Utah Admin. Code R547-11-4 - [Repealed]
Current through Bulletin 2022-07, April 1, 2022
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(1) The Division must transfer to the custody of the Department of Corrections a youthful prisoner who has reached the age of 18 while provisionally housed in a Division facility (and has not been paroled or otherwise released from incarceration). The Division must complete such transfer as soon as reasonably possible, but not later than six months after the prisoner reaches age 18.
(2) The Division may transfer to the custody of the Utah Department of Corrections a youthful prisoner who has been provisionally housed in a Division facility, if:
(a) Continuing to house the prisoner in a Division facility presents an unreasonable risk to others in the facility, as demonstrated by any of the following behaviors of the prisoner:
(i) Physically assaulting other residents or other persons in the facility;
(ii) Planning, coercing or leading physical assaults committed by other residents in the facility;
(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 youthful prisoner in a Division facility is not in the best interests of the youthful prisoner, including, but not limited to, circumstances in which the youthful prisoner:
(i) has exhausted treatment resources available within the facility;
(ii) has failed to show progress in reducing criminogenic behaviors;
(iii) is found to not be amenable to treatment available within the facility; or
(iv) would be better served by the resources available if transferred to the custody of the Utah Department of Corrections.