Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 102 First Substitute (2021GS)

Sponsor

Rep. Dailey-Provost, J.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires a jail to provide a prisoner with the option of continuing certain medically prescribed methods of contraception;
• provides a sunset date; and
• makes technical changes.

Every vote on this bill

Bill text

CONTRACEPTION FOR INMATES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
Senate Sponsor: 
Luz Escamilla
Cosponsors:
Gay Lynn Bennion
Joel K. Briscoe
Sandra Hollins
Brian S. King
Karen Kwan
Rosemary T. Lesser
Ashlee Matthews
Carol Spackman Moss
Doug Owens
Stephanie Pitcher
Angela Romero
Andrew Stoddard
Elizabeth Weight
Mark A. Wheatley
LONG TITLE
General Description:
This bill modifies provisions related to the care of prisoners.
Highlighted Provisions:
This bill:
▸ requires a jail to provide a prisoner with the option of continuing certain medically
prescribed methods of contraception;
▸ provides a sunset date; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-22-8
, as last amended by Laws of Utah 2019, Chapter 385
63I-2-217
, as last amended by Laws of Utah 2020, Chapters 47, 114, and 434
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-22-8
 is amended to read:
17-22-8.
Care of prisoners -- Funding of services -- Private contractor.
(1) Except as provided in Subsection [
(4), the
] 
(5), a
 sheriff shall:
(a) receive [
all persons
] 
each individual
 committed to jail by competent authority;
(b) provide [
them
] 
each prisoner
 with necessary food, clothing, and bedding in the
manner prescribed by the county legislative body; [
and
]
(c) provide 
each prisoner
 medical care when:
(i) the [
person's
] 
prisoner's
 symptoms evidence a serious disease or injury;
(ii) the [
person's
] 
prisoner's
 disease or injury is curable or may be substantially
alleviated; and
(iii) the potential for harm to the person by reason of delay or the denial of medical
care would be substantial[
.
]
; and
(d) provide each prisoner, as part of the intake process, with the option of continuing
any of the following medically prescribed methods of contraception:
(i) an oral contraceptive;
(ii) an injectable contraceptive; or
(iii) an intrauterine device, if the prisoner was prescribed the intrauterine device
because the prisoner experiences serious and persistent adverse effects when using the methods
of contraception described in Subsections (1)(d)(i) and (ii).
(2) A sheriff may provide the generic form of a contraceptive described in Subsection
(1)(d)(i) or (ii).
[
(2) The
] 
(3) A
 sheriff shall follow the provisions of Section 
64-13-46
 if a prisoner is
pregnant and gives birth, including the reporting requirements in Subsection 
64-13-45
(2)(c).
[
(3) The
] 
(4) (a) Except as provided in Subsection (4)(b), the
 expense incurred in
providing [
these
] 
the
 services 
required by this section
 to prisoners shall be paid from the county
treasury, except as provided in Section 
17-22-10
.
(b) The expense incurred in providing the services described in Subsection (1)(d) to
prisoners shall be paid by the Department of Health.
[
(4)
] 
(5)
 If the county executive contracts with a private contractor to provide the
services required by this section, the sheriff shall provide only those services required of [
him
]
the sheriff
 by the contract between the county and the private contractor.
Section 2. Section 
63I-2-217
 is amended to read:
63I-2-217.
Repeal dates -- Title 17.
(1) (a) Subsections 
17-22-8
(1)(d) and (2) regarding contraceptives for inmates, is
repealed June 30, 2022.
(b) Subsection 
17-22-8
(4)(a), the language "Except as provided in Subsection (4)(b)" is
repealed June 30, 2022.
(c) Subsection 
17-22-8
(4)(b) regarding the Department of Health is repealed June 30,
2022.
(d) On July 1, 2022, when making the changes in this section, the Office of Legislative
Research and General Counsel shall in addition to its authority under Subsection 
36-12-12
(3):
(i) make corrections necessary to ensure that sections and subsections identified in this
section are complete sentences and accurately reflect the office's understanding of the
Legislature's intent; and
(ii) make necessary changes to subsection numbering and cross references.
[
(1)
] 
(2)
 Section 
17-22-32.2
, regarding restitution reporting, is repealed January 1,
2021.
[
(2)
] 
(3)
 Section 
17-22-32.3
, regarding the Jail Incarceration and Transportation Costs
Study Council, is repealed January 1, 2021.
[
(3)
] 
(4)
 Subsection 
17-27a-102
(1)(b), the language that states "or a designated
mountainous planning district" is repealed June 1, 2021.
[
(4)
] 
(5)
 (a) Subsection 
17-27a-103
(18)(b), regarding a mountainous planning district,
is repealed June 1, 2021.
(b) Subsection 
17-27a-103
(42), regarding a mountainous planning district, is repealed
June 1, 2021.
[
(5)
] 
(6)
 Subsection 
17-27a-210
(2)(a), the language that states "or the mountainous
planning district area" is repealed June 1, 2021.
[
(6)
] 
(7)
 (a) Subsection 
17-27a-301
(1)(b)(iii), regarding a mountainous planning
district, is repealed June 1, 2021.
(b) Subsection 
17-27a-301
(1)(c), regarding a mountainous planning district, is repealed
June 1, 2021.
(c) Subsection 
17-27a-301
(3)(a), the language that states " or (c)" is repealed June 1,
2021.
[
(7)
] 
(8)
 Section 
17-27a-302
, the language that states ", or mountainous planning
district" and "or the mountainous planning district," is repealed June 1, 2021.
[
(8)
] 
(9)
 Subsection 
17-27a-305
(1)(a), the language that states "a mountainous
planning district or" and ", as applicable" is repealed June 1, 2021.
[
(9)
] 
(10)
 (a) Subsection 
17-27a-401
(1)(b)(ii), regarding a mountainous planning
district, is repealed June 1, 2021.
(b) Subsection 
17-27a-401
(7), regarding a mountainous planning district, is repealed
June 1, 2021.
[
(10)
] 
(11)
 (a) Subsection 
17-27a-403
(1)(b)(ii), regarding a mountainous planning
district, is repealed June 1, 2021.
(b) Subsection 
17-27a-403
(1)(c)(iii), regarding a mountainous planning district, is
repealed June 1, 2021.
(c) Subsection 
17-27a-403
(2)(a)(iii), the language that states "or the mountainous
planning district" is repealed June 1, 2021.
(d) Subsection 
17-27a-403
(2)(c)(i), the language that states "or mountainous planning
district" is repealed June 1, 2021.
[
(11)
] 
(12)
 Subsection 
17-27a-502
(1)(d)(i)(B), regarding a mountainous planning
district, is repealed June 1, 2021.
[
(12)
] 
(13)
 Subsection 
17-27a-505.5
(2)(a)(iii), regarding a mountainous planning
district, is repealed June 1, 2021.
[
(13)
] 
(14)
 Subsection 
17-27a-602
(1)(b), the language that states "or, in the case of a
mountainous planning district, the mountainous planning district" is repealed June 1, 2021.
[
(14)
] 
(15)
 Subsection 
17-27a-604
(1)(b)(i)(B), regarding a mountainous planning
district, is repealed June 1, 2021.
[
(15)
] 
(16)
 Subsection 
17-27a-605
(1)(a), the language that states "or mountainous
planning district land" is repealed June 1, 2021.
[
(16)
] 
(17)
 Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed
June 1, 2021.
[
(17)
] 
(18)
 On June 1, 2021, when making the changes in this section, the Office of
Legislative Research and General Counsel shall:
(a) in addition to its authority under Subsection 
36-12-12
(3):
(i) make corrections necessary to ensure that sections and subsections identified in this
section are complete sentences and accurately reflect the office's understanding of the
Legislature's intent; and
(ii) make necessary changes to subsection numbering and cross references; and
(b) identify the text of the affected sections and subsections based upon the section and
subsection numbers used in Laws of Utah 2017, Chapter 448.
[
(18)
] 
(19)
 Subsection 
17-34-1
(5)(d), regarding county funding of certain municipal
services in a designated recreation area, is repealed June 1, 2021.
[
(19)
] 
(20)
 Title 17, Chapter 35b, Consolidation of Local Government Units, is
repealed January 1, 2022.
[
(20)
] 
(21)
 On June 1, 2022:
(a) Section 
17-52a-104
 is repealed;
(b) in Subsection 
17-52a-301
(3)(a), the language that states "or under a provision
described in Subsection 
17-52a-104
(1)(b) or (2)(b)," is repealed; and
(c) Subsection 
17-52a-301
(3)(a)(iv), regarding the first initiated process, is repealed.
[
(21)
] 
(22)
 On January 1, 2028, Subsection 
17-52a-103
(3), requiring certain counties to
initiate a change of form of government process by July 1, 2018, is repealed.