Corrections, Administration

Rule R251-306

Sponsors in Community Correctional Centers

Notice of Proposed Rule

(Amendment)

DAR File No.: 34860
Filed: 05/19/2011 04:57:04 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment updates statutory citations in the rule. It also clarifies that community correctional center offender sponsor applicants will be denied as a sponsor if false information is provided on the application.

Summary of the rule or change:

The amendment updates the statutory citation from Section 63-46a-3 to 63G-3-201 in the rule authorization references as required by H.B. 63 (2008). The amendment also updates Section R251-306-5 clarifying that offender sponsor applicants will be denied sponsorship of an offender if false information is provided in the application. (DAR NOTE: H.B. 63 (2008) is found at Chapter 382, Laws of Utah 2008, and was effective 05/05/2008.)

State statutory or constitutional authorization for this rule:

• Section 63G-3-201
• Section 64-13-10
• Section 64-13-17

Anticipated cost or savings to:

the state budget:

There are no costs or savings to the state budget. The amendment simply updates statutory citations and clarifies existing language.

local governments:

There are no costs or savings to local governments. The amendment simply updates statutory citations and clarifies existing language.

small businesses:

There are no costs or savings to small businesses. The amendment simply updates statutory citations and clarifies existing language.

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

There are no costs or savings to other persons. The amendment simply updates statutory citations and clarifies existing language.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The amendment simply updates statutory citations and clarifies existing language.

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

The substantive change proposed in this amendment is the denial of offender sponsorship for applicants who provide false information on a sponsorship application. This will have no fiscal impact on businesses.

Thomas Patterson, Executive Director

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

Corrections
Administration
14717 S MINUTEMAN DR
DRAPER, UT 84020-9549

Direct questions regarding this rule to:

• Michael Haddon at the above address, by phone at 801-545-5913, by FAX at 801-545-5726, or by Internet E-mail at mhaddon@utah.gov

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:

07/15/2011

This rule may become effective on:

08/01/2011

Authorized by:

Thomas Patterson, Executive Director

R251. Corrections, Administration.

R251-306. Sponsors in Community Correctional Centers.

R251-306-1. Authority and Purpose.

(1) This rule is authorized by Sections [63-46a-3]63G-3-201, 64-13-10, and 64-13-17, of the Utah Code.

(2) The purpose of this rule is to provide the Department's policy for sponsors accompanying offenders of Community Correctional Centers into the community and to explain the process of applying to be a sponsor.

 

R251-306-5. Application Procedure.

(1) Persons wishing to sponsor residents shall complete an Application to Sponsor form;

(2) Application to Sponsor forms can be obtained from the Correctional Center at which the resident is housed;

(3) a divorced applicant requesting to sponsor an offender of the opposite sex shall provide a copy of final divorce decree; exceptions are the offender's immediate family members;

(4) a records and current warrants check shall be made on each applicant;

(5) applicants shall make a separate application for each offender they request to sponsor;

(6) a sponsor shall not be permitted to sign out and accompany more than one offender at a time except as approved by the Center Director/designee;

(7) applicants shall be required to sign the sponsor application certifying that they have been advised of the rules pertaining to sponsorship of offenders and shall agree to abide by them; the offender shall be returned to the Center on or before the date and time indicated on the Application for Leave form;

(8) applications with inaccurate, incomplete or illegibly written information shall be subject to delay until additional information or clarification is obtained;

(9) applicants providing false information shall[may] be denied as sponsors;

(10) Center staff members may approve, restrict or deny applicant and sponsor privileges due to safety, security, control and orderly operation of the Center, program requirements or the best interests of the Department; and

(11) each sponsor shall sign an Application for Leave form before leaving the Center.

 

KEY: community-based corrections, halfway houses, sponsors[*], corrections

Date of Enactment or Last Substantive Amendment: [1994]2011

Notice of Continuation: January 31, 2007

Authorizing, and Implemented or Interpreted Law: [63-46a-3]63G-3-201; 64-13-10; 64-13-17