(1)  The department shall, in accordance with Subsection 64-13-6(1)(c), ensure that appropriate evidence-based and evidence-informed educational or career-readiness programs are made available to an inmate as soon as practicable after the creation of the inmate’s case action plan.

Terms Used In Utah Code 64-13-48

  • Case action plan: means a document developed by the Department of Corrections that identifies:
(a) the program priorities for the treatment of the offender, including the criminal risk factors as determined by risk, needs, and responsivity assessments conducted by the department; and
(b) clearly defined completion requirements. See Utah Code 64-13-1
  • Department: means the Department of Corrections. See Utah Code 64-13-1
  • Evidence-based: means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. See Utah Code 64-13-1
  • Evidence-informed: means a program or practice that is based on research and the experience and expertise of the department. 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Recidivism: means a return to criminal activity after a previous criminal conviction. See Utah Code 64-13-1
  • (2)  The department shall provide incarcerated women with substantially equivalent educational and career-readiness opportunities as incarcerated men.

    (3)  Before an inmate begins an educational or career-readiness program, the department shall provide reasonable access to resources necessary for an inmate to apply for grants or other available financial aid that may be available to pay for the inmate’s program.

    (4) 

    (a)  The department shall consider an inmate’s current participation in an educational or career-readiness program when the department makes a decision with regard to an inmate’s:

    (i)  transfer to another area or facility; or

    (ii)  appropriate disciplinary sanction.

    (b)  When possible, the department shall use best efforts to allow an inmate to continue the inmate’s participation in an educational or career-readiness program while the facility is under lockdown, quarantine, or a similar status.

    (5) 

    (a)  The department shall maintain records on an inmate’s educational progress, including completed life skills, certifications, and credit- and non-credit-bearing courses, made while the inmate is incarcerated.

    (b)  The department shall facilitate the transfer of information related to the inmate’s educational process upon the inmate’s release, including the inmate’s post-release contact information and the records described in Subsection (5)(a), to:

    (i)  the inmate; or

    (ii)  an entity that the inmate has authorized to receive the inmate’s records or post-release contact information, including an institution:

    (A)  from which the inmate received educational instruction while the inmate was incarcerated; or

    (B)  at which the inmate plans to continue the inmate’s post-incarceration education.

    (6)  Beginning May 1, 2023, the department shall provide an annual report to the Higher Education Appropriations Subcommittee regarding educational and career-readiness programs for inmates, which shall include:

    (a)  the number of inmates who are participating in an educational or career-readiness program, including an accredited postsecondary education program;

    (b)  the percentage of inmates who are participating in an educational or career-readiness program as compared to the total inmate population;

    (c)  inmate program completion and graduation data, including the number of completions and graduations in each educational or career-readiness program;

    (d)  the potential effect of educational or career-readiness programs on recidivism, as determined by a comparison of:

    (i)  the total number of inmates who return to incarceration after a previous incarceration; and

    (ii)  the number of inmates who return to incarceration after a previous incarceration who participated in or completed an educational or career-readiness program;

    (e)  the number of inmates who were transferred to a different facility while currently participating in an educational or career-readiness program, including the number of inmates who were unable to continue a program after a transfer to a different facility; and

    (f)  the department’s:

    (i)  recommendation for resources that may increase inmates’ access to and participation in an educational or career-readiness program; and

    (ii)  estimate of how many additional inmates would participate in an educational or career-readiness program if the resources were provided.

    (7)  The department may make rules in accordance with Section 64-13-10 and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of this section.

    Enacted by Chapter 144, 2022 General Session