No. 31031 (New Rule): R525-6. Prohibited Items and Devices

DAR File No.: 31031
Filed: 02/29/2008, 09:48
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is a replacement for a rule that was reviewed by the Legislature's Administrative Rules Review Committee and placed on the nonreauthorization list in S.B. 43 (2008 General Session) which means the rule will expire on 05/01/2008. The reason for this recommendation is based on the broad description of the "entire campus" as a secure area.

Summary of the rule or change:

The entire campus designation that appeared in the old rule has been removed and specific buildings have been identified as secure areas. Inference that a person would not be in violation of this rule while securing weapons has been removed and the direction to secure weapons in a locked vehicle has been removed.

State statutory or constitutional authorization for this rule:

Subsections 62A-15-603(3), 76-8-311.1(2)(a), and 76-8-311.3(2)

Anticipated cost or savings to:

the state budget:

This rule imposes no additional safety measures or procedures that would increase or decrease costs to the state other than those in existence with the old rule. There have been a few incidents with staff who brought contraband onto the campus and the Utah State Hospital handled the situations internally. The costs of these internal investigations have not been so extensive that they could not be absorbed by the standing budget.

local governments:

This rule imposes no additional burden on local governments to enforce its requirements that would increase or decrease costs other than those costs that existed with the old rule if law enforcement were called to assist in the removal of an offender. Within the last year, there have been no incidents related to the old rule that have required the assistance of an outside police agency.

small businesses and persons other than businesses:

This rule is procedural in nature to ensure the safety of the Utah State Hospital and has no impact on small business.

Compliance costs for affected persons:

This rule is procedural in nature and does not require additional fees, equipment, or other financial obligations that would be imposed on individuals who enter buildings at the State Hospital to ensure compliance.

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

After careful review, the Department of Human Services has determined that this rule will have no financial impact on businesses in the state of Utah. Lisa-Michele Church, Executive Director

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

Human Services
Substance Abuse and Mental Health, State Hospital
UTAH STATE HOSPITAL
PROVO UT 84603-0270

Direct questions regarding this rule to:

Thom Dunford at the above address, by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at [e-mail]

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:

04/14/2008

This rule may become effective on:

04/21/2008

Authorized by:

Mark I Payne, Director

RULE TEXT

R525. Human Services, Substance Abuse and Mental Health, State Hospital.

R525-6. Prohibited Items and Devices.

R525-6-1. Authority.

(1) This rule establishes secure areas on the Utah State Hospital campus and procedures for securing prohibited items and devices as authorized by Subsection76-8-311.3(2).

 

R525-6-2. Establishment of Secure Areas.

(1) Pursuant to Subsections 62A-15-603(3) and 76-8-311.3(2), the following buildings of the Utah State Hospital are established as secure areas:

(a) Forensic Mental Health Facility;

(b) Lucy Beth Rampton Building;

(c) Beesley Building;

(d) MS Building;

(e) Youth Center; and

(f) any building constructed on the Utah State Hospital campus to replace or expand these buildings that perform similar functions of the above listed buildings.

 

R525-6-3. Items and Devices Prohibited from Secure Areas.

(1) Pursuant to Subsections 76-8-311.1(2)(a) and 76-8-311.3(2), all weapons, contraband, controlled substances, ammunition, items that implement escape, explosives, spirituous or fermented liquors, firearms, or any devices that are normally considered to be weapons are prohibited from entry beyond the secure storage lockers in the foyers of each building listed above.

 

R525-6-4. Storage of Prohibited Items and Devices.

(1) The public is notified of the availability of secure storage lockers at the entrance of the Utah State Hospital campus. Directions for use of the storage lockers are provided at or near the entrance of each of the above listed buildings.

 

KEY: weapons, state hospital, secure areas, prohibited items and devices

Date of Enactment or Last Substantive Amendment: 2008

Authorizing, and Implemented or Interpreted Law: 62A-15-603(3); 76-8-311.1(2)(a); 76-8-311.3(2)