Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 109 Third Substitute (2024GS)

Sponsor

Sen. Owens, D.R.

Final action

Governor Signed 2/16/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• clarifies the roles of county sheriffs and the Department of Corrections regarding the detention of probationers and parolees who have allegedly violated a condition of probation or parole;
• prohibits a county jail from releasing an individual booked on an allegation of violating probation or parole if the Department of Corrections has placed a hold on that individual under certain circumstances;
• clarifies that the Department of Health and Human Services shall provide comprehensive health care to inmates at each health care facility owned or operated by the Department of Corrections;
• directs the Department of Corrections to create a reentry division that focuses on the successful reentry of inmates into the community;
• allows the Department of Corrections to use an inmate supervision model other than a direct supervision model in certain circumstances;
• clarifies the role of the Department of Corrections in probation supervision;
• provides that the executive director of the Department of Corrections may authorize the personal off-duty use of state vehicles;
• removes an internal Department of Corrections audit requirement of certain programs;
• prohibits the disclosure of information and records related to an execution; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CORRECTIONS MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
House Sponsor: 
Jefferson S. Burton
LONG TITLE
General Description:
This bill amends provisions related to the Department of Corrections.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ clarifies the roles of county sheriffs and the Department of Corrections regarding
the detention of probationers and parolees who have allegedly violated a condition
of probation or parole;
▸ prohibits a county jail from releasing an individual booked on an allegation of
violating probation or parole if the Department of Corrections has placed a hold on
that individual under certain circumstances;
▸ clarifies that the Department of Health and Human Services shall provide
comprehensive health care to inmates at each health care facility owned or operated
by the Department of Corrections;
▸ directs the Department of Corrections to create a reentry division that focuses on the
successful reentry of inmates into the community;
▸ allows the Department of Corrections to use an inmate supervision model other than
a direct supervision model in certain circumstances;
▸ clarifies the role of the Department of Corrections in probation supervision;
▸ provides that the executive director of the Department of Corrections may authorize
the personal off-duty use of state vehicles;
▸ removes an internal Department of Corrections audit requirement of certain
programs;
▸ prohibits the disclosure of information and records related to an execution; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
17-22-5.5
, as last amended by Laws of Utah 2022, Chapter 115
26B-4-325
, as enacted by Laws of Utah 2023, Chapter 322
64-13-6
, as last amended by Laws of Utah 2023, Chapter 177
64-13-14
, as last amended by Laws of Utah 2021, Chapter 246
64-13-21
, as last amended by Laws of Utah 2022, Chapter 187
64-13-25
, as last amended by Laws of Utah 2023, Chapter 155
64-13-27
, as last amended by Laws of Utah 1998, Chapter 263
64-13-29
, as last amended by Laws of Utah 2022, Chapter 115
64-13-43
, as enacted by Laws of Utah 2008, Chapter 368
77-20-203
, as last amended by Laws of Utah 2023, Chapter 408
77-20-204
, as last amended by Laws of Utah 2023, Chapters 34, 408
77-27-11
, as last amended by Laws of Utah 2022, Chapter 115
ENACTS:
17-22-5.6
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-22-5.5
 is amended to read:
17-22-5.5.
Sheriff's classification of jail facilities -- Maximum operating capacity
of jail facilities -- Transfer or release of prisoners -- Limitation -- Records regarding
release.
(1) (a) Except as provided in Subsection (4), a county sheriff shall determine:
(i) subject to Subsection (1)(b), the classification of each jail facility or section of a jail
facility under the sheriff's control;
(ii) the nature of each program conducted at a jail facility under the sheriff's control;
and
(iii) the internal operation of a jail facility under the sheriff's control.
(b) A classification under Subsection (1)(a)(i) of a jail facility may not violate any
applicable zoning ordinance or conditional use permit of the county or municipality.
(2) Except as provided in Subsection (4), each county sheriff shall:
(a) with the approval of the county legislative body, establish a maximum operating
capacity for each jail facility under the sheriff's control, based on facility design and staffing;
and
(b) upon a jail facility reaching the jail facility's maximum operating capacity:
(i) transfer prisoners to another appropriate facility:
(A) under the sheriff's control; or
(B) available to the sheriff by contract;
(ii) release prisoners:
(A) to a supervised release program, according to release criteria established by the
sheriff; or
(B) to another alternative incarceration program developed by the sheriff; or
(iii) admit prisoners in accordance with law and a uniform admissions policy imposed
equally upon all entities using the county jail.
(3) (a) The sheriff shall keep records of the release status and the type of release
program or alternative incarceration program for any prisoner released under Subsection
(2)(b)(ii).
(b) The sheriff shall make these records available upon request to the Department of
Corrections, the Judiciary, and the Commission on Criminal and Juvenile Justice.
(4) This section may not be construed to authorize a sheriff to modify provisions of a
contract with the Department of Corrections to house in a county jail an individual sentenced to
the Department of Corrections.
(5) Regardless of whether a jail facility has reached the jail facility's maximum
operating capacity under Subsection (2), a sheriff may release an individual from a jail facility
in accordance with Section 
77-20-203
 or 
77-20-204
.
[
(6) (a) Subject to Subsection (6)(c), a jail facility shall detain an individual for up to
hours from booking if:
]
[
(i) the individual is on supervised probation or parole and that information is
reasonably available; and
]
[
(ii) the individual was arrested for:
]
[
(A) a violent felony as defined in Section 
76-3-203.5
; or
]
[
(B) a qualifying domestic violence offense as defined in Subsection 
77-36-1.1
(4) that
is not a criminal mischief offense.
]
[
(b) The jail facility shall notify the entity supervising the individual's probation or
parole that the individual is being detained.
]
[
(c) (i) The jail facility shall release the individual:
]
[
(A) to the Department of Corrections if the Department of Corrections supervises the
individual and requests the individual's release; or
]
[
(B) if a court or magistrate orders release.
]
[
(ii) Nothing in this Subsection (6) prohibits a jail facility from holding the individual
in accordance with Title 77, Chapter 20, Bail, for new criminal conduct.
]
Section 2. Section 
17-22-5.6
 is enacted to read:
 17-22-5.6.
Probation supervision -- Violation of probation -- Detention -- Hearing.
(1) As used in this section:
(a) "Probationer" means an individual on probation under the supervision of the county
sheriff.
(b) (i) "Qualifying domestic violence offense" means the same as that term is defined
in Subsection 
77-36-1.1
(4).
(ii) "Qualifying domestic violence offense" does not include criminal mischief as
described in Section 
76-6-106
.
(c) "Violent felony" means the same as that term is defined in Section 
76-3-203.5
.
(2) A county sheriff shall ensure that the court is notified of violations of the terms and
conditions of a probationer's probation when the county sheriff determines that:
(a) incarceration is recommended as a sanction;
(b) a graduated and evidence-based response is not an appropriate response to the
offender's violation and recommends revocation of probation; or
(c) there is probable cause that the conduct that led to a violation of probation is:
(i) a violent felony; or
(ii) a qualifying domestic violence offense.
(3) A county sheriff may take custody of, and detain, a probationer for a maximum of
hours, excluding weekends and holidays, if there is probable cause to believe that the
probationer has committed a violation of probation.
(4) A county sheriff may not detain a probationer or parolee for longer than 72 hours
without obtaining a warrant issued by the court.
(5) If the county sheriff detains a probationer under Subsection (3), the county sheriff
shall ensure the proper court is notified.
(6) A written order from the county sheriff is sufficient authorization for a peace
officer to incarcerate a probationer if the county sheriff has determined that there is probable
cause to believe that the probationer has violated the conditions of probation.
(7) If a probationer commits a violation outside of the jurisdiction of the county sheriff
supervising the probationer, the arresting law enforcement agency is not required to hold or
transport the probationer to the county sheriff.
(8) This section does not require the county sheriff to release a probationer who is
being held for something other than a probation violation, including a warrant issued for new
criminal conduct or a new conviction where the individual is sentenced to incarceration.
Section 3. Section 
26B-4-325
 is amended to read:
26B-4-325.
Medical care for inmates.
As used in this section:
(1) "Correctional facility" means a facility operated to house inmates in a secure or
nonsecure setting:
(a) by the Department of Corrections; or
(b) under a contract with the Department of Corrections.
(2) "Health care facility" means the same as that term is defined in Section 
26B-2-201
.
(3) "Inmate" means an individual who is:
(a) committed to the custody of the Department of Corrections; and
(b) housed at a correctional facility or at a county jail at the request of the Department
of Corrections.
(4) "Medical monitoring technology" means a device, application, or other technology
that can be used to improve health outcomes and the experience of care for patients, including
evidence-based clinically evaluated software and devices that can be used to monitor and treat
diseases and disorders.
(5) "Terminally ill" means the same as that term is defined in Section 
31A-36-102
.
(6) The department shall:
(a) for each health care facility owned or operated by the Department of Corrections,
assist the Department of Corrections in complying with Section 
64-13-39
; 
and
[
(b) create policies and procedures for providing services to inmates; and
]
[
(c)
] 
(b)
 in coordination with the Department of Corrections[
,
]
, and as the Department
of Correction's agent:
(i) create policies and procedures for providing comprehensive health care to inmates;
(ii) provide inmates with comprehensive health care; and
(iii)
 develop standard population indicators and performance measures relating to the
health of inmates.
(7) In providing the comprehensive health care described in Subsection (6)(b)(ii), the
department may not, without entering into an agreement with the Department of Corrections,
provide, operate, or manage any treatment plans for inmates that are:
(a) required to be provided, operated, or managed by the Department of Corrections in
accordance with Section 
64-13-6
; and
(b) not related to the comprehensive health care provided by the department.
[
(7)
] 
(8)
 Beginning July 1, 2023, and ending June 30, 2024, the department shall:
(a) evaluate and study the use of medical monitoring technology and create a plan for a
pilot program that identifies:
(i) the types of medical monitoring technology that will be used during the pilot
program; and
(ii) eligibility for participation in the pilot program; and
(b) make the indicators and performance measures described in Subsection [
(6)(c)
]
(6)(b)(iii)
 available to the public through the Department of Corrections and the department
websites.
[
(8)
] 
(9)
 Beginning July 1, 2024, and ending June 30, 2029, the department shall
implement the pilot program.
[
(9)
] 
(10)
 The department shall submit to the Health and Human Services Interim
Committee and the Law Enforcement and Criminal Justice Interim Committee:
(a) a report on or before October 1 of each year regarding the costs and benefits of the
pilot program;
(b) a report that summarizes the indicators and performance measures described in
Subsection [
(6)(c)
] 
(6)(b)(iii)
 on or before October 1, 2024; and
(c) an updated report before October 1 of each year that compares the indicators and
population measures of the most recent year to the initial report described in Subsection
[
(9)(b)
] 
(10)(b)
.
(11) An inmate receiving comprehensive health care from the department remains in
the custody of the Department of Corrections.
Section 4. Section 
64-13-6
 is amended to read:
64-13-6.
Department duties.
(1) The department shall:
(a) protect the public through institutional care and confinement, and supervision in the
community of offenders where appropriate;
(b) implement court-ordered punishment of offenders;
(c) provide evidence-based and evidence-informed program opportunities for offenders
designed to reduce offenders' criminogenic and recidivism risks, including behavioral,
cognitive, educational, and career-readiness program opportunities;
(d) ensure that offender participation in all program opportunities described in
Subsection (1)(c) is voluntary;
(e) where appropriate, utilize offender volunteers as mentors in the program
opportunities described in Subsection (1)(c);
(f) provide treatment for sex offenders who are found to be treatable based upon
criteria developed by the department;
(g) provide the results of ongoing clinical assessment of sex offenders and objective
diagnostic testing to sentencing and release authorities;
(h) manage programs that take into account the needs and interests of victims, where
reasonable;
(i) supervise probationers and parolees as directed by statute and implemented by the
courts and the Board of Pardons and Parole;
(j) subject to Subsection [
(2)
] 
(3)
, investigate criminal conduct involving offenders
incarcerated in a state correctional facility;
(k) cooperate and exchange information with other state, local, and federal law
enforcement agencies to achieve greater success in prevention and detection of crime and
apprehension of criminals;
(l) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
Offender Supervision;
(m) establish a case action plan based on appropriate validated risk, needs, and
responsivity assessments for each offender as follows:
(i) (A) if an offender is to be supervised in the community, the department shall
establish a case action plan for the offender no later than 60 days after the day on which the
department's community supervision of the offender begins; and
(B) if the offender is committed to the custody of the department, the department shall
establish a case action plan for the offender no later than 90 days after the day on which the
offender is committed to the custody of the department;
(ii) each case action plan shall integrate an individualized, evidence-based, and
evidence-informed treatment and program plan with clearly defined completion requirements;
(iii) the department shall share each newly established case action plan with the
sentencing and release authority within 30 days after the day on which the case action plan is
established; and
(iv) the department shall share any changes to a case action plan, including any change
in an offender's risk assessment, with the sentencing and release authority within 30 days after
the day of the change;
(n) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department; [
and
]
(o) when reporting on statewide recidivism, include the metrics and requirements
described in Section 
63M-7-102
; and
(p) create a reentry division that focuses on the successful reentry of inmates into the
community
.
(2) The department may in the course of supervising probationers and parolees:
(a) respond in accordance with the graduated and evidence-based processes established
by the Utah Sentencing Commission under Subsection 
63M-7-404
(6), to an individual's
violation of one or more terms of the probation or parole; and
(b) upon approval by the court or the Board of Pardons and Parole, impose as a
sanction for an individual's violation of the terms of probation or parole a period of
incarceration of not more than three consecutive days and not more than a total of five days
within a period of 30 days.
(3) (a) By following the procedures in Subsection (3)(b), the department may
investigate the following occurrences at state correctional facilities:
(i) criminal conduct of departmental employees;
(ii) felony crimes resulting in serious bodily injury;
(iii) death of any person; or
(iv) aggravated kidnaping.
(b) Before investigating any occurrence specified in Subsection (3)(a), the department
shall:
(i) notify the sheriff or other appropriate law enforcement agency promptly after
ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) has
occurred; and
(ii) obtain consent of the sheriff or other appropriate law enforcement agency to
conduct an investigation involving an occurrence specified in Subsection (3)(a).
(4) Upon request, the department shall provide copies of investigative reports of
criminal conduct to the sheriff or other appropriate law enforcement agencies.
(5) (a) The executive director of the department, or the executive director's designee if
the designee possesses expertise in correctional programming, shall consult at least annually
with cognitive and career-readiness staff experts from the Utah system of higher education and
the State Board of Education to review the department's evidence-based and evidence-informed
treatment and program opportunities.
(b) Beginning in the 2022 interim, the department shall provide an annual report to the
Law Enforcement and Criminal Justice Interim Committee regarding the department's
implementation of and offender participation in evidence-based and evidence-informed
treatment and program opportunities designed to reduce the criminogenic and recidivism risks
of offenders over time.
(6) (a) As used in this Subsection (6):
(i) "Accounts receivable" means any amount owed by an offender arising from a
criminal judgment that has not been paid.
(ii) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
surcharges, costs, interest, penalties, restitution to victims, third-party claims, claims,
reimbursement of a reward, and damages that an offender is ordered to pay.
(b) The department shall collect and disburse, with any interest and any other costs
assessed under Section 
64-13-21
, an accounts receivable for an offender during:
(i) the parole period and any extension of that period in accordance with Subsection
(6)(c); and
(ii) the probation period for which the court orders supervised probation and any
extension of that period by the department in accordance with Subsection 
77-18-105
(7).
(c) (i) If an offender has an unpaid balance of the offender's accounts receivable at the
time that the offender's sentence expires or terminates, the department shall be referred to the
sentencing court for the sentencing court to enter a civil judgment of restitution and a civil
accounts receivable as described in Section 
77-18-114
.
(ii) If the board makes an order for restitution within 60 days from the day on which
the offender's sentence expires or terminates, the board shall refer the order for restitution to
the sentencing court to be entered as a civil judgment of restitution as described in Section
77-18-114
.
(d) This Subsection (6) only applies to offenders sentenced before July 1, 2021.
Section 5. Section 
64-13-14
 is amended to read:
64-13-14.
Secure correctional facilities.
(1) The department shall maintain and operate secure correctional facilities for the
incarceration of offenders.
(2) For each compound of secure correctional facilities, as established by the executive
director, wardens shall be appointed as the chief administrative officers by the executive
director.
(3) The department may transfer offenders from one correctional facility to another and
may, with the consent of the sheriff, transfer any offender to a county jail.
(4) Where new or modified facilities are designed appropriately, the department shall
implement an evidence-based direct supervision system in accordance with Subsections (5) and
(6).
(5) A direct supervision system shall be designed to meet the goals of:
(a) reducing offender violence;
(b) enhancing offenders' participation in treatment, program, and work opportunities;
(c) managing and reducing offender risk;
(d) promoting pro-social offender behaviors;
(e) providing a tiered-housing structure that:
(i) rewards an offender's pro-social behaviors and progress toward the completion
requirements of the offender's individual case action plan with less restrictive housing and
increased privileges; and
(ii) houses similarly behaving offenders together; and
(f) reducing departmental costs.
(6) A direct supervision system shall include the following elements:
(a) department staff will interact continuously with offenders to actively manage
offenders' behavior and to identify problems at early stages;
(b) department staff will use management techniques designed to prevent and
discourage negative offender behavior and encourage positive offender behavior;
(c) department staff will establish and maintain a professional supervisory relationship
with offenders; and
(d) barriers separating department staff and offenders shall be removed.
(7) (a) Notwithstanding Subsection (4), the department may implement a supervision
model other than the direct supervision model described in Subsection (4) if the executive
director:
(i) determines that the direct supervision model endangers:
(A) the health and safety of the inmates or correctional facility staff; or
(B) the security of the correctional facility; and
(ii) creates a policy detailing what the supervision model will be and why that model
will increase the health and safety of the inmates or correctional facility staff or the security of
the correctional facility over a direct supervision model.
(b) The department shall post on the department's website:
(i) the executive director's determinations regarding the dangers of using a direct
supervision model as described in Subsection (7)(a)(i); and
(ii) the policy detailing the supervision model to be used as described in Subsection
(7)(a)(ii).
[
(7)
] 
(8)
 [
Beginning in the 2022 interim, the
] 
The
 department shall provide an annual
report to the Law Enforcement and Criminal Justice Interim Committee regarding
:
(a)
 the status of the implementation of direct supervision
; and
(b) if applicable, the implementation of a supervision model other than the direct
supervision model as described in Subsection (7)
.
Section 6. Section 
64-13-21
 is amended to read:
64-13-21.
Supervision of sentenced offenders placed in community -- Rulemaking
-- POST certified parole or probation officers and peace officers -- Duties -- Supervision
fee.
(1) (a) The department, except as otherwise provided by law, shall supervise 
a
sentenced [
offenders
] 
offender
 placed in the community 
if the offender:
(i) (A) is placed
 on probation by [
the courts,
] 
a court;
(B) is released
 on parole by the Board of Pardons and Parole[
,
]
;
 or
(C)
 [
upon acceptance
] 
is accepted
 for supervision under the terms of the Interstate
Compact for the Supervision of Parolees and Probationers[
.
]
; and
(ii) has been convicted of:
(A) a felony;
(B) a class A misdemeanor when an element of the offense is the use or attempted use
of physical force against an individual or property; or
(C) notwithstanding Subsection (1)(a)(ii)(B), a class A misdemeanor if the department
is ordered by a court to supervise the offender under Section 
77-18-105
.
(b) If a sentenced offender participates in substance use treatment or a residential,
vocational and life skills program, as defined in Section 
13-53-102
, while under supervision on
probation or parole, the department shall monitor the offender's compliance with and
completion of the treatment or program.
(c) The department shall establish standards for:
(i) the supervision of offenders in accordance with sentencing guidelines and
supervision length guidelines, including the graduated and evidence-based responses,
established by the Utah Sentencing Commission, giving priority, based on available resources,
to felony offenders and offenders sentenced under Subsection 
58-37-8
 (2)(b)(ii); and
(ii) the monitoring described in Subsection (1)(b).
(2) The department shall apply the graduated and evidence-based responses established
by the Utah Sentencing Commission to facilitate a prompt and appropriate response to an
individual's violation of the terms of probation or parole, including:
(a) sanctions to be used in response to a violation of the terms of probation or parole;
and
(b) requesting approval from the court or Board of Pardons and Parole to impose a
sanction for an individual's violation of the terms of probation or parole, for a period of
incarceration of not more than three consecutive days and not more than a total of [
five
] 
six
days within a period of 30 days.
(3) The department shall implement a program of graduated incentives as established
by the Utah Sentencing Commission to facilitate the department's prompt and appropriate
response to an offender's:
(a) compliance with the terms of probation or parole; or
(b) positive conduct that exceeds those terms.
(4) (a) The department shall, in collaboration with the State Commission on Criminal
and Juvenile Justice and the Division of Substance Abuse and Mental Health, create standards
and procedures for the collection of information, including cost savings related to recidivism
reduction and the reduction in the number of inmates, related to the use of the graduated and
evidence-based responses and graduated incentives, and offenders' outcomes.
(b) The collected information shall be provided to the State Commission on Criminal
and Juvenile Justice not less frequently than annually on or before August 31.
(5) Employees of the department who are POST certified as law enforcement officers
or correctional officers and who are designated as parole and probation officers by the
executive director have the following duties:
(a) monitoring, investigating, and supervising a parolee's or probationer's compliance
with the conditions of the parole or probation agreement;
(b) investigating or apprehending any offender who has escaped from the custody of
the department or absconded from supervision;
(c) supervising any offender during transportation; or
(d) collecting DNA specimens when the specimens are required under Section
53-10-404
.
(6) (a) (i) A monthly supervision fee of $30 shall be collected from each offender on
probation or parole.
(ii) The fee described in Subsection (6)(a)(i) may be suspended or waived by the
department upon a showing by the offender that imposition would create a substantial hardship
or if the offender owes restitution to a victim.
(b) (i) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, specifying the criteria for suspension or waiver of the
supervision fee and the circumstances under which an offender may request a hearing.
(ii) In determining whether the imposition of the supervision fee would constitute a
substantial hardship, the department shall consider the financial resources of the offender and
the burden that the fee would impose, with regard to the offender's other obligations.
(7) (a) For offenders placed on probation under Section 
77-18-105
 or parole under
Subsection 
76-3-202
(2)(a) on or after October 1, 2015, but before January 1, 2019, the
department shall establish a program allowing an offender to earn credits for the offender's
compliance with the terms of the offender's probation or parole, which shall be applied to
reducing the period of probation or parole as provided in this Subsection (7).
(b) The program shall provide that an offender earns a reduction credit of 30 days from
the offender's period of probation or parole for each month the offender completes without any
violation of the terms of the offender's probation or parole agreement, including the case action
plan.
(c) The department shall maintain a record of credits earned by an offender under this
Subsection (7) and shall request from the court or the Board of Pardons and Parole the
termination of probation or parole not fewer than 30 days prior to the termination date that
reflects the credits earned under this Subsection (7).
(d) This Subsection (7) does not prohibit the department from requesting a termination
date earlier than the termination date established by earned credits under Subsection (7)(c).
(e) The court or the Board of Pardons and Parole shall terminate an offender's
probation or parole upon completion of the period of probation or parole accrued by time
served and credits earned under this Subsection (7) unless the court or the Board of Pardons
and Parole finds that termination would interrupt the completion of a necessary treatment
program, in which case the termination of probation or parole shall occur when the treatment
program is completed.
(f) The department shall report annually to the State Commission on Criminal and
Juvenile Justice on or before August 31:
(i) the number of offenders who have earned probation or parole credits under this
Subsection (7) in one or more months of the preceding fiscal year and the percentage of the
offenders on probation or parole during that time that this number represents;
(ii) the average number of credits earned by those offenders who earned credits;
(iii) the number of offenders who earned credits by county of residence while on
probation or parole;
(iv) the cost savings associated with sentencing reform programs and practices; and
(v) a description of how the savings will be invested in treatment and
early-intervention programs and practices at the county and state levels.
Section 7. Section 
64-13-25
 is amended to read:
64-13-25.
Standards for programs -- Audits.
(1) (a) To promote accountability and to ensure safe and professional operation of
correctional programs, the department shall establish minimum standards for the organization
and operation of the department's programs, including collaborating with the Department of
Health and Human Services to establish minimum standards for programs providing assistance
for individuals involved in the criminal justice system.
(b) (i) The department shall promulgate the standards according to state rulemaking
provisions.
(ii) Those standards that apply to offenders are exempt from the provisions of Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(iii) Offenders are not a class of persons under Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(c) The standards shall provide for inquiring into and processing offender complaints.
(d) (i) The department shall establish minimum standards and qualifications for
treatment programs provided in county jails to which persons committed to the state prison are
placed by jail contract under Section 
64-13e-103
.
(ii) In establishing the standards and qualifications for the treatment programs, the
department shall:
(A) consult and collaborate with the county sheriffs and the Office of Substance Use
and Mental Health; and
(B) include programs demonstrated by recognized scientific research to reduce
recidivism by addressing an offender's criminal risk factors as determined by a risk and needs
assessment.
(iii) All jails contracting to house offenders committed to the state prison shall meet the
minimum standards for treatment programs as established under this Subsection (1)(d).
(e) (i) The department shall establish minimum standards for sex offense treatment,
which shall include the requirements under Subsection 
64-13-7.5
(3) regarding licensure and
competency.
(ii) The standards shall require the use of evidence-based practices to address criminal
risk factors as determined by validated assessments.
(iii) The department shall collaborate with the Office of Substance Use and Mental
Health to develop and effectively distribute the standards to jails and to mental health
professionals who desire to provide mental health treatment for sex offenders.
(iv) The department shall establish the standards by administrative rule in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) The department shall establish a certification process for public and private
providers of treatment for sex offenders on probation or parole that requires the providers' sex
offense treatment practices meet the standards and practices established under Subsection
(1)(e)(i) with the goal of reducing sex offender recidivism.
(b) The department shall collaborate with the Office of Substance Use and Mental
Health to develop, coordinate, and implement the certification process.
(c) The department shall base the certification process on the standards under
Subsection (1)(e)(i) and require renewal of certification every two years.
(d) All public and private providers of sex offense treatment, including those providing
treatment to offenders housed in county jails by contract under Section 
64-13e-103
, shall
comply with the standards in order to begin receiving or continue receiving payment from the
department to provide sex offense treatment.
(e) The department shall establish the certification program by administrative rule in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
[
(3) (a) The department shall establish an audit process to ensure compliance with sex
offense and substance use treatment standards established under this section in accordance with
the department's policies and procedures.
]
[
(b) At least every three years, the department shall internally audit sex offense and
substance use treatment programs for compliance with standards established under this
section.
]
[
(c) The individuals undertaking the audit shall provide a written report to the
managers of the programs audited and to the executive director of the department.
]
[
(d) The department's internal audit reports shall:
]
[
(i) be classified as confidential internal working papers; and
]
[
(ii) be accessible at the discretion of the executive director or the governor, or upon
court order.
]
[
(4)
] 
(3)
 The department:
(a) shall establish performance goals and outcome measurements for all programs that
are subject to the minimum standards established under this section and collect data to analyze
and evaluate whether the goals and measurements are attained;
(b) shall collaborate with the Office of Substance Use and Mental Health to develop
and coordinate the performance goals and outcome measurements, including recidivism rates
and treatment success and failure rates;
(c) may use the data collected under Subsection [
(4)(b)
] 
(3)(b)
 to make decisions on the
use of funds to provide treatment for which standards are established under this section;
(d) shall collaborate with the Office of Substance Use and Mental Health to track a
subgroup of participants to determine if there is a net positive result from the use of treatment
as an alternative to incarceration;
(e) shall collaborate with the Office of Substance Use and Mental Health to evaluate
the costs, including any additional costs, and the resources needed to attain the performance
goals established for the use of treatment as an alternative to incarceration; and
(f) shall annually provide data collected under this Subsection [
(4)
] 
(3)
 to the State
Commission on Criminal and Juvenile Justice on or before August 31.
[
(5)
] 
(4)
 The State Commission on Criminal and Juvenile Justice shall compile a
written report of the findings based on the data collected under Subsection [
(4)
] 
(3)
 and provide
the report to the legislative Judiciary Interim Committee, the Health and Human Services
Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
related appropriations subcommittees.
Section 8. Section 
64-13-27
 is amended to read:
64-13-27.
Records -- Access.
(1) (a) The Criminal Investigations and Technical Services Division of the Department
of Public Safety, established in Section 
53-10-103
, county attorneys' offices, and state and local
law enforcement agencies shall furnish to the department upon request a copy of records of any
person arrested in this state.
(b) The department shall maintain centralized files on all offenders under the
jurisdiction of the department and make the files available for review by other criminal justice
agencies upon request in cases where offenders are the subject of active investigations.
(2) All records maintained by programs under contract to the department providing
services to public offenders are the property of the department.
(3) The following information is not a record under Title 63A, Chapter 12, Part 1,
Division of Archives and Records Service and Management of Government Records, or Title
63G, Chapter 2, Government Records Access and Management Act, and may not be disclosed
by the department:
(a) identifying information of a person who participates in or administers the execution
of a death sentence, including the on-site medical administrator, correctional facility staff,
contractors, consultants, executioners, or other staff or volunteers; or
(b) identifying information of a person that manufactures, supplies, compounds, or
prescribes drugs, medical supplies, medical equipment, or any other equipment used in the
execution of a death sentence.
(4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
Access and Management Act, or any other provision of the Utah Code governing the release of
information, the identifying information described in Subsection (3):
(a) is not subject to release through discovery or other judicial processes or orders; and
(b) may not be introduced as evidence in a civil proceeding, a criminal proceeding, an
agency proceeding, or any other administrative or judicial proceeding.
(5) Within 90 days after the day on which an execution of a death sentence is
performed, the department shall:
(a) create a copy of the department's records related to an execution of a death sentence
that redacts the personal identifying information listed in Subsection (3); and
(b) destroy the original records containing the personal identifying information.
(6) A copy of a record created in Subsection (5)(a) shall be classified as protected
under Title 63G, Chapter 2, Government Records Access and Management Act.
(7) A violation of this section may be punished in accordance with Section 
63G-2-801
.
(8) (a) If any provision of this section or the application of any provision to any person
or circumstance is held invalid by a final decision of a court, the remainder of this section shall
be given effect without the invalid provision or application.
(b) The provisions of this section are severable.
Section 9. Section 
64-13-29
 is amended to read:
64-13-29.
Violation of parole or probation -- Detention -- Hearing.
(1) 
As used in this section:
(a) "72-hour hold" means a directive from the department:
(i) prohibiting the release of a parolee or probationer from correctional custody who
has entered correctional custody due to a violation of a condition of parole or probation; and
(ii) lasting for a maximum of 72 hours, excluding weekends or holidays, from the time
the parolee or probationer entered correctional custody.
(b) "Correctional custody" means when a parolee or probationer is physically detained
in a county jail or a correctional facility operated by the department.
(c) "Parolee" means an individual on parole under the supervision of the department.
(d) "Probationer" means an individual on probation under the supervision of the
department.
(e) (i) "Qualifying domestic violence offense" means the same as that term is defined in
Subsection 
77-36-1.1
(4).
(ii) "Qualifying domestic violence offense" does not include criminal mischief as
described in Section 
76-6-106
.
(f) "Violent felony" means the same as that term is defined in Section 
76-3-203.5
.
[
(a)
] 
(2)
 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 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)
 [
a sanction of
] incarceration is recommended 
as a sanction
;
[
(ii)
] 
(b)
 the department [
or local law enforcement agency
] determines that a graduated
and evidence-based response is not an appropriate response to the [
offender's
] violation and
recommends revocation of probation or parole; or
[
(iii)
] 
(c)
 there is probable cause that the conduct that led to a violation of parole or
probation is:
[
(A)
] 
(i)
 a violent felony [
as defined in Section 
76-3-203.5
]; or
[
(B)
] 
(ii)
 a qualifying domestic violence offense
.
 [
as defined in Subsection
77-36-1.1
(4) that is not a criminal mischief offense.
]
[
(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) (a) Pending any proceeding under this section for a violation of probation or
parole, the department:
]
[
(i) except as provided in Subsection (3)(b), may take custody of and detain the parolee
or probationer who committed the violation for a period not to exceed 72 hours excluding
weekends and holidays; and
]
[
(ii) if the department or the department's agent has probable cause that the conduct
that led to the violation is an offense described in Subsection (1)(a)(iii), shall take custody of
and detain the parolee or probationer who committed the violation for a period not to exceed 72
hours excluding weekends and holidays.
]
[
(b) The 72-hour period described in this Subsection (3) is reduced by the amount of
time a probationer or parolee is detained under Subsection 
17-22-5.5
(6).
]
[
(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;
]
[
(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.
]
[
(6) If the hearing officer determines that there is probable cause to believe that the
offender has violated the conditions of the offender's 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. 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.
]
(3) The department:
(a) may place a 72-hour hold on a parolee or probationer if there is probable cause to
believe that the parolee or probationer has committed a violation other than a violent felony or
qualifying domestic violence offense; and
(b) shall place a 72-hour hold on a parolee or probationer if there is probable cause to
believe that the parolee or probationer has committed a violent felony or qualifying domestic
violence offense.
(4) (a) The department may not detain, or have a county jail detain, a probationer or
parolee for longer than 72 hours without a warrant or order issued by the court or Board of
Pardons and Parole.
(b) To obtain a warrant or order to detain a probationer or parolee for longer than 72
hours, the department shall seek the warrant or order from the court for a probationer or the
Board of Pardons and Parole for a parolee.
(c) The department may decline to seek a warrant or order under Subsection (4)(b) for
a probationer or parolee subject to a 72-hour hold and remove the 72-hour hold.
(5) This section does not require the department to release a probationer or parolee who
is being held for something other than a probation or parole violation, including a warrant
issued for new criminal conduct or a new conviction where the individual is sentenced to
incarceration.
(6) The department may make rules as necessary to implement this section in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 10. Section 
64-13-43
 is amended to read:
64-13-43.
Use of state vehicles by department personnel.
The [
department
] executive director may authorize the use of a state vehicle for
:
(1)
 official and commute purposes for a department employee who:
[
(1)
] 
(a)
 supervises probationers or parolees; or
[
(2)
] 
(b)
 investigates the criminal activity of inmates, probationers, or parolees[
.
]
; and
(2) off-duty personal use.
Section 11. Section 
77-20-203
 is amended to read:
77-20-203.
County sheriff authority to release an individual from jail on own
recognizance.
(1) As used in this section:
(a) (i) "Qualifying domestic violence offense" means the same as that term is defined in
Subsection 
77-36-1.1
(4).
(ii) "Qualifying domestic violence offense" does not include criminal mischief as
described in Section 
76-6-106
.
[
(a)
] 
(b)
 "Qualifying offense" means the same as that term is defined in Section
78B-7-801
.
[
(b)
] 
(c)
 "Violent felony" means the same as that term is defined in [
Subsection
76-3-203.5
(1)(c)(i)
] 
Section 
76-3-203.5
.
(2) [
A
] 
Except as provided in Subsection (3), a
 county jail official may release an
individual from a jail facility on the individual's own recognizance if:
(a) the individual was arrested without a warrant;
(b) the individual was not arrested for:
(i) a violent felony;
(ii) a qualifying offense;
(iii) the offense of driving under the influence or driving with a measurable controlled
substance in the body if the offense results in death or serious bodily injury to an individual; or
(iv) an offense described in Subsection 
76-9-101
(4);
(c) law enforcement has not submitted a probable cause statement to a court or
magistrate;
(d) the individual agrees in writing to appear for any future criminal proceedings
related to the arrest; and
(e) the individual qualifies for release under the written policy described in Subsection
[
(3)
] 
(4)
 for the county.
(3) A county jail official may not release an individual from a jail facility if the
individual is subject to a 72-hour hold placed on the individual by the Department of
Corrections as described in Section 
64-13-29
.
[
(3)
] 
(4)
 (a) A county sheriff shall create and approve a written policy for the county
that governs the release of an individual on the individual's own recognizance.
(b) The written policy shall describe the criteria an individual shall meet to be released
on the individual's own recognizance.
(c) A county sheriff may include in the written policy the criteria for release relating to:
(i) criminal history;
(ii) prior instances of failing to appear for a mandatory court appearance;
(iii) current employment;
(iv) residency;
(v) ties to the community;
(vi) an offense for which the individual was arrested;
(vii) any potential criminal charges that have not yet been filed;
(viii) the individual's health condition;
(ix) any potential risks to a victim, a witness, or the public; and
(x) any other similar factor a sheriff determines is relevant.
(5) (a) Except as provided in Subsection (5)(b)(ii), a jail facility shall detain an
individual for up to 24 hours from booking if:
(i) the individual is on supervised probation or parole and that information is
reasonably available; and
(ii) the individual was arrested for:
(A) a violent felony; or
(B) a qualifying domestic violence offense.
(b) The jail facility shall:
(i) notify the entity supervising the individual's probation or parole that the individual
is being detained; and
(ii) release the individual:
(A) to the Department of Corrections if the Department of Corrections supervises the
individual and requests the individual's release; or
(B) if a court or magistrate orders release.
(c) This Subsection (5) does not prohibit a jail facility from holding the individual in
accordance with this chapter for a new criminal offense.
[
(4)
] 
(6)
 [
Nothing in this section prohibits
] 
This section does not prohibit
 a court and a
county from entering into an agreement regarding release.
Section 12. Section 
77-20-204
 is amended to read:
77-20-204.
County jail authority to release an individual from jail on monetary
bail.
(1) As used in this section, "eligible felony offense" means a third degree felony
violation under:
(a) Section 
23A-4-501
 or 
23A-4-502
;
(b) Section 
23A-5-311
;
(c) Section 
23A-5-313
;
(d) Title 76, Chapter 6, Part 4, Theft;
(e) Title 76, Chapter 6, Part 5, Fraud;
(f) Title 76, Chapter 6, Part 6, Retail Theft;
(g) Title 76, Chapter 6, Part 7, Utah Computer Crimes Act;
(h) Title 76, Chapter 6, Part 8, Library Theft;
(i) Title 76, Chapter 6, Part 9, Cultural Sites Protection;
(j) Title 76, Chapter 6, Part 10, Mail Box Damage and Mail Theft;
(k) Title 76, Chapter 6, Part 11, Identity Fraud Act;
(l) Title 76, Chapter 6, Part 12, Utah Mortgage Fraud Act;
(m) Title 76, Chapter 6, Part 13, Utah Automated Sales Suppression Device Act;
(n) Title 76, Chapter 6, Part 14, Regulation of Metal Dealers;
(o) Title 76, Chapter 6a, Pyramid Scheme Act;
(p) Title 76, Chapter 7, Offenses Against the Family;
(q) Title 76, Chapter 7a, Abortion Prohibition;
(r) Title 76, Chapter 9, Part 2, Electronic Communication and Telephone Abuse;
(s) Title 76, Chapter 9, Part 3, Cruelty to Animals;
(t) Title 76, Chapter 9, Part 4, Offenses Against Privacy;
(u) Title 76, Chapter 9, Part 5, Libel; or
(v) Title 76, Chapter 9, Part 6, Offenses Against the Flag.
(2) Except as provided in Subsection (7)(a), a county jail official may fix a financial
condition for an individual if:
(a) (i) the individual is ineligible to be released on the individual's own recognizance
under Section 
77-20-203
;
(ii) the individual is arrested for, or charged with:
(A) a misdemeanor offense under state law; or
(B) a violation of a city or county ordinance that is classified as a class B or C
misdemeanor offense;
(iii) the individual agrees in writing to appear for any future criminal proceedings
related to the arrest; and
(iv) law enforcement has not submitted a probable cause statement to a magistrate; or
(b) (i) the individual is arrested for, or charged with, an eligible felony offense;
(ii) the individual is not on pretrial release for a separate criminal offense;
(iii) the individual is not on probation or parole;
(iv) the primary risk posed by the individual is the risk of failure to appear;
(v) the individual agrees in writing to appear for any future criminal proceedings
related to the arrest; and
(vi) law enforcement has not submitted a probable cause statement to a magistrate.
(3) A county jail official may not fix a financial condition at a monetary amount that
exceeds:
(a) $5,000 for an eligible felony offense;
(b) $1,950 for a class A misdemeanor offense;
(c) $680 for a class B misdemeanor offense;
(d) $340 for a class C misdemeanor offense;
(e) $150 for a violation of a city or county ordinance that is classified as a class B
misdemeanor; or
(f) $80 for a violation of a city or county ordinance that is classified as a class C
misdemeanor.
(4) If an individual is arrested for more than one offense, and the county jail official
fixes a financial condition for release:
(a) the county jail official shall fix the financial condition at a single monetary amount;
and
(b) the single monetary amount may not exceed the monetary amount under Subsection
(3) for the highest level of offense for which the individual is arrested.
(5) Except as provided in Subsection (7)(b), an individual shall be released if the
individual posts a financial condition fixed by a county jail official in accordance with this
section.
(6) If a county jail official fixes a financial condition for an individual, law
enforcement shall submit a probable cause statement in accordance with Rule 9 of the Utah
Rules of Criminal Procedure after the county jail official fixes the financial condition.
(7) Once a magistrate begins a review of an individual's case under Rule 9 of the Utah
Rules of Criminal Procedure:
(a) a county jail official may not fix or modify a financial condition for an individual;
and
(b) if a county jail official fixed a financial condition for the individual before the
magistrate's review, the individual may no longer be released on the financial condition.
(8) A jail facility may not release an individual subject to a 72-hour hold placed on the
individual by the Department of Corrections as described in Section 
64-13-29
.
[
(8)
] 
(9)
 [
Nothing in this section prohibits
] 
This section does not prohibit
 a court and a
county from entering into an agreement regarding release.
Section 13. Section 
77-27-11
 is amended to read:
77-27-11.
Revocation of parole.
(1) The board may revoke the parole of any individual who is found to have violated
any condition of the individual's parole.
(2) (a) If a parolee is confined by the department or any law enforcement official for a
suspected violation of parole, the department:
(i) shall immediately report the alleged violation to the board, by means of an incident
report; and
(ii) make any recommendation regarding the incident.
(b) A parolee may not be held for a period longer than 72 hours, excluding weekends
and holidays, without first obtaining a warrant.
(c) The board shall expeditiously consider warrant requests from the department under
Section 
64-13-29
.
(3) Any member of the board may:
(a) issue a warrant based upon a certified warrant request to a peace officer or other
persons authorized to arrest, detain, and return to actual custody a parolee; and
(b) upon arrest of the parolee, determine, or direct the department to determine, if there
is probable cause to believe that the parolee has violated the conditions of the parolee's parole.
(4) Upon a finding of probable cause, a parolee may be further detained or imprisoned
again pending a hearing by the board or the board's appointed examiner.
(5) (a) The board or the board's appointed examiner shall conduct a hearing on the
alleged violation, and the parolee shall have written notice of the time and location of the
hearing, the alleged violation of parole, and a statement of the evidence against the parolee.
(b) The board or the board's appointed examiner shall provide the parolee the
opportunity:
(i) to be present;
(ii) to be heard;
(iii) to present witnesses and documentary evidence;
(iv) to confront and cross-examine adverse witnesses, absent a showing of good cause
for not allowing the confrontation; and
(v) to be represented by counsel when the parolee is mentally incompetent or pleading
not guilty.
(c) (i) If heard by an appointed examiner, the examiner shall make a written decision
which shall include a statement of the facts relied upon by the examiner in determining the
guilt or innocence of the parolee on the alleged violation and a conclusion as to whether the
alleged violation occurred.
(ii) The appointed examiner shall then refer the case to the board for disposition.
(d) (i) A final decision shall be reached by a majority vote of the sitting members of the
board.
(ii) A parolee shall be promptly notified in writing of the board's findings and decision.
(6) (a) If a parolee is found to have violated the terms of parole, the board, at the
board's discretion, may:
(i) return the parolee to parole;
(ii) modify the payment schedule for the parolee's criminal accounts receivable in
accordance with Section 
77-32b-105
;
(iii) order the parolee to pay pecuniary damages that are proximately caused by a
defendant's violation of the terms of the defendant's parole;
(iv) order the parolee to be imprisoned, but not to exceed the maximum term of
imprisonment for the parolee's sentence; or
(v) order any other conditions for the parolee.
(b) If the board returns the parolee to parole, the length of parole may not be for a
period of time that exceeds the length of the parolee's maximum sentence.
(c) If the board revokes parole for a violation and orders incarceration, the board may
impose a period of incarceration:
(i) consistent with the guidelines under Subsection 
63M-7-404
(5); or
(ii) subject to Subsection (6)(a)(iv), impose a period of incarceration that differs from
the guidelines.
(d) The following periods of time constitute service of time toward the period of
incarceration imposed under Subsection (6)(c):
(i) time served in jail by a parolee awaiting a hearing or decision concerning revocation
of parole; and
(ii) time served in jail by a parolee due to a violation of parole under Subsection
64-13-6
(2).
Section 14. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.