(1) As used in this part:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 64-13-46.1

  • Correctional facility: means any facility operated to house offenders in a secure or nonsecure setting:
         (4)(a) by the department; or
         (4)(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
  • Executive director: means the executive director of the Department of Corrections. See Utah Code 64-13-1
  • Inmate: means an individual who is:
         (12)(a) committed to the custody of the department; and
         (12)(b) housed at a correctional facility or at a county jail at the request of the department. See Utah Code 64-13-1
  • Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
  • Quorum: The number of legislators that must be present to do business.
     (1)(a) “Advisory board” means the Correctional Postnatal and Early Childhood Advisory Board.
     (1)(b) “Correctional facility” means a facility operated by the department or a county sheriff that houses inmates in a secure setting.
     (1)(c) “Incarcerated mother” means an inmate who:

          (1)(c)(i) has recently given birth before entering a correctional facility;
          (1)(c)(ii) is pregnant and incarcerated in a correctional facility; or
          (1)(c)(iii) has given birth while incarcerated in a correctional facility.
(2) The advisory board shall consist of the following members:

     (2)(a) two individuals from the department, appointed by the executive director;
     (2)(b) one individual appointed by the Board of Pardons and Parole;
     (2)(c) one individual appointed by the president of the Utah Sheriffs’ Association; and
     (2)(d) four individuals appointed by the executive director of the Department of Health and Human Services, including:

          (2)(d)(i) two pediatric healthcare providers;
          (2)(d)(ii) one individual with expertise in early childhood development; and
          (2)(d)(iii) one individual with experience advocating for incarcerated women.
(3)

     (3)(a) Except as provided in Subsection (3)(b), a member of the advisory board shall be appointed for a four-year term.
     (3)(b) A member that is appointed to complete an unexpired term may complete the unexpired term and serve a subsequent four-year term.
     (3)(c) Appointments and reappointments may be staggered so that one-fourth of the advisory board changes each year.
     (3)(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:

     (6)(a) Section 63A-3-106;
     (6)(b) Section 63A-3-107; and
     (6)(c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
(7) The advisory board shall:

     (7)(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;
     (7)(b) study the costs of implementing a diversion program for infants and incarcerated mothers removed from a correctional facility;
     (7)(c) create a provisional plan for implementing a diversion program for infants and incarcerated mothers removed from a correctional facility; and
     (7)(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:

     (8)(a) the Law Enforcement and Criminal Justice Interim Committee; and
     (8)(b) the Executive Offices and Criminal Justice Appropriations Subcommittee.