Section 1. Section 26B-1-244 is enacted to read:26B-1-244. Private civil detention facility requirements.(1)As used in this section:(a)"Detained individual" means an individual confined in a private detention facility.(b)(i)"Detention facility" means a facility in which an individual is involuntarily confined.(ii)"Detention facility" does not include a prison, jail, or other location in which an individual is involuntarily held as a consequence of, or based on a charge of committing, a criminal offense.(c)"Private detention facility" means a detention facility that is operated:(i)by a private, nongovernmental entity; and(ii)under a contract or agreement with a federal, state, or local government entity.(2)The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish requirements for private detention facilities regarding:(a)sanitary, hygienic, and safe conditions for detained individuals;(b)inspections; and(c)enforcement of this section and the rules created under this section.(3)The rules described in Subsection (2) shall include rules to ensure that a private detention facility provides:(a)a safe, clean, and comfortable environment for a detained individual;(b)living areas, including areas used for sleeping, recreation, dining, telecommunications, visitation, and bathrooms, that are cleaned and sanitized regularly;(c)basic personal hygiene items at no cost;(d)a nutritious and balanced diet, including fresh fruits and vegetables and provisions for special dietary restrictions;(e)proper food handling and hygiene practices;(f)at least three meals per day, at no cost, and at reasonable hours;(g)an infection control program that prevents the transmission of infections and communicable disease among detained individuals, staff, and visitors;(h)ready access and equipment to accommodate detained individuals with physical and mental disabilities;(i)adequate lighting in all areas;(j)an adequate supply of hot and cold running water at all plumbing fixtures used by detained individuals;(k)a readily available telephone for detained individuals to make and receive confidential calls;(l)a nonpay telephone or equivalent communication device readily accessible on each floor occupied by a detained individual for emergency use;(m)a visiting area allowing privacy for detained individuals and visitors;(n)written policies and procedures consistent with:(i)assuring the rights of detained individuals;(ii)protecting against abuse and neglect; and(iii)reporting suspected incidents;(o)sufficient, qualified staff to:(i)provide adequate services to detained individuals;(ii)maintain the facility free of safety hazards; and(iii)implement fire, earthquake, and other disaster plans; and(p)orientation and appropriate training for all staff, including:(i)fire and disaster plans;(ii)infection control;(iii)rights of detained individuals; and(iv)protecting against abuse and neglect.(4)The department:(a)may at any time inspect a private detention facility to determine whether the private detention facility is in compliance with the requirements of this section, the rules adopted under this section, or other applicable state or federal statutes or rules regulating the private detention center; and(b)shall:(i)conduct routine, unannounced inspections of private detention facilities, including inspection of:(A)food service and food handling;(B)sanitation and hygiene; and(C)the safety of detained individuals;(ii)conduct investigations of complaints received relating to a private detention facility located within the state; and(iii)post inspection results:(A)on the department's website and in a conspicuous place viewable by detained individuals and visitors to a private detention facility; and(B)in English and, to the extent practicable, in the languages spoken by the detained individuals at the private detention facility.(5)(a)If the department conducts an inspection of a private detention facility and finds that the private detention facility is in violation of this section or a rule adopted under this section, the department may, in accordance with Title 63G, Chapter 4, Administrative Procedures Act:(i)impose reasonable conditions on the private detention facility, which may include:(A)correction within a specified amount of time;(B)training; or(C)hiring a consultant approved by the department if the private detention facility cannot demonstrate that the private detention facility has access to sufficient internal expertise; or(ii)assess a civil fine of up to $10,000 per violation, not to exceed a total fine of $1,000,000, on a private detention facility if the private detention facility:(A)has previously been subject to an enforcement action for the same or similar type of violation;(B)has been given any previous statement of deficiency that included the same or similar type of violation; or(C)has failed to correct noncompliance with a violation by a date established or agreed to by the department.(b)A private detention facility may appeal a determination under Subsection (5)(a) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.(6)This section does not apply to a private detention facility that is licensed or regulated under another provision of this title.