Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 260 (2017GS)

Sponsor

Rep. Redd, E.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• provides drug or alcohol detoxification procedures as an alternative to bail requirements; and
• makes technical changes.

Every vote on this bill

Bill text

DRUG AND ALCOHOL TREATMENT RELATED TO BAIL
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Edward H. Redd
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions related to court actions and drug and alcohol treatment.
Highlighted Provisions:
This bill:
▸ provides drug or alcohol detoxification procedures as an alternative to bail
requirements; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-18a-1
, as last amended by Laws of Utah 2016, Chapter 234
77-20-1
, as last amended by Laws of Utah 2016, Chapter 234
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-18a-1
 is amended to read:
77-18a-1.
Appeals -- When proper.
(1) A defendant may, as a matter of right, appeal from:
(a) a final judgment of conviction, whether by verdict or plea;
(b) an order made after judgment that affects the substantial rights of the defendant;
(c) an order adjudicating the defendant's competency to proceed further in a pending
prosecution; or
(d) an order denying bail, as provided in Subsection 
77-20-1
[
(8)
]
(9)
.
(2) In addition to any appeal permitted by Subsection (1), a defendant may seek
discretionary appellate review of any interlocutory order.
(3) The prosecution may, as a matter of right, appeal from:
(a) a final judgment of dismissal, including a dismissal of a felony information
following a refusal to bind the defendant over for trial;
(b) a pretrial order dismissing a charge on the ground that the court's suppression of
evidence has substantially impaired the prosecution's case;
(c) an order granting a motion to withdraw a plea of guilty or no contest;
(d) an order arresting judgment or granting a motion for merger;
(e) an order terminating the prosecution because of a finding of double jeopardy or
denial of a speedy trial;
(f) an order granting a new trial;
(g) an order holding a statute or any part of it invalid;
(h) an order adjudicating the defendant's competency to proceed further in a pending
prosecution;
(i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for
Execution, that an inmate sentenced to death is incompetent to be executed;
(j) an order reducing the degree of offense pursuant to Section 
76-3-402
; or
(k) an illegal sentence.
(4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
discretionary appellate review of any interlocutory order entered before jeopardy attaches.
Section 2. Section 
77-20-1
 is amended to read:
77-20-1.
Right to bail -- Denial of bail -- Hearing -- Alternative to bail.
(1) As used in this chapter:
(a) "Bail bond agency" means the same as that term is defined in Section 
31A-35-102
.
(b) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
(c) "Surety insurer" means the same as that term is defined in Section 
31A-35-102
.
(2) A person charged with or arrested for a criminal offense shall be admitted to bail as
a matter of right, except if the person is charged with a:
(a) capital felony, when the court finds there is substantial evidence to support the
charge;
(b) felony committed while on probation or parole, or while free on bail awaiting trial
on a previous felony charge, when the court finds there is substantial evidence to support the
current felony charge;
(c) felony when there is substantial evidence to support the charge and the court finds
by clear and convincing evidence that the person would constitute a substantial danger to any
other person or to the community, or is likely to flee the jurisdiction of the court, if released on
bail; or
(d) felony when the court finds there is substantial evidence to support the charge and
it finds by clear and convincing evidence that the person violated a material condition of
release while previously on bail.
(3) Any person who may be admitted to bail may be released either on the person's own
recognizance or upon posting bail, on condition that the person appear in court for future court
proceedings in the case, and on any other conditions imposed in the discretion of the magistrate
or court that will reasonably:
(a) ensure the appearance of the accused;
(b) ensure the integrity of the court process;
(c) prevent direct or indirect contact with witnesses or victims by the accused, if
appropriate; and
(d) ensure the safety of the public.
(4) (a) As used in this Subsection (4), "predetermined drug or alcohol detoxification
procedure" means a specified procedure to be used in a jail, community treatment facility, or
outpatient community setting to provide drug or alcohol detoxification.
(b) If the conditions of Subsection (4)(c) are met, a prosecutor may offer a person
charged with or arrested for a criminal offense a predetermined drug or alcohol detoxification
procedure as an alternative to posting bail, or as modification of bail or condition of release.
(c) For a prosecutor to offer a predetermined drug or alcohol detoxification procedure:
(i) a licensed health care provider shall opine orally or in writing to the prosecutor that
a predetermined drug or alcohol detoxification procedure is appropriate and recommended for
the individual circumstances of the person who is charged or arrested;
(ii) the prosecutor shall have written documentation that the jail, community treatment
facility, or outpatient community setting has the resources and personnel necessary to safely
implement, monitor, treat, and complete a predetermined drug or alcohol detoxification
procedure;
(iii) the jail, community treatment facility, or outpatient treatment setting shall agree to
accept and treat the person using a predetermined drug or alcohol detoxification procedure; and
(iv) the person charged with or arrested for a criminal offense shall give written
informed consent for treatment using a predetermined drug or alcohol detoxification procedure.
(d) After a person charged with or arrested for a criminal offense starts or completes
the recommended predetermined drug or alcohol detoxification procedure, the court or
magistrate may release the person on the person's own recognizance or with other terms and
conditions, including additional recommended treatments and interventions.
(e) A prosecutor may not require or coerce a person charged or arrested for a criminal
offense to participate in a predetermined drug or alcohol detoxification procedure under this
Subsection (4).
[
(4)
] 
(5)
 (a) Except as otherwise provided, the initial order denying or fixing the
amount of bail shall be issued by the magistrate or court issuing the warrant of arrest.
(b) A magistrate may set bail upon determining that there was probable cause for a
warrantless arrest.
(c) A bail commissioner may set bail in a misdemeanor case in accordance with
Sections 
10-3-920
 and 
17-32-1
.
(d) A person arrested for a violation of a jail release agreement or jail release order
issued pursuant to Section 
77-36-2.5
:
(i) may not be released before the accused's first judicial appearance; and
(ii) may be denied bail by the court under Subsection 
77-36-2.5
(8) [
or (12)
].
[
(5)
] 
(6)
 The magistrate or court may rely upon information contained in:
(a) the indictment or information;
(b) any sworn probable cause statement;
(c) information provided by any pretrial services agency; or
(d) any other reliable record or source.
[
(6)
] 
(7)
 (a) A motion to modify the initial order may be made by a party at any time
upon notice to the opposing party sufficient to permit the opposing party to prepare for hearing
and to permit any victim to be notified and be present.
(b) Hearing on a motion to modify may be held in conjunction with a preliminary
hearing or any other pretrial hearing.
(c) The magistrate or court may rely on information as provided in Subsection [
(5)
] 
(6)
and may base its ruling on evidence provided at the hearing so long as each party is provided
an opportunity to present additional evidence or information relevant to bail.
[
(7)
] 
(8)
 Subsequent motions to modify bail orders may be made only upon a showing
that there has been a material change in circumstances.
[
(8)
] 
(9)
 An appeal may be taken from an order of any court denying bail to the
Supreme Court, which shall review the determination under Subsection (2).
[
(9)
] 
(10)
 For purposes of this section, any arrest or charge for a violation of Section
76-5-202
, Aggravated murder, is a capital felony unless:
(a) the prosecutor files a notice of intent to not seek the death penalty; or
(b) the time for filing a notice to seek the death penalty has expired and the prosecutor
has not filed a notice to seek the death penalty.
Legislative Review Note
Office of Legislative Research and General Counsel