DAR File No. 38255

Corrections, Administration

Rule R251-111

Government Records Access and Management

Notice of Proposed Rule

(New Rule)

DAR File No.: 38255
Filed: 01/21/2014 01:57:11 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to provide procedures for access to government records of the Department of Corrections and to facilitate intergovernmental, cross-boundary inter-cooperation.

Summary of the rule or change:

The rule states its underlying statutory authority; it provides definitions; it describes how, to whom, and to what addresses records requests should be made.

State statutory or constitutional authorization for this rule:

• Section 64-13-10
• Subsection 63A-12-104(2)
• Section 63G-2-204
• Section 46-4-502
• Section 46-4-501

Anticipated cost or savings to:

the state budget:

This rule will have no effect on savings or costs to the State of Utah's budget beyond those afforded in the Government Records Access and Management Act (GRAMA) statute, Section 63A-12-100 "Public Records Management Act."

local governments:

This rule will have no effect on savings or costs to any local government or subsections of local government beyond those afforded in the GRAMA statute.

small businesses:

This rule will have no effect on savings or costs to small business beyond those afforded in the GRAMA statute.

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

This rule will have no effect on savings or costs to individuals beyond those afforded in the GRAMA statute.

Compliance costs for affected persons:

There are no costs associated with compliance to the changes within this rule beyond those afforded in the GRAMA statute.

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

Any cost to businesses will be within the constraints and performance of the GRAMA Statute within the Utah Code.

Rollin Cook, 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:

• Greg Peay at the above address, by phone at 801-201-6052, by FAX at 801-545-5572, or by Internet E-mail at gpeay@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:

03/17/2014

This rule may become effective on:

03/24/2014

Authorized by:

Rollin Cook, Executive Director

R251. Corrections, Administration.

R251-111. Government Records Access and Management.

R251-111-1. Authority and Purpose.

(1) This rule is authorized Sections 63A-12-104(2), 63G-2-204, 64-13-10, 46-4-501 and 46-4-502, of the Utah Code.

(2) The purpose of this rule is to provide procedures for access to government records of the Department of Corrections and to facilitate intergovernmental, cross-boundary intercooperation.

 

R251-111-2. Definitions.

(1) "Department" means the Department of Corrections.

(2) "GRAMA" means Government Records Access and Management Act, Title 63G, Chapter 2, Utah Code.

(3) "Individual" means a human being.

(4) "Inmate" means any person who is committed to the custody of the Department and who is housed at a correctional facility or at a county jail at the request of the Department.

(5) "Person" means any individual, nonprofit or profit corporation, partnership, sole proprietorship, or other type of business organization.

(6) "Requester" means the person making a request for records.

 

R251-111-3. Requests for Access.

(1) Requests for access to records shall be directed as follows:

(a) All records requests by an inmate or offender under the jurisdiction of the Department shall be directed to:

(i) For all inmates: Institutional Operations Division, Primary Records Officer, Utah State Prison, P.O. Box 250, Draper, Utah 84020; or

(ii) For all probationers and parolees: Adult Probation and Parole Division, Primary Records Officer, Administration, 14717 Minuteman Drive, Draper, Utah 84020.

(b) All records requests by persons to obtain information for a story or report for publication or broadcast to the general public shall be directed to the Public Information Officer, 14717 Minuteman Drive, Draper, Utah 84020.

(c) All requests for access to records by persons other than those specified in subparagraphs (a) and (b) above, shall be directed to the Records Bureau, 14717 Minuteman Drive, Draper, Utah 84020.

(d) All requests from governmental agencies shall be directed to the appropriate unit of the Department, as approved by the Records Bureau or specified in Departmental policy.

(2) The time limits dictated by GRAMA Section 63G-2-204, of the Utah Code, for response to requests shall be calculated based on receipt of a valid request at the office specified in this rule.

(3) Written requests may be submitted electronically. Evidence of identity, where required, shall be based upon accepted State standards for electronic identification.

 

R251-111-4. Inmate Submission Requirements -- Forms.

(1) All records requests from inmates shall be submitted on the Utah State Prison Inmate GRAMA Records Request Form supplied by the Department.

(2) Records requests by inmates at the Utah State Prison or the Central Utah Correctional Facility must be accompanied by a Money Transfer Form which authorizes a deduction for fees from the inmate's account or a proper request for a waiver of fees.

(3) Inmates requesting a fee waiver because of a claimed indigent status, or other reason, shall state the claim on the request form.

 

KEY: criminal records, corrections, GRAMA, government records

Date of Enactment or Last Substantive Amendment: 2014

Authorizing, Implemented or Interpreted Law: 63A-12-104(2); 63G-2-204; 64-13-10; 46-4-501; 46-4-502