Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 111 Fourth Substitute (2023GS)

Sponsor

Rep. Watkins, C.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires a county or municipal jail to allow the continuation of medication assisted treatment plans for inmates who were active clients prior to incarceration;
• provides that a county may pay for medications used for medication assisted treatment plans;
• provides that a jail may, at the discretion of the sheriff, store medications used for medication assisted treatment plans; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

INMATE TREATMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Christine F. Watkins
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill requires county and municipal jails to allow medication assisted treatment by a
state-approved entity for inmates who were active clients prior to incarceration.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires a county or municipal jail to allow the continuation of medication assisted
treatment plans for inmates who were active clients prior to incarceration;
▸ provides that a county may pay for medications used for medication assisted
treatment plans;
▸ provides that a jail may, at the discretion of the sheriff, store medications used for
medication assisted treatment plans; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-8-58.5
, as last amended by Laws of Utah 2010, Chapter 378
17-22-8
, as last amended by Laws of Utah 2022, Chapter 123
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-8-58.5
 is amended to read:
10-8-58.5.
Contracting for management, maintenance, operation, or construction
of jails.
(1) As used in this section, "medication assisted treatment plan" means a prescription
plan to use buprenorphine, methadone, or naltrexone to treat substance use withdrawal
symptoms or an opioid use disorder.
[
(1)
] 
(2)
 (a) The governing body of a city or town may contract with private contractors
for management, maintenance, operation, and construction of city jails.
(b) The governing body may include a provision in the contract that requires that any
jail facility meet any federal, state, or local standards for the construction of jails.
[
(2)
] 
(3)
 If the governing body contracts only for the management, maintenance, or
operation of a jail, the governing body shall include provisions in the contract that:
(a) require the private contractor to post a performance bond in the amount set by the
governing body;
(b) establish training standards that shall be met by jail personnel;
(c) require the private contractor to provide and fund training for jail personnel so that
the personnel meet the standards established in the contract and any other federal, state, or local
standards for the operation of jails and the treatment of jail prisoners;
(d) require the private contractor to indemnify the city or town for errors, omissions,
defalcations, and other activities committed by the private contractor that result in liability to
the city or town;
(e) require the private contractor to show evidence of liability insurance protecting the
city or town and its officers, employees, and agents from liability arising from the construction,
operation, or maintenance of the jail, in an amount not less than those specified in Title 63G,
Chapter 7, Governmental Immunity Act of Utah;
(f) require the private contractor to:
(i) receive all prisoners committed to the jail by competent authority; [
and
]
(ii) provide them with necessary food, clothing, and bedding in the manner prescribed
by the governing body; and
(iii) cooperate with medical personnel to continue a medication assisted treatment plan
for an inmate if the inmate was an active client before arrest and commitment; and
(g) prohibit the use of inmates by the private contractor for private business purposes
of any kind.
(4) A medication used for a medication assisted treatment plan under Subsection
(3)(f)(iii):
(a) shall be administered to an inmate in accordance with the inmate's prescription
under the direction of the sheriff;
(b) may be paid for by a county; and
(c) may be left or stored at a jail at the discretion of the sheriff.
[
(3)
] 
(5)
 A contractual provision requiring the private contractor to maintain liability
insurance in an amount not less than the liability limits established by Title 63G, Chapter 7,
Governmental Immunity Act of Utah, may not be construed as waiving the limitation on
damages recoverable from a governmental entity or its employees established by that chapter.
Section 2. Section 
17-22-8
 is amended to read:
17-22-8.
Care of prisoners -- Funding of services -- Private contractor.
(1) As used in this section, "medication assisted treatment plan" means a prescription
plan to use buprenorphine, methadone, or naltrexone to treat substance use withdrawal
symptoms or an opioid use disorder.
[
(1)
] 
(2)
 Except as provided in Subsection [
(5)
] 
(7)
, a sheriff shall:
(a) receive each individual committed to jail by competent authority;
(b) provide each prisoner with necessary food, clothing, and bedding in the manner
prescribed by the county legislative body;
(c) provide each prisoner medical care when:
(i) the prisoner's symptoms evidence a serious disease or injury;
(ii) the 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;
(iii) a patch;
(iv) a vaginal ring; or
(v) 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)
] 
(2)(d)(i)
 and (ii)
; and
(e) cooperate with medical personnel to continue a medication assisted treatment plan
for an inmate if the inmate was an active client before arrest and commitment
.
[
(2)
] 
(3)
 A sheriff may provide the generic form of a contraceptive described in
Subsection [
(1)(d)(i)
] 
(2)(d)(i)
 or (ii).
[
(3)
] 
(4)
 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).
[
(4)
] 
(5)
 (a) Except as provided in 
Section 
17-22-10
 and
 Subsection [
(4)(b)
] 
(5)(b)
, the
expense incurred in providing 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)
]
(2)(d)
 to prisoners shall be paid by the Department of Health 
and Human Services
.
(6) A medication used for a medication assisted treatment plan under Subsection
(2)(e):
(a) shall be administered to an inmate in accordance with the inmate's prescription
under the direction of the sheriff;
(b) may be paid for by a county; and
(c) may be left or stored at a jail at the discretion of the sheriff.
[
(5)
] 
(7)
 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 the
sheriff by the contract between the county and the private contractor.