Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 67 (2021GS)

Sponsor

Rep. Hall, C.

Final action

Governor Signed 3/11/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• addresses the termination of certain juvenile dispositions when a defendant is convicted and sentenced by the court;
• allows a court to order a sentence to run consecutively or concurrently to certain juvenile dispositions;
• provides factors for the court to consider when determining whether a defendant's sentence runs concurrently or consecutively to certain juvenile dispositions;
• requires clarification by the court if the court fails to determine whether a sentence runs concurrently or consecutively to certain juvenile dispositions;
• if a court determines that a sentence for imprisonment in a secure correctional facility or a county jail runs concurrently to a juvenile disposition for secure confinement in a secure facility, requires a defendant to remain in the secure facility until the Youth Parole Authority terminates the juvenile disposition;
• upon termination of a defendant's juvenile disposition for secure confinement in a secure facility, requires the Division of Juvenile Justice Services to notify and facilitate the transfer or release of the defendant;
• requires the court and the Division of Juvenile Justice Services to notify the Board of Pardons and Parole when the defendant is sentenced to imprisonment in a secure correctional facility; and
• provides that the Board of Pardons and Parole has authority for certain purposes over a defendant whose sentence for imprisonment in a secure correctional facility runs concurrently with a juvenile disposition for secure confinement in a secure facility.

Every vote on this bill

Bill text

JUVENILE SENTENCING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Craig Hall
Senate Sponsor: 
Karen Mayne
Cosponsors:
V. Lowry Snow
Mike Winder
LONG TITLE
General Description:
This bill addresses the sentencing of individuals who are committed to the custody of
the Division of Juvenile Justice Services. 
Highlighted Provisions:
This bill:
▸ defines terms;
▸ addresses the termination of certain juvenile dispositions when a defendant is
convicted and sentenced by the court;
▸ allows a court to order a sentence to run consecutively or concurrently to certain
juvenile dispositions;
▸ provides factors for the court to consider when determining whether a defendant's
sentence runs concurrently or consecutively to certain juvenile dispositions;
▸ requires clarification by the court if the court fails to determine whether a sentence
runs concurrently or consecutively to certain juvenile dispositions;
▸ if a court determines that a sentence for imprisonment in a secure correctional
facility or a county jail runs concurrently to a juvenile disposition for secure
confinement in a secure facility, requires a defendant to remain in the secure facility
until the Youth Parole Authority terminates the juvenile disposition;
▸ upon termination of a defendant's juvenile disposition for secure confinement in a
secure facility, requires the Division of Juvenile Justice Services to notify and facilitate the
transfer or release of the defendant;
▸ requires the court and the Division of Juvenile Justice Services to notify the Board
of Pardons and Parole when the defendant is sentenced to imprisonment in a secure
correctional facility; and
▸ provides that the Board of Pardons and Parole has authority for certain purposes
over a defendant whose sentence for imprisonment in a secure correctional facility
runs concurrently with a juvenile disposition for secure confinement in a secure
facility.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-3-401.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-3-401.5
 is enacted to read:
 76-3-401.5.
Concurrent or consecutive sentence with a juvenile disposition.
(1) As used in this section:
(a) "Authority" means the Youth Parole Authority created in Section 
62A-7-501
.
(b) "Board" means the Board of Pardons and Parole created in Section 
77-27-2
.
(c) "Division" means the Division of Juvenile Justice Services created in Section
62A-7-102
.
(d) (i) "Juvenile disposition" means an order for commitment to the custody of the
division under Subsection 
78A-6-117
(2)(c).
(ii) "Juvenile disposition" includes an order for commitment to the custody of the
division for secure confinement in a secure facility under Subsection 
78A-6-117
(2)(e).
(e) "Secure correctional facility" means the same as that term is defined in Section
64-13-1
.
(f) "Secure facility" means the same as that term is defined in Section 
78A-6-105
.
(2) If a defendant who is 18 years old or older is serving a juvenile disposition, a court
may not terminate the juvenile disposition for the defendant when:
(a) the defendant is convicted of an offense; and
(b) the court imposes a sentence under Section 
76-3-201
 for the offense.
(3) (a) If a defendant who is 18 years old or older is convicted and sentenced for an
offense and the defendant is serving a juvenile disposition at the time of sentencing, the court
shall determine whether the sentence is to run concurrently or consecutively to the juvenile
disposition.
(b) The court shall state on the record and in the order of judgment and commitment
whether the sentence imposed is to run concurrently or consecutively with the juvenile
disposition.
(c) In determining whether a sentence is to run concurrently or consecutively with a
juvenile disposition, the court shall consider:
(i) the gravity and circumstances of the offense for which the defendant is convicted;
(ii) the number of victims; and
(iii) the history, character, and rehabilitative needs of the defendant.
(d) If an order of judgment and commitment does not clearly state whether the sentence
is to run consecutively or concurrently with the juvenile disposition, the division shall request
clarification from the court.
(e) Upon receipt of the request under Subsection (3)(d), the court shall enter a clarified
order of judgment and commitment stating whether the sentence is to run concurrently or
consecutively to the juvenile disposition.
(4) If a court orders a sentence for imprisonment to run concurrently with a juvenile
disposition for secure confinement in a secure facility under Subsection 
78A-6-117
(2)(e), the
defendant shall serve the sentence in the secure facility until the juvenile disposition is
terminated by the authority in accordance with Section 
62A-7-404.5
.
(5) If a court orders a sentence for imprisonment in a county jail to run concurrently
with a juvenile disposition for secure confinement in a secure facility under Subsection
78A-6-117
(2)(e) and the disposition is terminated before the defendant's sentence for
imprisonment in the county jail is terminated, the division shall:
(a) notify the county jail at least 14 days before the day on which the defendant's
disposition is terminated or the defendant is released from the secure facility; and
(b) facilitate the transfer or release of the defendant in accordance with the order of
judgment and commitment imposed by the court.
(6) (a) If a court orders a sentence for imprisonment in a secure correctional facility to
run concurrently with a juvenile disposition for secure confinement in a secure facility under
Subsection 
78A-6-117
(2)(e):
(i) the board has authority over the defendant for purposes of ordering parole, pardon,
commutation, termination of sentence, remission of fines or forfeitures, restitution, and any
other authority granted by law; and
(ii) the court and the division shall immediately notify the board that the defendant will
remain in a secure facility as described in Subsection (4) for the board to schedule a hearing for
the defendant in accordance with board procedures.
(b) If a court orders a sentence for imprisonment in a secure correctional facility to run
concurrently with a juvenile disposition for secure confinement in a secure facility under
Subsection 
78A-6-117
(2)(e) and the juvenile disposition is terminated before the defendant's
sentence is terminated, the division shall:
(i) notify the board and the Department of Corrections at least 14 days before the day
on which the defendant's disposition is terminated or the defendant is released from the secure
facility; and
(ii) facilitate a release or transfer of the defendant in accordance with the order of
judgment and commitment imposed by the court.