Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 200 Fourth Substitute (2024GS)

Sponsor

Sen. McKell, M.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• repeals provisions in the Utah Code establishing the Sentencing Commission;
• requires the State Commission on Criminal and Juvenile Justice to assume the Sentencing Commission's responsibilities to:
• develop sentencing and supervision length guidelines;
• develop juvenile disposition guidelines; and
• create and maintain a master offense list and a collateral consequences guide;
• requires the Legislature to approve the sentencing and supervision length guidelines and the juvenile disposition guidelines developed by the State Commission on Criminal and Juvenile Justice; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STATE COMMISSION ON CRIMINAL AND JUVENILE
JUSTICE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: 
 Karianne Lisonbee
LONG TITLE
General Description:
This bill amends provisions regarding the State Commission on Criminal and Juvenile
Justice, including the establishment of the Sentencing Commission.
Highlighted Provisions:
This bill:
▸ repeals provisions in the Utah Code establishing the Sentencing Commission;
▸ requires the State Commission on Criminal and Juvenile Justice to assume the
Sentencing Commission's responsibilities to:
• develop sentencing and supervision length guidelines;
• develop juvenile disposition guidelines; and
• create and maintain a master offense list and a collateral consequences guide;
▸ requires the Legislature to approve the sentencing and supervision length guidelines
and the juvenile disposition guidelines developed by the State Commission on
Criminal and Juvenile Justice; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
36-29-108
, as last amended by Laws of Utah 2023, Chapter 112
63M-7-102
, as enacted by Laws of Utah 2023, Chapter 177
63M-7-202
, as last amended by Laws of Utah 2023, Chapter 150
63M-7-204
, as last amended by Laws of Utah 2023, Chapters 158, 330, 382, and 500
64-13-6
, as last amended by Laws of Utah 2023, Chapter 177
64-13-14.5
, as last amended by Laws of Utah 2015, Chapter 412
64-13-21
, as last amended by Laws of Utah 2022, Chapter 187
64-13g-102
, as last amended by Laws of Utah 2023, Chapter 177
76-3-202
, as last amended by Laws of Utah 2022, Chapter 181
76-5-102.1
, as last amended by Laws of Utah 2023, Chapters 111, 415
76-5-207
, as last amended by Laws of Utah 2023, Chapter 415
77-2a-2
, as last amended by Laws of Utah 2020, Chapter 281
77-18-105
, as last amended by Laws of Utah 2023, Chapters 111, 257
77-18-108
, as last amended by Laws of Utah 2023, Chapter 113
77-27-5
, as last amended by Laws of Utah 2023, Chapters 151, 173
77-27-10
, as last amended by Laws of Utah 2022, Chapter 430
77-27-11
, as last amended by Laws of Utah 2022, Chapter 115
77-27-32
, as enacted by Laws of Utah 2023, Chapter 151
80-6-307
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-6-607
, as renumbered and amended by Laws of Utah 2021, Chapter 261
ENACTS:
63M-7-101.5
, Utah Code Annotated 1953
63M-7-220
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
63M-7-221
, (Renumbered from 63M-7-405, as last amended by Laws of Utah 2022,
Chapter 274)
REPEALS:
63M-7-401
, as last amended by Laws of Utah 2021, Chapter 173
63M-7-402
, as last amended by Laws of Utah 2020, Chapter 154
63M-7-403
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63M-7-404
, as last amended by Laws of Utah 2023, Chapter 111
63M-7-406
, as renumbered and amended by Laws of Utah 2008, Chapter 382
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
36-29-108
 is amended to read:
36-29-108.
Criminal Code Evaluation Task Force.
(1) As used in this section, "task force" means the Criminal Code Evaluation Task
Force created in this section.
(2) There is created the Criminal Code Evaluation Task Force consisting of the
following [
] 
 members:
(a) three members of the Senate appointed by the president of the Senate, no more than
two of whom may be from the same political party;
(b) three members of the House of Representatives appointed by the speaker of the
House of Representatives, no more than two of whom may be from the same political party;
(c) the executive director of the State Commission on Criminal and Juvenile Justice or
the executive director's designee;
[
(d) the director of the Utah Sentencing Commission or the director's designee;
]
[
(e)
] 
(d)
 one member appointed by the presiding officer of the Utah Judicial Council;
[
(f)
] 
(e)
 one member of the Utah Prosecution Council appointed by the chair of the
Utah Prosecution Council;
[
(g)
] 
(f)
 the executive director of the Department of Corrections or the executive
director's designee;
[
(h)
] 
(g)
 the commissioner of the Department of Public Safety or the commissioner's
designee;
[
(i)
] 
(h)
 the director of the Utah Office for Victims of Crime or the director's designee;
[
(j)
] 
(i)
 an individual who represents an association of criminal defense attorneys,
appointed by the president of the Senate; and
[
(k)
] 
(j)
 an individual who represents an association of victim advocates, appointed by
the speaker of the House of Representatives.
(3) (a) The president of the Senate shall designate a member of the Senate appointed
under Subsection (2)(a) as a cochair of the task force.
(b) The speaker of the House of Representatives shall designate a member of the House
of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
(4) (a) A majority of the members of the task force constitutes a quorum.
(b) The action of a majority of a quorum constitutes an action of the task force.
(5) (a) Salaries and expenses of the members of the task force who are legislators shall
be paid in accordance with Section 
36-2-2
 and Legislative Joint Rules, Title 5, Chapter 3,
Legislator Compensation.
(b) A member of the task force who is not a legislator:
(i) may not receive compensation for the member's work associated with the task force;
and
(ii) may receive per diem and reimbursement for travel expenses incurred as a member
of the task force at the rates established by the Division of Finance under Sections 
63A-3-106
and 
63A-3-107
.
(6) The Office of Legislative Research and General Counsel shall provide staff support
to the task force.
(7) The task force shall review the state's criminal code and related statutes and make
recommendations regarding:
(a) the proper classification of crimes by degrees of felony and misdemeanor;
(b) standardizing the format of criminal statutes; and
(c) other modifications related to the criminal code and related statutes.
(8) On or before November 30 of each year that the task force is in effect, the task
force shall provide a report, including any proposed legislation, to:
(a) the Law Enforcement and Criminal Justice Interim Committee; and
(b) the Legislative Management Committee.
(9) The task force is repealed July 1, 2028.
Section 2. Section 
63M-7-101.5
 is enacted to read:
 63M-7-101.5.
Definitions.
As used in this chapter:
(1) "Commission" means the State Commission on Criminal and Juvenile Justice
created in Section 
63M-7-201
.
(2) "Desistance" means an individual's abstinence from further criminal activity after a
previous criminal conviction.
(3) "Intervention" means a program, sanction, supervision, or event that may impact
recidivism.
(4) "Recidivism" means a return to criminal activity after a previous criminal
conviction.
(5) "Recidivism standard metric" means the number of individuals who are returned to
prison for a new conviction within the three years after the day on which the individuals were
released from prison.
(6) "Sentencing and supervision length guidelines" means the guidelines established in
Subsection 
63M-7-220
(1).
(7) "Juvenile disposition guidelines" means the guidelines established in Subsection
63M-7-220
(3).
Section 3. Section 
63M-7-102
 is amended to read:
63M-7-102.
Recidivism metrics -- Reporting.
[
(1) For purposes of this chapter:
]
[
(a) "Commission" means the State Commission on Criminal and Juvenile Justice
created in Section 
63M-7-201
.
]
[
(b) "Desistance" means an individual's abstinence from further criminal activity after a
previous criminal conviction.
]
[
(c) "Intervention" means a program, sanction, supervision, or event that may impact
recidivism.
]
[
(d) "Recidivism" means a return to criminal activity after a previous criminal
conviction.
]
[
(e) "Recidivism standard metric" means the number of individuals who are returned to
prison for a new conviction within the three years after the day on which the individuals were
released from prison.
]
[
(2)
] 
(1)
 (a) The commission, the Department of Corrections, and the Board of Pardons
and Parole, when reporting data on statewide recidivism, shall include data reflecting the
recidivism standard metric.
(b) (i) On or before August 1, 2024, the commission shall reevaluate the recidivism
standard metric to determine whether new data streams allow for a broader definition, which
may include criminal convictions that do not include prison time.
(ii) On or before November 1, 2024, the commission shall report to the Law
Enforcement and Criminal Justice Interim Committee:
(A) the result of the reevaluation described in Subsection [
(2)(b)(i)
] 
(1)(b)(i)
; and
(B) other recommendations regarding standardized recidivism metrics.
[
(3)
] 
(2)
 A report on statewide criminal recidivism may also include other information
reflecting available recidivism, intervention, or desistance data.
[
(4)
] 
(3)
 A criminal justice institution, agency, or entity required to report adult
recidivism data to the commission:
(a) shall include:
(i) a clear description of the eligible individuals, including:
(A) the criminal population being evaluated for recidivism; and
(B) the interventions that are being evaluated;
(ii) a clear description of the beginning and end of the evaluation period; and
(iii) a clear description of the events that are considered as a recidivism-triggering
event; and
(b) may include supplementary data including:
(i) the length of time that elapsed before a recidivism-triggering event described in
Subsection [
(4)(a)(iii)
] 
(3)(a)(iii)
 occurred;
(ii) the severity of a recidivism-triggering event described in Subsection [
(4)(a)(iii)
]
(3)(a)(iii)
;
(iii) measures of personal well-being, education, employment, housing, health, family
or social support, civic or community engagement, or legal involvement; or
(iv) other desistance metrics that may capture an individual's behavior following the
individual's release from an intervention.
[
(5)
] 
(4)
 Unless otherwise specified in statute:
(a) the evaluation period described in Subsection [
(4)(a)(ii)
] 
(3)(a)(ii)
 is three years;
and
(b) a recidivism-triggering event under Subsection [
(4)(a)(iii)
] 
(3)(a)(iii)
 shall include:
(i) an arrest;
(ii) an admission to prison;
(iii) a criminal charge; or
(iv) a criminal conviction.
Section 4. Section 
63M-7-202
 is amended to read:
63M-7-202.
Composition -- Appointments -- Ex officio members -- Terms --
United States Attorney as nonvoting member.
(1) The State Commission on Criminal and Juvenile Justice is composed of [
] 
eleven
voting members as follows:
(a) the chief justice of the [
supreme court, as the presiding officer of the judicial
council,
] 
Supreme Court,
 or a judge 
or the state court administrator
 designated by the chief
justice;
[
(b) the state court administrator or the state court administrator's designee;
]
[
(c)
] 
(b)
 the executive director of the Department of Corrections or the executive
director's designee;
[
(d) the executive director of the Department of Health and Human Services or the
executive director's designee;
]
[
(e)
] 
(c)
 the commissioner of the Department of Public Safety or the commissioner's
designee;
[
(f) the attorney general or an attorney designated by the attorney general;
]
[
(g)
] 
(d)
 the president of the chiefs of police association or a chief of police designated
by the association's president;
[
(h)
] 
(e)
 the president of the sheriffs' association or a sheriff designated by the
association's president;
[
(i)
] 
(f)
 the chair of the Board of Pardons and Parole or a member of the Board of
Pardons and Parole designated by the chair;
[
(j) the chair of the Utah Sentencing Commission or a member of the Utah Sentencing
Commission designated by the chair;
]
[
(k) the chair of the Utah Substance Use and Mental Health Advisory Council or a
member of the Utah Substance Use and Mental Health Advisory Council designated by the
chair;
]
[
(l)
] 
(g)
 the chair of the Utah Board of Juvenile Justice or a member of the Utah Board
of Juvenile Justice designated by the chair;
[
(m)
] 
(h)
 the chair of the Utah Victim Services Commission or a member of the Utah
Victim Services Commission designated by the chair;
[
(n) the chair of the Utah Council on Victims of Crime or a member of the Utah
Council on Victims of Crime designated by the chair;
]
[
(o) the executive director of the Salt Lake Legal Defender Association or an attorney
designated by the executive director;
]
[
(p)
] 
(i)
 the chair of the Utah Indigent Defense Commission or a member of the
Indigent Defense Commission designated by the chair;
(j) a criminal defense attorney appointed by the governor to serve a four-year term; and
[
(q) the Salt Lake County District Attorney or an attorney designated by the district
attorney; and
]
[
(r)
] 
(k)
 [
the following members designated to serve four-year terms:
]
[
(i) a juvenile court judge, appointed by the chief justice, as presiding officer of the
Judicial Council;
]
[
(ii)
] a representative of the [
statewide association of public attorneys
] 
Statewide
Association of Prosecutors and Public Attorneys of Utah
 designated by the association's
officers[
;
] 
to serve a four-year term.
[
(iii) one member of the House of Representatives who is appointed by the speaker of
the House of Representatives; and
]
[
(iv) one member of the Senate who is appointed by the president of the Senate.
]
[
(2) The governor shall appoint the remaining five members to four-year staggered
terms as follows:
]
[
(a) one criminal defense attorney appointed from a list of three nominees submitted by
the Utah State Bar Association;
]
[
(b) one attorney who primarily represents juveniles in delinquency matters appointed
from a list of three nominees submitted by the Utah Bar Association;
]
[
(c) one representative of public education;
]
[
(d) one citizen representative; and
]
[
(e) a representative from a local faith who has experience with the criminal justice
system.
]
[
(3)
] 
(2)
 In addition to the members designated under [
Subsections (1) and (2)
]
Subsection (1)
, the United States Attorney for the [
district
] 
District
 of Utah or an attorney
designated by the United States Attorney may serve as a nonvoting member.
[
(4) In appointing the members under Subsection (2), the governor shall take into
account the geographical makeup of the commission.
]
Section 5. Section 
63M-7-204
 is amended to read:
63M-7-204.
Duties of commission.
(1) The State Commission on Criminal and Juvenile Justice administration shall:
(a) promote the commission's purposes as enumerated in Section 
63M-7-201
;
(b) promote the communication and coordination of all criminal and juvenile justice
agencies;
(c) study, evaluate, and report on the status of crime in the state and on the
effectiveness of criminal justice policies, procedures, and programs that are directed toward the
reduction of crime in the state;
(d) study, evaluate, and report on programs initiated by state and local agencies to
address reducing recidivism, including changes in penalties and sentencing guidelines intended
to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
alternative to incarceration, as resources allow;
(e) study, evaluate, and report on policies, procedures, and programs of other
jurisdictions which have effectively reduced crime;
(f) identify and promote the implementation of specific policies and programs the
commission determines will significantly reduce crime in Utah;
(g) provide analysis and recommendations on all criminal and juvenile justice
legislation, state budget, and facility requests, including program and fiscal impact on all
components of the criminal and juvenile justice system;
(h) provide analysis, accountability, recommendations, and supervision for state and
federal criminal justice grant money;
(i) provide public information on the criminal and juvenile justice system and give
technical assistance to agencies or local units of government on methods to promote public
awareness;
(j) promote research and program evaluation as an integral part of the criminal and
juvenile justice system;
(k) provide a comprehensive criminal justice plan annually;
(l) review agency forecasts regarding future demands on the criminal and juvenile
justice systems, including specific projections for secure bed space;
(m) promote the development of criminal and juvenile justice information systems that
are consistent with common standards for data storage and are capable of appropriately sharing
information with other criminal justice information systems by:
(i) developing and maintaining common data standards for use by all state criminal
justice agencies;
(ii) annually performing audits of criminal history record information maintained by
state criminal justice agencies to assess their accuracy, completeness, and adherence to
standards;
(iii) defining and developing state and local programs and projects associated with the
improvement of information management for law enforcement and the administration of
justice; and
(iv) establishing general policies concerning criminal and juvenile justice information
systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
Subsection (1)(m);
(n) allocate and administer grants, from money made available, for approved education
programs to help prevent the sexual exploitation of children;
(o) allocate and administer grants for law enforcement operations and programs related
to reducing illegal drug activity and related criminal activity;
(p) request, receive, and evaluate data and recommendations collected and reported by
agencies and contractors related to policies recommended by the commission regarding
recidivism reduction, including the data described in Section 
13-53-111
 and Subsection
26B-5-102
(2)(l);
(q) establish and administer a performance incentive grant program that allocates funds
appropriated by the Legislature to programs and practices implemented by counties that reduce
recidivism and reduce the number of offenders per capita who are incarcerated;
(r) oversee or designate an entity to oversee the implementation of juvenile justice
reforms;
(s) make rules and administer the juvenile holding room standards and juvenile jail
standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
pursuant to 42 U.S.C. Sec. 5633;
(t) allocate and administer grants, from money made available, for pilot qualifying
education programs;
(u) oversee the trauma-informed justice program described in Section 
63M-7-209
;
(v) request, receive, and evaluate the aggregate data collected from prosecutorial
agencies and the Administrative Office of the Courts, in accordance with Sections 
63M-7-216
and 
78A-2-109.5
;
(w) report annually to the Law Enforcement and Criminal Justice Interim Committee
on the progress made on each of the following goals of the Justice Reinvestment Initiative:
(i) ensuring oversight and accountability;
(ii) supporting local corrections systems;
(iii) improving and expanding reentry and treatment services; and
(iv) strengthening probation and parole supervision;
(x) compile a report of findings based on the data and recommendations provided
under Section 
13-53-111
 and Subsection 
26B-5-102
(2)(n) that:
(i) separates the data provided under Section 
13-53-111
 by each residential, vocational
and life skills program; and
(ii) separates the data provided under Subsection 
26B-5-102
(2)(n) by each mental
health or substance use treatment program;
(y) publish the report described in Subsection (1)(x) on the commission's website and
annually provide the report to the Judiciary Interim Committee, the Health and Human Services
Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
related appropriations subcommittees; [
and
]
(z) receive, compile, and publish on the commission's website the data provided under:
(i) Section 
53-23-101
;
(ii) Section 
53-24-102
; and
(iii) Section 
53-26-101
;
(aa) develop sentencing and supervision length guidelines and juvenile disposition
guidelines as described in Section 
63M-7-220
; and
(bb) create and maintain a master offense list and a collateral consequences guide as
described in Section 
63M-7-221
.
(2) If the commission designates an entity under Subsection (1)(r), the commission
shall ensure that the membership of the entity includes representation from the three branches
of government and, as determined by the commission, representation from relevant stakeholder
groups across all parts of the juvenile justice system, including county representation.
Section 6. Section 
63M-7-220
 is enacted to read:
 63M-7-220.
Sentencing and supervision length guidelines and recommendations.
(1) The commission shall establish and maintain sentencing and supervision length
guidelines regarding:
(a) the sentencing and release of juvenile and adult offenders in order to:
(i) respond to public comment;
(ii) relate sentencing practices and correctional resources;
(iii) increase equity in criminal sentencing;
(iv) better define responsibility in criminal sentencing; and
(v) enhance the discretion of sentencing judges while preserving the role of the Board
of Pardons and Parole and the Youth Parole Authority;
(b) the length of supervision of adult offenders on probation or parole in order to:
(i) increase equity in criminal supervision lengths;
(ii) respond to public comment;
(iii) relate the length of supervision to an offender's progress;
(iv) take into account an offender's risk of offending again;
(v) relate the length of supervision to the amount of time an offender has remained
under supervision in the community; and
(vi) enhance the discretion of the sentencing judges while preserving the role of the
Board of Pardons and Parole; and
(c) appropriate, evidence-based probation and parole supervision policies and services
that assist offenders in successfully completing supervision and reduce incarceration rates from
community supervision programs while ensuring public safety, including:
(i) treatment and intervention completion determinations based on individualized case
action plans;
(ii) measured and consistent processes for addressing violations of conditions of
supervision;
(iii) processes that include using positive reinforcement to recognize an offender's
progress in supervision;
(iv) engaging with social services agencies and other stakeholders who provide
services that meet offender needs; and
(v) identifying community violations that may not warrant revocation of probation or
parole.
(2) The sentencing and supervision length guidelines shall include:
(a) guidelines for periods of incarceration for offenders who are on probation and:
(i) who have violated one or more conditions of probation; and
(ii) whose probation has been revoked by the court;
(b) guidelines for periods of incarceration for offenders who are on parole and:
(i) who have violated a condition of parole; and
(ii) whose parole has been revoked by the Board of Pardons and Parole;
(c) recommendations that when a court or the Board of Pardons and Parole interact
with an offender described in Subsection (2)(a) or (2)(b) the court or Board of Pardons and
Parole consider:
(i) the seriousness of any violation of the condition of probation or parole;
(ii) the offender's conduct while on probation or parole; and
(iii) the offender's criminal history;
(d) guidelines with a sentencing matrix containing proportionate escalating sanctions
based on the amount of a victim's loss for the following financial and property offenses for
which a pecuniary loss to a victim may exceed $50,000:
(i) securities fraud, Sections 
61-1-1
 and 
61-1-21
;
(ii) sale by an unlicensed broker-dealer, agent, investment adviser, or investment
adviser representative, Sections 
61-1-3
 and 
61-1-21
;
(iii) offer or sale of unregistered security, Sections 
61-1-7
 and 
61-1-21
;
(iv) abuse or exploitation of a vulnerable adult under Title 76, Chapter 5, Part 1,
Assault and Related Offenses;
(v) arson, Section 
76-6-102
;
(vi) burglary, Section 
76-6-202
;
(vii) theft under Title 76, Chapter 6, Part 4, Theft;
(viii) forgery, Section 
76-6-501
;
(ix) unlawful dealing of property by a fiduciary, Section 
76-6-513
;
(x) insurance fraud, Section 
76-6-521
;
(xi) computer crimes, Section 
76-6-703
;
(xii) mortgage fraud, Section 
76-6-1203
;
(xiii) pattern of unlawful activity, Sections 
76-10-1603
 and 
76-10-1603.5
;
(xiv) communications fraud, Section 
76-10-1801
;
(xv) money laundering, Section 
76-10-1904
; and
(xvi) other offenses in the discretion of the commission;
(e) graduated and evidence-based processes to facilitate the prompt and effective
response to an offender's progress in or violation of the terms of probation or parole by the
Department of Corrections, or another supervision services provider, to reduce recidivism and
incarceration, including:
(i) responses to be used when an offender violates a condition of probation or parole;
(ii) responses to recognize positive behavior and progress related to an offender's case
action plan;
(iii) when a violation of a condition of probation or parole should be reported to the
court or the Board of Pardons and Parole; and
(iv) a range of sanctions that may not exceed a period of incarceration of more than:
(A) three consecutive days; and
(B) a total of five days in a period of 30 days; and
(f) graduated incentives to facilitate a prompt and effective response by the Department
of Corrections to an offender's:
(i) compliance with the terms of probation or parole; and
(ii) positive conduct that exceeds those terms.
(3) The commission shall establish and maintain juvenile disposition guidelines
regarding:
(a) how to appropriately respond to negative and positive behavior of juveniles who
are:
(i) nonjudicially adjusted;
(ii) placed on diversion;
(iii) placed on probation;
(iv) placed on community supervision;
(v) placed in an out-of-home placement; or
(vi) placed in a secure care facility;
(b) other sanctions and incentives including:
(i) recommended responses that are swift and certain;
(ii) a continuum of community-based options for juveniles living at home;
(iii) recommended responses that target the juvenile's criminogenic risk and needs; and
(iv) recommended incentives for compliance, including earned discharge credits; and
(c) recommendations that when a court interacts with a juvenile described in
Subsection (3)(a) the court consider:
(i) the seriousness of the negative and positive behavior of the juvenile;
(ii) the juvenile's conduct post-adjudication; and
(iii) the delinquency history of the juvenile.
(4) The sentencing and supervision length guidelines and the juvenile disposition
guidelines shall include the appropriate sanctions for an offender who commits sexual
exploitation of a minor as described in Section 
76-5b-201
 and aggravated sexual exploitation
of a minor as described in Section 
76-5b-201.1
, including the application of aggravating and
mitigating factors specific to the offense.
(5) The commission shall modify:
(a) the sentencing and supervision length guidelines and recommendations for adult
offenders to reduce recidivism for the purposes of protecting the public and ensuring efficient
use of state funds; and
(b) the criminal history score in the sentencing and supervision length guidelines and
recommendations for adult offenders to reduce recidivism, which shall include factors in an
offender's criminal history that are relevant to the accurate determination of an individual's risk
of offending again.
(6) (a) On or before October 31 of each year, the commission shall submit the
sentencing and supervision length guidelines and juvenile disposition guidelines created in
accordance with this section to the Law Enforcement and Criminal Justice Interim Committee
and the Judiciary Interim Committee for review, including any legislative recommendations.
(b) Beginning January 1, 2025, the Legislature shall annually authorize, by passing a
concurrent resolution, the sentencing and supervision length guidelines and the juvenile
disposition guidelines submitted in accordance with Subsection (6)(a).
(c) The existing sentencing and supervision length guidelines and juvenile disposition
guidelines that were approved in accordance with Subsection (6)(b) shall remain in effect until
the day on which the Legislature reauthorizes the sentencing and supervision length guidelines
and juvenile disposition guidelines as described in Subsection (6)(b).
(7) The commission may employ professional assistance and other staff members that
the commission considers necessary to comply with this section.
Section 7. Section 
63M-7-221
, which is renumbered from Section 63M-7-405 is
renumbered and amended to read:
[
63M-7-405
].
 63M-7-221.
Master offense list -- Collateral consequences
guide.
[
(1) (a) A member who is not a legislator may not receive compensation or benefits for
the member's service, but may receive per diem and travel expenses as allowed in:
]
[
(i) Section 
63A-3-106
;
]
[
(ii) Section 
63A-3-107
; and
]
[
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
]
[
(b) Compensation and expenses of a member who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
]
(1) As used in this section:
(a) "Adjudication" means the same as that term is defined in Section 
80-1-102
.
(b) "Civil disability" means a legal right or privilege that is revoked as a result of the
individual's conviction or adjudication.
(c) "Collateral consequence" means:
(i) a discretionary disqualification; or
(ii) a mandatory sanction.
(d) "Conviction" means the same as that term is defined in Section 
77-38b-102
.
(e) "Disadvantage" means a legal or regulatory restriction that:
(i) is imposed on an individual as a result of the individual's conviction or adjudication;
and
(ii) is not a civil disability or a legal penalty.
(f) "Discretionary disqualification" means a penalty, a civil disability, or a disadvantage
that a court in a civil proceeding, or a federal, state, or local government agency or official,
may impose on an individual as a result of the individual's adjudication or conviction for an
offense regardless of whether the penalty, the civil disability, or the disadvantage is specifically
designated as a penalty, a civil disability, or a disadvantage.
(g) "Mandatory sanction" means a penalty, a civil disability, or a disadvantage that:
(i) is imposed on an individual as a result of the individual's adjudication or conviction
for an offense regardless of whether the penalty, the civil disability, or the disadvantage is
specifically designated as a penalty, a civil disability, or a disadvantage; and
(ii) is not included in the judgment for the adjudication or conviction.
(h) "Master offense list" means a document that contains all offenses that exist in
statute and each offense's associated penalty.
(i) "Offense" means a felony, a misdemeanor, an infraction, or an adjudication under
the laws of this state, another state, or the United States.
(j) "Penalty" means an administrative, civil, or criminal sanction imposed to punish the
individual for the individual's conviction or adjudication.
[
(2) (a) The commission shall submit to the Legislature, the courts, and the governor at
least 60 days before the annual general session of the Legislature the commission's reports and
recommendations for sentencing guidelines and supervision length guidelines and
amendments.
]
[
(b) The commission shall use existing data and resources from state criminal justice
agencies.
]
[
(c) The commission may employ professional assistance and other staff members as it
considers necessary or desirable.
]
[
(3) The commission shall assist and respond to questions from all three branches of
government, but is part of the Commission on Criminal and Juvenile Justice for coordination
on criminal and juvenile justice issues, budget, and administrative support.
]
[
(4)
] 
(2)
 [
(a) As used in this Subsection (4), "master offense list" means a document
that contains all offenses that exist in statute and each offense's associated penalty.
]
[
(b)
] 
(a)
 [
No later than May 1, 2017, the
] 
The
 commission shall create a master offense
list.
[
(c)
] 
(b)
 [
No later than June 30 of each calendar
] 
On or before June 30 of each
 year, the
commission shall:
(i) after the last day of the general legislative session, update the master offense list;
and
(ii) present the updated master offense list to the Law Enforcement and Criminal
Justice Interim Committee.
[
(5) As used in Subsection (6):
]
[
(a) "Adjudication" means an adjudication, as that term is defined in Section 
80-1-102
,
of an offense under Section 
80-6-701
.
]
[
(b) "Civil disability" means a legal right or privilege that is revoked as a result of the
individual's conviction or adjudication.
]
[
(c) "Collateral consequence" means:
]
[
(i) a discretionary disqualification; or
]
[
(ii) a mandatory sanction.
]
[
(d) "Conviction" means the same as that term is defined in Section 
77-38b-102
.
]
[
(e) "Disadvantage" means any legal or regulatory restriction that:
]
[
(i) is imposed on an individual as a result of the individual's conviction or
adjudication; and
]
[
(ii) is not a civil disability or a legal penalty.
]
[
(f) "Discretionary disqualification" means a penalty, a civil disability, or a
disadvantage that a court in a civil proceeding, or a federal, state, or local government agency
or official, may impose on an individual as a result of the individual's adjudication or
conviction for an offense regardless of whether the penalty, the civil disability, or the
disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage.
]
[
(g) "Mandatory sanction" means a penalty, a civil disability, or a disadvantage that:
]
[
(i) is imposed on an individual as a result of the individual's adjudication or
conviction for an offense regardless of whether the penalty, the civil disability, or the
disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage; and
]
[
(ii) is not included in the judgment for the adjudication or conviction.
]
[
(h) "Offense" means a felony, a misdemeanor, an infraction, or an adjudication under
the laws of this state, another state, or the United States.
]
[
(i) "Penalty" means an administrative, civil, or criminal sanction imposed to punish
the individual for the individual's conviction or adjudication.
]
[
(6)
] 
(3)
 (a) The commission shall:
(i) identify any provision of state law, including the Utah Constitution, and any
administrative rule that imposes a collateral consequence;
(ii) prepare and compile a guide that contains all the provisions identified in
Subsection [
(6)(a)(i) on or before October 1, 2022
] 
(3)(a)(i)
; and
(iii) update the guide described in Subsection [
(6)(a)(ii)
] 
(3)(a)(ii)
 annually.
(b) The commission shall state in the guide described in Subsection [
(6)(a)
] 
(3)(a)
 that:
(i) the guide has not been enacted into law;
(ii) the guide does not have the force of law;
(iii) the guide is for informational purposes only;
(iv) an error or omission in the guide, or in any reference in the guide:
(A) has no effect on a plea, an adjudication, a conviction, a sentence, or a disposition;
and
(B) does not prevent a collateral consequence from being imposed;
(v) any laws or regulations for a county, a municipality, another state, or the United
States, imposing a collateral consequence are not included in the guide; and
(vi) the guide does not include any provision of state law or any administrative rule
imposing a collateral consequence that is enacted on or after March 31 of each year.
(c) The commission shall:
(i) place the statements described in Subsection [
(6)(b)
] 
(3)(b)
 in a prominent place at
the beginning of the guide; and
(ii) make the guide available to the public on the commission's website.
(d) The commission shall:
(i) present the updated guide described in Subsection [
(6)(a)(iii)
] 
(3)(a)(iii)
 annually to
the Law Enforcement and Criminal Justice Interim Committee; and
(ii) identify and recommend legislation on collateral consequences to the Law
Enforcement and Criminal Justice Interim Committee.
(4) The commission may employ professional assistance and other staff members that
the commission considers necessary to comply with this section.
Section 8. 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), 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
.
(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)
] 
in the sentencing and
supervision length guidelines as defined in Section 
63M-7-101.5
, 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
] 
an individual
; 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
] 
agency
.
(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
] 
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 9. Section 
64-13-14.5
 is amended to read:
64-13-14.5.
Limits of confinement place -- Release status -- Work release.
(1) The department may extend the limits of the place of confinement of an inmate
when, as established by department policies and procedures, there is cause to believe the
inmate will honor the trust, by authorizing the inmate under prescribed conditions:
(a) to leave temporarily for purposes specified by department policies and procedures
to visit specifically designated places for a period not to exceed 30 days;
(b) to participate in a voluntary training program in the community while housed at a
correctional facility or to work at paid employment;
(c) to be housed in a nonsecure community correctional center operated by the
department; or
(d) to be housed in any other facility under contract with the department.
(2) 
(a)
 The department shall establish rules governing offenders on release status.
(b)
 A copy of the rules 
established under Subsection (2)(a)
 shall be furnished to the
offender and to any employer or other person participating in the offender's release program.
(c)
 Any employer or other participating person shall agree in writing to abide by the
rules 
established under Subsection (2)(a)
 and to notify the department of the offender's
discharge or other release from a release program activity, or of any violation of the rules
governing release status.
(3) The willful failure of an inmate to remain within the extended limits of his
confinement or to return within the time prescribed to an institution or facility designated by
the department is an escape from custody.
(4) If an offender is arrested for the commission of a crime, the arresting authority shall
immediately notify the department of the arrest.
(5) The department may impose appropriate sanctions pursuant to Section 
64-13-21
upon offenders who violate [
guidelines established by the Utah Sentencing Commission
] 
the
sentencing and supervision length guidelines as defined in Section 
63M-7-101.5
, including
prosecution for escape under Section 
76-8-309
 and for unauthorized absence.
(6) An inmate who is housed at a nonsecure correctional facility and on work release
may not be required to work for less than the current federally established minimum wage, or
under substandard working conditions.
Section 10. 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 sentenced
offenders placed in the community on probation by the courts, on parole by the Board of
Pardons and Parole, or upon acceptance for supervision under the terms of the Interstate
Compact for the Supervision of Parolees and Probationers.
(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
] 
the sentencing and supervision length
guidelines as defined in Section 
63M-7-101.5
, 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
] 
in the sentencing and supervision length guidelines as
defined in Section 
63M-7-101.5
 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 days
within a period of 30 days.
(3) The department shall implement a program of graduated incentives as established
[
by the Utah Sentencing Commission
] 
in the sentencing and supervision length guidelines as
defined in Section 
63M-7-101.5
 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 11. Section 
64-13g-102
 is amended to read:
64-13g-102.
Adult Probation and Parole Employment Incentive Program.
(1) There is created the Adult Probation and Parole Employment Incentive Program.
(2) The department and the office shall implement the program in accordance with the
requirements of this chapter.
(3) Beginning July 2026, and each July after 2026, the department shall calculate and
report to the office, for the preceding fiscal year, for each region and statewide:
(a) the parole employment rate and the average length of employment of individuals on
parole;
(b) the probation employment rate and average length of employment of individuals on
felony probation;
(c) the recidivism percentage, using applicable recidivism metrics described in
Subsections [
63M-7-102
(2) and (4)
] 
63M-7-102
(1) and (3)
;
(d) the number and percentage of individuals who successfully complete parole or
felony probation;
(e) if the recidivism percentage described in Subsection (3)(c) represents a decrease in
the recidivism percentage when compared to the fiscal year immediately preceding the fiscal
year to which the recidivism percentage described in Subsection (3)(c) relates, the estimated
costs of incarceration savings to the state, based on the marginal cost of incarceration;
(f) the number of individuals who successfully complete parole and, during the entire
six months before the day on which the individuals' parole ends, held eligible employment; and
(g) the number of individuals who successfully complete felony probation and, during
the entire six months before the day on which the individuals' parole ended, held eligible
employment.
(4) In addition to the information described in Subsection (3), the department shall
report, for each region, the number and types of parole or probation programs that were
created, replaced, or discontinued during the preceding fiscal year.
(5) After receiving the information described in Subsections (3) and (4), the office, in
consultation with the department, shall, for each region:
(a) add the region's baseline parole employment rate and the region's baseline probation
employment rate;
(b) add the region's parole employment rate and the region's probation employment
rate;
(c) subtract the sum described in Subsection (5)(a) from the sum described in
Subsection (5)(b); and
(d) (i) if the rate difference described in Subsection (5)(c) is zero or less than zero,
assign an employment incentive payment of zero to the region; or
(ii) except as provided in Subsection (7), if the rate difference described in Subsection
(5)(c) is greater than zero, assign an employment incentive payment to the region by:
(A) multiplying the rate difference by the average daily population for that region; and
(B) multiplying the product of the calculation described in Subsection (5)(d)(ii)(A) by
$2,500.
(6) In addition to the employment incentive payment described in Subsection (5), after
receiving the information described in Subsections (3) and (4), the office, in consultation with
the department, shall, for each region, multiply the sum of the numbers described in
Subsections (3)(f) and (g) for the region by $2,500 to determine the end-of-supervision
employment incentive payment for the region.
(7) The employment incentive payment, or end-of-supervision employment supervision
payment, for a region is zero if the recidivism percentage for the region, described in
Subsection (3)(c), represents an increase in the recidivism percentage when compared to the
fiscal year immediately preceding the fiscal year to which the recidivism percentage for the
region, described in Subsection (3)(c), relates.
(8) Upon determining an employment incentive payment for a region in accordance
with Subsections (5)(d)(ii), (6), and (7), the office shall authorize distribution, from the
restricted account, of the incentive payment as follows:
(a) 15% of the payment may be used by the department for expenses related to
administering the program; and
(b) 85% of the payment shall be used by the region to improve and expand supervision
and rehabilitative services to individuals on parole or adult probation, including by:
(i) implementing and expanding evidence-based practices for risk and needs
assessments for individuals;
(ii) implementing and expanding intermediate sanctions, including mandatory
community service, home detention, day reporting, restorative justice programs, and furlough
programs;
(iii) expanding the availability of evidence-based practices for rehabilitation programs,
including drug and alcohol treatment, mental health treatment, anger management, cognitive
behavior programs, and job training and other employment services;
(iv) hiring additional officers, contractors, or other personnel to implement
evidence-based practices for rehabilitative and vocational programing;
(v) purchasing and adopting new technologies or equipment that are relevant to, and
enhance, supervision, rehabilitation, or vocational training; or
(vi) evaluating the effectiveness of rehabilitation and supervision programs and
ensuring program fidelity.
(9) (a) The report described in Subsections (3) and (4) is a public record.
(b) The department shall maintain a complete and accurate accounting of the payment
and use of funds under this section.
(c) If the money in the restricted account is insufficient to make the full employment
incentive payments or the full end-of-supervision employment incentive payments, the office
shall authorize the payments on a prorated basis.
Section 12. Section 
76-3-202
 is amended to read:
76-3-202.
Paroled individuals -- Termination or discharge from sentence -- Time
served on parole -- Discretion of Board of Pardons and Parole.
(1) [
Every
] 
As described in Subsection 
77-27-5
(7), every
 individual committed to the
state prison to serve an indeterminate term and, after December 31, 2018, released on parole
shall complete a term of parole that extends through the expiration of the individual's
maximum sentence unless the parole is earlier terminated by the Board of Pardons and Parole
in accordance with the [
supervision length guidelines established by the Utah Sentencing
Commission under Section 
63M-7-404
, as described in Subsection 
77-27-5
(7),
] 
sentencing and
supervision length guidelines as defined in Section 
63M-7-101.5
 to the extent the guidelines
are consistent with the requirements of the law.
(2) (a) Except as provided in Subsection (2)(b), [
every
] 
an
 individual committed to the
state prison to serve an indeterminate term and released on parole on or after October 1, 2015,
but before January 1, 2019, shall, upon completion of three years on parole outside of
confinement and without violation, be terminated from the individual's sentence unless the
parole is earlier terminated by the Board of Pardons and Parole or is terminated pursuant to
Section 
64-13-21
.
(b) [
Every
] 
An
 individual committed to the state prison to serve an indeterminate term
and later released on parole on or after July 1, 2008, but before January 1, 2019, and who was
convicted of [
any
] 
a
 felony offense under Chapter 5, Offenses Against the Individual, or [
any
]
an
 attempt, conspiracy, or solicitation to commit [
any of these felony offenses
] 
the offense
,
shall complete a term of parole that extends through the expiration of the individual's
maximum sentence, unless the parole is earlier terminated by the Board of Pardons and Parole.
(3) [
Every
] 
An
 individual convicted of a second degree felony for violating Section
76-5-404
, forcible sexual abuse; Section 
76-5-404.1
, sexual abuse of a child; or Section
76-5-404.3
, aggravated sexual abuse of a child; or attempting, conspiring, or soliciting the
commission of a violation of any of those sections, and who is paroled before July 1, 2008,
shall, upon completion of 10 years parole outside of confinement and without violation, be
terminated from the sentence unless the individual is earlier terminated by the Board of
Pardons and Parole.
(4) An individual who violates the terms of parole, while serving parole, for any
offense under Subsection (1), (2), or (3), shall at the discretion of the Board of Pardons and
Parole be recommitted to prison to serve the portion of the balance of the term as determined
by the Board of Pardons and Parole, but not to exceed the maximum term.
(5) An individual paroled following a former parole revocation may not be discharged
from the individual's sentence until:
(a) the individual has served the applicable period of parole under this section outside
of confinement;
(b) the individual's maximum sentence has expired; or
(c) the Board of Pardons and Parole orders the individual to be discharged from the
sentence.
(6) (a) All time served on parole, outside of confinement and without violation,
constitutes service toward the total sentence.
(b) Any time an individual spends outside of confinement after commission of a parole
violation does not constitute service toward the total sentence unless the individual is
exonerated at a parole revocation hearing.
(c) (i) Any time an individual spends in confinement awaiting a hearing before the
Board of Pardons and Parole or a decision by the board concerning revocation of parole
constitutes service toward the total sentence.
(ii) In the case of exoneration by the board, the time spent is included in computing the
total parole term.
(7) When a parolee causes the parolee's absence from the state without authority from
the Board of Pardons and Parole or avoids or evades parole supervision, the period of absence,
avoidance, or evasion tolls the parole period.
(8) (a) While on parole, time spent in confinement outside the state may not be credited
toward the service of any Utah sentence.
(b) Time in confinement outside the state or in the custody of any tribal authority or the
United States government for a conviction obtained in another jurisdiction tolls the expiration
of the Utah sentence.
(9) This section does not preclude the Board of Pardons and Parole from paroling or
discharging an inmate at any time within the discretion of the Board of Pardons and Parole
unless otherwise specifically provided by law.
(10) A parolee sentenced to lifetime parole may petition the Board of Pardons and
Parole for termination of lifetime parole.
Section 13. Section 
76-5-102.1
 is amended to read:
76-5-102.1.
Negligently operating a vehicle resulting in injury.
(1) (a) As used in this section:
(i) "Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(ii) "Drug" means the same as that term is defined in Section 
76-5-207
.
(iii) "Negligent" or "negligence" means the same as that term is defined in Section
76-5-207
.
(iv) "Vehicle" means the same as that term is defined in Section 
41-6a-501
.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits negligently operating a vehicle resulting in injury if the actor:
(a) (i) operates a vehicle in a negligent manner causing bodily injury to another; and
(ii) (A) has sufficient alcohol in the actor's body such that a subsequent chemical test
shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the
time of the test;
(B) is under the influence of alcohol, a drug, or the combined influence of alcohol and
a drug to a degree that renders the actor incapable of safely operating a vehicle; or
(C) has a blood or breath alcohol concentration of .05 grams or greater at the time of
operation; or
(b) (i) operates a vehicle in a criminally negligent manner causing bodily injury to
another; and
(ii) has in the actor's body any measurable amount of a controlled substance.
(3) Except as provided in Subsection (4), a violation of Subsection (2) is:
(a) (i) a class A misdemeanor; or
(ii) a third degree felony if the bodily injury is serious bodily injury; and
(b) a separate offense for each victim suffering bodily injury as a result of the actor's
violation of this section, regardless of whether the injuries arise from the same episode of
driving.
(4) An actor is not guilty of negligently operating a vehicle resulting in injury under
Subsection (2)(b) if:
(a) the controlled substance was obtained under a valid prescription or order, directly
from a practitioner while acting in the course of the practitioner's professional practice, or as
otherwise authorized by Title 58, Occupations and Professions;
(b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
(c) the actor possessed, in the actor's body, a controlled substance listed in Section
58-37-4.2
 if:
(i) the actor is the subject of medical research conducted by a holder of a valid license
to possess controlled substances under Section 
58-37-6
; and
(ii) the substance was administered to the actor by the medical researcher.
(5) (a) A judge imposing a sentence under this section may consider:
(i) the sentencing [
guidelines developed in accordance with Section 
63M-7-404
] 
and
supervision length guidelines as defined in Section 
63M-7-101.5
;
(ii) the defendant's history;
(iii) the facts of the case;
(iv) aggravating and mitigating factors; or
(v) any other relevant fact.
(b) The judge may not impose a lesser sentence than would be required for a conviction
based on the defendant's history under Section 
41-6a-505
.
(c) The standards for chemical breath analysis under Section 
41-6a-515
 and the
provisions for the admissibility of chemical test results under Section 
41-6a-516
 apply to
determination and proof of blood alcohol content under this section.
(d) A calculation of blood or breath alcohol concentration under this section shall be
made in accordance with Subsection 
41-6a-502
(3).
(e) Except as provided in Subsection (4), the fact that an actor charged with violating
this section is or has been legally entitled to use alcohol or a drug is not a defense.
(f) Evidence of [
a defendant's
] 
an actor's
 blood or breath alcohol content or drug
content is admissible except if prohibited by the Utah Rules of Evidence, the United States
Constitution, or the Utah Constitution.
(g) In accordance with Subsection 
77-2a-3
(8), a guilty or no contest plea to an offense
described in this section may not be held in abeyance.
Section 14. Section 
76-5-207
 is amended to read:
76-5-207.
Negligently operating a vehicle resulting in death -- Penalties --
Evidence.
(1) (a) As used in this section:
(i) "Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(ii) "Criminally negligent" means the same as that term is described in Subsection
76-2-103
(4).
(iii) "Drug" means:
(A) a controlled substance;
(B) a drug as defined in Section 
58-37-2
; or
(C) a substance that, when knowingly, intentionally, or recklessly taken into the human
body, can impair the ability of an individual to safely operate a vehicle.
(iv) "Negligent" [
or "negligence
]" means simple negligence, the failure to exercise that
degree of care that reasonable and prudent persons exercise under like or similar circumstances.
(v) "Vehicle" means the same as that term is defined in Section 
41-6a-501
.
(b) Terms defined in Section 
76-1-101.5
 apply to this section.
(2) An actor commits negligently operating a vehicle resulting in death if the actor:
(a) (i) operates a vehicle in a negligent or criminally negligent manner causing the
death of another individual;
(ii) (A) has sufficient alcohol in the actor's body such that a subsequent chemical test
shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the
time of the test;
(B) is under the influence of alcohol, any drug, or the combined influence of alcohol
and any drug to a degree that renders the actor incapable of safely operating a vehicle; or
(C) has a blood or breath alcohol concentration of .05 grams or greater at the time of
operation; or
(b) (i) operates a vehicle in a criminally negligent manner causing death to another; and
(ii) has in the actor's body any measurable amount of a controlled substance.
(3) Except as provided in Subsection (4), an actor who violates Subsection (2) is guilty
of:
(a) a second degree felony; and
(b) a separate offense for each victim suffering death as a result of the actor's violation
of this section, regardless of whether the deaths arise from the same episode of driving.
(4) An actor is not guilty of a violation of negligently operating a vehicle resulting in
death under Subsection (2)(b) if:
(a) the controlled substance was obtained under a valid prescription or order, directly
from a practitioner while acting in the course of the practitioner's professional practice, or as
otherwise authorized by Title 58, Occupations and Professions;
(b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
(c) the actor possessed, in the actor's body, a controlled substance listed in Section
58-37-4.2
 if:
(i) the actor is the subject of medical research conducted by a holder of a valid license
to possess controlled substances under Section 
58-37-6
; and
(ii) the substance was administered to the actor by the medical researcher.
(5) (a) A judge imposing a sentence under this section may consider:
(i) the sentencing [
guidelines developed in accordance with Section 
63M-7-404
] 
and
supervision length guidelines as defined in Section 
63M-7-101.5
;
(ii) the defendant's history;
(iii) the facts of the case;
(iv) aggravating and mitigating factors; or
(v) any other relevant fact.
(b) The judge may not impose a lesser sentence than would be required for a conviction
based on the defendant's history under Section 
41-6a-505
.
(c) The standards for chemical breath analysis as provided by Section 
41-6a-515
 and
the provisions for the admissibility of chemical test results as provided by Section 
41-6a-516
apply to determination and proof of blood alcohol content under this section.
(d) A calculation of blood or breath alcohol concentration under this section shall be
made in accordance with Subsection 
41-6a-502
(3).
(e) Except as provided in Subsection (4), the fact that an actor charged with violating
this section is or has been legally entitled to use alcohol or a drug is not a defense.
(f) Evidence of a [
defendant's
] 
an actor's
 blood or breath alcohol content or drug
content is admissible except when prohibited by the Utah Rules of Evidence, the United States
Constitution, or the Utah Constitution.
(g) In accordance with Subsection 
77-2a-3
(8), a guilty or no contest plea to an offense
described in this section may not be held in abeyance.
Section 15. Section 
77-2a-2
 is amended to read:
77-2a-2.
Plea in abeyance agreement -- Negotiation -- Contents -- Terms of
agreement -- Waiver of time for sentencing.
(1) At any time after acceptance of a plea of guilty or no contest but before entry of
judgment of conviction and imposition of sentence, the court may, upon motion of both the
prosecuting attorney and the defendant, hold the plea in abeyance and not enter judgment of
conviction against the defendant nor impose sentence upon the defendant within the time
periods contained in Rule 22(a), Utah Rules of Criminal Procedure.
(2) A defendant shall be represented by counsel during negotiations for a plea in
abeyance and at the time of acknowledgment and affirmation of any plea in abeyance
agreement unless the defendant knowingly and intelligently waives the defendant's right to
counsel.
(3) A defendant has the right to be represented by counsel at any court hearing relating
to a plea in abeyance agreement.
(4) (a) [
Any
] 
A
 plea in abeyance agreement entered into between the prosecution and
[
the
] 
a
 defendant and approved by the court shall include a full, detailed recitation of the
requirements and conditions agreed to by the defendant and the reason for requesting the court
to hold the plea in abeyance.
(b) If the plea is to a felony or any combination of misdemeanors and felonies, the
agreement shall be in writing and shall, before acceptance by the court, be executed by the
prosecuting attorney, the defendant, and the defendant's counsel in the presence of the court.
(5) (a) Except as provided in Subsection (5)(b), a plea may not be held in abeyance for
a period longer than 18 months if the plea is to any class of misdemeanor or longer than three
years if the plea is to any degree of felony or to any combination of misdemeanors and felonies.
(b) (i) For a plea in abeyance agreement that Adult Probation and Parole supervises, the
plea may not be held in abeyance for a period longer than the initial term of probation required
under the [
supervision length guidelines described in Section 
63M-7-404
] 
sentencing and
supervision length guidelines as defined in Section 
63M-7-101.5
, if the initial term of
probation is shorter than the period required under Subsection (5)(a).
(ii) Subsection (5)(b)(i) does not:
(A) apply to a plea that is held in abeyance in a drug court created under Title 78A,
Chapter 5, Part 2, Drug Court, or a problem solving court approved by the Judicial Council; or
(B) prohibit court supervision of a plea in abeyance agreement after the day on which
the Adult Probation and Parole supervision described in Subsection (5)(b)(i) ends and before
the day on which the plea in abeyance agreement ends.
(6) Notwithstanding Subsection (5), a plea may be held in abeyance for up to two years
if the plea is to any class of misdemeanor and the plea in abeyance agreement includes a
condition that the defendant participate in a problem solving court approved by the Judicial
Council.
(7) A plea in abeyance agreement may not be approved unless the defendant, before the
court, and any written agreement, knowingly and intelligently waives time for sentencing as
designated in Rule 22(a), Utah Rules of Criminal Procedure.
Section 16. Section 
77-18-105
 is amended to read:
77-18-105.
Pleas held in abeyance -- Suspension of a sentence -- Probation --
Supervision -- Terms and conditions of probation -- Time periods for probation -- Bench
supervision for payments on criminal accounts receivable.
(1) If a defendant enters a plea of guilty or no contest in conjunction with a plea in
abeyance agreement, the court may hold the plea in abeyance:
(a) in accordance with Chapter 2a, Pleas in Abeyance; and
(b) under the terms of the plea in abeyance agreement.
(2) If a defendant is convicted, the court:
(a) shall impose a sentence in accordance with Section 
76-3-201
; and
(b) subject to Subsection (5), may suspend the execution of the sentence and place the
defendant:
(i) on probation under the supervision of the department;
(ii) on probation under the supervision of an agency of a local government or a private
organization; or
(iii) on court probation under the jurisdiction of the sentencing court.
(3) (a) The legal custody of all probationers under the supervision of the department is
with the department.
(b) The legal custody of all probationers under the jurisdiction of the sentencing court
is vested as ordered by the court.
(c) The court has continuing jurisdiction over all probationers.
(4) (a) Court probation may include an administrative level of services, including
notification to the sentencing court of scheduled periodic reviews of the probationer's
compliance with conditions.
(b) Supervised probation services provided by the department, an agency of a local
government, or a private organization shall specifically address the defendant's risk of
reoffending as identified by a screening or an assessment.
(c) If a court orders supervised probation and determines that a public probation
provider is unavailable or inappropriate to supervise the defendant, the court shall make
available to the defendant the list of private probation providers prepared by a criminal justice
coordinating council under Section 
17-55-201
.
(5) (a) Before ordering supervised probation, the court shall consider the supervision
costs to the defendant for each entity that can supervise the defendant.
(b) (i) A court may order an agency of a local government to supervise the probation
for an individual convicted of any crime if:
(A) the agency has the capacity to supervise the individual; and
(B) the individual's supervision needs will be met by the agency.
(ii) A court may only order:
(A) the department to supervise the probation for an individual convicted of a class A
misdemeanor or any felony; or
(B) a private organization to supervise the probation for an individual convicted of a
class A, B, or C misdemeanor or an infraction.
(c) A court may not order a specific private organization to supervise an individual
unless there is only one private organization that can provide the specific supervision services
required to meet the individual's supervision needs.
(6) (a) If a defendant is placed on probation, the court may order the defendant as a
condition of the defendant's probation:
(i) to provide for the support of persons for whose support the defendant is legally
liable;
(ii) to participate in available treatment programs, including any treatment program in
which the defendant is currently participating if the program is acceptable to the court;
(iii) be voluntarily admitted to the custody of the Division of Substance Abuse and
Mental Health for treatment at the Utah State Hospital in accordance with Section 
77-18-106
;
(iv) if the defendant is on probation for a felony offense, to serve a period of time as an
initial condition of probation that does not exceed one year in a county jail designated by the
department, after considering any recommendation by the court as to which jail the court finds
most appropriate;
(v) to serve a term of home confinement in accordance with Section 
77-18-107
;
(vi) to participate in compensatory service programs, including the compensatory
service program described in Section 
76-3-410
;
(vii) to pay for the costs of investigation, probation, or treatment services;
(viii) to pay restitution to a victim with interest in accordance with Chapter 38b, Crime
Victims Restitution Act; or
(ix) to comply with other terms and conditions the court considers appropriate to
ensure public safety or increase a defendant's likelihood of success on probation.
(b) (i) Notwithstanding Subsection (6)(a)(iv), the court may modify the probation of a
defendant to include a period of time that is served in a county jail immediately before the
termination of probation as long as that period of time does not exceed one year.
(ii) If a defendant is ordered to serve time in a county jail as a sanction for a probation
violation, the one-year limitation described in Subsection (6)(a)(iv) or (6)(b)(i) does not apply
to the period of time that the court orders the defendant to serve in a county jail under this
Subsection (6)(b)(ii).
(7) (a) Except as provided in Subsection (7)(b), probation of an individual placed on
probation after December 31, 2018:
(i) may not exceed the individual's maximum sentence;
(ii) shall be for a period of time that is in accordance with the [
supervision length
guidelines established by the Utah Sentencing Commission under Section 
63M-7-404
]
sentencing and supervision length guidelines as defined in Section 
63M-7-101.5
, to the extent
the guidelines are consistent with the requirements of the law; and
(iii) shall be terminated in accordance with the [
supervision length guidelines
established by the Utah Sentencing Commission under Section 
63M-7-404
] 
sentencing and
supervision length guidelines as defined in Section 
63M-7-101.5
, to the extent the guidelines
are consistent with the requirements of the law.
(b) Probation of an individual placed on probation after December 31, 2018, whose
maximum sentence is one year or less, may not exceed 36 months.
(c) Probation of an individual placed on probation on or after October 1, 2015, but
before January 1, 2019, may be terminated at any time at the discretion of the court or upon
completion without violation of 36 months probation in felony or class A misdemeanor cases,
12 months in cases of class B or C misdemeanors or infractions, or as allowed in accordance
with Section 
64-13-21
 regarding earned credits.
(d) This Subsection (7) does not apply to the probation of an individual convicted of an
offense for criminal nonsupport under Section 
76-7-201
.
(8) (a) Notwithstanding Subsection (7), if there is an unpaid balance of the criminal
accounts receivable for the defendant upon termination of the probation period for the
defendant under Subsection (7), the court may require the defendant to continue to make
payments towards the criminal accounts receivable in accordance with the payment schedule
established by the court under Section 
77-32b-103
.
(b) A court may not require the defendant to make payments as described in Subsection
(8)(a) beyond the expiration of the defendant's sentence.
(c) If the court requires a defendant to continue to pay in accordance with the payment
schedule for the criminal accounts receivable under this Subsection (8) and the defendant
defaults on the criminal accounts receivable, the court shall proceed with an order for a civil
judgment of restitution and a civil accounts receivable for the defendant as described in Section
77-18-114
.
(d) (i) Upon a motion from the prosecuting attorney, the victim, or upon the court's
own motion, the court may require a defendant to show cause as to why the defendant's failure
to pay in accordance with the payment schedule should not be treated as contempt of court.
(ii) A court may hold a defendant in contempt for failure to make payments for a
criminal accounts receivable in accordance with Title 78B, Chapter 6, Part 3, Contempt.
(e) This Subsection (8) does not apply to the probation of an individual convicted of an
offense for criminal nonsupport under Section 
76-7-201
.
(9) When making [
any
] 
a
 decision regarding probation, the court shall consider
information provided by the Department of Corrections regarding a defendant's individual case
action plan, including any progress the defendant has made in satisfying the case action plan's
completion requirements.
Section 17. Section 
77-18-108
 is amended to read:
77-18-108.
Termination, revocation, modification, or extension of probation --
Violation of probation -- Hearing on violation.
(1) (a) The department shall send a written notice to the court:
(i) when the department is recommending termination of supervision for a defendant;
or
(ii) before a defendant's supervision will be terminated by law.
(b) The written notice under this Subsection (1) shall include:
(i) a probation progress report; and
(ii) if the department is responsible for the collection of the defendant's criminal
accounts receivable, a summary of the criminal accounts receivable, including the amount of
restitution ordered and the amount of restitution that has been paid.
(c) (i) Upon receipt of the written notice under Subsection (1)(a), the court shall:
(A) file the written notice on the docket; and
(B) provide notice to all parties in the criminal case.
(ii) A party shall have a reasonable opportunity to respond to the written notice under
Subsection (1)(a).
(d) If a defendant's probation is being terminated, and the defendant's criminal accounts
receivable has an unpaid balance or there is any outstanding debt with the department, the
department shall send a written notice to the Office of State Debt Collection with a summary of
the defendant's criminal accounts receivable, including the amount of restitution ordered and
the amount of restitution that has been paid.
(2) (a) The court may modify the defendant's probation in accordance with the
[
supervision length guidelines and the graduated and evidence-based responses and graduated
incentives developed by the Utah Sentencing Commission under Section 
63M-7-404
]
sentencing and supervision length guidelines as defined in Section 
63M-7-101.5
.
(b) The court may not:
(i) extend the length of a defendant's probation, except upon:
(A) waiver of a hearing by the defendant; or
(B) a hearing and a finding by the court that the defendant has violated the terms of
probation;
(ii) revoke a defendant's probation, except upon a hearing and a finding by the court
that the terms of probation have been violated; or
(iii) terminate a defendant's probation before expiration of the probation period until
the court:
(A) reviews the docket to determine whether the defendant owes a balance on the
defendant's criminal accounts receivable; and
(B) enters a finding of whether the defendant owes restitution under Section
77-38b-205
.
(c) The court may find under Subsection (2)(b)(iii)(B) that the defendant does not owe
restitution if no request for restitution has been filed with the court.
(3) (a) Upon the filing of an affidavit, or an unsworn written declaration executed in
substantial compliance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act,
alleging with particularity facts asserted to constitute violation of the terms of a defendant's
probation, the court shall determine if the affidavit or unsworn written declaration establishes
probable cause to believe that revocation, modification, or extension of the defendant's
probation is justified.
(b) (i) If the court determines there is probable cause, the court shall order that the
defendant be served with:
(A) a warrant for the defendant's arrest or a copy of the affidavit or unsworn written
declaration; and
(B) an order to show cause as to why the defendant's probation should not be revoked,
modified, or extended.
(ii) The order under Subsection (3)(b)(i)(B) shall:
(A) be served upon the defendant at least five days before the day on which the hearing
is held;
(B) specify the time and place of the hearing; and
(C) inform the defendant of the right to be represented by counsel at the hearing, the
right to have counsel appointed if the defendant is indigent, and the right to present evidence at
the hearing.
(iii) The defendant shall show good cause for a continuance of the hearing.
(c) At the hearing, the defendant shall admit or deny the allegations of the affidavit or
unsworn written declaration.
(d) (i) If the defendant denies the allegations of the affidavit or unsworn written
declaration, the prosecuting attorney shall present evidence on the allegations.
(ii) If the affidavit, or unsworn written declaration, alleges that a defendant is
delinquent, or in default, on a criminal accounts receivable, the prosecuting attorney shall
present evidence to establish, by a preponderance of the evidence, that the defendant:
(A) was aware of the defendant's obligation to pay the balance of the criminal accounts
receivable;
(B) failed to pay on the balance of the criminal accounts receivable as ordered by the
court; and
(C) had the ability to make a payment on the balance of the criminal accounts
receivable if the defendant opposes an order to show cause, in writing, and presents evidence
that the defendant was unable to make a payment on the balance of the criminal accounts
receivable.
(e) The persons who have given adverse information on which the allegations are
based shall be presented as witnesses subject to questioning by the defendant, unless the court
for good cause otherwise orders.
(f) At the hearing, the defendant may:
(i) call witnesses;
(ii) appear and speak in the defendant's own behalf; and
(iii) present evidence.
(g) (i) After the hearing, the court shall make findings of fact.
(ii) Upon a finding that the defendant violated the terms of the defendant's probation,
the court may order the defendant's probation terminated, revoked, modified, continued, or
reinstated for all or a portion of the original term of probation.
(4) (a) (i) Except as provided in Subsection 
77-18-105
(7), the court may not require a
defendant to remain on probation for a period of time that exceeds the length of the defendant's
maximum sentence.
(ii) Except as provided in Subsection 
77-18-105
(7), if a defendant's probation is
revoked and later reinstated, the total time of all periods of probation that the defendant serves,
in relation to the same sentence, may not exceed the defendant's maximum sentence.
(b) If the court orders a sanction for a defendant who violated terms of probation, the
court may:
(i) order a period of incarceration that is consistent with the [
guidelines established by
the Utah Sentencing Commission in accordance with Subsection 
63M-7-404
(4)
] 
sentencing
and supervision length guidelines as defined in Section 
63M-7-101.5
;
(ii) order a period of incarceration that deviates from the guidelines with an
explanation for the deviation on the record;
(iii) order treatment services that are immediately available in the community for a
defendant that needs substance abuse or mental health treatment, as determined by a screening
and assessment;
(iv) execute the sentence previously imposed; or
(v) order any other appropriate sanction.
(c) If the defendant had, before the imposition of a term of incarceration or the
execution of the previously imposed sentence under this section, served time in jail as a term of
probation or due to a violation of probation, the time that the defendant served in jail
constitutes service of time toward the sentence previously imposed.
(5) (a) Any time served by a defendant:
(i) outside of confinement after having been charged with a probation violation, and
before a hearing to revoke probation, does not constitute service of time toward the total
probation term, unless the defendant is exonerated at a hearing to revoke the defendant's
probation;
(ii) in confinement awaiting a hearing or a decision concerning revocation of the
defendant's probation does not constitute service of time toward the total probation term, unless
the defendant is exonerated at the hearing to revoke probation; or
(iii) in confinement awaiting a hearing or a decision concerning revocation of the
defendant's probation constitutes service of time toward a term of incarceration imposed as a
result of the revocation of probation or a graduated and evidence-based response imposed
under the [
guidelines established by the Utah Sentencing Commission in accordance with
Section 
63M-7-404
] 
sentencing and supervision length guidelines as defined in Section
63M-7-101.5
.
(b) The running of the probation period is tolled upon:
(i) the filing of a report with the court alleging a violation of the terms of the
defendant's probation; or
(ii) the issuance of an order or a warrant under Subsection (3).
Section 18. Section 
77-27-5
 is amended to read:
77-27-5.
Board of Pardons and Parole authority.
(1) (a) Subject to this chapter and other laws of the state, and except for a conviction
for treason or impeachment, the board shall determine by majority decision when and under
what conditions an offender's conviction may be pardoned or commuted.
(b) The Board of Pardons and Parole shall determine by majority decision when and
under what conditions an offender committed to serve a sentence at a penal or correctional
facility, which is under the jurisdiction of the department, may:
(i) be released upon parole;
(ii) have a fine or forfeiture remitted;
(iii) have the offender's criminal accounts receivable remitted in accordance with
Section 
77-32b-105
 or 
77-32b-106
;
(iv) have the offender's payment schedule modified in accordance with Section
77-32b-103
; or
(v) have the offender's sentence terminated.
(c) The board shall prioritize public safety when making a determination under
Subsection (1)(a) or (1)(b).
(d) (i) The board may sit together or in panels to conduct hearings.
(ii) The chair shall appoint members to the panels in any combination and in
accordance with rules made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, by the board.
(iii) The chair may participate on any panel and when doing so is chair of the panel.
(iv) The chair of the board may designate the chair for any other panel.
(e) (i) Except after a hearing before the board, or the board's appointed examiner, in an
open session, the board may not:
(A) remit a fine or forfeiture for an offender or the offender's criminal accounts
receivable;
(B) release the offender on parole; or
(C) commute, pardon, or terminate an offender's sentence.
(ii) An action taken under this Subsection (1) other than by a majority of the board
shall be affirmed by a majority of the board.
(f) A commutation or pardon may be granted only after a full hearing before the board.
(2) (a) In the case of any hearings, timely prior notice of the time and location of the
hearing shall be given to the offender.
(b) The county or district attorney's office responsible for prosecution of the case, the
sentencing court, and law enforcement officials responsible for the defendant's arrest and
conviction shall be notified of any board hearings through the board's website.
(c) Whenever possible, the victim or the victim's representative, if designated, shall be
notified of original hearings and any hearing after that if notification is requested and current
contact information has been provided to the board.
(d) (i) Notice to the victim or the victim's representative shall include information
provided in Section 
77-27-9.5
, and any related rules made by the board under that section.
(ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
reasonable for the lay person to understand.
(3) (a) A decision by the board is final and not subject for judicial review if the
decision is regarding:
(i) a pardon, parole, commutation, or termination of an offender's sentence;
(ii) the modification of an offender's payment schedule for restitution; or
(iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
(b) Deliberative processes are not public and the board is exempt from Title 52,
Chapter 4, Open and Public Meetings Act, when the board is engaged in the board's
deliberative process.
(c) Pursuant to Subsection 
63G-2-103
(25)(b)(xi), records of the deliberative process
are exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
(d) Unless it will interfere with a constitutional right, deliberative processes are not
subject to disclosure, including discovery.
(e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
(4) (a) This chapter may not be construed as a denial of or limitation of the governor's
power to grant respite or reprieves in all cases of convictions for offenses against the state,
except treason or conviction on impeachment.
(b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
next session of the Board of Pardons and Parole.
(c) At the next session of the board, the board:
(i) shall continue or terminate the respite or reprieve; or
(ii) may commute the punishment or pardon the offense as provided.
(d) In the case of conviction for treason, the governor may suspend execution of the
sentence until the case is reported to the Legislature at the Legislature's next session.
(e) The Legislature shall pardon or commute the sentence or direct the sentence's
execution.
(5) (a) In determining when, where, and under what conditions an offender serving a
sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the offender's
criminal accounts receivable remitted, or have the offender's sentence commuted or terminated,
the board shall:
(i) consider whether the offender has made restitution ordered by the court under
Section 
77-38b-205
, or is prepared to pay restitution as a condition of any parole, pardon,
remission of a criminal accounts receivable or a fine or forfeiture, or a commutation or
termination of the offender's sentence;
(ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
making determinations under this Subsection (5);
(iii) consider information provided by the Department of Corrections regarding an
offender's individual case action plan; and
(iv) review an offender's status within 60 days after the day on which the board
receives notice from the Department of Corrections that the offender has completed all of the
offender's case action plan components that relate to activities that can be accomplished while
the offender is imprisoned.
(b) The board shall determine whether to remit an offender's criminal accounts
receivable under this Subsection (5) in accordance with Section 
77-32b-105
 or 
77-32b-106
.
(6) In determining whether parole may be terminated, the board shall consider:
(a) the offense committed by the parolee; and
(b) the parole period under Section 
76-3-202
, and in accordance with Section
77-27-13
.
(7) For an offender placed on parole after December 31, 2018, the board shall
terminate parole in accordance with the [
supervision length guidelines established by the Utah
Sentencing Commission under Section 
63M-7-404
] 
sentencing and supervision length
guidelines as defined in Section 
63M-7-101.5
, to the extent the guidelines are consistent with
the requirements of the law.
Section 19. Section 
77-27-10
 is amended to read:
77-27-10.
Conditions of parole -- Inmate agreement to warrant -- Rulemaking --
Intensive early release parole program.
(1) (a) When the Board of Pardons and Parole releases an offender on parole, it shall
,
in accordance with Section 
64-13-21
,
 issue to the parolee a certificate setting forth the
conditions of parole, including the graduated and evidence-based responses to a violation of a
condition of parole established [
by the Sentencing Commission in accordance with Section
64-13-21
] 
in the sentencing and supervision length guidelines as defined in Section
63M-7-101.5
, which the offender shall accept and agree to as evidenced by the offender's
signature affixed to the agreement.
(b) The parole agreement shall require that the inmate agree in writing that the board
may issue a warrant and conduct a parole revocation hearing if:
(i) the board determines after the grant of parole that the inmate willfully provided to
the board false or inaccurate information that the board finds was significant in the board's
determination to grant parole; or
(ii) (A) the inmate has engaged in criminal conduct prior to the granting of parole; and
(B) the board did not have information regarding the conduct at the time parole was
granted.
(c) 
(i)
 A copy of the agreement shall be delivered to the Department of Corrections and
a copy shall be given to the parolee.
(ii)
 The original 
agreement
 shall remain with the board's file.
(2) (a) If an offender convicted of violating or attempting to violate Section
76-5-301.1
, 
76-5-302
, 
76-5-402
, 
76-5-402.1
, 
76-5-402.2
, 
76-5-402.3
, 
76-5-403
, 
76-5-403.1
,
76-5-404
, 
76-5-404.1
, 
76-5-404.3
, or 
76-5-405
, is released on parole, the board shall order
outpatient mental health counseling and treatment as a condition of parole.
(b) The board shall develop standards and conditions of parole under this Subsection
(2) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) This Subsection (2) does not apply to intensive early release parole.
(3) (a) 
(i)
 In addition to the conditions set out in Subsection (1), the board may place
offenders in an intensive early release parole program.
(ii)
 The board shall determine the conditions of parole which are reasonably necessary
to protect the community as well as to protect the interests of the offender and to assist the
offender to lead a law-abiding life.
(b) The offender is eligible for this program only if the offender:
(i) has not been convicted of a sexual offense; or
(ii) has not been sentenced pursuant to Section 
76-3-406
.
(c) The department shall:
(i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, for operation of the program;
(ii) adopt and implement internal management policies for operation of the program;
(iii) determine whether or not to refer an offender into this program within 120 days
from the date the offender is committed to prison by the sentencing court; and
(iv) make the final recommendation to the board regarding the placement of an
offender into the program.
(d) The department may not consider credit for time served in a county jail awaiting
trial or sentencing when calculating the 120-day period.
(e) The prosecuting attorney or sentencing court may refer an offender for
consideration by the department for participation in the program.
(f) The board shall determine whether or not to place an offender into this program
within 30 days of receiving the department's recommendation.
(4) This program shall be implemented by the department within the existing budget.
(5) During the time the offender is on parole, the department shall collect from the
offender the monthly supervision fee authorized by Section 
64-13-21
.
(6) When a parolee commits a violation of the parole agreement, the department may:
(a) respond in accordance with the graduated and evidence-based responses established
in accordance with Section 
64-13-21
; or
(b) when the graduated and evidence-based responses established in accordance with
Section 
64-13-21
 indicate, refer the parolee to the Board of Pardons and Parole for revocation
of parole.
Section 20. 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.
(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)
] 
sentencing and
supervision length guidelines as defined in Section 
63M-7-101.5
; 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 21. Section 
77-27-32
 is amended to read:
77-27-32.
Reporting requirements.
(1) The board shall publicly display metrics on the board's website, including:
(a) a measure of recidivism;
(b) a measure of time under board jurisdiction;
(c) a measure of prison releases by category;
(d) a measure of parole revocations;
(e) a measure of alignment of board decisions with the [
guidelines established by the
Sentencing Commission under Section 
63M-7-404
] 
sentencing and supervision length
guidelines as defined in Section 
63M-7-101.5
; and
(f) a measure of the aggregate reasons for departing from the guidelines described in
Subsection (1)(e).
(2) On or before September 30 of each year, the board shall submit to the commission
and the Law Enforcement and Criminal Justice Interim Committee a report for the previous
fiscal year that summarizes the metrics in Subsection (1).
Section 22. Section 
80-6-307
 is amended to read:
80-6-307.
Dispositional report required in minors' cases -- Exceptions.
(1) A juvenile probation officer, or other agency designated by the juvenile court,
shall make a dispositional report in writing in all minors' cases in which a petition has been
filed, except in cases involving violations of traffic laws or ordinances, violations of wildlife
laws and boating laws, and other minor cases.
(2) When preparing a dispositional report and recommendation in a minor's case, the
juvenile probation officer, or other agency designated by the juvenile court, shall consider the
juvenile disposition guidelines [
developed in accordance with Section 
63M-7-404
] 
as defined
in Section 
63M-7-101.5
 and any other factors relevant to the disposition designated in the
juvenile disposition guidelines .
(3) Where the allegations of a petition filed under Section 
80-6-305
 are denied, the
investigation may not be made until the juvenile court has made an adjudication.
Section 23. Section 
80-6-607
 is amended to read:
80-6-607.
Case planning and appropriate responses.
(1) For a minor adjudicated and placed on probation under Section 
80-6-702
 or
committed to the division under Section 
80-6-703
, a case plan shall be created and:
(a) developed in collaboration with the minor and the minor's family;
(b) individualized to the minor;
(c) informed by the results of a validated risk and needs assessment under Section
80-6-606
; and
(d) tailored to the minor's offense and history.
(2) (a) The Administrative Office of the Courts and the division shall develop a
statewide system of appropriate responses to guide responses to the behaviors of minors:
(i) undergoing nonjudicial adjustments;
(ii) whose case is under the jurisdiction of the juvenile court; and
(iii) in the custody of the division.
(b) The system of responses shall include both sanctions and incentives that:
(i) are swift and certain;
(ii) include a continuum of community based responses for minors living at home;
(iii) target a minor's criminogenic risks and needs, as determined by the results of a
validated risk and needs assessment under Section 
80-6-606
, and the severity of the violation;
and
(iv) authorize earned discharge credits as one incentive for compliance.
(c) After considering the juvenile disposition guidelines [
established by the Sentencing
Commission, in accordance with Section 
63M-7-404
] 
as defined in Section 
63M-7-101.5
, the
system of appropriate responses under Subsections (2)(a) and (b) shall be developed.
(3) (a) A response to compliant or noncompliant behavior under Subsection (2) shall be
documented in the minor's case plan.
(b) Documentation under Subsection (3)(a) shall include:
(i) positive behaviors and incentives offered;
(ii) violations and corresponding sanctions; and
(iii) whether the minor has a subsequent violation after a sanction.
(4) Before referring a minor to a juvenile court for judicial review, or to the authority if
the minor is under the jurisdiction of the authority, in response to a contempt filing under
Section 
78A-6-353
 or an order to show cause, a pattern of appropriate responses shall be
documented in the minor's case plan in accordance with Subsections (3)(a) and (b) .
(5) Notwithstanding Subsection (4), if a minor violates a protective order or an ex parte
protective order listed in Section 
78B-7-803
, the violation may be filed directly with the
juvenile court.
Section 24. 
Repealer.
This bill repeals:
Section 
63M-7-401
,
Creation -- Members -- Appointment -- Qualifications.
Section 
63M-7-402
,
Terms of members -- Vacancies -- Reappointment.
Section 
63M-7-403
,
Vacancies.
Section 
63M-7-404
,
Purpose -- Duties.
Section 
63M-7-406
,
Publication of reports.
Section 25. 
Effective date.
This bill takes effect on May 1, 2024.