Utah 2023 Regular Session

Utah House Bill HB0429 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 429
	1	+	2nd Sub. H.B. 429
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: S. Larson 6
	4	+	6 02-23-23 9:06 AM 6
	5	+	H.B. 429
	6	+	2nd Sub. (Gray)
	7	+	Representative Candice B. Pierucci proposes the following substitute bill:
2	8		1 PREGNANT AND POSTPARTUM I NMATE AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Candice B. Pierucci
6	12		5 Senate Sponsor: Stephanie Pitcher
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill amends requirements relating to pregnant and postpartum inmates.
11	17		10Highlighted Provisions:
12	18		11 This bill:
13	19		12 <defines terms;
14	20		13 <specifies that if the Department of Corrections creates a nursery, the nursery is
15	21		14subject to rules established by the Department of Health and Human Services;
16	22		15 <establishes the Correctional Postnatal and Early Childhood Advisory Board (board);
17	23		16 <provides that the Department of Health and Human Services shall, after consulting
18	24		17with the board, make rules governing any nursery established by the Department of
19	25		18Corrections;
20	26		19 <modifies requirements relating to the use of restraints on a pregnant inmate;
21	27		20 <requires access to postpartum care and certain social services for an inmate who has
22	28		21recently given birth;
23	29		22 <includes a sunset date; and
24	30		23 <makes technical changes.
25	31		24Money Appropriated in this Bill:
26	32		25 None
	33	+	HB0429S02 2nd Sub. (Gray) H.B. 429 02-23-23 9:06 AM
	34	+	- 2 -
27	35		26Other Special Clauses:
28	36		27 None
29	37		28Utah Code Sections Affected:
30		-	29AMENDS: H.B. 429 Enrolled Copy
31		-	- 2 -
	38	+	29AMENDS:
32	39		30 17-22-8, as last amended by Laws of Utah 2022, Chapter 123
33	40		31 63I-1-226, as last amended by Laws of Utah 2022, Chapters 194, 206, 224, 253, 255,
34	41		32347, and 451
35	42		33 64-13-46, as enacted by Laws of Utah 2019, Chapter 385
36	43		34ENACTS:
37	44		35 26B-1-401, Utah Code Annotated 1953
38	45		36 63I-1-264, Utah Code Annotated 1953
39	46		37 64-13-46.5, Utah Code Annotated 1953
40	47		38
41	48		39Be it enacted by the Legislature of the state of Utah:
42	49		40 Section 1. Section 17-22-8 is amended to read:
43	50		41 17-22-8. Care of prisoners -- Funding of services -- Private contractor.
44	51		42 (1) Except as provided in Subsection (5), a sheriff shall:
45	52		43 (a) receive each individual committed to jail by competent authority;
46	53		44 (b) provide each prisoner with necessary food, clothing, and bedding in the manner
47	54		45prescribed by the county legislative body;
48	55		46 (c) provide each prisoner medical care when:
49	56		47 (i) the prisoner's symptoms evidence a serious disease or injury;
50	57		48 (ii) the prisoner's disease or injury is curable or may be substantially alleviated; and
51	58		49 (iii) the potential for harm to the person by reason of delay or the denial of medical
52	59		50care would be substantial; and
53	60		51 (d) provide each prisoner, as part of the intake process, with the option of continuing
54	61		52any of the following medically prescribed methods of contraception:
55	62		53 (i) an oral contraceptive;
56	63		54 (ii) an injectable contraceptive;
57	64		55 (iii) a patch;
58		-	56 (iv) a vaginal ring; or
59		-	57 (v) an intrauterine device, if the prisoner was prescribed the intrauterine device because Enrolled Copy H.B. 429
	65	+	56 (iv) a vaginal ring; or 02-23-23 9:06 AM 2nd Sub. (Gray) H.B. 429
60	66		- 3 -
	67	+	57 (v) an intrauterine device, if the prisoner was prescribed the intrauterine device because
61	68		58the prisoner experiences serious and persistent adverse effects when using the methods of
62	69		59contraception described in Subsections (1)(d)(i) and (ii).
63	70		60 (2) A sheriff may provide the generic form of a contraceptive described in Subsection
64	71		61(1)(d)(i) or (ii).
65	72		62 (3) A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is pregnant
66	73		63[and gives birth] or in postpartum recovery, including the reporting requirements in Subsection
67	74		6464-13-45(2)(c).
68	75		65 (4) (a) Except as provided in Subsection (4)(b), the expense incurred in providing the
69	76		66services required by this section to prisoners shall be paid from the county treasury, except as
70	77		67provided in Section 17-22-10.
71	78		68 (b) The expense incurred in providing the services described in Subsection (1)(d) to
72	79		69prisoners shall be paid by the Department of Health and Human Services.
73	80		70 (5) If the county executive contracts with a private contractor to provide the services
74	81		71required by this section, the sheriff shall provide only those services required of the sheriff by
75	82		72the contract between the county and the private contractor.
76	83		73 Section 2. Section 26B-1-401 is enacted to read:
77	84		74 26B-1-401. Correctional Postnatal and Early Childhood Advisory Board -- Duties
78	85		75-- Rulemaking.
79	86		76 (1) As used in this part:
80	87		77 (a) "Advisory board" means the Correctional Postnatal and Early Childhood Advisory
81	88		78Board.
82	89		79 (b) "Incarcerated mother" means the same as that term is defined in Section
83	90		8064-13-46.5.
84	91		81 (2) The advisory board shall consist of the following members:
85	92		82 (a) two individuals from the Department of Corrections, appointed by the executive
86	93		83director of the Department of Corrections;
87	94		84 (b) one individual appointed by the Board of Pardons and Parole; and
88		-	85 (c) six individuals appointed by the executive director of the department, including: H.B. 429 Enrolled Copy
	95	+	85 (c) six individuals appointed by the executive director of the department, including:
	96	+	86 (i) two individuals from the department with experience in child care licensing;
	97	+	87 (ii) two pediatric healthcare providers; 2nd Sub. (Gray) H.B. 429 02-23-23 9:06 AM
89	98		- 4 -
90		-	86 (i) two individuals from the department with experience in child care licensing;
91		-	87 (ii) two pediatric healthcare providers;
92	99		88 (iii) one individual with expertise in early childhood development; and
93	100		89 (iv) one individual with experience advocating for incarcerated women.
94	101		90 (3) (a) Except as provided in Subsection (3)(b), a member of the advisory board shall
95	102		91be appointed for a four-year term.
96	103		92 (b) A member that is appointed to complete an unexpired term may complete the
97	104		93unexpired term and serve a subsequent four-year term.
98	105		94 (c) Appointments and reappointments may be staggered so that one-fourth of the
99	106		95advisory board changes each year.
100	107		96 (d) The advisory board shall annually elect a chair and co-chair of the board from
101	108		97among the members of the board to serve a two-year term.
102	109		98 (4) The advisory board shall meet at least bi-annually, or more frequently as
103	110		99determined by the executive director, the chair, or three or more members of the advisory
104	111		100board.
105	112		101 (5) A majority of the board constitutes a quorum and a vote of the majority of the
106	113		102members present constitutes an action of the advisory board.
107	114		103 (6) A member of the advisory board may not receive compensation or benefits for the
108	115		104member's service, but may receive per diem and travel expenses as allowed in:
109	116		105 (a) Section 63A-3-106;
110	117		106 (b) Section 63A-3-107; and
111	118		107 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
112	119		10863A-3-107.
113	120		109 (7) The advisory board shall:
114	121		110 (a) review research regarding childhood development and best practices for infants
115	122		111placed in a nursery located within a secure correctional environment;
116	123		112 (b) as part of the advisory board's review of research under Subsection (7)(a), study the
117		-	113benefits of having a nursery for infants and incarcerated mothers located within a secure Enrolled Copy H.B. 429
118		-	- 5 -
	124	+	113benefits of having a nursery for infants and incarcerated mothers located within a secure
119	125		114correctional environment and the benefits of placing an infant or incarcerated mother in a
120	126		115diversion program removed from a secure correctional environment;
121	127		116 (c) study the costs of implementing a diversion program for infants and incarcerated
122	128		117mothers removed from a secure correctional environment;
123		-	118 (d) create a provisional plan for implementing a diversion program for infants and
	129	+	118 (d) create a provisional plan for implementing a diversion program for infants and 02-23-23 9:06 AM 2nd Sub. (Gray) H.B. 429
	130	+	- 5 - Senate 3rd Reading Amendments 3-3-2023 lp/sl
124	131		119incarcerated mothers removed from a secure correctional environment; and
125	132		120 (e) advise and make recommendations to the department regarding rules and policies
126	133		121for any nursery established by the Department of Corrections to provide space for incarcerated
127	134		122mothers and infants.
128	135		123 (8) The advisory board, upon request from the Department of Corrections, may:
129	136		124 (a) after considering the specific circumstances of an infant and the infant's
130	137		125incarcerated mother, extend the age that qualifies the infant for a nursery under Subsection
131	138		12664-13-46.5(2) up to 24 months old if:
132	139		127 (i) the extension is in the best interest of the infant; and
133	140		128 (ii) without the extension the infant would be separated from the incarcerated mother
134	141		129while the incarcerated mother remains in the correctional facility; or
135	142		130 (b) allow an incarcerated mother who has committed a violent felony to be provided
136	143		131space in a nursery if it is in the best interest of the incarcerated mother's infant.
137	144		132 (9) On or before November 30, 2024, the advisory board shall provide a report of the
138	145		133advisory board's research and study under Subsections (7)(a) through (d), including any
139	146		134proposed legislation, to:
140	147		135 (a) the Law Enforcement and Criminal Justice Interim Committee; and
141	148		136 (b) the Executive Offices and Criminal Justice Appropriations Subcommittee.
142	149		137 (10) The department shall:
143	150		138 (a) after receiving recommendations from the advisory board under Subsection (7)(e),
144	151		139adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
145	152		140certification of a nursery established in a secure correctional environment that address:
146		-	141 (i) the safety of the nursery for infants and incarcerated mothers; H.B. 429 Enrolled Copy
147		-	- 6 -
	153	+	141 (i) the safety of the nursery for infants and incarcerated mothers;
148	154		142 (ii) the childhood development needs of the infants in the nursery;
149	155		143 (iii) the specific medical needs of the infants and incarcerated mothers in the nursery;
150	156		144 (iv) the appropriate needs of the incarcerated mothers in the nursery; and
151	157		145 (v) any other requirements recommended by the advisory board that the department
152	158		146deems necessary for the nursery; and
153		-	147 (b) certify that any nursery established by the Department of Corrections is in
154		-	148compliance with the rules established under this section before the nursery begins operations.
155		-	149 (11) The department may make rules in accordance with Title 63G, Chapter 3, Utah
	159	+	147 (b) certify that any nursery established by the Öº [department] Department of
	160	+	147aCorrections »Ö is in compliance with the
	161	+	148rules established under this section before the nursery begins operations.
	162	+	149 (11) The department may make rules in accordance with Title 63G, Chapter 3, Utah 2nd Sub. (Gray) H.B. 429 02-23-23 9:06 AM
	163	+	- 6 -
156	164		150Administrative Rulemaking Act, regarding corrective action, including closure of a nursery
157	165		151established by the Department of Corrections, if the Department of Corrections fails to comply
158	166		152with the rules established under this section.
159	167		153 Section 3. Section 63I-1-226 is amended to read:
160	168		154 63I-1-226. Repeal dates: Title 26 through 26B.
161	169		155 (1) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
162	170		1561, 2025.
163	171		157 (2) Section 26-1-40 is repealed July 1, 2022.
164	172		158 (3) Section 26-1-41 is repealed July 1, 2026.
165	173		159 (4) Section 26-1-43 is repealed December 31, 2025.
166	174		160 (5) Section 26-7-10 is repealed July 1, 2025.
167	175		161 (6) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
168	176		1622028.
169	177		163 (7) Section 26-7-14 is repealed December 31, 2027.
170	178		164 (8) Section 26-8a-603 is repealed July 1, 2027.
171	179		165 (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
172	180		1661, 2025.
173	181		167 (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
174	182		168is repealed July 1, 2026.
175		-	169 (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed Enrolled Copy H.B. 429
176		-	- 7 -
	183	+	169 (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
177	184		170July 1, 2025.
178	185		171 (12) Subsection 26-15c-104(3), relating to a limitation on the number of
179	186		172microenterprise home kitchen permits that may be issued, is repealed July 1, 2022.
180	187		173 (13) Subsection 26-18-2.6(9), which addresses reimbursement for dental hygienists, is
181	188		174repealed July 1, 2028.
182	189		175 (14) Section 26-18-27 is repealed July 1, 2025.
183	190		176 (15) Section 26-18-28 is repealed June 30, 2027.
184	191		177 (16) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
185	192		1782027.
186	193		179 (17) Subsection 26-18-418(2), the language that states "and the Behavioral Health
187		-	180Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
	194	+	180Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023. 02-23-23 9:06 AM 2nd Sub. (Gray) H.B. 429
	195	+	- 7 -
188	196		181 (18) Section 26-33a-117 is repealed December 31, 2023.
189	197		182 (19) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
190	198		183 (20) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
191	199		1842024.
192	200		185 (21) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
193	201		186July 1, 2024.
194	202		187 (22) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
195	203		188 (23) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
196	204		189Committee, is repealed July 1, 2024.
197	205		190 (24) Section 26-39-405, Drinking water quality in child care centers, is repealed July 1,
198	206		1912027.
199	207		192 (25) Section 26-40-104, which creates the Utah Children's Health Insurance Program
200	208		193Advisory Council, is repealed July 1, 2025.
201	209		194 (26) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
202	210		195Committee, is repealed July 1, 2025.
203	211		196 (27) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
204		-	197Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025. H.B. 429 Enrolled Copy
205		-	- 8 -
	212	+	197Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
206	213		198 (28) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed July 1,
207	214		1992026.
208	215		200 (29) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July 1,
209	216		2012024.
210	217		202 (30) Section 26-69-406 is repealed July 1, 2025.
211	218		203 (31) Subsection 26B-1-204(2)(i), related to the Residential Child Care Licensing
212	219		204Advisory Committee, is repealed July 1, 2024.
213	220		205 (32) Subsection 26B-1-204(2)(k), related to the Primary Care Grant Committee, is
214	221		206repealed July 1, 2025.
215	222		207 (33) Section 26B-1-401, regarding the Correctional Postnatal and Early Childhood
216	223		208Advisory Board, is repealed July 1, 2026.
217	224		209 Section 4. Section 63I-1-264 is enacted to read:
218	225		210 63I-1-264. Repeal dates: Title 64.
219		-	211 Section 64-13-46.5, Correctional Facility Nursery, is repealed July 1, 2026.
	226	+	211 Section 64-13-46.5, Correctional Facility Nursery, is repealed July 1, 2026. 2nd Sub. (Gray) H.B. 429 02-23-23 9:06 AM
	227	+	- 8 -
220	228		212 Section 5. Section 64-13-46 is amended to read:
221	229		213 64-13-46. Pregnant inmates.
222	230		214 (1) As used in this section:
223	231		215 (a) "Postpartum recovery" means, as determined by the pregnant inmate's physician,
224	232		216the period immediately following delivery, including the entire period the inmate is in the
225	233		217hospital or health care facility after birth.
226	234		218 (b) "Restraints" means any physical restraint or mechanical device used to control the
227	235		219movement of an inmate's body or limbs, including flex cuffs, soft restraints, shackles, or a
228	236		220convex shield.
229	237		221 (c) (i) "Shackles" means metal restraints, including leg irons, belly chains, or a security
230	238		222or tether chain.
231	239		223 (ii) "Shackles" does not include hard metal handcuffs.
232	240		224 [(1) If] (2) Subject to Subsections (3) and (4), if the staff of a correctional facility
233		-	225knows or has reason to believe that an inmate is pregnant or is in postpartum recovery, the staff Enrolled Copy H.B. 429
234		-	- 9 -
	241	+	225knows or has reason to believe that an inmate is pregnant or is in postpartum recovery, the staff
235	242		226shall, when restraining the inmate[, shall] at any time or location, use the least restrictive
236	243		227restraints necessary to ensure the safety and security of the inmate and others. [This
237	244		228requirement shall continue during postpartum recovery and any transport to or from a
238	245		229correctional facility.]
239	246		230 [(2) The staff of a correctional facility]
240	247		231 (3) A correctional staff member may not use restraints on an inmate during the third
241	248		232trimester of pregnancy, labor [and], or childbirth unless a correctional staff member makes an
242	249		233individualized determination that there are compelling grounds to believe that the inmate
243	250		234presents:
244	251		235 (a) an immediate and serious risk of harm to [herself] the inmate, the inmate's infant,
245	252		236medical staff, correctional staff, or the public; or
246	253		237 (b) a substantial risk of escape that cannot reasonably be reduced by the use of other
247	254		238existing means.
248	255		239 [(3)] (4) Notwithstanding Subsection [(1) or (2)] (3), under no circumstances may
249	256		240shackles, leg restraints, or waist restraints be used on an inmate during the third trimester of
250	257		241pregnancy, labor [and], childbirth, or postpartum recovery [while in a medical facility].
251		-	242 [(4)] (5) Correctional staff present during labor or childbirth shall:
	258	+	242 [(4)] (5) Correctional staff present during labor or childbirth shall: 02-23-23 9:06 AM 2nd Sub. (Gray) H.B. 429
	259	+	- 9 -
252	260		243 (a) be stationed in a location that offers the maximum privacy to the inmate, while
253	261		244taking into consideration safety and security concerns; and
254	262		245 (b) be female, if practicable.
255	263		246 [(5) If restraints are authorized under Subsection (1) or (2)]
256	264		247 (6) If a correctional staff member authorizes restraints under Subsection (2) or (3), the
257	265		248correctional staff member shall make a written record of the [decision] authorization and use of
258	266		249the restraints [shall be made] that includes:
259	267		250 (a) an explanation of the grounds for the correctional staff member's [determination]
260	268		251authorization on the use of restraints;
261	269		252 [(b) the circumstances that necessitated the use of restraints;]
262		-	253 [(c)] (b) the type of restraints that were used; and H.B. 429 Enrolled Copy
263		-	- 10 -
	270	+	253 [(c)] (b) the type of restraints that were used; and
264	271		254 [(d)] (c) the length of time the restraints were used.
265	272		255 [(6)] (7) The record [created] described in Subsection [(5)] (6):
266	273		256 (a) shall be retained by the correctional facility for five years;
267	274		257 (b) shall be available for public inspection with individually identifying information
268	275		258redacted; and
269	276		259 (c) may not be considered a medical record under state or federal law.
270	277		260 (8) For a minimum of 48 hours after an inmate has given birth, a correctional facility
271	278		261shall, if directed by the inmate's physician, allow the infant to remain with the inmate at the
272	279		262health care facility.
273	280		263 (9) A correctional facility shall provide:
274	281		264 (a) an inmate who is pregnant, or who has given birth within the past six weeks, access
275	282		265to a social worker to help the inmate:
276	283		266 (i) arrange childcare;
277	284		267 (ii) establish a reunification plan; and
278	285		268 (iii) establish a substance abuse treatment plan, if needed; and
279	286		269 (b) an inmate in postpartum recovery access to postpartum care for up to 12 weeks as
280	287		270determined by the inmate's physician.
281	288		271 [(7) As used in this section:]
282	289		272 [(a) "Postpartum recovery" means, as determined by her physician, the period
283		-	273immediately following delivery, including the entire period a woman is in the hospital or
	290	+	273immediately following delivery, including the entire period a woman is in the hospital or 2nd Sub. (Gray) H.B. 429 02-23-23 9:06 AM
	291	+	- 10 -
284	292		274medical facility after birth.]
285	293		275 [(b) "Restraints" means any physical restraint or mechanical device used to control the
286	294		276movement of an inmate's body or limbs, including flex cuffs, soft restraints, shackles, or a
287	295		277convex shield.]
288	296		278 [(c) "Shackles" means metal or iron restraints and includes hard metal handcuffs, leg
289	297		279irons, belly chains, or a security or tether chain.]
290	298		280 Section 6. Section 64-13-46.5 is enacted to read:
291		-	281 64-13-46.5. Correctional facility nursery. Enrolled Copy H.B. 429
292		-	- 11 -
	299	+	281 64-13-46.5. Correctional facility nursery.
293	300		282 (1) As used in this section:
294	301		283 (a) "Incarcerated mother" means an inmate who gives birth after entering the
295	302		284department's custody.
296	303		285 (b) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
297	304		286 (2) If, using existing appropriations, the department creates a nursery in a correctional
298	305		287facility to provide space for incarcerated mothers and infants, the department may not:
299	306		288 (a) subject to Subsection (4)(a)(i), provide space in a nursery for an infant 19 months
300	307		289old or older;
301	308		290 (b) begin or continue operating the nursery unless the Department of Health and
302	309		291Human Services certifies that the nursery is in compliance with the rules established under
303	310		292Section 26B-1-401; or
304	311		293 (c) subject to Subsection (4)(a)(ii), provide space in a nursery established by the
305	312		294department for an incarcerated mother who has been convicted of, or has charges pending for, a
306	313		295violent felony, including attempt, solicitation, or conspiracy to commit the violent felony.
307	314		296 (3) If the department establishes a nursery under Subsection (2), the department shall
308	315		297ensure that at least one administrator of the nursery has experience or training in early
309	316		298childhood development.
310	317		299 (4) The department may:
311	318		300 (a) in accordance with Section 26B-1-401, request that the Correctional Postnatal and
312	319		301Early Childhood Advisory Board authorize:
313	320		302 (i) an infant who is 24 months old or younger to remain in a nursery; or
314	321		303 (ii) an incarcerated mother who has committed a violent felony to be provided space in
315		-	304a nursery; and
	322	+	304a nursery; and 02-23-23 9:06 AM 2nd Sub. (Gray) H.B. 429
	323	+	- 11 -
316	324		305 (b) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
317	325		306Rulemaking Act, regarding the eligibility requirements for an incarcerated mother to enter any
318	326		307nursery established by the department.