UDC

GRAMA Classified
STATE OF UTAH Public
DEPARTMENT OF CORRECTIONS
DIVISION OF PRISON OPERATIONSIVISION MANUAL

Volume: Facilities Operation: Service and Program Delivery

Chapter: FH26 LAST CHANCE PROGRAM

Date Effective: 10-14-2005 Date Reviewed: 4-20-2018 Pages: 16

Authorized By:

Executive Director, Department of Corrections

FH26/01.00 GENERAL PROVISIONS

FH26/01.01 Purpose of Chapter

FH26/01.02 Cross Reference
FH26/01.03 Policy
FH26/01.04 Rationale
FH26/01.05 Definitions

FH26/02.00 LAST CHANCE PROGRAM

FH26/02.01 Procedure: Last Chance Program Objectives

FH26/02.02 Procedure: Last Chance Program Eligibility
FH26/02.03 Procedure: Screening and Approval Process
FH26/02.04 Procedure: Program Denials
FH26/02.05 Procedure: Personal Growth and Social Functioning
FH26/02.06 Procedure: Educational Development
FH26/02.07 Procedure: Public Service
FH26/02.08 Procedure: Program Participation
FH26/02.09 Procedure: Execution
FH26/02.10 Procedure: Last Chance Program Operational
Procedures
FH26/02.11 Procedure: Program Monitoring
FH26/02.12 Procedure: Last Chance Offender Management Reviews
FH26/02.13 Procedure: Last Chance Program Documentation
FH26/02.14 Procedure: Program Participant Removals
FH26/02.15 Procedure: Last Chance Program Termination

FH26/03.00 LAST CHANCE PROGRAM SECURITY

FH26/03.01 Procedure: Last Chance Program Security Protocol

FH26/03.02 Procedure: Inmate Housing

FH26/04.00 PRIVILEGE LEVEL MATRIX

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FH26/01.00 GENERAL PROVISIONS
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FH26/01.01 Purpose of Chapter

A. The purpose of this chapter is to provide the

Division of Prison Operation’s policy, procedure,
rationale, guidelines, and other requirements for
the Last Chance Program.

B. This chapter is intended to serve as a guide to

members of the Department, volunteers, contract
employees, and appropriate others.

C. This chapter is not intended to cover every

situation that may arise in the discharge of
duties. There will be many situations that will
require the use of judgment and discretion.

D. This chapter is not designed or intended to confer

due process rights on offenders, revoke official
discretion, or limit management flexibility.

FH26/01.02 Cross Reference

AG01 Exposure Control Plan

AG13 Reporting
FC04 Inmate Classification
FD04 Visiting Procedures
FD05 Inmate Communications: Telephone
FD06 Legal Access
FD09 Culinary Services
FD20 Privilege Level System
FD25 Intensive Management/Suicide Prevention/
Strip Cell
FE01 Incident Management System
FD06 Offender Management Review
FG26 Use of Force

FH26/01.03 Policy

It is the policy of the Division of Prison Operations

to develop and manage a program for selected inmates
committed to the Utah State Prison under the sentence
of death.

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FH26/01.04 Rationale
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The Utah Department of Corrections Inmate
Classification policy does not allow inmates sentenced
to death to advance beyond a classification Level One,
maximum security. The Last Chance Program will provide
participating inmates with the opportunity to earn
increased privileges based upon the inmate’s positive
behavior.

FH26/01.05 Definitions

Last Chance a program allowing Level One inmates

Program (LCP) sentenced to death to earn increased
privileges based on the inmate’s
positive behavior; may also be
referenced as the Last Chance Program

Offender an offender review that supports

Management the department's mission by assisting
Review (OMR) the offenders in the attainment of
success through promoting educational,
programming, treatment, training,
employment goals and transition parole
planning opportunities. The review
board is usually comprised of the Unit
Manager/designee, Case Manager/CHS, and
at least one other member.

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FH26/02.00 LAST CHANCE PROGRAM
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FH26/02.01 Procedure: Last Chance Program Objectives

A. To establish a meaningful improvement in personal

growth and social functioning.

B. To work and live together with other program

participants with common goals and understandings.

C. To provide opportunities for public service.

D. To provide some meaningful programming to

demonstrate positive behavior.

FH26/02.02 Procedure: Last Chance Program Eligibility

An inmate sentenced to death may be eligible to

participate in the Last Chance program following:

A. a sufficient time for staff to evaluate the

inmate’s behavior;

B. an interview and approval by the housing facility

OMR committee;

C. a commitment by the inmate to agree and

participate in all aspects of the program; and

D. a demonstration of program commitment through

monitored behavior, program involvement and peer
support.

FH26/02.03 Procedure: Screening and Approval Process

A. The screening and approval process shall include,

but not be limited to, the following:

1. the inmate is committed to the UDC under the

sentence of death;

2. the inmate is willing to commit to program

participation to include:

a. volunteer and/or assigned work details;

b. participation in educational and

therapeutic programming;

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c. controlling their day-to-day behavior in
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a manner that does not pose a threat to
security, safety, or the management of
DPO or the LCP facility;

3. the ability of the inmate to assist other

Last Chance program participants with
personal problems and emotional, social and
behavioral challenges associated with long-
term incarceration and/or the sentence of
death;

4. the LCP OMR committee’s recommendation to the

Deputy Warden/designee for acceptance into
the Last Chance program.

B. Participating in this program is voluntary. By

voluntarily participating in the Last Chance
program the inmate must understand and agree to
the following. Participation in this program:

1. is not a right, but a privilege that may be

granted, suspended, or terminated at any
time;

2. is contingent upon the inmate’s compliance

with DPO policies, regulations, unit rules,
written and verbal instructions and good
behavior; and

3. may result in shared recreation time with

other inmates with no barriers or restraints
to prevent physical contact;

C. participants have no procedural rights associated

with acceptance, denial or removal from the Last
Chance program;

D. the Last Chance program does not confer any

contractual, due process, or other legal rights
upon a program participant; and

E. this program places no additional legal

responsibilities upon DPO with respects to
maintaining the constitutional conditions of
confinement other than those regularly required
under the laws of the United States and the State
of Utah.

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FH26/02.04 Procedure: Program Denials
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Program denial for the Last Chance program may be based
on the following reasons:

A. the inmate has been convicted of a crime committed

while incarcerated and/or committed disciplinary
infraction(s) that demonstrates a behavior that
may place other program members or staff at risk;

B. the inmate has an institutional history to

include:

1. combative or aggressive behavior;

2. verbal abuse to staff, visitors or other

inmates;

3. threatening behavior or threats of violence;

and/or

4. other behavior that threatens the security,

safety, or management of DPO and/or the
housing facility;

C. the inmate may be disruptive to the program or may

not be willing or able to maintain the required
behavior standards, and/or program requirements;
and

D. any other reasons that the LCP OMR committee,

Deputy Warden, and/or the Warden feel is
compelling.

FH26/02.05 Procedure: Personal Growth and Social Functioning

A. Participants in the Last Chance program may be

allowed the privilege to interact with other
participants on a daily basis.

B. Participants will be allowed to recreate together

during a designated time frame. The participant’s
out-of-cell time will be dictated by the
participant’s Out-of-cell/Lockdown Level.

1. The inmate’s out-of-cell time with other

inmates will allow for increased interaction
and social functioning.

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2. The inmate’s out-of-cell time may be modified
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by the LCP OMR committee at any time, through
the Classification Level One Privilege Level
Matrix.

FH26/02.06 Procedure: Educational Development

Program participants may have access to academic and/or

technical skills/education to increase their knowledge.

A. Participants may request available study courses

or participate in correspondence courses through
universities and colleges with approval from the
LCP OMR committee.

B. It is the program participant’s responsibility to

establish correspondence with a university or
college.

C. Participants will correlate their correspondence

with the LCP Programming Sergeant for verification
and monthly program reports.

D. Participants may request life skills education to

improve functioning and communication skills. The
Life Skills Program may be provided to
participants by the LCP Programming Sergeant.

FH26/02.07 Procedure: Public Service

Program participants may be required to perform

services to the public in the form of service hours
and/or restitution payments.

A. A percentage of the program participant’s income

from meaningful employment may be generated for
restitution and/or victim reparations.

B. Program participants may be required to complete

up to twenty hours of public service per quarter.
Public service may include:

1. speaking to or providing video or written

counsel to youth groups;

2. group or individual work projects; and/or

3. individual talents for use by the community

or other agencies.

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Operational procedures for inmates in the Last Chance
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program should be governed by standard limits that may
be increased or decreased at the discretion of the
Deputy Warden/designee based upon the safety, security,
management and control of the unit/facility.

A. Audio/Visual/Electrical Devices

Participants may rent a state-issued television

and may have in their possession three other
electrical devices, depending on the participant’s
Privilege/Activity Level. Combination devices
count as one device.

B. Cleaning

Participants are expected to keep their cells and

common areas in a clean, neat and orderly fashion.

C. Commissary

Inmates may be allowed to purchase level three

modified commissary items as dictated by the
Classification LCP Level One Privilege Level
Matrix (see Matrix), Last Chance Program
Commissary Price List, and written unit
directives. (Authorized commissary items may be
modified at any time.)

D. Employment

Each participant may be given the opportunity for

employment and to receive monthly work reports.
The Unit Manager/designee may create work details
and/or work assignments available for each
participant.

E. Housing

All inmates in the Last Chance program shall be

housed in single cells.

F. Laundry Service

Laundry service should be offered weekly for

jumpsuits, sheets, pillowcase, socks, and
underwear. Blankets should be direct exchange
once per month; exceptions shall be on a
contract/medical or special need basis.

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G. Library Service
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Participants may be allowed access to library
books. An exchange of library books may occur
during the participant’s out-of-cell time.

H. Mail

1. Inmates in the Last Chance program should

have the same mail privileges as Level Two
inmates.

2. Inmates should deposit their outgoing mail

into the section mailbox.

I. Programming

Programming may be required. Participants may

request additional or individual programming
through the LCP OMR committee. All programming
requires approval from the LCP OMR committee.

J. Property

Inmates in the Last Chance program may be allowed

to possess property items as outlined for Level
Three inmates (see Inmate Property Matrix in the
inmate property policy, Unit directives may
apply).

K. Recreation

1. The Last Chance program allows inmates with

the sentence of death to share with other
inmates with a sentence of death
recreation/out-of-cell time and other group
activities when possible.

a. Participation in this program may result

in shared recreation time with other
inmates with no barriers or restraints
to prevent physical contact.

b. Participants are responsible to identify

(prior to and during participation in
this program) all inmates they have
safety concerns with or reasons joint
recreation with another inmate would be
inadvisable.

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c. Participants are responsible for
informing LCP officers of new or
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emerging safety and security concerns.

d. LCP staff has the sole discretion in

determining the inmates that are
assigned to share recreation time.

2. Inmates should be allowed out-of-cell time as

outlined by the inmate’s Out-of-Cell/Lockdown
Level and shall be scheduled by staff.

3. Out-of-Cell time may be suspended or

shortened due to institutional emergencies,
disciplinary restriction, TRO, or other
compelling DPO interests.

L. Religious Access

Inmates may receive visits from chaplains, but may

be required to remain in their cells during
visits.

M. Showers

Inmates should be allowed the opportunity to

shower three times per week and will count towards
the inmate’s out-of-cell recreation time.

N. Telephones

1. Inmates in the Last Chance program should be

allowed the opportunity for unlimited
personal phone calls during their recreation
time unless otherwise restricted.

2. Phone privileges may be suspended for any

inmate who abuses the privilege or who
damages phone equipment.

O. Visiting

1. Inmates may be allowed barrier visits

consistent with the requirements outlined in
Inmate Privilege Level; Inmate Visiting and
Legal Access policies.

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2. Program participants with Privilege/ Activity
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Level “w” are allowed one two-hour visit
(with an approved visitor) during the LCP
scheduled visiting time.

3. Inmates should be cuffed using a waist chain

with side restraints and leg restraints while
being escorted to and from the visiting
booth.

P. Abuse of Privileges

1. The above listed property, privileges, and

activities may be restricted further to any
inmate who is found guilty of any abusive or
destructive act.

2. LCP OMR committee over the inmates in the LCP

should review, approve and document all
reductions of privileges.

Q. Daily routine activities should be logged in the

LCP facility’s Daily Log.

R. An inmate’s decision not to take the opportunity

to engage in a daily routine activity should be
documented in the LCP facility’s Daily Log.

FH26/02.11 Procedure: Program Monitoring

A. Program participants should conduct themselves and

manage the program in a manner that will reduce
staff’s time and needed staff intervention for
negative activity or action.

B. Satisfactory improvement and program participation

will be determined by staff observation and other
participant’s input.

C. Criteria for measuring program performance is, but

not limited to, the following:

1. communication with other program

participants;

2. staff input;

3. participant conduct;

4. disciplinary reports, C-Notes;

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5. participation in the program;
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6. compliance with OMR sanctions and
recommendations; and

7. monthly work/programming/progress reports.

FH26/02.12 Procedure: Last Chance Offender Management Reviews

Outdated
section Inmates in the Last Chance Program may advance to
(02.12) Privilege level “Ow5”.

FH26/02.13 Procedure: Program Participant Removals

A. Inmates who are accepted into the Last Chance

program may be removed by the LCP OMR committee
for the following reasons:

1. verbal confrontations or abusive language;

2. disruptive or combative behavior;

3. destruction of personal or state property;

4. the planning, assisting, or attempting to

compromise the security, safety, or
management of the unit or facility;

5. the making or consumption of alcoholic

beverages or intoxicants;

6. the possession or use of narcotics,

paraphernalia or any unauthorized substance
or material;

7. possession of a weapon or any other dangerous

contraband;

8. violating any conditions contained in the

Last Chance program expectations; and/or

9. any other behavior that threatens the

security, safety, management or DPO or the
facility.

B. Inmates removed from the Last Chance Program may

request reinstatement into the program once a
year, beginning one year from the removal date.

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FH26/02.14 Procedure: Last Chance Program Termination
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The Last Chance program may be modified or terminated
at any time to ensure the safety and/or security of the
housing facility or DPO.

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