2006 Utah Code - 64-13-39.5 — Definitions -- Health care for chronically or terminally ill offenders -- Notice to health care facility.

     64-13-39.5.   Definitions -- Health care for chronically or terminally ill offenders -- Notice to health care facility.
     (1) As used in this section:
     (a) "Chronically ill" has the same meaning as in Section 31A-36-102.
     (b) "Health care facility" means an assisted living facility as defined in Subsection 26-21-2(5) and a nursing care facility as defined in Subsection 26-21-2(17), except that transitional care units and other long term care beds owned or operated on the premises of acute care hospitals or critical care hospitals are not health care facilities for the purpose of this section.
     (c) "Terminally ill" has the same meaning as in Section 31A-36-102.
     (2) If an inmate is given an early release, pardon, or parole due to a chronic or terminal illness, and is subsequently admitted as a resident of a health care facility due to the chronic or terminal illness, the department shall provide written notice to the administrator of the facility, stating:
     (a) the offense for which the offender was convicted and a description of the actual offense;
     (b) the offender's status with the department; and
     (c) that the information provided by the department regarding the offender shall be provided to employees of the facility no later than ten days prior to the offender's admission to the facility.
     (3) (a) The administrator of the facility shall provide residents of the facility or their guardians notice that a convicted felon is being admitted to the facility no later than ten days prior to the offender's admission to the facility.
     (b) The administrator of the facility shall advise potential residents or their guardians of persons under Subsection (2) who are current residents of the facility.
     (4) The department shall provide notice under Subsection (3)(a) no later than 15 days prior to the offender's admission as a resident of a health care facility.
     (5) The department shall make rules under Title 63, Chapter 46a, Utah Administrative Rulemaking Act, establishing a consistent format and procedure for providing notification to facilities under this section.

Enacted by Chapter 138, 2006 General Session