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7 LONG TITLE
8 General Description:
9 This bill amends requirements relating to pregnant inmates.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ codifies the existing prison nursery as the Incarcerated Mothers and Infants Program
14 (program);
15 ▸ establishes the Incarcerated Mothers and Infants Program Advisory Board (board);
16 ▸ provides that the Department of Health and Human Services shall, after consulting
17 with the board, make rules governing the program;
18 ▸ modifies requirements relating to the use of restraints on a pregnant inmate;
19 ▸ requires access to postpartum care and certain social services for an inmate who has
20 recently given birth;
21 ▸ includes a sunset date; and
22 ▸ makes technical changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 17-22-8, as last amended by Laws of Utah 2022, Chapter 123
30 63I-1-223, as last amended by Laws of Utah 2020, Chapters 154, 232
31 64-13-46, as enacted by Laws of Utah 2019, Chapter 385
32 ENACTS:
33 26B-1-401, Utah Code Annotated 1953
34 63I-1-264, Utah Code Annotated 1953
35 64-13-46.5, Utah Code Annotated 1953
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37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 17-22-8 is amended to read:
39 17-22-8. Care of prisoners -- Funding of services -- Private contractor.
40 (1) Except as provided in Subsection (5), a sheriff shall:
41 (a) receive each individual committed to jail by competent authority;
42 (b) provide each prisoner with necessary food, clothing, and bedding in the manner
43 prescribed by the county legislative body;
44 (c) provide each prisoner medical care when:
45 (i) the prisoner's symptoms evidence a serious disease or injury;
46 (ii) the prisoner's disease or injury is curable or may be substantially alleviated; and
47 (iii) the potential for harm to the person by reason of delay or the denial of medical
48 care would be substantial; and
49 (d) provide each prisoner, as part of the intake process, with the option of continuing
50 any of the following medically prescribed methods of contraception:
51 (i) an oral contraceptive;
52 (ii) an injectable contraceptive;
53 (iii) a patch;
54 (iv) a vaginal ring; or
55 (v) an intrauterine device, if the prisoner was prescribed the intrauterine device because
56 the prisoner experiences serious and persistent adverse effects when using the methods of
57 contraception described in Subsections (1)(d)(i) and (ii).
58 (2) A sheriff may provide the generic form of a contraceptive described in Subsection
59 (1)(d)(i) or (ii).
60 (3) A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is pregnant
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62 64-13-45(2)(c).
63 (4) (a) Except as provided in Subsection (4)(b), the expense incurred in providing the
64 services required by this section to prisoners shall be paid from the county treasury, except as
65 provided in Section 17-22-10.
66 (b) The expense incurred in providing the services described in Subsection (1)(d) to
67 prisoners shall be paid by the Department of Health and Human Services.
68 (5) If the county executive contracts with a private contractor to provide the services
69 required by this section, the sheriff shall provide only those services required of the sheriff by
70 the contract between the county and the private contractor.
71 Section 2. Section 26B-1-401 is enacted to read:
72 26B-1-401. Incarcerated Mothers and Infants Program Advisory Board -- Duties
73 -- Rulemaking.
74 (1) As used in this part:
75 (a) "Advisory board" means the Incarcerated Mothers and Infants Program Advisory
76 Board.
77 (b) "Incarcerated mother" means the same as that term is defined in Section
78 64-13-46.5.
79 (c) "Program" means the Incarcerated Mothers and Infants Program created under
80 Section 64-13-46.5.
81 (2) The Incarcerated Mothers and Infants Program Advisory Board shall consist of the
82 following members:
83 (a) two individuals from the Department of Corrections, appointed by the executive
84 director of the Department of Corrections;
85 (b) one individual appointed by the Board of Pardons and Parole; and
86 (c) six individuals appointed by the executive director of the department, including:
87 (i) two individuals from the department with experience in child care licensing;
88 (ii) two pediatric healthcare providers;
89 (iii) one individual with expertise in early childhood development; and
90 (iv) one individual with experience advocating for incarcerated women.
91 (3) (a) Except as provided in (3)(b), a member of the advisory board shall be appointed
92 for a four-year term.
93 (b) A member that is appointed to complete an unexpired term may complete the
94 unexpired term and serve a subsequent four-year term.
95 (c) Appointments and reappointments may be staggered so that one-fourth of the
96 advisory board changes each year.
97 (d) The advisory board shall annually elect a chair and co-chair of the board from
98 among the members of the board to serve a two-year term.
99 (4) The advisory board shall meet at least bi-annually, or more frequently as
100 determined by the executive director, the chair, or three or more members of the advisory
101 board.
102 (5) A majority of the board constitutes a quorum and a vote of the majority of the
103 members present constitutes an action of the advisory board.
104 (6) A member of the advisory board may not receive compensation or benefits for the
105 member's service, but may receive per diem and travel expenses as allowed in:
106 (a) Section 63A-3-106;
107 (b) Section 63A-3-107; and
108 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
109 63A-3-107.
110 (7) The advisory board shall:
111 (a) review research regarding childhood development and best practices for infants
112 placed in a nursery located within a secure correctional environment;
113 (b) as part of the advisory board's review of research under Subsection (7)(a), study the
114 benefits of having a nursery for infants and incarcerated mothers located within a secure
115 correctional environment and the benefits of placing an infant or incarcerated mother in a
116 diversion program removed from a secure correctional environment;
117 (c) study the costs of implementing a diversion program for infants and incarcerated
118 mothers removed from a secure correctional environment;
119 (d) create a provisional plan for implementing a diversion program for infants and
120 incarcerated mothers removed from a secure correctional environment; and
121 (e) advise and make recommendations to the department regarding the rules and
122 policies the department shall establish under Subsection (10) for the Incarcerated Mothers and
123 Infants Program that address:
124 (i) the safety of the program for infants and incarcerated mothers;
125 (ii) the childhood development needs of the infants in the program;
126 (iii) the specific medical needs of the infants and incarcerated mothers in the program;
127 (iv) the appropriate needs of the incarcerated mothers in the program; and
128 (v) other requirements the advisory board deems necessary for the success and safety of
129 the program.
130 (8) The advisory board may, upon request from the Department of Corrections, extend
131 the age that qualifies an infant for the program under Subsection 64-13-46.5(2)(a) from 18
132 months old or younger to 24 months old or younger if:
133 (a) the extension is in the best interest of the infant; and
134 (b) without the extension the infant would be separated from the incarcerated mother
135 while the incarcerated mother remains in the correctional facility.
136 (9) On or before November 30, 2024, the advisory board shall provide a report of the
137 advisory board's research and study under Subsections (7)(a) through (d), including any
138 proposed legislation, to:
139 (a) the Law Enforcement and Criminal Justice Interim Committee; and
140 (b) the Executive Offices and Criminal Justice Appropriations Subcommittee.
141 (10) The department, after receiving recommendations from the Incarcerated Mothers
142 and Infants Program Advisory Board under Subsection (7)(c), shall adopt rules, in accordance
143 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that the Department of
144 Corrections shall follow in implementing the Incarcerated Mothers and Infants Program.
145 (11) The rules established under Subsection (10) shall require the program to:
146 (a) have materials needed for proper childhood development for infants in the program;
147 (b) meet basic safety requirements for the infants and incarcerated mothers in the
148 program; and
149 (c) meet any other requirements recommended by the advisory board that the
150 department deems necessary for the program.
151 (12) The department may make rules under Subsection (10) regarding corrective
152 action, including suspension or closure of the program, if the Department of Corrections fails
153 to comply with the rules established under this section.
154 Section 3. Section 63I-1-223 is amended to read:
155 63I-1-223. Repeal dates: Titles 23 through 23B.
156 (1) Section 23-14-2.5, which creates the Wildlife Board Nominating Committee, is
157 repealed July 1, 2023.
158 (2) Section 23-14-2.6, which creates regional advisory councils for the Wildlife Board,
159 is repealed July 1, 2023.
160 (3) Section 26B-1-401, regarding the Incarcerated Mothers and Infants Program
161 Advisory Board, is repealed July 1, 2026.
162 Section 4. Section 63I-1-264 is enacted to read:
163 63I-1-264. Repeal dates: Title 64.
164 Section 64-13-46.5, regarding the Incarcerated Mothers and Infants Program, is
165 repealed July 1, 2026.
166 Section 5. Section 64-13-46 is amended to read:
167 64-13-46. Pregnant inmates.
168 (1) As used in this section:
169 (a) "Postpartum recovery" means, as determined by the pregnant inmate's physician,
170 the period immediately following delivery, including the entire period the inmate is in the
171 hospital or health care facility after birth.
172 (b) "Restraints" means any physical restraint or mechanical device used to control the
173 movement of an inmate's body or limbs, including flex cuffs, soft restraints, shackles, or a
174 convex shield.
175 (c) (i) "Shackles" means metal restraints, including leg irons, belly chains, or a security
176 or tether chain.
177 (ii) "Shackles" does not include hard metal handcuffs.
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179 knows or has reason to believe that an inmate is pregnant or is in postpartum recovery, the staff
180 shall, when restraining the inmate[
181 restraints necessary to ensure the safety and security of the inmate and others. [
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185 restraints on an inmate during the third trimester of pregnancy, labor [
186 a correctional staff member makes an individualized determination that there are compelling
187 grounds to believe that the inmate presents:
188 (a) an immediate and serious risk of harm to [
189 medical staff, correctional staff, or the public; or
190 (b) a substantial risk of escape that cannot reasonably be reduced by the use of other
191 existing means.
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193 shackles, leg restraints, or waist restraints be used on an inmate during the third trimester of
194 pregnancy, labor [
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196 (a) be stationed in a location that offers the maximum privacy to the inmate, while
197 taking into consideration safety and security concerns; and
198 (b) be female, if practicable.
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200 member authorizes restraints under Subsection (2) or (3), the correctional staff member shall
201 make a written record of the [
202 that includes:
203 (a) an explanation of the grounds for the correctional staff member's [
204 authorization on the use of restraints;
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209 (a) shall be retained by the correctional facility for five years;
210 (b) shall be available for public inspection with individually identifying information
211 redacted; and
212 (c) may not be considered a medical record under state or federal law.
213 (8) For a minimum of 48 hours after an inmate has given birth, a correctional facility
214 shall, if directed by the inmate's physician, allow the infant to remain with the inmate at the
215 health care facility.
216 (9) A correctional facility shall provide:
217 (a) an inmate who is pregnant, or who has given birth within the past six weeks, access
218 to a social worker to help the inmate:
219 (i) arrange childcare;
220 (ii) establish a reunification plan; and
221 (iii) establish a substance abuse treatment plan, if needed; and
222 (b) an inmate in postpartum recovery access to postpartum care for up to 12 weeks as
223 determined by the inmate's physician.
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233 Section 6. Section 64-13-46.5 is enacted to read:
234 64-13-46.5. Incarcerated Mothers and Infants Program.
235 (1) As used in this section:
236 (a) "Incarcerated mother" means an inmate who gives birth after entering the
237 department's custody.
238 (b) "Program" means the Incarcerated Mothers and Infants Program created under this
239 section.
240 (c) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
241 (2) There is created within the department the Incarcerated Mothers and Infants
242 Program that shall:
243 (a) subject to Subsection (3), provide space for incarcerated mothers and infants 18
244 months old or younger in a facility managed by the department; and
245 (b) comply with the requirements established under Section 26B-1-401 by the
246 Department of Health and Human Services.
247 (3) The department may, in accordance with Subsection 26B-1-401(8), request
248 permission from the Incarcerated Mothers and Infants Program Advisory Board to provide
249 space in the program for an infant who is 24 months old or younger.
250 (4) The Department of Health and Human Services shall certify the program is in
251 compliance with the rules established under Section 26B-1-401 before the program begins
252 operations.
253 (5) On or before July 1, 2024, the department shall ensure that at least one
254 administrator of the program has experience or training in early childhood development.
255 (6) An incarcerated mother is not eligible for the program if the incarcerated mother
256 has been convicted of, or has charges pending for, a violent felony, including attempt,
257 solicitation, or conspiracy to commit the violent felony.
258 (7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
259 Administrative Rulemaking Act, regarding the eligibility requirements for an incarcerated
260 mother to enter the program.