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House approves process for courts to address inmates who refuse food or water
Summary
The House passed second substitute House Bill 194 to create a judicial petition-and-hearing process for inmates who refuse nutrition or hydration; sponsor said the measure fills a gap exposed by a recent Salt Lake County death, while supporters stressed mental-health evaluation and opponents sought resources and safeguards.
Representative Derrick Brown, sponsor of second substitute House Bill 194, told the House that the bill responds to a recent Salt Lake County case in which an inmate who refused food and water died and that the measure establishes a consistent procedure ‘‘for when a correctional facility discovers a prisoner refusing food or water’’ and allows a facility to file a petition with the district court for a hearing within two days. Brown said the bill requires a mental-health evaluation before a petition and provides a roadmap that balances constitutional and medical concerns.
The bill’s language, Brown said, acknowledges both that a prisoner has a right to refuse treatment and that courts should weigh whether the prisoner is ‘‘likely to suffer severe harm or death’’ from refusing sufficient nutrition or hydration. He described the drafting process as the product of coordinated work among counties, sheriffs, state correctional facilities, advocacy groups and legal organizations, and urged support for a policy that would protect both inmates and correctional staff.
Representative King questioned whether county jails already had authority to seek court orders in such circumstances; Brown and other supporters said they were not aware of a consistent statutory process and that jurisdictions did not reliably use an established court-based procedure in the Salt Lake County case. King and other members emphasized the need for additional resources and training for counties to manage mentally ill inmates.
Opponents raised constitutional and First Amendment concerns, and members pressed the sponsor on safeguards and how the district court review would operate. Brown and supporters said the bill’s mental-health evaluation, expedited hearing timeline and judicial oversight would reduce ad hoc decision-making and legal vulnerability for facilities.
The House adopted a one-word amendment to strike the word "housed" from line 53 and then voted on the second substitute. Second substitute House Bill 194 received 57 yes votes and 12 no votes, passed the House and will be transmitted to the Senate for further consideration.
