2025 Utah Code
Title 64 - State Institutions
Chapter 13 - Department of Corrections - State Prison
Section 46.1 - Correctional Postnatal and Early Childhood Advisory Board -- Duties -- Rulemaking.

Affected by 63I-1-264 on 7/1/2027

• (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.