Utah Code 64-13-37. Department authorized to test offenders for communicable disease

(1)

As used in this section, “communicable disease” means:

Terms Used In Utah Code 64-13-37

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

Offender: means an individual who has been convicted of a crime for which the individual may be committed to the custody of the department and is at least one of the following:

(a)	committed to the custody of the department;

(b)	on probation; or

(c)	on parole. See Utah Code 64-13-1 Person: means :Utah Code 68-3-12.5
(a)	an illness due to a specific infectious agent or its toxic products, which arises through transmission of that agent or its products from a reservoir to a susceptible host either directly, as from an infected person or animal, or indirectly, through an intermediate plant or animal host, vector, or the inanimate environment; and

(b)	a disease designated by the Department of Health and Human Services by rule as a communicable disease in accordance with Section 26B-7-207.

(2)

The department may:

(a)	test an offender for a communicable disease upon admission or within a reasonable time after admission to a correctional facility; and

(b)	periodically retest the offender for a communicable disease during the time the offender is in the custody of the department.

Amended by Chapter 330, 2023 General Session

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