Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 452 (2020GS)

Sponsor

Rep. Perry, L.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• clarifies that parole or probation officers that work for local law enforcement agencies may issue 72 hour holds for probation violations under certain circumstances;
• requires that local law enforcement agencies notify the proper court when a probationer has been held; and
• clarifies that a written order from a local law enforcement agency is sufficient authorization for a peace officer to incarcerate a probationer who has violated the conditions of the probationer's probation.

Every vote on this bill

Bill text

PROBATION AND PAROLE VIOLATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lee B. Perry
Senate Sponsor: 
Lyle W. Hillyard
LONG TITLE
General Description:
This bill clarifies that parole or probation officers that work for local law enforcement
agencies may issue 72 hour holds for probation violations.
Highlighted Provisions:
This bill:
▸ clarifies that parole or probation officers that work for local law enforcement
agencies may issue 72 hour holds for probation violations under certain
circumstances;
▸ requires that local law enforcement agencies notify the proper court when a
probationer has been held; and
▸ clarifies that a written order from a local law enforcement agency is sufficient
authorization for a peace officer to incarcerate a probationer who has violated the
conditions of the probationer's probation. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
64-13-29
, as last amended by Laws of Utah 2015, Chapter 412
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
64-13-29
 is amended to read:
64-13-29.
Violation of parole or probation -- Detention -- Hearing.
(1) (a) The department 
or local law enforcement agency
 shall ensure that the court is
notified of violations of the terms and conditions of probation in the case of probationers under
the [
department's supervision,
] 
supervision of the department, the local law enforcement
agency,
 or the Board of Pardons and Parole in the case of parolees under the department's
supervision when:
(i) a sanction of incarceration is recommended; or
(ii) the department 
or local law enforcement agency
 determines that a graduated
sanction is not an appropriate response to the offender's violation and recommends revocation
of probation or parole.
(b) In cases where the department desires to detain an offender alleged to have violated
his parole or probation and where it is unlikely that the Board of Pardons and Parole or court
will conduct a hearing within a reasonable time to determine if the offender has violated his
conditions of parole or probation, the department shall hold an administrative hearing within a
reasonable time, unless the hearing is waived by the parolee or probationer, to determine if
there is probable cause to believe that a violation has occurred.
(c) If there is a conviction for a crime based on the same charges as the probation or
parole violation, or a finding by a federal or state court that there is probable cause to believe
that an offender has committed a crime based on the same charges as the probation or parole
violation, the department need not hold an administrative hearing.
(2) The appropriate officer or officers of the department shall, as soon as practical
following the department's administrative hearing, report to the court or the Board of Pardons
and Parole, furnishing a summary of the hearing, and may make recommendations regarding
the disposition to be made of the parolee or probationer.
(3)
 Pending any proceeding under this section, the department may take custody of and
detain the parolee or probationer involved for a period not to exceed 72 hours excluding
weekends and holidays.
(4) In cases where probationers are supervised by a local law enforcement agency, the
agency may take custody of and detain the probationer involved for a period not to exceed 72
hours excluding weekends and holidays if:
(a) the probationer commits a major violation or repeated violations of probation; and
(b) it is unlikely that the court will conduct a hearing within a reasonable time to
determine if the offender has violated the conditions of probation; and
(c) the law enforcement agency conducts an administrative hearing within a reasonable
time to determine if there is probable cause to believe the offender has violated the conditions
of probation, unless the hearing is waived by the probationer.
(5) If the requirements for Subsection (4) are met, the local law enforcement agency
shall ensure the proper court is notified.
[
(3)
] 
(6)
 If the hearing officer determines that there is probable cause to believe that the
offender has violated the conditions of his parole or probation, the department may detain the
offender for a reasonable period of time after the hearing or waiver, as necessary to arrange for
the incarceration of the offender. [
Written
] 
A written
 order of the department is sufficient
authorization for any peace officer to incarcerate the offender. The department may
promulgate rules for the implementation of this section.
(7) A written order from the local law enforcement agency is sufficient authorization
for any peace officer to incarcerate the offender if:
(a) the probationers are supervised by a local law enforcement agency; and
(b) the appropriate officer or officers determine that there is probable cause to believe
that the offender has violated the conditions of probation.
(8) If a probationer supervised by a local law enforcement agency commits a violation
outside of the jurisdiction of the supervising agency, the arresting agency is not required to
hold or transport the probationer for the supervising agency.