Establishment of community correctional centers -- Cap -- Rulemaking.
Checkout our iOS App for a better way to browser and research.
(1) Subject to appropriation by the Legislature, the department may:
(a) establish community correctional centers throughout the state in accordance with this section;
(b) project the number of offenders that may be released to community correctional centers throughout the state by September 1, 2023, and September 1 of every fifth subsequent year; and
(c) establish, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a procedure to allocate offenders to community correctional centers consistent with Subsections (2) and (3) and based on the number of offenders projected by the department to be released to community correctional centers under Subsection (1)(b).
(2) Except as provided in Subsection (3), after June 30, 2023, the total number of offenders housed in one or more community correctional centers within a county or county zone may not exceed the county or county zone's cap by more than 20%.
(3)
(a) A county or county zone that exceeds the cap described in Subsection (2) on July 1, 2023, may continue to exceed the cap until the day on which the county or county zone first comes into compliance with the cap.
(b) A county or county zone described in Subsection (3)(a) may not exceed the cap after the day on which the county or county zone first comes into compliance with the cap.
(c) The department shall transfer offenders from a community correctional center in a county or county zone described in Subsection (3)(a) to a community correctional center in another county or county zone that does not meet or exceed the cap until the county or county zone described in Subsection (3)(a) comes into compliance with the cap.