No. 33810 (5-year Review): Rule R251-303. Offenders' Use of Telephones

DAR File No.: 33810
Filed: 07/05/2010 08:55:42 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 64-13-10 grants the Department the authority to adopt rules as necessary to fulfill its mission. The department finds it necessary to exercise this authority to notify the public and governmental agencies that staff members can monitor telephone conversations with offenders at Community Correctional Centers (Centers) at any time. (Note: A nonsubstantive rule change has been filed to update text to current DAR rulewriting standards.)

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Offenders living in Community Correctional Centers have access to coin-operated telephones in order to make personal, business, and legal phone calls. Offenders are well informed by policy and posted signs that their phone calls, excluding privileged legal calls, may be monitored for reasons of safety and security, and to ensure compliance with the terms of their parole while they are residents of the Center. The department cannot rely solely on offenders to tell those they are speaking to that their phone calls are subject to such monitoring. The intent of this rule is to give notice to the public and other government agencies of that fact. Therefore, this rule should be continued.

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:

• Tom Anderson at the above address, by phone at 801-545-5503, by FAX at 801-545-5523, or by Internet E-mail at [e-mail]

Authorized by:

Thomas Patterson, Executive Director

Effective:

07/05/2010

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