1     
STATEWIDE JAIL DATA AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Paul Ray

6     

7     LONG TITLE
8     General Description:
9          This bill modifies reporting requirements for county jails.
10     Highlighted Provisions:
11          This bill:
12          ▸     adds certain data reporting requirements related to inmate population to current
13     county jail reporting requirements.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          This bill provides a coordination clause.
18     Utah Code Sections Affected:
19     AMENDS:
20          17-22-32, as last amended by Laws of Utah 2019, Chapter 311
21     Utah Code Sections Affected by Coordination Clause:
22          17-22-32.4, Utah Code Annotated 1953
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 17-22-32 is amended to read:
26          17-22-32. County jail reporting requirements.
27          (1) As used in this section:
28          (a) "Commission" means the Commission on Criminal and Juvenile Justice created in
29     Section 63M-7-201.
30          [(a)] (b) (i) "In-custody death" means an inmate death that occurs while the inmate is in
31     the custody of a county jail.
32          (ii) "In-custody death" includes an inmate death that occurs while the inmate is:
33          (A) being transported for medical care; or
34          (B) receiving medical care outside of a county jail.
35          [(b)] (c) "Inmate" means an individual who is processed or booked into custody or
36     housed in a county jail in the state.
37          [(c)] (d) "Opiate" means the same as that term is defined in Section 58-37-2.
38          (2) [A] Each county jail shall submit a report to the [Commission on Criminal and
39     Juvenile Justice, created in Section 63M-7-201,] commission before June 15 of each year that
40     includes[:], for the preceding calendar year if reasonably available:
41          (a) the average daily inmate population each month;
42          (b) the number of inmates in the county jail on the last day of each month who identify
43     as each race or ethnicity included in the Standards for Transmitting Race and Ethnicity
44     published by the Untied States Federal Bureau of Investigation;
45          (c) the number of inmates booked into the county jail;
46          (d) the number of inmates held in the county jail each month on behalf of each of the
47     following entities:
48          (i) the Bureau of Indian Affairs;
49          (ii) a state prison;
50          (iii) a federal prison;
51          (iv) the United States Immigration and Customs Enforcement;
52          (v) any other entity with which a county jail has entered a contract to house inmates on
53     the entity's behalf;
54          (e) the number of inmates that are denied pretrial release and held in the custody of the
55     county jail while the inmate awaited final disposition of the inmate's criminal charges;
56          (f) for each inmate booked into the county jail:
57          (i) the name of the agency that arrested the inmate;
58          (ii) the date and time the inmate was booked into and released from the custody of the
59     county jail;
60          (iii) if the inmate was released from the custody of the county jail, the reason the
61     inmate was released from the custody of the county jail;
62          (iv) if the inmate was released from the custody of the county jail on a financial
63     condition, whether the financial condition was set by a bail commissioner or a court;
64          (v) the number of days the inmate was held in the custody of the county jail before
65     disposition of the inmate's criminal charges;
66          (vi) whether the inmate was released from the custody of the county jail before final
67     disposition of the inmate's criminal charges; and
68          (vii) the state identification number of the inmate;
69          [(a)] (g) the number of in-custody deaths that occurred [during the preceding calendar
70     year] at the county jail;
71          [(b)] (h) the known, or discoverable on reasonable inquiry, causes and contributing
72     factors of each of the in-custody deaths described in Subsection (2)[(a)](g);
73          [(c)] (i) the county jail's policy for notifying an inmate's next of kin after the inmate's
74     in-custody death;
75          [(d)] (j) the county jail policies, procedures, and protocols:
76          (i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,
77     including use of opiates;
78          (ii) that relate to the county jail's provision, or lack of provision, of medications used to
79     treat, mitigate, or address an inmate's symptoms of withdrawal, including methadone and all
80     forms of buprenorphine and naltrexone; and
81          (iii) that relate to screening, assessment, and treatment of an inmate for a substance use
82     or mental health disorder; and
83          [(e)] (k) any report the county jail provides or is required to provide under federal law
84     or regulation relating to inmate deaths.
85          (3) (a) Subsection (2) does not apply to a county jail if the county jail:
86          (i) collects and stores the data described in Subsection (2); and
87          (ii) enters into a memorandum of understanding with the commission that allows the
88     commission to access the data described in Subsection (2).
89          (b) The memorandum of understanding described in Subsection (3)(a)(ii) shall include
90     a provision to protect any information related to an ongoing investigation and comply with all
91     applicable federal and state laws.
92          (c) If the commission accesses data from a county jail in accordance with Subsection
93     (3)(a), the commission may not release a report prepared from that data, unless:
94          (i) the commission provides the report for review to:
95          (A) the county jail; and
96          (B) any arresting agency that is named in the report; and
97          (ii) (A) the county jail approves the report for release;
98          (B) the county jail reviews the report and prepares a response to the report to be
99     published with the report; or
100          (C) the county jail fails to provide a response to the report within four weeks after the
101     day on which the commission provides the report to the county jail.
102          [(3)] (4) The [Commission on Criminal and Juvenile Justice] commission shall:
103          (a) compile the information from the reports described in Subsection (2);
104          (b) omit or redact any identifying information of an inmate in the compilation to the
105     extent omission or redaction is necessary to comply with state and federal law ; and
106          (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
107     Committee and the Utah Substance Use and Mental Health Advisory Council before November
108     1 of each year.
109          [(4)] (5) The Commission on Criminal and Juvenile Justice may not provide access to
110     or use a county jail's policies, procedures, or protocols submitted under this section in a manner
111     or for a purpose not described in this section.
112          Section 2. Coordinating S.B. 193 with H.B. 288 -- Substantive amendments.
113          If S.B. 193 and H.B. 288, Prosecutor Data Collection Amendments, both pass and
114     become law, it is the intent of the Legislature that Section 17-22-32.4 enacted in H.B. 288 not
115     take effect.