Bill Summary – FastDemocracy

Enrolled Copy                                                                          H.B. 358
               PREGNANT AND POSTPARTUM INMATE AMENDMENTS
                                           2024 GENERAL SESSION
                                                 STATE OF UTAH
                                     Chief Sponsor: Candice B. Pierucci Senate Sponsor: Heidi Balderree
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  LONG TITLE
  General Description:
      This bill amend provisions related to pregnant and postpartum inmates.
  Highlighted Provisions:
      This bill:
      ▸ provides that the Department of Corrections may not establish a nursery for a female
  inmate and the inmate's infant within a correctional facility;
      ▸ amends the Correctional Postnatal and Early Childhood Advisory Board; and
      ▸ makes technical and conforming changes.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      This bill provides a special effective date.
  Utah Code Sections Affected:
  AMENDS:
      63I-1-226 (Effective 05/01/24) (Superseded 07/01/24), as last amended by Laws of Utah
      2023, Chapters 249, 269, 270, 275, 332, 335, 420, and 495 and repealed and reenacted by
      Laws of Utah 2023, Chapter 329
      63I-1-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 249,
      269, 270, 275, 310, 332, 335, 420, and 495 and repealed and reenacted by Laws of Utah 2023,
      Chapter 329 and last amended by Coordination Clause, Laws of Utah 2023, Chapters 329, 332
      63I-1-264 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapter 420
      64-13-46 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 420
  RENUMBERS AND AMENDS:
      64-13-46.1 (Effective 05/01/24), (Renumbered from 26B-1-434, as enacted by Laws
      of Utah 2023, Chapter 420)
     H.B. 358                                                                           Enrolled Copy
   REPEALS:
       64-13-46.5 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapter 420
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   Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 63I-1-226 is amended to read:
         63I-1-226 (Effective 05/01/24) (Superseded 07/01/24). Repeal dates: Titles 26A
   through 26B.
   (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is repealed
       July 1, 2025.
   (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
       2024.
   (3) Section 26B-1-319, which creates the Neuro-Rehabilitation Fund, is repealed January 1,
       2025.
   (4) Section 26B-1-320, which creates the Pediatric Neuro-Rehabilitation Fund, is repealed
       January 1, 2025.
   (5) Subsection 26B-1-324(4), the language that states "the Behavioral Health Crisis
       Response Commission, as defined in Section 63C-18-202," is repealed December 31,
       2026.
   (6) Subsection 26B-1-329(6), related to the Behavioral Health Crisis Response
       Commission, is repealed December 31, 2026.
   (7) Section 26B-1-402, related to the Rare Disease Advisory Council Grant Program, is
       repealed July 1, 2026.
   (8) Section 26B-1-409, which creates the Utah Digital Health Service Commission, is
       repealed July 1, 2025.
   (9) Section 26B-1-410, which creates the Primary Care Grant Committee, is repealed July
       1, 2025.
   (10) Section 26B-1-416, which creates the Utah Children's Health Insurance Program
       Advisory Council, is repealed July 1, 2025.
   (11) Section 26B-1-417, which creates the Brain Injury Advisory Committee, is repealed
       July 1, 2025.
   (12) Section 26B-1-418, which creates the Neuro-Rehabilitation Fund and Pediatric
       Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
   (13) Section 26B-1-422, which creates the Early Childhood Utah Advisory Council, is
       repealed July 1, 2029.
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     Enrolled Copy                                                                                  H.B. 358
  (14) Section 26B-1-428, which creates the Youth Electronic Cigarette, Marijuana, and
      Other Drug Prevention Program, is repealed July 1, 2025.
  (15) Section 26B-1-430, which creates the Coordinating Council for Persons with
      Disabilities, is repealed July 1, 2027.
  (16) Section 26B-1-431, which creates the Forensic Mental Health Coordinating Council, is
      repealed July 1, 2023.
  (17) Section 26B-1-432, which creates the Newborn Hearing Screening Committee, is
      repealed July 1, 2026.
  [(18) Section 26B-1-434, regarding the Correctional Postnatal and Early Childhood
      Advisory Board, is repealed July 1, 2026.]
  [(19)] (18) Section 26B-2-407, related to drinking water quality in child care centers, is
      repealed July 1, 2027.
  [(20)] (19) Subsection 26B-3-107(9), which addresses reimbursement for dental hygienists,
      is repealed July 1, 2028.
  [(21)] (20) Section 26B-3-136, which creates the Children's Health Care Coverage Program,
      is repealed July 1, 2025.
  [(22)] (21) Section 26B-3-137, related to reimbursement for the National Diabetes
      Prevention Program, is repealed June 30, 2027.
  [(23)] (22) Subsection 26B-3-213(2), the language that states "and the Behavioral Health
      Crisis Response Commission created in Section 63C-18-202" is repealed December 31,
      2026.
  [(24)] (23) Sections 26B-3-302 through 26B-3-309, regarding the Drug Utilization Review
      Board, are repealed July 1, 2027.
  [(25)] (24) Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July 1,
      2024.
  [(26)] (25) Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is
      repealed July 1, 2024.
  [(27)] (26) Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July 1,
      2028.
  [(28)] (27) Section 26B-3-910, regarding alternative eligibility, is repealed July 1, 2028.
  [(29)] (28) Section 26B-4-136, related to the Volunteer Emergency Medical Service
      Personnel Health Insurance Program, is repealed July 1, 2027.
  [(30)] (29) Section 26B-4-710, related to rural residency training programs, is repealed July
      1, 2025.
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      H.B. 358                                                                             Enrolled Copy
   [(31)] (30) Subsections 26B-5-112(1) and (5), the language that states "In consultation with
       the Behavioral Health Crisis Response Commission, established in Section 63C-18-202
       ," is repealed December 31, 2026.
   [(32)] (31) Section 26B-5-112.5 is repealed December 31, 2026.
   [(33)] (32) Section 26B-5-114, related to the Behavioral Health Receiving Center Grant
       Program, is repealed December 31, 2026.
   [(34)] (33) Section 26B-5-118, related to collaborative care grant programs, is repealed
       December 31, 2024.
   [(35)] (34) Section 26B-5-120 is repealed December 31, 2026.
   [(36)] (35) In relation to the Utah Assertive Community Treatment Act, on July 1, 2024:
       (a) Subsection 26B-5-606(2)(a)(i), the language that states "and" is repealed; and
       (b) Subsections 26B-5-606(2)(a)(ii), 26B-5-606(2)(b), and 26B-5-606(2)(c) are repealed.
   [(37)] (36) In relation to the Behavioral Health Crisis Response Commission, on December
       31, 2026:
       (a) Subsection 26B-5-609(1)(a) is repealed;
       (b) Subsection 26B-5-609(3)(a), the language that states "With recommendations from
            the commission," is repealed;
       (c) Subsection 26B-5-610(1)(b) is repealed;
       (d) Subsection 26B-5-610(2)(b), the language that states "and in consultation with the
            commission," is repealed; and
       (e) Subsection 26B-5-610(4), the language that states "In consultation with the
            commission," is repealed.
   [(38)] (37) Subsections 26B-5-611(1)(a) and (10), in relation to the Utah Substance Use and
       Mental Health Advisory Council, are repealed January 1, 2033.
   [(39)] (38) Section 26B-5-612, related to integrated behavioral health care grant programs,
       is repealed December 31, 2025.
   [(40)] (39) Subsection 26B-7-119(5), related to reports to the Legislature on the outcomes of
       the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
   [(41)] (40) Section 26B-7-224, related to reports to the Legislature on violent incidents and
       fatalities involving substance abuse, is repealed December 31, 2027.
   [(42)] (41) Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1,
       2024.
   [(43)] (42) Section 26B-8-513, related to identifying overuse of non-evidence-based health
       care, is repealed December 31, 2023.
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      Enrolled Copy                                                                               H.B. 358
        Section 2. Section 63I-1-226 is amended to read:
        63I-1-226 (Effective 07/01/24). Repeal dates: Titles 26A through 26B.
  (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is repealed
      July 1, 2025.
  (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
      2024.
  (3) Section 26B-1-319, which creates the Neuro-Rehabilitation Fund, is repealed January 1,
      2025.
  (4) Section 26B-1-320, which creates the Pediatric Neuro-Rehabilitation Fund, is repealed
      January 1, 2025.
  (5) Subsection 26B-1-324(4), the language that states "the Behavioral Health Crisis
      Response Commission, as defined in Section 63C-18-202," is repealed December 31,
      2026.
  (6) Subsection 26B-1-329(6), related to the Behavioral Health Crisis Response
      Commission, is repealed December 31, 2026.
  (7) Section 26B-1-402, related to the Rare Disease Advisory Council Grant Program, is
      repealed July 1, 2026.
  (8) Section 26B-1-409, which creates the Utah Digital Health Service Commission, is
      repealed July 1, 2025.
  (9) Section 26B-1-410, which creates the Primary Care Grant Committee, is repealed July
      1, 2025.
  (10) Section 26B-1-416, which creates the Utah Children's Health Insurance Program
      Advisory Council, is repealed July 1, 2025.
  (11) Section 26B-1-417, which creates the Brain Injury Advisory Committee, is repealed
      July 1, 2025.
  (12) Section 26B-1-418, which creates the Neuro-Rehabilitation Fund and Pediatric
      Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
  (13) Section 26B-1-422, which creates the Early Childhood Utah Advisory Council, is
      repealed July 1, 2029.
  (14) Section 26B-1-428, which creates the Youth Electronic Cigarette, Marijuana, and
      Other Drug Prevention Program, is repealed July 1, 2025.
  (15) Section 26B-1-430, which creates the Coordinating Council for Persons with
      Disabilities, is repealed July 1, 2027.
  (16) Section 26B-1-431, which creates the Forensic Mental Health Coordinating Council, is
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      H.B. 358                                                                              Enrolled Copy
       repealed July 1, 2023.
   (17) Section 26B-1-432, which creates the Newborn Hearing Screening Committee, is
       repealed July 1, 2026.
   [(18) Section 26B-1-434, regarding the Correctional Postnatal and Early Childhood
       Advisory Board, is repealed July 1, 2026.]
   [(19)] (18) Section 26B-2-407, related to drinking water quality in child care centers, is
       repealed July 1, 2027.
   [(20)] (19) Subsection 26B-3-107(9), which addresses reimbursement for dental hygienists,
       is repealed July 1, 2028.
   [(21)] (20) Section 26B-3-136, which creates the Children's Health Care Coverage Program,
       is repealed July 1, 2025.
   [(22)] (21) Section 26B-3-137, related to reimbursement for the National Diabetes
       Prevention Program, is repealed June 30, 2027.
   [(23)] (22) Subsection 26B-3-213(2), the language that states "and the Behavioral Health
       Crisis Response Commission created in Section 63C-18-202" is repealed December 31,
       2026.
   [(24)] (23) Sections 26B-3-302 through 26B-3-309, regarding the Drug Utilization Review
       Board, are repealed July 1, 2027.
   [(25)] (24) Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July 1,
       2024.
   [(26)] (25) Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is
       repealed July 1, 2024.
   [(27)] (26) Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July 1,
       2028.
   [(28)] (27) Section 26B-3-910, regarding alternative eligibility, is repealed July 1, 2028.
   [(29)] (28) Section 26B-4-710, related to rural residency training programs, is repealed July
       1, 2025.
   [(30)] (29) Subsections 26B-5-112(1) and (5), the language that states "In consultation with
       the Behavioral Health Crisis Response Commission, established in Section 63C-18-202
       ," is repealed December 31, 2026.
   [(31)] (30) Section 26B-5-112.5 is repealed December 31, 2026.
   [(32)] (31) Section 26B-5-114, related to the Behavioral Health Receiving Center Grant
       Program, is repealed December 31, 2026.
   [(33)] (32) Section 26B-5-118, related to collaborative care grant programs, is repealed
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      Enrolled Copy                                                                                H.B. 358
      December 31, 2024.
  [(34)] (33) Section 26B-5-120 is repealed December 31, 2026.
  [(35)] (34) In relation to the Utah Assertive Community Treatment Act, on July 1, 2024:
      (a) Subsection 26B-5-606(2)(a)(i), the language that states "and" is repealed; and
      (b) Subsections 26B-5-606(2)(a)(ii), 26B-5-606(2)(b), and 26B-5-606(2)(c) are repealed.
  [(36)] (35) In relation to the Behavioral Health Crisis Response Commission, on December
      31, 2026:
      (a) Subsection 26B-5-609(1)(a) is repealed;
      (b) Subsection 26B-5-609(3)(a), the language that states "With recommendations from
          the commission," is repealed;
      (c) Subsection 26B-5-610(1)(b) is repealed;
      (d) Subsection 26B-5-610(2)(b), the language that states "and in consultation with the
          commission," is repealed; and
      (e) Subsection 26B-5-610(4), the language that states "In consultation with the
          commission," is repealed.
  [(37)] (36) Subsections 26B-5-611(1)(a) and (10), in relation to the Utah Substance Use and
      Mental Health Advisory Council, are repealed January 1, 2033.
  [(38)] (37) Section 26B-5-612, related to integrated behavioral health care grant programs,
      is repealed December 31, 2025.
  [(39)] (38) Subsection 26B-7-119(5), related to reports to the Legislature on the outcomes of
      the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
  [(40)] (39) Section 26B-7-224, related to reports to the Legislature on violent incidents and
      fatalities involving substance abuse, is repealed December 31, 2027.
  [(41)] (40) Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1,
      2024.
  [(42)] (41) Section 26B-8-513, related to identifying overuse of non-evidence-based health
      care, is repealed December 31, 2023.
        Section 3. Section 63I-1-264 is amended to read:
        63I-1-264 (Effective 05/01/24). Repeal dates: Title 64.
    [Section 64-13-46.5, Correctional Facility Nursery, is repealed July 1, 2026].
    Section 64-13-46.1, regarding the Correctional Postnatal and Early Childhood
  Advisory Board, is repealed July 1, 2025.
        Section 4. Section 64-13-46 is amended to read:
        64-13-46 (Effective 05/01/24). Pregnant inmates.
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      H.B. 358                                                                                Enrolled Copy
   (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) Subject to Subsections (3) and (4), 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) 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