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7 LONG TITLE
8 General Description:
9 This bill requires county and municipal jails to allow medication assistance treatment
10 by a state-approved entity for inmates who were active clients prior to incarceration.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires a county or municipal jail to allow the continuation of medication
14 assistance programs for inmates who were active clients prior to incarceration; and
15 ▸ provides that the jails may not pay for or store any medications used for medication
16 assistance treatment programs.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 10-8-58.5, as last amended by Laws of Utah 2010, Chapter 378
24 17-22-8, as last amended by Laws of Utah 2022, Chapter 123
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-8-58.5 is amended to read:
28 10-8-58.5. Contracting for management, maintenance, operation, or construction
29 of jails.
30 (1) (a) The governing body of a city or town may contract with private contractors for
31 management, maintenance, operation, and construction of city jails.
32 (b) The governing body may include a provision in the contract that requires that any
33 jail facility meet any federal, state, or local standards for the construction of jails.
34 (2) If the governing body contracts only for the management, maintenance, or
35 operation of a jail, the governing body shall include provisions in the contract that:
36 (a) require the private contractor to post a performance bond in the amount set by the
37 governing body;
38 (b) establish training standards that shall be met by jail personnel;
39 (c) require the private contractor to provide and fund training for jail personnel so that
40 the personnel meet the standards established in the contract and any other federal, state, or local
41 standards for the operation of jails and the treatment of jail prisoners;
42 (d) require the private contractor to indemnify the city or town for errors, omissions,
43 defalcations, and other activities committed by the private contractor that result in liability to
44 the city or town;
45 (e) require the private contractor to show evidence of liability insurance protecting the
46 city or town and its officers, employees, and agents from liability arising from the construction,
47 operation, or maintenance of the jail, in an amount not less than those specified in Title 63G,
48 Chapter 7, Governmental Immunity Act of Utah;
49 (f) require the private contractor to:
50 (i) receive all prisoners committed to the jail by competent authority; [
51 (ii) provide them with necessary food, clothing, and bedding in the manner prescribed
52 by the governing body; and
53 (iii) admit and cooperate with medical personnel to continue a state-approved
54 medication assisted treatment plan for a prisoner if the prisoner was an active client prior to
55 arrest and commitment; and
56 (g) prohibit the use of inmates by the private contractor for private business purposes
57 of any kind.
58 (3) Medications used for state-approved medication assisted treatment plans under
59 Subsection (2)(f)(iii):
60 (a) shall be administered by medication assisted treatment plan providers only;
61 (b) may not be paid for by the private contractor, city, or town; and
62 (c) may not be left or stored at the jail.
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64 insurance in an amount not less than the liability limits established by Title 63G, Chapter 7,
65 Governmental Immunity Act of Utah, may not be construed as waiving the limitation on
66 damages recoverable from a governmental entity or its employees established by that chapter.
67 Section 2. Section 17-22-8 is amended to read:
68 17-22-8. Care of prisoners -- Funding of services -- Private contractor.
69 (1) Except as provided in Subsection (5), a sheriff shall:
70 (a) receive each individual committed to jail by competent authority;
71 (b) provide each prisoner with necessary food, clothing, and bedding in the manner
72 prescribed by the county legislative body;
73 (c) provide each prisoner medical care when:
74 (i) the prisoner's symptoms evidence a serious disease or injury;
75 (ii) the prisoner's disease or injury is curable or may be substantially alleviated; and
76 (iii) the potential for harm to the person by reason of delay or the denial of medical
77 care would be substantial; [
78 (d) provide each prisoner, as part of the intake process, with the option of continuing
79 any of the following medically prescribed methods of contraception:
80 (i) an oral contraceptive;
81 (ii) an injectable contraceptive;
82 (iii) a patch;
83 (iv) a vaginal ring; or
84 (v) an intrauterine device, if the prisoner was prescribed the intrauterine device because
85 the prisoner experiences serious and persistent adverse effects when using the methods of
86 contraception described in Subsections (1)(d)(i) and (ii); and
87 (e) admit and cooperate with medical personnel to continue a state-approved
88 medication assisted treatment plan for a prisoner if the prisoner was an active client prior to
89 arrest and commitment.
90 (2) A sheriff may provide the generic form of a contraceptive described in Subsection
91 (1)(d)(i) or (ii).
92 (3) A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is pregnant
93 and gives birth, including the reporting requirements in Subsection 64-13-45(2)(c).
94 (4) (a) Except as provided in Section 17-22-10 and Subsection (4)(b), the expense
95 incurred in providing the services required by this section to prisoners shall be paid from the
96 county treasury[
97 (b) The expense incurred in providing the services described in Subsection (1)(d) to
98 prisoners shall be paid by the Department of Health.
99 (5) Medications used for state-approved medication assisted treatment plans under
100 Subsection (1)(e):
101 (a) shall be administered by medication assisted treatment plan personnel only;
102 (b) may not be paid for out of the county treasury; and
103 (c) may not be left or stored at the jail.
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105 services required by this section, the sheriff shall provide only those services required of the
106 sheriff by the contract between the county and the private contractor.