Representative Candice B. Pierucci proposes the following substitute bill:


1     
PREGNANT AND POSTPARTUM INMATE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Candice B. Pierucci

5     
Senate Sponsor: Heidi Balderree

6     

7     LONG TITLE
8     General Description:
9          This bill amend provisions related to pregnant and postpartum inmates.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that the Department of Corrections may not establish a nursery for a
13     female inmate and the inmate's infant within a correctional facility;
14          ▸     amends the Correctional Postnatal and Early Childhood Advisory Board; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20     Utah Code Sections Affected:
21     AMENDS:
22          63I-1-226 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters
23     249, 269, 270, 275, 332, 335, 420, and 495 and repealed and reenacted by Laws of
24     Utah 2023, Chapter 329
25          63I-1-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 249,
26     269, 270, 275, 310, 332, 335, 420, and 495 and repealed and reenacted by Laws of Utah 2023,
27     Chapter 329 and last amended by Coordination Clause, Laws of Utah 2023, Chapters 329, 332
28          63I-1-264, as enacted by Laws of Utah 2023, Chapter 420
29          64-13-46, as last amended by Laws of Utah 2023, Chapter 420
30     RENUMBERS AND AMENDS:
31          64-13-46.1, (Renumbered from 26B-1-434, as enacted by Laws of Utah 2023, Chapter
32     420)
33     REPEALS:
34          64-13-46.5, as enacted by Laws of Utah 2023, Chapter 420
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 63I-1-226 (Superseded 07/01/24) is amended to read:
38          63I-1-226 (Superseded 07/01/24). Repeal dates: Titles 26A through 26B.
39          (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is
40     repealed July 1, 2025.
41          (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
42     2024.
43          (3) Section 26B-1-319, which creates the Neuro-Rehabilitation Fund, is repealed
44     January 1, 2025.
45          (4) Section 26B-1-320, which creates the Pediatric Neuro-Rehabilitation Fund, is
46     repealed January 1, 2025.
47          (5) Subsection 26B-1-324(4), the language that states "the Behavioral Health Crisis
48     Response Commission, as defined in Section 63C-18-202," is repealed December 31, 2026.
49          (6) Subsection 26B-1-329(6), related to the Behavioral Health Crisis Response
50     Commission, is repealed December 31, 2026.
51          (7) Section 26B-1-402, related to the Rare Disease Advisory Council Grant Program, is
52     repealed July 1, 2026.
53          (8) Section 26B-1-409, which creates the Utah Digital Health Service Commission, is
54     repealed July 1, 2025.
55          (9) Section 26B-1-410, which creates the Primary Care Grant Committee, is repealed
56     July 1, 2025.
57          (10) Section 26B-1-416, which creates the Utah Children's Health Insurance Program
58     Advisory Council, is repealed July 1, 2025.
59          (11) Section 26B-1-417, which creates the Brain Injury Advisory Committee, is
60     repealed July 1, 2025.
61          (12) Section 26B-1-418, which creates the Neuro-Rehabilitation Fund and Pediatric
62     Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
63          (13) Section 26B-1-422, which creates the Early Childhood Utah Advisory Council, is
64     repealed July 1, 2029.
65          (14) Section 26B-1-428, which creates the Youth Electronic Cigarette, Marijuana, and
66     Other Drug Prevention Program, is repealed July 1, 2025.
67          (15) Section 26B-1-430, which creates the Coordinating Council for Persons with
68     Disabilities, is repealed July 1, 2027.
69          (16) Section 26B-1-431, which creates the Forensic Mental Health Coordinating
70     Council, is repealed July 1, 2023.
71          (17) Section 26B-1-432, which creates the Newborn Hearing Screening Committee, is
72     repealed July 1, 2026.
73          [(18) Section 26B-1-434, regarding the Correctional Postnatal and Early Childhood
74     Advisory Board, is repealed July 1, 2026.]
75          [(19)] (18) Section 26B-2-407, related to drinking water quality in child care centers, is
76     repealed July 1, 2027.
77          [(20)] (19) Subsection 26B-3-107(9), which addresses reimbursement for dental
78     hygienists, is repealed July 1, 2028.
79          [(21)] (20) Section 26B-3-136, which creates the Children's Health Care Coverage
80     Program, is repealed July 1, 2025.
81          [(22)] (21) Section 26B-3-137, related to reimbursement for the National Diabetes
82     Prevention Program, is repealed June 30, 2027.
83          [(23)] (22) Subsection 26B-3-213(2), the language that states "and the Behavioral
84     Health Crisis Response Commission created in Section 63C-18-202" is repealed December 31,
85     2026.
86          [(24)] (23) Sections 26B-3-302 through 26B-3-309, regarding the Drug Utilization
87     Review Board, are repealed July 1, 2027.
88          [(25)] (24) Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July
89     1, 2024.
90          [(26)] (25) Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is
91     repealed July 1, 2024.
92          [(27)] (26) Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July
93     1, 2028.
94          [(28)] (27) Section 26B-3-910, regarding alternative eligibility, is repealed July 1,
95     2028.
96          [(29)] (28) Section 26B-4-136, related to the Volunteer Emergency Medical Service
97     Personnel Health Insurance Program, is repealed July 1, 2027.
98          [(30)] (29) Section 26B-4-710, related to rural residency training programs, is repealed
99     July 1, 2025.
100          [(31)] (30) Subsections 26B-5-112(1) and (5), the language that states "In consultation
101     with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
102     is repealed December 31, 2026.
103          [(32)] (31) Section 26B-5-112.5 is repealed December 31, 2026.
104          [(33)] (32) Section 26B-5-114, related to the Behavioral Health Receiving Center
105     Grant Program, is repealed December 31, 2026.
106          [(34)] (33) Section 26B-5-118, related to collaborative care grant programs, is repealed
107     December 31, 2024.
108          [(35)] (34) Section 26B-5-120 is repealed December 31, 2026.
109          [(36)] (35) In relation to the Utah Assertive Community Treatment Act, on July 1,
110     2024:
111          (a) Subsection 26B-5-606(2)(a)(i), the language that states "and" is repealed; and
112          (b) Subsections 26B-5-606(2)(a)(ii), 26B-5-606(2)(b), and 26B-5-606(2)(c) are
113     repealed.
114          [(37)] (36) In relation to the Behavioral Health Crisis Response Commission, on
115     December 31, 2026:
116          (a) Subsection 26B-5-609(1)(a) is repealed;
117          (b) Subsection 26B-5-609(3)(a), the language that states "With recommendations from
118     the commission," is repealed;
119          (c) Subsection 26B-5-610(1)(b) is repealed;
120          (d) Subsection 26B-5-610(2)(b), the language that states "and in consultation with the
121     commission," is repealed; and
122          (e) Subsection 26B-5-610(4), the language that states "In consultation with the
123     commission," is repealed.
124          [(38)] (37) Subsections 26B-5-611(1)(a) and (10), in relation to the Utah Substance
125     Use and Mental Health Advisory Council, are repealed January 1, 2033.
126          [(39)] (38) Section 26B-5-612, related to integrated behavioral health care grant
127     programs, is repealed December 31, 2025.
128          [(40)] (39) Subsection 26B-7-119(5), related to reports to the Legislature on the
129     outcomes of the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
130          [(41)] (40) Section 26B-7-224, related to reports to the Legislature on violent incidents
131     and fatalities involving substance abuse, is repealed December 31, 2027.
132          [(42)] (41) Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1,
133     2024.
134          [(43)] (42) Section 26B-8-513, related to identifying overuse of non-evidence-based
135     health care, is repealed December 31, 2023.
136          Section 2. Section 63I-1-226 (Effective 07/01/24) is amended to read:
137          63I-1-226 (Effective 07/01/24). Repeal dates: Titles 26A through 26B.
138          (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is
139     repealed July 1, 2025.
140          (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
141     2024.
142          (3) Section 26B-1-319, which creates the Neuro-Rehabilitation Fund, is repealed
143     January 1, 2025.
144          (4) Section 26B-1-320, which creates the Pediatric Neuro-Rehabilitation Fund, is
145     repealed January 1, 2025.
146          (5) Subsection 26B-1-324(4), the language that states "the Behavioral Health Crisis
147     Response Commission, as defined in Section 63C-18-202," is repealed December 31, 2026.
148          (6) Subsection 26B-1-329(6), related to the Behavioral Health Crisis Response
149     Commission, is repealed December 31, 2026.
150          (7) Section 26B-1-402, related to the Rare Disease Advisory Council Grant Program, is
151     repealed July 1, 2026.
152          (8) Section 26B-1-409, which creates the Utah Digital Health Service Commission, is
153     repealed July 1, 2025.
154          (9) Section 26B-1-410, which creates the Primary Care Grant Committee, is repealed
155     July 1, 2025.
156          (10) Section 26B-1-416, which creates the Utah Children's Health Insurance Program
157     Advisory Council, is repealed July 1, 2025.
158          (11) Section 26B-1-417, which creates the Brain Injury Advisory Committee, is
159     repealed July 1, 2025.
160          (12) Section 26B-1-418, which creates the Neuro-Rehabilitation Fund and Pediatric
161     Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
162          (13) Section 26B-1-422, which creates the Early Childhood Utah Advisory Council, is
163     repealed July 1, 2029.
164          (14) Section 26B-1-428, which creates the Youth Electronic Cigarette, Marijuana, and
165     Other Drug Prevention Program, is repealed July 1, 2025.
166          (15) Section 26B-1-430, which creates the Coordinating Council for Persons with
167     Disabilities, is repealed July 1, 2027.
168          (16) Section 26B-1-431, which creates the Forensic Mental Health Coordinating
169     Council, is repealed July 1, 2023.
170          (17) Section 26B-1-432, which creates the Newborn Hearing Screening Committee, is
171     repealed July 1, 2026.
172          [(18) Section 26B-1-434, regarding the Correctional Postnatal and Early Childhood
173     Advisory Board, is repealed July 1, 2026.]
174          [(19)] (18) Section 26B-2-407, related to drinking water quality in child care centers, is
175     repealed July 1, 2027.
176          [(20)] (19) Subsection 26B-3-107(9), which addresses reimbursement for dental
177     hygienists, is repealed July 1, 2028.
178          [(21)] (20) Section 26B-3-136, which creates the Children's Health Care Coverage
179     Program, is repealed July 1, 2025.
180          [(22)] (21) Section 26B-3-137, related to reimbursement for the National Diabetes
181     Prevention Program, is repealed June 30, 2027.
182          [(23)] (22) Subsection 26B-3-213(2), the language that states "and the Behavioral
183     Health Crisis Response Commission created in Section 63C-18-202" is repealed December 31,
184     2026.
185          [(24)] (23) Sections 26B-3-302 through 26B-3-309, regarding the Drug Utilization
186     Review Board, are repealed July 1, 2027.
187          [(25)] (24) Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July
188     1, 2024.
189          [(26)] (25) Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is
190     repealed July 1, 2024.
191          [(27)] (26) Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July
192     1, 2028.
193          [(28)] (27) Section 26B-3-910, regarding alternative eligibility, is repealed July 1,
194     2028.
195          [(29)] (28) Section 26B-4-710, related to rural residency training programs, is repealed
196     July 1, 2025.
197          [(30)] (29) Subsections 26B-5-112(1) and (5), the language that states "In consultation
198     with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
199     is repealed December 31, 2026.
200          [(31)] (30) Section 26B-5-112.5 is repealed December 31, 2026.
201          [(32)] (31) Section 26B-5-114, related to the Behavioral Health Receiving Center
202     Grant Program, is repealed December 31, 2026.
203          [(33)] (32) Section 26B-5-118, related to collaborative care grant programs, is repealed
204     December 31, 2024.
205          [(34)] (33) Section 26B-5-120 is repealed December 31, 2026.
206          [(35)] (34) In relation to the Utah Assertive Community Treatment Act, on July 1,
207     2024:
208          (a) Subsection 26B-5-606(2)(a)(i), the language that states "and" is repealed; and
209          (b) Subsections 26B-5-606(2)(a)(ii), 26B-5-606(2)(b), and 26B-5-606(2)(c) are
210     repealed.
211          [(36)] (35) In relation to the Behavioral Health Crisis Response Commission, on
212     December 31, 2026:
213          (a) Subsection 26B-5-609(1)(a) is repealed;
214          (b) Subsection 26B-5-609(3)(a), the language that states "With recommendations from
215     the commission," is repealed;
216          (c) Subsection 26B-5-610(1)(b) is repealed;
217          (d) Subsection 26B-5-610(2)(b), the language that states "and in consultation with the
218     commission," is repealed; and
219          (e) Subsection 26B-5-610(4), the language that states "In consultation with the
220     commission," is repealed.
221          [(37)] (36) Subsections 26B-5-611(1)(a) and (10), in relation to the Utah Substance
222     Use and Mental Health Advisory Council, are repealed January 1, 2033.
223          [(38)] (37) Section 26B-5-612, related to integrated behavioral health care grant
224     programs, is repealed December 31, 2025.
225          [(39)] (38) Subsection 26B-7-119(5), related to reports to the Legislature on the
226     outcomes of the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
227          [(40)] (39) Section 26B-7-224, related to reports to the Legislature on violent incidents
228     and fatalities involving substance abuse, is repealed December 31, 2027.
229          [(41)] (40) Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1,
230     2024.
231          [(42)] (41) Section 26B-8-513, related to identifying overuse of non-evidence-based
232     health care, is repealed December 31, 2023.
233          Section 3. Section 63I-1-264 is amended to read:
234          63I-1-264. Repeal dates: Title 64.
235          [Section 64-13-46.5, Correctional Facility Nursery, is repealed July 1, 2026].
236          Section 64-13-46.1, regarding the Correctional Postnatal and Early Childhood Advisory
237     Board, is repealed July 1, 2025.
238          Section 4. Section 64-13-46 is amended to read:
239          64-13-46. Pregnant inmates.
240          (1) As used in this section:
241          (a) "Postpartum recovery" means, as determined by the pregnant inmate's physician,
242     the period immediately following delivery, including the entire period the inmate is in the
243     hospital or health care facility after birth.
244          (b) "Restraints" means any physical restraint or mechanical device used to control the
245     movement of an inmate's body or limbs, including flex cuffs, soft restraints, shackles, or a
246     convex shield.
247          (c) (i) "Shackles" means metal restraints, including leg irons, belly chains, or a security
248     or tether chain.
249          (ii) "Shackles" does not include hard metal handcuffs.
250          (2) Subject to Subsections (3) and (4), if the staff of a correctional facility knows or has
251     reason to believe that an inmate is pregnant or is in postpartum recovery, the staff shall, when
252     restraining the inmate at any time or location, use the least restrictive restraints necessary to
253     ensure the safety and security of the inmate and others.
254          (3) A correctional staff member may not use restraints on an inmate during the third
255     trimester of pregnancy, labor, or childbirth unless a correctional staff member makes an
256     individualized determination that there are compelling grounds to believe that the inmate
257     presents:
258          (a) an immediate and serious risk of harm to the inmate, the inmate's infant, medical
259     staff, correctional staff, or the public; or
260          (b) a substantial risk of escape that cannot reasonably be reduced by the use of other
261     existing means.
262          (4) Notwithstanding Subsection (3), under no circumstances may shackles, leg
263     restraints, or waist restraints be used on an inmate during the third trimester of pregnancy,
264     labor, childbirth, or postpartum recovery.
265          (5) Correctional staff present during labor or childbirth shall:
266          (a) be stationed in a location that offers the maximum privacy to the inmate, while
267     taking into consideration safety and security concerns; and
268          (b) be female, if practicable.
269          (6) If a correctional staff member authorizes restraints under Subsection (2) or (3), the
270     correctional staff member shall make a written record of the authorization and use of the
271     restraints that includes:
272          (a) an explanation of the grounds for the correctional staff member's authorization on
273     the use of restraints;
274          (b) the type of restraints that were used; and
275          (c) the length of time the restraints were used.
276          (7) The record described in Subsection (6):
277          (a) shall be retained by the correctional facility for five years;
278          (b) shall be available for public inspection with individually identifying information
279     redacted; and
280          (c) may not be considered a medical record under state or federal law.
281          (8) For a minimum of 48 hours after an inmate has given birth, a correctional facility
282     shall, if directed by the inmate's physician, allow the infant to remain with the inmate at the
283     health care facility.
284          (9) A correctional facility shall provide:
285          (a) an inmate who is pregnant, or who has given birth within the past six weeks, access
286     to a social worker to help the inmate:
287          (i) arrange childcare;
288          (ii) establish a reunification plan; and
289          (iii) establish a substance abuse treatment plan, if needed; and
290          (b) an inmate in postpartum recovery access to postpartum care for up to 12 weeks as
291     determined by the inmate's physician.
292          (10) The department may not create or operate a nursery in a correctional facility to
293     provide space for a female inmate and the inmate's child.
294          Section 5. Section 64-13-46.1, which is renumbered from Section 26B-1-434 is
295     renumbered and amended to read:
296          [26B-1-434].      64-13-46.1. Correctional Postnatal and Early Childhood
297     Advisory Board -- Duties -- Rulemaking.
298          (1) As used in this part:
299          (a) "Advisory board" means the Correctional Postnatal and Early Childhood Advisory
300     Board.
301          (b) "Correctional facility" means a facility operated by the department or a county
302     sheriff that houses inmates in a secure setting.
303          [(b)] (c) "Incarcerated mother" means [the same as that term is defined in Section
304     64-13-46.5] an inmate who:
305          (i) has recently given birth before entering a correctional facility;
306          (ii) is pregnant and incarcerated in a correctional facility; or
307          (iii) has given birth while incarcerated in a correctional facility.
308          (2) The advisory board shall consist of the following members:
309          (a) two individuals from the [Department of Corrections] department, appointed by the
310     executive director [of the Department of Corrections];
311          (b) one individual appointed by the Board of Pardons and Parole;
312          (c) one individual appointed by the president of the Utah Sheriffs' Association; and
313          [(c)] (d) [six] four individuals appointed by the executive director [of the department]
314     of the Department of Health and Human Services, including:
315          [(i) two individuals from the department with experience in child care licensing;]
316          [(ii)] (i) two pediatric healthcare providers;
317          [(iii)] (ii) one individual with expertise in early childhood development; and
318          [(iv)] (iii) one individual with experience advocating for incarcerated women.
319          (3) (a) Except as provided in Subsection (3)(b), a member of the advisory board shall
320     be appointed for a four-year term.
321          (b) A member that is appointed to complete an unexpired term may complete the
322     unexpired term and serve a subsequent four-year term.
323          (c) Appointments and reappointments may be staggered so that one-fourth of the
324     advisory board changes each year.
325          (d) The advisory board shall annually elect a chair and co-chair of the board from
326     among the members of the board to serve a two-year term.
327          (4) The advisory board shall meet at least bi-annually, or more frequently as
328     determined by the executive director, the chair, or three or more members of the advisory
329     board.
330          (5) A majority of the board constitutes a quorum and a vote of the majority of the
331     members present constitutes an action of the advisory board.
332          (6) A member of the advisory board may not receive compensation or benefits for the
333     member's service, but may receive per diem and travel expenses as allowed in:
334          (a) Section 63A-3-106;
335          (b) Section 63A-3-107; and
336          (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
337     63A-3-107.
338          (7) The advisory board shall:
339          (a) review research regarding childhood development and best practices for [infants
340     placed in a nursery located within a secure correctional environment] placing infants and
341     incarcerated mothers in a diversion program not located in a correctional facility;
342          [(b) as part of the advisory board's review of research under Subsection (7)(a), study
343     the benefits of having a nursery for infants and incarcerated mothers located within a secure
344     correctional environment and the benefits of placing an infant or incarcerated mother in a
345     diversion program removed from a secure correctional environment;]
346          [(c)] (b) study the costs of implementing a diversion program for infants and
347     incarcerated mothers removed from a [secure correctional environment] correctional facility;
348          [(d)] (c) create a provisional plan for implementing a diversion program for infants and
349     incarcerated mothers removed from a [secure correctional environment] correctional facility;
350     and
351          [(e)] (d) advise and make recommendations to the department and county sheriffs
352     regarding rules and policies for [any nursery established by the Department of Corrections to
353     provide space for incarcerated mothers and infants.] placing an infant or incarcerated mother in
354     a diversion program not located in a correctional facility.
355          [(8) The advisory board, upon request from the Department of Corrections, may:]
356          [(a) after considering the specific circumstances of an infant and the infant's
357     incarcerated mother, extend the age that qualifies the infant for a nursery under Subsection
358     64-13-46.5(2) up to 24 months old if:]
359          [(i) the extension is in the best interest of the infant; and]
360          [(ii) without the extension the infant would be separated from the incarcerated mother
361     while the incarcerated mother remains in the correctional facility; or]
362          [(b) allow an incarcerated mother who has committed a violent felony to be provided
363     space in a nursery if it is in the best interest of the incarcerated mother's infant.]
364          [(9)] (8) On or before November 30, 2024, the advisory board shall provide a report of
365     the advisory board's research and study under Subsections (7)(a) through [(d)] (c), including
366     any proposed legislation, to:
367          (a) the Law Enforcement and Criminal Justice Interim Committee; and
368          (b) the Executive Offices and Criminal Justice Appropriations Subcommittee.
369          [(10) The department shall:]
370          [(a) after receiving recommendations from the advisory board under Subsection (7)(e),
371     adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
372     certification of a nursery established in a secure correctional environment that address:]
373          [(i) the safety of the nursery for infants and incarcerated mothers;]
374          [(ii) the childhood development needs of the infants in the nursery;]
375          [(iii) the specific medical needs of the infants and incarcerated mothers in the nursery;]
376          [(iv) the appropriate needs of the incarcerated mothers in the nursery; and]
377          [(v) any other requirements recommended by the advisory board that the department
378     deems necessary for the nursery; and]
379          [(b) certify that any nursery established by the Department of Corrections is in
380     compliance with the rules established under this section before the nursery begins operations.]
381          [(11) The department may make rules in accordance with Title 63G, Chapter 3, Utah
382     Administrative Rulemaking Act, regarding corrective action, including closure of a nursery
383     established by the Department of Corrections, if the Department of Corrections fails to comply
384     with the rules established under this section.]
385          Section 6. Repealer.
386          This bill repeals:
387          Section 64-13-46.5, Correctional facility nursery.
388          Section 7. Effective date.
389          (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
390          (2) The actions affecting Section 63I-1-226 (Effective 07/01/24) take effect on July 1,
391     2024.