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Utah Code § 64-13-46.1

Correctional Postnatal and Early Childhood Advisory Board -- Duties -- Rulemaking

Amended by Chapter 271, 2025 General Session; Amended by Chapter 397, 2025 General Session; Sunset by Section 63I-1-264

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.