| (1) |
Subject to appropriation by the Legislature, the department may:
Terms Used In Utah Code 64-13f-103- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Cap: means no more than 20% above the community supervision percentage multiplied by the community correctional center projection. See Utah Code 64-13f-102
- Community correctional center: means the same as that term is defined in Section 64-13-1. See Utah Code 64-13f-102
- County zone: means the eastern zone, northern zone, or western zone. See Utah Code 64-13f-102
- Department: means the Department of Corrections. See Utah Code 64-13f-102
- Offender: means the same as that term is defined in Section 64-13-1. See Utah Code 64-13f-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
establish community correctional centers throughout the state in accordance with this section; |
| (b) |
project the number of offenders that may be released to community correctional centers throughout the state; and |
| (c) |
establish, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a procedure to allocate offenders to community correctional centers consistent with Subsections (2), (3), and (4) and based on the number of offenders projected by the department to be released to community correctional centers under Subsection (1)(b). |
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| (2) |
| (a) |
Except as provided in Subsection (2)(b) or (3), the department shall transfer offenders from a community correctional center in a county or county zone that is exceeding the county’s or county zone’s cap to a community correctional center in another county or county zone that is not meeting or exceeding the county’s or county zone’s cap. |
| (b) |
A transfer under Subsection (2)(a) may occur only between community correctional centers that are currently existing and fully operational. |
| (c) |
After a county or county zone transfers offenders under Subsection (2)(a), the department shall permanently reduce the total number of available beds within the county or county zone according to the number of offenders transferred to a different community correctional center under Subsection (2)(a), unless the reduction places the county or county zone below the county’s or county zone’s cap. |
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| (3) |
The department may not transfer an offender under Subsection (2)(a) unless the department determines that the transfer is in the best interest of the offender’s successful re-entry into the community. |
| (4) |
When opening a new community correctional center, the department shall:
| (a) |
determine which counties or county zones are operating in excess of the counties’ or county zones’ respective caps; |
| (b) |
compare the percentages at which the counties or county zones identified in Subsection (4)(a) are operating above the counties’ or county zones’ respective caps; |
| (c) |
use the comparison described in Subsection (4)(b) to determine the number of offenders who may be transferred from each county or county zone to the new community correctional center, giving priority to offender transfers from counties or county zones that have the highest percentages; and |
| (d) |
limit the offenders who will be placed in the new community correctional center to:
| (i) |
offenders who are residents of the county or county zone within which the new community correctional center is located; or |
| (ii) |
offenders for whom the placement would be in the best interest of successful re-entry into the community, as determined by the department. |
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| (5) |
The department shall consider the proximity of the following services to the new community correctional center when determining the placement of a new community correctional center within a county or county zone:
| (e) |
transportation services; and |
| (f) |
other services that contribute to an offender’s successful community reintegration. |
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Amended by Chapter 139, 2022 General Session
