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7 LONG TITLE
8 General Description:
9 This bill relates to in-custody deaths and alcohol and substance use treatment policies in
10 county jails and the Department of Corrections.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires the Department of Corrections and county jails to report to the Commission
14 on Criminal and Juvenile Justice regarding:
15 • in-custody inmate deaths;
16 • treatment policies for inmates with a substance or alcohol addiction; and
17 • medications dispensed to an inmate during incarceration;
18 ▸ requires the Utah Substance Use and Mental Health Advisory Council to convene a
19 workgroup to study alcohol and substance use withdrawal in county jails; and
20 ▸ requires the Commission on Criminal and Juvenile Justice and the Utah Substance
21 Use and Mental Health Advisory Council to report to the Law Enforcement and
22 Criminal Justice Interim Committee.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill provides a repeal date.
27 Utah Code Sections Affected:
28 ENACTS:
29 17-22-32, Utah Code Annotated 1953
30 64-13-45, Utah Code Annotated 1953
31 Uncodified Material Affected:
32 ENACTS UNCODIFIED MATERIAL
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34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 17-22-32 is enacted to read:
36 17-22-32. County jail reporting requirements.
37 (1) As used in this section:
38 (a) (i) "In-custody death" means an inmate death that occurs while the inmate is in the
39 custody of a county jail.
40 (ii) "In-custody death" includes an inmate death that occurs while the inmate is:
41 (A) being transported for medical care; or
42 (B) receiving medical care outside of a county jail.
43 (b) "Inmate" means an individual who is processed or booked into custody or housed in
44 a county jail in the state.
45 (c) "Opiate" means the same as that term is defined in Section 58-37-2.
46 (2) So that the state may oversee the inmate health care system, a county jail shall
47 submit a report to the Commission on Criminal and Juvenile Justice, created in Section
48 63M-7-201, before August 1 of each year that includes:
49 (a) the number of in-custody deaths that occurred during the preceding calendar year;
50 (b) the known, or discoverable on reasonable inquiry, causes and contributing factors
51 of each of the in-custody deaths described in Subsection (2)(a);
52 (c) the county jail's policy for notifying an inmate's next of kin after the inmate's
53 in-custody death;
54 (d) the county jail policies, procedures, and protocols:
55 (i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,
56 including use of opiates; and
57 (ii) relating to the county jail's provision, or lack of provision, of medications used to
58 treat, mitigate, or address an inmate's symptoms of withdrawal, including methadone and all
59 forms of buprenorphine and naltrexone; and
60 (e) any report the county jail provides or is required to provide under federal law or
61 regulation relating to inmate deaths.
62 (3) The Commission on Criminal and Juvenile Justice shall:
63 (a) compile the information from the reports described in Subsection (2);
64 (b) omit or redact any identifying information of an inmate in the compilation to the
65 extent omission or redaction is necessary to comply with state and federal law ; and
66 (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
67 Committee before November 1 of each year.
68 Section 2. Section 64-13-45 is enacted to read:
69 64-13-45. Department reporting requirements.
70 (1) As used in this section:
71 (a) (i) "In-custody death" means an inmate death that occurs while the inmate is in the
72 custody of the department.
73 (ii) "In-custody death" includes an inmate death that occurs while the inmate is:
74 (A) being transported for medical care; or
75 (B) receiving medical care outside of a correctional facility, other than a county jail.
76 (b) "Inmate" means an individual who is processed or booked into custody or housed in
77 the department or a correctional facility other than a county jail.
78 (c) "Opiate" means the same as that term is defined in Section 58-37-2.
79 (2) So that the state may oversee the inmate health care system, the department shall
80 submit a report to the Commission on Criminal and Juvenile Justice, created in Section
81 63M-7-201, before August 1 of each year that includes:
82 (a) the number of in-custody deaths that occurred during the preceding calendar year;
83 (b) the known, or discoverable on reasonable inquiry, causes and contributing factors
84 of each of the in-custody deaths described in Subsection (2)(a);
85 (c) the department's policy for notifying an inmate's next of kin after the inmate's
86 in-custody death;
87 (d) the department policies, procedures, and protocols:
88 (i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,
89 including use of opiates; and
90 (ii) relating to the department's provision, or lack of provision, of medications used to
91 treat, mitigate, or address an inmate's symptoms of withdrawal, including methadone and all
92 forms of buprenorphine and naltrexone; and
93 (e) any report the department provides or is required to provide under federal law or
94 regulation relating to inmate deaths.
95 (3) The Commission on Criminal and Juvenile Justice shall:
96 (a) compile the information from the reports described in Subsection (2);
97 (b) omit or redact any identifying information of an inmate in the compilation to the
98 extent omission or redaction is necessary to comply with state and federal law ; and
99 (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
100 Committee before November 1 of each year.
101 Section 3. Substance use in county jails study -- Creation -- Membership -- Duties.
102 (1) The Utah Substance Use and Mental Health Advisory Council shall convene a
103 workgroup to study substance use treatment in county jails.
104 (2) The workgroup shall consist of individuals representing:
105 (a) the Division of Substance Abuse and Mental Health within the Department of
106 Human Services;
107 (b) the Utah Sheriffs' Association;
108 (c) the Statewide Association of Prosecutors of Utah;
109 (d) the Utah Association of Counties;
110 (e) a district attorney or a county attorney actively engaged in the practice of civil or
111 constitutional law from:
112 (i) a county of the first class described in Section 17-50-501; and
113 (ii) one county of the second, third, fourth, fifth, or sixth class described in Section
114 17-50-501;
115 (f) the Department of Health;
116 (g) the Utah Association of Criminal Defense Lawyers;
117 (h) substance abuse treatment providers in Utah; and
118 (i) other stakeholders, as determined by the council.
119 (3) The workgroup shall identify:
120 (a) the number of deaths in county jails in the state after December 31, 2012, and
121 before January 1, 2017;
122 (b) treatment and other resources available to an offender suffering from alcohol or
123 substance use withdrawal in a county jail in the state; and
124 (c) other issues regarding substance use disorder related treatment in county jails in the
125 state.
126 (4) The council shall present a report of the workgroup's findings, including any
127 recommendations for legislation, to the Law Enforcement and Criminal Justice Interim
128 Committee before November 30, 2018.
129 Section 4. Repeal date.
130 Uncodified Section 3, Substance Use in County Jails Study, is repealed November 30,
131 2018.