Department: means the Department of Corrections. See Utah Code 64-13-1
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
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
(a)
“Document of gift” means the same as that term is defined in Section 26B-8-301.
(b)
“Sign” means the same as that term is defined in Section 26B-8-301.
(2)
(a)
The Utah Department of Corrections shall make available to each inmate a document of gift form that allows an inmate to indicate the inmate’s desire to make an anatomical gift if the inmate dies while in the custody of the department.
(b)
If the inmate chooses to make an anatomical gift after death, the inmate shall complete a document of gift in accordance with the requirements of 3.
(c)
The department shall maintain a record of the document of gift that an inmate provides to the department.
(3)
Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, the department may, upon request, release to an organ procurement organization, as defined in Section 26B-8-301, the names and addresses of all inmates who complete and sign the document of gift form indicating they intend to make an anatomical gift.
(4)
The making of an anatomical gift by an inmate under this section shall comply with 3.
(5)
Notwithstanding anything in this section, the department shall not be considered to be an inmate’s “guardian” for the purposes of 3.
