H.B. 125

This document includes House Committee Amendments incorporated into the bill on Thu, Jan 26, 2006 at 10:00 AM by chopkin. --> This document includes House Floor Amendments incorporated into the bill on Thu, Feb 9, 2006 at 3:19 PM by ddonat. --> 1

STATE LONG-TERM CARE FOR INMATES
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jackie Biskupski
5 Senate Sponsor: Darin G. Peterson
6
7 LONG TITLE
8 General Description:
9 This bill modifies the chapter titled "Department of Corrections -- State Prison" to
10 require the department to H. [ provide appropriate health care for terminally and chronically
11 ill patients, and to require that the department ] .H provide notice to any health care facilities
12 where these offenders may become residents.
13 Highlighted Provisions:
14 This bill:
15 . provides definitions;
16 H. [ .requires the Department of Corrections to provide for the health care needs of an
17 inmate who is chronically or terminally ill; ] .H and
18 . provides that if an inmate is given an early release, pardon, or parole due to a
19 chronic or terminal illness, and is then subsequently to be admitted as a resident of a
20 health care facility due to that illness, the department shall provide written notice to
21 the administrator of the facility prior to the offender's admission:
22 . advising of the offender's conviction and status with the department; and
23 . stating that the administrator shall provide this information to residents H. or
23a their guardians .H and staff
24 H. [ 30 ] ten .H days prior to admission of the offender H. ; and
24a . notify future residents or their guardians of current resident offenders .H .
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 ENACTS:
31 64-13-39.5, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 64-13-39.5 is enacted to read:
35 64-13-39.5. Definitions -- Health care for chronically or terminally ill -- Notice to
36 health care facility.
37 (1) As used in this section:
38 (a) "Chronically ill" has the same meaning as in Section 31A-36-102 .
39 (b) "Health care facility" H. [ has the same meaning as in Section 26-21-2 ] means an
39a assisted living facility as defined in Subsection 26-21-2(5) and a nursing care facility as defined
39b in Subsection 26-21-2 (17), except that transitional care units and other long term care beds
39c owned or operated on the premises of acute care hospitals or critical
39d care hospitals are not health care facilities for the purpose of this section .H .
40 (c) "Terminally ill" has the same meaning as in Section 31A-36-102 .
41 H. [ (2) The department shall provide appropriate health care for an inmate who is
42 chronically ill or who is terminally ill.
43 (3) ] (2) .H If an inmate is given an early release, pardon, or parole due to a chronic
43a or terminal
44 illness, and is subsequently admitted as a resident of a health care facility due to the chronic or
45 terminal illness, the department shall provide written notice to the administrator of the facility,
46 stating:
47 (a) the offense for which the offender was convicted and a description of the actual
48 offense;
49 (b) the offender's status with the department; and
50 (c) that the information provided by the department regarding the offender shall be
51 provided to employees H. [ or residents ] .H of the facility no later than H. [ 30 ] ten .H days
51a prior to the offender's
52 admission to the facility.
52a H. (3) (a) The administrator of the facility shall provide residents of the facility or
52b1 their
52b guardians notice that a convicted felon is being admitted to the facility no later than ten days
52c prior to the offender's admission to the facility.
52d (b) The administrator of the facility shall advise potential residents or their guardians
52e of persons under Subsection (2) who are current residents of the facility. .H

53 (4) The department shall provide notice under Subsection (3) H. (a) .H no later than
53a1 H. [ 45 ]
53a 15 .H days
54 prior to the offender's admission as a resident of a health care facility.
54a H. (5) The department shall make rules under Title 63, Chapter 46a, Utah
54b Administrative Rule making Act, establishing a consistent format and procedure for providing
54c notification to facilities under this section. .H

Legislative Review Note
as of 12-19-05 3:53 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel

*HB0125*