1     
CONTRACEPTION FOR INMATES

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jennifer Dailey-Provost

5     
Senate Sponsor: Luz Escamilla

6     Cosponsors:
7     Gay Lynn Bennion
8     Joel K. Briscoe
9     Sandra Hollins
10     Brian S. King
11     Karen Kwan
Rosemary T. Lesser
Ashlee Matthews
Carol Spackman Moss
Doug Owens
Stephanie Pitcher
Angela Romero
Andrew Stoddard
Elizabeth Weight
Mark A. Wheatley

12     

13     LONG TITLE
14     General Description:
15          This bill modifies provisions related to the care of prisoners.
16     Highlighted Provisions:
17          This bill:
18          ▸     requires a jail to provide a prisoner with the option of continuing certain medically
19     prescribed methods of contraception;
20          ▸     provides a sunset date; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          17-22-8, as last amended by Laws of Utah 2019, Chapter 385
29          63I-2-217, as last amended by Laws of Utah 2020, Chapters 47, 114, and 434
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 17-22-8 is amended to read:
33          17-22-8. Care of prisoners -- Funding of services -- Private contractor.
34          (1) Except as provided in Subsection [(4), the] (5), a sheriff shall:
35          (a) receive [all persons] each individual committed to jail by competent authority;
36          (b) provide [them] each prisoner with necessary food, clothing, and bedding in the
37     manner prescribed by the county legislative body; [and]
38          (c) provide each prisoner medical care when:
39          (i) the [person's] prisoner's symptoms evidence a serious disease or injury;
40          (ii) the [person's] prisoner's disease or injury is curable or may be substantially
41     alleviated; and
42          (iii) the potential for harm to the person by reason of delay or the denial of medical
43     care would be substantial[.]; and
44          (d) provide each prisoner, as part of the intake process, with the option of continuing
45     any of the following medically prescribed methods of contraception:
46          (i) an oral contraceptive;
47          (ii) an injectable contraceptive; or
48          (iii) an intrauterine device, if the prisoner was prescribed the intrauterine device
49     because the prisoner experiences serious and persistent adverse effects when using the methods
50     of contraception described in Subsections (1)(d)(i) and (ii).
51          (2) A sheriff may provide the generic form of a contraceptive described in Subsection
52     (1)(d)(i) or (ii).
53          [(2) The] (3) A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is
54     pregnant and gives birth, including the reporting requirements in Subsection 64-13-45(2)(c).
55          [(3) The] (4) (a) Except as provided in Subsection (4)(b), the expense incurred in
56     providing [these] the services required by this section to prisoners shall be paid from the county
57     treasury, except as provided in Section 17-22-10.
58          (b) The expense incurred in providing the services described in Subsection (1)(d) to
59     prisoners shall be paid by the Department of Health.
60          [(4)] (5) If the county executive contracts with a private contractor to provide the
61     services required by this section, the sheriff shall provide only those services required of [him]
62     the sheriff by the contract between the county and the private contractor.
63          Section 2. Section 63I-2-217 is amended to read:
64          63I-2-217. Repeal dates -- Title 17.
65          (1) (a) Subsections 17-22-8(1)(d) and (2) regarding contraceptives for inmates, is
66     repealed June 30, 2022.
67          (b) Subsection 17-22-8(4)(a), the language "Except as provided in Subsection (4)(b)" is
68     repealed June 30, 2022.
69          (c) Subsection 17-22-8(4)(b) regarding the Department of Health is repealed June 30,
70     2022.
71          (d) On July 1, 2022, when making the changes in this section, the Office of Legislative
72     Research and General Counsel shall in addition to its authority under Subsection 36-12-12(3):
73          (i) make corrections necessary to ensure that sections and subsections identified in this
74     section are complete sentences and accurately reflect the office's understanding of the
75     Legislature's intent; and
76          (ii) make necessary changes to subsection numbering and cross references.
77          [(1)] (2) Section 17-22-32.2, regarding restitution reporting, is repealed January 1,
78     2021.
79          [(2)] (3) Section 17-22-32.3, regarding the Jail Incarceration and Transportation Costs
80     Study Council, is repealed January 1, 2021.
81          [(3)] (4) Subsection 17-27a-102(1)(b), the language that states "or a designated
82     mountainous planning district" is repealed June 1, 2021.
83          [(4)] (5) (a) Subsection 17-27a-103(18)(b), regarding a mountainous planning district,
84     is repealed June 1, 2021.
85          (b) Subsection 17-27a-103(42), regarding a mountainous planning district, is repealed
86     June 1, 2021.
87          [(5)] (6) Subsection 17-27a-210(2)(a), the language that states "or the mountainous
88     planning district area" is repealed June 1, 2021.
89          [(6)] (7) (a) Subsection 17-27a-301(1)(b)(iii), regarding a mountainous planning
90     district, is repealed June 1, 2021.
91          (b) Subsection 17-27a-301(1)(c), regarding a mountainous planning district, is repealed
92     June 1, 2021.
93          (c) Subsection 17-27a-301(3)(a), the language that states " or (c)" is repealed June 1,
94     2021.
95          [(7)] (8) Section 17-27a-302, the language that states ", or mountainous planning
96     district" and "or the mountainous planning district," is repealed June 1, 2021.
97          [(8)] (9) Subsection 17-27a-305(1)(a), the language that states "a mountainous
98     planning district or" and ", as applicable" is repealed June 1, 2021.
99          [(9)] (10) (a) Subsection 17-27a-401(1)(b)(ii), regarding a mountainous planning
100     district, is repealed June 1, 2021.
101          (b) Subsection 17-27a-401(7), regarding a mountainous planning district, is repealed
102     June 1, 2021.
103          [(10)] (11) (a) Subsection 17-27a-403(1)(b)(ii), regarding a mountainous planning
104     district, is repealed June 1, 2021.
105          (b) Subsection 17-27a-403(1)(c)(iii), regarding a mountainous planning district, is
106     repealed June 1, 2021.
107          (c) Subsection 17-27a-403(2)(a)(iii), the language that states "or the mountainous
108     planning district" is repealed June 1, 2021.
109          (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
110     district" is repealed June 1, 2021.
111          [(11)] (12) Subsection 17-27a-502(1)(d)(i)(B), regarding a mountainous planning
112     district, is repealed June 1, 2021.
113          [(12)] (13) Subsection 17-27a-505.5(2)(a)(iii), regarding a mountainous planning
114     district, is repealed June 1, 2021.
115          [(13)] (14) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
116     mountainous planning district, the mountainous planning district" is repealed June 1, 2021.
117          [(14)] (15) Subsection 17-27a-604(1)(b)(i)(B), regarding a mountainous planning
118     district, is repealed June 1, 2021.
119          [(15)] (16) Subsection 17-27a-605(1)(a), the language that states "or mountainous
120     planning district land" is repealed June 1, 2021.
121          [(16)] (17) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed
122     June 1, 2021.
123          [(17)] (18) On June 1, 2021, when making the changes in this section, the Office of
124     Legislative Research and General Counsel shall:
125          (a) in addition to its authority under Subsection 36-12-12(3):
126          (i) make corrections necessary to ensure that sections and subsections identified in this
127     section are complete sentences and accurately reflect the office's understanding of the
128     Legislature's intent; and
129          (ii) make necessary changes to subsection numbering and cross references; and
130          (b) identify the text of the affected sections and subsections based upon the section and
131     subsection numbers used in Laws of Utah 2017, Chapter 448.
132          [(18)] (19) Subsection 17-34-1(5)(d), regarding county funding of certain municipal
133     services in a designated recreation area, is repealed June 1, 2021.
134          [(19)] (20) Title 17, Chapter 35b, Consolidation of Local Government Units, is
135     repealed January 1, 2022.
136          [(20)] (21) On June 1, 2022:
137          (a) Section 17-52a-104 is repealed;
138          (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
139     described in Subsection 17-52a-104(1)(b) or (2)(b)," is repealed; and
140          (c) Subsection 17-52a-301(3)(a)(iv), regarding the first initiated process, is repealed.
141          [(21)] (22) On January 1, 2028, Subsection 17-52a-103(3), requiring certain counties to
142     initiate a change of form of government process by July 1, 2018, is repealed.