DAR File No. 39759

Human Services, Juvenile Justice Services

Rule R547-11

Guidelines for the Transfer to the Department of Corrections of a Youthful Prisoner Provisionally Housed in a Juvenile Justice Services Secure Care Facility

Notice of Proposed Rule

(New Rule)

DAR File No.: 39759
Filed: 09/21/2015 07:44:47 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In response to S.B. 167 from the 2015 General Session, the agency is required to adopt procedures by rule in regards to the transfer of youthful prisoners.

Summary of the rule or change:

This rule establishes guidelines for the transfer of a youthful prisoner to the Department of Corrections provisionally housed in a Juvenile Justice Services secure care facility.

State statutory or constitutional authorization for this rule:

• Section 62A-1-111
• Section 78A-6-705
• Title 63G, Chapter 3

Anticipated cost or savings to:

the state budget:

Enactment of this bill could cost the Division of Juvenile Justice Services $853,200 ongoing from the General Fund for additional serious youth offender placements beginning in FY2016 accompanied by an additional $3,700 in associated costs funded with federal funds. Enactment of the bill will also cost the courts $57,600 ongoing General Fund for the appointment of counsel in all cases involving a Class A misdemeanor or felony beginning in FY 2016. The Department of Human Services currently has sufficient capacity in its Juvenile Justice Services secure care facilities and associated staff to absorb $853,200 of the General Fund cost in FY 2016.

local governments:

None--This rule involves youths in state custody and these services are not provided by local government agencies.

small businesses:

None--Corrections is a function of state government and not the private sector.

persons other than small businesses, businesses, or local governmental entities:

None--The expenses for youthful prisoners are the responsibility of the state.

Compliance costs for affected persons:

None--Youthful prisoners do not bear the cost of their incarceration or treatment.

Comments by the department head on the fiscal impact the rule may have on businesses:

DJJS did not pursue an additional appropriation for this change because they projected their secure care population would decline and allow for the costs to be absorbed within the existing appropriation.

Ann Williamson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Juvenile Justice Services
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Judy Hammer at the above address, by phone at 801-538-4098, by FAX at 801-538-4334, or by Internet E-mail at [email protected]
• Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [email protected]
• Janene Parry at the above address, by phone at 801-538-4413, by FAX at 801-538-4334, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/16/2015

This rule may become effective on:

02/12/2016

Authorized by:

Susan Burke, Director

R547. Human Services, Juvenile Justice Services.

R547-11. Guidelines for the Transfer to the Department of Corrections of a Youthful Prisoner Provisionally Housed in a Juvenile Justice Services Secure Care Facility.

R547-11-1. Authority.

Section 62A-1-111 authorizes the Department of Human Services to adopt administrative rules. Section 78A-6-705 directs the Division of Juvenile Justice Services to adopt by administrative rule procedures for the transfer of a minor.

 

R547-11-2. Purpose and Scope.

Pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, this rule establishes guidelines for the transfer, to the physical custody of the Utah Department of Corrections, of a youthful prisoner who has previously been provisionally housed in a Division of Juvenile Justice Services ("Division") secure care facility, with transfer to occur when

(1) The prisoner reaches 18 years of age while in a Division facility;

(2) Continuing to house the youthful prisoner in a Division facility presents unreasonable risk to others; or

(3) Continuing to house the youthful prisoner in a Division facility is determined not to be in the best interest of the prisoner.

 

R547-11-3. Definitions.

(1) Youthful Prisoner: a person age 14 or over and under the age of 18 who has been convicted in District Court and sentenced to prison.

(2) Facility: a long-term secure care facility for juveniles operated by the Utah Division of Juvenile Justice Services.

 

R547-11-4. General Rules.

(1) The Division must transfer to the custody of the Department of Corrections a youthful prisoner who has reached the age of 18 while provisionally housed in a Division facility (and has not been paroled or otherwise released from incarceration). The Division must complete such transfer as soon as reasonably possible, but not later than six months after the prisoner reaches age 18.

(2) The Division may transfer to the custody of the Utah Department of Corrections a youthful prisoner who has been provisionally housed in a Division facility, if:

(a) Continuing to house the prisoner in a Division facility presents an unreasonable risk to others in the facility, as demonstrated by any of the following behaviors of the prisoner:

(i) Physically assaulting other residents or other persons in the facility;

(ii) Planning, coercing or leading physical assaults committed by other residents in the facility;

(iii) Persistently engaging in behavior that is disruptive to rehabilitative efforts within the facility;

(iv) Engaging in a pattern of behaviors which creates danger for other persons; or,

(b) Continuing to house the youthful prisoner in a Division facility is not in the best interests of the youthful prisoner, including, but not limited to, circumstances in which the youthful prisoner:

(i) has exhausted treatment resources available within the facility;

(ii) has failed to show progress in reducing criminogenic behaviors;

(iii) is found to not be amenable to treatment available within the facility; or

(iv) would be better served by the resources available if transferred to the custody of the Utah Department of Corrections.

 

KEY: juveniles, juvenile corrections, juvenile transportation, youthful prisoners

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 62A-1-111; 63G-3; 78A-6-705