Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 126 Third Substitute (2022GS)

Sponsor

Rep. Romero, A.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the Division of Juvenile Justice Services to create rules regarding policies and procedures to prevent, detect, and respond to sexual assaults of minors in detention and secure care facilities;
• requires the Division of Juvenile Justice Services to create rules regarding the collection and reporting of data regarding sexual assaults of minors in detention and secure care facilities; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DIVISION OF JUVENILE JUSTICE SERVICES RULEMAKING
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
Senate Sponsor: 
Luz Escamilla
LONG TITLE
General Description:
This bill addresses rulemaking authority by the Division of Juvenile Justice Services.
Highlighted Provisions:
This bill:
▸ requires the Division of Juvenile Justice Services to create rules regarding policies
and procedures to prevent, detect, and respond to sexual assaults of minors in
detention and secure care facilities;
▸ requires the Division of Juvenile Justice Services to create rules regarding the
collection and reporting of data regarding sexual assaults of minors in detention and
secure care facilities; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
80-5-202
, as enacted by Laws of Utah 2021, Chapter 261
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
80-5-202
 is amended to read:
80-5-202.
Division rulemaking authority -- Reports on sexual assault.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules 
to
:
(a) [
establishing
] 
establish
 standards for the admission of a minor to detention;
(b) [
that
] describe good behavior for which credit may be earned under Subsection
80-6-704
(4); [
and
]
(c) [
that
] establish a formula, in consultation with the Office of the Legislative Fiscal
Analyst, to calculate savings from General Fund appropriations under 2017 Laws of Utah,
Chapter 330, resulting from the reduction in out-of-home placements for juvenile offenders
with the division[
.
]
; and
(d) establish policies and procedures regarding sexual assaults that occur in detention
and secure care facilities.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules:
(a) that govern the operation of prevention and early intervention programs, youth
service programs, juvenile receiving centers, and other programs described in Section
80-5-401
; and
(b) that govern the operation of detention and secure care facilities.
(3) A rule made by the division under Subsection (1)(a):
(a) may not permit secure detention based solely on the existence of multiple status
offenses, misdemeanors, or infractions arising out of a single criminal episode; and
(b) shall prioritize use of home detention for a minor who might otherwise be held in
secure detention.
(4) The rules described in Subsection (1)(d) shall:
(a) require education and training, including:
(i) providing to minors detained in secure care and detention facilities, at intake and
periodically, easy-to-understand information, which is developed and approved by the division,
on sexual assault prevention, treatment, reporting, and counseling in consultation with
community groups with expertise in sexual assault prevention, treatment, reporting, and
counseling; and
(ii) providing training specific to sexual assault to division mental health professionals
and all division employees who have direct contact with minors regarding treatment and
methods of prevention and investigation;
(b) require reporting of any incident of sexual assault, including:
(i) ensuring the confidentiality of sexual assault reports from minors and the protection
of minors who report sexual assault; and
(ii) prohibiting retaliation and disincentives for reporting sexual assault;
(c) require safety and care for minors who report sexual assault, including:
(i) providing, in situations in which there is reason to believe that a sexual assault has
occurred, reasonable and appropriate measures to ensure the minor's safety by separating the
minor from the minor's assailant, if known;
(ii) providing acute trauma care for minors who report sexual assault, including
treatment of injuries, HIV prophylaxis measures, and testing for sexually transmitted
infections;
(iii) providing confidential mental health counseling for minors who report sexual
assault, including:
(A) access to outside community groups or victim advocates that have expertise in
sexual assault counseling; and
(B) enabling confidential communication between minors and community groups and
victim advocates; and
(iv) monitoring minors who report sexual assault for suicidal impulses, post-traumatic
stress disorder, depression, and other mental health consequences resulting from the sexual
assault;
(d) require staff reporting of sexual assault and staff discipline for failure to report or
for violating sexual assault policies, including:
(i) requiring all division employees to report any knowledge, suspicion, or information
regarding an incident of sexual assault to the director or the director's designee;
(ii) requiring disciplinary action for a division employee who fails to report as required;
and
(iii) requiring division employees to be subject to disciplinary sanctions up to and
including termination for violating agency sexual assault policies, with termination the
presumptive disciplinary sanction for division employees who have engaged in sexual assault,
consistent with constitutional due process protections and state personnel laws and rules;
(e) require that any report of an incident of sexual assault be referred to the Division of
Child and Family Services or a law enforcement agency with jurisdiction over the detention or
secure facility in which the alleged sexual assault occurred; and
(f) require data collection and reporting of all incidents of sexual assault from each
detention and secure care facility.
(5) The division shall annually report the data described in Section (4)(f) to the Law
Enforcement and Criminal Justice Interim Committee.