Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 35 (2025GS)

Sponsor

Rep. Stoddard, Andrew

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• clarifies that the Department of Corrections is the agency that supervises sex offenders who are placed on probation;
• amends when the Department of Corrections or a county sheriff is required to register an offender on the Sex, Kidnap, and Child Abuse Offender Registry;
• requires the Department of Corrections to conduct a risk assessment for every individual convicted of a sex offense that would require the individual to register on the Sex, Kidnap, and Child Abuse Offender Registry;
• requires the Department of Corrections, until January 1, 2030, to submit the results of risk assessments for sex offenders to the State Commission on Criminal and Juvenile Justice; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

15
63I-2-277
64-13-21
77-41-104
77-41-115
Sex, Kidnap, and Child Abuse Offender Registry Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: Keith Grover
LONG TITLE
Committee Note:
 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
Legislative Vote:
12 voting for
0 voting against
6 absent
General Description:
This bill amends provisions related to the Sex, Kidnap, and Child Abuse Offender Registry.
Highlighted Provisions:
This bill:
clarifies that the Department of Corrections is the agency that supervises sex offenders 
who are placed on probation;
amends when the Department of Corrections or a county sheriff is required to register an 
offender on the Sex, Kidnap, and Child Abuse Offender Registry; 
requires the Department of Corrections to conduct a risk assessment for every individual 
convicted of a sex offense that would require the individual to register on the Sex, 
Kidnap, and Child Abuse Offender Registry;
requires the Department of Corrections, until January 1, 2030, to submit the results of risk 
assessments for sex offenders to 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:
63I-2-277
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
64-13-21
, as last amended by Laws of Utah 2024, Chapter 16
77-41-104
, as last amended by Laws of Utah 2023, Chapter 128
ENACTS:
77-41-115
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
63I-2-277
 is amended to read:
63I-2-277. Repeal dates: Title 77.
(1)
Subsection 
77-23f-102
(2)(a)(ii), regarding a notice for certain reverse-location search 
warrant applications, is repealed January 1, 2033.
(2)
Subsection 
77-23f-103
(2)(a)(ii), regarding a notice for certain reverse-location search 
warrant applications, is repealed January 1, 2033.
(3)
Subsection 
77-41-115(2)
, regarding the requirement for the Department of Corrections 
to submit the results of risk assessments for sex offenders to the State Commission on 
Criminal and Juvenile Justice, is repealed January 1, 2030.
Section 2, Section 
64-13-21
 is amended to read:
64-13-21. Supervision of sentenced offenders placed in community -- 
Rulemaking -- POST certified parole or probation officers and peace officers -- Duties -- 
Supervision fee.
(1)
(a)
The department, except as otherwise provided by law, shall supervise a sentenced 
offender placed in the community if the offender:
(i)
(A)
is placed on probation by a court;
(B)
is released on parole by the Board of Pardons and Parole; or
(C)
is accepted for supervision under the terms of the Interstate Compact for the 
Supervision of Parolees and Probationers; and
(ii)
has been convicted of:
(A)
a felony;
(B)
a class A misdemeanor when an element of the offense is the use or attempted 
use of physical force against an individual or property;
(C)
a class A misdemeanor when the offense would require the offender to 
register as a sex offender under Title 77, Chapter 41, Sex, Kidnap, and Child 
Abuse Offender Registry;
 or
(C)
(D)
notwithstanding Subsection (1)(a)(ii)(B), 
a class A misdemeanor if the 
department is ordered by a court to supervise the offender under Section 
77-18-105
.
(b)
If a sentenced offender participates in substance use treatment or a residential, 
vocational and life skills program, as defined in Section 
13-53-102
, while under 
supervision on probation or parole, the department shall monitor the offender's 
compliance with and completion of the treatment or program.
(c)
The department shall establish standards for:
(i)
the supervision of offenders in accordance with sentencing guidelines and 
supervision length guidelines, including the graduated and evidence-based 
responses, established by the Utah Sentencing Commission, giving priority, based 
on available resources, to felony offenders and offenders sentenced under 
Subsection 
58-37-8
 (2)(b)(ii); and
(ii)
the monitoring described in Subsection (1)(b).
(2)
The department shall apply the graduated and evidence-based responses established by 
the Utah Sentencing Commission to facilitate a prompt and appropriate response to an 
individual's violation of the terms of probation or parole, including:
(a)
sanctions to be used in response to a violation of the terms of probation or parole; and
(b)
requesting approval from the court or Board of Pardons and Parole to impose a 
sanction for an individual's violation of the terms of probation or parole, for a period 
of incarceration of not more than three consecutive days and not more than a total of 
six days within a period of 30 days.
(3)
The department shall implement a program of graduated incentives as established by the 
Utah Sentencing Commission to facilitate the department's prompt and appropriate 
response to an offender's:
(a)
compliance with the terms of probation or parole; or
(b)
positive conduct that exceeds those terms.
(4)
(a)
The department shall, in collaboration with the State Commission on Criminal 
and Juvenile Justice and the Division of Substance Abuse and Mental Health, create 
standards and procedures for the collection of information, including cost savings 
related to recidivism reduction and the reduction in the number of inmates, related to 
the use of the graduated and evidence-based responses and graduated incentives, and 
offenders' outcomes.
(b)
The collected information shall be provided to the State Commission on Criminal 
and Juvenile Justice not less frequently than annually on or before August 31.
(5)
Employees of the department who are POST certified as law enforcement officers or 
correctional officers and who are designated as parole and probation officers by the 
executive director have the following duties:
(a)
monitoring, investigating, and supervising a parolee's or probationer's compliance 
with the conditions of the parole or probation agreement;
(b)
investigating or apprehending any offender who has escaped from the custody of the 
department or absconded from supervision;
(c)
supervising any offender during transportation; or
(d)
collecting DNA specimens when the specimens are required under Section 
53-10-404
.
(6)
(a)
(i)
A monthly supervision fee of $30 shall be collected from each offender on 
probation or parole.
(ii)
The fee described in Subsection (6)(a)(i) may be suspended or waived by the 
department upon a showing by the offender that imposition would create a 
substantial hardship or if the offender owes restitution to a victim.
(b)
(i)
The department shall make rules in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act, specifying the criteria for suspension or 
waiver of the supervision fee and the circumstances under which an offender may 
request a hearing.
(ii)
In determining whether the imposition of the supervision fee would constitute a 
substantial hardship, the department shall consider the financial resources of the 
offender and the burden that the fee would impose, with regard to the offender's 
other obligations.
(7)
(a)
For offenders placed on probation under Section 
77-18-105
 or parole under 
Subsection 
76-3-202
(2)(a) on or after October 1, 2015, but before January 1, 2019, 
the department shall establish a program allowing an offender to earn credits for the 
offender's compliance with the terms of the offender's probation or parole, which 
shall be applied to reducing the period of probation or parole as provided in this 
Subsection (7).
(b)
The program shall provide that an offender earns a reduction credit of 30 days from 
the offender's period of probation or parole for each month the offender completes 
without any violation of the terms of the offender's probation or parole agreement, 
including the case action plan.
(c)
The department shall maintain a record of credits earned by an offender under this 
Subsection (7) and shall request from the court or the Board of Pardons and Parole 
the termination of probation or parole not fewer than 30 days prior to the termination 
date that reflects the credits earned under this Subsection (7).
(d)
This Subsection (7) does not prohibit the department from requesting a termination 
date earlier than the termination date established by earned credits under Subsection 
(7)(c).
(e)
The court or the Board of Pardons and Parole shall terminate an offender's probation 
or parole upon completion of the period of probation or parole accrued by time 
served and credits earned under this Subsection (7) unless the court or the Board of 
Pardons and Parole finds that termination would interrupt the completion of a 
necessary treatment program, in which case the termination of probation or parole 
shall occur when the treatment program is completed.
(f)
The department shall report annually to the State Commission on Criminal and 
Juvenile Justice on or before August 31:
(i)
the number of offenders who have earned probation or parole credits under this 
Subsection (7) in one or more months of the preceding fiscal year and the 
percentage of the offenders on probation or parole during that time that this 
number represents;
(ii)
the average number of credits earned by those offenders who earned credits;
(iii)
the number of offenders who earned credits by county of residence while on 
probation or parole;
(iv)
the cost savings associated with sentencing reform programs and practices; and
(v)
a description of how the savings will be invested in treatment and 
early-intervention programs and practices at the county and state levels.
Section 3, Section 
77-41-104
 is amended to read:
77-41-104. Registration of offenders -- Department and agency requirements.
(1)
The Department of Corrections shall register an offender in the custody of the 
Department of Corrections as required under this chapter upon:
(a)
placement on probation;
(b)
commitment to a secure correctional facility operated by or under contract to the 
Department of Corrections
 or escape from a secure correctional facility operated by 
or under contract to the Department of Corrections
;
(c)
release from confinement to parole status, termination or expiration of sentence, or 
escape
absconding from supervision
;
(d)
entrance to and release from any community-based residential program operated by 
or under contract to the Department of Corrections; or
(e)
termination of probation or parole.
(2)
The sheriff of the county in which an offender is confined shall register an offender with 
the department, as required under this chapter, if the offender is not in the custody of the 
Department of Corrections and is confined in a correctional facility not operated by or 
under contract to the Department of Corrections upon:
(a)
commitment to the correctional facility;
 and
(b)
escape from the secure correctional facility; or
(b)
(c)
release from confinement.
(3)
The division shall register an offender in the custody of the division with the 
department, as required under this chapter, before the offender's release from custody of 
the division.
(4)
A state mental hospital shall register an offender committed to the state mental hospital 
with the department, as required under this chapter, upon the offender's admission and 
upon the offender's discharge.
(5)
(a)
(i)
A municipal or county law enforcement agency shall register an offender 
who resides within the agency's jurisdiction and is not under the supervision of the 
Division of Adult Probation and Parole within the Department of Corrections.
(ii)
In order to conduct offender registration under this chapter, the agency shall 
ensure the agency staff responsible for registration:
(A)
has received initial training by the department and has been certified by the 
department as qualified and authorized to conduct registrations and enter 
offender registration information into the registry database; and
(B)
certify annually with the department.
(b)
(i)
When the department receives offender registration information regarding a 
change of an offender's primary residence location, the department shall within 
five days after the day on which the department receives the information 
electronically notify the law enforcement agencies that have jurisdiction over the 
area where:
(A)
the residence that the offender is leaving is located; and
(B)
the residence to which the offender is moving is located.
(ii)
The department shall provide notification under this Subsection 
(5)(b)
 if the 
offender's change of address is between law enforcement agency jurisdictions, or 
is within one jurisdiction.
(c)
The department shall make available to offenders required to register under this 
chapter the name of the agency, whether the agency is a local law enforcement 
agency or the department, that the offender should contact to register, the location for 
registering, and the requirements of registration.
(6)
An agency in the state that registers an offender on probation, an offender who has been 
released from confinement to parole status or termination, or an offender whose 
sentence has expired shall inform the offender of the duty to comply with the continuing 
registration requirements of this chapter during the period of registration required in 
Subsection 
77-41-105(3)
, including:
(a)
notification to the state agencies in the states where the registrant presently resides 
and plans to reside when moving across state lines;
(b)
verification of address at least every 60 days pursuant to a parole agreement for 
lifetime parolees; and
(c)
notification to the out-of-state agency where the offender is living, regardless of 
whether the offender is a resident of that state.
(7)
The department may make administrative rules necessary to implement this chapter, 
including:
(a)
the method for dissemination of the information; and
(b)
instructions to the public regarding the use of the information.
(8)
The department shall redact information regarding the identity or location of a victim 
from information provided under Subsections 
77-41-103(4)
 and 
77-41-105(7)
.
(9)
This chapter does not create or impose any duty on any person to request or obtain 
information regarding any offender from the department.
Section 4, Section 
77-41-115
 is enacted to read:
77-41-115. Sex offender risk assessment -- Department of Corrections 
responsibilities.
The Department of Corrections shall:
(1)
for a sex offender convicted after May 7, 2025, of an offense committed in this state 
described in Subsection 
77-41-102(19)
(a), conduct a risk assessment to ascertain the risk 
that the individual may commit another offense described in Subsection 
77-41-102(19)(a)
; and
(2)
30 days after the day on which a calendar quarterly period ends, submit the results of 
any risk assessments completed under Subsection 
(1)
 during the preceding quarter to the 
State Commission on Criminal and Juvenile Justice.
Section 1. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
12-18-24 5:28 PM