HB 26 Correctional Facility Amendments creates a third degree felony to transport, provide, sell, or possess a communication device at a correctional facility in violation of facility policy. Although this bill was written for the felony offense to target those who bring a cell phone into a correctional facility with the intent to give it to an inmate, it also makes it a class A misdemeanor offense to bring in a cell phone without notifying the correctional facility. There were many concerns from the defense bar that this would penalize attorneys visiting clients who forget to declare their cell phone to the facility. The bill was modified to require clear posting of notices/warnings in correctional facilities. The substitute clarified that cell phones in the parking lot would be excluded.

HB 248 Inmate Amendments deals with inmate programming and how to keep programming consistent when inmates are transferred. We support this bill and its efforts to incentivize inmates to complete programs, and it passed this session.

HB 495 Vulnerable Population Amendments passed. The original version of this bill sought to create the Vulnerable Population Abuse Registry and codify a list of registerable offenses, with misdemeanor offenses subject to a 10-year registration period and felony offenses requiring lifetime registration. The passed version of the bill is substantially different, enacting provisions which require that fingerprints of employees of care facilities be part of a “rap back” criminal history database system to notify the facilities if there is an update to the employee’s criminal history.  It also requires facilities to report all incidents of abuse, neglect, or exploitation to DCFS, Adult Protective Services, or a law enforcement agency.

SB 109 Corrections Amendments passed, which clarifies the roles of county sheriffs and the Department of Corrections regarding the detention of probationers and parolees who have allegedly violated a condition of probation or parole. The bill contains provisions that permit county sheriffs to make findings and, in certain circumstances, conduct hearings. This language caused the defense bar concern, although representatives from the courts have clarified that it is already a part of Utah law.

SB 212 Substance Use Treatment in Correctional Facilities passed, which allows the Department of Corrections to cooperate with medical personnel to provide medication assisted treatment to inmates who had an active medication assisted treatment plan prior to incarceration.