64-13-38 - Emergency release due to overcrowding.
64-13-38. Emergency release due to overcrowding.
(1) When the executive director of the department finds that the inmate population of theUtah State Prison has exceeded physical capacity for at least 45 calendar days, the executivedirector may:
(a) notify the governor that an overcrowding emergency exists and provide him withinformation relevant to that determination; and
(b) notify the Board of Pardons and Parole of the existence of the overcrowdingemergency so that the board may commence emergency releases pursuant to Subsection (2).
(2) Upon the governor's receipt of notification of the existence of an emergency release,the department shall:
(a) notify the board of the number of inmates who need to be released in order toeliminate the overcrowding emergency;
(b) in cooperation and consultation with the board, compile a list of inmates bychronological order according to their existing parole release dates, sufficient to eliminate theovercrowding emergency; and
(c) for each inmate listed in accordance with Subsection (2)(b), notify the board if thedepartment has any reason to believe that the inmate has violated a disciplinary rule or for someother reason recommends that the inmate's existing parole date be rescinded.
(3) Unless the board has identified a reason to believe that the inmate's existing paroledate should be rescinded, the parole release date of each inmate identified in Subsection (2)(b)may be advanced a sufficient number of days to allow for release.
(4) When the process described in Subsections (2) and (3) has been completed, the boardmay order the release of the eligible inmates.
(5) The department shall:
(a) send to the Commission on Criminal and Juvenile Justice a list of names of theinmates released under this section; and
(b) provide the name and address of each inmate to the local law enforcement agency forthe political subdivision in which the inmate intends to reside.
(6) The department shall inform the governor when the emergency release has beencompleted.
(7) The board shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, to carry out the provisions of this section.
Amended by Chapter 382, 2008 General Session