Section 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.Utah Admin. Code R547-11-3
Adopted by Utah State Bulletin Number 2015-24, effective 11/24/2015Amended by Utah State Bulletin Number 2022-06, effective 3/4/2022