H.B. 395 Enrolled

PRIVATE PRISON AMENDMENTS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Brad King
AN ACT RELATING TO STATE INSTITUTIONS AND THE DEPARTMENT OF
CORRECTIONS; AMENDING THE DEFINITION OF A CORRECTIONAL FACILITY TO
INCLUDE THOSE FACILITIES THAT ARE UNDER CONTRACT WITH THE
DEPARTMENT.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
64-13-1, as last amended by Chapter 224, Laws of Utah 1989
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 64-13-1 is amended to read:
64-13-1. Definitions.
As used in this chapter:
(1) "Community correctional center" means a nonsecure correctional facility operated:
(a) by the department[.]; or
(b) under a contract with the department.
(2) "Correctional facility" means any facility operated [by the department] to house
offenders, either in a secure or nonsecure setting[.]:
(a) by the department; or
(b) under a contract with the department.
(3) "Council" means the Corrections Advisory Council.
(4) "Department" means the Department of Corrections.
(5) "Emergency" means any riot, disturbance, homicide, inmate violence occurring in any
correctional facility, or any situation that presents immediate danger to the safety, security, and
control of the department.
(6) "Executive director" means the executive director of the Department of Corrections.
(7) "Inmate" means any person who is committed to the custody of the department and

who is housed at a correctional facility or at a county jail at the request of the department.
(8) "Offender" means any person who has been convicted of a crime for which he may be
committed to the custody of the department and is at least one of the following:
(a) committed to the custody of the department;
(b) on probation; or
(c) on parole.
(9) "Secure correctional facility" means any prison, penitentiary, or other institution operated
by the department or under contract for the confinement of offenders, where force may be used to
restrain them if they attempt to leave the institution without authorization.

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