HB 122 — Pregnant and Postpartum Inmate Amendments

02-10Enrolled 16:37Copy H.B.

and ● the number of Ĥ→ female ←Ĥ inmates in custody who are parents to a minor child;

▸ clarifies that the department and each county jail is required to provide an inmateHininmate in postpartum recovery access to postpartum care for 12 weeks after the inmate gives birth;

B ▸ clarifies that health care providers in general may make certain decisions regarding pregnant inmates;

and 2 ▸ makes technical and conforming changes.

Money Appropriated in this Bill:

None Other Special Clauses:

122 02-10Enrolled 16:37Copy NoneMoney UtahAppropriated Codein Sectionsthis Affected:Bill:

None Other Special Clauses:

None Utah Code Sections Affected:

and (v) any other entity with which a county jail has entered a contract to house inmates on- the2 entity's- behalf;Enrolled Copy H.B.

(e)122 theon number of prisoners that are denied pretrial release and held in the custodyentity's ofbehalf; the county jail while the prisoner awaited final disposition of the prisoner's criminal - 2 - 02-10 16:37 H.B.

122(e) the number of prisoners that are denied pretrial release and held in the custody of the county jail while the prisoner awaited final disposition of the prisoner's criminal charges;

(ii) that relate to the county jail's provision, or lack of provision, of medications used to treat, mitigate, or address a prisoner's symptoms of withdrawal, including methadone- and3 all- formsH.B. of buprenorphine and naltrexone;

and122 (iii)Enrolled thatCopy relatemethadone to screening, assessment, and treatmentall forms of abuprenorphine prisoner for a substance use or mental health disorder, including the policies, procedures, and protocolsnaltrexone; - 3 - H.B.

122and 02-10(iii) 16:37that relate to screening, assessment, and treatment of a prisoner for a substance use or mental health disorder, including the policies, procedures, and protocols that implement the requirements described in Section 17-72-501;

(o) the number of Ĥ→ female ←Ĥ prisoners incarcerated in the county jail who are the 112a parent of a minor child as that term is defined in Section 81-1-101;

(B) the county jail reviews the report and prepares a response to the report to be published- with4 the- report;Enrolled Copy H.B.

or122 (C)published thewith county jail fails to provide a response to the reportreport; within four weeks after - 4 - 02-10 16:37 H.B.

122or (C) the county jail fails to provide a response to the report within four weeks after the day on which the commission provides the report to the county jail.

and (iii)- the5 potential- forH.B. harm to the prisoner by reason of delay or the denial of health care would be substantial;

-122 5Enrolled -Copy H.B.(iii) the potential for harm to the prisoner by reason of delay or the denial of health care would be substantial;

122 02-10 16:37 (d) provide each prisoner, as part of the intake process, with the option of continuing any of the following medically prescribed methods of contraception:

and (c)- may6 be- leftEnrolled orCopy storedH.B. at a jail at the discretion of the sheriff.

(7)(a)122 A(c) sheriff may notbe initiateleft any of the following procedures or treatmentsstored forat a -jail 6at -the 02-10discretion 16:37of H.B.the sheriff.

122(7)(a) A sheriff may not initiate any of the following procedures or treatments for a prisoner:

(b) A prisoner housed under an alternative incarceration program under Subsection (4)(a) shall be considered to be in the full custody and control of the sheriff for purposes of Sections- 76-8-3097 and- 76-8-309.3.H.B.

(c)122 AEnrolled prisonerCopy maySections not76-8-309 beand placed76-8-309.3. in an alternative incarceration program under - 7 - H.B.

122(c) 02-10A 16:37prisoner may not be placed in an alternative incarceration program under Subsection (4)(a) unless:

and (b) are diminished when addressed by effective treatment, supervision, and other support resources,- resulting8 in- aEnrolled reducedCopy riskH.B. of criminal behavior.

122 resources, resulting in a reduced risk of criminal behavior.

-(7) 8"Direct -supervision" 02-10means 16:37a H.B.housing and supervision system that is designed to meet the goals described in Subsection 64-13-14(5) and has the elements described in Subsection 64-13-14(6).

122 (7) "Direct supervision" means a housing and supervision system that is designed to meet the goals described in Subsection 64-13-14(5) and has the elements described in Subsection 64-13-14(6).

[(17)] (18) "Secure correctional facility" means any prison, penitentiary, or other institution operated by the department or under contract for the confinement of offenders, where force may be used to restrain an offender if the offender attempts to leave the institution - 9 - H.B.

122 02-10Enrolled 16:37Copy operated by the department or under contract for the confinement of offenders, where force may be used to restrain an offender if the offender attempts to leave the institution without authorization.

(4)- Subject10 to- SubsectionEnrolled (5),Copy theH.B. department or a county jail may not:

(a)122 assign(4) anSubject inmateto whoseSubsection biological(5), sexthe atdepartment birthor is male to a livingcounty areajail wheremay annot: - 10 - 02-10 16:37 H.B.

122(a) assign an inmate whose biological sex at birth is male to a living area where an inmate whose biological sex at birth is female is assigned;

(E) not participating in pro-social leisure activities;

or (F) substance abuse;