1     
JAIL DRUG TREATMENT PROGRAM

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carol Spackman Moss

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill creates a pilot program to provide treatment to incarcerated individuals who
10     are addicted to certain substances.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     creates a pilot program to administer a schedule of Naltrexone to certain individuals
15     who suffer from alcohol or opiate addiction;
16          ▸     provides that the Commission on Criminal and Juvenile Justice shall administer the
17     program; and
18          ▸     provides minimum standards with which the selected county is to comply when
19     implementing the pilot program.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          63I-2-263, as last amended by Laws of Utah 2018, Chapters 38, 95, 382, and 469
27     ENACTS:

28          63M-7-211, Utah Code Annotated 1953
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 63I-2-263 is amended to read:
32          63I-2-263. Repeal dates, Title 63A to Title 63N.
33          (1) On July 1, 2020:
34          (a) Subsection 63A-3-403(5)(a)(i) is repealed; and
35          (b) in Subsection 63A-3-403(5)(a)(ii), the language that states "appointed on or after
36     May 8, 2018," is repealed.
37          (2) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
38     repealed July 1, 2020.
39          (3) Section 63H-7a-303 is repealed on July 1, 2022.
40          (4) On July 1, 2019:
41          (a) in Subsection 63J-1-206(2)(c)(i), the language that states " Subsection(2)(c)(ii) and"
42     is repealed; and
43          (b) Subsection 63J-1-206(2)(c)(ii) is repealed.
44          (5) Section 63J-4-708 is repealed January 1, 2023.
45          (6) Section 63M-7-211, regarding the Drug Jail Treatment Program, is repealed
46     December 31, 2025.
47          [(6)] (7) Subsection 63N-3-109(2)(f)(i)(B) is repealed July 1, 2020.
48          [(7)] (8) Section 63N-3-110 is repealed July 1, 2020.
49          Section 2. Section 63M-7-211 is enacted to read:
50          63M-7-211. Jail Drug Treatment Program.
51          (1) As used in this section, "federally qualified health center" means the same as that
52     term is defined in 42 U.S.C. Sec. 1395x.
53          (2) There is created the County Jail Drug Treatment Pilot Program for the purpose of
54     providing Naltrexone treatment to assist in treating individuals who are or were recently
55     incarcerated at a county jail to overcome alcohol or opiate addiction.
56          (3) The pilot program begins on July 1, 2020, and ends on June 30, 2025.
57          (4) A county with a population of 150,000 or less is eligible to apply to participate in
58     the pilot program if:

59          (a) a federally qualified health center is located within the county;
60          (b) one or more federally qualified health centers located in the county agree to
61     participate in the pilot program in conjunction with the county; and
62          (c) the county jail within the county has access to a health professional licensed to draw
63     blood, administer prescription drugs by injection, and offer medical advice.
64          (5) To participate in the pilot program, a county shall submit a written application to
65     the Commission on Criminal and Juvenile Justice no later than April 1, 2019, that includes
66     contact information for the individuals who will oversee and implement the pilot program:
67          (a) at the county;
68          (b) at the county jail; and
69          (c) at the federally qualified health facility.
70          (6) The Commission on Criminal and Juvenile Justice shall choose one county to
71     participate in the pilot program and shall oversee that county's implementation of the pilot
72     program to ensure compliance with this section.
73          (7) An individual incarcerated at the participating county jail may elect to receive
74     Naltrexone treatment under the pilot program, if:
75          (a) the individual suffers an alcohol or opiate addiction;
76          (b) the individual is of sufficient health to receive a schedule of Naltrexone treatments,
77     as determined by a qualified health professional; and
78          (c) the individual is currently incarcerated at the participating county jail and the
79     county jail will have adequate time to screen and advise the individual, in accordance with
80     Subsection (9), before the county jail releases the individual from incarceration.
81          (8) The schedule of Naltrexone treatments shall, to the extent medically advisable,
82     consist of:
83          (a) one injection administered by a medical professional employed by the participating
84     county jail within seven days before the day on which the county jail releases the individual
85     from incarceration; and
86          (b) five additional injections, to be administered by a medical professional employed
87     by the designated federally qualified health center, on a monthly basis following the
88     individual's release from incarceration.
89          (9) Before the first injection, a medical professional employed by the participating

90     county jail shall:
91          (a) assess the individual's health to ensure the drug treatment is safe for the individual;
92     and
93          (b) fully advise the individual of all potential side effects and risks associated with the
94     drug treatment.
95          (10) (a) The participating individual shall agree to:
96          (i) attend a monthly appointment at the designated federally qualified health center to
97     receive a Naltrexone injection, for five consecutive months; and
98          (i) attend counseling as ordered by the court.
99          (b) Violation of the agreement described in Subsection (10)(a) may result in
100     disqualification from participation in the pilot project.
101          (11) If practicable, the participating county shall provide a case worker to oversee and
102     assist the individuals participating in the pilot program.