1     
INMATE AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Luz Escamilla

5     
House Sponsor: Ryan D. Wilcox

6     

7     LONG TITLE
8     General Description:
9          This bill amends and enacts provisions related to inmates in correctional facilities.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires the Department of Health and Human Services to establish a pilot program
14     for medical monitoring;
15          ▸     requires the notification of an inmate's designated medical contact in certain
16     circumstances; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          64-13-1, as last amended by Laws of Utah 2021, Chapters 85, 246 and 260
25          76-5-412, as last amended by Laws of Utah 2022, Chapter 181
26     ENACTS:
27          26B-4-301, Utah Code Annotated 1953
28          64-13-49, Utah Code Annotated 1953
29     


30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 26B-4-301 is enacted to read:
32          26B-4-301. Medical care for inmates -- Reporting of statistics.
33          As used in this section:
34          (1) "Correctional facility" means a facility operated to house inmates in a secure or
35     nonsecure setting:
36          (a) by the Department of Corrections; or
37          (b) under a contract with the Department of Corrections.
38          (2) "Health care facility" means the same as that term is defined in Section 26-21-2.
39          (3) "Inmate" means an individual who is:
40          (a) committed to the custody of the Department of Corrections; and
41          (b) housed at a correctional facility or at a county jail at the request of the Department
42     of Corrections.
43          (4) "Medical monitoring technology" means a device, application, or other technology
44     that can be used to improve health outcomes and the experience of care for patients, including
45     evidence-based clinically evaluated software and devices that can be used to monitor and treat
46     diseases and disorders.
47          (5) "Terminally ill" means the same as that term is defined in Section 31A-36-102.
48          (6) The department shall:
49          (a) for each health care facility owned or operated by the Department of Corrections,
50     assist the Department of Corrections in complying with Section 64-13-39;
51          (b) create policies and procedures for providing services to inmates; and
52          (c) in coordination with the Department of Corrections, develop standard population
53     indicators and performance measures relating to the health of inmates.
54          (7) Beginning July 1, 2023, and ending June 30, 2024, the department shall:
55          (a) evaluate and study the use of medical monitoring technology and create a plan for a
56     pilot program that identifies:
57          (i) the types of medical monitoring technology that will be used during the pilot

58     program; and
59          (ii) eligibility for participation in the pilot program; and
60          (b) make the indicators and performance measures described in Subsection (6)(c)
61     available to the public through the Department of Corrections and the department websites.
62          (8) Beginning July 1, 2024, and ending June 30, 2029, the department shall implement
63     the pilot program.
64          (9) The department shall submit to the Health and Human Services Interim Committee
65     and the Law Enforcement and Criminal Justice Interim Committee:
66          (a) a report on or before October 1 of each year regarding the costs and benefits of the
67     pilot program;
68          (b) a report that summarizes the indicators and performance measures described in
69     Subsection (6)(c) on or before October 1, 2024; and
70          (c) an updated report before October 1 of each year that compares the indicators and
71     population measures of the most recent year to the initial report described in Subsection (9)(b).
72          Section 2. Section 64-13-1 is amended to read:
73          64-13-1. Definitions.
74          As used in this chapter:
75          (1) "Behavioral health transition facility" means a nonsecure correctional facility
76     operated by the department for the purpose of providing a therapeutic environment for
77     offenders receiving mental health services.
78          (2) "Case action plan" means a document developed by the Department of Corrections
79     that identifies:
80          (a) the program priorities for the treatment of the offender, including the criminal risk
81     factors as determined by risk, needs, and responsivity assessments conducted by the
82     department; and
83          (b) clearly defined completion requirements.
84          (3) "Community correctional center" means a nonsecure correctional facility operated
85     by the department, but does not include a behavioral health transition facility for the purposes

86     of Section 64-13f-103.
87          (4) "Correctional facility" means any facility operated to house offenders in a secure or
88     nonsecure setting:
89          (a) by the department; or
90          (b) under a contract with the department.
91          (5) "Criminal risk factors" means an individual's characteristics and behaviors that:
92          (a) affect the individual's risk of engaging in criminal behavior; and
93          (b) are diminished when addressed by effective treatment, supervision, and other
94     support resources, resulting in a reduced risk of criminal behavior.
95          (6) "Department" means the Department of Corrections.
96          (7) "Direct supervision" means a housing and supervision system that is designed to
97     meet the goals described in Subsection 64-13-14(5) and has the elements described in
98     Subsection 64-13-14(6).
99          (8) "Emergency" means any riot, disturbance, homicide, inmate violence occurring in
100     any correctional facility, or any situation that presents immediate danger to the safety, security,
101     and control of the department.
102          (9) "Evidence-based" means a program or practice that has had multiple randomized
103     control studies or a meta-analysis demonstrating that the program or practice is effective for a
104     specific population or has been rated as effective by a standardized program evaluation tool.
105          (10) "Evidence-informed" means a program or practice that is based on research and
106     the experience and expertise of the department.
107          (11) "Executive director" means the executive director of the Department of
108     Corrections.
109          (12) "Inmate" means an individual who is:
110          (a) committed to the custody of the department; and
111          (b) housed at a correctional facility or at a county jail at the request of the department.
112          (13) "Offender" means an individual who has been convicted of a crime for which the
113     individual may be committed to the custody of the department and is at least one of the

114     following:
115          (a) committed to the custody of the department;
116          (b) on probation; or
117          (c) on parole.
118          (14) "Restitution" means the same as that term is defined in Section 77-38b-102.
119          (15) "Risk and needs assessment" means an actuarial tool validated on criminal
120     offenders that determines:
121          (a) an individual's risk of reoffending; and
122          (b) the criminal risk factors that, when addressed, reduce the individual's risk of
123     reoffending.
124          (16) "Secure correctional facility" means any prison, penitentiary, or other institution
125     operated by the department or under contract for the confinement of offenders, where force
126     may be used to restrain an offender if the offender attempts to leave the institution without
127     authorization.
128          (17) "Serious illness" means, as determined by the inmate's physician, an illness that
129     substantially impairs the inmate's quality of life.
130          (18) "Serious injury" means, as determined by the inmate's physician, bodily injury that
131     involves a substantial risk of death, prolonged unconsciousness, prolonged and obvious
132     disfigurement, or prolonged loss or impairment of the function of a bodily member, organ, or
133     mental faculty.
134          Section 3. Section 64-13-49 is enacted to read:
135          64-13-49. Inmate medical notification.
136          (1) As used in this section, "health care facility" means the same as that term is defined
137     in Section 26-21-2.
138          (2) Upon intake of an inmate, a correctional facility shall provide the inmate with a
139     form that allows the inmate to designate a contact to whom the correctional facility may release
140     the inmate's medical information in compliance with applicable federal law and Title 63G,
141     Chapter 2, Government Records Access and Management Act.

142          (3) A correctional facility shall, without compromising an investigation:
143          (a) attempt to notify an inmate's designated contact that the inmate sustained a serious
144     injury or contracted a serious illness within five days after:
145          (i) the day on which the inmate sustains the serious injury or contracts the serious
146     illness; or
147          (ii) if the inmate is transferred to a health care facility as a result of the serious injury or
148     serious illness, the day on which the inmate is released from the health care facility;
149          (b) attempt to notify the designated contact within 24 hours after the death of the
150     inmate and include the manner of death in the notification, if known; or
151          (c) attempt to notify the designated contact if the inmate's physician determines
152     notification is necessary because the inmate has a medical condition that:
153          (i) renders the inmate incapable of making health care decisions; or
154          (ii) may result in the inmate reaching end-of-life.
155          (4) The notification described in Subsection (3)(a) shall, without compromising an
156     investigation, describe:
157          (a) the serious injury or serious illness;
158          (b) the extent of the serious injury or serious illness;
159          (c) the medical treatment plan; and
160          (d) if applicable, the medical treatment recovery plan.
161          (5) The department shall create a policy that a staff member provide the notification
162     described in Subsection (3) in a compassionate and professional manner.
163          Section 4. Section 76-5-412 is amended to read:
164          76-5-412. Custodial sexual relations -- Penalties -- Defenses and limitations.
165          (1) (a) As used in this section:
166          (i) "Actor" means:
167          (A) a law enforcement officer, as defined in Section 53-13-103;
168          (B) a correctional officer, as defined in Section 53-13-104;
169          (C) a special function officer, as defined in Section 53-13-105; or

170          (D) an employee of, or private provider or contractor for, the Department of
171     Corrections or a county jail.
172          (ii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
173          (iii) "Person in custody" means an individual, either an adult 18 years old or older, or a
174     minor younger than 18 years old, who is:
175          (A) a prisoner, as defined in Section 76-5-101, and includes a prisoner who is in the
176     custody of the Department of Corrections created under Section 64-13-2, but who is being
177     housed at the Utah State Hospital established under Section 62A-15-601 or other medical
178     facility;
179          (B) under correctional supervision, such as at a work release facility or as a parolee or
180     probationer; or
181          (C) under lawful or unlawful arrest, either with or without a warrant.
182          (iv) "Private provider or contractor" means a person that contracts or enters into a
183     memorandum of understanding with [the Department of Corrections or with a county jail] a
184     governmental or private entity to provide services or functions that are part of the operation of
185     the Department of Corrections or a county jail under state or local law.
186          (b) Terms defined in Section 76-1-101.5 apply to this section.
187          (2) (a) An actor commits custodial sexual relations if the actor commits any of the acts
188     under Subsection (2)(b):
189          (i) under circumstances not amounting to commission of, or an attempt to commit, an
190     offense under Subsection (4); and
191          (ii) (A) the actor knows that the individual is a person in custody; or
192          (B) a reasonable person in the actor's position should have known under the
193     circumstances that the individual was a person in custody.
194          (b) Acts referred to in Subsection (2)(a) are:
195          (i) having sexual intercourse with a person in custody;
196          (ii) engaging in a sexual act with a person in custody involving the genitals of one
197     individual and the mouth or anus of another individual; or

198          (iii) (A) causing the penetration, however slight, of the genital or anal opening of a
199     person in custody by any foreign object, substance, instrument, or device, including a part of
200     the human body; and
201          (B) intending to cause substantial emotional or bodily pain to any individual.
202          (c) Any touching, even if accomplished through clothing, is sufficient to constitute the
203     relevant element of a violation of Subsection (2)(a).
204          (3) (a) A violation of Subsection (2) is a third degree felony.
205          (b) Notwithstanding Subsection (3)(a), if the person in custody is younger than 18
206     years old, a violation of Subsection (2) is a second degree felony.
207          (c) If the act committed under Subsection (3) amounts to an offense subject to a greater
208     penalty under another provision of state law than is provided under this Subsection (3), this
209     Subsection (3) does not prohibit prosecution and sentencing for the more serious offense.
210          (4) The offenses referred to in Subsection (2)(a)(i) and Subsection 76-5-412.2(2)(a)(i)
211     are:
212          (a) Section 76-5-401, unlawful sexual activity with a minor;
213          (b) Section 76-5-402, rape;
214          (c) Section 76-5-402.1, rape of a child;
215          (d) Section 76-5-402.2, object rape;
216          (e) Section 76-5-402.3, object rape of a child;
217          (f) Section 76-5-403, forcible sodomy;
218          (g) Section 76-5-403.1, sodomy on a child;
219          (h) Section 76-5-404, forcible sexual abuse;
220          (i) Section 76-5-404.1, sexual abuse of a child, or Section 76-5-404.3, aggravated
221     sexual abuse of a child; or
222          (j) Section 76-5-405, aggravated sexual assault.
223          (5) (a) It is not a defense to the commission of, or the attempt to commit, the offense of
224     custodial sexual relations under Subsection (2) if the person in custody is younger than 18 years
225     old, that the actor:

226          (i) mistakenly believed the person in custody to be 18 years old or older at the time of
227     the alleged offense; or
228          (ii) was unaware of the true age of the person in custody.
229          (b) Consent of the person in custody is not a defense to any violation or attempted
230     violation of Subsection (2).
231          (6) It is a defense that the commission by the actor of an act under Subsection (2) is the
232     result of compulsion, as the defense is described in Subsection 76-2-302(1).