Utah 2023 Regular Session

Utah House Bill HB0429 Compare Versions

OldNewDifferences
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:
28 1 PREGNANT AND POSTPARTUM I NMATE AMENDMENTS
39 2 2023 GENERAL SESSION
410 3 STATE OF UTAH
511 4 Chief Sponsor: Candice B. Pierucci
612 5 Senate Sponsor: Stephanie Pitcher
713 6
814 7LONG TITLE
915 8General Description:
1016 9 This bill amends requirements relating to pregnant and postpartum inmates.
1117 10Highlighted Provisions:
1218 11 This bill:
1319 12 <defines terms;
1420 13 <specifies that if the Department of Corrections creates a nursery, the nursery is
1521 14subject to rules established by the Department of Health and Human Services;
1622 15 <establishes the Correctional Postnatal and Early Childhood Advisory Board (board);
1723 16 <provides that the Department of Health and Human Services shall, after consulting
1824 17with the board, make rules governing any nursery established by the Department of
1925 18Corrections;
2026 19 <modifies requirements relating to the use of restraints on a pregnant inmate;
2127 20 <requires access to postpartum care and certain social services for an inmate who has
2228 21recently given birth;
2329 22 <includes a sunset date; and
2430 23 <makes technical changes.
2531 24Money Appropriated in this Bill:
2632 25 None
33+*HB0429S02* 2nd Sub. (Gray) H.B. 429 02-23-23 9:06 AM
34+- 2 -
2735 26Other Special Clauses:
2836 27 None
2937 28Utah Code Sections Affected:
30-29AMENDS: H.B. 429 Enrolled Copy
31-- 2 -
38+29AMENDS:
3239 30 17-22-8, as last amended by Laws of Utah 2022, Chapter 123
3340 31 63I-1-226, as last amended by Laws of Utah 2022, Chapters 194, 206, 224, 253, 255,
3441 32347, and 451
3542 33 64-13-46, as enacted by Laws of Utah 2019, Chapter 385
3643 34ENACTS:
3744 35 26B-1-401, Utah Code Annotated 1953
3845 36 63I-1-264, Utah Code Annotated 1953
3946 37 64-13-46.5, Utah Code Annotated 1953
4047 38
4148 39Be it enacted by the Legislature of the state of Utah:
4249 40 Section 1. Section 17-22-8 is amended to read:
4350 41 17-22-8. Care of prisoners -- Funding of services -- Private contractor.
4451 42 (1) Except as provided in Subsection (5), a sheriff shall:
4552 43 (a) receive each individual committed to jail by competent authority;
4653 44 (b) provide each prisoner with necessary food, clothing, and bedding in the manner
4754 45prescribed by the county legislative body;
4855 46 (c) provide each prisoner medical care when:
4956 47 (i) the prisoner's symptoms evidence a serious disease or injury;
5057 48 (ii) the prisoner's disease or injury is curable or may be substantially alleviated; and
5158 49 (iii) the potential for harm to the person by reason of delay or the denial of medical
5259 50care would be substantial; and
5360 51 (d) provide each prisoner, as part of the intake process, with the option of continuing
5461 52any of the following medically prescribed methods of contraception:
5562 53 (i) an oral contraceptive;
5663 54 (ii) an injectable contraceptive;
5764 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
6066 - 3 -
67+57 (v) an intrauterine device, if the prisoner was prescribed the intrauterine device because
6168 58the prisoner experiences serious and persistent adverse effects when using the methods of
6269 59contraception described in Subsections (1)(d)(i) and (ii).
6370 60 (2) A sheriff may provide the generic form of a contraceptive described in Subsection
6471 61(1)(d)(i) or (ii).
6572 62 (3) A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is pregnant
6673 63[and gives birth] or in postpartum recovery, including the reporting requirements in Subsection
6774 6464-13-45(2)(c).
6875 65 (4) (a) Except as provided in Subsection (4)(b), the expense incurred in providing the
6976 66services required by this section to prisoners shall be paid from the county treasury, except as
7077 67provided in Section 17-22-10.
7178 68 (b) The expense incurred in providing the services described in Subsection (1)(d) to
7279 69prisoners shall be paid by the Department of Health and Human Services.
7380 70 (5) If the county executive contracts with a private contractor to provide the services
7481 71required by this section, the sheriff shall provide only those services required of the sheriff by
7582 72the contract between the county and the private contractor.
7683 73 Section 2. Section 26B-1-401 is enacted to read:
7784 74 26B-1-401. Correctional Postnatal and Early Childhood Advisory Board -- Duties
7885 75-- Rulemaking.
7986 76 (1) As used in this part:
8087 77 (a) "Advisory board" means the Correctional Postnatal and Early Childhood Advisory
8188 78Board.
8289 79 (b) "Incarcerated mother" means the same as that term is defined in Section
8390 8064-13-46.5.
8491 81 (2) The advisory board shall consist of the following members:
8592 82 (a) two individuals from the Department of Corrections, appointed by the executive
8693 83director of the Department of Corrections;
8794 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
8998 - 4 -
90-86 (i) two individuals from the department with experience in child care licensing;
91-87 (ii) two pediatric healthcare providers;
9299 88 (iii) one individual with expertise in early childhood development; and
93100 89 (iv) one individual with experience advocating for incarcerated women.
94101 90 (3) (a) Except as provided in Subsection (3)(b), a member of the advisory board shall
95102 91be appointed for a four-year term.
96103 92 (b) A member that is appointed to complete an unexpired term may complete the
97104 93unexpired term and serve a subsequent four-year term.
98105 94 (c) Appointments and reappointments may be staggered so that one-fourth of the
99106 95advisory board changes each year.
100107 96 (d) The advisory board shall annually elect a chair and co-chair of the board from
101108 97among the members of the board to serve a two-year term.
102109 98 (4) The advisory board shall meet at least bi-annually, or more frequently as
103110 99determined by the executive director, the chair, or three or more members of the advisory
104111 100board.
105112 101 (5) A majority of the board constitutes a quorum and a vote of the majority of the
106113 102members present constitutes an action of the advisory board.
107114 103 (6) A member of the advisory board may not receive compensation or benefits for the
108115 104member's service, but may receive per diem and travel expenses as allowed in:
109116 105 (a) Section 63A-3-106;
110117 106 (b) Section 63A-3-107; and
111118 107 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
112119 10863A-3-107.
113120 109 (7) The advisory board shall:
114121 110 (a) review research regarding childhood development and best practices for infants
115122 111placed in a nursery located within a secure correctional environment;
116123 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
119125 114correctional environment and the benefits of placing an infant or incarcerated mother in a
120126 115diversion program removed from a secure correctional environment;
121127 116 (c) study the costs of implementing a diversion program for infants and incarcerated
122128 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
124131 119incarcerated mothers removed from a secure correctional environment; and
125132 120 (e) advise and make recommendations to the department regarding rules and policies
126133 121for any nursery established by the Department of Corrections to provide space for incarcerated
127134 122mothers and infants.
128135 123 (8) The advisory board, upon request from the Department of Corrections, may:
129136 124 (a) after considering the specific circumstances of an infant and the infant's
130137 125incarcerated mother, extend the age that qualifies the infant for a nursery under Subsection
131138 12664-13-46.5(2) up to 24 months old if:
132139 127 (i) the extension is in the best interest of the infant; and
133140 128 (ii) without the extension the infant would be separated from the incarcerated mother
134141 129while the incarcerated mother remains in the correctional facility; or
135142 130 (b) allow an incarcerated mother who has committed a violent felony to be provided
136143 131space in a nursery if it is in the best interest of the incarcerated mother's infant.
137144 132 (9) On or before November 30, 2024, the advisory board shall provide a report of the
138145 133advisory board's research and study under Subsections (7)(a) through (d), including any
139146 134proposed legislation, to:
140147 135 (a) the Law Enforcement and Criminal Justice Interim Committee; and
141148 136 (b) the Executive Offices and Criminal Justice Appropriations Subcommittee.
142149 137 (10) The department shall:
143150 138 (a) after receiving recommendations from the advisory board under Subsection (7)(e),
144151 139adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
145152 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;
148154 142 (ii) the childhood development needs of the infants in the nursery;
149155 143 (iii) the specific medical needs of the infants and incarcerated mothers in the nursery;
150156 144 (iv) the appropriate needs of the incarcerated mothers in the nursery; and
151157 145 (v) any other requirements recommended by the advisory board that the department
152158 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 -
156164 150Administrative Rulemaking Act, regarding corrective action, including closure of a nursery
157165 151established by the Department of Corrections, if the Department of Corrections fails to comply
158166 152with the rules established under this section.
159167 153 Section 3. Section 63I-1-226 is amended to read:
160168 154 63I-1-226. Repeal dates: Title 26 through 26B.
161169 155 (1) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
162170 1561, 2025.
163171 157 (2) Section 26-1-40 is repealed July 1, 2022.
164172 158 (3) Section 26-1-41 is repealed July 1, 2026.
165173 159 (4) Section 26-1-43 is repealed December 31, 2025.
166174 160 (5) Section 26-7-10 is repealed July 1, 2025.
167175 161 (6) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
168176 1622028.
169177 163 (7) Section 26-7-14 is repealed December 31, 2027.
170178 164 (8) Section 26-8a-603 is repealed July 1, 2027.
171179 165 (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
172180 1661, 2025.
173181 167 (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
174182 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
177184 170July 1, 2025.
178185 171 (12) Subsection 26-15c-104(3), relating to a limitation on the number of
179186 172microenterprise home kitchen permits that may be issued, is repealed July 1, 2022.
180187 173 (13) Subsection 26-18-2.6(9), which addresses reimbursement for dental hygienists, is
181188 174repealed July 1, 2028.
182189 175 (14) Section 26-18-27 is repealed July 1, 2025.
183190 176 (15) Section 26-18-28 is repealed June 30, 2027.
184191 177 (16) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
185192 1782027.
186193 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 -
188196 181 (18) Section 26-33a-117 is repealed December 31, 2023.
189197 182 (19) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
190198 183 (20) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
191199 1842024.
192200 185 (21) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
193201 186July 1, 2024.
194202 187 (22) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
195203 188 (23) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
196204 189Committee, is repealed July 1, 2024.
197205 190 (24) Section 26-39-405, Drinking water quality in child care centers, is repealed July 1,
198206 1912027.
199207 192 (25) Section 26-40-104, which creates the Utah Children's Health Insurance Program
200208 193Advisory Council, is repealed July 1, 2025.
201209 194 (26) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
202210 195Committee, is repealed July 1, 2025.
203211 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.
206213 198 (28) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed July 1,
207214 1992026.
208215 200 (29) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July 1,
209216 2012024.
210217 202 (30) Section 26-69-406 is repealed July 1, 2025.
211218 203 (31) Subsection 26B-1-204(2)(i), related to the Residential Child Care Licensing
212219 204Advisory Committee, is repealed July 1, 2024.
213220 205 (32) Subsection 26B-1-204(2)(k), related to the Primary Care Grant Committee, is
214221 206repealed July 1, 2025.
215222 207 (33) Section 26B-1-401, regarding the Correctional Postnatal and Early Childhood
216223 208Advisory Board, is repealed July 1, 2026.
217224 209 Section 4. Section 63I-1-264 is enacted to read:
218225 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 -
220228 212 Section 5. Section 64-13-46 is amended to read:
221229 213 64-13-46. Pregnant inmates.
222230 214 (1) As used in this section:
223231 215 (a) "Postpartum recovery" means, as determined by the pregnant inmate's physician,
224232 216the period immediately following delivery, including the entire period the inmate is in the
225233 217hospital or health care facility after birth.
226234 218 (b) "Restraints" means any physical restraint or mechanical device used to control the
227235 219movement of an inmate's body or limbs, including flex cuffs, soft restraints, shackles, or a
228236 220convex shield.
229237 221 (c) (i) "Shackles" means metal restraints, including leg irons, belly chains, or a security
230238 222or tether chain.
231239 223 (ii) "Shackles" does not include hard metal handcuffs.
232240 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
235242 226shall, when restraining the inmate[, shall] at any time or location, use the least restrictive
236243 227restraints necessary to ensure the safety and security of the inmate and others. [This
237244 228requirement shall continue during postpartum recovery and any transport to or from a
238245 229correctional facility.]
239246 230 [(2) The staff of a correctional facility]
240247 231 (3) A correctional staff member may not use restraints on an inmate during the third
241248 232trimester of pregnancy, labor [and], or childbirth unless a correctional staff member makes an
242249 233individualized determination that there are compelling grounds to believe that the inmate
243250 234presents:
244251 235 (a) an immediate and serious risk of harm to [herself] the inmate, the inmate's infant,
245252 236medical staff, correctional staff, or the public; or
246253 237 (b) a substantial risk of escape that cannot reasonably be reduced by the use of other
247254 238existing means.
248255 239 [(3)] (4) Notwithstanding Subsection [(1) or (2)] (3), under no circumstances may
249256 240shackles, leg restraints, or waist restraints be used on an inmate during the third trimester of
250257 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 -
252260 243 (a) be stationed in a location that offers the maximum privacy to the inmate, while
253261 244taking into consideration safety and security concerns; and
254262 245 (b) be female, if practicable.
255263 246 [(5) If restraints are authorized under Subsection (1) or (2)]
256264 247 (6) If a correctional staff member authorizes restraints under Subsection (2) or (3), the
257265 248correctional staff member shall make a written record of the [decision] authorization and use of
258266 249the restraints [shall be made] that includes:
259267 250 (a) an explanation of the grounds for the correctional staff member's [determination]
260268 251authorization on the use of restraints;
261269 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
264271 254 [(d)] (c) the length of time the restraints were used.
265272 255 [(6)] (7) The record [created] described in Subsection [(5)] (6):
266273 256 (a) shall be retained by the correctional facility for five years;
267274 257 (b) shall be available for public inspection with individually identifying information
268275 258redacted; and
269276 259 (c) may not be considered a medical record under state or federal law.
270277 260 (8) For a minimum of 48 hours after an inmate has given birth, a correctional facility
271278 261shall, if directed by the inmate's physician, allow the infant to remain with the inmate at the
272279 262health care facility.
273280 263 (9) A correctional facility shall provide:
274281 264 (a) an inmate who is pregnant, or who has given birth within the past six weeks, access
275282 265to a social worker to help the inmate:
276283 266 (i) arrange childcare;
277284 267 (ii) establish a reunification plan; and
278285 268 (iii) establish a substance abuse treatment plan, if needed; and
279286 269 (b) an inmate in postpartum recovery access to postpartum care for up to 12 weeks as
280287 270determined by the inmate's physician.
281288 271 [(7) As used in this section:]
282289 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 -
284292 274medical facility after birth.]
285293 275 [(b) "Restraints" means any physical restraint or mechanical device used to control the
286294 276movement of an inmate's body or limbs, including flex cuffs, soft restraints, shackles, or a
287295 277convex shield.]
288296 278 [(c) "Shackles" means metal or iron restraints and includes hard metal handcuffs, leg
289297 279irons, belly chains, or a security or tether chain.]
290298 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.
293300 282 (1) As used in this section:
294301 283 (a) "Incarcerated mother" means an inmate who gives birth after entering the
295302 284department's custody.
296303 285 (b) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
297304 286 (2) If, using existing appropriations, the department creates a nursery in a correctional
298305 287facility to provide space for incarcerated mothers and infants, the department may not:
299306 288 (a) subject to Subsection (4)(a)(i), provide space in a nursery for an infant 19 months
300307 289old or older;
301308 290 (b) begin or continue operating the nursery unless the Department of Health and
302309 291Human Services certifies that the nursery is in compliance with the rules established under
303310 292Section 26B-1-401; or
304311 293 (c) subject to Subsection (4)(a)(ii), provide space in a nursery established by the
305312 294department for an incarcerated mother who has been convicted of, or has charges pending for, a
306313 295violent felony, including attempt, solicitation, or conspiracy to commit the violent felony.
307314 296 (3) If the department establishes a nursery under Subsection (2), the department shall
308315 297ensure that at least one administrator of the nursery has experience or training in early
309316 298childhood development.
310317 299 (4) The department may:
311318 300 (a) in accordance with Section 26B-1-401, request that the Correctional Postnatal and
312319 301Early Childhood Advisory Board authorize:
313320 302 (i) an infant who is 24 months old or younger to remain in a nursery; or
314321 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 -
316324 305 (b) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
317325 306Rulemaking Act, regarding the eligibility requirements for an incarcerated mother to enter any
318326 307nursery established by the department.