HB 326: Pregnant and Postpartum Inmate Amendments - Utah

Amended 2/6/2025 11:02:547 → Substitute #1 · 6 edits

MODERATE

This bill amends Utah statutes to improve protections for pregnant and postpartum inmates by requiring pregnancy testing for all female inmates, mandating collection of parental information, and establishing stricter rules on restraints during pregnancy. It also extends the repeal date of the Correctional Postnatal and Early Childhood Advisory Board and adds a requirement for courts to consider potential harm to children when sentencing parents to imprisonment.

Scope change

The bill expands the scope to include county jails alongside the Department of Corrections for pregnancy testing and parental information collection, and adds a new sentencing consideration requirement for courts.

REQUIREMENT

Requires all female inmates admitted to correctional facilities to be tested for pregnancy upon admission or within a reasonable time after admission.

Requires both the Department of Corrections and county jails to collect and report information on whether inmates are parents to minor children, including the number and ages of those children.

Prohibits use of shackles, leg restraints, or waist restraints during the third trimester of pregnancy, labor, childbirth, or postpartum recovery, with limited exceptions for immediate serious risk of harm or escape.

Requires sentencing courts to consider the potential harm incarceration could inflict on a child when deciding whether to impose a sentence of imprisonment on a defendant with a minor child.

Updates reporting requirements for the State Commission on Criminal and Juvenile Justice to include specific data on pregnant inmates, inmates who gave birth, and parental status.

TIMELINE

Extends the repeal date of the Correctional Postnatal and Early Childhood Advisory Board from July 1, 2025 to July 1, 2027.

Amended Excerpts 2/6/2025 11:02:547 → Amended 2/6/2025 11:02:547 · 4 edits

MODERATE

This bill amends Utah statutes to require pregnancy testing for female inmates, collect parental information from inmates, and modify the Correctional Postnatal and Early Childhood Advisory Board. The changes expand protections for pregnant and postpartum inmates by mandating systematic testing and data collection.

Scope change

The bill expands the scope to include mandatory pregnancy testing for all female individuals admitted to correctional facilities and requires collection of parental status information from inmates.

REQUIREMENT

Requires Department of Corrections and county jails to test each female individual admitted to a correctional facility for pregnancy

Requires Department of Corrections and county jails to collect parental information from inmates, including whether they are parents to minor children and details about those children

Amends Correctional Postnatal and Early Childhood Advisory Board membership and extends its repeal date

ENFORCEMENT

Updates reporting requirements to include number of known pregnant inmates and number of inmates who are parents to minor children

Introduced → Amended Excerpts 2/6/2025 11:02:547 · 7 edits

MODERATE

This bill expands pregnancy testing requirements for female inmates in county jails and state prisons, adds parental information collection, and strengthens protections for pregnant inmates regarding restraints. It also modifies the Correctional Postnatal and Early Childhood Advisory Board membership and extends its repeal date.

Scope change

The bill now applies pregnancy testing requirements to county jails (previously only state facilities) and adds parental information collection requirements for both county and state facilities.

REQUIREMENT

Expanded pregnancy testing requirement to include all female inmates in county jails, not just state facilities, and added parental information collection for both county and state facilities.

Added requirement for county jails to report number of pregnant inmates and parents to the State Commission on Criminal and Juvenile Justice.

Modified restraints policy to prohibit shackles, leg restraints, and waist restraints during third trimester, labor, childbirth, or postpartum recovery for all correctional facilities.

Added requirement for sentencing courts to consider family impact statements and specific factors when sentencing parents of minor children.

TIMELINE

Extended the repeal date of the Correctional Postnatal and Early Childhood Advisory Board from July 1, 2025 to July 1, 2027.

ELIGIBILITY

Changed Advisory Board membership to include four individuals appointed by the Department of Health and Human Services instead of two.

TECHNICAL

Updated cross-references in reporting requirements from 64-13-45(2)(d) and (e) to 64-13-45(f) and (g) to align with new reporting categories.

Substitute #1 → Substitute #2 · 9 edits

MAJOR

This bill updates Utah laws to improve protections and support for pregnant and postpartum inmates, including requirements for pregnancy testing, parental information collection, and reporting. It also modifies rules around transgender inmate housing assignments and expands the membership of an advisory board focused on early childhood development in correctional settings.

Scope change

The bill expands requirements to apply to both the Department of Corrections and county jails, ensuring consistent treatment across all correctional facilities in the state.

REQUIREMENT

Requires all female inmates to be tested for pregnancy upon admission or within a reasonable time after admission to correctional facilities.

Mandates collection of parental information from all inmates, including the number and ages of minor children.

Updates reporting requirements to include the number of pregnant inmates and parents of minor children in custody.

Revises transgender inmate housing assignment procedures to include individualized security analyses before assigning inmates to living areas that do not match their biological sex at birth.

Amends the advisory board membership to include representatives from the Department of Health and Human Services, including pediatric healthcare providers and advocates for incarcerated women.

Requires courts to consider the potential harm to minor children when determining sentences for defendants who are parents.

Allows defendants who are parents of minor children to present family impact statements at sentencing hearings.

DEFINITION

Adds 'transgender inmate' as a defined term in correctional facility statutes.

TIMELINE

Extends the repeal date of the Correctional Postnatal and Early Childhood Advisory Board from July 1, 2025 to July 1, 2027.

Pregnant and Postpartum Inmate Amendments

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