2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 4 - Boards, Commissions, Councils, and Advisory Committees › Section 434 - Correctional Postnatal and Early Childhood Advisory Board -- Duties -- Rulemaking.

Affected by 63I-1-226 on 7/1/2026
Effective 5/3/2023
26B-1-434.
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) "Incarcerated mother" means the same as that term is defined in Section 64-13-46.5.
(2) The advisory board shall consist of the following members:
(a) two individuals from the Department of Corrections, appointed by the executive director of the Department of Corrections;
(b) one individual appointed by the Board of Pardons and Parole; and
(c) six individuals appointed by the executive director of the department, including:
(i) two individuals from the department with experience in child care licensing;
(ii) two pediatric healthcare providers;
(iii) one individual with expertise in early childhood development; and
(iv) 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 infants placed in a nursery located within a secure correctional environment;
(b) as part of the advisory board's review of research under Subsection (7)(a), study the benefits of having a nursery for infants and incarcerated mothers located within a secure correctional environment and the benefits of placing an infant or incarcerated mother in a diversion program removed from a secure correctional environment;
(c) study the costs of implementing a diversion program for infants and incarcerated mothers removed from a secure correctional environment;
(d) create a provisional plan for implementing a diversion program for infants and incarcerated mothers removed from a secure correctional environment; and
(e) advise and make recommendations to the department regarding rules and policies for any nursery established by the Department of Corrections to provide space for incarcerated mothers and infants.
(8) The advisory board, upon request from the Department of Corrections, may:
(a) after considering the specific circumstances of an infant and the infant's incarcerated mother, extend the age that qualifies the infant for a nursery under Subsection 64-13-46.5(2) up to 24 months old if:
(i) the extension is in the best interest of the infant; and
(ii) without the extension the infant would be separated from the incarcerated mother while the incarcerated mother remains in the correctional facility; or
(b) allow an incarcerated mother who has committed a violent felony to be provided space in a nursery if it is in the best interest of the incarcerated mother's infant.
(9) 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 (d), including any proposed legislation, to:
(a) the Law Enforcement and Criminal Justice Interim Committee; and
(b) the Executive Offices and Criminal Justice Appropriations Subcommittee.
(10) The department shall:
(a) after receiving recommendations from the advisory board under Subsection (7)(e), adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for certification of a nursery established in a secure correctional environment that address:
(i) the safety of the nursery for infants and incarcerated mothers;
(ii) the childhood development needs of the infants in the nursery;
(iii) the specific medical needs of the infants and incarcerated mothers in the nursery;
(iv) the appropriate needs of the incarcerated mothers in the nursery; and
(v) any other requirements recommended by the advisory board that the department deems necessary for the nursery; and
(b) certify that any nursery established by the Department of Corrections is in compliance with the rules established under this section before the nursery begins operations.
(11) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding corrective action, including closure of a nursery established by the Department of Corrections, if the Department of Corrections fails to comply with the rules established under this section.
Enacted by Chapter 420, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in SB 38, Chapter 305.