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CONTRACEPTION FOR INMATES

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2020 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Jennifer Dailey-Provost

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Senate Sponsor: Luz Escamilla

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7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the care of prisoners.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires a jail to provide a prisoner with the option of continuing certain medically
13     prescribed methods of contraception; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          17-22-8, as last amended by Laws of Utah 2019, Chapter 385
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23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 17-22-8 is amended to read:
25          17-22-8. Care of prisoners -- Funding of services -- Private contractor.
26          (1) Except as provided in Subsection [(4), the] (5), a sheriff shall:
27          (a) receive [all persons] each individual committed to jail by competent authority;
28          (b) provide [them] each prisoner with necessary food, clothing, and bedding in the
29     manner prescribed by the county legislative body; [and]
30          (c) provide each prisoner medical care when:
31          (i) the [person's] prisoner's symptoms evidence a serious disease or injury;
32          (ii) the [person's] prisoner's disease or injury is curable or may be substantially
33     alleviated; and
34          [(iii) the potential for harm to the person by reason of delay or the denial of medical
35     care would be substantial.]
36          (iii) delay or denial of medical care is likely to cause physical or psychological harm to
37     the prisoner; and
38          (d) provide each prisoner, as part of the intake process, with the option of continuing
39     any the following medically prescribed methods of contraception:
40          (i) an oral contraceptive;
41          (ii) an injectable contraceptive; or
42          (iii) an intrauterine device, if the prisoner was prescribed the intrauterine device
43     because the prisoner experiences serious and persistent adverse effects when using the methods
44     of contraception described in Subsections (1)(d)(i) and (ii).
45          (2) A sheriff may provide the generic form of a contraceptive described in Subsection
46     (1)(d)(i) or (ii).
47          [(2) The] (3) A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is
48     pregnant and gives birth, including the reporting requirements in Subsection 64-13-45(2)(c).
49          [(3) The] (4) (a) Except as provided in Subsection (4)(b), the expense incurred in
50     providing [these] the services required by this section to prisoners shall be paid from the county
51     treasury, except as provided in Section 17-22-10.
52          (b) The expense incurred in providing the services described in Subsection (1)(d) to
53     prisoners shall be paid by the Department of Health.
54          [(4)] (5) If the county executive contracts with a private contractor to provide the
55     services required by this section, the sheriff shall provide only those services required of [him]
56     the sheriff by the contract between the county and the private contractor.