State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-06 > 19-6-903

19-6-903. Law enforcement reporting and records -- Removal from list.
(1) (a) When any state or local law enforcement agency in the course of its official dutiesobserves any paraphernalia of a clandestine drug laboratory operation, including chemicals orequipment used in the manufacture of unlawful drugs, the agency shall report the location wherethe items were observed to the local health department.
(b) (i) The law enforcement officer shall make the report under Subsection (1)(a) at thelocation where the observation occurred, if making the report at that time will not compromise anongoing investigation.
(ii) If the report cannot be made at the location, the report shall be made as soonafterward as is practical.
(c) The report under Subsection (1)(a) shall include:
(i) the date of the observation;
(ii) the name of the reporting agency and the case number of the case that involves thelocation of the observation;
(iii) the contact information of the officer involved, including name and telephonenumber;
(iv) the address of the location and descriptions of the property that may becontaminated; and
(v) a brief description of the evidence at the location that led to the belief the property atthe location may be contaminated.
(2) The law enforcement agency shall forward to the local health department copies ofthe reports made under Subsection (1).
(3) (a) Upon receipt of a complaint or a report from law enforcement regarding possiblycontaminated property, the local health officer or his designee shall determine if reasonableevidence exists that the property is contaminated.
(b) The local health department shall place property considered to be contaminated on acontamination list.
(4) The local health departments shall maintain searchable records of the properties ontheir contamination lists and shall:
(a) make the records reasonably available to the public;
(b) provide written notification to persons requesting access to the records that therecords are only advisory in determining if specific property has been contaminated byclandestine drug lab activity; and
(c) remove the contaminated property from the list when the following conditions havebeen met:
(i) the local health department has monitored the decontamination process and, afterdocumenting that the test results meet decontamination standards, has authorized the removal ofor purging of the contamination information from the department's records; or
(ii) a certified decontamination specialist submits a report to the local health departmentstating that the property is decontaminated.

Enacted by Chapter 249, 2004 General Session