Representative Melissa G. Ballard proposes the following substitute bill:


1     
INMATE EDUCATION AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Melissa G. Ballard

5     
Senate Sponsor: Derrin R. Owens

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions relating to postsecondary education for inmates enrolled in
10     institutions of higher education.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     directs the Higher Education and Corrections Council to facilitate postsecondary
15     education for inmates housed in county jails;
16          ▸     directs the Utah Board of Higher Education to assign student success advisors to
17     correctional facilities;
18          ▸     removes a provision requiring an inmate to pay 50% of tuition at the time of
19     enrollment;
20          ▸     requires an institution of higher education to consider an inmate a state resident for
21     tuition purposes;
22          ▸     requires the Department of Corrections to:
23               •     publish a notice informing an individual depositing money into an inmate's
24     account that a process exists for the individual to review the inmate's financial
25     records;

26               •     provide certain assistance to an inmate participating in postsecondary certificate
27     or degree program; and
28               •     provide a tablet to each inmate that is eligible to receive a tablet under
29     established security policies;
30          ▸     includes reporting requirements; and
31          ▸     makes technical changes.
32     Money Appropriated in this Bill:
33          None
34     Other Special Clauses:
35          None
36     Utah Code Sections Affected:
37     AMENDS:
38          53B-1-402, as last amended by Laws of Utah 2022, Chapters 166, 177
39          53B-8-102, as last amended by Laws of Utah 2020, Chapter 37
40          53B-35-101, as enacted by Laws of Utah 2022, Chapter 147
41          53B-35-202, as enacted by Laws of Utah 2022, Chapter 147
42          64-13-6, as last amended by Laws of Utah 2022, Chapter 187
43          64-13-23, as last amended by Laws of Utah 2021, Chapter 260
44          64-13-30.5, as enacted by Laws of Utah 2009, Chapter 258
45          64-13-48, as enacted by Laws of Utah 2022, Chapter 144
46     ENACTS:
47          53B-35-301, Utah Code Annotated 1953
48     

49     Be it enacted by the Legislature of the state of Utah:
50          Section 1. Section 53B-1-402 is amended to read:
51          53B-1-402. Establishment of board -- Powers, duties, and authority -- Reports.
52          (1) There is established a State Board of Regents, which:
53          (a) beginning July 1, 2020, is renamed the Utah Board of Higher Education;
54          (b) is the governing board for the institutions of higher education;
55          (c) controls, manages, and supervises the Utah system of higher education; and
56          (d) is a body politic and corporate with perpetual succession and with all rights,

57     immunities, and franchises necessary to function as a body politic and corporate.
58          (2) The board shall:
59          (a) establish and promote a state-level vision and goals for higher education that
60     emphasize system priorities, including:
61          (i) quality;
62          (ii) affordability;
63          (iii) access and equity;
64          (iv) completion;
65          (v) workforce alignment and preparation for high-quality jobs; and
66          (vi) economic growth;
67          (b) establish policies and practices that advance the vision and goals;
68          (c) establish metrics to demonstrate and monitor:
69          (i) performance related to the goals; and
70          (ii) performance on measures of operational efficiency;
71          (d) collect and analyze data including economic data, demographic data, and data
72     related to the metrics;
73          (e) coordinate data collection across institutions;
74          (f) establish, approve, and oversee each institution's mission and role in accordance
75     with Section 53B-16-101;
76          (g) assess an institution's performance in accomplishing the institution's mission and
77     role;
78          (h) participate in the establishment and review of programs of instruction in accordance
79     with Section 53B-16-102;
80          (i) perform duties related to an institution of higher education president, including:
81          (i) appointing an institution of higher education president in accordance with Section
82     53B-2-102;
83          (ii) providing support and guidance to an institution of higher education president;
84          (iii) evaluating an institution of higher education president based on institution
85     performance and progress toward systemwide priorities; and
86          (iv) setting the compensation for an institution of higher education president;
87          (j) create and implement a strategic finance plan for higher education, including by:

88          (i) establishing comprehensive budget and finance priorities for academic education
89     and technical education;
90          (ii) allocating statewide resources to institutions;
91          (iii) setting tuition for each institution;
92          (iv) administering state financial aid programs;
93          (v) administering performance funding in accordance with Chapter 7, Part 7,
94     Performance Funding; and
95          (vi) developing a strategic capital facility plan and prioritization process in accordance
96     with Chapter 22, Part 2, Capital Developments, and Sections 53B-2a-117 and 53B-2a-118;
97          (k) create a seamless articulated education system for Utah students that responds to
98     changing demographics and workforce, including by:
99          (i) providing for statewide prior learning assessment, in accordance with Section
100     53B-16-110;
101          (ii) establishing and maintaining clear pathways for articulation and transfer, in
102     accordance with Section 53B-16-105;
103          (iii) establishing degree program requirement guidelines, including credit hour limits;
104          (iv) aligning general education requirements across degree-granting institutions;
105          (v) coordinating and incentivizing collaboration and partnerships between institutions
106     in delivering programs;
107          (vi) coordinating distance delivery of programs; and
108          (vii) coordinating work-based learning;
109          (l) coordinate with the public education system:
110          (i) regarding public education programs that provide postsecondary credit or
111     certificates; and
112          (ii) to ensure that an institution of higher education providing technical education
113     serves secondary students in the public education system;
114          (m) delegate to an institution board of trustees certain duties related to institution
115     governance including:
116          (i) guidance and support for the institution president;
117          (ii) effective administration;
118          (iii) the institution's responsibility for contributing to progress toward achieving

119     systemwide goals; and
120          (iv) other responsibilities determined by the board;
121          (n) delegate to an institution of higher education president management of the
122     institution of higher education;
123          (o) consult with an institution of higher education board of trustees or institution of
124     higher education president before acting on matters pertaining to the institution of higher
125     education;
126          (p) maximize efficiency throughout the Utah system of higher education by identifying
127     and establishing shared administrative services;
128          (q) develop strategies for providing higher education, including career and technical
129     education, in rural areas;
130          (r) manage and facilitate a process for initiating, prioritizing, and implementing
131     education reform initiatives; [and]
132          (s) provide ongoing quality review of institutions; and
133          (t) coordinate with the Department of Corrections to establish educational programs for
134     inmates as described in Section 64-13-6.
135          (3) The board shall submit an annual report of the board's activities and performance
136     against the board's goals and metrics to:
137          (a) the Education Interim Committee;
138          (b) the Higher Education Appropriations Subcommittee;
139          (c) the governor; and
140          (d) each institution of higher education.
141          (4) The board shall prepare and submit an annual report detailing the board's progress
142     and recommendations on workforce related issues, including career and technical education, to
143     the governor and to the [Legislature's] Education Interim Committee by October 31 of each
144     year, including information detailing:
145          (a) how the career and technical education needs of secondary students are being met
146     by institutions of higher education;
147          (b) how the emphasis on high demand, high wage, and high skill jobs in business and
148     industry is being provided;
149          (c) performance outcomes, including:

150          (i) entered employment;
151          (ii) job retention; and
152          (iii) earnings;
153          (d) an analysis of workforce needs and efforts to meet workforce needs; and
154          (e) student tuition and fees.
155          (5) The board may modify the name of an institution of higher education to reflect the
156     role and general course of study of the institution.
157          (6) The board may not take action relating to merging a technical college with another
158     institution of higher education without legislative approval.
159          (7) This section does not affect the power and authority vested in the State Board of
160     Education to apply for, accept, and manage federal appropriations for the establishment and
161     maintenance of career and technical education.
162          (8) The board shall ensure that any training or certification that an employee of the
163     higher education system is required to complete under this title or by board rule complies with
164     Title 63G, Chapter 22, State Training and Certification Requirements.
165          (9) The board shall adopt a policy requiring institutions to provide at least three work
166     days of paid bereavement leave for an employee:
167          (a) following the end of the employee's pregnancy by way of miscarriage or stillbirth;
168     or
169          (b) following the end of another individual's pregnancy by way of a miscarriage or
170     stillbirth, if:
171          (i) the employee is the individual's spouse or partner;
172          (ii) (A) the employee is the individual's former spouse or partner; and
173          (B) the employee would have been a biological parent of a child born as a result of the
174     pregnancy;
175          (iii) the employee provides documentation to show that the individual intended for the
176     employee to be an adoptive parent, as that term is defined in Section 78B-6-103, of a child born
177     as a result of the pregnancy; or
178          (iv) under a valid gestational agreement in accordance with Title 78B, Chapter 15, Part
179     8, Gestational Agreement, the employee would have been a parent of a child born as a result of
180     the pregnancy.

181          Section 2. Section 53B-8-102 is amended to read:
182          53B-8-102. Definitions -- Resident student status -- Exceptions.
183          (1) As used in this section:
184          (a) "Eligible person" means an individual who is entitled to post-secondary educational
185     benefits under Title 38 U.S.C., Veterans' Benefits.
186          (b) "Immediate family member" means an individual's spouse or dependent child.
187          (c) "Inmate" means the same as that term is defined in Section 64-13-1.
188          [(c)] (d) "Military servicemember" means an individual who:
189          (i) is serving on active duty in the United States Armed Forces within the state of Utah;
190          (ii) is a member of a reserve component of the United States Armed Forces assigned in
191     Utah;
192          (iii) is a member of the Utah National Guard; or
193          (iv) maintains domicile in Utah, as described in Subsection (9)(a), but is assigned
194     outside of Utah pursuant to federal permanent change of station orders.
195          [(d)] (e) "Military veteran" has the same meaning as veteran in Section 68-3-12.5.
196          [(e)] (f) "Parent" means a student's biological or adoptive parent.
197          (2) The meaning of "resident student" is determined by reference to the general law on
198     the subject of domicile, except as provided in this section.
199          (3) (a) Institutions within the state system of higher education may grant resident
200     student status to any student who has come to Utah and established residency for the purpose of
201     attending an institution of higher education, and who, prior to registration as a resident student:
202          (i) has maintained continuous Utah residency status for one full year;
203          (ii) has signed a written declaration that the student has relinquished residency in any
204     other state; and
205          (iii) has submitted objective evidence that the student has taken overt steps to establish
206     permanent residency in Utah and that the student does not maintain a residence elsewhere.
207          (b) Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
208          (i) a Utah high school transcript issued in the past year confirming attendance at a Utah
209     high school in the past 12 months;
210          (ii) a Utah voter registration dated a reasonable period prior to application;
211          (iii) a Utah driver license or identification card with an original date of issue or a

212     renewal date several months prior to application;
213          (iv) a Utah vehicle registration dated a reasonable period prior to application;
214          (v) evidence of employment in Utah for a reasonable period prior to application;
215          (vi) proof of payment of Utah resident income taxes for the previous year;
216          (vii) a rental agreement showing the student's name and Utah address for at least 12
217     months prior to application; and
218          (viii) utility bills showing the student's name and Utah address for at least 12 months
219     prior to application.
220          (c) A student who is claimed as a dependent on the tax returns of a person who is not a
221     resident of Utah is not eligible to apply for resident student status.
222          (4) Except as provided in Subsection (8), an institution within the state system of
223     higher education may establish stricter criteria for determining resident student status.
224          (5) If an institution does not have a minimum credit-hour requirement, that institution
225     shall honor the decision of another institution within the state system of higher education to
226     grant a student resident student status, unless:
227          (a) the student obtained resident student status under false pretenses; or
228          (b) the facts existing at the time of the granting of resident student status have changed.
229          (6) Within the limits established in [Title 53B, Chapter 8, Tuition Waiver and
230     Scholarships] Chapter 8, Tuition Waiver and Scholarships, each institution within the state
231     system of higher education may, regardless of its policy on obtaining resident student status,
232     waive nonresident tuition either in whole or in part, but not other fees.
233          (7) In addition to the waivers of nonresident tuition under Subsection (6), each
234     institution may, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to
235     the maximum number allowed by the appropriate athletic conference as recommended by the
236     president of each institution.
237          (8) Notwithstanding Subsection (3), an institution within the state system of higher
238     education shall grant resident student status for tuition purposes to:
239          (a) a military servicemember, if the military servicemember provides:
240          (i) the military servicemember's current United States military identification card; and
241          (ii) (A) a statement from the military servicemember's current commander, or
242     equivalent, stating that the military servicemember is assigned in Utah; or

243          (B) evidence that the military servicemember is domiciled in Utah, as described in
244     Subsection (9)(a);
245          (b) a military servicemember's immediate family member, if the military
246     servicemember's immediate family member provides:
247          (i) (A) the military servicemember's current United States military identification card;
248     or
249          (B) the immediate family member's current United States military identification card;
250     and
251          (ii) (A) a statement from the military servicemember's current commander, or
252     equivalent, stating that the military servicemember is assigned in Utah; or
253          (B) evidence that the military servicemember is domiciled in Utah, as described in
254     Subsection (9)(a);
255          (c) a military veteran, regardless of whether the military veteran served in Utah, if the
256     military veteran provides:
257          (i) evidence of an honorable or general discharge;
258          (ii) a signed written declaration that the military veteran has relinquished residency in
259     any other state and does not maintain a residence elsewhere;
260          (iii) objective evidence that the military veteran has demonstrated an intent to establish
261     residency in Utah, which may include any one of the following:
262          (A) a Utah voter registration card;
263          (B) a Utah driver license or identification card;
264          (C) a Utah vehicle registration;
265          (D) evidence of employment in Utah;
266          (E) a rental agreement showing the military veteran's name and Utah address; or
267          (F) utility bills showing the military veteran's name and Utah address;
268          (d) a military veteran's immediate family member, regardless of whether the military
269     veteran served in Utah, if the military veteran's immediate family member provides:
270          (i) evidence of the military veteran's honorable or general discharge;
271          (ii) a signed written declaration that the military veteran's immediate family member
272     has relinquished residency in any other state and does not maintain a residence elsewhere; and
273          (iii) objective evidence that the military veteran's immediate family member has

274     demonstrated an intent to establish residency in Utah, which may include any one of the items
275     described in Subsection (8)(c)(iii); [or]
276          (e) an eligible person who provides:
277          (i) evidence of eligibility under Title 38 U.S.C., Veterans' Benefits;
278          (ii) a signed written declaration that the eligible person will use the G.I. Bill benefits;
279     and
280          (iii) objective evidence that the eligible person has demonstrated an intent to establish
281     residency in Utah, which may include [any] one of the items described in Subsection
282     (8)(c)(iii)[.]; or
283          (f) an inmate during:
284          (i) the time the inmate is enrolled in the course; and
285          (ii) for one year after the day on which the inmate is released from a correctional
286     facility as defined in Section 64-13-1.
287          (9) (a) The evidence described in Subsection (8)(a)(ii)(B) or (8)(b)(ii)(B) includes:
288          (i) a current Utah voter registration card;
289          (ii) a valid Utah driver license or identification card;
290          (iii) a current Utah vehicle registration;
291          (iv) a copy of a Utah income tax return, in the military servicemember's or military
292     servicemember's spouse's name, filed as a resident in accordance with Section 59-10-502; or
293          (v) proof that the military servicemember or military servicemember's spouse owns a
294     home in Utah, including a property tax notice for property owned in Utah.
295          (b) Aliens who are present in the United States on visitor, student, or other visas which
296     authorize only temporary presence in this country, do not have the capacity to intend to reside
297     in Utah for an indefinite period and therefore are classified as nonresidents.
298          (c) Aliens who have been granted immigrant or permanent resident status in the United
299     States are classified for purposes of resident student status according to the same criteria
300     applicable to citizens.
301          (10) Any American Indian who is enrolled on the tribal rolls of a tribe whose
302     reservation or trust lands lie partly or wholly within Utah or whose border is at any point
303     contiguous with the border of Utah, and any American Indian who is a member of a federally
304     recognized or known Utah tribe and who has graduated from a high school in Utah, is entitled

305     to resident student status.
306          (11) A Job Corps student is entitled to resident student status if the student:
307          (a) is admitted as a full-time, part-time, or summer school student in a program of
308     study leading to a degree or certificate; and
309          (b) submits verification that the student is a current Job Corps student.
310          (12) A person is entitled to resident student status and may immediately apply for
311     resident student status if the person:
312          (a) marries a Utah resident eligible to be a resident student under this section; and
313          (b) establishes his or her domicile in Utah as demonstrated by objective evidence as
314     provided in Subsection (3).
315          (13) Notwithstanding Subsection (3)(c), a dependent student who has at least one
316     parent who has been domiciled in Utah for at least 12 months prior to the student's application
317     is entitled to resident student status.
318          (14) (a) A person who has established domicile in Utah for full-time permanent
319     employment may rebut the presumption of a nonresident classification by providing substantial
320     evidence that the reason for the individual's move to Utah was, in good faith, based on an
321     employer requested transfer to Utah, recruitment by a Utah employer, or a comparable
322     work-related move for full-time permanent employment in Utah.
323          (b) All relevant evidence concerning the motivation for the move shall be considered,
324     including:
325          (i) the person's employment and educational history;
326          (ii) the dates when Utah employment was first considered, offered, and accepted;
327          (iii) when the person moved to Utah;
328          (iv) the dates when the person applied for admission, was admitted, and was enrolled
329     as a postsecondary student;
330          (v) whether the person applied for admission to an institution of higher education
331     sooner than four months from the date of moving to Utah;
332          (vi) evidence that the person is an independent person who is:
333          (A) at least 24 years [of age] old; or
334          (B) not claimed as a dependent on someone else's tax returns; and
335          (vii) any other factors related to abandonment of a former domicile and establishment

336     of a new domicile in Utah for purposes other than to attend an institution of higher education.
337          (15) (a) A person who is in residence in Utah to participate in a United States Olympic
338     athlete training program, at a facility in Utah, approved by the governing body for the athlete's
339     Olympic sport, shall be entitled to resident status for tuition purposes.
340          (b) Upon the termination of the athlete's participation in the training program, the
341     athlete shall be subject to the same residency standards applicable to other persons under this
342     section.
343          (c) Time spent domiciled in Utah during the Olympic athlete training program in Utah
344     counts for Utah residency for tuition purposes upon termination of the athlete's participation in
345     a Utah Olympic athlete training program.
346          (16) (a) A person who has established domicile in Utah for reasons related to divorce,
347     the death of a spouse, or long-term health care responsibilities for an immediate family
348     member, including the person's spouse, parent, sibling, or child, may rebut the presumption of a
349     nonresident classification by providing substantial evidence that the reason for the individual's
350     move to Utah was, in good faith, based on the long-term health care responsibilities.
351          (b) All relevant evidence concerning the motivation for the move shall be considered,
352     including:
353          (i) the person's employment and educational history;
354          (ii) the dates when the long-term health care responsibilities in Utah were first
355     considered, offered, and accepted;
356          (iii) when the person moved to Utah;
357          (iv) the dates when the person applied for admission, was admitted, and was enrolled
358     as a postsecondary student;
359          (v) whether the person applied for admission to an institution of higher education
360     sooner than four months from the date of moving to Utah;
361          (vi) evidence that the person is an independent person who is:
362          (A) at least 24 years [of age] old; or
363          (B) not claimed as a dependent on someone else's tax returns; and
364          (vii) any other factors related to abandonment of a former domicile and establishment
365     of a new domicile in Utah for purposes other than to attend an institution of higher education.
366          (17) The board, after consultation with the institutions, shall make rules not

367     inconsistent with this section:
368          (a) concerning the definition of resident and nonresident students;
369          (b) establishing procedures for classifying and reclassifying students;
370          (c) establishing criteria for determining and judging claims of residency or domicile;
371          (d) establishing appeals procedures; and
372          (e) other matters related to this section.
373          (18) A student shall be exempt from paying the nonresident portion of total tuition if
374     the student:
375          (a) is a foreign national legally admitted to the United States;
376          (b) attended high school in this state for three or more years; and
377          (c) graduated from a high school in this state or received the equivalent of a high
378     school diploma in this state.
379          Section 3. Section 53B-35-101 is amended to read:
380          53B-35-101. Definitions.
381          As used in this chapter[, "council"]:
382          (1) "Correctional facility" means the same as that term is defined in Section 64-13-1.
383          (2) "Council" means the Higher Education and Corrections Council created in Section
384     53B-35-201.
385          (3) "Department" means the Department of Corrections created in Section 64-13-2.
386          (4) "Inmate" means the same as that term is defined in Section 64-13-1.
387          (5) "Institution of higher education" means an institution described in Section
388     53B-1-102.
389          Section 4. Section 53B-35-202 is amended to read:
390          53B-35-202. Council duties -- Reporting.
391          (1) The council shall:
392          (a) coordinate, facilitate, and support the delivery of higher education in the state's
393     correctional facilities, including the county jails under contract with the Department of
394     Corrections to house inmates, to prepare incarcerated individuals for integration and productive
395     employment upon release;
396          (b) explore and provide recommendations to the board and the [Utah] Department of
397     Corrections for the efficient and effective delivery of higher education programs to incarcerated

398     individuals, including:
399          (i) evidence-based practices and technologies;
400          (ii) methods of maximizing and facilitating incarcerated individuals' access to
401     educational programs;
402          (iii) methods of supporting and facilitating timely completion of courses, certificates,
403     and degrees;
404          (iv) methods of emphasizing educational programs that:
405          (A) align with current and future workforce demands of the state;
406          (B) lead to occupations that are accessible to released incarcerated individuals;
407          (C) provide sustainable wages following release; and
408          (D) maximize accessibility and timely completion during incarceration;
409          (v) use of cross-institutional application of coursework toward certificates and degrees;
410          (vi) use of coursework that encourages personal and civic development; and
411          (vii) methods of leveraging innovative course delivery, including technology resources;
412          (c) explore methods and make recommendations for the collection and analysis of
413     critical data regarding:
414          (i) enrollment and completion of postsecondary education courses, certificate
415     programs, credentials, and degree programs;
416          (ii) federal and state student aid awarded to incarcerated individuals;
417          (iii) costs of postsecondary education in prison, including any recommendations for
418     continued improvement; and
419          (iv) outcomes of formerly incarcerated individuals who participated in postsecondary
420     programming during incarceration if the individual is under the supervision of the Department
421     of Corrections, including recidivism, employment, and post-release postsecondary education
422     engagement; and
423          (d) recommend requests for legislative appropriations to the board to support the
424     purposes and objectives of the council.
425          (2) The council shall annually report regarding the council's plans and programs, the
426     number of enrollees served, and the number of enrollees receiving degrees and certificates to:
427          (a) the board;
428          (b) before the committee's November interim committee meeting, the Education

429     Interim Committee; and
430          (c) at least 30 days before the beginning of the annual legislative session, the Higher
431     Education Appropriations Subcommittee.
432          Section 5. Section 53B-35-301 is enacted to read:
433     
Part 3. Student Support

434          53B-35-301. Higher education student advisors.
435          (1) The board shall:
436          (a) direct institutions of higher education capable of providing educational
437     opportunities to incarcerated individuals to employ student success advisors; and
438          (b) assign:
439          (i) at least two student success advisors to each correctional facility operated by the
440     department;
441          (ii) at least two student success advisors to assist inmates housed in county jails under
442     contract with the department; and
443          (iii) a staff member to coordinate higher education in correctional facilities and support
444     the council.
445          (2) A student success advisor assigned to a correctional facility or county jail shall
446     provide academic guidance and support to inmates qualified to participate in an accredited
447     postsecondary education program including:
448          (a) meeting with each inmate to establish an individualized education plan for the
449     inmate; and
450          (b) assisting each inmate enrolled in a postsecondary education program with applying
451     for financial aid.
452          (3) The commissioner, after consultation with institutions directed to employ a student
453     success advisor under Subsection (1)(a) shall report annually to the council regarding the
454     guidance and support provided under Subsection (2).
455          Section 6. Section 64-13-6 is amended to read:
456          64-13-6. Department duties.
457          (1) The department shall:
458          (a) protect the public through institutional care and confinement, and supervision in the
459     community of offenders where appropriate;

460          (b) implement court-ordered punishment of offenders;
461          (c) provide evidence-based and evidence-informed program opportunities for offenders
462     designed to reduce offenders' criminogenic and recidivism risks, including behavioral,
463     cognitive, educational, and career-readiness program opportunities;
464          (d) ensure that offender participation in all program opportunities described in
465     Subsection (1)(c) is voluntary;
466          (e) where appropriate, utilize offender volunteers as mentors in the program
467     opportunities described in Subsection (1)(c);
468          (f) provide treatment for sex offenders who are found to be treatable based upon
469     criteria developed by the department;
470          (g) provide the results of ongoing clinical assessment of sex offenders and objective
471     diagnostic testing to sentencing and release authorities;
472          (h) manage programs that take into account the needs and interests of victims, where
473     reasonable;
474          (i) supervise probationers and parolees as directed by statute and implemented by the
475     courts and the Board of Pardons and Parole;
476          (j) subject to Subsection (2), investigate criminal conduct involving offenders
477     incarcerated in a state correctional facility;
478          (k) cooperate and exchange information with other state, local, and federal law
479     enforcement agencies to achieve greater success in prevention and detection of crime and
480     apprehension of criminals;
481          (l) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
482     Offender Supervision;
483          (m) establish a case action plan based on appropriate validated risk, needs, and
484     responsivity assessments for each offender as follows:
485          (i) (A) if an offender is to be supervised in the community, the department shall
486     establish a case action plan for the offender no later than 60 days after the day on which the
487     department's community supervision of the offender begins; and
488          (B) if the offender is committed to the custody of the department, the department shall
489     establish a case action plan for the offender no later than 90 days after the day on which the
490     offender is committed to the custody of the department;

491          (ii) each case action plan shall integrate an individualized, evidence-based, and
492     evidence-informed treatment and program plan with clearly defined completion requirements;
493          (iii) the department shall share each newly established case action plan with the
494     sentencing and release authority within 30 days after the day on which the case action plan is
495     established; and
496          (iv) the department shall share any changes to a case action plan, including any change
497     in an offender's risk assessment, with the sentencing and release authority within 30 days after
498     the day of the change;
499          (n) ensure that an inmate has reasonable access to legal research; and
500          [(n)] (o) ensure that any training or certification required of a public official or public
501     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
502     22, State Training and Certification Requirements, if the training or certification is required:
503          (i) under this title;
504          (ii) by the department; or
505          (iii) by an agency or division within the department.
506          (2) The department may in the course of supervising probationers and parolees:
507          (a) respond in accordance with the graduated and evidence-based processes established
508     by the Utah Sentencing Commission under Subsection 63M-7-404(6), to an individual's
509     violation of one or more terms of the probation or parole; and
510          (b) upon approval by the court or the Board of Pardons and Parole, impose as a
511     sanction for an individual's violation of the terms of probation or parole a period of
512     incarceration of not more than three consecutive days and not more than a total of five days
513     within a period of 30 days.
514          (3) (a) By following the procedures in Subsection (3)(b), the department may
515     investigate the following occurrences at state correctional facilities:
516          (i) criminal conduct of departmental employees;
517          (ii) felony crimes resulting in serious bodily injury;
518          (iii) death of any person; or
519          (iv) aggravated kidnaping.
520          (b) Before investigating any occurrence specified in Subsection (3)(a), the department
521     shall:

522          (i) notify the sheriff or other appropriate law enforcement agency promptly after
523     ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) has
524     occurred; and
525          (ii) obtain consent of the sheriff or other appropriate law enforcement agency to
526     conduct an investigation involving an occurrence specified in Subsection (3)(a).
527          (4) Upon request, the department shall provide copies of investigative reports of
528     criminal conduct to the sheriff or other appropriate law enforcement agencies.
529          (5) (a) The executive director of the department, or the executive director's designee if
530     the designee possesses expertise in correctional programming, shall consult at least annually
531     with cognitive and career-readiness staff experts from the Utah system of higher education and
532     the State Board of Education to review the department's evidence-based and evidence-informed
533     treatment and program opportunities.
534          (b) Beginning in the 2022 interim, the department shall provide an annual report to the
535     Law Enforcement and Criminal Justice Interim Committee regarding the department's
536     implementation of and offender participation in evidence-based and evidence-informed
537     treatment and program opportunities designed to reduce the criminogenic and recidivism risks
538     of offenders over time.
539          (6) (a) As used in this Subsection (6):
540          (i) "Accounts receivable" means any amount owed by an offender arising from a
541     criminal judgment that has not been paid.
542          (ii) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
543     surcharges, costs, interest, penalties, restitution to victims, third-party claims, claims,
544     reimbursement of a reward, and damages that an offender is ordered to pay.
545          (b) The department shall collect and disburse, with any interest and any other costs
546     assessed under Section 64-13-21, an accounts receivable for an offender during:
547          (i) the parole period and any extension of that period in accordance with Subsection
548     (6)(c); and
549          (ii) the probation period for which the court orders supervised probation and any
550     extension of that period by the department in accordance with Subsection 77-18-105(7).
551          (c) (i) If an offender has an unpaid balance of the offender's accounts receivable at the
552     time that the offender's sentence expires or terminates, the department shall be referred to the

553     sentencing court for the sentencing court to enter a civil judgment of restitution and a civil
554     accounts receivable as described in Section 77-18-114.
555          (ii) If the board makes an order for restitution within 60 days from the day on which
556     the offender's sentence expires or terminates, the board shall refer the order for restitution to
557     the sentencing court to be entered as a civil judgment of restitution as described in Section
558     77-18-114.
559          (d) This Subsection (6) only applies to offenders sentenced before July 1, 2021.
560          Section 7. Section 64-13-23 is amended to read:
561          64-13-23. Offender's income and finances.
562          (1) The department may require each offender, while in the custody of the department
563     or while on probation or parole, to place funds received or earned by the offender from any
564     source into:
565          (a) an account administered by the department; or
566          (b) a joint account with the department at a federally insured financial institution.
567          (2) The department may require each offender to maintain a minimum balance in an
568     account under Subsection (1) for the particular offender's use upon:
569          (a) discharge from the custody of the department; or
570          (b) completion of parole or probation.
571          (3) If the funds are placed in a joint account at a federally insured financial institution:
572          (a) any interest accrues to the benefit of the offender account; and
573          (b) the department may require that the signatures of both the offender and a
574     departmental representative be submitted to the financial institution to withdraw funds from the
575     account.
576          (4) If the funds are placed in an account administered by the department, the
577     department may by rule designate:
578          (a) a certain portion of the offender's funds as interest-bearing savings; and
579          (b) a portion of the offender's funds as noninterest-bearing to be used for day-to-day
580     expenses.
581          (5) The department may withhold part of the offender's funds in an account under
582     Subsection (1) for expenses of:
583          (a) supervision or treatment;

584          (b) restitution, reparation, fines, alimony, support payments, or similar court-ordered
585     payments;
586          (c) obtaining the offender's DNA specimen, if the offender is required under Section
587     53-10-404 to provide a specimen;
588          (d) department-ordered repayment of a fine that is incurred under Section 64-13-33;
589     and
590          (e) [any] other debt to the state.
591          (6) (a) An offender may not be granted free process in civil actions, including petitions
592     for a writ of habeas corpus, if, at any time from the date the cause of action arose through the
593     date the cause of action remains pending, there are any funds in an account under Subsection
594     (1) that have not been withheld or are not subject to withholding under Subsection (4) or (5).
595          (b) The amount assessed for the filing fee, service of process and other fees and costs
596     shall not exceed the total amount of funds the offender has in excess of the indigence threshold
597     established by the department but not less than $25 including the withholdings under
598     Subsection (4) or (5) during the identified period of time.
599          (c) The amounts assessed shall not exceed the regular fees and costs provided by law.
600          (7) The department may disclose information on offender accounts to the Office of
601     Recovery Services and other appropriate state agencies.
602          (8) The department shall publish a notice on the department's website, and any website
603     used by an individual depositing funds into an offender's account, that the individual may
604     request from the department a copy of a statement of the offender's financial account in
605     accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
606          Section 8. Section 64-13-30.5 is amended to read:
607          64-13-30.5. Payment by inmate for postsecondary educational tuition.
608          [(1) (a) An inmate participating in a postsecondary education program through the
609     department shall pay to the department at the time of enrollment 50% of the costs of the
610     postsecondary education tuition.]
611          (1) [(b)] (a) If an inmate desires to participate in [the] a postsecondary education
612     program but is unable to pay the costs of the education because of inadequate financial
613     resources, the inmate may participate in a deferred tuition payment program under this section.
614          [(c)] (b) The department and the Office of State Debt Collection shall coordinate a

615     deferred postsecondary education tuition repayment program to provide inmates a reasonable
616     payment schedule and payment amount to allow for deferred payment of the postsecondary
617     educational tuition obligation the inmate incurred while under supervision of the department,
618     which shall:
619          (i) account for all postsecondary education tuition costs incurred by the inmate while
620     under the supervision of the department;
621          (ii) establish an appropriate time for the inmate to begin payment of postsecondary
622     education tuition costs, which shall require that payments start no later than two years after
623     termination of parole; and
624          (iii) establish a payment schedule and payment amounts, including prevailing interest
625     rates, commensurate with student loans currently being offered by local financial institutions.
626          [(d)] (c) Neither the department nor the Office of State Debt Collection may relieve an
627     offender of the postsecondary tuition repayment responsibility.
628          [(e)] (d) The department shall pay costs of postsecondary education not paid by the
629     offender at the time of participation in the program from the Prison Telephone Surcharge
630     Account.
631          (2) (a) Of those tuition funds collected by the Office of State Debt Collection under
632     this section, 10% may be used by the Office of State Debt Collection for operation of the
633     deferred payment program.
634          (b) All other funds collected as repayment for postsecondary tuition costs shall be
635     deposited in the Prison Telephone Surcharge Account.
636          (3) Only [inmates] an inmate lawfully present in the United States may participate in
637     the postsecondary educational program offered through the department.
638          Section 9. Section 64-13-48 is amended to read:
639          64-13-48. Educational and career-readiness programs.
640          (1) The department shall, in accordance with Subsection 64-13-6(1)(c), ensure that
641     appropriate evidence-based and evidence-informed educational or career-readiness programs
642     are made available to an inmate as soon as practicable after the creation of the inmate's case
643     action plan.
644          (2) The department shall provide incarcerated women with substantially equivalent
645     educational and career-readiness opportunities as incarcerated men.

646          (3) Before an inmate begins an educational or career-readiness program, the
647     department shall provide reasonable access to resources necessary for an inmate to apply for
648     grants or other available financial aid that may be available to pay for the inmate's program.
649          (4) (a) The department shall consider an inmate's current participation in an
650     educational or career-readiness program when the department makes a decision with regard to
651     an inmate's:
652          (i) transfer to another area or facility; or
653          (ii) appropriate disciplinary sanction.
654          (b) When possible, the department shall use best efforts to allow an inmate to continue
655     the inmate's participation in an educational or career-readiness program while the facility is
656     under lockdown, quarantine, or a similar status.
657          (5) (a) The department shall maintain records on an inmate's educational progress,
658     including completed life skills, certifications, and credit- and non-credit-bearing courses, made
659     while the inmate is incarcerated.
660          (b) The department shall facilitate the transfer of information related to the inmate's
661     educational process upon the inmate's release, including the inmate's post-release contact
662     information and the records described in Subsection (5)(a), to:
663          (i) the inmate; or
664          (ii) an entity that the inmate has authorized to receive the inmate's records or
665     post-release contact information, including an institution:
666          (A) from which the inmate received educational instruction while the inmate was
667     incarcerated; or
668          (B) at which the inmate plans to continue the inmate's post-incarceration education.
669          (6) Beginning May 1, 2023, the department shall provide an annual report to the
670     Higher Education Appropriations Subcommittee regarding educational and career-readiness
671     programs for inmates, which shall include:
672          (a) the number of inmates who are participating in an educational or career-readiness
673     program, including an accredited postsecondary education program;
674          (b) the percentage of inmates who are participating in an educational or
675     career-readiness program as compared to the total inmate population;
676          (c) inmate program completion and graduation data, including the number of

677     completions and graduations in each educational or career-readiness program;
678          (d) the potential effect of educational or career-readiness programs on recidivism, as
679     determined by a comparison of:
680          (i) the total number of inmates who return to incarceration after a previous
681     incarceration; and
682          (ii) the number of inmates who return to incarceration after a previous incarceration
683     who participated in or completed an educational or career-readiness program;
684          (e) the number of inmates who were transferred to a different facility while currently
685     participating in an educational or career-readiness program, including the number of inmates
686     who were unable to continue a program after a transfer to a different facility; and
687          (f) the department's:
688          (i) recommendation for resources that may increase inmates' access to and participation
689     in an educational or career-readiness program; and
690          (ii) estimate of how many additional inmates would participate in an educational or
691     career-readiness program if the resources were provided.
692          (7) The department shall:
693          (a) ensure that an inmate enrolled in an educational or career-readiness program has
694     access to modern technology determined by the provider of the program as necessary for an
695     inmate to participate in the program;
696          (b) provide a tablet to each inmate incarcerated at a correctional facility managed by
697     the department that is eligible to receive a tablet under established security policies that:
698          (i) the inmate may use in the inmate's cell or common area; and
699          (ii) is capable of:
700          (A) communicating with individuals outside the correctional facility through voice and
701     text message;
702          (B) assisting the inmate in the inmate's education; and
703          (C) providing a digital literacy education; and
704          (c) assist an inmate in applying for jobs within 30 days before the day on which the
705     inmate is released from the department's custody.
706          [(7)] (8) The department may make rules in accordance with Section 64-13-10 and
707     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of this

708     section.