Detention Facility Amendments

58
26B-1-244
63G-34-101
63G-34-102
0
Detention Facility Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
Senate Sponsor:
LONG TITLE
General Description:
This bill concerns detention facilities.
Highlighted Provisions:
This bill:
defines terms;
requires the Department of Health and Human Services (department) to:
adopt rules for private detention facilities;
inspect private detention facilities; and
provide enforcement;
requires a civil detention facility to comply with the department's rules for private
detention facilities; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
26B-1-244
, Utah Code Annotated 1953
63G-34-101
, Utah Code Annotated 1953
63G-34-102
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-1-244
is enacted to read:
26B-1-244
. Private civil detention facility requirements.
(1)
As used in this section:
(a)
"Detained individual" means an individual confined in a private detention facility.
(b)
(i)
"Detention facility" means a facility in which an individual is involuntarily
confined.
(ii)
"Detention facility" does not include a prison, jail, or other location in which an
individual is involuntarily held as a consequence of, or based on a charge of
committing, a criminal offense.
(c)
"Private detention facility" means a detention facility that is operated:
(i)
by a private, nongovernmental entity; and
(ii)
under a contract or agreement with a federal, state, or local government entity.
(2)
The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish requirements for private detention facilities
regarding:
(a)
sanitary, hygienic, and safe conditions for detained individuals;
(b)
inspections; and
(c)
enforcement of this section and the rules created under this section.
(3)
The rules described in Subsection
(2)
shall include rules to ensure that a private
detention facility provides:
(a)
a safe, clean, and comfortable environment for a detained individual;
(b)
living areas, including areas used for sleeping, recreation, dining,
telecommunications, visitation, and bathrooms, that are cleaned and sanitized
regularly;
(c)
basic personal hygiene items at no cost;
(d)
a nutritious and balanced diet, including fresh fruits and vegetables and provisions
for special dietary restrictions;
(e)
proper food handling and hygiene practices;
(f)
at least three meals per day, at no cost, and at reasonable hours;
(g)
an infection control program that prevents the transmission of infections and
communicable disease among detained individuals, staff, and visitors;
(h)
ready access and equipment to accommodate detained individuals with physical and
mental disabilities;
(i)
adequate lighting in all areas;
(j)
an adequate supply of hot and cold running water at all plumbing fixtures used by
detained individuals;
(k)
a readily available telephone for detained individuals to make and receive
confidential calls;
(l)
a nonpay telephone or equivalent communication device readily accessible on each
floor occupied by a detained individual for emergency use;
(m)
a visiting area allowing privacy for detained individuals and visitors;
(n)
written policies and procedures consistent with:
(i)
assuring the rights of detained individuals;
(ii)
protecting against abuse and neglect; and
(iii)
reporting suspected incidents;
(o)
sufficient, qualified staff to:
(i)
provide adequate services to detained individuals;
(ii)
maintain the facility free of safety hazards; and
(iii)
implement fire, earthquake, and other disaster plans; and
(p)
orientation and appropriate training for all staff, including:
(i)
fire and disaster plans;
(ii)
infection control;
(iii)
rights of detained individuals; and
(iv)
protecting against abuse and neglect.
(4)
The department:
(a)
may at any time inspect a private detention facility to determine whether the private
detention facility is in compliance with the requirements of this section, the rules
adopted under this section, or other applicable state or federal statutes or rules
regulating the private detention center; and
(b)
shall:
(i)
conduct routine, unannounced inspections of private detention facilities, including
inspection of:
(A)
food service and food handling;
(B)
sanitation and hygiene; and
(C)
the safety of detained individuals;
(ii)
conduct investigations of complaints received relating to a private detention
facility located within the state; and
(iii)
post inspection results:
(A)
on the department's website and in a conspicuous place viewable by detained
individuals and visitors to a private detention facility; and
(B)
in English and, to the extent practicable, in the languages spoken by the
detained individuals at the private detention facility.
(5)
(a)
If the department conducts an inspection of a private detention facility and finds
that the private detention facility is in violation of this section or a rule adopted under
this section, the department may, in accordance with Title 63G, Chapter 4,
Administrative Procedures Act:
(i)
impose reasonable conditions on the private detention facility, which may include:
(A)
correction within a specified amount of time;
(B)
training; or
(C)
hiring a consultant approved by the department if the private detention facility
cannot demonstrate that the private detention facility has access to sufficient
internal expertise; or
(ii)
assess a civil fine of up to $10,000 per violation, not to exceed a total fine of
$1,000,000, on a private detention facility if the private detention facility:
(A)
has previously been subject to an enforcement action for the same or similar
type of violation;
(B)
has been given any previous statement of deficiency that included the same or
similar type of violation; or
(C)
has failed to correct noncompliance with a violation by a date established or
agreed to by the department.
(b)
A private detention facility may appeal a determination under Subsection
(5)(a)
in
accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(6)
This section does not apply to a private detention facility that is licensed or regulated
under another provision of this title.
Section 2. Section
63G-34-101
is enacted to read:
34. Requirements for Private Civil Detention Facilities
63G-34-101
. Definitions.
(1)
(a)
"Civil detention facility" means a facility in which an individual is involuntarily
held while awaiting:
(i)
a legal proceeding concerning a civil immigration violation;
(ii)
a civil immigration enforcement proceeding; or
(iii)
a transfer to a different civil detention facility.
(b)
"Civil detention facility" does not include a prison, jail, or other location in which an
individual is involuntarily held:
(i)
as a consequence of, or based on a charge of committing, a criminal offense; or
(ii)
as part of an involuntary commitment.
(2)
"Private civil detention facility" means a
civil detention facility that is operated:
(a)
by a private, nongovernmental entity; and
(b)
under a contract or agreement with a federal, state, or local government entity.
Section 3. Section
63G-34-102
is enacted to read:
63G-34-102
. Requirements for private civil detention facilities.
A private civil detention facility shall comply with:
(1)
Section
26B-1-244
; and
(2)
administrative rules adopted in accordance with Section
26B-1-244
.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-18-26 9:20 AM