§ 64-13-50 — Inmate program requirements -- Records -- Reporting.

(1) As used in this section:
(1)(a) "Board" means the Board of Pardons and Parole.
(1)(b) "Board hearing" means a hearing established under Subsection 77-27-7(1), which is the earliest possible point at which the board may consider an inmate's release from a correctional facility.
(1)(c) (1)(c)(i) "Program" means a part of an inmate's case action plan that is required or optional and includes:
(1)(c)(i)(A) sex offender treatment;
(1)(c)(i)(B) substance use treatment;
(1)(c)(i)(C) educational programs, including literacy programs;
(1)(c)(i)(D) career-readiness programs;
(1)(c)(i)(E) life-skills training; and
(1)(c)(i)(F) transition programs meant to prepare an inmate who is about to leave a correctional facility in accordance with Section 64-13-10.6.
(1)(c)(ii) "Program" includes online and in-person programs.
(2) On or before January 1, 2026, the department shall:
(2)(a) use an inmate's board hearing when determining the timing of an inmate's programs to ensure that an inmate will have the ability to complete all of the inmate's programs by the inmate's board hearing;
(2)(b) create an incentive plan to encourage an inmate to complete the inmate's programs by the inmate's board hearing;
(2)(c) in accordance with Subsection 64-13-48(4) and Subsection (3), use the department's best efforts to ensure that when an inmate is transferred within a correctional facility or to a different correctional facility, the inmate is able to continue all programs that the inmate has already started and has not yet completed, without requiring the inmate to restart a program from the beginning or wait on a waiting list for the program, unless the program's continuation would be impossible due to the inmate's transfer to a more restrictive setting due to a behavioral or disciplinary violation;
(2)(d) in accordance with Subsection (3), use the department's best efforts to ensure that if an inmate opts out of an optional program, the inmate is able to rejoin the program within six months without being required to restart the program from the beginning or wait on a waiting list;
(2)(e) in accordance with Subsection (3), as soon as an inmate's case action plan is created in accordance with Subsection 64-13-6(1)(m), use the department's best efforts to start the inmate in at least two of the inmate's programs;
(2)(f) in accordance with Subsection (3), use the department's best efforts to allow an inmate to participate in more than one program at a time throughout the inmate's time within the correctional facility, including, if applicable, providing technological methods for an inmate to participate in an online program;
(2)(g) in accordance with Section 64-13e-103, prioritize the placement of inmates within county correctional facilities that:
(2)(g)(i) offer, allow, or facilitate department-specified programs for inmates; and
(2)(g)(ii) collect and provide inmate program completion data to the department; and
(2)(h) periodically confer with an inmate and, if necessary, the board, to determine whether the inmate is on track to complete all of the inmate's programs by the inmate's board hearing.
(3) If the department is unable to meet a requirement described in Subsection (2)(c), (2)(d), (2)(e), or (2)(f), the department shall:
(3)(a) include in the inmate's records the reason why the requirement was not met; and
(3)(b) ensure the information described in Subsection (3)(a) is made available to the board.
(4) The department shall provide an annual report on the department's public website that states how many inmates:
(4)(a) are currently participating in one or more programs; and
(4)(b) have successfully completed one or more programs during the prior year.

Legislative History

Enacted by Chapter 144, 2024 General Session