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 October 1, 2019, please see the codification segue page.

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


R251. Corrections, Administration.

Rule R251-114. Offender Long-Term Health Care - Notice.

As in effect on October 1, 2019

Table of Contents

R251-114-1. Authority and Purpose.

(1) This rule is authorized under Sections 63G-3-201, 64-13-10, and 64-13-39.5, of the Utah Code.

(2) The purpose of this rule is to define a consistent format and procedure to provide notification to facilities, and information to the public, when a chronically or terminally ill offender is placed in an assisted living or nursing care facility by the UDC, and provide a training program for facility residents and employees to help ensure safety.

R251-114-2. Definitions.

(1) "Chronically ill" has the same meaning as in Section 31A-36-102, of the Utah Code.

(2) "Facility" means an assisted living facility as defined in Subsection 26-21-2(5), of the Utah Code, and a nursing care facility as defined in Subsection 26-21-2(17), of the Utah Code, except that transitional care units and other long term care beds owned or operated on the premises of acute care hospitals or critical care hospitals are not facilities for the purpose of this section.

(3) "Offender" means an inmate given an early release, pardon, or parole due to a chronic or terminal illness.

(4) "Terminally ill" has the same meaning as in Subsection 31A-36-102(19), of the Utah Code.

(5) "UDC" and "Department" means Utah Department of Corrections.

R251-114-3. Policy.

It is the policy of the Department if an offender is admitted as a resident of a facility due to a chronic or terminal illness:

(1) UDC shall provide written notice to the administrator of any facility no later than 15 days prior to an offender's admission as a resident.

(2) Notice to a facility shall include the offense for which the offender was convicted, a description of the actual offense, the offender's status with the Department, that the information provided by the Department regarding the offender shall be provided to employees of the facility no later than ten days prior to the offender's admission to the facility, the contact information for the offender's parole officer if the offender is on parole, and a point of contact within the Department.

(3) UDC shall make available to the public on the UDC web page, and upon request, the name and address of the facility where the offender resides, and the date the offender was placed at the facility.

(4) UDC shall provide a training program for the employees who work at the facility where the offender(s) reside, to help ensure the safety of both employees and facility residents.

(5) When the offender is placed by a department or agency from another state, and that department or agency requests it, the UDC shall provide the facility training, if that training has not already been provided, and the UDC may negotiate with the other state for any necessary compensation for this service.

(6) Facility training shall include the duties the administrator of the facility has under Section 64-13-39.5, of the Utah Code, to provide residents of the facility, or their guardians, notice that a convicted felon is being admitted to the facility no later than ten days prior to the offender's admission, to advise potential residents/guardians of current offenders who are residents of the facility, and to assist the UDC training in the safe management of offenders for all employees.

KEY

chronically ill, terminally ill, facility notice, long-term care

Date of Enactment or Last Substantive Amendment

March 11, 2008

Notice of Continuation

March 7, 2018

Authorizing, Implemented, or Interpreted Law

64-13-39.5


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.