Utah Code 64-13-45. Department reporting requirements

(1)

As used in this section:

Terms Used In Utah Code 64-13-45

Correctional facility: means any facility operated to house offenders in a secure or nonsecure setting:

(a)	by the department; or

(b)

under a contract with the department. See Utah Code 64-13-1

Department: means the Department of Corrections. See Utah Code 64-13-1

Inmate: means an individual who is:

(a)	committed to the custody of the department; and

(b)

housed at a correctional facility or at a county jail at the request of the department. See Utah Code 64-13-1

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(a)

(i)	“In-custody death” means an inmate death that occurs while the inmate is in the custody of the department.

(ii)

“In-custody death” includes an inmate death that occurs while the inmate is:

(A)	being transported for medical care; or

(B)	receiving medical care outside of a correctional facility, other than a county jail.

(b)	“Inmate” means an individual who is processed or booked into custody or housed in the department or a correctional facility other than a county jail.

(c)	“Opiate” means the same as that term is defined in Section 58-37-2.

(2)

The department shall submit a report to the Commission on Criminal and Juvenile Justice, created in Section 63M-7-201, before June 15 of each year that includes:

(a)

the number of in-custody deaths that occurred during the preceding calendar year, including:

(i)	the known, or discoverable on reasonable inquiry, causes and contributing factors of each of the in-custody deaths described in Subsection (2)(a); and

(ii)	the department’s policy for notifying an inmate’s next of kin after the inmate’s in-custody death;

(b)

the department policies, procedures, and protocols:

(i)	for treatment of an inmate experiencing withdrawal from alcohol or substance use, including use of opiates;

(ii)	that relate to the department’s provision, or lack of provision, of medications used to treat, mitigate, or address an inmate’s symptoms of withdrawal, including methadone and all forms of buprenorphine and naltrexone; and

(iii)

that relate to screening, assessment, and treatment of an inmate for a substance use disorder or mental health disorder;

(c)

the number of inmates who gave birth and were restrained in accordance with Section 64-13-46, including:

(i)	the types of restraints used; and

(ii)	whether the use of restraints was to prevent escape or to ensure the safety of the inmate, medical or corrections staff, or the public; and

(d)	any report the department provides or is required to provide under federal law or regulation relating to inmate deaths.

(3)

The Commission on Criminal and Juvenile Justice shall:

(a)	compile the information from the reports described in Subsection (2);

(b)	omit or redact any identifying information of an inmate in the compilation to the extent omission or redaction is necessary to comply with state and federal law ; and

(c)	submit the compilation to the Law Enforcement and Criminal Justice Interim Committee and the Utah Substance Use and Mental Health Advisory Council before November 1 of each year.

(4)	The Commission on Criminal and Juvenile Justice may not provide access to or use the department’s policies, procedures, or protocols submitted under this section in a manner or for a purpose not described in this section.

Amended by Chapter 311, 2019 General Session
Amended by Chapter 385, 2019 General Session

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