Senator Luz Escamilla proposes the following substitute bill:


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
Karen Kwan
Rosemary T. Lesser
Ashlee Matthews
Carol Spackman Moss
Doug Owens
Stephanie Pitcher
Angela Romero
Andrew Stoddard
Elizabeth Weight
Mark A. Wheatley
11     

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

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