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 R251-306. Sponsors in Community Correctional Centers.

As in effect on October 1, 2019

Table of Contents

R251-306-1. Authority and Purpose.

(1) This rule is authorized by Sections 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.

R251-306-2. Definitions.

(1) "Applicant" means an individual requesting to be a sponsor of an offender.

(2) "BCI" means Bureau of Criminal Identification, Department of Public Safety.

(3) "Center" means a community corrections halfway house facility designed to facilitate an offender's readjustment to private life.

(4) "Immediate family" means spouse, children, stepchildren, mother, father, brother, sister, mother-in-law, father-in-law, step-mother, step-father, step-brother, step-sister, grandmother, and grandfather.

(5) "Leave time" means time granted away from the Center for family, recreational, religious or other approved activities.

(6) "Offender" means a probationer, parolee or inmate housed in a Community Correctional Center.

(7) "Positive identification" means a document or documents containing a photograph and date of birth, including driver's license, federal identification card or passport; does not include credit cards, social security card, or similar document.

(8) "Sponsor" means an individual who is approved by Center staff members to accompany an offender while on leave time away from the Center.

R251-306-3. Policy.

It is the policy of the Department that offenders assigned to Centers should be afforded the opportunity to develop or strengthen community support systems and family relationships through the use of sponsors.

R251-306-4. Sponsor Qualifications.

(1) Applicants, except spouses, shall be at least 18 years of age;

(2) applicants shall not be approved as sponsors of offenders of the opposite sex without the signed consent of the offender's or the applicant's spouse, or both; this prohibition does not include members of the immediate family;

(3) applicants with a criminal record shall be considered on a case-by-case basis; factors to be considered include:

(a) nature of offenses;

(b) probation or parole officer's comments;

(c) relationship to the resident;

(d) criminal history; and

(e) current involvement in criminal activity;

(4) applicants on probation or parole are required to obtain written permission from their supervising agents; Center staff shall make a notation on the application verifying approval from the supervising agent; and applicants on probation or parole are required to obtain final approval from the Center director/designee; and

(5) a married applicant requesting to sponsor an offender of the opposite sex shall have the signed consent of the applicant's spouse; exceptions are immediate family members.

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 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.

R251-306-6. Sponsor Duties and Consequences For Violations.

(1) Sponsors shall be liable for their own actions but shall not be liable for actions of offenders unless the sponsor participated in or encouraged illegal activity;

(2) sponsors shall receive orientation regarding Center rules prior to being allowed to sign out an offender for the first time;

(3) sponsors and residents shall adhere to the rules related to sponsoring offenders; a copy of the rules shall be made available upon request; and

(4) sponsors shall remove or secure firearms or other dangerous weapons within their control where and when an offender is visiting and shall have no alcohol in their possession during the time an offender is visiting.

R251-306-7. Other Rules.

Offenders shall not be approved for overnight visits with a married sponsor of the opposite sex; this prohibition does not include members of the immediate family.

KEY

community-based corrections, halfway houses, sponsors, corrections

Date of Enactment or Last Substantive Amendment

October 12, 2011

Notice of Continuation

April 5, 2017

Authorizing, Implemented, or Interpreted Law

63G-3-201; 64-13-10; 64-13-17


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.