64-13f - Community Correctional Centers

Title 64 > 64-13f

Sections (4)

64-13f-101 - Title.

This chapter is known as “Community Correctional Centers.”

64-13f-102 - Definitions.

As used in this chapter: 64-13f-102(1) “Cap” means no more than 20% above the community supervision percentage multiplied by the community correctional center projection. 64-13f-102(2) “Community correctional center” means the same as that term is defined in Section 64-13-1. 64-13f-102(3) “Community correctional center projection” means the daily average number of offenders projected to be supervised in the community by the department in the next calendar year multiplied by the daily average percentage of offenders supervised in the community that are also housed in a community correctional center for the previous calendar year. 64-13f-102(4) “Community supervision percentage” means the percentage calculated by dividing the total number of offenders supervised in the community by the department in each county or county zone by the total number of offenders supervised in the community by the department. 64-13f-102(5) “County zone” means the eastern zone, northern zone, or western zone. 64-13f-102(6) “Department” means the Department of Corrections. 64-13f-102(7) “Eastern zone” means, except as provided in Subsection (7)(b), Carbon, Daggett, Duchesne, Emery, Grand, San Juan, and Uintah counties. A county with a population of 250,000 or more on the date the community supervision percentage is determined is not part of the eastern zone. 64-13f-102(8) “Northern zone” means, except as provided in Subsection (8)(b), Box Elder, Cache, Morgan, Rich, Summit, and Wasatch counties. A county with a population of 250,000 or more on the date the community supervision percentage is determined is not part of the northern zone. 64-13f-102(9) “Offender” means the same as that term is defined in Section 64-13-1. 64-13f-102(10) “Western zone” means, except as provided in Subsection (10)(b), Beaver, Garfield, Tooele, Iron, Juab, Kane, Millard, Piute, Sanpete, Sevier, Washington, and Wayne counties. A county with a population of 250,000 or more on the date the community supervision percentage is determined is not part of the western zone.

64-13f-102.5 - Calculation of the community supervision percentage.

In calculating the community supervision percentage, the department shall: 64-13f-102.5(1) determine the county or county zone in which an offender is supervised by identifying the location of the offender’s primary offense; 64-13f-102.5(2) have sole discretion in identifying the offender’s primary offense under Subsection (1), taking into account the severity of the crimes for which the offender has been convicted and sentenced; and 64-13f-102.5(3) only include an offender on probation or parole supervision with the department in the community supervision percentage calculation.

64-13f-103 - Establishment of community correctional centers — Cap — Rulemaking — Procedures.

64-13f-103(1) Subject to appropriation by the Legislature, the department may:

establish community correctional centers throughout the state in accordance with this section; project the number of offenders that may be released to community correctional centers throughout the state; and 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). 64-13f-103(2) 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. A transfer under Subsection (2)(a) may occur only between community correctional centers that are currently existing and fully operational. 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. 64-13f-103(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. 64-13f-103(4) When opening a new community correctional center, the department shall:

determine which counties or county zones are operating in excess of the counties’ or county zones’ respective caps; 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; 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 limit the offenders who will be placed in the new community correctional center to: offenders who are residents of the county or county zone within which the new community correctional center is located; or offenders for whom the placement would be in the best interest of successful re-entry into the community, as determined by the department. 64-13f-103(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:

treatment services; healthcare services; employment services; housing services; transportation services; and other services that contribute to an offender’s successful community reintegration.