Text of UT HB 316 (2024)

H.B. 316 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: S. Larson 6 6 01-17-24 9:59 AM 6 H.B. 316 1 INMATE ASSIGNMENT AMENDMENTS 2 2024 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Karianne Lisonbee 5 Senate Sponsor: ____________ 6 7 LONG TITLE 8 General Description: 9 This bill addresses inmate housing assignments. 10 Highlighted Provisions: 11 This bill: 12 < defines terms; 13 < prohibits, with limited exceptions, the Department of Corrections or a county jail 14 from assigning inmates of the opposite biological sex in the same housing area; and 15 < makes technical and conforming changes. 16 Money Appropriated in this Bill: 17 None 18 Other Special Clauses: 19 None 20 Utah Code Sections Affected: 21 AMENDS: 22 17-22-5, as last amended by Laws of Utah 2004, Chapter 301 23 64-13-7, as last amended by Laws of Utah 2016, Chapter 243 24 64-13-45, as last amended by Laws of Utah 2019, Chapters 311, 385 25 26 Be it enacted by the Legislature of the state of Utah: 27 Section 1. Section 17-22-5 is amended to read: *HB0316* H.B. 316 01-17-24 9:59 AM - 2 - 28 17-22-5. Sheriff's classification of jail inmates -- Classification criteria -- 29 Alternative incarceration programs -- Limitation. 30 (1) As used in this section, "living area" means the same as that term is defined in 31 Section 64-13-7. 32 [(1)] (2) (a) Except as provided in [Subsection (4)] Subsections (5) and (6), the sheriff 33 shall adopt and implement written policies for admission of [prisoners] inmates to the county 34 jail and the classification of [persons] individuals incarcerated in the jail which shall provide 35 for the separation of prisoners by gender and by such other factors as may reasonably provide 36 for the safety and well-being of inmates and the community. 37 (b) To the extent authorized by law, any written admission policies adopted and 38 implemented under this Subsection (2) shall be applied equally to all entities using the county 39 correctional facilities. 40 [(2)] (3) Except as provided in [Subsection (4)] Subsections (5) and (6), each county 41 sheriff shall assign [prisoners] inmates to a facility or section of a facility based on 42 classification criteria that the sheriff develops and maintains. 43 [(3)] (4) (a) Except as provided in Subsection [(4)] (6), a county sheriff may develop 44 and implement alternative incarceration programs that may [or may not] involve housing [a 45 prisoner] an inmate in a jail facility. 46 (b) [A prisoner] An inmate housed under an alternative incarceration program under 47 Subsection [(3)(a)] (4)(a) shall be considered to be in the full custody and control of the sheriff 48 for purposes of Section 76-8-309. 49 (c) [A prisoner] An inmate may not be placed in an alternative incarceration program 50 under Subsection [(3)(a)] (4)(a) unless: 51 (i) the jail facility is at maximum operating capacity, as established under [Subsection 52 17-22-5.5(2)] Section 17-22-5.5; or 53 (ii) ordered by the court. 54 (5) A jail facility shall comply with Subsections 64-13-7(4) and (5) when assigning an 55 inmate to a living area, including the reporting requirements in Subsection 64-13-45(2)(d). 56 [(4)] (6) This section [may not be construed to] does not authorize a sheriff to modify 57 provisions of a contract with the Department of Corrections to house in a county jail [persons] 58 inmates sentenced to the Department of Corrections. 01-17-24 9:59 AM H.B. 316 - 3 - 59 Section 2. Section 64-13-7 is amended to read: 60 64-13-7. Individuals in the custody of the department. 61 (1) As used in this section: 62 (a) "Biological sex at birth" means the same as that term is defined in Section 63 26B-8-101. 64 (b) "Correctional facility" means the same as that term is defined in Section 65 77-16b-102. 66 (c) "Criminogenic factor" means a personal trait, condition, outside influence, or 67 societal factor that tends to increase an inmate's likelihood of committing a criminal offense. 68 (d) (i) "Living area" means a location within a correctional facility where an inmate is 69 assigned to sleep, recreate, study, or interact with other inmates. 70 (ii) "Living area" does not include a location within a correctional facility where an 71 inmate is temporarily placed by staff of the correctional facility to facilitate transfers, visitation, 72 medical care, or other needs of the correctional facility or inmate. 73 (e) "Transgender inmate" means an inmate whose gender identity or expression does 74 not correspond with the inmate's biological sex at birth. 75 (2) [All offenders] An offender committed for incarceration in a state correctional 76 facility or for supervision on probation or parole, shall be placed in the custody of the 77 department. 78 (3) The department shall establish procedures and is responsible for the appropriate 79 assignment or transfer of [public offenders to facilities or programs.] an offender to a facility or 80 program. 81 (4) Subject to Subsection (5), the department may not: 82 (a) assign an inmate whose biological sex at birth is male to a living area where an 83 inmate whose biological sex at birth is female is assigned; or 84 (b) assign an inmate whose biological sex at birth is female to a living area where an 85 inmate whose biological sex at birth is male is assigned. 86 (5) (a) Upon a request from a transgender inmate to be assigned to a living area with 87 inmates whose biological sex at birth do not correspond with the transgender inmate's 88 biological sex at birth, the department shall undertake an individualized security analysis 89 considering criminogenic and other factors including: H.B. 316 01-17-24 9:59 AM - 4 - 90 (i) the transgender inmate's anatomy as verified by a medical professional; 91 (ii) the physical characteristics of the transgender inmate; 92 (iii) the transgender inmate's criminal history, including whether the transgender 93 inmate has displayed predatory behavior against individuals whose biological sex at birth do 94 not correspond with the transgender inmate's biological sex at birth; 95 (iv) the history of the transgender inmate's behavior while in the department's custody; 96 (v) the likelihood of the transgender inmate causing physical or psychological harm to, 97 or committing offenses against, inmates in the requested living area whose biological sex at 98 birth do not correspond with the transgender inmate's biological sex at birth; 99 (vi) the safety of correctional facility staff if the transgender inmate were to be assigned 100 to the requested living area; 101 (vii) an analysis of whether the transgender inmate has a history or pattern of: 102 (A) anti-social attitudes or behaviors; 103 (B) interacting with peers who display anti-social attitudes or behaviors; 104 (C) negative family issues or influence; 105 (D) a lack of achievement in education and employment; 106 (E) not participating in pro-social leisure activities; or 107 (F) substance abuse; 108 (viii) whether the requested living area assignment would: 109 (A) ensure the transgender inmate's health and safety; and 110 (B) assist the transgender inmate in successfully reentering the community; and 111 (ix) any other factor determined to be relevant by the executive director. 112 (b) The department may assign the transgender inmate to the transgender inmate's 113 requested living area as described in Subsection (5)(a) only if: 114 (i) the department determines, after undertaking the individualized security analysis 115 described in Subsection (5)(a), that the assignment presents a low risk of causing: 116 (A) any physical or psychological harm to an inmate who resides in or will reside in the 117 living area, the correctional facility staff that manage the living area, or the transgender inmate; 118 (B) disruption to correctional facility management; and 119 (C) overall security issues; and 120 (ii) there is no evidence that the transgender inmate is claiming a gender identity or 01-17-24 9:59 AM H.B. 316 - 5 - 121 expression that does not correspond with the inmate's biological sex at birth solely for the 122 purpose of altering the inmate's living area assignment. 123 (6) If the department, after complying with Subsection (5), assigns a transgender 124 inmate to the transgender inmate's requested living area, the department shall: 125 (a) (i) undertake the security analysis described in Subsection (5)(a) after a security 126 incident involving the transgender inmate and at regular intervals determined by the executive 127 director to ensure that the assignment continues to meet the conditions described in Subsection 128 (5)(b); and 129 (ii) if the analysis conducted in Subsection (6)(a) demonstrates that the assignment no 130 longer meets the conditions described in Subsection (5)(b), assign the transgender inmate to a 131 living area with inmates whose biological sex at birth corresponds with the transgender 132 inmate's biological sex at birth; and 133 (b) comply with the reporting requirements described in Subsections 64-13-45(2)(d) 134 and (e). 135 Section 3. Section 64-13-45 is amended to read: 136 64-13-45. Department reporting requirements. 137 (1) As used in this section: 138 (a) [(i)] "Biological sex at birth" means the same as that term is defined in Section 139 26B-8-101. 140 (b) (i) "In-custody death" means an inmate death that occurs while the inmate is in the 141 custody of the department. 142 (ii) "In-custody death" includes an inmate death that occurs while the inmate is: 143 (A) being transported for medical care; or 144 (B) receiving medical care outside of a correctional facility, other than a county jail. 145 [(b)] (c) "Inmate" means an individual who is processed or booked into custody or 146 housed in the department or a correctional facility other than a county jail. 147 [(c)] (d) "Opiate" means the same as that term is defined in Section 58-37-2. 148 (e) "Transgender inmate" means the same as that term is defined in Section 64-13-7. 149 (2) The department shall submit a report to the Commission on Criminal and Juvenile 150 Justice[,] created in Section 63M-7-201[,] before June 15 of each year that includes: 151 (a) the number of in-custody deaths that occurred during the preceding calendar year, H.B. 316 01-17-24 9:59 AM - 6 - 152 including: 153 (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of 154 each of the in-custody deaths described in Subsection (2)(a); and 155 (ii) the department's policy for notifying an inmate's next of kin after the inmate's 156 in-custody death; 157 (b) the department policies, procedures, and protocols: 158 (i) for treatment of an inmate experiencing withdrawal from alcohol or substance use, 159 including use of opiates; 160 (ii) that relate to the department's provision, or lack of provision, of medications used 161 to treat, mitigate, or address an inmate's symptoms of withdrawal, including methadone and all 162 forms of buprenorphine and naltrexone; and 163 (iii) that relate to screening, assessment, and treatment of an inmate for a substance use 164 disorder or mental health disorder; 165 (c) the number of inmates who gave birth and were restrained in accordance with 166 Section 64-13-46, including: 167 (i) the types of restraints used; and 168 (ii) whether the use of restraints was to prevent escape or to ensure the safety of the 169 inmate, medical or corrections staff, or the public; [and] 170 (d) the number of transgender inmates that are assigned to a living area with inmates 171 whose biological sex at birth do not correspond with the transgender inmate's biological sex at 172 birth in accordance with Section 64-13-45, including: 173 (i) the results of the individualized security analysis conducted for each transgender 174 inmate in accordance with Subsection 64-13-45(5)(a); and 175 (ii) a detailed explanation regarding how the security conditions described in 176 Subsection 64-13-45(5)(b) are met for each transgender inmate; 177 (e) the number of transgender inmates that were: 178 (i) assigned to a living area with inmates whose biological sex at birth do not 179 correspond with the transgender inmate's biological sex at birth; and 180 (ii) removed and assigned to a living area with inmates whose biological sex at birth 181 corresponds with the transgender inmate's biological sex at birth in accordance with Subsection 182 64-13-45(6); and 01-17-24 9:59 AM H.B. 316 - 7 - 183 [(d)] (f) any report the department provides or is required to provide under federal law 184 or regulation relating to inmate deaths. 185 (3) The Commission on Criminal and Juvenile Justice shall: 186 (a) compile the information from the reports described in Subsection (2); 187 (b) omit or redact any identifying information of an inmate in the compilation to the 188 extent omission or redaction is necessary to comply with state and federal law; and 189 (c) submit the compilation to the Law Enforcement and Criminal Justice Interim 190 Committee and the Utah Substance Use and Mental Health Advisory Council before November 191 1 of each year. 192 (4) The Commission on Criminal and Juvenile Justice may not provide access to or use 193 the department's policies, procedures, or protocols submitted under this section in a manner or 194 for a purpose not described in this section. 195 Section 4. Effective date. 196 This bill takes effect on May 1, 2024.

Enrolled Copy H.B. 316 1 INMATE ASSIGNMENT AMENDMENTS 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Karianne Lisonbee Senate Sponsor: Heidi Balderree 2 3 LONG TITLE 4 General Description: 5 This bill addresses inmate housing assignments. 6 Highlighted Provisions: 7 This bill: 8 ▸ defines terms; 9 ▸ prohibits, with limited exceptions, the Department of Corrections or a county jail from 10 assigning inmates of the opposite biological sex in the same housing area; and 11 ▸ makes technical and conforming changes. 12 Money Appropriated in this Bill: 13 None 14 Other Special Clauses: 15 None 16 Utah Code Sections Affected: 17 AMENDS: 18 17-22-5, as last amended by Laws of Utah 2004, Chapter 301 19 64-13-7, as last amended by Laws of Utah 2016, Chapter 243 20 64-13-45, as last amended by Laws of Utah 2019, Chapters 311, 385 21 22 Be it enacted by the Legislature of the state of Utah: 23 Section 1. Section 17-22-5 is amended to read: 24 17-22-5 . Sheriff's classification of jail inmates -- Classification criteria -- 25 Alternative incarceration programs -- Limitation. 26 (1) As used in this section, "living area" means the same as that term is defined in Section 27 64-13-7. 28 [(1)] (2) (a) Except as provided in [Subsection (4)] Subsections (5) and (6), the sheriff H.B. 316 Enrolled Copy 29 shall adopt and implement written policies for admission of [prisoners] inmates to the 30 county jail and the classification of [persons] individuals incarcerated in the jail which 31 shall provide for the separation of prisoners by gender and by such other factors as 32 may reasonably provide for the safety and well-being of inmates and the community. 33 (b) To the extent authorized by law, any written admission policies adopted and 34 implemented under this Subsection (2) shall be applied equally to all entities using 35 the county correctional facilities. 36 [(2)] (3) Except as provided in [Subsection (4)] Subsections (5) and (6), each county sheriff 37 shall assign [prisoners] inmates to a facility or section of a facility based on classification 38 criteria that the sheriff develops and maintains. 39 [(3)] (4) (a) Except as provided in Subsection [(4)] (6), a county sheriff may develop and 40 implement alternative incarceration programs that may [or may not ]involve housing [ 41 a prisoner] an inmate in a jail facility. 42 (b) [A prisoner] An inmate housed under an alternative incarceration program under 43 Subsection [(3)(a)] (4)(a) shall be considered to be in the full custody and control of 44 the sheriff for purposes of Section 76-8-309. 45 (c) [A prisoner] An inmate may not be placed in an alternative incarceration program 46 under Subsection [(3)(a)] (4)(a) unless: 47 (i) the jail facility is at maximum operating capacity, as established under [Subsection 48 17-22-5.5(2)] Section 17-22-5.5; or 49 (ii) ordered by the court. 50 (5) A jail facility shall comply with the same requirements as the Department of 51 Corrections described in Subsections 64-13-7(4), (5), and (6) when assigning an inmate 52 to a living area, including the reporting requirements in Subsections 64-13-45(2)(d) and 53 (e). 54 [(4)] (6) This section [may not be construed to] does not authorize a sheriff to modify 55 provisions of a contract with the Department of Corrections to house in a county jail [ 56 persons] inmates sentenced to the Department of Corrections. 57 Section 2. Section 64-13-7 is amended to read: 58 64-13-7 . Individuals in custody. 59 (1) As used in this section: 60 (a) "Biological sex at birth" means the same as that term is defined in Section 26B-8-101. 61 (b) "Correctional facility" means the same as that term is defined in Section 77-16b-102. 62 (c) "Criminogenic factor" means a personal trait, condition, outside influence, or societal - 2 - Enrolled Copy H.B. 316 63 factor that tends to increase an inmate's likelihood of committing a criminal offense. 64 (d) (i) "Living area" means a location within a correctional facility where an inmate is 65 assigned to sleep, recreate, study, or interact with other inmates. 66 (ii) "Living area" does not include a location within a correctional facility where an 67 inmate is temporarily placed by staff of the correctional facility to facilitate 68 transfers, visitation, medical care, or other needs of the correctional facility or 69 inmate. 70 (e) "Transgender inmate" means an inmate whose gender identity or expression does not 71 correspond with the inmate's biological sex at birth. 72 (2) [All offenders] An offender committed for incarceration in a state correctional facility or 73 for supervision on probation or parole, shall be placed in the custody of the department. 74 (3) The department shall establish procedures and is responsible for the appropriate 75 assignment or transfer of [public offenders to facilities or programs. ] an offender to a 76 facility or program. 77 (4) Subject to Subsection (5), the department or a county jail may not: 78 (a) assign an inmate whose biological sex at birth is male to a living area where an 79 inmate whose biological sex at birth is female is assigned; or 80 (b) assign an inmate whose biological sex at birth is female to a living area where an 81 inmate whose biological sex at birth is male is assigned. 82 (5) (a) Upon a request from a transgender inmate to be assigned to a living area with 83 inmates whose biological sex at birth do not correspond with the transgender inmate's 84 biological sex at birth, or if the department or a county jail seeks to assign a 85 transgender inmate to a living area with inmates whose biological sex at birth do not 86 correspond with the transgender inmate's biological sex at birth, the department or a 87 county jail shall undertake an individualized security analysis considering 88 criminogenic and other factors including: 89 (i) the transgender inmate's anatomy which may be verified through a conversation 90 with the transgender inmate, reviewing the transgender inmate's medical records, 91 routine protocols applicable to all inmates, or as part of a broader medical 92 examination of the transgender inmate conducted in private by a medical 93 professional if necessary; 94 (ii) the physical characteristics of the transgender inmate; 95 (iii) the transgender inmate's criminal history, including whether the transgender 96 inmate has displayed predatory behavior against individuals whose biological sex - 3 - H.B. 316 Enrolled Copy 97 at birth do not correspond with the transgender inmate's biological sex at birth; 98 (iv) the history of the transgender inmate's behavior while in the department's or a 99 county jail's custody; 100 (v) the likelihood of the transgender inmate causing physical or psychological harm 101 to, or committing offenses against, inmates in the requested living area whose 102 biological sex at birth do not correspond with the transgender inmate's biological 103 sex at birth; 104 (vi) the safety of correctional facility staff if the transgender inmate were to be 105 assigned to the requested living area; 106 (vii) an analysis of whether the transgender inmate has a history or pattern of: 107 (A) anti-social attitudes or behaviors; 108 (B) interacting with peers who display anti-social attitudes or behaviors; 109 (C) negative family issues or influence; 110 (D) a lack of achievement in education and employment; 111 (E) not participating in pro-social leisure activities; or 112 (F) substance abuse; 113 (viii) whether the requested living area assignment would: 114 (A) ensure the transgender inmate's health and safety; and 115 (B) assist the transgender inmate in successfully reentering the community; and 116 (ix) any other factor determined to be relevant by the executive director or a county 117 sheriff. 118 (b) The department or a county jail may assign a transgender inmate to a living area with 119 inmates whose biological sex at birth do not correspond with the transgender inmate's 120 biological sex at birth only if: 121 (i) the department or a county jail determines, after undertaking the individualized 122 security analysis described in Subsection (5)(a), that the assignment presents a low 123 risk of causing: 124 (A) any physical or psychological harm to an inmate who resides in or will reside 125 in the living area, the correctional facility staff that manage the living area, or 126 the transgender inmate; 127 (B) disruption to correctional facility management; and 128 (C) overall security issues; and 129 (ii) there is no evidence that the transgender inmate is claiming a gender identity or 130 expression that does not correspond with the inmate's biological sex at birth solely - 4 - Enrolled Copy H.B. 316 131 for the purpose of altering the inmate's living area assignment. 132 (6) If the department or a county jail, after complying with Subsection (5), assigns a 133 transgender inmate to a living area with inmates whose biological sex at birth do not 134 correspond with the transgender inmate's biological sex at birth, the department or a 135 county jail shall: 136 (a) (i) undertake the security analysis described in Subsection (5)(a) after a security 137 incident involving the transgender inmate and at regular intervals determined by 138 the executive director or a county sheriff to ensure that the assignment continues 139 to meet the conditions described in Subsection (5)(b); and 140 (ii) if the analysis conducted in Subsection (6)(a) demonstrates that the assignment no 141 longer meets the conditions described in Subsection (5)(b), assign the transgender 142 inmate to a living area with inmates whose biological sex at birth corresponds 143 with the transgender inmate's biological sex at birth; and 144 (b) comply with the reporting requirements described in Subsections 64-13-45(2)(d) and 145 (e). 146 Section 3. Section 64-13-45 is amended to read: 147 64-13-45 . Department reporting requirements. 148 (1) As used in this section: 149 (a) [(i)] "Biological sex at birth" means the same as that term is defined in Section 150 26B-8-101. 151 (b) (i) "In-custody death" means an inmate death that occurs while the inmate is in 152 the custody of the department. 153 (ii) "In-custody death" includes an inmate death that occurs while the inmate is: 154 (A) being transported for medical care; or 155 (B) receiving medical care outside of a correctional facility, other than a county 156 jail. 157 [(b)] (c) "Inmate" means an individual who is processed or booked into custody or 158 housed in the department or a correctional facility other than a county jail. 159 [(c)] (d) "Opiate" means the same as that term is defined in Section 58-37-2. 160 (e) "Transgender inmate" means the same as that term is defined in Section 64-13-7. 161 (2) The department shall submit a report to the Commission on Criminal and Juvenile 162 Justice[,] created in Section 63M-7-201[,] before June 15 of each year that includes: 163 (a) the number of in-custody deaths that occurred during the preceding calendar year, 164 including: - 5 - H.B. 316 Enrolled Copy 165 (i) the known, or discoverable on reasonable inquiry, causes and contributing factors 166 of each of the in-custody deaths described in Subsection (2)(a); and 167 (ii) the department's policy for notifying an inmate's next of kin after the inmate's 168 in-custody death; 169 (b) the department policies, procedures, and protocols: 170 (i) for treatment of an inmate experiencing withdrawal from alcohol or substance use, 171 including use of opiates; 172 (ii) that relate to the department's provision, or lack of provision, of medications used 173 to treat, mitigate, or address an inmate's symptoms of withdrawal, including 174 methadone and all forms of buprenorphine and naltrexone; and 175 (iii) that relate to screening, assessment, and treatment of an inmate for a substance 176 use disorder or mental health disorder; 177 (c) the number of inmates who gave birth and were restrained in accordance with 178 Section 64-13-46, including: 179 (i) the types of restraints used; and 180 (ii) whether the use of restraints was to prevent escape or to ensure the safety of the 181 inmate, medical or corrections staff, or the public;[ and] 182 (d) the number of transgender inmates that are assigned to a living area with inmates 183 whose biological sex at birth do not correspond with the transgender inmate's 184 biological sex at birth in accordance with Section 64-13-7, including: 185 (i) the results of the individualized security analysis conducted for each transgender 186 inmate in accordance with Subsection 64-13-7(5)(a); and 187 (ii) a detailed explanation regarding how the security conditions described in 188 Subsection 64-13-7(5)(b) are met for each transgender inmate; 189 (e) the number of transgender inmates that were: 190 (i) assigned to a living area with inmates whose biological sex at birth do not 191 correspond with the transgender inmate's biological sex at birth; and 192 (ii) removed and assigned to a living area with inmates whose biological sex at birth 193 corresponds with the transgender inmate's biological sex at birth in accordance 194 with Subsection 64-13-7(6); and 195 [(d)] (f) any report the department provides or is required to provide under federal law or 196 regulation relating to inmate deaths. 197 (3) The Commission on Criminal and Juvenile Justice shall: 198 (a) compile the information from the reports described in Subsection (2); - 6 - Enrolled Copy H.B. 316 199 (b) omit or redact any identifying information of an inmate in the compilation to the 200 extent omission or redaction is necessary to comply with state and federal law ; and 201 (c) submit the compilation to the Law Enforcement and Criminal Justice Interim 202 Committee and the Utah Substance Use and Mental Health Advisory Council before 203 November 1 of each year. 204 (4) The Commission on Criminal and Juvenile Justice may not provide access to or use the 205 department's policies, procedures, or protocols submitted under this section in a manner 206 or for a purpose not described in this section. 207 Section 4. Effective date. 208 This bill takes effect on May 1, 2024. - 7 -