HB 122

Enrolled Copy  H.B. 122
1Pregnant and Postpartum Inmate Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Candice B. Pierucci
  Senate Sponsor: Heidi Balderree
2
3  LONG TITLE
4  General Description:
5      This bill addresses issues related to inmates who are pregnant or in postpartum recovery.
6  Highlighted Provisions:
7      This bill:
8      ▸ requires the Department of Corrections (the department) and each county jail to report to
9  the State Commission on Criminal and Juvenile Justice:
10●    the number of known pregnant inmates in custody; and
11●    the number of female inmates in custody who are parents to a minor child;
12      ▸ clarifies that the postpartum recovery period for pregnant inmates is 12 weeks after the
13  day on which the inmate gives birth;
14      ▸ prohibits the restraining of an inmate during postpartum recovery unless an individualized
15  determination of certain security risks is made that details why the restraints are
16  necessary;
17      ▸ increases the period of time that the department and each county jail is required to
18  provide access to a social worker to an inmate who is pregnant, or who has recently
19  given birth, from six weeks to 12 weeks, to help the inmate:
20●    arrange childcare;
21●    establish a reunification plan; and
22●    establish a substance abuse treatment plan, if needed;
23      ▸ clarifies that the department and each county jail is required to provide an inmate in
24  postpartum recovery access to postpartum care for 12 weeks after the inmate gives birth;
25      ▸ clarifies that health care providers in general may make certain decisions regarding
26  pregnant inmates; and
27      ▸ makes technical and conforming changes.
H.B. 122  Enrolled Copy
28   Money Appropriated in this Bill:
29None
30   Other Special Clauses:
31None
32   Utah Code Sections Affected:
33   AMENDS:
3417-72-408, as renumbered and amended by Laws of Utah 2025, First Special Session,
35Chapter 13
3617-72-501, as renumbered and amended by Laws of Utah 2025, First Special Session,
37Chapter 13
3817-72-503, as renumbered and amended by Laws of Utah 2025, First Special Session,
39Chapter 13
4064-13-1, as last amended by Laws of Utah 2023, Chapters 177, 322 and 414
4164-13-7, as last amended by Laws of Utah 2024, Chapter 341
4264-13-45, as last amended by Laws of Utah 2024, Chapters 245, 341
4364-13-46, as last amended by Laws of Utah 2025, Chapter 397
44
45   Be it enacted by the Legislature of the state of Utah:
46Section 1. Section 17-72-408 is amended to read:
4717-72-408 . County jail reporting requirements.
48   (1) Each county jail shall submit a report to the commission before June 15 of each year
49that includes, for the preceding calendar year:
50(a) the average daily prisoner population each month;
51(b) the number of prisoners in the county jail on the last day of each month who identify
52as each race or ethnicity included in the Standards for Transmitting Race and
53Ethnicity published by the United States Federal Bureau of Investigation;
54(c) the number of prisoners booked into the county jail;
55(d) the number of prisoners held in the county jail each month on behalf of each of the
56following entities:
57(i) the Bureau of Indian Affairs;
58(ii) a state prison;
59(iii) a federal prison;
60(iv) the United States Immigration and Customs Enforcement; and
61(v) any other entity with which a county jail has entered a contract to house inmates
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62on the entity's behalf;
63      (e) the number of prisoners that are denied pretrial release and held in the custody of the
64county jail while the prisoner awaited final disposition of the prisoner's criminal
65charges;
66      (f) for each prisoner booked into the county jail:
67(i) the name of the agency that arrested the prisoner;
68(ii) the date and time the prisoner was booked into and released from the custody of
69the county jail;
70(iii) if the prisoner was released from the custody of the county jail, the reason the
71inmate was released from the custody of the county jail;
72(iv) if the prisoner was released from the custody of the county jail on a financial
73condition, whether the financial condition was set by a county sheriff or a court;
74(v) the number of days the prisoner was held in the custody of the county jail before
75disposition of the prisoner's criminal charges;
76(vi) whether the prisoner was released from the custody of the county jail before final
77disposition of the prisoner's criminal charges; and
78(vii) the prisoner's state identification number;
79      (g) the number of in-custody deaths that occurred at the county jail;
80      (h) for each in-custody death:
81(i) the deceased's name, gender, race, ethnicity, age, and known or suspected medical
82diagnosis or disability, if any;
83(ii) the date, time, and location of death;
84(iii) the law enforcement agency that detained, arrested, or was in the process of
85arresting the deceased; and
86(iv) a brief description of the circumstances surrounding the death;
87      (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of
88each of the in-custody deaths described in Subsection (2)(g);
89      (j) the county jail's policy for notifying an inmate's next of kin after the prisoner's
90in-custody death;
91      (k) the county jail policies, procedures, and protocols:
92(i) for treatment of a prisoner experiencing withdrawal from alcohol or substance use,
93including use of opiates;
94(ii) that relate to the county jail's provision, or lack of provision, of medications used
95to treat, mitigate, or address a prisoner's symptoms of withdrawal, including
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96methadone and all forms of buprenorphine and naltrexone; and
97(iii) that relate to screening, assessment, and treatment of a prisoner for a substance
98use or mental health disorder, including the policies, procedures, and protocols
99that implement the requirements described in Section 17-72-501;
100(l)(i) the number of prisoners whose screening described in Section 17-72-501
101indicated the presence of a substance use disorder; and
102(ii) of the prisoners whose screening indicated the presence of a substance use
103disorder, the number of prisoners who received medication under a medication
104assisted treatment plan;[ and]
105(m) the number of female prisoners that the county jail knows were pregnant while
106incarcerated in the county jail;
107(n) the number of prisoners who gave birth and were restrained in accordance with
108Section 64-13-46, including:
109(i) the types of restraints used; and
110(ii) whether the use of restraints was to prevent escape or to ensure the safety of the
111prisoner, medical or corrections staff, or the public;
112(o) the number of female prisoners incarcerated in the county jail who are the parent of a
113minor child as that term is defined in Section 81-1-101; and
114[(m)] (p) any report the county jail provides or is required to provide under federal law or
115regulation relating to prisoner deaths.
116   (2)(a) Subsection (1) does not apply to a county jail if the county jail:
117(i) collects and stores the data described in Subsection (1); and
118(ii) enters into a memorandum of understanding with the commission that allows the
119commission to access the data described in Subsection (1).
120(b) The memorandum of understanding described in Subsection (2)(a)(ii) shall include a
121provision to protect any information related to an ongoing investigation and comply
122with all applicable federal and state laws.
123(c) If the commission accesses data from a county jail in accordance with Subsection
124(2)(a), the commission may not release a report prepared from that data, unless:
125(i) the commission provides the report for review to:
126(A) the county jail; and
127(B) any arresting agency that is named in the report; and
128(ii)(A) the county jail approves the report for release;
129(B) the county jail reviews the report and prepares a response to the report to be
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130published with the report; or
131(C) the county jail fails to provide a response to the report within four weeks after
132the day on which the commission provides the report to the county jail.
133  (3) The commission shall:
134      (a) compile the information from the reports described in Subsection (1);
135      (b) omit or redact any identifying information of an inmate in the compilation to the
136extent omission or redaction is necessary to comply with state and federal law;
137      (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
138Committee and the Utah Substance Use and Mental Health Advisory Committee
139before November 1 of each year; and
140      (d) submit the compilation to the protection and advocacy agency designated by the
141governor before November 1 of each year.
142  (4) The commission may not provide access to or use a county jail's policies, procedures, or
143      protocols submitted under this section in a manner or for a purpose not described in this
144      section.
145  (5) Upon request, a county jail shall make a report, including only the names and causes of
146      death of deceased inmates and the facility in which the deceased inmates were being
147      held in custody, available to the public.
148Section 2. Section 17-72-501 is amended to read:
14917-72-501 . Disclosure of prisoner medical clearance -- Care and health care of
150  prisoners -- Funding of services -- Private contractor.
151  (1)(a) A health care provider, as defined in Section 78B-3-403, who provides health care
152      to an individual before the individual is booked into a county jail by a competent
153      authority, is authorized to disclose to the competent authority whether the individual
154      is medically cleared for incarceration.
155      (b) The disclosure under Subsection (1)(a) shall be made in writing if requested by the
156competent authority.
157  (2) Except as provided in Subsection (8), a sheriff shall:
158      (a) receive each prisoner committed to jail by competent authority;
159      (b) provide each prisoner with necessary food, clothing, and bedding in the manner
160prescribed by the county legislative body;
161      (c) subject to Subsection (7), provide each prisoner health care when:
162(i) the prisoner's symptoms evidence a serious disease or injury;
163(ii) the prisoner's disease or injury is curable or may be substantially alleviated; and
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164(iii) the potential for harm to the prisoner by reason of delay or the denial of health
165care would be substantial;
166(d) provide each prisoner, as part of the intake process, with the option of continuing any
167of the following medically prescribed methods of contraception:
168(i) an oral contraceptive;
169(ii) an injectable contraceptive;
170(iii) a patch;
171(iv) a vaginal ring; or
172(v) an intrauterine device, if the prisoner was prescribed the intrauterine device
173because the prisoner experiences serious and persistent adverse effects when using
174the methods of contraception described in Subsections (2)(d)(i) and (ii);
175(e)(i) within 30 days after a prisoner is committed to jail, use an evidence-based
176screening tool to screen each inmate for substance use disorders; and
177(ii) use the results of the screening to assist with providing programming and
178treatment options for the prisoner;
179(f) cooperate with health care personnel to continue a medication assisted treatment plan
180for a prisoner if the prisoner was an active client before arrest and commitment; and
181(g) ensure that each female prisoner younger than 50 years old who has been
182incarcerated for longer than 72 hours on a state or local criminal offense is offered,
183which the prisoner may reject, a test for pregnancy.
184   (3) A sheriff may provide the generic form of a contraceptive described in Subsection
185(2)(d)(i) or (ii).
186   (4) A sheriff shall follow the provisions of Section 64-13-46 if a prisoner is pregnant or in
187postpartum recovery, as that term is defined in Section 64-13-46, including the reporting
188requirements described in Subsections 17-22-32(2)(m) and (n).
189   (5)(a) Except as provided in Section 17-72-506 and Subsection (5)(b), the expense
190incurred in providing the services required by this section to prisoners shall be paid
191from the county treasury.
192(b) The expense incurred in providing the services described in Subsection (2)(d) to
193prisoners shall be paid by the Department of Health and Human Services.
194   (6) A medication used for a medication assisted treatment plan under Subsection (2)(f):
195(a) shall be administered to a prisoner in accordance with the prisoner's prescription
196under the direction of the sheriff;
197(b) may be paid for by a county; and
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198      (c) may be left or stored at a jail at the discretion of the sheriff.
199  (7)(a) A sheriff may not initiate any of the following procedures or treatments for a
200      prisoner:
201(i) a cross-sex hormone treatment;
202(ii) a primary sex characteristic surgical procedure; or
203(iii) a secondary sex characteristic surgical procedure.
204      (b) Subject to Subsection (7)(a) and Section 17-72-503, a sheriff may provide
205psychotherapy, mental health care, or any other necessary and appropriate treatment
206to treat a prisoner's gender dysphoria and any co-occuring mental health disorder.
207  (8) If the county executive contracts with a private contractor to provide the services
208      required by this section, the sheriff shall provide only those services required of the
209      sheriff by the contract between the county and the private contractor.
210Section 3. Section 17-72-503 is amended to read:
21117-72-503 . Sheriff's classification of prisoners -- Classification criteria --
212  Alternative incarceration programs -- Limitation.
213  (1) As used in this section, "living area" means the same as that term is defined in Section
214      64-13-7.
215  (2)(a) Except as provided in Subsections (5) and (6), the sheriff shall adopt and
216      implement written policies:
217(i) for admission of prisoners to the county jail; and
218(ii) for the classification of prisoners that provide for the separation of prisoners by
219gender and by other factors as may reasonably provide for the safety and
220well-being of prisoners and the community.
221      (b) To the extent authorized by law, any written admission policies adopted and
222implemented under this Subsection (2) shall be applied equally to all entities using
223the county correctional facilities.
224  (3) Except as provided in Subsections (5) and (6), each county sheriff shall assign prisoners
225      to a facility or section of a facility based on classification criteria that the sheriff
226      develops and maintains.
227  (4)(a) Except as provided in Subsection (6), a county sheriff may develop and
228      implement alternative incarceration programs that may involve housing a prisoner in
229      a jail facility.
230      (b) A prisoner housed under an alternative incarceration program under Subsection (4)(a)
231shall be considered to be in the full custody and control of the sheriff for purposes of
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232Sections 76-8-309 and 76-8-309.3.
233(c) A prisoner may not be placed in an alternative incarceration program under
234Subsection (4)(a) unless:
235(i) the county jail is at maximum operating capacity, as established under Section
23617-72-402; or
237(ii) ordered by the court.
238   (5) A jail facility shall comply with the same requirements as the Department of
239Corrections described in Subsections 64-13-7(4), (5), and (6) when assigning a prisoner
240to a living area, including the reporting requirements in Subsections [64-13-45(2)(d) and
241(e).] 64-13-45(2)(f) and (g).
242   (6) This section does not authorize a sheriff to modify provisions of a contract with the
243Department of Corrections to house state inmates in a county jail.
244Section 4. Section 64-13-1 is amended to read:
24564-13-1 . Definitions.
246      As used in this chapter:
247   (1) "Behavioral health transition facility" means a nonsecure correctional facility operated
248by the department for the purpose of providing a therapeutic environment for offenders
249receiving mental health services.
250   (2) "Case action plan" means a document developed by the Department of Corrections that
251identifies:
252(a) the program priorities for the treatment of the offender, including the criminal risk
253factors as determined by risk, needs, and responsivity assessments conducted by the
254department; and
255(b) clearly defined completion requirements.
256   (3) "Community correctional center" means a nonsecure correctional facility operated by
257the department, but does not include a behavioral health transition facility for the
258purposes of Section 64-13f-103.
259   (4) "Correctional facility" means any facility operated to house offenders in a secure or
260nonsecure setting:
261(a) by the department; or
262(b) under a contract with the department.
263   (5) "Criminal risk factors" means an individual's characteristics and behaviors that:
264(a) affect the individual's risk of engaging in criminal behavior; and
265(b) are diminished when addressed by effective treatment, supervision, and other support
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266resources, resulting in a reduced risk of criminal behavior.
267  (6) "Department" means the Department of Corrections.
268  (7) "Direct supervision" means a housing and supervision system that is designed to meet
269      the goals described in Subsection 64-13-14(5) and has the elements described in
270      Subsection 64-13-14(6).
271  (8) "Emergency" means any riot, disturbance, homicide, inmate violence occurring in any
272      correctional facility, or any situation that presents immediate danger to the safety,
273      security, and control of the department.
274  (9) "Evidence-based" means a program or practice that has had multiple randomized control
275      studies or a meta-analysis demonstrating that the program or practice is effective for a
276      specific population or has been rated as effective by a standardized program evaluation
277      tool.
278  (10) "Evidence-informed" means a program or practice that is based on research and the
279      experience and expertise of the department.
280  (11) "Executive director" means the executive director of the Department of Corrections.
281  (12) "Inmate" means an individual who is:
282      (a) committed to the custody of the department; and
283      (b) housed at a correctional facility or at a county jail at the request of the department.
284  (13) "Minor child" means the same as that term is defined in Section 81-1-101.
285  [(13)] (14) "Offender" means an individual who has been convicted of a crime for which the
286      individual may be committed to the custody of the department and is at least one of the
287      following:
288      (a) committed to the custody of the department;
289      (b) on probation; or
290      (c) on parole.
291  [(14)] (15) "Recidivism" means a return to criminal activity after a previous criminal
292      conviction.
293  [(15)] (16) "Restitution" means the same as that term is defined in Section 77-38b-102.
294  [(16)] (17) "Risk and needs assessment" means an actuarial tool validated on criminal
295      offenders that determines:
296      (a) an individual's risk of reoffending; and
297      (b) the criminal risk factors that, when addressed, reduce the individual's risk of
298reoffending.
299  [(17)] (18) "Secure correctional facility" means any prison, penitentiary, or other institution
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300operated by the department or under contract for the confinement of offenders, where
301force may be used to restrain an offender if the offender attempts to leave the institution
302without authorization.
303   [(18)] (19) "Serious illness" means, as determined by the inmate's physician, an illness that
304substantially impairs the inmate's quality of life.
305   [(19)] (20) "Serious injury" means, as determined by the inmate's physician, bodily injury
306that involves a substantial risk of death, prolonged unconsciousness, prolonged and
307obvious disfigurement, or prolonged loss or impairment of the function of a bodily
308member, organ, or mental faculty.
309   [(20)] (21) "State-issued driver license" means a driver license issued in accordance with
310Title 53, Chapter 3, Part 2, Driver Licensing Act, or an equivalent issued by another
311state.
312   [(21)] (22) "State-issued identification card" means an identification card issued in
313accordance with Title 53, Chapter 3, Part 8, Identification Card Act, or an equivalent
314issued by another state.
315Section 5. Section 64-13-7 is amended to read:
31664-13-7 . Individuals in custody.
317   (1) As used in this section:
318(a) "Biological sex at birth" means the same as that term is defined in Section 26B-8-101.
319(b) "Correctional facility" means the same as that term is defined in Section 77-16b-102.
320(c) "Criminogenic factor" means a personal trait, condition, outside influence, or societal
321factor that tends to increase an inmate's likelihood of committing a criminal offense.
322(d)(i) "Living area" means a location within a correctional facility where an inmate is
323assigned to sleep, recreate, study, or interact with other inmates.
324(ii) "Living area" does not include a location within a correctional facility where an
325inmate is temporarily placed by staff of the correctional facility to facilitate
326transfers, visitation, medical care, or other needs of the correctional facility or
327inmate.
328(e) "Transgender inmate" means an inmate whose gender identity or expression does not
329correspond with the inmate's biological sex at birth.
330   (2) An offender committed for incarceration in a state correctional facility or for
331supervision on probation or parole, shall be placed in the custody of the department.
332   (3) The department shall establish procedures and is responsible for the appropriate
333assignment or transfer of an offender to a facility or program.
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334  (4) Subject to Subsection (5), the department or a county jail may not:
335      (a) assign an inmate whose biological sex at birth is male to a living area where an
336inmate whose biological sex at birth is female is assigned; or
337      (b) assign an inmate whose biological sex at birth is female to a living area where an
338inmate whose biological sex at birth is male is assigned.
339  (5)(a) Upon a request from a transgender inmate to be assigned to a living area with
340      inmates whose biological sex at birth do not correspond with the transgender inmate's
341      biological sex at birth, or if the department or a county jail seeks to assign a
342      transgender inmate to a living area with inmates whose biological sex at birth do not
343      correspond with the transgender inmate's biological sex at birth, the department or a
344      county jail shall undertake an individualized security analysis considering
345      criminogenic and other factors including:
346(i) the transgender inmate's anatomy which may be verified through a conversation
347with the transgender inmate, reviewing the transgender inmate's medical records,
348routine protocols applicable to all inmates, or as part of a broader medical
349examination of the transgender inmate conducted in private by a medical
350professional if necessary;
351(ii) the physical characteristics of the transgender inmate;
352(iii) the transgender inmate's criminal history, including whether the transgender
353inmate has displayed predatory behavior against individuals whose biological sex
354at birth do not correspond with the transgender inmate's biological sex at birth;
355(iv) the history of the transgender inmate's behavior while in the department's or a
356county jail's custody;
357(v) the likelihood of the transgender inmate causing physical or psychological harm
358to, or committing offenses against, inmates in the requested living area whose
359biological sex at birth do not correspond with the transgender inmate's biological
360sex at birth;
361(vi) the safety of correctional facility staff if the transgender inmate were to be
362assigned to the requested living area;
363(vii) an analysis of whether the transgender inmate has a history or pattern of:
364(A) anti-social attitudes or behaviors;
365(B) interacting with peers who display anti-social attitudes or behaviors;
366(C) negative family issues or influence;
367(D) a lack of achievement in education and employment;
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368(E) not participating in pro-social leisure activities; or
369(F) substance abuse;
370(viii) whether the requested living area assignment would:
371(A) ensure the transgender inmate's health and safety; and
372(B) assist the transgender inmate in successfully reentering the community; and
373(ix) any other factor determined to be relevant by the executive director or a county
374sheriff.
375(b) The department or a county jail may assign a transgender inmate to a living area with
376inmates whose biological sex at birth do not correspond with the transgender inmate's
377biological sex at birth only if:
378(i) the department or a county jail determines, after undertaking the individualized
379security analysis described in Subsection (5)(a), that the assignment presents a low
380risk of causing:
381(A) any physical or psychological harm to an inmate who resides in or will reside
382in the living area, the correctional facility staff that manage the living area, or
383the transgender inmate;
384(B) disruption to correctional facility management; and
385(C) overall security issues; and
386(ii) there is no evidence that the transgender inmate is claiming a gender identity or
387expression that does not correspond with the inmate's biological sex at birth solely
388for the purpose of altering the inmate's living area assignment.
389   (6) If the department or a county jail, after complying with Subsection (5), assigns a
390transgender inmate to a living area with inmates whose biological sex at birth do not
391correspond with the transgender inmate's biological sex at birth, the department or a
392county jail shall:
393(a)(i) undertake the security analysis described in Subsection (5)(a) after a security
394incident involving the transgender inmate and at regular intervals determined by
395the executive director or a county sheriff to ensure that the assignment continues
396to meet the conditions described in Subsection (5)(b); and
397(ii) if the analysis conducted in Subsection (6)(a) demonstrates that the assignment no
398longer meets the conditions described in Subsection (5)(b), assign the transgender
399inmate to a living area with inmates whose biological sex at birth corresponds
400with the transgender inmate's biological sex at birth; and
401(b) comply with the reporting requirements described in Subsections [64-13-45(2)(d)
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402and (e)] 64-13-45(2)(f) and (g).
403Section 6. Section 64-13-45 is amended to read:
40464-13-45 . Department reporting requirements.
405  (1) As used in this section:
406      (a) "Biological sex at birth" means the same as that term is defined in Section 26B-8-101.
407      (b)(i) "In-custody death" means an inmate death that occurs while the inmate is in the
408custody of the department.
409(ii) "In-custody death" includes an inmate death that occurs while the inmate is:
410(A) being transported for medical care; or
411(B) receiving medical care outside of a correctional facility, other than a county
412jail.
413      (c) "Inmate" means an individual who is processed or booked into custody or housed in
414the department or a correctional facility other than a county jail.
415      (d) "Opiate" means the same as that term is defined in Section 58-37-2.
416      (e) "Transgender inmate" means the same as that term is defined in Section 64-13-7.
417  (2) The department shall submit a report to the Commission on Criminal and Juvenile
418      Justice created in Section 63M-7-201 before June 15 of each year that includes:
419      (a) the number of in-custody deaths that occurred during the preceding calendar year,
420including:
421(i) the known, or discoverable on reasonable inquiry, causes and contributing factors
422of each of the in-custody deaths described in Subsection (2)(a); and
423(ii) the department's policy for notifying an inmate's next of kin after the inmate's
424in-custody death;
425      (b) the department policies, procedures, and protocols:
426(i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,
427including use of opiates;
428(ii) that relate to the department's provision, or lack of provision, of medications used
429to treat, mitigate, or address an inmate's symptoms of withdrawal, including
430methadone and all forms of buprenorphine and naltrexone; and
431(iii) that relate to screening, assessment, and treatment of an inmate for a substance
432use disorder or mental health disorder;
433      (c) the number of female inmates that the department knows who are pregnant and
434currently incarcerated in a correctional facility operated by the department;
435      [(c)] (d) the number of inmates who gave birth and were restrained in accordance with
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436Section 64-13-46, including:
437(i) the types of restraints used; and
438(ii) whether the use of restraints was to prevent escape or to ensure the safety of the
439inmate, medical or corrections staff, or the public;
440(e) the number of inmates incarcerated in a correctional facility operated by the
441department who are the parent of a minor child;
442[(d)] (f) the number of transgender inmates that are assigned to a living area with inmates
443whose biological sex at birth do not correspond with the transgender inmate's
444biological sex at birth in accordance with Section 64-13-7, including:
445(i) the results of the individualized security analysis conducted for each transgender
446inmate in accordance with Subsection 64-13-7(5)(a); and
447(ii) a detailed explanation regarding how the security conditions described in
448Subsection 64-13-7(5)(b) are met for each transgender inmate;
449[(e)] (g) the number of transgender inmates that were:
450(i) assigned to a living area with inmates whose biological sex at birth do not
451correspond with the transgender inmate's biological sex at birth; and
452(ii) removed and assigned to a living area with inmates whose biological sex at birth
453corresponds with the transgender inmate's biological sex at birth in accordance
454with Subsection 64-13-7(6); and
455[(f)] (h) any report the department provides or is required to provide under federal law or
456regulation relating to inmate deaths.
457   (3) The State Commission on Criminal and Juvenile Justice shall:
458(a) compile the information from the reports described in Subsection (2);
459(b) omit or redact any identifying information of an inmate in the compilation to the
460extent omission or redaction is necessary to comply with state and federal law[ ]; and
461(c) submit the compilation to the Law Enforcement and Criminal Justice Interim
462Committee and the Utah Substance Use and Mental Health Advisory Committee
463before November 1 of each year.
464   (4) The State Commission on Criminal and Juvenile Justice may not provide access to or
465use the department's policies, procedures, or protocols submitted under this section in a
466manner or for a purpose not described in this section.
467Section 7. Section 64-13-46 is amended to read:
46864-13-46 . Pregnant inmates.
469   (1) As used in this section:
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470      (a) "Postpartum recovery" means[, as determined by the pregnant inmate's physician, the
471period immediately following delivery, including the entire period the inmate is in
472the hospital or health care facility after birth] the period of 12 weeks after the day on
473which a pregnant inmate gives birth.
474      (b) "Restraints" means any physical restraint or mechanical device used to control the
475movement of an inmate's body or limbs, including flex cuffs, soft restraints, shackles,
476or a convex shield.
477      (c)(i) "Shackles" means metal restraints, including leg irons, belly chains, or a
478security or tether chain.
479(ii) "Shackles" does not include hard metal handcuffs.
480  (2) The department shall ensure that each female inmate younger than 50 years old is
481      offered, which the inmate may reject, a test for pregnancy upon admission, or within a
482      reasonable time after admission, to a correctional facility.
483  (3) Subject to Subsections (4) and (5), if the staff of a correctional facility knows or has
484      reason to believe that an inmate is pregnant or is in postpartum recovery, the staff shall,
485      when restraining the inmate at any time or location, use the least restrictive restraints
486      necessary to ensure the safety and security of the inmate and others.
487  (4) A correctional staff member may not use restraints on an inmate during the third
488      trimester of pregnancy, labor, [or ]childbirth, or postpartum recovery unless a
489      correctional staff member makes an individualized determination that there are
490      compelling grounds to believe that the inmate presents:
491      (a) an immediate and serious risk of harm to the inmate, the inmate's infant, medical
492staff, correctional staff, or the public; or
493      (b) a substantial risk of escape that cannot reasonably be reduced by the use of other
494existing means.
495  (5) Notwithstanding Subsection (4), under no circumstances may shackles, leg restraints, or
496      waist restraints be used on an inmate during the third trimester of pregnancy, labor,
497      childbirth, or postpartum recovery.
498  (6) Correctional staff present during labor or childbirth shall:
499      (a) be stationed in a location that offers the maximum privacy to the inmate, while
500taking into consideration safety and security concerns; and
501      (b) be female, if practicable.
502  (7) If a correctional staff member authorizes restraints under Subsection (3) or (4), the
503      correctional staff member shall make a written record of the authorization and use of the
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504restraints that includes:
505(a) an explanation of the grounds for the correctional staff member's authorization on the
506use of restraints;
507(b) the type of restraints that were used; and
508(c) the length of time the restraints were used.
509   (8) The record described in Subsection (7):
510(a) shall be retained by the correctional facility for five years;
511(b) shall be available for public inspection with individually identifying information
512redacted; and
513(c) may not be considered a medical record under state or federal law.
514   (9) For a minimum of 48 hours after an inmate has given birth, a correctional facility shall,
515if directed by the inmate's [physician] health care provider, allow the infant to remain
516with the inmate at the health care facility.
517   (10) A correctional facility shall provide:
518(a) an inmate who is pregnant, or who has given birth within the past [six] 12 weeks,
519access to a social worker to help the inmate:
520(i) arrange childcare;
521(ii) establish a reunification plan; and
522(iii) establish a substance abuse treatment plan, if needed; and
523(b) an inmate in postpartum recovery access to postpartum care [for up to 12 weeks as
524determined by the inmate's physician] during the entire period of postpartum recovery.
525   (11) The department may not create or operate a nursery in a correctional facility to provide
526space for a female inmate and the inmate's child.
527Section 8. Effective Date.
528   This bill takes effect on May 6, 2026.
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