2011 Utah Code
Title 64 State Institutions
Chapter 13 Department of Corrections-State Prison
Section 38 Emergency release due to overcrowding.

64-13-38. Emergency release due to overcrowding.
(1) When the executive director of the department finds that the inmate population of the Utah State Prison has exceeded physical capacity for at least 45 calendar days, the executive director may:
(a) notify the governor that an overcrowding emergency exists and provide him with information relevant to that determination; and
(b) notify the Board of Pardons and Parole of the existence of the overcrowding emergency so that the board may commence emergency releases pursuant to Subsection (2).
(2) Upon the governor's receipt of notification of the existence of an emergency release, the department shall:
(a) notify the board of the number of inmates who need to be released in order to eliminate the overcrowding emergency;
(b) in cooperation and consultation with the board, compile a list of inmates by chronological order according to their existing parole release dates, sufficient to eliminate the overcrowding emergency; and
(c) for each inmate listed in accordance with Subsection (2)(b), notify the board if the department has any reason to believe that the inmate has violated a disciplinary rule or for some other reason recommends that the inmate's existing parole date be rescinded.
(3) Unless the board has identified a reason to believe that the inmate's existing parole date should be rescinded, the parole release date of each inmate identified in Subsection (2)(b) may be advanced a sufficient number of days to allow for release.
(4) When the process described in Subsections (2) and (3) has been completed, the board may order the release of the eligible inmates.
(5) The department shall:
(a) send to the Commission on Criminal and Juvenile Justice a list of names of the inmates released under this section; and
(b) provide the name and address of each inmate to the local law enforcement agency for the political subdivision in which the inmate intends to reside.
(6) The department shall inform the governor when the emergency release has been completed.
(7) The board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of this section.