Utah § 64-13-39.5 - Definitions -- Health care for chronically or terminally ill offenders -- Notice to health care facility.
Full text of Utah Utah Code § 64-13-39.5 — Definitions -- Health care for chronically or terminally ill offenders -- Notice to health care facility., with citation guidance and answers to common questions.
§ 64-13-39.5. Definitions -- Health care for chronically or terminally ill offenders -- Notice to health care facility.
Effective 5/3/2023 64-13-39.5.
Definitions -- Health care for chronically or terminally ill offenders -- Notice to health care facility.
(1)
As used in this section:
(a)
"Department or agency" means the Utah Department of Corrections or a department of corrections or government entity responsible for placing an offender in a facility located in Utah.
(b)
"Chronically ill" has the same meaning as in Section 31A-36-102.
(c)
"Facility" means an assisted living facility as defined in Section 26B-2-201 and a nursing care facility as defined in Section 26B-2-201, except that transitional care units and other long term care beds owned or operated on the premises of acute care hospitals or critical care hospitals are not facilities for the purpose of this section.
(d)
"Offender" means an inmate whom the department or agency has given an early release, pardon, or parole due to a chronic or terminal illness.
(e)
"Terminally ill" has the same meaning as in Section 31A-36-102.
(2)
If an offender from Utah or any other state is admitted as a resident of a facility due to the chronic or terminal illness, the department or agency placing the offender shall:
(a)
provide written notice to the administrator of the facility no later than 15 days prior to the offender's admission as a resident of a facility, stating:
(i)
the offense for which the offender was convicted and a description of the actual offense;
(ii)
the offender's status with the department or agency;
(iii)
that the information provided by the department or agency regarding the offender shall be provided to employees of the facility no later than 10 days prior to the offender's admission to the facility; and
(iv)
the contact information for:
(A)
the offender's parole officer and also a point of contact within the department or agency, if the offender is on parole; and
(B)
a point of contact within the department or agency, if the offender is not under parole supervision but was given an early release or pardon due to a chronic or terminal illness;
(b)
make available to the public on the Utah Department of Corrections' website and upon request:
(i)
the name and address of the facility where the offender resides; and
(ii)
the date the offender was placed at the facility; and
(c)
provide a training program for employees who work in a facility where offenders reside, and if the offender is placed at the facility by:
(i)
the Utah Department of Corrections, the department shall provide the training program for the employees; and
(ii)
by a department or agency from another state, that state's department or agency shall arrange with the Utah Department of Corrections to provide the training required by this Subsection (2), if training has not already been provided by the Utah Department of Corrections, and shall provide to the Utah Department of Corrections any necessary compensation for this service.
(3)
The administrator of the facility shall:
(a)
provide residents of the facility or their guardians notice that a convicted felon is being admitted to the facility no later than 10 days prior to the offender's admission to the facility;
(b)
advise potential residents or their guardians of persons under Subsection (2) who are current residents of the facility; and
(c)
provide training, offered by the Utah Department of Corrections, in the safe management of offenders for all employees.
a consistent format and procedure for providing notification to facilities and information to the public in compliance with Subsection (2); and
(b)
a training program, in compliance with Subsection (3) for employees, who work at facilities where offenders reside to ensure the safety of facility residents and employees.
Frequently Asked Questions About Utah § 64-13-39.5
What does Utah Code § 64-13-39.5 cover?
Section 64-13-39.5 ("Definitions -- Health care for chronically or terminally ill offenders -- Notice to health care facility.") 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 § 64-13-39.5?
A common citation format is "Utah Code § 64-13-39.5" (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 § 64-13-39.5 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.
