Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 326 (2025GS)

Sponsor

Rep. Pierucci, Candice B.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires the Department of Corrections (the department) and the county jails to ensure that each female individual admitted to a correctional facility is tested for pregnancy;
• requires the department and each county jail to collect certain parental information on inmates;
• requires the department and each county jail to report to the State Commission on Criminal and Juvenile Justice:
• the number of known pregnant inmates in custody; and
• the number of inmates in custody who are parents to a minor child;
• amends the membership of the Correctional Postnatal and Early Childhood Advisory Board (the board);
• extends the repeal date of the board; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

26
17-22-5
17-22-8
17-22-32
63I-1-264
64-13-1
64-13-7
64-13-10.4
64-13-45
64-13-46
64-13-46.1
77-18-103
Pregnant and Postpartum Inmate Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: 
LONG TITLE
General Description:
This bill addresses statutes regarding pregnant and postpartum inmates.
Highlighted Provisions:
This bill:
requires the Department of Corrections (the department) and the county jails to ensure 
that each female individual admitted to a correctional facility is tested for pregnancy;
requires the department and each county jail to collect certain parental information on 
inmates;
requires the department and each county jail to report to the State Commission on 
Criminal and Juvenile Justice:
the number of known pregnant inmates in custody; and
the number of inmates in custody who are parents to a minor child;
amends the membership of the Correctional Postnatal and Early Childhood Advisory 
Board (the board);
extends the repeal date of the board;
requires a sentencing court, when considering whether to impose a sentence of 
imprisonment for a defendant with a minor child, to consider the potential harm that the 
incarceration could inflict on the child; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-22-5
, as last amended by Laws of Utah 2024, Chapters 96, 187 and 341
17-22-8
, as last amended by Laws of Utah 2023, Chapters 119, 420
17-22-32
, as last amended by Laws of Utah 2024, Chapter 245
63I-1-264
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
64-13-1
, as last amended by Laws of Utah 2023, Chapters 177, 322 and 414
64-13-7
, as last amended by Laws of Utah 2024, Chapter 341
64-13-10.4
, as enacted by Laws of Utah 2023, Chapter 414
64-13-45
, as last amended by Laws of Utah 2024, Chapters 245, 341
64-13-46
, as last amended by Laws of Utah 2024, Chapter 182
64-13-46.1
, as renumbered and amended by Laws of Utah 2024, Chapter 182
77-18-103
, as last amended by Laws of Utah 2024, Chapters 187, 245 and 434
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
17-22-5
 is amended to read:
17-22-5. Sheriff's classification of jail inmates -- Classification criteria -- 
Alternative incarceration programs -- Limitation.
(1)
As used in this section, "living area" means the same as that term is defined in Section 
64-13-7
.
(2)
(a)
Except as provided in Subsections (5) and 
(6)
(7)
, the sheriff shall adopt and 
implement written policies for admission of inmates to the county jail and the 
classification of individuals incarcerated in the jail which shall provide for the 
separation of prisoners by gender and by such other factors as may reasonably 
provide for the safety and well-being of inmates and the community. 
(b)
To the extent authorized by law, any written admission policies adopted and 
implemented under this Subsection 
(2)
 shall be applied equally to all entities using 
the county correctional facilities.
(3)
Except as provided in Subsections 
(5)
 and 
(6)
(7)
, each county sheriff shall assign 
inmates to a facility or section of a facility based on classification criteria that the sheriff 
develops and maintains.
(4)
(a)
Except as provided in Subsection 
(6)
(7)
, a county sheriff may develop and 
implement alternative incarceration programs that may involve housing an inmate in 
a jail facility.
(b)
An inmate housed under an alternative incarceration program under Subsection (4)(a) 
shall be considered to be in the full custody and control of the sheriff for purposes of 
Sections 
76-8-309
 and 
76-8-309.3
.
(c)
An inmate may not be placed in an alternative incarceration program under 
Subsection (4)(a) unless:
(i)
the jail facility is at maximum operating capacity, as established under Section 
17-22-5.5
; or
(ii)
ordered by the court.
(5)
A jail facility shall comply with the same requirements as the Department of 
Corrections described in Subsections 
64-13-7(4)
, (5), and 
(6)
(7)
 when assigning an 
inmate to a living area, including the reporting requirements in Subsections 
64-13-45(2)(d)
 and (e).
64-13-45(f)
 and (g).
(6)
At the time an inmate is booked into a county jail, the county sheriff shall request and 
retain the following information from the inmate:
(a)
whether the inmate is a parent to a minor child; and
(b)
if applicable:
(i)
the number of minor children to whom the inmate is a parent; and 
(ii)
the ages of the minor children described in Subsection (6)(b)(i).
(6)
(7)
This section does not authorize a sheriff to modify provisions of a contract with the 
Department of Corrections to house in a county jail inmates sentenced to the Department 
of Corrections.
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.
(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)
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
.
; and
(f)
ensure that each female prisoner younger than 50 years old who has been 
incarcerated for longer than 72 hours is offered, which the prisoner may reject, a test 
for pregnancy.
(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 3, Section 
17-22-32
 is amended to read:
17-22-32. County jail reporting requirements.
(1)
As used in this section:
(a)
"Commission" means the State Commission on Criminal and Juvenile Justice created 
in Section 
63M-7-201
.
(b)
(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.
(c)
"Inmate" means an individual who is processed or booked into custody or housed in 
a county jail in the state.
(d)
"Opiate" means the same as that term is defined in Section 
58-37-2
.
(2)
Each county jail shall submit a report to the commission before June 15 of each year 
that includes, for the preceding calendar year:
(a)
the average daily inmate population each month;
(b)
the number of inmates in the county jail on the last day of each month who identify 
as each race or ethnicity included in the Standards for Transmitting Race and 
Ethnicity published by the Untied States Federal Bureau of Investigation;
(c)
the number of inmates booked into the county jail;
(d)
the number of inmates held in the county jail each month on behalf of each of the 
following entities:
(i)
the Bureau of Indian Affairs;
(ii)
a state prison;
(iii)
a federal prison;
(iv)
the United States Immigration and Customs Enforcement;
 and
(v)
any other entity with which a county jail has entered a contract to house inmates 
on the entity's behalf;
(e)
the number of inmates that are denied pretrial release and held in the custody of the 
county jail while the inmate awaited final disposition of the inmate's criminal charges;
(f)
for each inmate booked into the county jail:
(i)
the name of the agency that arrested the inmate;
(ii)
the date and time the inmate was booked into and released from the custody of 
the county jail;
(iii)
if the inmate was released from the custody of the county jail, the reason the 
inmate was released from the custody of the county jail;
(iv)
if the inmate was released from the custody of the county jail on a financial 
condition, whether the financial condition was set by a county sheriff or a court;
(v)
the number of days the inmate was held in the custody of the county jail before 
disposition of the inmate's criminal charges;
(vi)
whether the inmate was released from the custody of the county jail before final 
disposition of the inmate's criminal charges; and
(vii)
the state identification number of the inmate;
(g)
the number of in-custody deaths that occurred at the county jail;
(h)
for each in-custody death:
(i)
the name, gender, race, ethnicity, age, and known or suspected medical diagnosis 
or disability, if any, of the deceased;
(ii)
the date, time, and location of death;
(iii)
the law enforcement agency that detained, arrested, or was in the process of 
arresting the deceased; and
(iv)
a brief description of the circumstances surrounding the death;
(i)
the known, or discoverable on reasonable inquiry, causes and contributing factors of 
each of the in-custody deaths described in Subsection (2)(g);
(j)
the county jail's policy for notifying an inmate's next of kin after the inmate's 
in-custody death;
(k)
the county jail policies, procedures, and protocols:
(i)
for treatment of an inmate experiencing withdrawal from alcohol or substance use, 
including use of opiates;
(ii)
that relate 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
(iii)
that relate to screening, assessment, and treatment of an inmate for a substance 
use or mental health disorder;
 and
(l)
the number of female inmates that the county jail knows were pregnant while 
incarcerated in the county jail;
(m)
the number of inmates who gave birth and were restrained in accordance with 
Section 
64-13-46
, including:
(i)
the types of restraints used; and
(ii)
whether the use of restraints was to prevent escape or to ensure the safety of the 
inmate, medical or corrections staff, or the public;
(n)
the number of inmates incarcerated in the county jail who are the parent of a minor 
child as that term is defined in Section 
81-1-101
; and
(l)
(o)
any report the county jail provides or is required to provide under federal law or 
regulation relating to inmate deaths.
(3)
(a)
Subsection (2) does not apply to a county jail if the county jail:
(i)
collects and stores the data described in Subsection (2); and
(ii)
enters into a memorandum of understanding with the commission that allows the 
commission to access the data described in Subsection (2).
(b)
The memorandum of understanding described in Subsection (3)(a)(ii) shall include a 
provision to protect any information related to an ongoing investigation and comply 
with all applicable federal and state laws.
(c)
If the commission accesses data from a county jail in accordance with Subsection 
(3)(a), the commission may not release a report prepared from that data, unless:
(i)
the commission provides the report for review to:
(A)
the county jail; and
(B)
any arresting agency that is named in the report; and
(ii)
(A)
the county jail approves the report for release;
(B)
the county jail reviews the report and prepares a response to the report to be 
published with the report; or
(C)
the county jail fails to provide a response to the report within four weeks after 
the day on which the commission provides the report to the county jail.
(4)
The commission 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;
(c)
submit the compilation to the Law Enforcement and Criminal Justice Interim 
Committee and the Utah Substance Use and Mental Health Advisory Committee 
before November 1 of each year; and
(d)
submit the compilation to the protection and advocacy agency designated by the 
governor before November 1 of each year.
(5)
The commission may not provide access to or use a county jail's policies, procedures, or 
protocols submitted under this section in a manner or for a purpose not described in this 
section.
(6)
A report including only the names and causes of death of deceased inmates and the 
facility in which they were being held in custody shall be made available to the public.
Section 4, Section 
63I-1-264
 is amended to read:
63I-1-264. Repeal dates: Title 64.
Section 
64-13-46.1
, Correctional Postnatal and Early Childhood Advisory Board, is 
repealed July 1, 
2025
2027
.
Section 5, Section 
64-13-1
 is amended to read:
64-13-1. Definitions.
As used in this chapter:
(1)
"Behavioral health transition facility" means a nonsecure correctional facility operated 
by the department for the purpose of providing a therapeutic environment for offenders 
receiving mental health services.
(2)
"Case action plan" means a document developed by the Department of Corrections that 
identifies:
(a)
the program priorities for the treatment of the offender, including the criminal risk 
factors as determined by risk, needs, and responsivity assessments conducted by the 
department; and
(b)
clearly defined completion requirements.
(3)
"Community correctional center" means a nonsecure correctional facility operated by 
the department, but does not include a behavioral health transition facility for the 
purposes of Section 
64-13f-103
.
(4)
"Correctional facility" means any facility operated to house offenders in a secure or 
nonsecure setting:
(a)
by the department; or
(b)
under a contract with the department.
(5)
"Criminal risk factors" means an individual's characteristics and behaviors that:
(a)
affect the individual's risk of engaging in criminal behavior; and
(b)
are diminished when addressed by effective treatment, supervision, and other support 
resources, resulting in a reduced risk of criminal behavior.
(6)
"Department" means the Department of Corrections.
(7)
"Direct supervision" means a housing and supervision system that is designed to meet 
the goals described in Subsection 
64-13-14(5)
 and has the elements described in 
Subsection 
64-13-14(6)
.
(8)
"Emergency" means any riot, disturbance, homicide, inmate violence occurring in any 
correctional facility, or any situation that presents immediate danger to the safety, 
security, and control of the department.
(9)
"Evidence-based" means a program or practice that has had multiple randomized control 
studies or a meta-analysis demonstrating that the program or practice is effective for a 
specific population or has been rated as effective by a standardized program evaluation 
tool.
(10)
"Evidence-informed" means a program or practice that is based on research and the 
experience and expertise of the department.
(11)
"Executive director" means the executive director of the Department of Corrections.
(12)
"Inmate" means an individual who is:
(a)
committed to the custody of the department; and
(b)
housed at a correctional facility or at a county jail at the request of the department.
(13)
"Minor child" means the same as that term is defined in Section 
81-1-101
.
(13)
(14)
"Offender" means an individual who has been convicted of a crime for which the 
individual may be committed to the custody of the department and is at least one of the 
following:
(a)
committed to the custody of the department;
(b)
on probation; or
(c)
on parole.
(14)
(15)
"Recidivism" means a return to criminal activity after a previous criminal 
conviction.
(15)
(16)
"Restitution" means the same as that term is defined in Section 
77-38b-102
.
(16)
(17)
"Risk and needs assessment" means an actuarial tool validated on criminal 
offenders that determines:
(a)
an individual's risk of reoffending; and
(b)
the criminal risk factors that, when addressed, reduce the individual's risk of 
reoffending.
(17)
(18)
"Secure correctional facility" means any prison, penitentiary, or other institution 
operated by the department or under contract for the confinement of offenders, where 
force may be used to restrain an offender if the offender attempts to leave the institution 
without authorization.
(18)
(19)
"Serious illness" means, as determined by the inmate's physician, an illness that 
substantially impairs the inmate's quality of life.
(19)
(20)
"Serious injury" means, as determined by the inmate's physician, bodily injury 
that involves a substantial risk of death, prolonged unconsciousness, prolonged and 
obvious disfigurement, or prolonged loss or impairment of the function of a bodily 
member, organ, or mental faculty.
(20)
(21)
"State-issued driver license" means a driver license issued in accordance with 
Title 53, Chapter 3, Part 2, Driver Licensing Act
, or an equivalent issued by another 
state.
(21)
(22)
"State-issued identification card" means an identification card issued in 
accordance with 
Title 53, Chapter 3, Part 8, Identification Card Act
, or an equivalent 
issued by another state.
Section 6, Section 
64-13-7
 is amended to read:
64-13-7. Individuals in custody.
(1)
As used in this section:
(a)
"Biological sex at birth" means the same as that term is defined in Section 
26B-8-101
.
(b)
"Correctional facility" means the same as that term is defined in Section 
77-16b-102
.
(c)
"Criminogenic factor" means a personal trait, condition, outside influence, or societal 
factor that tends to increase an inmate's likelihood of committing a criminal offense.
(d)
(i)
"Living area" means a location within a correctional facility where an inmate is 
assigned to sleep, recreate, study, or interact with other inmates.
(ii)
"Living area" does not include a location within a correctional facility where an 
inmate is temporarily placed by staff of the correctional facility to facilitate 
transfers, visitation, medical care, or other needs of the correctional facility or 
inmate.
(e)
"Transgender inmate" means an inmate whose gender identity or expression does not 
correspond with the inmate's biological sex at birth.
(2)
An offender committed for incarceration in a state correctional facility or for 
supervision on probation or parole, shall be placed in the custody of the department.
(3)
 The department shall establish procedures and is responsible for the appropriate 
assignment or transfer of an offender to a facility or program.
(4)
Subject to Subsection (5), the department or a county jail may not:
(a)
assign an inmate whose biological sex at birth is male to a living area where an 
inmate whose biological sex at birth is female is assigned; or
(b)
assign an inmate whose biological sex at birth is female to a living area where an 
inmate whose biological sex at birth is male is assigned.
(5)
(a)
Upon a request from a transgender inmate to be assigned to a living area with 
inmates whose biological sex at birth do not correspond with the transgender inmate's 
biological sex at birth, or if the department or a county jail seeks to assign a 
transgender inmate to a living area with inmates whose biological sex at birth do not 
correspond with the transgender inmate's biological sex at birth, the department or a 
county jail shall undertake an individualized security analysis considering 
criminogenic and other factors including:
(i)
the transgender inmate's anatomy which may be verified through a conversation 
with the transgender inmate, reviewing the transgender inmate's medical records, 
routine protocols applicable to all inmates, or as part of a broader medical 
examination of the transgender inmate conducted in private by a medical 
professional if necessary;
(ii)
the physical characteristics of the transgender inmate;
(iii)
the transgender inmate's criminal history, including whether the transgender 
inmate has displayed predatory behavior against individuals whose biological sex 
at birth do not correspond with the transgender inmate's biological sex at birth;
(iv)
the history of the transgender inmate's behavior while in the department's or a 
county jail's custody;
(v)
the likelihood of the transgender inmate causing physical or psychological harm 
to, or committing offenses against, inmates in the requested living area whose 
biological sex at birth do not correspond with the transgender inmate's biological 
sex at birth;
(vi)
the safety of correctional facility staff if the transgender inmate were to be 
assigned to the requested living area;
(vii)
an analysis of whether the transgender inmate has a history or pattern of:
(A)
anti-social attitudes or behaviors;
(B)
interacting with peers who display anti-social attitudes or behaviors;
(C)
negative family issues or influence;
(D)
a lack of achievement in education and employment;
(E)
not participating in pro-social leisure activities; or
(F)
substance abuse;
(viii)
whether the requested living area assignment would:
(A)
ensure the transgender inmate's health and safety; and
(B)
assist the transgender inmate in successfully reentering the community; and
(ix)
any other factor determined to be relevant by the executive director or a county 
sheriff.
(b)
The department or a county jail may assign a transgender inmate to a living area with 
inmates whose biological sex at birth do not correspond with the transgender inmate's 
biological sex at birth only if:
(i)
the department or a county jail determines, after undertaking the individualized 
security analysis described in Subsection (5)(a), that the assignment presents a low 
risk of causing:
(A)
any physical or psychological harm to an inmate who resides in or will reside 
in the living area, the correctional facility staff that manage the living area, or 
the transgender inmate;
(B)
disruption to correctional facility management; and
(C)
overall security issues; and
(ii)
there is no evidence that the transgender inmate is claiming a gender identity or 
expression that does not correspond with the inmate's biological sex at birth solely 
for the purpose of altering the inmate's living area assignment.
(6)
If the department or a county jail, after complying with Subsection (5), assigns a 
transgender inmate to a living area with inmates whose biological sex at birth do not 
correspond with the transgender inmate's biological sex at birth, the department or a 
county jail shall:
(a)
(i)
undertake the security analysis described in Subsection (5)(a) after a security 
incident involving the transgender inmate and at regular intervals determined by 
the executive director or a county sheriff to ensure that the assignment continues 
to meet the conditions described in Subsection (5)(b); and
(ii)
if the analysis conducted in Subsection (6)(a) demonstrates that the assignment no 
longer meets the conditions described in Subsection (5)(b), assign the transgender 
inmate to a living area with inmates whose biological sex at birth corresponds 
with the transgender inmate's biological sex at birth; and
(b)
comply with the reporting requirements described in Subsections 
64-13-45
(2)(d) 
and (e)
64-13-45(2)(f)
 and (g)
.
Section 7, Section 
64-13-10.4
 is amended to read:
64-13-10.4. Entry of an inmate -- Identification application requests -- Parental 
information request.
(1)
(a)
Within 15 days after the date on which an inmate enters incarceration in a state 
correctional facility, and, if applicable, approximately six months before the date of 
the inmate's anticipated release as described in Subsection 
64-13-10.6(3)
, the 
department shall determine whether the inmate has:
(i)
a certified copy of the inmate's birth certificate;
(ii)
a copy of the inmate's social security card; and
(iii)
a current state-issued driver license or state-issued identification card.
(b)
For any document described in Subsection 
(1)(a)
 that the inmate does not possess, 
the department shall:
(i)
inform the inmate that each document listed in Subsection 
(1)(a)
 may be required 
to obtain employment upon release;
(ii)
inquire whether the inmate would like to apply for and obtain any of the 
documents described in Subsection 
(1)(a)
; and
(iii)
(A)
if the inmate accepts assistance in obtaining the documents described in 
Subsection 
(1)(a)
, subject to Subsection 
(5)
, provide the assistance described in 
Subsections 
(2)
 through 
(4)
 within 30 days after the date on which the inmate 
accepts assistance; or
(B)
if the inmate refuses assistance in obtaining the documents described in 
Subsection 
(1)(a)
, maintain a record of the inmate's refusal in the department's 
electronic file management system.
(2)
(a)
If an inmate was born in the United States and accepts assistance in obtaining a 
certified copy of the inmate's birth certificate, the department shall:
(i)
request that the inmate pay the fee for obtaining the certified copy of the inmate's 
birth certificate; or
(ii)
if the department determines that the inmate is unable to pay the fee as described 
in Subsection 
(2)(a)(i)
, determine whether funds are available from a private 
donation and use the private donation to pay the fee.
(b)
If funds are available to pay the fee for obtaining a certified copy of a birth certificate 
as described in Subsection 
(2)(a)
, the department shall request a certified copy of the 
inmate's birth certificate from the inmate's state of birth.
(3)
If an inmate accepts assistance in obtaining a copy of the inmate's social security card 
and does not have a copy of the inmate's social security card, the department shall 
coordinate with the Social Security Administration in obtaining a copy of the inmate's 
social security card, unless the inmate previously requested the maximum number of 
yearly or lifetime requests.
(4)
If an inmate accepts assistance in obtaining a state-issued identification card or driver 
license, the department shall follow the procedure described in Subsection 
64-13-10.6(4)
.
(5)
The requirements 
of this section
of Subsections (1) through (4)
 do not apply if the 
inmate is not:
(a)
a citizen of the United States; or
(b)
a lawful resident of the United States who has legal authorization to work in the 
United States.
(6)
At the time an inmate enters incarceration in a state correctional facility, the department 
shall request and retain the following information from the inmate:
(a)
whether the inmate is a parent to a minor child; and
(b)
if applicable:
(i)
the number of minor children to whom the inmate is a parent; and 
(ii)
the ages of the minor children described in Subsection (6)(b)(i).
Section 8, Section 
64-13-45
 is amended to read:
64-13-45. Department reporting requirements.
(1)
As used in this section:
(a)
"Biological sex at birth" means the same as that term is defined in Section 
26B-8-101
.
(b)
(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.
(c)
"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.
(d)
"Opiate" means the same as that term is defined in Section 
58-37-2
.
(e)
"Transgender inmate" means the same as that term is defined in Section 
64-13-7
.
(2)
The department shall submit a report to the Commission on Criminal and Juvenile 
Justice created in Section 
63M-7-201
 before June 15 of each year that includes:
(a)
the number of in-custody deaths that occurred during the preceding calendar year, 
including:
(i)
the known, or discoverable on reasonable inquiry, causes and contributing factors 
of each of the in-custody deaths described in Subsection (2)(a); and
(ii)
the department's policy for notifying an inmate's next of kin after the inmate's 
in-custody death;
(b)
the department policies, procedures, and protocols:
(i)
for treatment of an inmate experiencing withdrawal from alcohol or substance use, 
including use of opiates;
(ii)
that relate 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
(iii)
that relate to screening, assessment, and treatment of an inmate for a substance 
use disorder or mental health disorder;
(c)
the number of female inmates that the department knows who are pregnant and 
currently incarcerated in a correctional facility operated by the department;
(c)
(d)
the number of inmates who gave birth and were restrained in accordance with 
Section 
64-13-46
, including:
(i)
the types of restraints used; and
(ii)
whether the use of restraints was to prevent escape or to ensure the safety of the 
inmate, medical or corrections staff, or the public;
(e)
the number of inmates incarcerated in a correctional facility operated by the 
department who are the parent of a minor child;
(d)
(f)
the number of transgender inmates that are assigned to a living area with inmates 
whose biological sex at birth do not correspond with the transgender inmate's 
biological sex at birth in accordance with Section 
64-13-7
, including:
(i)
the results of the individualized security analysis conducted for each transgender 
inmate in accordance with Subsection 
64-13-7(5)(a)
; and
(ii)
a detailed explanation regarding how the security conditions described in 
Subsection 
64-13-7(5)(b)
 are met for each transgender inmate;
(e)
(g)
the number of transgender inmates that were:
(i)
assigned to a living area with inmates whose biological sex at birth do not 
correspond with the transgender inmate's biological sex at birth; and
(ii)
removed and assigned to a living area with inmates whose biological sex at birth 
corresponds with the transgender inmate's biological sex at birth in accordance 
with Subsection 
64-13-7(6)
; and
(f)
(h)
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 Committee 
before November 1 of each year.
(4)
The Commission on Criminal and Juvenile Justice may not provide access to or use the 
department's policies, procedures, or protocols submitted under this section in a manner 
or for a purpose not described in this section.
Section 9, Section 
64-13-46
 is amended to read:
64-13-46. Pregnant inmates.
(1)
As used in this section:
(a)
"Postpartum recovery" means, as determined by the pregnant inmate's physician, the 
period immediately following delivery, including the entire period the inmate is in 
the hospital or health care facility after birth.
(b)
"Restraints" means any physical restraint or mechanical device used to control the 
movement of an inmate's body or limbs, including flex cuffs, soft restraints, shackles, 
or a convex shield.
(c)
(i)
"Shackles" means metal restraints, including leg irons, belly chains, or a 
security or tether chain.
(ii)
"Shackles" does not include hard metal handcuffs.
(2)
The department shall ensure that each female inmate younger than 50 years old is 
offered, which the inmate may reject, a test for pregnancy upon admission, or within a 
reasonable time after admission, to a correctional facility.
(2)
(3)
Subject to Subsections 
(3) and (4)
(4) and (5)
, if the staff of a correctional facility 
knows or has reason to believe that an inmate is pregnant or is in postpartum recovery, 
the staff shall, when restraining the inmate at any time or location, use the least 
restrictive restraints necessary to ensure the safety and security of the inmate and others.
(3)
(4)
A correctional staff member may not use restraints on an inmate during the third 
trimester of pregnancy, labor, or childbirth unless a correctional staff member makes an 
individualized determination that there are compelling grounds to believe that the inmate 
presents:
(a)
an immediate and serious risk of harm to the inmate, the inmate's infant, medical 
staff, correctional staff, or the public; or
(b)
a substantial risk of escape that cannot reasonably be reduced by the use of other 
existing means.
(4)
(5)
Notwithstanding Subsection 
(3)
(4)
, under no circumstances may shackles, leg 
restraints, or waist restraints be used on an inmate during the third trimester of 
pregnancy, labor, childbirth, or postpartum recovery.
(5)
(6)
Correctional staff present during labor or childbirth shall:
(a)
be stationed in a location that offers the maximum privacy to the inmate, while 
taking into consideration safety and security concerns; and
(b)
be female, if practicable.
(6)
(7)
If a correctional staff member authorizes restraints under Subsection 
(2) or (3)
(3) 
or (4)
, the correctional staff member shall make a written record of the authorization and 
use of the restraints that includes:
(a)
an explanation of the grounds for the correctional staff member's authorization on the 
use of restraints;
(b)
the type of restraints that were used; and
(c)
the length of time the restraints were used.
(7)
(8)
The record described in Subsection 
(6)
(7)
:
(a)
shall be retained by the correctional facility for five years;
(b)
shall be available for public inspection with individually identifying information 
redacted; and
(c)
may not be considered a medical record under state or federal law.
(8)
(9)
For a minimum of 48 hours after an inmate has given birth, a correctional facility 
shall, if directed by the inmate's physician, allow the infant to remain with the inmate at 
the health care facility.
(9)
(10)
A correctional facility shall provide:
(a)
an inmate who is pregnant, or who has given birth within the past six weeks, access 
to a social worker to help the inmate:
(i)
arrange childcare;
(ii)
establish a reunification plan; and
(iii)
establish a substance abuse treatment plan, if needed; and
(b)
an inmate in postpartum recovery access to postpartum care for up to 12 weeks as 
determined by the inmate's physician.
(10)
(11)
The department may not create or operate a nursery in a correctional facility to 
provide space for a female inmate and the inmate's child.
Section 10, Section 
64-13-46.1
 is amended to read:
64-13-46.1. Correctional Postnatal and Early Childhood Advisory Board -- 
Duties -- Rulemaking.
(1)
As used in this part:
(a)
"Advisory board" means the Correctional Postnatal and Early Childhood Advisory 
Board.
(b)
"Correctional facility" means a facility operated by the department or a county 
sheriff that houses inmates in a secure setting.
(c)
"Incarcerated mother" means an inmate who:
(i)
has recently given birth before entering a correctional facility;
(ii)
is pregnant and incarcerated in a correctional facility; or
(iii)
has given birth while incarcerated in a correctional facility.
(2)
The advisory board shall consist of the following members:
(a)
two individuals from the department, appointed by the executive director;
(b)
one individual appointed by the Board of Pardons and Parole; 
(c)
one individual appointed by the president of the Utah Sheriffs' Association;
(d)
one individual representing the Administrative Office of the Courts appointed by the 
Judicial Council;
 and
(d)
(e)
four individuals appointed by the executive director of the Department of Health 
and Human Services, including:
(i)
two
one
 pediatric healthcare 
providers
provider
;
(ii)
one individual with expertise in early childhood development;
(iii)
one individual employed by the Division of Child and Family Services;
 and
(iii)
(iv)
one individual with experience advocating for incarcerated women.
(3)
(a)
Except as provided in Subsection (3)(b), a member of the advisory board shall be 
appointed for a four-year term.
(b)
A member that is appointed to complete an unexpired term may complete the 
unexpired term and serve a subsequent four-year term.
(c)
Appointments and reappointments may be staggered so that one-fourth of the 
advisory board changes each year.
(d)
The advisory board shall annually elect a chair and co-chair of the board from among 
the members of the board to serve a two-year term.
(4)
The advisory board shall meet at least bi-annually, or more frequently as determined by 
the executive director, the chair, or three or more members of the advisory board.
(5)
A majority of the board constitutes a quorum and a vote of the majority of the members 
present constitutes an action of the advisory board.
(6)
A member of the advisory board may not receive compensation or benefits for the 
member's service, but may receive per diem and travel expenses as allowed in:
(a)
Section 
63A-3-106
;
(b)
Section 
63A-3-107
; and
(c)
rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and 
63A-3-107
.
(7)
The advisory board shall:
(a)
review research regarding childhood development and best practices for placing 
infants and incarcerated mothers in a diversion program not located in a correctional 
facility;
(b)
study the costs of implementing a diversion program for infants and incarcerated 
mothers removed from a correctional facility;
(c)
create a provisional plan for implementing a diversion program for infants and 
incarcerated mothers removed from a correctional facility; and
(d)
advise and make recommendations to the department and county sheriffs regarding 
rules and policies for placing an infant or incarcerated mother in a diversion program 
not located in a correctional facility.
(8)
On or before November 30
, 2024
 of each year
, the advisory board shall provide a 
report of the advisory board's research and study under Subsections (7)(a) through (c), 
including any proposed legislation, to:
(a)
the Law Enforcement and Criminal Justice Interim Committee; and
(b)
the 
Executive Offices and 
Criminal Justice Appropriations Subcommittee.
Section 11, Section 
77-18-103
 is amended to read:
77-18-103. Presentence investigation report -- Classification of presentence 
investigation report -- Evidence or other information at sentencing.
(1)
Before the imposition of a sentence, the court may:
(a)
upon agreement of the defendant, continue the date for the imposition of the sentence 
for a reasonable period of time for the purpose of obtaining a presentence 
investigation report from the department or a law enforcement agency, or information 
from any other source about the defendant; and
(b)
if the defendant is convicted of a felony or a class A misdemeanor, request that the 
department or a law enforcement agency prepare a presentence investigation report 
for the defendant.
(2)
(a)
Notwithstanding Subsection (1), if a defendant is convicted of a felony offense 
and the defendant is a habitual offender, the prosecuting attorney shall notify the 
court that the defendant is a habitual offender.
(b)
Upon a notification under Subsection (2)(a), the court may not impose a sentence for 
the conviction without ordering and obtaining a presentence investigation report, 
unless the court finds good cause to proceed with sentencing without the presentence 
investigation report.
(3)
If a presentence investigation report is required under Subsection (2) or the standards 
established by the department described in Section 
77-18-109
, the presentence 
investigation report under Subsection (1) shall include:
(a)
any impact statement provided by a victim as described in Subsection 
77-38b-203
(3)(c);
(b)
information on restitution as described in Subsections 
77-38b-203
(3)(a) and (b);
(c)
recommendations for treatment for the defendant; and
(d)
the number of days since the commission of the offense that the defendant has spent 
in the custody of the jail and the number of days, if any, the defendant was released 
to a supervised release program or an alternative incarceration program under Section 
17-22-5.5
.
(4)
The department or law enforcement agency shall provide the presentence investigation 
report to the defendant's attorney, or the defendant if the defendant is not represented by 
counsel, the prosecuting attorney, and the court for review within three working days 
before the day on which the defendant is sentenced.
(5)
(a)
(i)
If there is an alleged inaccuracy in the presentence investigation report that 
is not resolved by the parties and the department or law enforcement agency 
before sentencing:
(A)
the alleged inaccuracy shall be brought to the attention of the court at 
sentencing; and
(B)
the court may grant an additional 10 working days after the day on which the 
alleged inaccuracy is brought to the court's attention to allow the parties and 
the department to resolve the alleged inaccuracy in the presentence 
investigation report.
(ii)
If the court does not grant additional time under Subsection (5)(a)(i)(B), or the 
alleged inaccuracy cannot be resolved after 10 working days, and if the court finds 
that there is an inaccuracy in the presentence investigation report, the court shall:
(A)
enter a written finding as to the relevance and accuracy of the challenged 
portion of the presentence investigation report; and
(B)
provide the written finding to the department or the law enforcement agency.
(b)
The department shall attach the written finding to the presentence investigation 
report as an addendum.
(c)
If a party fails to challenge the accuracy of the presentence investigation report at the 
time of sentencing, the matter shall be considered waived.
(6)
The contents of the presentence investigation report are protected and not available 
except by court order for purposes of sentencing as provided by rule of the Judicial 
Council or for use by the department or law enforcement agency.
(7)
(a)
A presentence investigation report is classified as protected in accordance with 
Title 63G, Chapter 2, Government Records Access and Management Act.
(b)
Notwithstanding Sections 
63G-2-403
 and 
63G-2-404
, the State Records Committee 
may not order the disclosure of a presentence investigation report.
(8)
Except for disclosure at the time of sentencing in accordance with this section, the 
department or law enforcement agency may disclose a presentence investigation only 
when:
(a)
ordered by the court in accordance with Subsection 
63G-2-202
(7);
(b)
requested by a law enforcement agency or other agency approved by the department 
for purposes of supervision, confinement, and treatment of a defendant;
(c)
requested by the board;
(d)
requested by the subject of the presentence investigation report or the subject's 
authorized representative;
(e)
requested by the victim of the offense discussed in the presentence investigation 
report, or the victim's authorized representative, if the disclosure is only information 
relating to:
(i)
statements or materials provided by the victim;
(ii)
the circumstances of the offense, including statements by the defendant; or
(iii)
the impact of the offense on the victim or the victim's household; or
(f)
requested by a sex offender treatment provider:
(i)
who is certified to provide treatment under the certification program established in 
Subsection 
64-13-25
(2);
(ii)
who is providing, at the time of the request, sex offender treatment to the offender 
who is the subject of the presentence investigation report; and
(iii)
who provides written assurance to the department that the report:
(A)
is necessary for the treatment of the defendant;
(B)
will be used solely for the treatment of the defendant; and
(C)
will not be disclosed to an individual or entity other than the defendant.
(9)
(a)
At the time of sentence, the court shall
:
(i)
receive any testimony, evidence, or information that the defendant or the 
prosecuting attorney desires to present concerning the appropriate sentence
.
; and
(ii)
if the defendant is a parent of a minor child, as that term is defined in Section 
81-1-101
, allow the defendant to present a family impact statement that details 
how any incarceration of the defendant will likely negatively affect the 
defendant's minor child and is not in the best interest of the minor child.
(b)
Testimony, evidence, or information under Subsection (9)(a) shall be presented in 
open court on record and in the presence of the defendant.
(10)
(a)
If the court receives a family impact statement under Subsection 
(9)(a)(ii)
, and if 
not prohibited by Section 
76-3-406
 or another section of the Utah Code that prohibits 
the suspension of a sentence, the court shall consider suspending the defendant's 
sentence and placing the defendant on probation in accordance with Section 
77-18-105
.
(b)
In making a determination whether to place a defendant on probation under 
Subsection 
(10)(a)
, the court shall consider:
(i)
if the defendant is female, whether the defendant is breastfeeding the child;
(ii)
the age of the defendant's child and the effect the defendant's incarceration will 
likely have on the defendant's child considering the child's specific age and 
circumstances;
(iii)
the role of the defendant in the day-to-day educational and medical needs of the 
child;
(iv)
the relationship of the defendant and the child;
(v)
any special medical, educational, or psychological needs of the child;
(vi)
the role of the defendant in providing financial support to the child;
(vii)
whether suspending the defendant's sentence is in the best interest of the 
defendant's minor child; and
(viii)
whether any harm to the defendant's minor child that may occur if the defendant 
is absent due to the imposed sentence outweighs any benefit to public safety that 
would be achieved by imposing the defendant's sentence.
(10)
(11)
The court may not rely solely on an algorithm or a risk assessment tool score in 
determining the appropriate sentence for a defendant.
Section 12. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-24-25 2:35 PM