1     
MEDICATION FOR INMATES

2     
2022 GENERAL SESSION

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STATE OF UTAH

4     
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 removes the repeal date for provisions regarding providing inmates with
10     contraceptives and expands the types of contraceptives that may be provided.
11     Highlighted Provisions:
12          This bill:
13          ▸     adds to the list of types of contraceptives that may be provided to inmates; and
14          ▸     removes the repeal date from the statutory provisions requiring county jails to
15     provide inmates with prescribed contraceptives.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          17-22-8, as last amended by Laws of Utah 2021, Chapter 108
23          63I-2-217, as last amended by Laws of Utah 2021, Chapters 64, 108, 363, and 385
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 17-22-8 is amended to read:
27          17-22-8. Care of prisoners -- Funding of services -- Private contractor.
28          (1) Except as provided in Subsection (5), a sheriff shall:
29          (a) receive each individual committed to jail by competent authority;
30          (b) provide each prisoner with necessary food, clothing, and bedding in the manner
31     prescribed by the county legislative body;
32          (c) provide each prisoner medical care when:
33          (i) the prisoner's symptoms evidence a serious disease or injury;
34          (ii) the prisoner's disease or injury is curable or may be substantially alleviated; and
35          (iii) the potential for harm to the person by reason of delay or the denial of medical
36     care would be substantial; and
37          (d) provide each prisoner, as part of the intake process, with the option of continuing
38     any of the following medically prescribed methods of contraception:
39          (i) an oral contraceptive;
40          (ii) an injectable contraceptive; [or]
41          (iii) a patch;
42          (iv) a vaginal ring; or
43          [(iii)] (v) an intrauterine device, if the prisoner was prescribed the intrauterine device
44     because the prisoner experiences serious and persistent adverse effects when using the methods
45     of contraception described in Subsections (1)(d)(i) and (ii).
46          (2) A sheriff may provide the generic form of a contraceptive described in Subsection
47     (1)(d)(i) or (ii).
48          (3) A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is pregnant
49     and gives birth, including the reporting requirements in Subsection 64-13-45(2)(c).
50          (4) (a) Except as provided in Subsection (4)(b), the expense incurred in providing the
51     services required by this section to prisoners shall be paid from the county treasury, except as
52     provided in Section 17-22-10.
53          (b) The expense incurred in providing the services described in Subsection (1)(d) to
54     prisoners shall be paid by the Department of Health.
55          (5) If the county executive contracts with a private contractor to provide the services
56     required by this section, the sheriff shall provide only those services required of the sheriff by
57     the contract between the county and the private contractor.
58          Section 2. Section 63I-2-217 is amended to read:
59          63I-2-217. Repeal dates -- Title 17.
60          [(1) (a) Subsections 17-22-8(1)(d) and (2) regarding contraceptives for inmates, is
61     repealed June 30, 2022.]
62          [(b) Subsection 17-22-8(4)(a), the language "Except as provided in Subsection (4)(b)"
63     is repealed June 30, 2022.]
64          [(c) Subsection 17-22-8(4)(b) regarding the Department of Health is repealed June 30,
65     2022.]
66          [(d) On July 1, 2022, when making the changes in this section, the Office of
67     Legislative Research and General Counsel shall in addition to its authority under Subsection
68     36-12-12(3):]
69          [(i) make corrections necessary to ensure that sections and subsections identified in this
70     section are complete sentences and accurately reflect the office's understanding of the
71     Legislature's intent; and]
72          [(ii) make necessary changes to subsection numbering and cross references.]
73          [(2)] (1) Title 17, Chapter 35b, Consolidation of Local Government Units, is repealed
74     January 1, 2022.
75          [(3)] (2) On January 1, 2028, Subsection 17-52a-103(3), requiring certain counties to
76     initiate a change of form of government process by July 1, 2018, is repealed.
77          [(4)] (3) On June 1, 2022:
78          (a) Section 17-52a-104 is repealed;
79          (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
80     described in Subsection 17-52a-104(1)(b) or (2)(b)," is repealed; and
81          (c) Subsection 17-52a-301(3)(a)(iv), regarding the first initiated process, is repealed.