Utah Code § 64-13-46.1

Current through the 2024 Fourth Special Session
Section 64-13-46.1 - Correctional Postnatal and Early Childhood Advisory Board - Duties - Rulemaking
(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; and
(d) four individuals appointed by the executive director of the Department of Health and Human Services, including:
(i) two pediatric healthcare providers;
(ii) one individual with expertise in early childhood development; and
(iii) one individual with experience advocating for incarcerated women.
(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.
(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, 2024, 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 Executive Offices and Criminal Justice Appropriations Subcommittee.

Utah Code § 64-13-46.1

Renumbered from § 26B1-434 by Chapter 182, 2024 General Session ,§ 5, eff. 5/1/2024.
Added by Chapter 420, 2023 General Session ,§ 2, eff. 5/3/2023, technically renumbered.

Affected by 63I-1-226 on 7/1/2026