HB 252: State Custody Amendments - Utah

Amended 2/3/2025 12:02:66 → Substitute #1 · 8 edits

MODERATE

This bill amends Utah laws regarding medical and surgical treatment for individuals in state custody, including prisoners, inmates, and minors. It establishes restrictions on certain gender-affirming treatments while allowing for mental health care and psychotherapy. The bill also updates definitions and housing requirements for juvenile detention facilities.

Scope change

The bill expands coverage to include minors in custody under the Division of Juvenile Justice and Youth Services, in addition to adult prisoners and inmates in correctional facilities.

REQUIREMENT

Prohibits sheriffs from initiating cross-sex hormone treatment, primary sex characteristic surgical procedures, or secondary sex characteristic surgical procedures for prisoners in county jails.

Prohibits the Department of Corrections from initiating cross-sex hormone treatment, primary sex characteristic surgical procedures, or secondary sex characteristic surgical procedures for inmates in correctional facilities.

Prohibits the Division of Juvenile Justice and Youth Services from initiating puberty inhibition drug treatment, cross-sex hormone treatment, primary sex characteristic surgical procedures, or secondary sex characteristic surgical procedures for minors in custody.

Allows sheriffs, the Department of Corrections, and the Division of Juvenile Justice to provide psychotherapy and mental health care to treat gender dysphoria and co-occurring mental health disorders.

Requires separate housing units for male and female individuals in secure care facilities for juvenile offenders.

DEFINITION

Added definitions for 'cross-sex hormone treatment', 'primary sex characteristic surgical procedure', 'secondary sex characteristic surgical procedure', and 'puberty inhibition drug treatment' to clarify what treatments are restricted.

Updated age threshold for 'youth receiving state services' in criminal law from under 18 to under 25 years old for certain custody contexts.

TECHNICAL

Made technical formatting changes and renumbered certain code sections for consistency.

Amended Excerpts 2/3/2025 12:02:66 → Amended 2/3/2025 12:02:66 · 5 edits

MODERATE

This bill reorganizes and clarifies definitions related to medical treatments for individuals in state custody, particularly regarding puberty inhibition, cross-sex hormone treatment, and sex characteristic surgeries. It establishes new prohibitions on certain medical procedures for prisoners while allowing psychotherapy for gender dysphoria. The changes also update funding responsibilities for contraceptive services and medication-assisted treatment in jails.

Scope change

The bill expands the scope to include specific medical treatment definitions and restrictions for prisoners, while clarifying which procedures are prohibited versus allowed for individuals in state custody.

DEFINITION

Added new definitions for puberty inhibition drug treatment, cross-sex hormone treatment, and sex characteristic surgical procedures to clarify what medical interventions are covered.

REQUIREMENT

Added new requirements for sheriffs to provide contraceptive options to prisoners during intake and to continue medication-assisted treatment plans for inmates who were active clients before arrest.

Added new prohibitions preventing sheriffs from initiating puberty inhibition drug treatment, cross-sex hormone treatment, or sex characteristic surgical procedures for prisoners.

FISCAL

Added clarification that Department of Health and Human Services must pay for contraceptive services provided to prisoners, while county treasuries pay for other jail health care services.

TECHNICAL

Modified section numbering and reorganized bill structure to consolidate related provisions and improve clarity of definitions and requirements.

Enrolled → Amended Excerpts 2/3/2025 12:02:66 · 7 edits

MODERATE

This bill amends Utah laws governing care for individuals in state custody, including prisoners, inmates, and minors. The primary changes establish restrictions on gender-affirming treatments for these populations while allowing psychotherapy and mental health care. The bill also updates definitions related to youth services and clarifies penalties for sexual misconduct with minors in state custody.

Scope change

The bill expands restrictions on gender-affirming treatments to include minors in state custody (previously limited to adult inmates) and clarifies the age threshold for youth receiving state services from under 18 to under 21 for certain custody situations.

REQUIREMENT

Prohibits initiation of puberty inhibition drug treatment, cross-sex hormone treatment, primary sex characteristic surgical procedures, and secondary sex characteristic surgical procedures for minors in state custody.

Prohibits initiation of cross-sex hormone treatment, primary sex characteristic surgical procedures, and secondary sex characteristic surgical procedures for adult inmates and prisoners.

Requires separate housing units for male and female individuals in secure care facilities for juvenile offenders.

ELIGIBILITY

Changed the age threshold for 'youth receiving state services' from under 18 to under 21 for individuals in Division of Juvenile Justice and Youth Services custody or under juvenile court jurisdiction.

ADDED

Added definition for 'Puberty inhibition drug treatment' to clarify it includes gonadotropin-releasing hormone agonists and androgen receptor inhibitors.

DEFINITION

Reordered and renumbered definitions in Section 80-5-102 to include new terms related to gender-affirming treatments and youth services.

FISCAL

Clarified that expenses for contraceptive services for prisoners are paid by the Department of Health and Human Services rather than county treasuries.

Introduced → Enrolled · 7 edits · Mar 20, 2025

MODERATE

This bill amends Utah's state custody laws to clarify definitions and restrict certain medical treatments for individuals in state custody. It prohibits correctional facilities from providing cross-sex hormone treatments or primary/secondary sex characteristic surgeries, while allowing psychotherapy and other medically necessary care for gender dysphoria. The bill also updates definitions for juvenile justice terms and establishes new provisions for jail health care and contraception continuation for prisoners.

Scope change

The bill expands applicability to include additional Utah Code sections related to juvenile justice and jail health care, while maintaining restrictions on specific medical procedures for all individuals in state custody.

DEFINITION

Added new definitions for cross-sex hormone treatment, primary sex characteristic surgical procedure, and secondary sex characteristic surgical procedure to clarify what medical interventions are restricted.

Updated juvenile justice definitions in Section 80-5-102 to clarify terms related to youth services, housing units, and observation programs.

REQUIREMENT

Enacted new sections prohibiting correctional facilities and sheriffs from initiating cross-sex hormone treatments or sex characteristic surgeries for individuals in state custody.

Modified existing sections to allow psychotherapy and mental health care for gender dysphoria while maintaining restrictions on surgical and hormonal treatments.

Added provisions requiring sheriffs to continue certain contraceptive methods for prisoners and maintain medication-assisted treatment plans for active clients.

Established separate housing requirements for male and female individuals in secure care facilities and detention facilities.

TECHNICAL

Made technical changes to code sections and updated references to align with current Utah Code structure.

State Custody Amendments

What changed between versions

How they voted

Actions timeline

Sponsors