarding contact or non-contact between inmates and minors will be enforced;

(d) inmates may appeal visiting restrictions with minors by written appeal to the warden/designee; or

(e) visits between inmates and minors for therapeutic or clinical reasons may be approved on an individual visit basis by the warden/designee.

History

KEY: corrections, prisons, inmates, inmate visiting
Date of Last Change: August 15, 2017
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-17

Utah Admin. Code R251-706-8 Special Visits

Requests for special visits or emergency visits from individuals not on an approved visiting list may be approved or denied for reasonable cause by the warden/designee.

History

KEY: corrections, prisons, inmates, inmate visiting
Date of Last Change: August 15, 2017
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-17

R251-707 Legal Access

Utah Admin. Code R251-707-1 Authority and Purpose

(1) This rule is authorized by Sections 63G-3-201, 64-13-7, 64-13-10 and 64-13-17, which allow the Department to adopt procedures in accordance with its responsibilities.

(2) The purpose of this rule is to provide the policy and procedures for inmates under the control of Division of Prison Operations regarding access to courts and counsel.

History

KEY: corrections, prisons, legal aid
Date of Last Change: November 7, 2023
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63-46a-3; 64-13-7; 64-13-10; 64-13-17

Utah Admin. Code R251-707-2 Definitions

(1) "Attorney" means a member of the legal profession who has been licensed by a state and who has a current and valid license or bar card allowing him to practice law; lawyer; counsel; esquire.

(2) "Attorney Representatives" means paralegals, law clerks, investigators and other attorneys who are acting under the authority and supervision of the attorney of record.

(3) "CUCF" means Central Utah Correctional Facility located in Gunnison.

(4) "DPO" means Division of Prison Operations.

(5) "Out-Count Status" means any inmate under legal supervision or confinement of the Utah Department of Corrections who is housed at any location other than the Salt Lake or Gunnison sites.

(6) "Prison" means the Utah State Correctional Facility in Salt Lake City and Central Utah Correctional Facility in Gunnison.

(7) "Probable Cause" means sufficient knowledge of articulable facts or circumstances to lead a reasonable person to conclude that another person has committed, is committing, or is about to commit a crime or a violation of a legally enforceable policy or rule.

(8) "Service of Process" means the service of writs, summonses, warrants and subpoenas to inmate or UDC members.

(9) "UDC" means the Utah Department of Corrections.

(10) "USCF" means the Utah State Correctional Facility in Salt Lake City.

History

KEY: corrections, prisons, legal aid
Date of Last Change: November 7, 2023
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63-46a-3; 64-13-7; 64-13-10; 64-13-17

Utah Admin. Code R251-707-3 Policy

(1) UDC shall provide legal assistance to inmates in preparing and filing of an initial pleading in habeas corpus and civil rights suits challenging conditions of confinement arising from incarceration at the prison.

(2) Inmates incarcerated at UDC facilities shall be allowed reasonable access to courts and counsel regarding any type of legal matter.

(3) Inmates in out-count status shall have extended access to courts and counsel.

(4) UDC shall pay for and provide the primary means of access to legal services, though inmates may secure legal counsel at their own expense if they prefer not to use the contracted legal firm or they may choose to represent themselves.

(5) Inmate writ writers may represent themselves but may not represent other inmates.

(6) A law library may not be provided, except that law books may be included among the books in the general inmate library system.

(7) Attorneys shall present a current state bar card and photo ID before being admitted to the prison.

(8) Attorney representatives shall present a letter of introduction from the attorney of record and photo ID before being admitted to the prison.

(9) Attorneys and their representatives may not interfere with the safety, security or orderly operation of the prison.

(10) Attorneys and their representatives shall be cleared through the Bureau of Criminal Identification before being approved for visitation; individuals with a criminal record shall be allowed to visit only with the approval of the Director of Prison Operations or designee.

(11) Attorneys may elect to have an attorney representative visit an inmate client instead of visiting personally.

(12) Attorney representatives:

(a) have no standing on their own; their standing to visit is granted only in their role as representatives of the attorney of record;

(b) may be cleared for visits for the attorneys they represent:

(i) submit a request, in writing, to the warden of the facility where the inmate is housed;

(ii) provide the name and title of the person assigned to represent the attorney of record; and

(iii) provide the name of the inmate to be visited.

(c) who have been cleared shall be given the same basic rights and privileges as those extended to the attorney of record.

(13) Attorneys or their representatives should not be denied visits, nor face inordinate delays when visits are prescheduled within the hours designated by the institution.

(14) In the event of exigent circumstances requiring an attorney or their representative visit before appropriate screening can be completed, temporary approval for a visit may be approved by the DPO Director or their designee.

(15) Inmate attorney or their representative telephone calls shall originate from inside the institution and may not exceed 30 minutes in duration.

(16) Attorneys or their representatives may leave telephone messages requesting return calls.

(17) Visits between inmates and counsel may not be monitored and shall occur in facilities which permit privacy; however, privacy requirements may not prohibit visual observation.

(18) Attorneys or their representatives should schedule on-site visits in advance, when possible.

(19) Attorneys or their representatives may schedule appointments with their inmate clients:

(a) at USCF and CUCF, Monday through Friday, 8 a.m. to 11 a.m. and 1 p.m. to 3 p.m.;

(b) on weekends, holidays, and evenings with prior written clearance from the DPO Director or their designee;

(d) in out-of-state institutions, consistent with receiving agencies' policies and procedures; and

(e) during non-visiting hours without prior approval in exigent circumstances if authorized by DPO Director or their designee.

(20) Attorneys or their representatives shall:

(a) follow UDC and prison rules during visits to the institution;

(b) conduct themselves in a manner consistent with safety and security requirements; and

(21) Physical inspections shall be made of all material brought into and out of any facility by any attorney or their representative and shall be performed only in the presence of the attorney or their representative.

(22) If any written material is declared privileged, it may not be read; however, the attorney or their representative may be required to leaf through these materials in the presence of staff, to assist in inspecting for contraband.

(23) If a reasonable suspicion exists to believe an attorney or their representative possesses contraband, a rub search may be required before permitting the visit and an incident report shall be filed documenting the reasonable suspicion and incident.

(24) Refusal to submit to search may result in the visit being denied and the attorney or their representative being asked to leave the premises.

(25) Strip searches of attorneys or their representatives shall be conducted only if there is reasonable suspicion of a particularized nature; an incident report shall be filed documenting the reasonable suspicion, incident and reason a strip search was necessary under the circumstances.

(26) If a warden or their designee determines that a safety, security, control or management problem could result by allowing an attorney or their representative access to a facility, the warden or their designee may place reasonable restrictions upon access or deny access when necessary; an incident report shall be filed articulating the justification for denying access and documenting the incident.

(27) An attorney or their representative may request a hearing before the Executive Director if they believe the denial of access for them or their legal representative was arbitrary, capricious, unreasonable or in violation of law or UDC policy.

(28) Any attorney or their representative who violates any UDC policy or rule or who provides false information may be denied access to the facility.

(29) Staff members authorized to accept service of process shall ensure that the requirements of proper service are appropriately satisfied at the DPO.

History

KEY: corrections, prisons, legal aid
Date of Last Change: November 7, 2023
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 63-46a-3; 64-13-7; 64-13-10; 64-13-17

R251-708 Perimeter Patrol

Utah Admin. Code R251-708-1 Authority and Purpose

(1) This rule is authorized under Sections 63G-3-201, 64-13-10 and 64-13-14.

(2) The purpose of this rule is to provide the Department's policies and procedures for perimeter patrol of prison facilities.

History

KEY: corrections, prisons, security measures
Date of Last Change: November 7, 2023
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10; 64-13-14

Utah Admin. Code R251-708-2 Definitions

"Contraband" means any material, substance, or other item not approved by the Department administration to be in the possession of inmates.

"Department" means the Department of Corrections.

"Perimeter patrols" means correctional officers assigned to observe and maintain security around the boundary of the prison.

"Prison" means the Utah State Correctional Facility in Salt Lake City, Utah and the Central Utah Correctional Facility in Gunnison, Utah.

History

KEY: corrections, prisons, security measures
Date of Last Change: November 7, 2023
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10; 64-13-14

Utah Admin. Code R251-708-3 Policy

(1) The Department shall maintain perimeter patrols to:

(a) provide security;

(b) prevent escape;

(d) control visitor traffic;

(e) provide escape pursuit when necessary;

(f) maintain order; and

(g) prevent introduction of contraband.

(2) Perimeter patrols shall assist the facilitation of traffic through the secure perimeter at various access points by verifying the identity of persons at those points.

(3) Perimeter patrols shall:

(a) respond to all persons including hunters, walkers, joggers, off-road vehicle riders, and other vehicles on prison property or immediately adjacent areas;

(b) investigate any suspicious person or circumstance; and

(4) Perimeter patrols may not allow non-prison personnel to wait in vehicles, in parking lots, or other areas of prison property.

(5) Perimeter patrols shall investigate unoccupied vehicles on or near the prison perimeter and may impound any vehicle which appears to present a security risk to the prison.

History

KEY: corrections, prisons, security measures
Date of Last Change: November 7, 2023
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10; 64-13-14

R251-709 Transportation of Inmates

Utah Admin. Code R251-709-1 Authority and Purpose

(1) This rule is authorized under Sections 63G-3-201 and 64-13-10.

(2) This rule addresses requirements regarding the transportation of inmates to provide for public safety and the security of inmates under the jurisdiction of the Department.

History

KEY: prisons, corrections, security measures, inmate transportation
Date of Last Change: November 13, 2025
Notice of Continuation: July 15, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

Utah Admin. Code R251-709-2 Definitions

"CUCF" means Central Utah Correctional Facility.

"Restraint" means handcuffs, handcuff cover, locking devices, leg irons, waist chains or other locking and restraining devices.

"Run" means any transport of an inmate off prison property.

"USCF" means Utah State Correctional Facility.

History

KEY: prisons, corrections, security measures, inmate transportation
Date of Last Change: November 13, 2025
Notice of Continuation: July 15, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

Utah Admin. Code R251-709-3 Policy

It is the policy of the Department that during the transportation of inmates the primary goal is to ensure adequate security to prevent escapes and to prevent harm to officers or other persons.

History

KEY: prisons, corrections, security measures, inmate transportation
Date of Last Change: November 13, 2025
Notice of Continuation: July 15, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

Utah Admin. Code R251-709-4 Transportation

(1) Inmates may not be allowed to visit with relatives, friends or members of the general public during transportation, while in a medical facility, courtroom, or while waiting, in transit to or from a medical facility or courtroom.

(2) Requests from attorneys to detain or temporarily relocate inmates for consultations, visits with spouse, parents, or other family members, shall be denied unless the presiding judge specifically orders the visits.

(3) Attorneys requesting consultation with inmates after a hearing may do so for five minutes in a court holding cell unless the presiding judge specifically orders otherwise.

(4)(a) The inmate's attorney or an authorized representative of the attorney may provide civilian clothing for inmates appearing in a jury trial and may drop off the jury clothing to designated areas at USCF or CUCF. Transportation staff shall bring the jury clothing from those areas to the trial.

(b) In certain circumstances, the inmate's attorney may bring jury clothing to the courthouse for the trial if approved by the presiding judge or the transportation run manager. In all cases, the transportation officer shall receive the inmate's jury clothing, search the clothing for contraband, and deliver the clothing to the inmate.

History

KEY: prisons, corrections, security measures, inmate transportation
Date of Last Change: November 13, 2025
Notice of Continuation: July 15, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

Utah Admin. Code R251-709-5 Medical Security Procedures

(1) The transportation officers shall maintain custody of the inmate at all times during medical transportation runs. Exceptions may be made when dealing with inmates of the opposite sex during compromising procedures, such as pap smears and mammograms. When an exception is made, the officers shall remain immediately outside the door if there are no windows or other escape routes in the room or on the opposite side of the privacy curtain.

(2) The transportation officers shall remove a particular restraint upon the doctor's orders if the removal of that restraint is required to perform a medical procedure; only that particular restraint shall be removed and it shall be immediately reapplied upon completion of the medical procedure.

(3) Except in life-threatening emergencies, the transportation officers may not assist nor participate in any medical procedure or other assistance to patients or inmates.

History

KEY: prisons, corrections, security measures, inmate transportation
Date of Last Change: November 13, 2025
Notice of Continuation: July 15, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

Utah Admin. Code R251-709-6 Transporting by Air

When transporting by air, the transportation run manager shall contact the transporting airline before the transportation run to confirm their policies regarding inmate restraints, boarding and alighting policies, firearms on the aircraft, and other inmate transportation issues.

History

KEY: prisons, corrections, security measures, inmate transportation
Date of Last Change: November 13, 2025
Notice of Continuation: July 15, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10

R251-710 Search

Utah Admin. Code R251-710-1 Authority and Purpose

(1) This rule is authorized under Sections 63G-3-201 and 64-13-10, and Subsections 64-13-14(1) and 64-13-17(2), of the Utah Code.

(2) The purpose of this rule is to provide the Department's policy, procedures, and requirements for conducting searches.

History

KEY: corrections, search and seizure, security measures, prisons
Date of Last Change: October 12, 2011
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 64-13-7; 64-13-10; 64-13-14(1); 64-13-17(2)

Utah Admin. Code R251-710-2 Definitions

(1) "Contraband", for purposes of this rule, means:

(a) materials, substances or other items not approved by the Department, or which are in numbers or amounts that are not approved, and which are otherwise known as regular contraband;

(b) materials, substances or other items possessed in violation of state or federal law and which are otherwise known as illegal contraband; or

(c) items that are not illegal, but are not authorized for an inmate to possess including items made from scraps of paper, wood, plastic, metal, wire, etc. and which are otherwise known as nuisance contraband.

(2) "Exigent circumstances" means circumstances that would cause a reasonable person to believe that search is necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.

(3) "Prison" means Utah State Prison in Draper and Central Utah Correctional Facility in Gunnison.

(4) "Probable cause" means sufficient knowledge of articulable facts or circumstances that would lead a reasonable person to conclude that another person has committed, is committing, or is about to commit a crime or a violation of a legally enforceable policy or rule.

(5) "Public" means persons constituting the general population of a state.

(6) "Reasonable suspicion" means suspicion based on specific articulable facts drawn from the totality of the circumstances facing the officer at the time.

(7) "Visitor" means members of the general public entering prison property.

History

KEY: corrections, search and seizure, security measures, prisons
Date of Last Change: October 12, 2011
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 64-13-7; 64-13-10; 64-13-14(1); 64-13-17(2)

Utah Admin. Code R251-710-3 Policy

(1) General Regulations

It is the policy of the Department that:

(a) search and seizure activities shall only be carried out by lawful means.

(2) Visitor Search

It is the policy of the Department that:

(a) the person, personal property, and/or vehicle of visitors are subject to limited, less-invasive searches by Department personnel, such as dog sniffs, metal detectors, and viewing the inside of vehicles, including trunks and compartments, as a condition of entering and remaining on the premises of the prison;

(b) an officer may seize contraband or evidence pertinent to an ongoing investigation;

(c) more invasive searches of the person, personal property, and/or vehicle of visitors may be conducted, and contraband and evidence pertinent to an ongoing investigation seized therefrom, by Department personnel upon reasonable suspicion coupled with voluntary consent;

(d) any visitor who refuses to give consent to a search based upon reasonable suspicion may be denied entrance and required to leave the premises of the prison;

(e) the alert of a police service dog shall constitute probable cause and an involuntary search may be legally conducted;

(f) mandatory searches shall be conducted of all vehicles leaving the prison; vehicle trunks and compartments shall be searched prior to exit;

(g) any person who refuses to give consent to a search of their vehicle upon exiting prison property shall have their vehicle detained until a regularly scheduled institutional count has cleared;

(h) notice shall be posted at the entrance to the prison that persons, their property and vehicles are subject to search while on prison property;

(i) an officer may assume the driver of a vehicle is the proprietary possessor and has the authority to consent to a search of the vehicle;

(j) vendors, construction workers, Department personnel, or other visitors whose presence is necessary and important to prison operation may have contraband confiscated and returned upon exiting prison property, may be asked to leave prison property, or may be arrested;

(k) all vehicles entering through a secure perimeter gate shall undergo a thorough search for contraband; discovery of contraband may result in arrest;

(l) mandatory searches shall be made of all vehicles accessing the double fence secure perimeters of the facilities; and

(m) a visitor to the prison who has an outstanding warrant may be arrested and searched or refused entry to the prison.

(3) Public Search

It is the policy of the Department that:

(a) the person and property of members of the general public may be searched, and contraband and evidence pertinent to an ongoing investigation seized therefrom, by Department personnel pursuant to the following limitations:

(i) their person, clothes, personal property, vehicle and residence based upon voluntary consent;

(ii) their person, clothes, and personal property immediately associated with their person may be involuntarily searched;

(A) to the extent necessary for an officer to determine if a person is carrying weapons, if the officer has a reasonable suspicion that the person is armed and presently dangerous to the officer or others;

(B) incident to lawful arrest;

(D) under exigent circumstances;

(iii) their vehicle may be involuntarily searched;

(A) based upon probable cause if the vehicle is readily mobile;

(B) incident to lawful arrest if the arrestee can access the passenger compartment of the vehicle or if failure to search could result in the loss of evidence pertaining to the crime underlying the arrest;

(D) pursuant to a vehicle inventory incident to the lawful impound thereof;

(iv) their residence may be involuntarily searched;

(A) pursuant to a valid search warrant;

(B) in the form of a protective sweep under exigent circumstances; or

(C) at the time of, or incident to, a lawful arrest of the owner or occupant thereof, but only that portion of the residence and personal property therein which is in the immediate control of the arrestee at that time.

History

KEY: corrections, search and seizure, security measures, prisons
Date of Last Change: October 12, 2011
Notice of Continuation: February 24, 2022
Authorizing, and Implemented or Interpreted Law: 64-13-7; 64-13-10; 64-13-14(1); 64-13-17(2)

R251-711 Admission and Intake

Utah Admin. Code R251-711-1 Authority and Purpose

(1) This rule is authorized under Sections 63G-3-201, 64-13-10, 64-13-14, and 64-13-15.

(2) The purpose of this rule is to provide admission and intake policies applying to individuals committed to Utah State Correctional Facilities.

History

KEY: corrections, prisons
Date of Last Change: November 7, 2023
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10; 64-13-14; 64-13-15

Utah Admin. Code R251-711-2 Policy

(1) Persons committed for incarceration in a state correctional facility should be received at the Utah State Correctional Facility or Central Utah Correctional Facility during normal business hours, designated by the facility. If exigent circumstances exist, prisoner intakes can be determined by the shift commander.

(2) Money and personal property should be inventoried and receipted by the receiving and transporting officers in the presence of the inmate.

(3) Inmates may release property for personal pickup by a relative or friend, or they may mail the property at their own expense.

(4) If property has not been mailed out or picked up within 30 days, it shall be donated to a charitable organization.

History

KEY: corrections, prisons
Date of Last Change: November 7, 2023
Notice of Continuation: November 13, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-10; 64-13-14; 64-13-15

R251-712 Release

Utah Admin. Code R251-712-1 Authority and Purpose

(1) This rule is authorized under Sections 63G-3-201, 64-13-7 and 64-13-10, of the Utah Code.

(2) The purpose of this rule is to provide the Department's policy regarding inmates leaving the institution on parole, termination, expiration of sentence, or being released to a detainer.

History

KEY: corrections, prisons
Date of Last Change: 1994
Notice of Continuation: May 20, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-7; 64-13-10

Utah Admin. Code R251-712-2 Definitions

"Detainer" means a hold on an inmate by another institution or jurisdiction who still has legal jurisdiction over the inmate in order to regain custody once released from the Utah State Prison.

History

KEY: corrections, prisons
Date of Last Change: 1994
Notice of Continuation: May 20, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-7; 64-13-10

Utah Admin. Code R251-712-3 Policy

It is the policy of the Department that:

(1) release transactions at the prison shall conform to statutory and other legal requirements;

(2) inmates leaving the prison, either on parole or to another jurisdiction shall be verified as to eligibility for release from the Utah State Prison;

(3) the Board of Pardons and Parole is the releasing authority for all inmates; and

(4) if an inmate is to be released to a detainer, it shall be the responsibility of the receiving agency to make arrangements for housing and transportation.

History

KEY: corrections, prisons
Date of Last Change: 1994
Notice of Continuation: May 20, 2025
Authorizing, and Implemented or Interpreted Law: 64-13-7; 64-13-10

R251-713 Jail Contracting Funds

Utah Admin. Code R251-713-1 Authority and Purpose

(1) This rule is authorized by Sections 63G-3-201 and 64-13-10.

(2) This rule provides for the disbursement of funds allocated to the Department pursuant to Sections 64-13e-103 and 64-13e-103.2 for jail contracting.

R251-713-2 Definitions.

(1) "Alternative treatment beds" means beds at county correctional facilities that are dedicated to an alternative treatment program for state inmates pursuant to Subsection 64-13e-103(3)(a)(ii).

(2) "Alternative treatment percentage" means a percentage determined by dividing the amount paid by the Department to a county for alternative treatment beds used during a given fiscal year by the total amount paid by the Department to contracting counties for alternative treatment beds during the same fiscal year.

(3) "Contracting county" means a county with whom the Department has contracted during the fiscal year for the housing of state inmates pursuant to Sections 64-13e-103 and 64-13e-103.2.

(4) "Department" means the Utah Department of Corrections.

(5) "Housing beds" means beds at county correctional facilities, other than treatment program beds and alternative treatment beds, that are dedicated to housing state inmates.

(6) "Housing percentage" means a percentage determined by dividing the amount paid by the Department to a county for housing beds used during a given fiscal year by the total amount paid by the Department to contracting counties for housing beds during the same fiscal year.

(7) "Jail contracting funds" means funds allocated to the Department for housing state inmates in county correctional facilities pursuant to Sections 64-13e-103 and 64-13e-103.2.

(8) "State inmate" means an individual who is committed to the custody of the Department and housed in a county correctional facility under a contract entered into between a contracting county and the Department pursuant to Sections 64-13e- 103 and 64-13e-103.2.

(9) "Treatment program percentage" means a percentage determined by dividing the amount paid by the Department to a county for treatment program beds used during a given fiscal year by the total amount paid by the Department to contracting counties for treatment program beds during the same fiscal year.

(10) "Treatment program beds" means beds at county correctional facilities that are dedicated to a treatment program for state inmates pursuant to Subsection 64-13e-103(3)(a)(i).

R251-713-3 Jail Reimbursement.

(1) The Department will pay contracting counties for treatment program beds, alternative treatment beds, and housing beds used by the Department during the fiscal year in accordance with the contracts entered into by the Department and the contracting counties pursuant to Sections 64-13e-103 and 64-13e-103.2.

(2) At the conclusion of each fiscal year, the Department will divide any remaining jail contracting funds between the contracting counties in accordance with Section R251-713-3.

(3) Any funds designated by the Department for treatment program beds pursuant to Subsection 64-13e-103.2(2)(a) that have not been paid pursuant to Subsection R251-713-3(1) by the end of the fiscal year will be divided proportionally among the participating contracting counties based on each county's treatment program percentage.

(4) Any funds designated by the Department for alternative treatment beds pursuant to Subsection 64-13e-103.2(2)(b) that have not been paid under Subsection R251-713-3(1) by the end of the fiscal year will be divided proportionally among the participating contracting counties based on each county's alternative treatment percentage.

(5) Any remaining jail contracting funds that have not been paid pursuant to Subsection R251-713-3(1) by the end of the fiscal year and were not designated by the Department for treatment program beds or alternative treatment beds will be divided proportionally among the contracting counties based on each county's housing percentage.

(6) Payments made by the Department pursuant to Subsection R251-713-3(2) through Subsection R251-713-3(5) will be distributed to the appropriate contracting county by July 31st of the following fiscal year.

History

KEY: county jails, state inmates, inmate placement program
Date of Last Change: January 7, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13e-103; 64-13e-103.2

R251-714 Offender Sexual Assault Prevention

Utah Admin. Code R251-714-1 Authority and Purpose

(1) This rule is authorized under Sections 63G-3-201, 64-13-10, and 64-13-47.

(2) This rule establishes policies and procedures to prevent, detect, respond to, and investigate sexual assaults that occur in Department correctional facilities, including the collection and reporting of offender sexual assault data.

History

KEY: offenders, sex crime
Date of Last Change: July 18, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-21

Utah Admin. Code R251-714-2 Definitions

(1) "Correctional facility" means a facility as defined in Subsection 64-13-1(4).

(2) "Department" means the Utah Department of Corrections.

(3) "Offender" means an offender as defined in Subsection 64-13-1(13).

(4) "Offender sexual assault" means a sexual assault that is perpetrated against an offender while housed in a correctional facility.

History

KEY: offenders, sex crime
Date of Last Change: July 18, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-21

Utah Admin. Code R251-714-3 Policies and Procedures

(1) The Department will require education and training regarding offender sexual assaults including:

(a) providing to offenders, at intake and periodically, Department-approved, easy-to-understand information developed by the Department on sexual assault prevention, treatment, reporting, and counseling in consultation with community groups with expertise in sexual assault prevention, treatment, reporting, and counseling; and

(b) providing sexual-assault-specific training to Department mental health professionals and employees who have direct contact with offenders regarding treatment and methods of prevention and investigation.

(2) The Department will require reporting of offender sexual assault, including:

(a) ensuring the confidentiality of offender sexual assault complaints and the protection of offenders who make complaints of sexual assault; and

(b) prohibiting retaliation and disincentives for reporting sexual assault.

(3) The Department will require safety and care for victims of offender sexual assaults, including:

(a) providing, in situations in which there is reason to believe that a sexual assault has occurred, reasonable and appropriate measures to ensure the victim's safety by separating the victim from the assailant, if known;

(b) providing acute trauma care for sexual assault victims, including treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted infections;

(c) providing confidential mental health counseling for victims of sexual assault, including access to outside community groups or victim advocates that have expertise in sexual assault counseling, and enabling confidential communication between offenders and those organizations and advocates; and

(d) monitoring victims of sexual assault for suicidal impulses, post-traumatic stress disorder, depression, and other mental health consequences resulting from the sexual assault.

(4) The Department will require investigations and, where appropriate, staff discipline for sexual assaults that occur in Department correctional facilities, including:

(a) requiring employees to report any knowledge, suspicion, or information regarding an incident of sexual assault in a correctional facility to the Executive Director or designee, and require disciplinary action for employees who fail to report as required;

(b) requiring investigations described in Section R251-714-4;

(c) requiring corrections investigators to submit completed sexual assault allegations to the Executive Director or designee, who must then submit any substantiated findings that may constitute a crime under state law to the district or county attorney with jurisdiction over the facility in which the alleged sexual assault occurred; and

(d) requiring employees to be subject to disciplinary sanctions up to and including termination for violating agency sexual assault policies, with termination as the presumptive disciplinary sanction for employees who have engaged in sexual assault, consistent with constitutional due process protections and state personnel laws and rules.

(5) The Department will require data collection and reporting as provided in Subsection R251-714-4(3).

History

KEY: offenders, sex crime
Date of Last Change: July 18, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-21

Utah Admin. Code R251-714-4 Investigations of Offender Sexual Assaults

(1) An investigator trained in the investigation of sex crimes shall conduct the investigation of an offender sexual assault.

(2) The investigation shall include:

(a) using a forensic rape kit, if appropriate;

(b) questioning suspects and witnesses; and

(3) The Department shall:

(a) collect and report data regarding allegations of sexual assault from each correctional facility in accordance with the federal Prison Rape Elimination Act of 2003, Pub. L 108-79, as amended; and

( b) annually report the data described in Subsection R251-714-4(3)(a) to the Law Enforcement and Criminal Justice Interim Committee.

History

KEY: offenders, sex crime
Date of Last Change: July 18, 2022
Authorizing, and Implemented or Interpreted Law: 63G-3-201; 64-13-10; 64-13-21