No. 35771 (Emergency Rule): Rule R251-704. North Gate

DAR File No.: 35771
Filed: 02/01/2012 02:59:45 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Due to extenuating circumstances with the department's rules monitor, this rule expired on 01/18/2012 because a five-year review was not filed. The rule is essential and needs to be in place.

Summary of the rule or change:

This filing puts the rule back into place. (DAR NOTE: A proposed new rule filing for Rule R251-704 is under DAR No. 35809 and will be published in the March 1, 2012, Bulletin.)

Emergency rule reason and justification:

Regular rulemaking procedures would cause an imminent peril to the public health, safety, or welfare.

Justification: This rule is necessary for defining interaction with the public and the prison.

State statutory or constitutional authorization for this rule:

• Section 64-13-14

Anticipated cost or savings to:

the state budget:

No costs or savings to the state budget because this filing puts the rule back into place as it was with no changes.

local governments:

No costs or savings to local government because this filing puts the rule back into place as it was with no changes.

small businesses:

No costs or savings to small businesses because this filing puts the rule back into place as it was with no changes.

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

No costs or savings to other persons because this filing puts the rule back into place as it was with no changes.

Compliance costs for affected persons:

No compliance costs because this filing puts the rule back into place as it was with no changes.

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

No impact to businesses because this filing puts the rule back into place as it was with no changes.

Thomas Patterson, 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 [e-mail]

This rule is effective on:

02/01/2012

Authorized by:

Thomas Patterson, Executive Director

RULE TEXT

R251. Corrections, Administration.

R251-704. North Gate.

R251-704-1. Authority and Purpose.

A. This rule is authorized by Sections 63G-3-201, 64-13-10, and 64-13-14, of the Utah Code, which allows the Department to adopt standards and rules in accordance with its responsibilities.

B. The purpose of this chapter is to provide the Department's policy, procedures and requirements for the North Gate of the South Point Complex of the Prison.

 

R251-704-2. Definitions.

1. "ID" means identification.

2. "SSD" means Special Services Dormitory.

 

R251-704-3. Standards and Procedures.

It is the policy of the Department that:

A. access through the North Gate shall be restricted to authorized persons at authorized times to control contraband, prevent the escape of inmates and to otherwise further the legitimate security interests of the USP;

B. regulations shall be enacted to control access through the North Gate, particularly as that access involves persons who are not members of the USP staff;

C. vehicles accessing the North Gate shall be thoroughly searched to prevent the flow of contraband, prevent the possibility of escape and to otherwise further the legitimate security interests of the USP;

D. vehicles wishing to exit the North Gate which are loaded in such a manner which prohibits the North Gate officer from giving it a thorough shake down shall:

1. be accompanied by a corrections officer who witnessed the loading of the vehicle and verifies, by signing the North Gate Vehicle Security Warrant Form, that the security of the vehicle was maintained during loading to prevent escape; and

2. be detained at the North Gate until all inmates are counted.

E. vendor access through the North Gate may be allowed from 0700 to 1500 hours Monday through Friday;

F. deliveries at other than designated times shall require a special clearance signed by the Security Deputy Warden/designee.

G. the garbage truck:

1. should be allowed access to through the North Gate as needed, beginning at approximately 0400; and

2. shall have an Enforcement Officer escort while inside the secure perimeter;

H. access for contractors and construction workers should be granted between 0700 and 1700 hours, unless an emergency exists that would prevent access;

I. non-prison staff (i.e., contract professional staff including psychologists, vocational rehabilitation personnel, attorneys, legal services providers, etc.), including all volunteers shall not ordinarily be allowed access through the North Gate, but shall be required to use the Oquirrh, Wasatch, or Uinta administration building sallyport for access;

J. vendors shall be required to surrender their driver's license, or official identification to the North Gate officer while inside the compound (any exception shall be cleared through the Watch Commander);

K. construction workers and contractors shall provide name, legal address, social security number, driver's license number, date of birth to the appropriate prison personnel at least 72 hours prior to access onto prison property;

L. prior to exiting through the North Gate, all persons shall be identified;

M. all persons are subject to a search of their person, property and vehicle as a condition of entry onto prison property;

N. the North Gate officer shall search all vehicles to ensure that no unauthorized passengers or contraband items are allowed access through the North Gate; and

O. vehicle operators and passengers shall exit the vehicle during a vehicle search.

 

KEY: correctional institutions, security measures

Date of Enactment or Last Substantive Amendment: February 1, 2012

Authorizing, and Implemented or Interpreted Law: 64-13-14

 

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