Utah Admin. Code R547-11-3 - General Rules
(1) The Division
must transfer to the custody of the Department of Corrections a minor who has
reached the age of 21, and has not been paroled or otherwise released from
incarceration, while provisionally housed in a Division facility. The Division
must complete such transfer as soon as reasonably possible, but not later than
six months after the minor reaches age 21.
(2) The Division may transfer to the custody
of the Utah Department of Corrections a minor who has been provisionally housed
in a Division facility, i f:
(a) continuing
to house the minor in a Division facility presents an unreasonable risk to
others in the facility, which may include the following behaviors of the minor:
(i) physically assaulting residents, staff or
other persons at the facility;
(ii)
planning, coercing or leading physical assaults by other residents;
(iii) persistently engaging in behavior that
is disruptive to rehabilitative efforts within the facility;
(iv) engaging in a pattern of behaviors which
creates danger for other persons; or
(b) continuing to house the minor in a
Division facility is not in the best interests of the minor, due to:
(i) exhausting all treatment resources
available;
(ii) failing to show
progress in reducing risk;
(iii)
being found to be no longer amenable to treatment within the facility;
or
(iv) being better served by
resources available if transferred out of the Division facility.
(3) The Division
Director shall have final decision-making authority pursuant to this
rule.
Notes
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