Utah Admin. Code R251-716-3 - [Effective until 9/6/2024] General Requirements

(1) Requests to use offenders in undercover roles originating within or outside the Department must be made in writing to the LEB Chief.

(2) Decisions relating to requests from criminal investigators from the Department, or other criminal justice agencies, to use offenders under the supervision of the Department in undercover roles shall be made on a case-by-case basis. Factors to be considered include:

(a) risk or danger to the offender;

(b) impact of these activities on implementation and realization of correctional goals for the offender;

(c) the nature of the assignment;

(d) the controls which shall exist; and

(e) the importance of the assignment to maintaining public safety.

(3) The Department may not unlawfully coerce nor knowingly permit unlawful coercion of offenders to participate in undercover roles.

(4) Neither the Department nor any other entity shall be bound by any promises, inducements, or other arrangements agreed to by the offender unless the Department or any other involved entities has agreed in writing to the promises.

(5) Final authority within the Department concerning requests shall reside with the LEB Chief.

(6) Nothing in this section shall prohibit members of this Department or other criminal justice agencies from requesting or receiving information from offenders.

(7) Functions of this program shall be carried out by policies internal to the Department.

Notes

Utah Admin. Code R251-716-3

Adopted by Utah State Bulletin Number 2023-19, effective 9/14/2023, exp. 1/12/2024 (Emergency) Amended by Utah State Bulletin Number 2024-11, effective 5/9/2024, exp. 9/6/2024 (Emergency)