Bill
State Custody Amendments
- Number
- H.B. 252 (2025GS)
- Sponsor
- Rep. Lisonbee, Karianne
- Final action
- Governor Signed 3/19/2025
- Outcome
- Became law — signed by Gov. Spencer J. Cox
Summary
This bill amends provisions related to individuals in state custody.
What it does
- This bill:
- defines terms;
- enacts provisions related to treatments government entities may provide to individuals in state custody;
- amends housing provisions related to youth juvenile detention and secure care facilities;
- amends criminal laws related to improper relationships with individuals in state custody; and
- makes technical changes.
Every vote on this bill
1/24/2025House Comm - Substitute Recommendation
House Judiciary Committee
10-0-1not eligible / no record1/24/2025House Comm - Favorable Recommendation
House Judiciary Committee
8-2-1not eligible / no record1/31/2025House/ circled
House 3rd Reading Calendar for House bills
0-0-75not eligible / no record2/3/2025House/ uncircled
House 3rd Reading Calendar for House bills
0-0-75not eligible / no record2/3/2025House/ floor amendment
House 3rd Reading Calendar for House bills
0-0-75not eligible / no record2/3/2025House/ passed 3rd reading
Senate Secretary
60-14-1YEA2/10/2025Senate Comm - Favorable Recommendation
Senate Judiciary, Law Enforcement, and Criminal Justice Committee
5-1-3not eligible / no record2/13/2025Senate/ circled
Senate 2nd Reading Calendar
0-0-29not eligible / no record2/19/2025Senate/ uncircled
Senate 2nd Reading Calendar
0-0-29not eligible / no record2/19/2025Senate/ passed 2nd reading
Senate 3rd Reading Calendar
16-7-6not eligible / no record2/20/2025Senate/ passed 3rd reading
Senate President
19-6-4not eligible / no recordBill text
enrolled version · official source
28 17-22-8 17-22-8.2 26B-4-901 26B-4-325 26B-4-903 76-5-413 80-5-102 80-5-209 80-5-501 80-5-503 17-22-8 17-22-8.2 26B-4-901 26B-4-325 26B-4-903 76-5-413 80-5-102 80-5-209 80-5-501 80-5-503 0 State Custody Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Karianne Lisonbee Senate Sponsor: Derrin R. Owens Cosponsor: Jon Hawkins Michael J. Petersen Tyler Clancy Jason B. Kyle Ryan D. Wilcox Matthew H. Gwynn Trevor Lee LONG TITLE General Description: This bill amends provisions related to individuals in state custody. Highlighted Provisions: This bill: defines terms; enacts provisions related to treatments government entities may provide to individuals in state custody; amends housing provisions related to youth juvenile detention and secure care facilities; amends criminal laws related to improper relationships with individuals in state custody; 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 2023, Chapters 119, 420 76-5-413 , as last amended by Laws of Utah 2024, Chapter 240 80-5-102 , as last amended by Laws of Utah 2024, Chapter 240 80-5-501 , as renumbered and amended by Laws of Utah 2021, Chapter 261 80-5-503 , as renumbered and amended by Laws of Utah 2021, Chapter 261 ENACTS: 17-22-8.2 , Utah Code Annotated 1953 26B-4-901 , Utah Code Annotated 1953 26B-4-903 , Utah Code Annotated 1953 80-5-209 , Utah Code Annotated 1953 RENUMBERS AND AMENDS: 26B-4-902 , (Renumbered from 26B-4-325, as last amended by Laws of Utah 2024, Chapter 266) 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) 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. (2) Except as provided in Subsection (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) subject to Section 17-22-8.2 , 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; (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 (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. (3) A sheriff may provide the generic form of a contraceptive described in Subsection (2)(d)(i) or (ii) . (4) A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is pregnant or in postpartum recovery, including the reporting requirements in Subsection 64-13-45(2)(c) . (5) (a) Except as provided in Section 17-22-10 and Subsection (5)(b) , the expense incurred in providing the services required by this section to prisoners shall be paid from the county treasury. (b) The expense incurred in providing the services described in Subsection (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. (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. Section 2, Section 17-22-8.2 is enacted to read: 17-22-8.2 . Jail health care. (1) As used in this section: (a) "Cross-sex hormone treatment" means the same as that term is defined in Section 26B-4-901 . (b) "Primary sex characteristic surgical procedure" means the same as that term is defined in Section 26B-4-901 . (c) "Secondary sex characteristic surgical procedure" means the same as that term is defined in Section 26B-4-901 . (2) A sheriff may not initiate any of the following procedures or treatments for a prisoner: (a) a cross-sex hormone treatment; (b) a primary sex characteristic surgical procedure; or (c) a secondary sex characteristic surgical procedure. (3) Subject to Subsection (1) and Section 17-22-5 , to treat a prisoner's gender dysphoria and any co-occurring mental health disorder, the sheriff may provide psychotherapy, mental health care, or any other necessary and appropriate treatment. Section 3, Section 26B-4-901 is enacted to read: 9. Inmate Health 26B-4-901 . Definitions. As used in this part: (1) "Correctional facility" means a facility operated to house inmates in a secure or nonsecure setting: (a) by the Department of Corrections; or (b) under a contract with the Department of Corrections. (2) "Cross-sex hormone treatment" means administering, prescribing, or supplying for effectuating or facilitating an individual's attempted sex change: (a) to an individual whose biological sex at birth is female, a dose of testosterone or other androgens at levels above those normally found in an individual whose biological sex at birth is female; or (b) to an individual whose biological sex at birth is male, a dose of estrogen or a synthetic compound with estrogenic activity or effect at levels above those normally found in an individual whose biological sex at birth is male. (3) "Health care facility" means the same as that term is defined in Section 26B-2-201 . (4) "Inmate" means an individual who is: (a) committed to the custody of the Department of Corrections; and (b) housed at a correctional facility or at a county jail at the request of the Department of Corrections. (5) "Medical monitoring technology" means a device, application, or other technology that can be used to improve health outcomes and the experience of care for patients, including evidence-based clinically evaluated software and devices that can be used to monitor and treat diseases and disorders. (6) (a) "Primary sex characteristic surgical procedure" means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change: (i) for an individual whose biological sex at birth is male, castration, orchiectomy, penectomy, vaginoplasty, or vulvoplasty; (ii) for an individual whose biological sex at birth is female, hysterectomy, oophorectomy, metoidioplasty, or phalloplasty; or (iii) any surgical procedure that is related to or necessary for a procedure described in Subsection (6)(a)(i) or (ii), that would result in the sterilization of an individual who is not sterile. (b) "Primary sex characteristic surgical procedure" does not include: (i) surgery or other procedures or treatments performed on an individual who: (A) is born with external biological sex characteristics that are irresolvably ambiguous; (B) is born with 46, XX chromosomes with virilization; (C) is born with 46, XY chromosomes with undervirilization; (D) has both ovarian and testicular tissue; or (E) has been diagnosed by a physician, based on genetic or biochemical testing, with a sex development disorder characterized by abnormal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female; or (ii) removing a body part: (A) because the body part is cancerous or diseased; or (B) for a reason that is medically necessary, other than to effectuate or facilitate an individual's attempted sex change. (7) (a) "Secondary sex characteristic surgical procedure" means any of the following if done for the purpose of effectuating or facilitating an individual's attempted sex change: (i) for an individual whose biological sex at birth is male, breast augmentation surgery, chest feminization surgery, or facial feminization surgery; or (ii) for an individual whose biological sex at birth is female, mastectomy, breast reduction surgery, chest masculinization surgery, or facial masculinization surgery. (b) "Secondary sex characteristic surgical procedure" does not include: (i) surgery or other procedures or treatments performed on an individual who: (A) is born with external biological sex characteristics that are irresolvably ambiguous; (B) is born with 46, XX chromosomes with virilization; (C) is born with 46, XY chromosomes with undervirilization; (D) has both ovarian and testicular tissue; or (E) has been diagnosed by a physician, based on genetic or biochemical testing, with a sex development disorder characterized by abnormal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female; or (ii) removing a body part: (A) because the body part is cancerous or diseased; or (B) for a reason that is medically necessary, other than to effectuate or facilitate an individual's attempted sex change. (8) "Terminally ill" means the same as that term is defined in Section 31A-36-102 . Section 4, Section 26B-4-902 , which is renumbered from Section 26B-4-325 is renumbered and amended to read: 26B-4-325 26B-4-902 . Medical care for inmates -- Reporting of statistics. As used in this section: (1) "Correctional facility" means a facility operated to house inmates in a secure or nonsecure setting: (a) by the Department of Corrections; or (b) under a contract with the Department of Corrections. (2) "Health care facility" means the same as that term is defined in Section 26B-2-201 . (3) "Inmate" means an individual who is: (a) committed to the custody of the Department of Corrections; and (b) housed at a correctional facility or at a county jail at the request of the Department of Corrections. (4) "Medical monitoring technology" means a device, application, or other technology that can be used to improve health outcomes and the experience of care for patients, including evidence-based clinically evaluated software and devices that can be used to monitor and treat diseases and disorders. (5) "Terminally ill" means the same as that term is defined in Section 31A-36-102 . (6) (1) The department shall: (a) for each health care facility owned or operated by the Department of Corrections, assist the Department of Corrections in complying with Section 64-13-39 ; (b) in coordination with the Department of Corrections, and as the Department of Correction's agent: (i) create policies and procedures for providing comprehensive health care to inmates; (ii) provide inmates with comprehensive health care; and (iii) develop standard population indicators and performance measures relating to the health of inmates; and (c) collaborate with the Department of Corrections to comply with Section 64-13-25.1 . (7) (2) In providing the comprehensive health care described in Subsection (6)(b)(ii) (1)(b)(ii) , the department may not, without entering into an agreement with the Department of Corrections, provide, operate, or manage any treatment plans for inmates that are: (a) required to be provided, operated, or managed by the Department of Corrections in accordance with Section 64-13-6 ; and (b) not related to the comprehensive health care provided by the department. (8) (3) Beginning July 1, 2023, and ending June 30, 2024, the department shall: (a) evaluate and study the use of medical monitoring technology and create a plan for a pilot program that identifies: (i) the types of medical monitoring technology that will be used during the pilot program; and (ii) eligibility for participation in the pilot program; and (b) make the indicators and performance measures described in Subsection (6)(b)(iii) (1)(b)(iii) available to the public through the Department of Corrections and the department websites. (9) (4) Beginning July 1, 2024, and ending June 30, 2029, the department shall implement the pilot program. (10) (5) The department shall submit to the Health and Human Services Interim Committee and the Law Enforcement and Criminal Justice Interim Committee: (a) a report on or before October 1 of each year regarding the costs and benefits of the pilot program; (b) a report that summarizes the indicators and performance measures described in Subsection (6)(b)(iii) (1)(b)(iii) on or before October 1, 2024; and (c) an updated report before October 1 of each year that compares the indicators and population measures of the most recent year to the initial report described in Subsection (10)(b) (5)(b) . (11) (6) An inmate receiving comprehensive health care from the department remains in the custody of the Department of Corrections. Section 5, Section 26B-4-903 is enacted to read: 26B-4-903 . Requirements for certain treatments for inmates. (1) The department may not initiate any of the following procedures or treatments for an inmate: (a) a cross-sex hormone treatment; (b) a primary sex characteristic surgical procedure; or (c) a secondary sex characteristic surgical procedure. (2) Subject to Subsection (1) and Section 63-14-45 , to treat an inmate's gender dysphoria and any co-occurring mental health disorder, the department may provide psychotherapy, mental health care, or any other necessary and appropriate treatment. Section 6, Section 76-5-413 is amended to read: 76-5-413 . Custodial sexual relations with youth receiving state services -- Penalties -- Defenses and limitations. (1) (a) As used in this section: (i) "Actor" means: (A) an individual employed by the Department of Health and Human Services created in Section 26B-1-201 , or an employee of a private provider or contractor; or (B) an individual employed by the juvenile court of the state, or an employee of a private provider or contractor. (ii) "Department" means the Department of Health and Human Services created in Section 26B-1-201 . (iii) "Juvenile court" means the juvenile court of the state created in Section 78A-6-102 . (iv) "Private provider or contractor" means a person that contracts with the: (A) department to provide services or functions that are part of the operation of the department; or (B) juvenile court to provide services or functions that are part of the operation of the juvenile court. (v) "Youth receiving state services" means an individual: (A) younger than 18 years old, except as provided under Subsection (1)(a)(v)(B), who is: (I) in the custody of the department under Section 80-6-703 ; or (II) receiving services from any division of the department if any portion of the costs of these services is covered by public money; or (B) younger than 21 25 years old: (I) who is in the custody of the Division of Juvenile Justice and Youth Services, or the Division of Child and Family Services; or (II) whose case is under the jurisdiction of the juvenile court. (b) Terms defined in Section 76-1-101.5 apply to this section. (2) (a) Under circumstances not amounting to an offense listed in Subsection (4), an actor commits custodial sexual relations with a youth receiving state services if: (i) the actor commits any of the acts described in Subsection (2)(b); and (ii) (A) the actor knows that the individual is a youth receiving state services; or (B) a reasonable person in the actor's position should have known under the circumstances that the individual was a youth receiving state services. (b) Acts referred to in Subsection (2)(a)(i) are: (i) having sexual intercourse with a youth receiving state services; (ii) engaging in any sexual act with a youth receiving state services involving the genitals of one individual and the mouth or anus of another individual; or (iii) (A) causing the penetration, however slight, of the genital or anal opening of a youth receiving state services by any foreign object, substance, instrument, or device, including a part of the human body; and (B) with the intent to cause substantial emotional or bodily pain to any individual or with the intent to arouse or gratify the sexual desire of any individual. (c) Any touching, even if accomplished through clothing, is sufficient to constitute the relevant element of a violation of Subsection (2)(a). (3) (a) A violation of Subsection (2) is a third degree felony. (b) Notwithstanding Subsection (3)(a), if the youth receiving state services is younger than 18 years old, a violation of Subsection (2) is a second degree felony. (c) If the act committed under Subsection (2) amounts to an offense subject to a greater penalty under another provision of state law than is provided under this Subsection (3), this Subsection (3) does not prohibit prosecution and sentencing for the more serious offense. (4) The offenses referred to in Subsection (2) are: (a) unlawful sexual activity with a minor, in violation of Section 76-5-401 ; (b) rape, in violation of Section 76-5-402 ; (c) rape of a child, in violation of Section 76-5-402.1 ; (d) object rape, in violation of Section 76-5-402.2 ; (e) object rape of a child, in violation of Section 76-5-402.3 ; (f) forcible sodomy, in violation of Section 76-5-403 ; (g) sodomy on a child, in violation of Section 76-5-403.1 ; (h) forcible sexual abuse, in violation of Section 76-5-404 ; (i) sexual abuse of a child, in violation of Section 76-5-404.1 ; (j) aggravated sexual abuse of a child, in violation of Section 76-5-404.3 ; (k) aggravated sexual assault, in violation of Section 76-5-405 ; or (l) an attempt to commit an offense listed in Subsections (4)(a) through (4)(k). (5) (a) It is not a defense to the commission of, or an attempt to commit, the offense described in Subsection (2) if the youth receiving state services is younger than 18 years old, that the actor: (i) mistakenly believed the youth receiving state services to be 18 years old or older at the time of the alleged offense; or (ii) was unaware of the true age of the youth receiving state services. (b) Consent of the youth receiving state services is not a defense to any violation or attempted violation of Subsection (2). (6) It is a defense that the commission by the actor of an act under Subsection (2) is the result of compulsion, as the defense is described in Subsection 76-2-302 (1). Section 7, Section 80-5-102 is amended to read: 80-5-102 . Definitions. As used in this chapter: (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in Section 80-5-302 . (2) (a) "Adult" means an individual who is 18 years old or older. (b) "Adult" does not include a juvenile offender. (3) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R. 1351.1. (4) "Authority" means the Youth Parole Authority created in Section 80-5-701 . (5) "Control" means the authority to detain, restrict, and supervise a juvenile offender in a manner consistent with public safety and the well-being of the juvenile offender and division employees. (6) "Cross-sex hormone treatment" means the same as that term is defined in Section 26B-4-901 . (6) (7) "Director" means the director of the Division of Juvenile Justice and Youth Services. (7) (8) "Discharge" means the same as that term is defined in Section 80-6-102 . (8) (9) "Division" means the Division of Juvenile Justice and Youth Services created in Section 80-5-103 . (9) (10) "Homeless youth" means a child, other than an emancipated minor: (a) who is a runaway; or (b) who is: (i) not accompanied by the child's parent or guardian; and (ii) without care, as defined in Section 80-5-602 . (11) "Housing unit" means an area with secured entrances, minor rooms, and common area space. (12) "Minor room" means a secured room where an individual sleeps and uses restroom facilities. (10) (13) "Observation and assessment program" means a nonresidential service program operated or purchased by the division that is responsible only for diagnostic assessment of minors, including for substance use disorder, mental health, psychological, and sexual behavior risk assessments. (11) (14) "Performance based contracting" means a system of contracting with service providers for the provision of residential or nonresidential services that: (a) provides incentives for the implementation of evidence-based juvenile justice programs or programs rated as effective for reducing recidivism by a standardized tool in accordance with Section 63M-7-208 ; and (b) provides a premium rate allocation for a minor who receives the evidence-based dosage of treatment and successfully completes the program within three months. (15) "Puberty inhibition drug treatment" means administering, prescribing, or supplying for effectuating or facilitating an individual's attempted sex change, any of the following alone or in combination with aromatase inhibitors: (a) gonadotropin-releasing hormone agonists; or (b) androgen receptor inhibitors. (16) "Primary sex characteristic surgical procedure" means the same as that term is defined in Section 26B-4-901 . (12) (17) "Rescission" means the same as that term is defined in Section 80-6-102 . (13) (18) "Restitution" means the same as that term is defined in Section 80-6-102 . (14) (19) "Revocation" means the same as that term is defined in Section 80-6-102 . (20) "Secondary sex characteristic surgical procedure" means the same as that term is defined in Section 26B-4-901 . (15) (21) "Temporary custody" means the same as that term is defined in Section 80-6-102 . (16) (22) "Temporary homeless youth shelter" means a facility that: (a) provides temporary shelter to homeless youth; and (b) is licensed by the Department of Health and Human Services, created in Section 26B-1-201 , as a residential support program. (17) (23) "Termination" means the same as that term is defined in Section 80-6-102 . (18) (24) "Victim" means the same as that term is defined in Section 80-6-102 . (19) (25) "Work program" means a nonresidential public or private service work project established and administered by the division for juvenile offenders for the purpose of rehabilitation, education, and restitution to victims. (20) (26) (a) "Youth services" means services provided in an effort to resolve family conflict: (i) for families in crisis when a minor is ungovernable or a runaway; or (ii) involving a minor and the minor's parent or guardian. (b) "Youth services" include efforts to: (i) resolve family conflict; (ii) maintain or reunite minors with the minors' families; and (iii) divert minors from entering or escalating in the juvenile justice system. (c) "Youth services" may provide: (i) crisis intervention; (ii) short-term shelter; (iii) time-out placement; and (iv) family counseling. (21) (27) "Youth services center" means a center established by, or under contract with, the division to provide youth services. Section 8, Section 80-5-209 is enacted to read: 80-5-209 . Health care for minors in custody. (1) The division may not initiate any of the following procedures or treatments for a minor: (a) puberty inhibition drug treatment; (b) a cross-sex hormone treatment; (c) a primary sex characteristic surgical procedure; or (d) a secondary sex characteristic surgical procedure. (2) Subject to Subsection (1) and Sections 80-5-501 and 80-5-503 regarding housing a minor, to treat a minor's gender dysphoria and any co-occurring mental health disorder, the division may provide psychotherapy, mental health care, or any other necessary and appropriate treatment. Section 9, Section 80-5-501 is amended to read: 80-5-501 . Detention facilities and services. (1) The division shall provide detention facilities and services in each county, or group of counties, as the population demands, in accordance with this chapter. (2) (a) The division is responsible for development, implementation, and administration of home detention services available in every judicial district. (b) The division shall establish criteria for placement in home detention. (3) The division shall provide training regarding implementation of the rules made under Subsection 80-5-202(1)(a) to law enforcement agencies, division employees, juvenile court employees, and other affected agencies and individuals upon their request. (4) The division may not allow a male individual and female individual to share a minor room in a detention facility. Section 10, Section 80-5-503 is amended to read: 80-5-503 . Secure care facilities. (1) The division shall maintain and operate secure care facilities for the custody and rehabilitation of juvenile offenders: (a) who pose a danger of serious bodily harm to others; (b) who cannot be controlled in a less secure setting; or (c) who have engaged in a pattern of conduct characterized by persistent and serious criminal offenses that, as demonstrated through the use of other alternatives, cannot be controlled in a less secure setting. (2) (a) The director shall appoint an administrator for each secure care facility. (b) An administrator of a secure care facility shall have experience in social work, law, criminology, corrections, or a related field, and in administration. (3) (a) (i) The division, in cooperation with the State Board of Education, shall provide instruction, or make instruction available, to juvenile offenders in secure care facilities. (ii) The instruction shall be appropriate to the age, needs, and range of abilities of the juvenile offender. (b) A secure care facility shall: (i) assess each juvenile offender to determine the juvenile offender's abilities, possible learning disabilities, interests, attitudes, and other attributes related to appropriate educational programs; and (ii) provide prevocational education to juvenile offenders to acquaint juvenile offenders with vocations, and vocational requirements and opportunities. (4) (a) The division shall place juvenile offenders who have been committed to the division for secure care in a secure care facility, operated by the division or by a private entity, that is appropriate to ensure that humane care and rehabilitation opportunities are afforded to the juvenile offender. (b) The division shall have separate housing units for male individuals and female individuals in secure care facilities. (5) The division shall adopt standards, policies, and procedures for the regulation and operation of secure care facilities, consistent with state and federal law. Section 11. Effective Date. This bill takes effect on May 7, 2025 . 3-6-25 12:38 PM