Enrolled Copy H.B. 252
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State Custody Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: Derrin R. Owens
Cosponsor: Jon Hawkins Michael J. Petersen
Tyler Clancy Jason B. Kyle Ryan D. Wilcox
Matthew H. Gwynn Trevor Lee
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LONG TITLE
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General Description:
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This bill amends provisions related to individuals in state custody.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ enacts provisions related to treatments government entities may provide to individuals in
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state custody;
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▸ amends housing provisions related to youth juvenile detention and secure care facilities;
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▸ amends criminal laws related to improper relationships with individuals in state custody;
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and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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17-22-8, as last amended by Laws of Utah 2023, Chapters 119, 420
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76-5-413, as last amended by Laws of Utah 2024, Chapter 240
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80-5-102, as last amended by Laws of Utah 2024, Chapter 240 H.B. 252 Enrolled Copy
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80-5-501, as renumbered and amended by Laws of Utah 2021, Chapter 261
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80-5-503, as renumbered and amended by Laws of Utah 2021, Chapter 261
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ENACTS:
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17-22-8.2, Utah Code Annotated 1953
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26B-4-901, Utah Code Annotated 1953
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26B-4-903, Utah Code Annotated 1953
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80-5-209, Utah Code Annotated 1953
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RENUMBERS AND AMENDS:
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26B-4-902, (Renumbered from 26B-4-325, as last amended by Laws of Utah 2024,
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Chapter 266)
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 17-22-8 is amended to read:
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17-22-8 . Care of prisoners -- Funding of services -- Private contractor.
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(1) As used in this section, "medication assisted treatment plan" means a prescription plan
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to use buprenorphine, methadone, or naltrexone to treat substance use withdrawal
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symptoms or an opioid use disorder.
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(2) Except as provided in Subsection (7), a sheriff shall:
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(a) receive each individual committed to jail by competent authority;
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(b) provide each prisoner with necessary food, clothing, and bedding in the manner
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prescribed by the county legislative body;
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(c) subject to Section 17-22-8.2, provide each prisoner medical care when:
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(i) the prisoner's symptoms evidence a serious disease or injury;
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(ii) the prisoner's disease or injury is curable or may be substantially alleviated; and
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(iii) the potential for harm to the person by reason of delay or the denial of medical
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care would be substantial;
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(d) provide each prisoner, as part of the intake process, with the option of continuing any
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of the following medically prescribed methods of contraception:
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(i) an oral contraceptive;
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(ii) an injectable contraceptive;
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(iii) a patch;
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(iv) a vaginal ring; or
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(v) an intrauterine device, if the prisoner was prescribed the intrauterine device
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because the prisoner experiences serious and persistent adverse effects when using
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the methods of contraception described in Subsections (2)(d)(i) and (ii); and
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(e) cooperate with medical personnel to continue a medication assisted treatment plan
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for an inmate if the inmate was an active client before arrest and commitment.
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(3) A sheriff may provide the generic form of a contraceptive described in Subsection
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(2)(d)(i) or (ii).
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(4) A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is pregnant or in
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postpartum recovery, including the reporting requirements in Subsection 64-13-45(2)(c).
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(5)(a) Except as provided in Section 17-22-10 and Subsection (5)(b), the expense
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incurred in providing the services required by this section to prisoners shall be paid
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from the county treasury.
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(b) The expense incurred in providing the services described in Subsection (2)(d) to
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prisoners shall be paid by the Department of Health and Human Services.
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(6) A medication used for a medication assisted treatment plan under Subsection (2)(e):
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(a) shall be administered to an inmate in accordance with the inmate's prescription under
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the direction of the sheriff;
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(b) may be paid for by a county; and
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(c) may be left or stored at a jail at the discretion of the sheriff.
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(7) If the county executive contracts with a private contractor to provide the services
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required by this section, the sheriff shall provide only those services required of the
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sheriff by the contract between the county and the private contractor.
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Section 2. Section 17-22-8.2 is enacted to read:
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17-22-8.2 . Jail health care.
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(1) As used in this section:
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(a) "Cross-sex hormone treatment" means the same as that term is defined in Section
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26B-4-901.
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(b) "Primary sex characteristic surgical procedure" means the same as that term is
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defined in Section 26B-4-901.
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(c) "Secondary sex characteristic surgical procedure" means the same as that term is
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defined in Section 26B-4-901.
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(2) A sheriff may not initiate any of the following procedures or treatments for a prisoner:
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(a) a cross-sex hormone treatment;
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(b) a primary sex characteristic surgical procedure; or
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(c) a secondary sex characteristic surgical procedure.
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(3) Subject to Subsection (1) and Section 17-22-5, to treat a prisoner's gender dysphoria and
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any co-occurring mental health disorder, the sheriff may provide psychotherapy, mental
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health care, or any other necessary and appropriate treatment.
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Section 3. Section 26B-4-901 is enacted to read:
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Part 9. Inmate Health
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26B-4-901 . Definitions.
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As used in this part:
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(1) "Correctional facility" means a facility operated to house inmates in a secure or
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nonsecure setting:
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(a) by the Department of Corrections; or
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(b) under a contract with the Department of Corrections.
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(2) "Cross-sex hormone treatment" means administering, prescribing, or supplying for
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effectuating or facilitating an individual's attempted sex change:
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(a) to an individual whose biological sex at birth is female, a dose of testosterone or
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other androgens at levels above those normally found in an individual whose
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biological sex at birth is female; or
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(b) to an individual whose biological sex at birth is male, a dose of estrogen or a
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synthetic compound with estrogenic activity or effect at levels above those normally
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found in an individual whose biological sex at birth is male.
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(3) "Health care facility" means the same as that term is defined in Section 26B-2-201.
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(4) "Inmate" means an individual who is:
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(a) committed to the custody of the Department of Corrections; and
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(b) housed at a correctional facility or at a county jail at the request of the Department of
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Corrections.
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(5) "Medical monitoring technology" means a device, application, or other technology that
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can be used to improve health outcomes and the experience of care for patients,
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including evidence-based clinically evaluated software and devices that can be used to
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monitor and treat diseases and disorders.
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(6)(a) "Primary sex characteristic surgical procedure" means any of the following if
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done for the purpose of effectuating or facilitating an individual's attempted sex
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change:
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(i) for an individual whose biological sex at birth is male, castration, orchiectomy,
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penectomy, vaginoplasty, or vulvoplasty;
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(ii) for an individual whose biological sex at birth is female, hysterectomy,
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oophorectomy, metoidioplasty, or phalloplasty; or
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(iii) any surgical procedure that is related to or necessary for a procedure described in
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Subsection (6)(a)(i) or (ii), that would result in the sterilization of an individual
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who is not sterile.
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(b) "Primary sex characteristic surgical procedure" does not include:
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(i) surgery or other procedures or treatments performed on an individual who:
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(A) is born with external biological sex characteristics that are irresolvably
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ambiguous;
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(B) is born with 46, XX chromosomes with virilization;
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(C) is born with 46, XY chromosomes with undervirilization;
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(D) has both ovarian and testicular tissue; or
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(E) has been diagnosed by a physician, based on genetic or biochemical testing,
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with a sex development disorder characterized by abnormal sex chromosome
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structure, sex steroid hormone production, or sex steroid hormone action for a
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male or female; or
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(ii) removing a body part:
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(A) because the body part is cancerous or diseased; or
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(B) for a reason that is medically necessary, other than to effectuate or facilitate an
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individual's attempted sex change.
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(7)(a) "Secondary sex characteristic surgical procedure" means any of the following if
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done for the purpose of effectuating or facilitating an individual's attempted sex
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change:
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(i) for an individual whose biological sex at birth is male, breast augmentation
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surgery, chest feminization surgery, or facial feminization surgery; or
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(ii) for an individual whose biological sex at birth is female, mastectomy, breast
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reduction surgery, chest masculinization surgery, or facial masculinization surgery.
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(b) "Secondary sex characteristic surgical procedure" does not include:
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(i) surgery or other procedures or treatments performed on an individual who:
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(A) is born with external biological sex characteristics that are irresolvably
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ambiguous;
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(B) is born with 46, XX chromosomes with virilization;
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(C) is born with 46, XY chromosomes with undervirilization;
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(D) has both ovarian and testicular tissue; or
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(E) has been diagnosed by a physician, based on genetic or biochemical testing,
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with a sex development disorder characterized by abnormal sex chromosome
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structure, sex steroid hormone production, or sex steroid hormone action for a
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male or female; or
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(ii) removing a body part:
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(A) because the body part is cancerous or diseased; or
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(B) for a reason that is medically necessary, other than to effectuate or facilitate an
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individual's attempted sex change.
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(8) "Terminally ill" means the same as that term is defined in Section 31A-36-102.
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Section 4. Section 26B-4-902, which is renumbered from Section 26B-4-325 is renumbered
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and amended to read:
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[26B-4-325] 26B-4-902 . Medical care for inmates -- Reporting of statistics.
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[As used in this section:]
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[(1) "Correctional facility" means a facility operated to house inmates in a secure or
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nonsecure setting:]
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[(a) by the Department of Corrections; or]
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[(b) under a contract with the Department of Corrections.]
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[(2) "Health care facility" means the same as that term is defined in Section 26B-2-201.]
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[(3) "Inmate" means an individual who is:]
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[(a) committed to the custody of the Department of Corrections; and]
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[(b) housed at a correctional facility or at a county jail at the request of the Department
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of Corrections.]
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[(4) "Medical monitoring technology" means a device, application, or other technology that
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can be used to improve health outcomes and the experience of care for patients,
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including evidence-based clinically evaluated software and devices that can be used to
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monitor and treat diseases and disorders.]
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[(5) "Terminally ill" means the same as that term is defined in Section 31A-36-102.]
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[(6)] (1) The department shall:
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(a) for each health care facility owned or operated by the Department of Corrections,
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assist the Department of Corrections in complying with Section 64-13-39;
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(b) in coordination with the Department of Corrections, and as the Department of
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Correction's agent:
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(i) create policies and procedures for providing comprehensive health care to inmates;
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(ii) provide inmates with comprehensive health care; and
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(iii) develop standard population indicators and performance measures relating to the
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health of inmates; and
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(c) collaborate with the Department of Corrections to comply with Section 64-13-25.1.
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[(7)] (2) In providing the comprehensive health care described in Subsection [(6)(b)(ii)]
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(1)(b)(ii), the department may not, without entering into an agreement with the
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Department of Corrections, provide, operate, or manage any treatment plans for inmates
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that are:
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(a) required to be provided, operated, or managed by the Department of Corrections in
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accordance with Section 64-13-6; and
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(b) not related to the comprehensive health care provided by the department.
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[(8)] (3) Beginning July 1, 2023, and ending June 30, 2024, the department shall:
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(a) evaluate and study the use of medical monitoring technology and create a plan for a
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pilot program that identifies:
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(i) the types of medical monitoring technology that will be used during the pilot
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program; and
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(ii) eligibility for participation in the pilot program; and
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(b) make the indicators and performance measures described in Subsection [(6)(b)(iii)]
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(1)(b)(iii) available to the public through the Department of Corrections and the
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department websites.
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[(9)] (4) Beginning July 1, 2024, and ending June 30, 2029, the department shall implement
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the pilot program.
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[(10)] (5) The department shall submit to the Health and Human Services Interim
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Committee and the Law Enforcement and Criminal Justice Interim Committee:
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(a) a report on or before October 1 of each year regarding the costs and benefits of the
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pilot program;
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(b) a report that summarizes the indicators and performance measures described in
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Subsection [(6)(b)(iii)] (1)(b)(iii) on or before October 1, 2024; and
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(c) an updated report before October 1 of each year that compares the indicators and
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population measures of the most recent year to the initial report described in
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Subsection [(10)(b)] (5)(b).
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[(11)] (6) An inmate receiving comprehensive health care from the department remains in
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the custody of the Department of Corrections.
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Section 5. Section 26B-4-903 is enacted to read:
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26B-4-903 . Requirements for certain treatments for inmates.
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(1) The department may not initiate any of the following procedures or treatments for an
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inmate:
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(a) a cross-sex hormone treatment;
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(b) a primary sex characteristic surgical procedure; or
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(c) a secondary sex characteristic surgical procedure.
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(2) Subject to Subsection (1) and Section 63-14-45, to treat an inmate's gender dysphoria
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and any co-occurring mental health disorder, the department may provide
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psychotherapy, mental health care, or any other necessary and appropriate treatment.
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Section 6. Section 76-5-413 is amended to read:
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76-5-413 . Custodial sexual relations with youth receiving state services --
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Penalties -- Defenses and limitations.
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(1)(a) As used in this section:
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(i) "Actor" means:
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(A) an individual employed by the Department of Health and Human Services
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created in Section 26B-1-201, or an employee of a private provider or
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contractor; or
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(B) an individual employed by the juvenile court of the state, or an employee of a
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private provider or contractor.
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(ii) "Department" means the Department of Health and Human Services created in
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Section 26B-1-201.
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(iii) "Juvenile court" means the juvenile court of the state created in Section
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78A-6-102.
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(iv) "Private provider or contractor" means a person that contracts with the:
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(A) department to provide services or functions that are part of the operation of
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the department; or
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(B) juvenile court to provide services or functions that are part of the operation of
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the juvenile court.
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(v) "Youth receiving state services" means an individual:
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(A) younger than 18 years old, except as provided under Subsection (1)(a)(v)(B),
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who is:
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(I) in the custody of the department under Section 80-6-703; or
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(II) receiving services from any division of the department if any portion of the
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costs of these services is covered by public money; or
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(B) younger than [21] 25 years old:
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(I) who is in the custody of the Division of Juvenile Justice and Youth
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Services, or the Division of Child and Family Services; or
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(II) whose case is under the jurisdiction of the juvenile court.
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(b) Terms defined in Section 76-1-101.5 apply to this section.
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(2)(a) Under circumstances not amounting to an offense listed in Subsection (4), an actor
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commits custodial sexual relations with a youth receiving state services if:
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(i) the actor commits any of the acts described in Subsection (2)(b); and
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(ii)(A) the actor knows that the individual is a youth receiving state services; or
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(B) a reasonable person in the actor's position should have known under the
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circumstances that the individual was a youth receiving state services.
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(b) Acts referred to in Subsection (2)(a)(i) are:
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(i) having sexual intercourse with a youth receiving state services;
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(ii) engaging in any sexual act with a youth receiving state services involving the
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genitals of one individual and the mouth or anus of another individual; or
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(iii)(A) causing the penetration, however slight, of the genital or anal opening of a
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youth receiving state services by any foreign object, substance, instrument, or
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device, including a part of the human body; and
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(B) with the intent to cause substantial emotional or bodily pain to any individual
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or with the intent to arouse or gratify the sexual desire of any individual.
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(c) Any touching, even if accomplished through clothing, is sufficient to constitute the
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relevant element of a violation of Subsection (2)(a).
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(3)(a) A violation of Subsection (2) is a third degree felony.
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(b) Notwithstanding Subsection (3)(a), if the youth receiving state services is younger
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than 18 years old, a violation of Subsection (2) is a second degree felony.
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(c) If the act committed under Subsection (2) amounts to an offense subject to a greater
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penalty under another provision of state law than is provided under this Subsection (3),
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this Subsection (3) does not prohibit prosecution and sentencing for the more serious
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offense.
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(4) The offenses referred to in Subsection (2) are:
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(a) unlawful sexual activity with a minor, in violation of Section 76-5-401;
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(b) rape, in violation of Section 76-5-402;
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(c) rape of a child, in violation of Section 76-5-402.1;
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(d) object rape, in violation of Section 76-5-402.2;
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(e) object rape of a child, in violation of Section 76-5-402.3;
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(f) forcible sodomy, in violation of Section 76-5-403;
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(g) sodomy on a child, in violation of Section 76-5-403.1;
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(h) forcible sexual abuse, in violation of Section 76-5-404;
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(i) sexual abuse of a child, in violation of Section 76-5-404.1;
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(j) aggravated sexual abuse of a child, in violation of Section 76-5-404.3;
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(k) aggravated sexual assault, in violation of Section 76-5-405; or
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(l) an attempt to commit an offense listed in Subsections (4)(a) through (4)(k).
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(5)(a) It is not a defense to the commission of, or an attempt to commit, the offense
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described in Subsection (2) if the youth receiving state services is younger than 18
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years old, that the actor:
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(i) mistakenly believed the youth receiving state services to be 18 years old or older
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at the time of the alleged offense; or
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(ii) was unaware of the true age of the youth receiving state services.
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(b) Consent of the youth receiving state services is not a defense to any violation or
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attempted violation of Subsection (2).
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(6) It is a defense that the commission by the actor of an act under Subsection (2) is the
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result of compulsion, as the defense is described in Subsection 76-2-302(1).
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Section 7. Section 80-5-102 is amended to read:
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80-5-102 . Definitions.
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As used in this chapter:
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(1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in
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Section 80-5-302.
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(2)(a) "Adult" means an individual who is 18 years old or older.
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(b) "Adult" does not include a juvenile offender.
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(3) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
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1351.1.
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(4) "Authority" means the Youth Parole Authority created in Section 80-5-701.
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(5) "Control" means the authority to detain, restrict, and supervise a juvenile offender in a
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manner consistent with public safety and the well-being of the juvenile offender and
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division employees.
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(6) "Cross-sex hormone treatment" means the same as that term is defined in Section
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26B-4-901.
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[(6)] (7) "Director" means the director of the Division of Juvenile Justice and Youth
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Services.
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[(7)] (8) "Discharge" means the same as that term is defined in Section 80-6-102.
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[(8)] (9) "Division" means the Division of Juvenile Justice and Youth Services created in
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Section 80-5-103.
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[(9)] (10) "Homeless youth" means a child, other than an emancipated minor:
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(a) who is a runaway; or
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(b) who is:
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(i) not accompanied by the child's parent or guardian; and
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(ii) without care, as defined in Section 80-5-602.
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(11) "Housing unit" means an area with secured entrances, minor rooms, and common area
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space.
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(12) "Minor room" means a secured room where an individual sleeps and uses restroom
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facilities.
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[(10)] (13) "Observation and assessment program" means a nonresidential service program
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operated or purchased by the division that is responsible only for diagnostic assessment
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of minors, including for substance use disorder, mental health, psychological, and sexual
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behavior risk assessments.
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[(11)] (14) "Performance based contracting" means a system of contracting with service
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providers for the provision of residential or nonresidential services that:
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(a) provides incentives for the implementation of evidence-based juvenile justice
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programs or programs rated as effective for reducing recidivism by a standardized
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tool in accordance with Section 63M-7-208; and
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(b) provides a premium rate allocation for a minor who receives the evidence-based
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dosage of treatment and successfully completes the program within three months.
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(15) "Puberty inhibition drug treatment" means administering, prescribing, or supplying for
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effectuating or facilitating an individual's attempted sex change, any of the following
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alone or in combination with aromatase inhibitors:
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(a) gonadotropin-releasing hormone agonists; or
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(b) androgen receptor inhibitors.
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(16) "Primary sex characteristic surgical procedure" means the same as that term is defined
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in Section 26B-4-901.
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[(12)] (17) "Rescission" means the same as that term is defined in Section 80-6-102.
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[(13)] (18) "Restitution" means the same as that term is defined in Section 80-6-102.
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[(14)] (19) "Revocation" means the same as that term is defined in Section 80-6-102.
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(20) "Secondary sex characteristic surgical procedure" means the same as that term is
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defined in Section 26B-4-901.
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[(15)] (21) "Temporary custody" means the same as that term is defined in Section 80-6-102.
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[(16)] (22) "Temporary homeless youth shelter" means a facility that:
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(a) provides temporary shelter to homeless youth; and
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(b) is licensed by the Department of Health and Human Services, created in Section
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26B-1-201, as a residential support program.
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[(17)] (23) "Termination" means the same as that term is defined in Section 80-6-102.
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[(18)] (24) "Victim" means the same as that term is defined in Section 80-6-102.
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[(19)] (25) "Work program" means a nonresidential public or private service work project
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established and administered by the division for juvenile offenders for the purpose of
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rehabilitation, education, and restitution to victims.
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[(20)] (26)(a) "Youth services" means services provided in an effort to resolve family
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conflict:
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(i) for families in crisis when a minor is ungovernable or a runaway; or
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(ii) involving a minor and the minor's parent or guardian.
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(b) "Youth services" include efforts to:
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(i) resolve family conflict;
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(ii) maintain or reunite minors with the minors' families; and
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(iii) divert minors from entering or escalating in the juvenile justice system.
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(c) "Youth services" may provide:
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(i) crisis intervention;
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(ii) short-term shelter;
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(iii) time-out placement; and
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(iv) family counseling.
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[(21)] (27) "Youth services center" means a center established by, or under contract with,
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the division to provide youth services.
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Section 8. Section 80-5-209 is enacted to read:
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80-5-209 . Health care for minors in custody.
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(1) The division may not initiate any of the following procedures or treatments for a minor:
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(a) puberty inhibition drug treatment;
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(b) a cross-sex hormone treatment;
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(c) a primary sex characteristic surgical procedure; or
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(d) a secondary sex characteristic surgical procedure.
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(2) Subject to Subsection (1) and Sections 80-5-501 and 80-5-503 regarding housing a
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minor, to treat a minor's gender dysphoria and any co-occurring mental health disorder,
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the division may provide psychotherapy, mental health care, or any other necessary and
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appropriate treatment.
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Section 9. Section 80-5-501 is amended to read:
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80-5-501 . Detention facilities and services.
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(1) The division shall provide detention facilities and services in each county, or group of
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counties, as the population demands, in accordance with this chapter.
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(2)(a) The division is responsible for development, implementation, and administration
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of home detention services available in every judicial district.
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(b) The division shall establish criteria for placement in home detention.
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(3) The division shall provide training regarding implementation of the rules made under
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Subsection 80-5-202(1)(a) to law enforcement agencies, division employees, juvenile
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court employees, and other affected agencies and individuals upon their request.
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(4) The division may not allow a male individual and female individual to share a minor
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room in a detention facility.
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Section 10. Section 80-5-503 is amended to read:
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80-5-503 . Secure care facilities.
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(1) The division shall maintain and operate secure care facilities for the custody and
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rehabilitation of juvenile offenders:
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(a) who pose a danger of serious bodily harm to others;
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(b) who cannot be controlled in a less secure setting; or
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(c) who have engaged in a pattern of conduct characterized by persistent and serious
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criminal offenses that, as demonstrated through the use of other alternatives, cannot
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be controlled in a less secure setting.
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(2)(a) The director shall appoint an administrator for each secure care facility.
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(b) An administrator of a secure care facility shall have experience in social work, law,
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criminology, corrections, or a related field, and in administration.
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(3)(a)(i) The division, in cooperation with the State Board of Education, shall provide
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instruction, or make instruction available, to juvenile offenders in secure care
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facilities.
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(ii) The instruction shall be appropriate to the age, needs, and range of abilities of the
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juvenile offender.
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(b) A secure care facility shall:
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(i) assess each juvenile offender to determine the juvenile offender's abilities,
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possible learning disabilities, interests, attitudes, and other attributes related to
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appropriate educational programs; and
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(ii) provide prevocational education to juvenile offenders to acquaint juvenile
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offenders with vocations, and vocational requirements and opportunities.
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(4)(a) The division shall place juvenile offenders who have been committed to the
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division for secure care in a secure care facility, operated by the division or by a
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private entity, that is appropriate to ensure that humane care and rehabilitation
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opportunities are afforded to the juvenile offender.
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(b) The division shall have separate housing units for male individuals and female
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individuals in secure care facilities.
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(5) The division shall adopt standards, policies, and procedures for the regulation and
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operation of secure care facilities, consistent with state and federal law.
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Section 11. Effective Date.
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This bill takes effect on May 7, 2025.
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