UtahUtah law sets care and restraint rules for pregnant inmates
Utah law provides pregnant inmates and new parents with access to social work and postpartum care, and limits when correctional staff may use restraints.
What it does
County jails and the Department of Corrections report yearly counts of inmates known to be pregnant, parents of minor children, or restrained after giving birth.
Staff may restrain an inmate during late pregnancy, labor, birth, or the 12 weeks after birth only for specific serious safety or escape risks. Shackles, leg restraints, and waist restraints are barred.
Pregnant inmates and those who gave birth within the past 12 weeks have access to a social worker for family and treatment planning. A health care provider may set postpartum care for up to 12 weeks.
Argument forSocial work and postpartum care may help new parents plan for childcare, family reunification, and treatment when needed.
Argument againstStaff may have fewer restraint options when they face an immediate safety threat or an escape risk that other means cannot reasonably reduce.
More detail
County jails and the Department of Corrections report specified inmate counts to the state commission. The duty covers county jails and the Department of Corrections. Reports include counts of inmates known to be pregnant and inmates who are parents of minor children. Reports also count inmates who gave birth and were restrained, including the restraint types and reasons. Reports are due before June 15 each year and cover the preceding calendar year.
Correctional staff may use restraints during the third trimester, labor, childbirth, or postpartum recovery only after an individualized finding of specific serious risks. These rules apply in the third trimester, during labor or childbirth, and throughout the 12 weeks after giving birth. Staff must find compelling grounds to believe the inmate poses an immediate, serious risk of harm or a substantial risk of escape that other available means cannot reasonably reduce. Shackles, leg restraints, and waist restraints are barred during these periods, even when other restraints may be allowed. Postpartum recovery lasts 12 weeks after the day the inmate gives birth.
Correctional facilities provide access to a social worker and postpartum care. Social worker access is for inmates who are pregnant or gave birth within the past 12 weeks. Postpartum care is for inmates in postpartum recovery. A social worker helps with childcare, family reunification, and a substance abuse treatment plan if needed. A health care provider determines the length of postpartum care, up to 12 weeks. The 12-week postpartum period begins on the day of birth.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 26Governor Spencer Cox SignedBecame Law
- Mar 3House/ to GovernorTo Governor
- Mar 3House/ received enrolled bill from PrintingMinor
- Feb 25House/ enrolled bill to Printing
- Feb 25Enrolled Bill Returned to House or SenateMinor
- Feb 24Draft of Enrolled Bill Prepared
- Feb 24Bill Received from House for EnrollingMinor
- Feb 20House/ signed by Speaker/ sent for enrollingMajor
- Vote recorded Senate/ passed 3rd reading. Result: pass.Upper
- Feb 20House/ received from SenateMinor
- Feb 20Senate/ to House
- Feb 20Senate/ signed by President/ returned to HouseMajor
- Feb 20Senate/ passed 3rd readingPassed Senate
- Feb 20Senate/ 3rd readingMinor
- Feb 19Senate/ passed 2nd readingMinor
- Vote recorded Senate/ passed 2nd reading. Result: pass.Upper
- Feb 19Senate/ uncircled
- Feb 19Senate/ circled
- Feb 19Senate/ 2nd readingMinor
- Feb 17Senate/ placed on 2nd Reading Calendar
- Feb 17Senate/ committee report favorable [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Minor
- Feb 17Senate Comm - Favorable Recommendation [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Minor
- Feb 13Senate/ to standing committee [Senate Judiciary, Law Enforcement, and Criminal Justice Committee]Minor
- Feb 12Senate/ 1st reading (Introduced)Minor
- Feb 11Senate/ received from HouseMinor
- Feb 10House/ to Senate
- Vote recorded House/ passed 3rd reading. Result: pass.Lower
- Feb 10House/ passed 3rd readingPassed House
- Feb 10House/ 3rd readingMinor
- Feb 3House/ 2nd readingMinor
- Feb 3House/ comm rpt/ amended [House Law Enforcement and Criminal Justice Committee]Major
- Feb 2House Comm - Favorable Recommendation [House Law Enforcement and Criminal Justice Committee]Minor
- Feb 2House Comm - Amendment Recommendation [House Law Enforcement and Criminal Justice Committee]Minor
- Jan 22House/ to standing committee [House Law Enforcement and Criminal Justice Committee]Minor
- Jan 20House/ 1st reading (Introduced)Minor
- Jan 20House/ received fiscal note from Fiscal AnalystMinor
- Jan 17LFA/ fiscal note publicly available for HB0122
- Jan 17LFA/ fiscal note sent to sponsor for HB0122
- Jan 14House/ received bill from Legislative ResearchMinor
- 2025
- Dec 30LFA/ bill sent to agencies for fiscal input for HB0122
- Dec 30LFA/ bill assigned to staff for fiscal analysis for HB0122
- Dec 30Numbered Bill Publicly Distributed
- Dec 30Bill Numbered but not DistributedIntroduced
Criminal JusticeHealthcare