Utah Code 64-13-46.5. Correctional facility nursery

(1)

As used in this section:

Terms Used In Utah Code 64-13-46.5

Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
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
(a)	“Incarcerated mother” means an inmate who gives birth after entering the department’s custody.

(b)	“Violent felony” means the same as that term is defined in Section 76-3-203.5.

(2)

If, using existing appropriations, the department creates a nursery in a correctional facility to provide space for incarcerated mothers and infants, the department may not:

(a)	subject to Subsection (4)(a)(i), provide space in a nursery for an infant 19 months old or older;

(b)	begin or continue operating the nursery unless the Department of Health and Human Services certifies that the nursery is in compliance with the rules established under Section 26B-1-434; or

(c)	subject to Subsection (4)(a)(ii), provide space in a nursery established by the department for an incarcerated mother who has been convicted of, or has charges pending for, a violent felony, including attempt, solicitation, or conspiracy to commit the violent felony.

(3)	If the department establishes a nursery under Subsection (2), the department shall ensure that at least one administrator of the nursery has experience or training in early childhood development.

(4)

The department may:

(a)

in accordance with Section 26B-1-434, request that the Correctional Postnatal and Early Childhood Advisory Board authorize:

(i)	an infant who is 24 months old or younger to remain in a nursery; or

(ii)	an incarcerated mother who has committed a violent felony to be provided space in a nursery; and

(b)	make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the eligibility requirements for an incarcerated mother to enter any nursery established by the department.

Enacted by Chapter 420, 2023 General Session

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