Utah § 64-13-38 - Emergency release due to overcrowding.
Full text of Utah Utah Code § 64-13-38 — Emergency release due to overcrowding., with citation guidance and answers to common questions.
§ 64-13-38. Emergency release due to overcrowding.
64-13-38.
Emergency release due to overcrowding.
(1)
Definitions:
(a)
"Maximum capacity" means every physical and funded prison bed is occupied by an inmate.
(b)
"Operational capacity" means 96.5% of every physical and funded bed is occupied by an inmate.
(c)
"Emergency release capacity" means 98% of every physical and funded bed is occupied by an inmate.
(2)
When the executive director of the department finds that either the male or female inmate population of the Utah State Prison has exceeded operational capacity for at least 45 consecutive days, the executive director shall notify the governor, the legislative leadership, and the Board of Pardons and Parole that the department is approaching an overcrowding emergency and provide them with information relevant to that determination.
(3)
When the executive director of the department finds that either the male or female inmate population of the Utah State Prison has exceeded emergency release capacity for at least 45 consecutive days, the executive director shall:
(a)
notify the governor and the legislative leadership that the emergency release capacity has been reached and provide them with information relevant to that determination; and
(b)
notify the Board of Pardons and Parole that the emergency release capacity has been reached so that the board may commence the emergency release process pursuant to Subsection (4).
(4)
Upon the department's notifying the governor and the legislative leadership of the emergency release capacity under Subsection (3), the department shall:
(a)
notify the Board of Pardons and Parole of the number of inmates who need to be released in order to return the prison inmate population to operational capacity; and
(b)
in cooperation and consultation with the Board of Pardons and Parole, compile a list of inmates, the release of whom would be sufficient to return the prison inmate population to operational capacity.
(5)
After 45 consecutive days of emergency release capacity, the Board of Pardons and Parole may order the release of a sufficient number of inmates identified under Subsection (4) to return the prison inmate population to operational capacity.
(6)
The department shall inform the governor and the legislative leadership when the emergency release has been completed.
Section 64-13-38 ("Emergency release due to overcrowding.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 64-13-38?
A common citation format is "Utah Code § 64-13-38" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 64-13-38 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
