H.B. 102 Contraception for Inmates
Bill Sponsor: ![]() Rep. Dailey-Provost, Jennifer | Floor Sponsor: ![]() Sen. Escamilla, Luz |
- Substitute Sponsor: Sen. Escamilla, Luz
- CoSponsor(s):
Bennion, G. Briscoe, J. Hollins, S. King, Brian S. Kwan, K. Lesser, R. Matthews, A. Moss, C. Owens, D. Pitcher, S. Romero, A. Stoddard, A. Weight, E. Wheatley, M.
- Drafting Attorney: Esther D. Chelsea-McCarty
- Fiscal Analyst: Sean C. Faherty
- Bill Tracking
- Bill Text
- Introduced
- Enrolled
(Currently Displayed)
- Introduced
- Other Versions
- Related Documents
- Information
- Last Action: 16 Mar 2021, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 5 May 2021
- Session Law Chapter: 108
Enrolled
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H.B. 102
1 CONTRACEPTION FOR INMATES
22021 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Jennifer Dailey-Provost
5Senate 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.
2
3
4
5
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 [
35 (a) receive [
36 (b) provide [
37 manner prescribed by the county legislative body; [
38 (c) provide each prisoner medical care when:
39 (i) the [
40 (ii) the [
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[
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 [
54 pregnant and gives birth, including the reporting requirements in Subsection 64-13-45(2)(c).
55 [
56 providing [
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 [
61 services required by this section, the sheriff shall provide only those services required of [
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 [
78 2021.
79 [
80 Study Council, is repealed January 1, 2021.
81 [
82 mountainous planning district" is repealed June 1, 2021.
83 [
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 [
88 planning district area" is repealed June 1, 2021.
89 [
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 [
96 district" and "or the mountainous planning district," is repealed June 1, 2021.
97 [
98 planning district or" and ", as applicable" is repealed June 1, 2021.
99 [
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 [
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 [
112 district, is repealed June 1, 2021.
113 [
114 district, is repealed June 1, 2021.
115 [
116 mountainous planning district, the mountainous planning district" is repealed June 1, 2021.
117 [
118 district, is repealed June 1, 2021.
119 [
120 planning district land" is repealed June 1, 2021.
121 [
122 June 1, 2021.
123 [
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 [
133 services in a designated recreation area, is repealed June 1, 2021.
134 [
135 repealed January 1, 2022.
136 [
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 [
142 initiate a change of form of government process by July 1, 2018, is repealed.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
1/6/2021 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
1/6/2021 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
1/13/2021 | House/ received bill from Legislative Research | Clerk of the House | |
1/19/2021 | House/ 1st reading (Introduced) | House Rules Committee | |
1/20/2021 | House/ received fiscal note from Fiscal Analyst | House Rules Committee | |
1/21/2021 | House/ to standing committee | House Health and Human Services Committee | |
1/26/2021 | House Comm - Favorable Recommendation | House Health and Human Services Committee | 9 3 1 |
1/27/2021 (11:09:28 AM) | House/ committee report favorable | House Health and Human Services Committee | |
1/27/2021 (11:09:29 AM) | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
2/2/2021 (2:05:14 PM) | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
2/2/2021 (2:40:54 PM) | House/ passed 3rd reading | Senate Secretary | 53 19 3 |
2/2/2021 (2:40:56 PM) | House/ to Senate | Senate Secretary | |
2/3/2021 | Senate/ received from House | Waiting for Introduction in the Senate | |
2/3/2021 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
2/4/2021 | Senate/ to standing committee | Senate Health and Human Services Committee | |
2/5/2021 | Senate Comm - Favorable Recommendation | Senate Health and Human Services Committee | 4 2 2 |
2/8/2021 (11:14:35 AM) | Senate/ committee report favorable | Senate Health and Human Services Committee | |
2/8/2021 (11:14:36 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
2/11/2021 (11:18:51 AM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
2/11/2021 (11:22:02 AM) | Senate/ floor amendment # 1 | Senate 2nd Reading Calendar | Voice vote |
2/11/2021 (11:24:24 AM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 27 1 1 |
2/11/2021 (11:24:51 AM) | Senate/ placed on 3rd Reading Calendar table | Senate 3rd Reading Calendar Table | |
3/3/2021 | Senate/ placed back on 3rd Reading Calendar | Senate 3rd Reading Calendar | |
3/3/2021 (4:24:32 PM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
3/3/2021 (4:25:07 PM) | Senate/ circled | Senate 3rd Reading Calendar | Voice vote |
3/4/2021 | LFA/ fiscal note sent to sponsor | Senate 3rd Reading Calendar | |
3/4/2021 | House/ to Printing with fiscal note | Senate 3rd Reading Calendar | |
3/4/2021 (11:57:18 AM) | Senate/ uncircled | Senate 3rd Reading Calendar | Voice vote |
3/4/2021 (11:58:13 AM) | Senate/ substituted from # 0 to # 1 | Senate 3rd Reading Calendar | Voice vote |
3/4/2021 (12:00:14 PM) | Senate/ passed 3rd reading | Clerk of the House | 24 1 4 |
3/4/2021 (12:00:15 PM) | Senate/ to House with amendments | Clerk of the House | |
3/4/2021 (3:08:33 PM) | House/ received from Senate | Clerk of the House | |
3/4/2021 (3:08:34 PM) | House/ placed on Concurrence Calendar | House Concurrence Calendar | |
3/4/2021 (3:13:38 PM) | House/ concurs with Senate amendment | Senate President | 52 20 3 |
3/4/2021 (3:13:39 PM) | House/ to Senate | Senate President | |
3/4/2021 | Senate/ received from House | Senate President | |
3/4/2021 | Senate/ signed by President/ returned to House | House Speaker | |
3/4/2021 | Senate/ to House | House Speaker | |
3/4/2021 | House/ received from Senate | House Speaker | |
3/4/2021 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
3/9/2021 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
3/9/2021 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/12/2021 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
3/12/2021 | House/ enrolled bill to Printing | Clerk of the House | |
3/15/2021 | House/ received enrolled bill from Printing | Clerk of the House | |
3/15/2021 | House/ to Governor | Executive Branch - Governor | |
3/16/2021 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings
- Floor Debates
- House Floor Audio, Day 15 (2/2/2021) [HB102 Contraception for Inmates, Dailey-Provost]
- Senate Floor Audio, Day 24 (2/11/2021) [HB102 Contraception for Inmates, Escamilla]
- Senate Floor Audio, Day 43 (3/3/2021) [HB102 Contraception for Inmates, Escamilla]
- Senate Floor Audio, Day 44 (3/4/2021) [HB102 Contraception for Inmates, Escamilla]
- Senate Floor Audio, Day 44 (3/4/2021) [1HB102 Contraception for Inmates, Escamilla]
- House Floor Audio, Day 44 (3/4/2021) [1HB102 Contraception for Inmates, Dailey-Provost]