Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 205 Fourth Substitute (2018GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/22/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the Department of Corrections and county jails to report to the Commission on Criminal and Juvenile Justice regarding:
• in-custody inmate deaths;
• treatment policies for inmates with a substance or alcohol addiction; and
• medications dispensed to an inmate during incarceration;
• requires the Utah Substance Use and Mental Health Advisory Council to convene a workgroup to study alcohol and substance use withdrawal in county jails; and
• requires the Commission on Criminal and Juvenile Justice and the Utah Substance Use and Mental Health Advisory Council to report to the Law Enforcement and Criminal Justice Interim Committee.

Every vote on this bill

Bill text

INCARCERATION REPORTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
Carol Spackman Moss
LONG TITLE
General Description:
This bill relates to in-custody deaths and alcohol and substance use treatment policies in
county jails and the Department of Corrections.
Highlighted Provisions:
This bill:
▸ requires the Department of Corrections and county jails to report to the Commission
on Criminal and Juvenile Justice regarding:
• in-custody inmate deaths;
• treatment policies for inmates with a substance or alcohol addiction; and
• medications dispensed to an inmate during incarceration;
▸ requires the Utah Substance Use and Mental Health Advisory Council to convene a
workgroup to study alcohol and substance use withdrawal in county jails; and
▸ requires the Commission on Criminal and Juvenile Justice and the Utah Substance
Use and Mental Health Advisory Council to report to the Law Enforcement and
Criminal Justice Interim Committee.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a repeal date.
Utah Code Sections Affected:
ENACTS:
17-22-32
, Utah Code Annotated 1953
64-13-45
, Utah Code Annotated 1953
Uncodified Material Affected:
ENACTS UNCODIFIED MATERIAL
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-22-32
 is enacted to read:
 17-22-32.
County jail reporting requirements.
(1) As used in this section:
(a) (i) "In-custody death" means an inmate death that occurs while the inmate is in the
custody of a county jail.
(ii) "In-custody death" includes an inmate death that occurs while the inmate is:
(A) being transported for medical care; or
(B) receiving medical care outside of a county jail.
(b) "Inmate" means an individual who is processed or booked into custody or housed in
a county jail in the state.
(c) "Opiate" means the same as that term is defined in Section 
58-37-2
.
(2) So that the state may oversee the inmate health care system, a county jail shall
submit a report to the Commission on Criminal and Juvenile Justice, created in Section
63M-7-201
, before August 1 of each year that includes:
(a) the number of in-custody deaths that occurred during the preceding calendar year;
(b) the known, or discoverable on reasonable inquiry, causes and contributing factors
of each of the in-custody deaths described in Subsection (2)(a);
(c) the county jail's policy for notifying an inmate's next of kin after the inmate's
in-custody death;
(d) the county jail policies, procedures, and protocols:
(i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,
including use of opiates; and
(ii) relating to the county jail's provision, or lack of provision, of medications used to
treat, mitigate, or address an inmate's symptoms of withdrawal, including methadone and all
forms of buprenorphine and naltrexone; and
(e) any report the county jail provides or is required to provide under federal law or
regulation relating to inmate deaths.
(3) The Commission on Criminal and Juvenile Justice shall:
(a) compile the information from the reports described in Subsection (2);
(b) omit or redact any identifying information of an inmate in the compilation to the
extent omission or redaction is necessary to comply with state and federal law ; and
(c) submit the compilation to the Law Enforcement and Criminal Justice Interim
Committee and the Utah Substance Use and Mental Health Advisory Council before November
of each year.
Section 2. Section 
64-13-45
 is enacted to read:
 64-13-45.
Department reporting requirements.
(1) As used in this section:
(a) (i) "In-custody death" means an inmate death that occurs while the inmate is in the
custody of the department.
(ii) "In-custody death" includes an inmate death that occurs while the inmate is:
(A) being transported for medical care; or
(B) receiving medical care outside of a correctional facility, other than a county jail.
(b) "Inmate" means an individual who is processed or booked into custody or housed in
the department or a correctional facility other than a county jail.
(c) "Opiate" means the same as that term is defined in Section 
58-37-2
.
(2) So that the state may oversee the inmate health care system, the department shall
submit a report to the Commission on Criminal and Juvenile Justice, created in Section
63M-7-201
, before August 1 of each year that includes:
(a) the number of in-custody deaths that occurred during the preceding calendar year;
(b) the known, or discoverable on reasonable inquiry, causes and contributing factors
of each of the in-custody deaths described in Subsection (2)(a);
(c) the department's policy for notifying an inmate's next of kin after the inmate's
in-custody death;
(d) the department policies, procedures, and protocols:
(i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,
including use of opiates; and
(ii) relating to the department's provision, or lack of provision, of medications used to
treat, mitigate, or address an inmate's symptoms of withdrawal, including methadone and all
forms of buprenorphine and naltrexone; and
(e) any report the department provides or is required to provide under federal law or
regulation relating to inmate deaths.
(3) The Commission on Criminal and Juvenile Justice shall:
(a) compile the information from the reports described in Subsection (2);
(b) omit or redact any identifying information of an inmate in the compilation to the
extent omission or redaction is necessary to comply with state and federal law ; and
(c) submit the compilation to the Law Enforcement and Criminal Justice Interim
Committee and the Utah Substance Use and Mental Health Advisory Council before November
of each year.
Section 3. 
Substance use in county jails study -- Creation -- Membership -- Duties.
(1) The Utah Substance Use and Mental Health Advisory Council shall convene a
workgroup to study substance use treatment in county jails.
(2) The workgroup shall consist of individuals representing:
(a) the Division of Substance Abuse and Mental Health within the Department of
Human Services;
(b) the Utah Sheriffs' Association;
(c) the Statewide Association of Prosecutors of Utah;
(d) the Utah Association of Counties;
(e) a district attorney or a county attorney actively engaged in the practice of civil or
constitutional law from:
(i) a county of the first class described in Section 
17-50-501
; and
(ii) one county of the second, third, fourth, fifth, or sixth class described in Section
17-50-501
;
(f) the Department of Health;
(g) the Utah Association of Criminal Defense Lawyers;
(h) substance abuse treatment providers in Utah; and
(i) other stakeholders, as determined by the council.
(3) The workgroup shall identify:
(a) the number of deaths in county jails in the state after December 31, 2012, and
before January 1, 2017;
(b) treatment and other resources available to an offender suffering from alcohol or
substance use withdrawal in a county jail in the state; and
(c) other issues regarding substance use disorder related treatment in county jails in the
state.
(4) The council shall present a report of the workgroup's findings, including any
recommendations for legislation, to the Law Enforcement and Criminal Justice Interim
Committee before November 30, 2018.
Section 4. 
Repeal date.
Uncodified Section 3, Substance Use in County Jails Study, is repealed November 30,
2018.