64-13-46.1. Correctional Postnatal and Early Childhood Advisory Board -- Duties -- Rulemaking.

529 words·~2 min read·/ut/title-64/chapter-13/64-13-46-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)As used in this part:

(a)"Advisory board" means the Correctional Postnatal and Early Childhood Advisory Board.

(b)"Correctional facility" means a facility operated by the department or a county sheriff that houses inmates in a secure setting.

(c)"Incarcerated mother" means an inmate who:

(i)has recently given birth before entering a correctional facility;

(ii)is pregnant and incarcerated in a correctional facility; or

(iii)has given birth while incarcerated in a correctional facility.

(2)The advisory board shall consist of the following members:

(a)two individuals from the department, appointed by the executive director;

(b)one individual appointed by the Board of Pardons and Parole;

(c)one individual appointed by the president of the Utah Sheriffs' Association;

(d)one individual representing the Administrative Office of the Courts appointed by the Judicial Council;

(e)one individual appointed by the Statewide Association of Public Attorneys and Prosecutors;

(f)one individual appointed by the Utah Association of Criminal Defense Lawyers; and

(g)four individuals appointed by the executive director of the Department of Health and Human Services, including:

(i)one pediatric healthcare provider;

(ii)one individual with expertise in early childhood development;

(iii)one individual employed by the Division of Child and Family Services; and

(iv)one individual with experience advocating for incarcerated women.

(3)The advisory board shall annually elect a chair and co-chair of the board from among the members of the board.

(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:

(a)Section 63A-3-106 ;

(b)Section 63A-3-107 ; and

(c)rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107 .

(7)The advisory board shall:

(a)review research regarding childhood development and best practices for placing infants and incarcerated mothers in a diversion program not located in a correctional facility;

(b)study the costs of implementing a diversion program for infants and incarcerated mothers removed from a correctional facility;

(c)create a provisional plan for implementing a diversion program for infants and incarcerated mothers removed from a correctional facility; and

(d)advise and make recommendations to the department and county sheriffs regarding rules and policies for placing an infant or incarcerated mother in a diversion program not located in a correctional facility.

(8)On or before November 30 of each year, the advisory board shall provide a report of the advisory board's research and study under Subsections (7)(a) through

(c), including any proposed legislation, to:

(a)the Law Enforcement and Criminal Justice Interim Committee; and

(b)the Criminal Justice Appropriations Subcommittee.

Amended by Chapter 271 , 2025 General Session

Amended by Chapter 397 , 2025 General Session

Sunset by Section 63I-1-264