26B-1-434. Correctional Postnatal and Early Childhood Advisory Board — Duties — Rulemaking.
| (1) |
As used in this part:
Terms Used In Utah Code 26B-1-434- Advisory board: means the Correctional Postnatal and Early Childhood Advisory Board. See Utah Code 26B-1-434
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Incarcerated mother: means the same as that term is defined in Section 64-13-46. See Utah Code 26B-1-434
- Quorum: The number of legislators that must be present to do business.
| (a) |
“Advisory board” means the Correctional Postnatal and Early Childhood Advisory Board. |
| (b) |
“Incarcerated mother” means the same as that term is defined in Section 64-13-46.5. |
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| (2) |
The advisory board shall consist of the following members:
| (a) |
two individuals from the Department of Corrections, appointed by the executive director of the Department of Corrections; |
| (b) |
one individual appointed by the Board of Pardons and Parole; and |
| (c) |
six individuals appointed by the executive director of the department, including:
| (i) |
two individuals from the department with experience in child care licensing; |
| (ii) |
two pediatric healthcare providers; |
| (iii) |
one individual with expertise in early childhood development; and |
| (iv) |
one individual with experience advocating for incarcerated women. |
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| (3) |
| (a) |
Except as provided in Subsection (3)(b), a member of the advisory board shall be appointed for a four-year term. |
| (b) |
A member that is appointed to complete an unexpired term may complete the unexpired term and serve a subsequent four-year term. |
| (c) |
Appointments and reappointments may be staggered so that one-fourth of the advisory board changes each year. |
| (d) |
The advisory board shall annually elect a chair and co-chair of the board from among the members of the board to serve a two-year term. |
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| (4) |
The advisory board shall meet at least bi-annually, or more frequently as determined by the executive director, the chair, or three or more members of the advisory board. |
| (5) |
A majority of the board constitutes a quorum and a vote of the majority of the members present constitutes an action of the advisory board. |
| (6) |
A member of the advisory board may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses as allowed in:
| (c) |
rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. |
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| (7) |
The advisory board shall:
| (a) |
review research regarding childhood development and best practices for infants placed in a nursery located within a secure correctional environment; |
| (b) |
as part of the advisory board’s review of research under Subsection (7)(a), study the benefits of having a nursery for infants and incarcerated mothers located within a secure correctional environment and the benefits of placing an infant or incarcerated mother in a diversion program removed from a secure correctional environment; |
| (c) |
study the costs of implementing a diversion program for infants and incarcerated mothers removed from a secure correctional environment; |
| (d) |
create a provisional plan for implementing a diversion program for infants and incarcerated mothers removed from a secure correctional environment; and |
| (e) |
advise and make recommendations to the department regarding rules and policies for any nursery established by the Department of Corrections to provide space for incarcerated mothers and infants. |
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| (8) |
The advisory board, upon request from the Department of Corrections, may:
| (a) |
after considering the specific circumstances of an infant and the infant’s incarcerated mother, extend the age that qualifies the infant for a nursery under Subsection 64-13-46.5(2) up to 24 months old if:
| (i) |
the extension is in the best interest of the infant; and |
| (ii) |
without the extension the infant would be separated from the incarcerated mother while the incarcerated mother remains in the correctional facility; or |
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| (b) |
allow an incarcerated mother who has committed a violent felony to be provided space in a nursery if it is in the best interest of the incarcerated mother’s infant. |
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| (9) |
On or before November 30, 2024, the advisory board shall provide a report of the advisory board’s research and study under Subsections (7)(a) through (d), including any proposed legislation, to:
| (a) |
the Law Enforcement and Criminal Justice Interim Committee; and |
| (b) |
the Executive Offices and Criminal Justice Appropriations Subcommittee. |
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| (10) |
The department shall:
| (a) |
after receiving recommendations from the advisory board under Subsection (7)(e), adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for certification of a nursery established in a secure correctional environment that address:
| (i) |
the safety of the nursery for infants and incarcerated mothers; |
| (ii) |
the childhood development needs of the infants in the nursery; |
| (iii) |
the specific medical needs of the infants and incarcerated mothers in the nursery; |
| (iv) |
the appropriate needs of the incarcerated mothers in the nursery; and |
| (v) |
any other requirements recommended by the advisory board that the department deems necessary for the nursery; and |
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| (b) |
certify that any nursery established by the Department of Corrections is in compliance with the rules established under this section before the nursery begins operations. |
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| (11) |
The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding corrective action, including closure of a nursery established by the Department of Corrections, if the Department of Corrections fails to comply with the rules established under this section. |
Enacted by Chapter 420, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in SB 38, Chapter 305.
