Utah Code 64-13-10.4. Entry of an inmate — Identification application requests

(1)

Terms Used In Utah Code 64-13-10.4

Correctional facility: means any facility operated to house offenders in a secure or nonsecure setting:

(a)	by the department; or

(b)

under a contract with the department. See Utah Code 64-13-1

Department: means the Department of Corrections. See Utah Code 64-13-1

Inmate: means an individual who is:

(a)	committed to the custody of the department; and

(b)

housed at a correctional facility or at a county jail at the request of the department. See Utah Code 64-13-1

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

State-issued driver license: means a driver license issued in accordance with 2, or an equivalent issued by another state. See Utah Code 64-13-1

State-issued identification card: means an identification card issued in accordance with 8, or an equivalent issued by another state. See Utah Code 64-13-1

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(a)

Within 15 days after the date on which an inmate enters incarceration in a state correctional facility, and, if applicable, approximately six months before the date of the inmate’s anticipated release as described in Subsection 64-13-10.6(3), the department shall determine whether the inmate has:

(i)	a certified copy of the inmate’s birth certificate;

(ii)	a copy of the inmate’s social security card; and

(iii)

a current state-issued driver license or state-issued identification card.

(b)

For any document described in Subsection (1)(a) that the inmate does not possess, the department shall:

(i)	inform the inmate that each document listed in Subsection (1)(a) may be required to obtain employment upon release;

(ii)	inquire whether the inmate would like to apply for and obtain any of the documents described in Subsection (1)(a); and

(iii)

(A)	if the inmate accepts assistance in obtaining the documents described in Subsection (1)(a), subject to Subsection (5), provide the assistance described in Subsections (2) through (4) within 30 days after the date on which the inmate accepts assistance; or

(B)	if the inmate refuses assistance in obtaining the documents described in Subsection (1)(a), maintain a record of the inmate’s refusal in the department’s electronic file management system.

(2)

(a)

If an inmate was born in the United States and accepts assistance in obtaining a certified copy of the inmate’s birth certificate, the department shall:

(i)	request that the inmate pay the fee for obtaining the certified copy of the inmate’s birth certificate; or

(ii)	if the department determines that the inmate is unable to pay the fee as described in Subsection (2)(a)(i), determine whether funds are available from a private donation and use the private donation to pay the fee.

(b)	If funds are available to pay the fee for obtaining a certified copy of a birth certificate as described in Subsection (2)(a), the department shall request a certified copy of the inmate’s birth certificate from the inmate’s state of birth.

(3)

If an inmate accepts assistance in obtaining a copy of the inmate’s social security card and does not have a copy of the inmate’s social security card, the department shall coordinate with the Social Security Administration in obtaining a copy of the inmate’s social security card, unless the inmate previously requested the maximum number of yearly or lifetime requests.

(4)	If an inmate accepts assistance in obtaining a state-issued identification card or driver license, the department shall follow the procedure described in Subsection 64-13-10.6(4).

(5)

The requirements of this section do not apply if the inmate is not:

(a)	a citizen of the United States; or

(b)	a lawful resident of the United States who has legal authorization to work in the United States.

Enacted by Chapter 414, 2023 General Session

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