(1)  Any involuntary nutrition or hydration of a prisoner pursuant to this chapter shall be conducted under immediate medical supervision and in a medically recognized and acceptable manner.

Terms Used In Utah Code 77-16b-104

  • Correctional facility: means :
(a) a county jail;
(b) a secure correctional facility as defined by Section 64-13-1; or
(c) a secure care facility as defined in Section 80-1-102. See Utah Code 77-16b-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Medical supervision: means under the direction of a licensed physician, physician assistant, or nurse practitioner. See Utah Code 77-16b-102
  • Prisoner: means :
    (a) any individual who is a pretrial detainee or who has been committed to the custody of a sheriff or the Utah Department of Corrections, and who is physically in a correctional facility; and
    (b) any individual who is 18 years old or older and younger than 21 years old, and who has been committed to the custody of the Division of Juvenile Justice Services. See Utah Code 77-16b-102
    (2)  Upon the filing of a petition pursuant to Section 77-16b-102, the court has the continuing jurisdiction to review the prisoner’s need for involuntary nutrition or hydration as long as the prisoner remains in custody of the correctional facility.

    (3)  A correctional facility shall maintain records of any involuntary feeding or hydration of prisoners under this chapter.

    (a)  The records are classified as “controlled” under Section 63G-2-304.

    (b)  All medical or mental health records submitted to the court under this chapter shall be kept under seal.

    Enacted by Chapter 355, 2012 General Session