Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since April 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R251. Corrections, Administration.

Rule R251-103. Undercover Roles of Offenders.

As in effect on April 1, 2019

Table of Contents

R251-103-1. Authority and Purpose.

(1) This rule is authorized by Sections 63G-3-201, 64-13-6(1)(h), 64-13-10, and 64-13-14 of the Utah Code.

(2) The purpose of this rule is to provide the Department's policy and requirements governing the use of offenders in undercover roles.

R251-103-2. Definitions.

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

(2) "entity" means agency, department, the Board of Pardons and Parole or other criminal justice organization.

(3) "offenders" means any person under the supervision of the Department including inmates, parolees, and probationers.

R251-103-3. General Requirements.

(1) Requests to use offenders in undercover roles originating within or outside the Department must be made in writing to the Deputy Director.

(2) Decisions relating to requests from criminal investigators from the Department or other criminal justice agencies to use offenders under the supervision of the Department in undercover roles shall be made on a case-by-case basis. Factors to be considered include:

(a) risk or danger to the offender;

(b) impact of these activities on implementation and realization of correctional goals for offender;

(c) the nature of the assignment;

(d) the controls which shall exist; and

(e) the importance of the assignment to maintaining public safety.

(3) The Department shall not unlawfully coerce nor knowingly permit unlawful coercion of offenders to participate in undercover roles.

(4) Neither the Department nor any other entity shall be bound by any promises, inducements or other arrangements agreed to by the offender unless the Department or any other involved entities has agreed in writing to the promises.

(5) Final authority within the Department concerning requests shall reside with the Executive Director.

(6) Nothing in this section shall prohibit members of this Department or other criminal justice agencies from requesting or receiving information from offenders.

(7) Functions of this program shall be carried out by policies internal to the Department.

KEY

corrections, probationers, parolees

Date of Enactment or Last Substantive Amendment

1989

Notice of Continuation

September 12, 2018

Authorizing, Implemented, or Interpreted Law

64-13-6(1)f; 64-13-10


Additional Information

Contact

For questions regarding the content or application of rules under Title R251, please contact the promulgating agency (Corrections, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.