House passes HB 252 restricting certain medical treatments and housing placements for people in custody

The Utah House on February 3 passed 1st substitute HB 252, “state custody amendments,” sending the bill to the Senate by a vote of 60 yes to 14 no. Representative Lisenby, the bill sponsor, said the measure seeks to limit certain medical procedures and clarify housing and conduct rules for people in state and local custody.

The bill matters because it changes what medical care and housing decisions correctional facilities may provide or approve for people in custody, including juveniles. Supporters said the measure protects security and averts taxpayer-funded, irreversible medical procedures while people are detained; opponents warned the language could create safety issues and prompt litigation.

HB 252, as described on the House floor, does three principal things. First, it makes it unlawful for juvenile detention center staff to have sexual relations with a person in juvenile custody up to age 25; sponsors said current law did not criminalize such conduct after age 21. Second, the bill requires assignment of housing in county jails, state prisons and juvenile secure facilities based on a person’s biological sex, using the definition adopted previously in SB 18. Third, it prohibits initiation of cross-sex hormone treatment, surgeries to alter primary or secondary sex characteristics, and (as added by amendment) puberty-inhibiting drug treatment while a person is in custody.

Representative Lisenby, speaking as sponsor, summarized the bill on the floor: “HB 252 does 3 things… we are just prohibiting the ones that I named in my presentation.” The sponsor told colleagues the prohibition on certain treatments extends to state prison, county jails and juvenile facilities and that the bill includes language directing health and corrections officials to provide psychotherapy and other appropriate mental-health care for people with gender dysphoria.

Opponents raised concerns about safety, administrative discretion and potential litigation. Representative Miller said he appreciated parts of the bill but added, “I do worry about the other components of the bill,” citing his experience as a public defender and saying that housing placements can expose transgender and gender-diverse juveniles to harassment or violence. Miller urged more careful consideration of how placement rules would affect vulnerable youth.

Representative Peck voiced support, saying facilities should focus on the reason a youth is detained and avoid medical decisions as part of detention care: “the best thing that you can do is face the problem that they're there for.” Representative Romero and Representative Shelley also spoke during debate; Shelley noted court decisions vary and said legislative clarification can help the judiciary.

An amendment to add puberty-inhibiting drug treatment for minors to the list of prohibited interventions in juvenile detention was offered by Representative Lisenby as House Amendment 1. That amendment was adopted on a voice vote before final passage of the 1st substitute.

Supporters told the House the bill incorporates prior legislative language (they cited SB 18) to define biological sex for housing decisions and that corrections agencies will still be expected to address mental-health needs. Representative Lisenby said discussions with DHHS (Department of Health and Human Services) and corrections informed the measure and that it directs psychotherapy and appropriate mental-health treatments even while some medical procedures remain prohibited.

The bill passed 60-14 and will move to the Utah Senate for consideration.

Votes at a glance: 1st substitute HB 252 — passed 60 yes, 14 no.