(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.
Amended by Chapter 271, 2025 General Session