Prison and Jail Standards Amendments

16
17-72-401
64-13-6
64-13-25
Prison and Jail Standards Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Calvin R. Musselman
LONG TITLE
Committee Note:
The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
Legislative Vote:
10 voting for
0 voting against
6 absent
General Description:
This bill concerns standards and inspections for state correctional facilities and county jails.
Highlighted Provisions:
This bill:
requires a county sheriff to ensure that every county jail under the sheriff's jurisdiction
operates in accordance with a system of independently administered standards and
submits to a regular inspection schedule;
requires the Department of Corrections (department) to ensure that every state
correctional facility under the department's jurisdiction operates in accordance with a
system of independently administered standards and submits to a regular inspection
schedule; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-72-401
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
64-13-6
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
64-13-25
, as last amended by Laws of Utah 2024, Chapter 16
Be it enacted by the Legislature of the state of Utah:
Section 1, Section
17-72-401
is amended to read:
17-72-401. County jails -- Sheriff as keeper -- Contracting with private
contractor.
(1)
The county jail shall be kept by the sheriff and shall be used for:
(a)
the detention of an individual committed to jail to secure the individual's attendance
as a witness in a criminal case;
(b)
the detention of prisoners charged with crime and committed for trial;
(c)
the confinement of prisoners committed for contempt, or upon civil process, or by
other authority of law; and
(d)
the confinement of inmates sentenced to imprisonment upon conviction of crime.
(2)
If the county executive contracts with a private contractor to manage, maintain, operate,
or construct county jail facilities, the sheriff shall perform whatever obligations are
imposed upon the sheriff by that contract.
(3)
(a)
The sheriff shall ensure that every county jail under the sheriff's jurisdiction:
(i)
operates in accordance with a system of independently administered standards
applicable to jails; and
(ii)
submits to a regular schedule of inspections conducted by an independent
inspector.
(b)
The standards and requirements described in Subsection
(3)(a)
are separate from, and
in addition to, any other standards or requirements for a county jail, including under
Chapter 69, County Auditor.
Section 2, Section
64-13-6
is amended to read:
64-13-6. Department duties.
(1)
The department shall:
(a)
protect the public through institutional care and confinement, and supervision in the
community of offenders where appropriate;
(b)
implement court-ordered punishment of offenders;
(c)
provide evidence-based and evidence-informed program opportunities for offenders
designed to reduce offenders' criminogenic and recidivism risks, including
behavioral, cognitive, educational, and career-readiness program opportunities;
(d)
ensure that offender participation in all program opportunities described in
Subsection
(1)(c)
is voluntary;
(e)
where appropriate, utilize offender volunteers as mentors in the program
opportunities described in Subsection
(1)(c)
;
(f)
provide treatment for sex offenders who are found to be treatable based upon criteria
developed by the department;
(g)
provide the results of ongoing clinical assessment of sex offenders and objective
diagnostic testing to sentencing and release authorities;
(h)
manage programs that take into account the needs and interests of victims, where
reasonable;
(i)
through the Division of Adult Probation and Parole created in Section
64-14-202
,
supervise probationers and parolees as directed by statute and implemented by the
courts and the Board of Pardons and Parole;
(j)
subject to Subsection
(2)
, investigate criminal conduct involving offenders
incarcerated in a state correctional facility;
(k)
cooperate and exchange information with other state, local, and federal law
enforcement agencies to achieve greater success in prevention and detection of crime
and apprehension of criminals;
(l)
implement the provisions of Title
77, Chapter 28c
, Interstate Compact for Adult
Offender Supervision;
(m)
establish a case action plan based on appropriate validated risk, needs, and
responsivity assessments for each offender as follows:
(i)
(A)
if an offender is to be supervised in the community, the department shall
establish a case action plan for the offender no later than 60 days after the day
on which the department's community supervision of the offender begins; and
(B)
if the offender is committed to the custody of the department, the department
shall establish a case action plan for the offender no later than 90 days after the
day on which the offender is committed to the custody of the department;
(ii)
each case action plan shall:
(A)
integrate an individualized, evidence-based, and evidence-informed treatment
and program plan with clearly defined completion requirements; and
(B)
require that a case manager will:
(I)
ensure that an assessment of the education level, occupational interests, and
aptitudes of the inmate has been completed;
(II)
refer the inmate to a higher education student advisor at an institution
offering programs consistent with the inmate's interests and aptitudes for
advisement on educational preferences and plans;
(III)
incorporate the inmate's interests, aptitudes, and student advisement into
an education plan consistent with the guidance provided by the Higher
Education and Corrections Council created in Section
53H-1-604
; and
(IV)
refer the inmate to the student advisor at the institution called for in the
case action plan for guidance and assistance with the education process;
(iii)
the department shall share each newly established case action plan with the
sentencing and release authority within 30 days after the day on which the case
action plan is established; and
(iv)
the department shall share any changes to a case action plan, including any
change in an offender's risk assessment, with the sentencing and release authority
within 30 days after the day of the change;
(n)
ensure that an inmate has reasonable access to legal research;
(o)
ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section
63G-22-102
, complies with Title
63G, Chapter 22
, State Training and Certification Requirements, if the training or
certification is required:
(i)
under this title;
(ii)
by the department; or
(iii)
by an agency or division within the department;
(p)
when reporting on statewide recidivism, include the metrics and requirements
described in Section
63M-7-102
;
(q)
create a reentry division that focuses on the successful reentry of inmates into the
community, which shall include:
(i)
screening and assessments for an inmate's risks and needs;
(ii)
individualized plans and case management;
(iii)
quality treatment, education, and job preparation;
(iv)
community partnerships; and
(v)
comprehensive release planning before the inmate's release, including:
(A)
coordination with support services; and
(B)
coordination with one or more family members or friends, if the inmate has
given permission to contact specific individuals for this purpose;
(r)
coordinate with the Board of Pardons and Parole regarding inmate records that are
necessary for the Board of Pardons and Parole to make necessary determinations
regarding an inmate;
and
(s)
ensure that inmate records regarding discipline, programs, and other relevant metrics
are:
(i)
complete and updated in a timely manner; and
(ii)
when applicable, shared with the Board of Pardons and Parole in a timely manner
.
; and
(t)
ensure that every state correctional facility under the department's jurisdiction:
(i)
operates in accordance with a system of independently administered standards
applicable to state correctional facilities; and
(ii)
submits to a regular schedule of inspections conducted by an independent
inspector.
(2)
In accordance with department policy, the department may conduct criminal
investigations regarding an allegation that:
(a)
an offender has committed a criminal offense; or
(b)
an employee of the department has committed a criminal offense.
(3)
(a)
The executive director of the department, or the executive director's designee if
the designee possesses expertise in correctional programming, shall consult at least
annually with cognitive and career-readiness staff experts from the Utah
system of
higher education
System of Higher Education
and the State Board of Education to
review the department's evidence-based and evidence-informed treatment and
program opportunities.
(b)
Beginning in the 2022 interim, the department shall provide an annual report to the
Law Enforcement and Criminal Justice Interim Committee regarding:
(i)
the department's implementation of and offender participation in evidence-based
and evidence-informed treatment and program opportunities designed to reduce
the criminogenic and recidivism risks of offenders over time; and
(ii)
the progress of the department's implementation of the inmate program
requirements described in Section
64-13-50
.
(4)
(a)
As used in this Subsection
(4)
:
(i)
"Accounts receivable" means any amount owed by an offender arising from a
criminal judgment that has not been paid.
(ii)
"Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
surcharges, costs, interest, penalties, restitution to victims, third-party claims,
claims, reimbursement of a reward, and damages that an offender is ordered to
pay.
(b)
The department shall collect and disburse, with any interest and any other costs
assessed under Section
64-14-204
, an accounts receivable for an offender during:
(i)
the parole period and any extension of that period in accordance with Subsection
(4)(c)
; and
(ii)
the probation period for which the court orders supervised probation and any
extension of that period by the department in accordance with Subsection
77-18-105(7)
.
(c)
(i)
If an offender has an unpaid balance of the offender's accounts receivable at the
time that the offender's sentence expires or terminates, the department shall be
referred to the sentencing court for the sentencing court to enter a civil judgment
of restitution and a civil accounts receivable as described in Section
77-18-114
.
(ii)
If the board makes an order for restitution within 60 days from the day on which
the offender's sentence expires or terminates, the board shall refer the order for
restitution to the sentencing court to be entered as a civil judgment of restitution as
described in Section
77-18-114
.
(d)
This Subsection
(4)
only applies to offenders sentenced before July 1, 2021.
(5)
(a)
The department may procure or adopt technology services to facilitate the
coordination of services and enhance accountability with agencies, local partners, and
community-based organizations that are involved with assisting individuals on
probation or parole.
(b)
If possible, the technology services described in Subsection
(5)(a)
shall:
(i)
maintain a single, secure client record with a unique identifier to ensure seamless
coordination and reduce duplication of services;
(ii)
notify authorized users of incoming service requests or referrals;
(iii)
provide secure access to information necessary to understanding and addressing
the needs of an individual, including the individual's service and care history;
(iv)
allow authorized users to exchange information with referring or collaborating
organizations through a secure and live chat feature; and
(v)
send and track individual referrals, store referral outcomes, and document
services provided.
Section 3, Section
64-13-25
is amended to read:
64-13-25. Standards for programs -- Audits.
(1)
(a)
To promote accountability and to ensure safe and professional operation of
correctional programs, the department shall establish minimum standards for the
organization and operation of the department's programs, including collaborating
with the Department of Health and Human Services to establish minimum standards
for programs providing assistance for individuals involved in the criminal justice
system.
(b)
(i)
The department shall promulgate the standards according to state rulemaking
provisions.
(ii)
Those standards that apply to offenders are exempt from the provisions of Title
63G, Chapter 3
, Utah Administrative Rulemaking Act.
(iii)
Offenders are not a class of persons under Title
63G, Chapter 3
, Utah
Administrative Rulemaking Act.
(c)
The standards shall provide for inquiring into and processing offender complaints.
(d)
(i)
The department shall establish minimum standards and qualifications for
treatment programs provided in county jails to which persons committed to the
state prison are placed by jail contract under Section
64-13e-103
.
(ii)
In establishing the standards and qualifications for the treatment programs, the
department shall:
(A)
consult and collaborate with the county sheriffs and the Office of Substance
Use and Mental Health; and
(B)
include programs demonstrated by recognized scientific research to reduce
recidivism by addressing an offender's criminal risk factors as determined by a
risk and needs assessment.
(iii)
All jails contracting to house offenders committed to the state prison shall meet
the minimum standards for treatment programs as established under this
Subsection
(1)(d)
.
(e)
(i)
The department shall establish minimum standards for sex offense treatment,
which shall include the requirements under Subsection
64-13-7.5(3)
regarding
licensure and competency.
(ii)
The standards shall require the use of evidence-based practices to address
criminal risk factors as determined by validated assessments.
(iii)
The department shall collaborate with the Office of Substance Use and Mental
Health to develop and effectively distribute the standards to jails and to mental
health professionals who desire to provide mental health treatment for sex
offenders.
(iv)
The department shall establish the standards by administrative rule in accordance
with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act.
(2)
(a)
The department shall establish a certification process for public and private
providers of treatment for sex offenders on probation or parole that requires the
providers' sex offense treatment practices meet the standards and practices
established under Subsection
(1)(e)(i)
with the goal of reducing sex offender
recidivism.
(b)
The department shall collaborate with the Office of Substance Use and Mental
Health to develop, coordinate, and implement the certification process.
(c)
The department shall base the certification process on the standards under Subsection
(1)(e)(i)
and require renewal of certification every two years.
(d)
All public and private providers of sex offense treatment, including those providing
treatment to offenders housed in county jails by contract under Section
64-13e-103
,
shall comply with the standards in order to begin receiving or continue receiving
payment from the department to provide sex offense treatment.
(e)
The department shall establish the certification program by administrative rule in
accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act.
(3)
The department:
(a)
shall establish performance goals and outcome measurements for all programs that
are subject to the minimum standards established under this section and collect data
to analyze and evaluate whether the goals and measurements are attained;
(b)
shall collaborate with the Office of Substance Use and Mental Health to develop and
coordinate the performance goals and outcome measurements, including recidivism
rates and treatment success and failure rates;
(c)
may use the data collected under Subsection
(3)(b)
to make decisions on the use of
funds to provide treatment for which standards are established under this section;
(d)
shall collaborate with the Office of Substance Use and Mental Health to track a
subgroup of participants to determine if there is a net positive result from the use of
treatment as an alternative to incarceration;
(e)
shall collaborate with the Office of Substance Use and Mental Health to evaluate the
costs, including any additional costs, and the resources needed to attain the
performance goals established for the use of treatment as an alternative to
incarceration; and
(f)
shall annually provide data collected under this Subsection
(3)
to the State
Commission on Criminal and Juvenile Justice on or before August 31.
(4)
The State Commission on Criminal and Juvenile Justice shall compile a written report
of the findings based on the data collected under Subsection
(3)
and provide the report to
the legislative Judiciary Interim Committee, the Health and Human Services Interim
Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
related appropriations subcommittees.
(5)
The standards and requirements under this section are separate from, and in addition to,
the system of standards for state correctional facilities described in Subsection
64-13-6(1)(t)
.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
12-16-25 4:37 PM