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Utah Administrative Code (Current through November 1, 2019) |
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R547. Human Services, Juvenile Justice Services |
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R547-11. Guidelines for the Transfer to the Department of Corrections of a Youthful Prisoner Provisionally Housed in a Juvenile Justice Services Secure Care Facility |
R547-11. Guidelines for the Transfer to the Department of Corrections of a Youthful Prisoner Provisionally Housed in a Juvenile Justice Services Secure Care Facility
| R547-11-1. Authority |
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Latest version.
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Section 62A-1-111 authorizes the Department of Human Services to adopt administrative rules. Section 78A-6-705 directs the Division of Juvenile Justice Services to adopt by administrative rule procedures for the transfer of a minor. |
| R547-11-2. Purpose and Scope |
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Latest version.
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Pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, this rule establishes guidelines for the transfer, to the physical custody of the Utah Department of Corrections, of a youthful prisoner who has previously been provisionally housed in a Division of Juvenile Justice Services ("Division") secure care facility, with transfer to occur when (1) The prisoner reaches 18 years of age while in a Division facility; (2) Continuing to house the youthful prisoner in a Division facility presents unreasonable risk to others; or (3) Continuing to house the youthful prisoner in a Division facility is determined not to be in the best interest of the prisoner. |
| R547-11-3. Definitions |
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(1) Youthful Prisoner: a person age 14 or over and under the age of 18 who has been convicted in District Court and sentenced to prison. (2) Facility: a long-term secure care facility for juveniles operated by the Utah Division of Juvenile Justice Services. |
| R547-11-4. General Rules |
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Latest version.
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(1) The Division must transfer to the custody of the Department of Corrections a youthful prisoner who has reached the age of 18 while provisionally housed in a Division facility (and has not been paroled or otherwise released from incarceration). The Division must complete such transfer as soon as reasonably possible, but not later than six months after the prisoner reaches age 18. (2) The Division may transfer to the custody of the Utah Department of Corrections a youthful prisoner who has been provisionally housed in a Division facility, if: (a) Continuing to house the prisoner in a Division facility presents an unreasonable risk to others in the facility, as demonstrated by any of the following behaviors of the prisoner: (i) Physically assaulting other residents or other persons in the facility; (ii) Planning, coercing or leading physical assaults committed by other residents in the facility; (iii) Persistently engaging in behavior that is disruptive to rehabilitative efforts within the facility; (iv) Engaging in a pattern of behaviors which creates danger for other persons; or, (b) Continuing to house the youthful prisoner in a Division facility is not in the best interests of the youthful prisoner, including, but not limited to, circumstances in which the youthful prisoner: (i) has exhausted treatment resources available within the facility; (ii) has failed to show progress in reducing criminogenic behaviors; (iii) is found to not be amenable to treatment available within the facility; or (iv) would be better served by the resources available if transferred to the custody of the Utah Department of Corrections. |