Utah 2025 Regular Session

Utah House Bill HB0252 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 252
	1	+	02-03 12:05 1st Sub. (Buff) H.B. 252
	2	+	Karianne Lisonbee proposes the following substitute bill:
2	3		1
3	4		State Custody Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Karianne Lisonbee
7	8		Senate Sponsor: Derrin R. Owens
8		-
9		-	Cosponsor: Jon Hawkins Michael J. Petersen
10		-
11		-	Tyler Clancy Jason B. Kyle Ryan D. Wilcox
12		-
13		-	Matthew H. Gwynn Trevor Lee
14	9		2
15	10
16	11		3
17	12		LONG TITLE
18	13		4
19	14		General Description:
20	15		5
21	16		This bill amends provisions related to individuals in state custody.
22	17		6
23	18		Highlighted Provisions:
24	19		7
25	20		This bill:
26	21		8
27	22		▸ defines terms;
28	23		9
29	24		▸ enacts provisions related to treatments government entities may provide to individuals in
30	25		10
31	26		state custody;
32	27		11
33	28		▸ amends housing provisions related to youth juvenile detention and secure care facilities;
34	29		12
35	30		▸ amends criminal laws related to improper relationships with individuals in state custody;
36	31		13
37	32		and
38	33		14
39	34		▸ makes technical changes.
40	35		15
41	36		Money Appropriated in this Bill:
42	37		16
43	38		None
44	39		17
45	40		Other Special Clauses:
46	41		18
47	42		None
48	43		19
49	44		Utah Code Sections Affected:
50	45		20
51	46		AMENDS:
52	47		21
53	48		17-22-8, as last amended by Laws of Utah 2023, Chapters 119, 420
54	49		22
55	50		76-5-413, as last amended by Laws of Utah 2024, Chapter 240
56	51		23
57		-	80-5-102, as last amended by Laws of Utah 2024, Chapter 240 ~~H.B. 252 Enrolled Copy~~
	52	+	80-5-102, as last amended by Laws of Utah 2024, Chapter 240
58	53		24
59	54		80-5-501, as renumbered and amended by Laws of Utah 2021, Chapter 261
60	55		25
61	56		80-5-503, as renumbered and amended by Laws of Utah 2021, Chapter 261
62	57		26
63	58		ENACTS:
64	59		27
65	60		17-22-8.2, Utah Code Annotated 1953
66	61		28
67	62		26B-4-901, Utah Code Annotated 1953
	63	+	1st Sub. H.B. 252 1st Sub. (Buff) H.B. 252 02-03 12:05
68	64		29
69	65		26B-4-903, Utah Code Annotated 1953
70	66		30
71	67		80-5-209, Utah Code Annotated 1953
72	68		31
73	69		RENUMBERS AND AMENDS:
74	70		32
75	71		26B-4-902, (Renumbered from 26B-4-325, as last amended by Laws of Utah 2024,
76	72		33
77	73		Chapter 266)
78	74		34
79	75
80	76		35
81	77		Be it enacted by the Legislature of the state of Utah:
82	78		36
83		-	Section 1. Section 17-22-8 is amended to read:
	79	+	Section 19. Section 17-22-8 is amended to read:
84	80		37
85	81		17-22-8 . Care of prisoners -- Funding of services -- Private contractor.
86	82		38
87	83		(1) As used in this section, "medication assisted treatment plan" means a prescription plan
88	84		39
89	85		to use buprenorphine, methadone, or naltrexone to treat substance use withdrawal
90	86		40
91	87		symptoms or an opioid use disorder.
92	88		41
93	89		(2) Except as provided in Subsection (7), a sheriff shall:
94	90		42
95	91		(a) receive each individual committed to jail by competent authority;
96	92		43
97	93		(b) provide each prisoner with necessary food, clothing, and bedding in the manner
98	94		44
99	95		prescribed by the county legislative body;
100	96		45
101	97		(c) subject to Section 17-22-8.2, provide each prisoner medical care when:
102	98		46
103	99		(i) the prisoner's symptoms evidence a serious disease or injury;
104	100		47
105	101		(ii) the prisoner's disease or injury is curable or may be substantially alleviated; and
106	102		48
107	103		(iii) the potential for harm to the person by reason of delay or the denial of medical
108	104		49
109	105		care would be substantial;
110	106		50
111	107		(d) provide each prisoner, as part of the intake process, with the option of continuing any
112	108		51
113	109		of the following medically prescribed methods of contraception:
114	110		52
115	111		(i) an oral contraceptive;
116	112		53
117	113		(ii) an injectable contraceptive;
118	114		54
119	115		(iii) a patch;
120	116		55
121	117		(iv) a vaginal ring; or
122	118		56
123	119		(v) an intrauterine device, if the prisoner was prescribed the intrauterine device
124	120		57
125	121		because the prisoner experiences serious and persistent adverse effects when using
126		-	- 2 - Enrolled Copy H.B. 252
127	122		58
128	123		the methods of contraception described in Subsections (2)(d)(i) and (ii); and
129	124		59
130	125		(e) cooperate with medical personnel to continue a medication assisted treatment plan
131	126		60
132	127		for an inmate if the inmate was an active client before arrest and commitment.
133	128		61
134	129		(3) A sheriff may provide the generic form of a contraceptive described in Subsection
135	130		62
136	131		(2)(d)(i) or (ii).
	132	+	- 2 - 02-03 12:05 1st Sub. (Buff) H.B. 252
137	133		63
138	134		(4) A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is pregnant or in
139	135		64
140	136		postpartum recovery, including the reporting requirements in Subsection 64-13-45(2)(c).
141	137		65
142	138		(5)(a) Except as provided in Section 17-22-10 and Subsection (5)(b), the expense
143	139		66
144	140		incurred in providing the services required by this section to prisoners shall be paid
145	141		67
146	142		from the county treasury.
147	143		68
148	144		(b) The expense incurred in providing the services described in Subsection (2)(d) to
149	145		69
150	146		prisoners shall be paid by the Department of Health and Human Services.
151	147		70
152	148		(6) A medication used for a medication assisted treatment plan under Subsection (2)(e):
153	149		71
154	150		(a) shall be administered to an inmate in accordance with the inmate's prescription under
155	151		72
156	152		the direction of the sheriff;
157	153		73
158	154		(b) may be paid for by a county; and
159	155		74
160	156		(c) may be left or stored at a jail at the discretion of the sheriff.
161	157		75
162	158		(7) If the county executive contracts with a private contractor to provide the services
163	159		76
164	160		required by this section, the sheriff shall provide only those services required of the
165	161		77
166	162		sheriff by the contract between the county and the private contractor.
167	163		78
168		-	Section 2. Section 17-22-8.2 is enacted to read:
	164	+	Section 21. Section 17-22-8.2 is enacted to read:
169	165		79
170	166		17-22-8.2 . Jail health care.
171	167		80
172	168		(1) As used in this section:
173	169		81
174	170		(a) "Cross-sex hormone treatment" means the same as that term is defined in Section
175	171		82
176	172		26B-4-901.
177	173		83
178	174		(b) "Primary sex characteristic surgical procedure" means the same as that term is
179	175		84
180	176		defined in Section 26B-4-901.
181	177		85
182	178		(c) "Secondary sex characteristic surgical procedure" means the same as that term is
183	179		86
184	180		defined in Section 26B-4-901.
185	181		87
186	182		(2) A sheriff may not initiate any of the following procedures or treatments for a prisoner:
187	183		88
188	184		(a) a cross-sex hormone treatment;
189	185		89
190	186		(b) a primary sex characteristic surgical procedure; or
191	187		90
192	188		(c) a secondary sex characteristic surgical procedure.
193	189		91
194	190		(3) Subject to Subsection (1) and Section 17-22-5, to treat a prisoner's gender dysphoria and
195		-	- 3 - H.B. 252 Enrolled Copy
196	191		92
197	192		any co-occurring mental health disorder, the sheriff may provide psychotherapy, mental
198	193		93
199	194		healthcare, or any other necessary and appropriate treatment.
200	195		94
201		-	Section 3. Section 26B-4-901 is enacted to read:
	196	+	Section 1. Section 26B-4-901 is enacted to read:
202	197		95
203	198
204	199		Part 9. Inmate Health
205	200		96
206	201		26B-4-901 . Definitions.
	202	+	- 3 - 1st Sub. (Buff) H.B. 252 02-03 12:05
207	203		97
208	204		As used in this part:
209	205		98
210	206		(1) "Correctional facility" means a facility operated to house inmates in a secure or
211	207		99
212	208		nonsecure setting:
213	209		100
214	210		(a) by the Department of Corrections; or
215	211		101
216	212		(b) under a contract with the Department of Corrections.
217	213		102
218	214		(2) "Cross-sex hormone treatment" means administering, prescribing, or supplying for
219	215		103
220	216		effectuating or facilitating an individual's attempted sex change:
221	217		104
222	218		(a) to an individual whose biological sex at birth is female, a dose of testosterone or
223	219		105
224	220		other androgens at levels above those normally found in an individual whose
225	221		106
226	222		biological sex at birth is female; or
227	223		107
228	224		(b) to an individual whose biological sex at birth is male, a dose of estrogen or a
229	225		108
230	226		synthetic compound with estrogenic activity or effect at levels above those normally
231	227		109
232	228		found in an individual whose biological sex at birth is male.
233	229		110
234	230		(3) "Health care facility" means the same as that term is defined in Section 26B-2-201.
235	231		111
236	232		(4) "Inmate" means an individual who is:
237	233		112
238	234		(a) committed to the custody of the Department of Corrections; and
239	235		113
240	236		(b) housed at a correctional facility or at a county jail at the request of the Department of
241	237		114
242	238		Corrections.
243	239		115
244	240		(5) "Medical monitoring technology" means a device, application, or other technology that
245	241		116
246	242		can be used to improve health outcomes and the experience of care for patients,
247	243		117
248	244		including evidence-based clinically evaluated software and devices that can be used to
249	245		118
250	246		monitor and treat diseases and disorders.
251	247		119
252	248		(6)(a) "Primary sex characteristic surgical procedure" means any of the following if
253	249		120
254	250		done for the purpose of effectuating or facilitating an individual's attempted sex
255	251		121
256	252		change:
257	253		122
258	254		(i) for an individual whose biological sex at birth is male, castration, orchiectomy,
259	255		123
260	256		penectomy, vaginoplasty, or vulvoplasty;
261	257		124
262	258		(ii) for an individual whose biological sex at birth is female, hysterectomy,
263	259		125
264	260		oophorectomy, metoidioplasty, or phalloplasty; or
265		-	- 4 - Enrolled Copy H.B. 252
266	261		126
267	262		(iii) any surgical procedure that is related to or necessary for a procedure described in
268	263		127
269	264		Subsection (6)(a)(i) or (ii), that would result in the sterilization of an individual
270	265		128
271	266		who is not sterile.
272	267		129
273	268		(b) "Primary sex characteristic surgical procedure" does not include:
274	269		130
275	270		(i) surgery or other procedures or treatments performed on an individual who:
	271	+	- 4 - 02-03 12:05 1st Sub. (Buff) H.B. 252
276	272		131
277	273		(A) is born with external biological sex characteristics that are irresolvably
278	274		132
279	275		ambiguous;
280	276		133
281	277		(B) is born with 46, XX chromosomes with virilization;
282	278		134
283	279		(C) is born with 46, XY chromosomes with undervirilization;
284	280		135
285	281		(D) has both ovarian and testicular tissue; or
286	282		136
287	283		(E) has been diagnosed by a physician, based on genetic or biochemical testing,
288	284		137
289	285		with a sex development disorder characterized by abnormal sex chromosome
290	286		138
291	287		structure, sex steroid hormone production, or sex steroid hormone action for a
292	288		139
293	289		male or female; or
294	290		140
295	291		(ii) removing a body part:
296	292		141
297	293		(A) because the body part is cancerous or diseased; or
298	294		142
299	295		(B) for a reason that is medically necessary, other than to effectuate or facilitate an
300	296		143
301	297		individual's attempted sex change.
302	298		144
303	299		(7)(a) "Secondary sex characteristic surgical procedure" means any of the following if
304	300		145
305	301		done for the purpose of effectuating or facilitating an individual's attempted sex
306	302		146
307	303		change:
308	304		147
309	305		(i) for an individual whose biological sex at birth is male, breast augmentation
310	306		148
311	307		surgery, chest feminization surgery, or facial feminization surgery; or
312	308		149
313	309		(ii) for an individual whose biological sex at birth is female, mastectomy, breast
314	310		150
315	311		reduction surgery, chest masculinization surgery, or facial masculinization surgery.
316	312		151
317	313		(b) "Secondary sex characteristic surgical procedure" does not include:
318	314		152
319	315		(i) surgery or other procedures or treatments performed on an individual who:
320	316		153
321	317		(A) is born with external biological sex characteristics that are irresolvably
322	318		154
323	319		ambiguous;
324	320		155
325	321		(B) is born with 46, XX chromosomes with virilization;
326	322		156
327	323		(C) is born with 46, XY chromosomes with undervirilization;
328	324		157
329	325		(D) has both ovarian and testicular tissue; or
330	326		158
331	327		(E) has been diagnosed by a physician, based on genetic or biochemical testing,
332	328		159
333	329		with a sex development disorder characterized by abnormal sex chromosome
334		-	- 5 - H.B. 252 Enrolled Copy
335	330		160
336	331		structure, sex steroid hormone production, or sex steroid hormone action for a
337	332		161
338	333		male or female; or
339	334		162
340	335		(ii) removing a body part:
341	336		163
342	337		(A) because the body part is cancerous or diseased; or
343	338		164
344	339		(B) for a reason that is medically necessary, other than to effectuate or facilitate an
	340	+	- 5 - 1st Sub. (Buff) H.B. 252 02-03 12:05
345	341		165
346	342		individual's attempted sex change.
347	343		166
348	344		(8) "Terminally ill" means the same as that term is defined in Section 31A-36-102.
349	345		167
350		-	Section 4. Section 26B-4-902, which is renumbered from Section 26B-4-325 is renumbered
	346	+	Section 5. Section 26B-4-902, which is renumbered from Section 26B-4-325 is renumbered
351	347		168
352	348		and amended to read:
353	349		169
354	350		[26B-4-325] 26B-4-902 . Medical care for inmates -- Reporting of statistics.
355	351		170
356	352		[As used in this section:]
357	353		171
358	354		[(1) "Correctional facility" means a facility operated to house inmates in a secure or
359	355		172
360	356		nonsecure setting:]
361	357		173
362	358		[(a) by the Department of Corrections; or]
363	359		174
364	360		[(b) under a contract with the Department of Corrections.]
365	361		175
366	362		[(2) "Health care facility" means the same as that term is defined in Section 26B-2-201.]
367	363		176
368	364		[(3) "Inmate" means an individual who is:]
369	365		177
370	366		[(a) committed to the custody of the Department of Corrections; and]
371	367		178
372	368		[(b) housed at a correctional facility or at a county jail at the request of the Department
373	369		179
374	370		of Corrections.]
375	371		180
376	372		[(4) "Medical monitoring technology" means a device, application, or other technology that
377	373		181
378	374		can be used to improve health outcomes and the experience of care for patients,
379	375		182
380	376		including evidence-based clinically evaluated software and devices that can be used to
381	377		183
382	378		monitor and treat diseases and disorders.]
383	379		184
384	380		[(5) "Terminally ill" means the same as that term is defined in Section 31A-36-102.]
385	381		185
386	382		[(6)] (1) The department shall:
387	383		186
388	384		(a) for each health care facility owned or operated by the Department of Corrections,
389	385		187
390	386		assist the Department of Corrections in complying with Section 64-13-39;
391	387		188
392	388		(b) in coordination with the Department of Corrections, and as the Department of
393	389		189
394	390		Correction's agent:
395	391		190
396	392		(i) create policies and procedures for providing comprehensive health care to inmates;
397	393		191
398	394		(ii) provide inmates with comprehensive health care; and
399	395		192
400	396		(iii) develop standard population indicators and performance measures relating to the
401	397		193
402	398		health of inmates; and
403		-	- 6 - Enrolled Copy H.B. 252
404	399		194
405	400		(c) collaborate with the Department of Corrections to comply with Section 64-13-25.1.
406	401		195
407	402		[(7)] (2) In providing the comprehensive health care described in Subsection [(6)(b)(ii)]
408	403		196
409	404		(1)(b)(ii), the department may not, without entering into an agreement with the
410	405		197
411	406		Department of Corrections, provide, operate, or manage any treatment plans for inmates
412	407		198
413	408		that are:
	409	+	- 6 - 02-03 12:05 1st Sub. (Buff) H.B. 252
414	410		199
415	411		(a) required to be provided, operated, or managed by the Department of Corrections in
416	412		200
417	413		accordance with Section 64-13-6; and
418	414		201
419	415		(b) not related to the comprehensive health care provided by the department.
420	416		202
421	417		[(8)] (3) Beginning July 1, 2023, and ending June 30, 2024, the department shall:
422	418		203
423	419		(a) evaluate and study the use of medical monitoring technology and create a plan for a
424	420		204
425	421		pilot program that identifies:
426	422		205
427	423		(i) the types of medical monitoring technology that will be used during the pilot
428	424		206
429	425		program; and
430	426		207
431	427		(ii) eligibility for participation in the pilot program; and
432	428		208
433	429		(b) make the indicators and performance measures described in Subsection [(6)(b)(iii)]
434	430		209
435	431		(1)(b)(iii) available to the public through the Department of Corrections and the
436	432		210
437	433		department websites.
438	434		211
439	435		[(9)] (4) Beginning July 1, 2024, and ending June 30, 2029, the department shall implement
440	436		212
441	437		the pilot program.
442	438		213
443	439		[(10)] (5) The department shall submit to the Health and Human Services Interim
444	440		214
445	441		Committee and the Law Enforcement and Criminal Justice Interim Committee:
446	442		215
447	443		(a) a report on or before October 1 of each year regarding the costs and benefits of the
448	444		216
449	445		pilot program;
450	446		217
451	447		(b) a report that summarizes the indicators and performance measures described in
452	448		218
453	449		Subsection [(6)(b)(iii)] (1)(b)(iii) on or before October 1, 2024; and
454	450		219
455	451		(c) an updated report before October 1 of each year that compares the indicators and
456	452		220
457	453		population measures of the most recent year to the initial report described in
458	454		221
459	455		Subsection [(10)(b)] (5)(b).
460	456		222
461	457		[(11)] (6) An inmate receiving comprehensive health care from the department remains in
462	458		223
463	459		the custody of the Department of Corrections.
464	460		224
465		-	Section 5. Section 26B-4-903 is enacted to read:
	461	+	Section 2. Section 26B-4-903 is enacted to read:
466	462		225
467	463		26B-4-903 . Requirements for certain treatments for inmates.
468	464		226
469	465		(1) The department may not initiate any of the following procedures or treatments for an
470	466		227
471	467		inmate:
472		-	- 7 - H.B. 252 Enrolled Copy
473	468		228
474	469		(a) a cross-sex hormone treatment;
475	470		229
476	471		(b) a primary sex characteristic surgical procedure; or
477	472		230
478	473		(c) a secondary sex characteristic surgical procedure.
479	474		231
480	475		(2) Subject to Subsection (1) and Section 63-14-45, to treat an inmate's gender dysphoria
481	476		232
482	477		and any co-occurring mental health disorder, the department may provide
	478	+	- 7 - 1st Sub. (Buff) H.B. 252 02-03 12:05
483	479		233
484	480		psychotherapy, mental healthcare, or any other necessary and appropriate treatment.
485	481		234
486		-	Section 6. Section 76-5-413 is amended to read:
	482	+	Section 15. Section 76-5-413 is amended to read:
487	483		235
488	484		76-5-413 . Custodial sexual relations with youth receiving state services --
489	485		236
490	486		Penalties -- Defenses and limitations.
491	487		237
492	488		(1)(a) As used in this section:
493	489		238
494	490		(i) "Actor" means:
495	491		239
496	492		(A) an individual employed by the Department of Health and Human Services
497	493		240
498	494		created in Section 26B-1-201, or an employee of a private provider or
499	495		241
500	496		contractor; or
501	497		242
502	498		(B) an individual employed by the juvenile court of the state, or an employee of a
503	499		243
504	500		private provider or contractor.
505	501		244
506	502		(ii) "Department" means the Department of Health and Human Services created in
507	503		245
508	504		Section 26B-1-201.
509	505		246
510	506		(iii) "Juvenile court" means the juvenile court of the state created in Section
511	507		247
512	508		78A-6-102.
513	509		248
514	510		(iv) "Private provider or contractor" means a person that contracts with the:
515	511		249
516	512		(A) department to provide services or functions that are part of the operation of
517	513		250
518	514		the department; or
519	515		251
520	516		(B) juvenile court to provide services or functions that are part of the operation of
521	517		252
522	518		the juvenile court.
523	519		253
524	520		(v) "Youth receiving state services" means an individual:
525	521		254
526	522		(A) younger than 18 years old, except as provided under Subsection (1)(a)(v)(B),
527	523		255
528	524		who is:
529	525		256
530	526		(I) in the custody of the department under Section 80-6-703; or
531	527		257
532	528		(II) receiving services from any division of the department if any portion of the
533	529		258
534	530		costs of these services is covered by public money; or
535	531		259
536	532		(B) younger than [21] 25 years old:
537	533		260
538	534		(I) who is in the custody of the Division of Juvenile Justice and Youth
539	535		261
540	536		Services, or the Division of Child and Family Services; or
541		-	- 8 - Enrolled Copy H.B. 252
542	537		262
543	538		(II) whose case is under the jurisdiction of the juvenile court.
544	539		263
545	540		(b) Terms defined in Section 76-1-101.5 apply to this section.
546	541		264
547	542		(2)(a) Under circumstances not amounting to an offense listed in Subsection (4), an actor
548	543		265
549	544		commits custodial sexual relations with a youth receiving state services if:
550	545		266
551	546		(i) the actor commits any of the acts described in Subsection (2)(b); and
	547	+	- 8 - 02-03 12:05 1st Sub. (Buff) H.B. 252
552	548		267
553	549		(ii)(A) the actor knows that the individual is a youth receiving state services; or
554	550		268
555	551		(B) a reasonable person in the actor's position should have known under the
556	552		269
557	553		circumstances that the individual was a youth receiving state services.
558	554		270
559	555		(b) Acts referred to in Subsection (2)(a)(i) are:
560	556		271
561	557		(i) having sexual intercourse with a youth receiving state services;
562	558		272
563	559		(ii) engaging in any sexual act with a youth receiving state services involving the
564	560		273
565	561		genitals of one individual and the mouth or anus of another individual; or
566	562		274
567	563		(iii)(A) causing the penetration, however slight, of the genital or anal opening of a
568	564		275
569	565		youth receiving state services by any foreign object, substance, instrument, or
570	566		276
571	567		device, including a part of the human body; and
572	568		277
573	569		(B) with the intent to cause substantial emotional or bodily pain to any individual
574	570		278
575	571		or with the intent to arouse or gratify the sexual desire of any individual.
576	572		279
577	573		(c) Any touching, even if accomplished through clothing, is sufficient to constitute the
578	574		280
579	575		relevant element of a violation of Subsection (2)(a).
580	576		281
581	577		(3)(a) A violation of Subsection (2) is a third degree felony.
582	578		282
583	579		(b) Notwithstanding Subsection (3)(a), if the youth receiving state services is younger
584	580		283
585	581		than 18 years old, a violation of Subsection (2) is a second degree felony.
586	582		284
587	583		(c) If the act committed under Subsection (2) amounts to an offense subject to a greater
588	584		285
589		-	penalty under another provision of state law than is provided under this Subsection ~~(3),~~
	585	+	penalty under another provision of state law than is provided under this Subsection
590	586		286
591		-	this Subsection (3) does not prohibit prosecution and sentencing for the more ~~serious~~
	587	+	(3), this Subsection (3) does not prohibit prosecution and sentencing for the more
592	588		287
593		-	offense.
	589	+	serious offense.
594	590		288
595	591		(4) The offenses referred to in Subsection (2) are:
596	592		289
597	593		(a) unlawful sexual activity with a minor, in violation of Section 76-5-401;
598	594		290
599	595		(b) rape, in violation of Section 76-5-402;
600	596		291
601	597		(c) rape of a child, in violation of Section 76-5-402.1;
602	598		292
603	599		(d) object rape, in violation of Section 76-5-402.2;
604	600		293
605	601		(e) object rape of a child, in violation of Section 76-5-402.3;
606	602		294
607	603		(f) forcible sodomy, in violation of Section 76-5-403;
608	604		295
609	605		(g) sodomy on a child, in violation of Section 76-5-403.1;
610		-	- 9 - H.B. 252 Enrolled Copy
611	606		296
612	607		(h) forcible sexual abuse, in violation of Section 76-5-404;
613	608		297
614	609		(i) sexual abuse of a child, in violation of Section 76-5-404.1;
615	610		298
616	611		(j) aggravated sexual abuse of a child, in violation of Section 76-5-404.3;
617	612		299
618	613		(k) aggravated sexual assault, in violation of Section 76-5-405; or
619	614		300
620	615		(l) an attempt to commit an offense listed in Subsections (4)(a) through (4)(k).
	616	+	- 9 - 1st Sub. (Buff) H.B. 252 02-03 12:05
621	617		301
622	618		(5)(a) It is not a defense to the commission of, or an attempt to commit, the offense
623	619		302
624	620		described in Subsection (2) if the youth receiving state services is younger than 18
625	621		303
626	622		years old, that the actor:
627	623		304
628	624		(i) mistakenly believed the youth receiving state services to be 18 years old or older
629	625		305
630	626		at the time of the alleged offense; or
631	627		306
632	628		(ii) was unaware of the true age of the youth receiving state services.
633	629		307
634	630		(b) Consent of the youth receiving state services is not a defense to any violation or
635	631		308
636	632		attempted violation of Subsection (2).
637	633		309
638	634		(6) It is a defense that the commission by the actor of an act under Subsection (2) is the
639	635		310
640	636		result of compulsion, as the defense is described in Subsection 76-2-302(1).
641	637		311
642		-	Section 7. Section 80-5-102 is amended to read:
	638	+	Section 6. Section 80-5-102 is amended to read:
643	639		312
644	640		80-5-102 . Definitions.
645	641		313
646	642		As used in this chapter:
647	643		314
648	644		(1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in
649	645		315
650	646		Section 80-5-302.
651	647		316
652	648		(2)(a) "Adult" means an individual who is 18 years old or older.
653	649		317
654	650		(b) "Adult" does not include a juvenile offender.
655	651		318
656	652		(3) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
657	653		319
658	654		1351.1.
659	655		320
660	656		(4) "Authority" means the Youth Parole Authority created in Section 80-5-701.
661	657		321
662	658		(5) "Control" means the authority to detain, restrict, and supervise a juvenile offender in a
663	659		322
664	660		manner consistent with public safety and the well-being of the juvenile offender and
665	661		323
666	662		division employees.
667	663		324
668	664		(6) "Cross-sex hormone treatment" means the same as that term is defined in Section
669	665		325
670	666		26B-4-901.
671	667		326
672	668		[(6)] (7) "Director" means the director of the Division of Juvenile Justice and Youth
673	669		327
674	670		Services.
675	671		328
676	672		[(7)] (8) "Discharge" means the same as that term is defined in Section 80-6-102.
677	673		329
678	674		[(8)] (9) "Division" means the Division of Juvenile Justice and Youth Services created in
679		-	- 10 - Enrolled Copy H.B. 252
680	675		330
681	676		Section 80-5-103.
682	677		331
683	678		[(9)] (10) "Homeless youth" means a child, other than an emancipated minor:
684	679		332
685	680		(a) who is a runaway; or
686	681		333
687	682		(b) who is:
688	683		334
689	684		(i) not accompanied by the child's parent or guardian; and
	685	+	- 10 - 02-03 12:05 1st Sub. (Buff) H.B. 252
690	686		335
691	687		(ii) without care, as defined in Section 80-5-602.
692	688		336
693	689		(11) "Housing unit" means an area with secured entrances, minor rooms, and common area
694	690		337
695	691		space.
696	692		338
697	693		(12) "Minor room" means a secured room where an individual sleeps and uses restroom
698	694		339
699	695		facilities.
700	696		340
701	697		[(10)] (13) "Observation and assessment program" means a nonresidential service program
702	698		341
703	699		operated or purchased by the division that is responsible only for diagnostic assessment
704	700		342
705	701		of minors, including for substance use disorder, mental health, psychological, and sexual
706	702		343
707	703		behavior risk assessments.
708	704		344
709	705		[(11)] (14) "Performance based contracting" means a system of contracting with service
710	706		345
711	707		providers for the provision of residential or nonresidential services that:
712	708		346
713	709		(a) provides incentives for the implementation of evidence-based juvenile justice
714	710		347
715	711		programs or programs rated as effective for reducing recidivism by a standardized
716	712		348
717	713		tool in accordance with Section 63M-7-208; and
718	714		349
719	715		(b) provides a premium rate allocation for a minor who receives the evidence-based
720	716		350
721	717		dosage of treatment and successfully completes the program within three months.
	718	+	Ĥ→ (15) "Puberty inhibition drug treatment" means administering, prescribing, or
	719	+	351a
	720	+	supplying for effectuating or facilitating an individual's attempted sex change, any of the
	721	+	351b
	722	+	following alone or in combination with aromatase inhibitors:
	723	+	(a) gonadotropin-releasing hormone agonists; or
	724	+	(b) androgen receptor inhibitors. ←Ĥ
722	725		351
723		-	(15) "Puberty inhibition drug treatment" means administering, prescribing, or supplying for
	726	+	{(15)} (16) "Primary sex characteristic surgical procedure" means the same as that term is
	727	+	354a
	728	+	defined
724	729		352
725		-	~~effectuating or facilitating an individual's attempted sex change, any of the following~~
	730	+	in Section 26B-4-901.
726	731		353
727		-	~~alone or~~ in ~~combination with aromatase inhibitors:~~
	732	+	[(12)]{(16)} (17) "Rescission" means the same as that term is defined in Section 80-6-102.
728	733		354
729		-	(a) ~~gonadotropin-releasing hormone agonists; or~~
	734	+	[(13)]{(17)} (18) "Restitution" means the same as that term is defined in Section 80-6-102.
730	735		355
731		-	(b) ~~androgen receptor inhibitors~~.
	736	+	[(14)]{(18)} (19) "Revocation" means the same as that term is defined in Section 80-6-102.
732	737		356
733		-	(16) "~~Primary~~ sex characteristic surgical procedure" means the same as that term is ~~defined~~
	738	+	{(19)} (20) "Secondary sex characteristic surgical procedure" means the same as that term is
734	739		357
735		-	in Section 26B-4-901.
	740	+	defined in Section 26B-4-901.
736	741		358
737		-	[(12)] (17) "Rescission" means the same as that term is defined in Section 80-6-102.
	742	+	[(15)]{(20)} (21) "Temporary custody" means the same as that term is defined in Section
	743	+	361a
	744	+	80-6-102.
738	745		359
739		-	[(13)] (18) "~~Restitution~~" means ~~the same as~~ that ~~term is defined in Section 80-6-102.~~
	746	+	[(16)]{(21)} (22) "Temporary homeless youth shelter" means a facility that:
740	747		360
741		-	[(~~14)] (19~~) ~~"Revocation" means the same as that term is defined in Section 80-6-102.~~
	748	+	(a) provides temporary shelter to homeless youth; and
742	749		361
743		-	(20) "Secondary sex characteristic surgical procedure" means the same as that term is
	750	+	(b) is licensed by the Department of Health and Human Services, created in Section
	751	+	- 11 - 1st Sub. (Buff) H.B. 252 02-03 12:05
744	752		362
745		-	~~defined in Section~~ 26B-~~4-901~~.
	753	+	26B-1-201, as a residential support program.
746	754		363
747		-	[(15)] (21) "Temporary custody" means the same as that term is defined in Section 80-6-102.
748		-	- 11 - H.B. 252 Enrolled Copy
	755	+	[(17)]{(22)} (23) "Termination" means the same as that term is defined in Section 80-6-102.
749	756		364
750		-	[(16)] (22) "~~Temporary homeless youth shelter~~" means ~~a facility~~ that:
	757	+	[(18)]{(23)} (24) "Victim" means the same as that term is defined in Section 80-6-102.
751	758		365
752		-	(a) provides temporary shelter to homeless youth; and
	759	+	[(19)]{(24)} (25) "Work program" means a nonresidential public or private service work
	760	+	368a
	761	+	project
753	762		366
754		-	~~(b) is licensed~~ by the ~~Department~~ of ~~Health and Human Services, created in Section~~
	763	+	established and administered by the division for juvenile offenders for the purpose of
755	764		367
756		-	~~26B-1-201~~, ~~as a residential support program~~.
	765	+	rehabilitation, education, and restitution to victims.
757	766		368
758		-	[(17)] (23) "Termination" means the same as that term is defined in Section 80-6-102.
	767	+	[(20)]{(25)} (26)(a) "Youth services" means services provided in an effort to resolve
	768	+	371a
	769	+	family
759	770		369
760		-	~~[(18)] (24) "Victim" means the same as that term is defined in Section 80-6-102.~~
	771	+	conflict:
761	772		370
762		-	[(~~19)] (25~~) ~~"Work program"~~ ~~means~~ a ~~nonresidential public~~ or ~~private service work project~~
	773	+	(i) for families in crisis when a minor is ungovernable or a runaway; or
763	774		371
764		-	~~established~~ and ~~administered by~~ the ~~division for juvenile offenders for the purpose of~~
	775	+	(ii) involving a minor and the minor's parent or guardian.
765	776		372
766		-	~~rehabilitation, education,~~ ~~and restitution~~ to ~~victims.~~
	777	+	(b) "Youth services" include efforts to:
767	778		373
768		-	[(20)~~] (26)(a) "Youth services" means services provided in an effort to~~ resolve family
	779	+	(i) resolve family conflict;
769	780		374
770		-	~~conflict:~~
	781	+	(ii) maintain or reunite minors with the minors' families; and
771	782		375
772		-	(i) ~~for families~~ in ~~crisis when a minor is ungovernable or a runaway; or~~
	783	+	(iii) divert minors from entering or escalating in the juvenile justice system.
773	784		376
774		-	(ii) ~~involving a minor and the minor's parent or guardian.~~
	785	+	(c) "Youth services" may provide:
775	786		377
776		-	(b) ~~"Youth services" include efforts to:~~
	787	+	(i) crisis intervention;
777	788		378
778		-	(i) ~~resolve family conflict~~;
	789	+	(ii) short-term shelter;
779	790		379
780		-	(ii) ~~maintain or reunite minors with the minors' families~~; and
	791	+	(iii) time-out placement; and
781	792		380
782		-	(~~iii~~) ~~divert minors from entering or escalating in the juvenile justice system~~.
	793	+	(iv) family counseling.
783	794		381
784		-	(c) "Youth services" may provide:
	795	+	[(21)]{(26)} (27) "Youth services center" means a center established by, or under contract
	796	+	384a
	797	+	with,
785	798		382
786		-	~~(i) crisis intervention;~~
	799	+	the division to provide youth services.
787	800		383
788		-	~~(ii) short-term shelter;~~
	801	+	Section 26. Section 80-5-209 is enacted to read:
789	802		384
790		-	~~(iii) time-out~~ ~~placement; and~~
	803	+	80-5-209 . Health care for minors in custody.
791	804		385
792		-	(iv) ~~family counseling.~~
	805	+	(1) The division may not initiate any of the following procedures or treatments for a minor:
793	806		386
794		-	[(21)] (27) "Youth services center" means a center established by, or under contract with,
	807	+	(a) Ĥ→ Puberty inhibition drug treatment
	808	+	389a
	809	+	(b) ←Ĥ a cross-sex hormone treatment;
795	810		387
796		-	~~the division to provide youth services.~~
	811	+	{(b)} (c) a primary sex characteristic surgical procedure; or
797	812		388
798		-	~~Section 8~~. ~~Section 80-5-209 is enacted to read:~~
	813	+	{(c)} (d) a secondary sex characteristic surgical procedure.
799	814		389
800		-	80-5-~~209 . Health care for minors in custody.~~
	815	+	(2) Subject to Subsection (1) and Sections 80-5-501 and 80-5-503 regarding housing a
801	816		390
802		-	~~(1) The division may not initiate any of the following procedures or treatments for~~ a minor:
	817	+	minor, to treat a minor's gender dysphoria and any co-occurring mental health disorder,
803	818		391
804		-	(a) puberty inhibition drug treatment;
	819	+	the division may provide psychotherapy, mental health care, or any other necessary and
	820	+	- 12 - 02-03 12:05 1st Sub. (Buff) H.B. 252
805	821		392
806		-	~~(b) a cross-sex hormone~~ treatment;
	822	+	appropriate treatment.
807	823		393
808		-	~~(c) a primary sex characteristic surgical procedure;~~ or
	824	+	Section 7. Section 80-5-501 is amended to read:
809	825		394
810		-	~~(d) a secondary sex characteristic surgical procedure~~.
	826	+	80-5-501 . Detention facilities and services.
811	827		395
812		-	~~(2) Subject to Subsection~~ (1) ~~and Sections 80-5-501~~ and ~~80-5-503 regarding housing a~~
	828	+	(1) The division shall provide detention facilities and services in each county, or group of
813	829		396
814		-	~~minor~~, ~~to treat a minor's gender dysphoria and any co-occurring mental health disorder,~~
	830	+	counties, as the population demands, in accordance with this chapter.
815	831		397
816		-	the division may provide psychotherapy, mental health care, or any other necessary and
817		-	- 12 - Enrolled Copy H.B. 252
	832	+	(2)(a) The division is responsible for development, implementation, and administration
818	833		398
819		-	~~appropriate treatment~~.
	834	+	of home detention services available in every judicial district.
820	835		399
821		-	~~Section 9~~. ~~Section 80-5-501 is amended to read:~~
	836	+	(b) The division shall establish criteria for placement in home detention.
822	837		400
823		-	~~80-5-501 . Detention facilities and services.~~
	838	+	(3) The division shall provide training regarding implementation of the rules made under
824	839		401
825		-	(1) ~~The~~ division ~~shall provide detention facilities and services in each county~~, ~~or group of~~
	840	+	Subsection 80-5-202(1)(a) to law enforcement agencies, division employees, juvenile
826	841		402
827		-	~~counties~~, ~~as the population demands,~~ ~~in accordance with this chapter~~.
	842	+	court employees, and other affected agencies and individuals upon their request.
828	843		403
829		-	(~~2)(a~~) The division ~~is responsible for development,~~ ~~implementation,~~ and ~~administration~~
	844	+	(4) The division may not allow a male individual and female individual to share a minor
830	845		404
831		-	~~of home~~ detention ~~services available in every judicial district~~.
	846	+	room in a detention facility.
832	847		405
833		-	~~(b) The division shall establish criteria for placement in home detention.~~
	848	+	Section 8. Section 80-5-503 is amended to read:
834	849		406
835		-	~~(3) The division shall provide training regarding implementation of the rules made under~~
	850	+	80-5-503 . Secure care facilities.
836	851		407
837		-	~~Subsection 80-5-202~~(1)~~(a) to law enforcement agencies,~~ division ~~employees, juvenile~~
	852	+	(1) The division shall maintain and operate secure care facilities for the custody and
838	853		408
839		-	~~court employees,~~ ~~and other affected agencies and individuals upon their request.~~
	854	+	rehabilitation of juvenile offenders:
840	855		409
841		-	(4) ~~The division may not allow~~ a ~~male individual and female individual~~ to ~~share a minor~~
	856	+	(a) who pose a danger of serious bodily harm to others;
842	857		410
843		-	~~room~~ in a ~~detention facility.~~
	858	+	(b) who cannot be controlled in a less secure setting; or
844	859		411
845		-	~~Section 10.~~ ~~Section 80-5-503 is amended to read:~~
	860	+	(c) who have engaged in a pattern of conduct characterized by persistent and serious
846	861		412
847		-	~~80-5-503 . Secure care facilities.~~
	862	+	criminal offenses that, as demonstrated through the use of other alternatives, cannot
848	863		413
849		-	~~(1) The division shall maintain and operate~~ secure ~~care facilities for the custody and~~
	864	+	be controlled in a less secure setting.
850	865		414
851		-	~~rehabilitation of juvenile offenders:~~
	866	+	(2)(a) The director shall appoint an administrator for each secure care facility.
852	867		415
853		-	(a) ~~who pose~~ a ~~danger of serious bodily harm to others;~~
	868	+	(b) An administrator of a secure care facility shall have experience in social work, law,
854	869		416
855		-	~~(b) who cannot be controlled~~ in ~~a less secure setting; or~~
	870	+	criminology, corrections, or a related field, and in administration.
856	871		417
857		-	(c) ~~who have engaged~~ in ~~a pattern~~ of ~~conduct characterized by persistent and serious~~
	872	+	(3)(a)(i) The division, in cooperation with the State Board of Education, shall provide
858	873		418
859		-	~~criminal offenses that~~, ~~as demonstrated through the use of other alternatives~~, ~~cannot~~
	874	+	instruction, or make instruction available, to juvenile offenders in secure care
860	875		419
861		-	~~be controlled in a less secure setting~~.
	876	+	facilities.
862	877		420
863		-	(~~2)(a~~) The ~~director~~ shall ~~appoint an administrator for each secure care facility.~~
	878	+	(ii) The instruction shall be appropriate to the age, needs, and range of abilities of the
864	879		421
865		-	~~(b) An administrator of a secure care facility shall have experience in social work, law,~~
	880	+	juvenile offender.
866	881		422
867		-	~~criminology, corrections, or~~ a ~~related field,~~ ~~and in administration.~~
	882	+	(b) A secure care facility shall:
868	883		423
869		-	~~(3)(a)~~(i) ~~The division,~~ ~~in cooperation with~~ the ~~State Board of Education~~, ~~shall provide~~
	884	+	(i) assess each juvenile offender to determine the juvenile offender's abilities,
870	885		424
871		-	~~instruction~~, ~~or make instruction available~~, to ~~juvenile offenders in secure care~~
	886	+	possible learning disabilities, interests, attitudes, and other attributes related to
872	887		425
873		-	facilities.
	888	+	appropriate educational programs; and
	889	+	- 13 - 1st Sub. (Buff) H.B. 252 02-03 12:05
874	890		426
875		-	(ii) ~~The instruction shall be appropriate~~ to ~~the age,~~ ~~needs, and range of abilities of the~~
	891	+	(ii) provide prevocational education to juvenile offenders to acquaint juvenile
876	892		427
877		-	~~juvenile offender~~.
	893	+	offenders with vocations, and vocational requirements and opportunities.
878	894		428
879		-	(b) ~~A secure care facility~~ shall:
	895	+	(4)(a) The division shall place juvenile offenders who have been committed to the
880	896		429
881		-	~~(i) assess each juvenile offender to determine~~ the ~~juvenile offender's abilities,~~
	897	+	division for secure care in a secure care facility, operated by the division or by a
882	898		430
883		-	~~possible learning disabilities~~, ~~interests, attitudes,~~ and ~~other attributes related to~~
	899	+	private entity, that is appropriate to ensure that humane care and rehabilitation
884	900		431
885		-	appropriate educational programs; and
886		-	- 13 - H.B. 252 Enrolled Copy
	901	+	opportunities are afforded to the juvenile offender.
887	902		432
888		-	(ii) ~~provide prevocational education to juvenile offenders to acquaint juvenile~~
	903	+	(b) The division shall have separate housing units for male individuals and female
889	904		433
890		-	~~offenders with vocations,~~ ~~and vocational requirements and opportunities~~.
	905	+	individuals in secure care facilities.
891	906		434
892		-	(~~4)(a~~) The division shall ~~place juvenile offenders who have been committed to~~ the
	907	+	(5) The division shall adopt standards, policies, and procedures for the regulation and
893	908		435
894		-	~~division for~~ secure care ~~in a secure care facility~~, ~~operated by the division or by a~~
	909	+	operation of secure care facilities, consistent with state and federal law.
895	910		436
896		-	~~private entity,~~ ~~that is appropriate to ensure that humane care and rehabilitation~~
	911	+	Section 27. Effective Date.
897	912		437
898		-	opportunities are afforded to the juvenile offender.
899		-	438
900		-	(b) The division shall have separate housing units for male individuals and female
901		-	439
902		-	individuals in secure care facilities.
903		-	440
904		-	(5) The division shall adopt standards, policies, and procedures for the regulation and
905		-	441
906		-	operation of secure care facilities, consistent with state and federal law.
907		-	442
908		-	Section 11. Effective Date.
909		-	443
910	913		This bill takes effect on May 7, 2025.
911	914		- 14 -