Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 163 (2025GS)

Sponsor

Rep. Burton, Jefferson S.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• establishes the Division of Adult Probation and Parole in the code;
• amends provisions throughout the code regarding the responsibility of the Department of Corrections to supervise individuals on probation or parole; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

99
13-53-106
17-55-201
41-6a-507
53-10-209
53-10-404
53-13-103
53B-35-202
58-37f-301
58-50-10
59-27-105
63A-16-1002
63A-17-512
63B-12-301
63M-7-404.3
63M-7-1002
64-13-6
64-13-14.5
64-13-21.2
64-13-26
64-13e-102
64-14-101
64-14-201
64-14-202
64-14-203
64-13-21
64-13-29
64-13g-101
64-13g-102
64-13g-103
76-3-202
76-3-409
77-2a-2
77-2a-3
77-16a-103
77-16a-205
77-18-102
77-18-105
77-18-107
77-18-108
77-18-109
77-20-203
77-20-204
77-27-10
77-27-10.5
77-27-11
77-32b-102
77-36-5.1
77-38-3
77-38-611
77-38b-102
77-38b-304
77-38b-401
77-40a-205
77-40a-305
77-41-104
77-41-105
78B-7-807
Adult Probation and Parole Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson S. Burton
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill amends provisions related to the Division of Adult Probation and Parole within the 
Department of Corrections.
Highlighted Provisions:
This bill:
establishes the Division of Adult Probation and Parole in the code;
amends provisions throughout the code regarding the responsibility of the Department of 
Corrections to supervise individuals on probation or parole; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-53-106
, as enacted by Laws of Utah 2018, Chapter 252
17-55-201
, as last amended by Laws of Utah 2024, Chapter 187
41-6a-507
, as last amended by Laws of Utah 2021, Chapter 342
53-10-209
, as renumbered and amended by Laws of Utah 1998, Chapter 263
53-10-404
, as last amended by Laws of Utah 2024, Chapter 234
53-13-103
, as last amended by Laws of Utah 2024, Chapter 80
53B-35-202
, as last amended by Laws of Utah 2024, Chapter 144
58-37f-301
, as last amended by Laws of Utah 2023, Chapter 329
58-50-10
, as last amended by Laws of Utah 2021, Chapter 260
59-27-105
, as last amended by Laws of Utah 2013, Chapter 400
63A-16-1002
, as last amended by Laws of Utah 2024, Chapter 467
63A-17-512
, as last amended by Laws of Utah 2024, Chapter 80
63B-12-301
, as last amended by Laws of Utah 2023, Chapter 369
63M-7-404.3
, as enacted by Laws of Utah 2024, Chapter 197
63M-7-1002
, as enacted by Laws of Utah 2024, Chapter 160
64-13-6
, as last amended by Laws of Utah 2024, Chapters 144, 208
64-13-14.5
, as last amended by Laws of Utah 2024, Chapters 96, 187 and 208
64-13-26
, as last amended by Laws of Utah 2022, Chapter 187
64-13e-102
, as last amended by Laws of Utah 2024, Chapter 467
76-3-202
, as last amended by Laws of Utah 2024, Chapter 208
76-3-409
, as last amended by Laws of Utah 1985, Chapter 212
77-2a-2
, as last amended by Laws of Utah 2024, Chapter 208
77-2a-3
, as last amended by Laws of Utah 2024, Chapter 180
77-16a-103
, as last amended by Laws of Utah 2024, Chapter 177
77-16a-205
, as last amended by Laws of Utah 2023, Chapter 184
77-18-102
, as last amended by Laws of Utah 2024, Chapters 245, 434
77-18-105
, as last amended by Laws of Utah 2024, Chapters 187, 208
77-18-107
, as enacted by Laws of Utah 2021, Chapter 260
77-18-108
, as last amended by Laws of Utah 2024, Chapter 208
77-18-109
, as enacted by Laws of Utah 2021, Chapter 260
77-20-203
, as last amended by Laws of Utah 2024, Chapter 16
77-20-204
, as last amended by Laws of Utah 2024, Chapter 16
77-27-10
, as last amended by Laws of Utah 2024, Chapter 208
77-27-10.5
, as last amended by Laws of Utah 2023, Chapter 184
77-27-11
, as last amended by Laws of Utah 2024, Chapter 208
77-32b-102
, as last amended by Laws of Utah 2024, Chapter 389
77-36-5.1
, as last amended by Laws of Utah 2021, Chapter 159
77-38-3
, as last amended by Laws of Utah 2024, Chapter 240
77-38-611
, as last amended by Laws of Utah 2023, Chapter 237
77-38b-102
, as last amended by Laws of Utah 2024, Chapter 330
77-38b-304
, as last amended by Laws of Utah 2023, Chapter 113
77-38b-401
, as renumbered and amended by Laws of Utah 2021, Chapter 260
77-40a-205
, as enacted by Laws of Utah 2024, Chapter 180
77-40a-305
, as last amended by Laws of Utah 2024, Chapter 180
77-41-104
, as last amended by Laws of Utah 2023, Chapter 128
77-41-105
, as last amended by Laws of Utah 2024, Chapter 234
78B-7-807
, as enacted by Laws of Utah 2020, Chapter 142
ENACTS:
64-14-101
, Utah Code Annotated 1953
64-14-201
, Utah Code Annotated 1953
64-14-202
, Utah Code Annotated 1953
64-14-203
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
64-14-204
, (Renumbered from 64-13-21, as last amended by Laws of Utah 2024, 
Chapters 208, 434)
64-14-205
, (Renumbered from 64-13-29, as last amended by Laws of Utah 2024, 
Chapter 16)
64-14-301
, (Renumbered from 64-13g-101, as enacted by Laws of Utah 2022, 
Chapter 393)
64-14-302
, (Renumbered from 64-13g-102, as last amended by Laws of Utah 2024, 
Chapter 208)
64-14-303
, (Renumbered from 64-13g-103, as enacted by Laws of Utah 2022, 
Chapter 393)
REPEALS:
64-13-21.2
, as last amended by Laws of Utah 2010, Chapter 391
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
13-53-106
 is amended to read:
13-53-106. Disclosure to participants.
(1)
Before accepting a participant, a residential, vocational and life skills program shall 
provide to the prospective participant a written disclosure.
(2)
The written disclosure shall include:
(a)
a statement that the program is a registered residential, vocational and life skills 
program, but that the residential, vocational and life skills program is not endorsed by 
the state or the division;
(b)
a statement that the prospective participant's continuation in the program is voluntary 
and that a participant may leave at any time;
(c)
the conditions under which a participant is removed from the residential, vocational 
and life skills program or required to leave a program facility;
(d)
a statement that the residential, vocational and life skills program will contact 
the 
Division of 
Adult Probation and Parole
 created in Section 
64-14-202
, if required by 
law; and
(e)
a description of:
(i)
the lodging, food, clothing, and other resources that are available to a participant;
(ii)
the nature and scope of the residential, vocational and life skills program, 
including any activities or work that a participant is required to perform;
(iii)
the scope and substance of peer-led activities;
(iv)
the types of vocational training available to a participant, including the 
limitations on availability;
(v)
the nature and extent of possible exposure to profanity, accusation, confrontation, 
nonphysical threats, or nonphysical corrective interaction;
(vi)
the terms of any prohibition from contact with a participant's family, friends, or 
associates; and
(vii)
any crimes committed within the previous two years at the residential, 
vocational and life skills program facility or at a vocational training entity 
affiliated with the residential, vocational and life skills program.
Section 2, Section 
17-55-201
 is amended to read:
17-55-201. Criminal justice coordinating councils -- Creation -- Strategic plan -- 
Reporting requirements.
(1)
(a)
Beginning January 1, 2023, a county shall:
(i)
create a criminal justice coordinating council; or
(ii)
jointly with another county or counties, create a criminal justice coordinating 
council.
(b)
The purpose of a council is to coordinate and improve components of the criminal 
justice system in the county or counties.
(2)
(a)
A council shall include:
(i)
one county commissioner or county council member;
(ii)
the county sheriff or the sheriff's designee;
(iii)
one chief of police of a municipality within the county or the chief's designee;
(iv)
the county attorney or the attorney's designee;
(v)
one public defender or attorney who provides public defense within the county;
(vi)
one district court judge;
(vii)
one justice court judge;
(viii)
one representative from the Division of Adult Probation and Parole 
within the 
Department of Corrections
created in Section 
64-14-202
;
(ix)
one representative from the local mental health authority within the county; and
(x)
one individual who is:
(A)
a crime victim; or
(B)
a victim advocate, as defined in Section 
77-38-403
.
(b)
A council may include:
(i)
an individual representing:
(A)
local government;
(B)
human services programs;
(C)
higher education;
(D)
peer support services;
(E)
workforce services;
(F)
local housing services;
(G)
mental health or substance use disorder providers;
(H)
a health care organization within the county;
(I)
a local homeless council;
(J)
family counseling and support groups; or
(K)
organizations that work with families of incarcerated individuals; or
(ii)
an individual with lived experiences in the criminal justice system.
(3)
(a)
A member who is an elected county official shall serve as chair of the council.
(b)
The council shall elect the member to serve as chair under Subsection (3)(a).
(4)
(a)
A council shall develop and implement a strategic plan for the county's or 
counties' criminal justice system that includes:
(i)
mapping of all systems, resources, assets, and services within the county's or 
counties' criminal justice system;
(ii)
a plan for data sharing across the county's or counties' criminal justice system;
(iii)
recidivism reduction objectives; and
(iv)
community reintegration goals.
(b)
The commission may assist a council in the development of a strategic plan.
(5)
As part of the council's duties described in Subsection (4)(a)(i), the council shall prepare 
a list of private probation providers for a court to provide to defendants as described in 
Section 
77-18-105
.
(6)
Before November 30 of each year, a council shall provide a written report to the 
commission regarding:
(a)
the implementation of a strategic plan described in Subsection (4); and
(b)
any data on the impact of the council on the criminal justice system in the county or 
counties.
Section 3, Section 
41-6a-507
 is amended to read:
41-6a-507. Supervised probation for certain driving under the influence 
violations.
(1)
If supervised probation is ordered under Section 
41-6a-505
 or 
41-6a-517
:
(a)
the court shall specify the period of the probation;
(b)
the person shall pay all of the costs of the probation; and
(c)
the court may order any other conditions of the probation.
(2)
(a)
Subject to Subsection 
(2)(b)
, the court shall provide the probation described in this 
section by contract with a probation monitoring agency or a private probation 
provider.
(b)
If a court determines that a person is subject to supervised probation provided by 
the 
Division of 
Adult Probation and Parole
 created in Section 
64-14-202
 for an offense 
other than the offense for which probation is ordered under Section 
41-6a-505
 or 
41-6a-517
, the court may order supervised probation to be provided by 
the Division 
of 
Adult Probation and Parole.
(3)
The probation provider described in Subsection 
(2)
 shall monitor the person's 
compliance with all conditions of the person's sentence, conditions of probation, and 
court orders received under this part and shall notify the court of any failure to comply 
with or complete that sentence or those conditions or orders.
(4)
(a)
The court may waive all or part of the costs associated with probation if the 
person is determined to be indigent by the court.
(b)
The probation provider described in Subsection 
(2)
 shall cover the costs of waivers 
by the court under Subsection 
(4)(a)
.
Section 4, Section 
53-10-209
 is amended to read:
53-10-209. Penal institutions and state hospital to supply information.
(1)
The warden of the state prison, keeper of any jail or correctional institution, and 
superintendent of the state hospital shall forward to the division:
(a)
the fingerprints and recent photographs of all persons confined in each institution 
under criminal commitment;
(b)
information relating to the parole, termination or expiration of sentence, or any other 
release of each person from confinement during the preceding month; and
(c)
a photograph taken near the time of release.
(2)
The 
adult probation and parole section of the Department of Corrections
Division of 
Adult Probation and Parole created in Section 
64-14-202
 shall furnish to the division:
(a)
information relating to the revocation or termination of probation or parole; and
(b)
upon request, the names, fingerprints, photographs, and other data.
(3)
The chair of the Board of Pardons and Parole shall provide to the division information 
regarding the issuance, recall, cancellation, or modification of any warrant issued by 
members of the Board of Pardons and Parole, under Section 
77-27-11
, within one day of 
issuance.
(4)
Information provided to the division under this section shall be on forms designated by 
the division.
Section 5, Section 
53-10-404
 is amended to read:
53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.
(1)
As used in this section, "person" means a person or minor described in Section 
53-10-403
.
(2)
(a)
A person under Section 
53-10-403
 or any person required to register as a sex 
offender, kidnap offender, or child abuse offender under Title 77, Chapter 41, Sex, 
Kidnap, and Child Abuse Offender Registry, shall provide a DNA specimen and shall 
reimburse the agency responsible for obtaining the DNA specimen $150 for the cost 
of obtaining the DNA specimen unless:
(i)
the person was booked under Section 
53-10-403
 and is not required to reimburse 
the agency under Section 
53-10-404.5
; or
(ii)
the agency determines the person lacks the ability to pay.
(b)
(i)
(A)
The responsible agencies shall establish guidelines and procedures for 
determining if the person is able to pay the fee.
(B)
An agency's implementation of Subsection (2)(b)(i) meets an agency's 
obligation to determine an inmate's ability to pay.
(ii)
An agency's guidelines and procedures may provide for the assessment of $150 
on the inmate's county trust fund account and may allow a negative balance in the 
account until the $150 is paid in full.
(3)
(a)
(i)
All fees collected under Subsection (2) shall be deposited into the DNA 
Specimen Restricted Account created in Section 
53-10-407
, except that the 
agency collecting the fee may retain not more than $25 per individual specimen 
for the costs of obtaining the saliva DNA specimen.
(ii)
The agency collecting the $150 fee may not retain from each separate fee more 
than $25, and no amount of the $150 fee may be credited to any other fee or 
agency obligation.
(b)
The responsible agency shall determine the method of collecting the DNA specimen. 
Unless the responsible agency determines there are substantial reasons for using a 
different method of collection or the person refuses to cooperate with the collection, 
the preferred method of collection shall be obtaining a saliva specimen.
(c)
The responsible agency may use reasonable force, as established by its guidelines 
and procedures, to collect the DNA sample if the person refuses to cooperate with the 
collection.
(d)
If the judgment places the person on probation, the person shall submit to the 
obtaining of a DNA specimen as a condition of the probation.
(e)
(i)
Under this section a person is required to provide one DNA specimen and pay 
the collection fee as required under this section.
(ii)
The person shall provide an additional DNA specimen only if the DNA specimen 
previously provided is not adequate for analysis.
(iii)
The collection fee is not imposed for a second or subsequent DNA specimen 
collected under this section.
(f)
Any agency that is authorized to obtain a DNA specimen under this part may collect 
any outstanding amount of a fee due under this section from any person who owes 
any portion of the fee and deposit the amount in the DNA Specimen Restricted 
Account created in Section 
53-10-407
.
(4)
(a)
The responsible agency shall cause a DNA specimen to be obtained as soon as 
possible and transferred to the Department of Public Safety:
(i)
after a conviction or an adjudication by the juvenile court;
(ii)
on and after January 1, 2011, through December 31, 2014, after the booking of a 
person for any offense under Subsection 
53-10-403
(1)(c); and
(iii)
on and after January 1, 2015, after the booking of a person for any felony 
offense, as provided under Subsection 
53-10-403
(1)(d)(ii).
(b)
On and after May 13, 2014, through December 31, 2014, the responsible agency may 
cause a DNA specimen to be obtained and transferred to the Department of Public 
Safety after the booking of a person for any felony offense, as provided under 
Subsection 
53-10-403
(1)(d)(i).
(c)
If notified by the Department of Public Safety that a DNA specimen is not adequate 
for analysis, the agency shall, as soon as possible:
(i)
obtain and transmit an additional DNA specimen; or
(ii)
request that another agency that has direct access to the person and that is 
authorized to collect DNA specimens under this section collect the necessary 
second DNA specimen and transmit it to the Department of Public Safety.
(d)
Each agency that is responsible for collecting DNA specimens under this section 
shall establish:
(i)
a tracking procedure to record the handling and transfer of each DNA specimen it 
obtains; and
(ii)
a procedure to account for the management of all fees it collects under this 
section.
(5)
(a)
The Department of Corrections is the responsible agency whenever the person is 
committed to the custody of or is under the supervision of the 
Department of 
Corrections
Division of Adult Probation and Parole created in Section 
64-14-202
.
(b)
If a minor described in Subsection 
53-10-403(3)
 is not committed to the legal 
custody of the Division of Juvenile Justice and Youth Services upon an adjudication, 
the juvenile court is the responsible agency regarding the collection of a DNA 
specimen from the minor.
(c)
If a minor described in Subsection 
53-10-403(3)
 is committed to the legal custody of 
the Division of Juvenile Justice and Youth Services upon an adjudication, the 
Division of Juvenile Justice and Youth Services is the responsible agency regarding 
the collection of a DNA specimen from the minor
.
(d)
The sheriff operating a county jail is the responsible agency regarding the collection 
of DNA specimens from persons who:
(i)
have pled guilty to or have been convicted of an offense listed under Subsection 
53-10-403
(2) but who have not been committed to the custody of 
the Department 
of Corrections 
or are not under the supervision of the 
Department of Corrections
Division of Adult Probation and Parole created in Section 
64-14-202
;
(ii)
are incarcerated in the county jail:
(A)
as a condition of probation for a felony offense; or
(B)
for a misdemeanor offense for which collection of a DNA specimen is 
required;
(iii)
on and after January 1, 2011, through May 12, 2014, are booked at the county 
jail for any offense under Subsection 
53-10-403
(1)(c); and
(iv)
are booked at the county jail:
(A)
by a law enforcement agency that is obtaining a DNA specimen for any felony 
offense on or after May 13, 2014, through December 31, 2014, under 
Subsection 
53-10-404
(4)(b); or
(B)
on or after January 1, 2015, for any felony offense.
(e)
Each agency required to collect a DNA specimen under this section shall:
(i)
designate employees to obtain the saliva DNA specimens required under this 
section; and
(ii)
ensure that employees designated to collect the DNA specimens receive 
appropriate training and that the specimens are obtained in accordance with 
generally accepted protocol.
(6)
(a)
As used in this Subsection (6), "department" means the Department of Corrections.
(b)
Priority of obtaining DNA specimens by the department is:
(i)
first, to obtain DNA specimens of persons who as of July 1, 2002, are in the 
custody of or under the supervision of the department before these persons are 
released from incarceration, parole, or probation, if their release date is prior to 
that of persons under Subsection (6)(b)(ii), but in no case later than July 1, 2004; 
and
(ii)
second, the department shall obtain DNA specimens from persons who are 
committed to the custody of the department or who are placed under the 
supervision of the department after July 1, 2002, within 120 days after the 
commitment, if possible, but not later than prior to release from incarceration if 
the person is imprisoned, or prior to the termination of probation if the person is 
placed on probation.
(c)
The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii) 
is:
(i)
first, persons on probation;
(ii)
second, persons on parole; and
(iii)
third, incarcerated persons.
(d)
Implementation of the schedule of priority under Subsection (6)(c) is subject to the 
priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains 
DNA specimens from persons in the custody of or under the supervision of the 
Department of Corrections as of July 1, 2002, prior to their release.
(7)
(a)
As used in this Subsection (7):
(i)
"Court" means the juvenile court.
(ii)
"Division" means the Division of Juvenile Justice and Youth Services.
(b)
Priority of obtaining DNA specimens by the court from minors under Section 
53-10-403
 whose cases are under the jurisdiction of the court but who are not in the 
legal custody of the division shall be:
(i)
first, to obtain specimens from minors whose cases, as of July 1, 2002, are under 
the court's jurisdiction, before the court's jurisdiction over the minors' cases 
terminates; and
(ii)
second, to obtain specimens from minors whose cases are under the jurisdiction 
of the court after July 1, 2002, within 120 days of the minor's case being found to 
be within the court's jurisdiction, if possible, but no later than before the court's 
jurisdiction over the minor's case terminates.
(c)
Priority of obtaining DNA specimens by the division from minors under Section 
53-10-403
 who are committed to the legal custody of the division shall be:
(i)
first, to obtain specimens from minors who as of July 1, 2002, are within the 
division's legal custody and who have not previously provided a DNA specimen 
under this section, before termination of the division's legal custody of these 
minors; and
(ii)
second, to obtain specimens from minors who are placed in the legal custody of 
the division after July 1, 2002, within 120 days of the minor's being placed in the 
custody of the division, if possible, but no later than before the termination of the 
court's jurisdiction over the minor's case.
(8)
(a)
The Department of Corrections, the juvenile court, the Division of Juvenile Justice 
and Youth Services, and all law enforcement agencies in the state shall by policy 
establish procedures for obtaining saliva DNA specimens, and shall provide training 
for employees designated to collect saliva DNA specimens.
(b)
(i)
The department may designate correctional officers, including those employed 
by the 
adult probation and parole section of the department
Division of Adult 
Probation and Parole created in Section 
64-14-202
, to obtain the saliva DNA 
specimens required under this section.
(ii)
The department shall ensure that the designated employees receive appropriate 
training and that the specimens are obtained in accordance with accepted protocol.
(c)
Blood DNA specimens shall be obtained in accordance with Section 
53-10-405
.
Section 6, Section 
53-13-103
 is amended to read:
53-13-103. Law enforcement officer.
(1)
(a)
"Law enforcement officer" means a sworn and certified peace officer:
(i)
who is an employee of a law enforcement agency; and
(ii)
whose primary and principal duties consist of the prevention and detection of 
crime and the enforcement of criminal statutes or ordinances of this state or any of 
its political subdivisions.
(b)
"Law enforcement officer" includes the following:
(i)
a sheriff or deputy sheriff, chief of police, police officer, or marshal of any county, 
city, or town;
(ii)
the commissioner of public safety and any member of the Department of Public 
Safety certified as a peace officer;
(iii)
all individuals specified in Section 
79-2-704
;
(iv)
a police officer employed by a state institution of higher education;
(v)
investigators for the Motor Vehicle Enforcement Division;
(vi)
investigators for the Department of Insurance, Fraud Division;
(vii)
special agents or investigators employed by the attorney general, district 
attorneys, and county attorneys;
(viii)
employees of the Department of Natural Resources designated as peace officers 
by law;
(ix)
school district police officers as designated by the board of education for the 
school district;
(x)
the executive director of the Department of Corrections and any correctional 
enforcement or investigative officer designated by the executive director and 
approved by the commissioner of public safety and certified by the division;
(xi)
correctional enforcement, investigative, or 
adult probation and parole
Division 
of Adult Probation and Parole
 officers employed by the Department of 
Corrections serving on or before July 1, 1993;
(xii)
members of a law enforcement agency established by a private college or 
university if the agency is certified by the commissioner under 
Title 53, 
Chapter 
19, Certification of Private Law Enforcement Agency;
(xiii)
airport police officers of any airport owned or operated by the state or any of its 
political subdivisions; and
(xiv)
transit police officers designated under Section 
17B-2a-822
.
(2)
Law enforcement officers may serve criminal process and arrest violators of any law of 
this state and have the right to require aid in executing their lawful duties.
(3)
(a)
A law enforcement officer has statewide full-spectrum peace officer authority, but 
the authority extends to other counties, cities, or towns only when the officer is acting 
under Title 77, Chapter 9, Uniform Act on Fresh Pursuit, unless the law enforcement 
officer is employed by the state.
(b)
(i)
A local law enforcement agency may limit the jurisdiction in which its law 
enforcement officers may exercise their peace officer authority to a certain 
geographic area.
(ii)
Notwithstanding Subsection (3)(b)(i), a law enforcement officer may exercise 
authority outside of the limited geographic area, pursuant to Title 77, Chapter 9, 
Uniform Act on Fresh Pursuit, if the officer is pursuing an offender for an offense 
that occurred within the limited geographic area.
(c)
The authority of law enforcement officers employed by the Department of 
Corrections is regulated by Title 64, Chapter 13, Department of Corrections - State 
Prison.
(4)
A law enforcement officer shall, prior to exercising peace officer authority:
(a)
(i)
have satisfactorily completed the requirements of Section 
53-6-205
; or
(ii)
have met the waiver requirements in Section 
53-6-206
; and
(b)
have satisfactorily completed annual certified training of at least 40 hours per year as 
directed by the director of the division, with the advice and consent of the council.
Section 7, Section 
53B-35-202
 is amended to read:
53B-35-202. Council duties -- Reporting.
(1)
The council shall:
(a)
coordinate, facilitate, and support higher education delivered in the state's 
correctional facilities, including the county jails under contract with the Department 
of Corrections to house inmates, to prepare incarcerated individuals for integration 
and productive employment upon release;
(b)
explore and provide recommendations to the board and the Department of 
Corrections for the efficient and effective delivery of higher education programs to 
incarcerated individuals, including:
(i)
evidence-based practices and technologies;
(ii)
methods of maximizing and facilitating incarcerated individuals' access to 
educational programs;
(iii)
methods of supporting and facilitating timely completion of courses, certificates, 
and degrees;
(iv)
methods of emphasizing educational programs that:
(A)
align with current and future workforce demands of the state;
(B)
lead to occupations that are accessible to released incarcerated individuals;
(C)
provide sustainable wages following release; and
(D)
maximize accessibility and timely completion during incarceration;
(v)
use of cross-institutional application of coursework toward certificates and 
degrees;
(vi)
use of coursework that encourages personal and civic development; and
(vii)
methods of leveraging innovative course delivery, including technology 
resources;
(c)
explore methods and make recommendations for the collection and analysis of 
critical data regarding:
(i)
enrollment and completion of postsecondary education courses, certificate 
programs, credentials, and degree programs;
(ii)
federal and state student aid awarded to incarcerated individuals;
(iii)
costs of postsecondary education in prison, including any recommendations for 
continued improvement; and
(iv)
outcomes of formerly incarcerated individuals who participated in postsecondary 
programming during incarceration if the individual is under the supervision of the 
Department of Corrections
Division of Adult Probation and Parole created in 
Section 
64-14-202
, including recidivism, employment, and post-release 
postsecondary education engagement; and
(d)
recommend requests for legislative appropriations to the board to support the 
purposes and objectives of the council.
(2)
The council shall annually report regarding the council's plans and programs, the 
number of enrollees served, and the number of enrollees receiving degrees and 
certificates to:
(a)
the board;
(b)
before the committee's November interim committee meeting, the Education Interim 
Committee; and
(c)
at least 30 days before the beginning of the annual legislative session, the Higher 
Education Appropriations Subcommittee.
Section 8, Section 
58-37f-301
 is amended to read:
58-37f-301. Access to database.
(1)
The division shall make rules, in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, to:
(a)
effectively enforce the limitations on access to the database as described in this part; 
and
(b)
establish standards and procedures to ensure accurate identification of individuals 
requesting information or receiving information without request from the database.
(2)
The division shall make information in the database and information obtained from 
other state or federal prescription monitoring programs by means of the database 
available only to the following individuals, in accordance with the requirements of this 
chapter and division rules:
(a)
(i)
personnel of the division specifically assigned to conduct investigations related 
to controlled substance laws under the jurisdiction of the division; and
(ii)
the following law enforcement officers, but the division may only provide 
nonidentifying information, limited to gender, year of birth, and postal ZIP code, 
regarding individuals for whom a controlled substance has been prescribed or to 
whom a controlled substance has been dispensed:
(A)
a law enforcement agency officer who is engaged in a joint investigation with 
the division; and
(B)
a law enforcement agency officer to whom the division has referred a 
suspected criminal violation of controlled substance laws;
(b)
authorized division personnel engaged in analysis of controlled substance 
prescription information as a part of the assigned duties and responsibilities of their 
employment;
(c)
a board member if:
(i)
the board member is assigned to monitor a licensee on probation; and
(ii)
the board member is limited to obtaining information from the database regarding 
the specific licensee on probation;
(d)
a person the division authorizes to obtain that information on behalf of the Utah 
Professionals Health Program established in Subsection 
58-4a-103(1)
 if:
(i)
the person the division authorizes is limited to obtaining information from the 
database regarding the person whose conduct is the subject of the division's 
consideration; and
(ii)
the conduct that is the subject of the division's consideration includes a violation 
or a potential violation of 
Chapter 37, Utah Controlled Substances Act
, or another 
relevant violation or potential violation under this title;
(e)
in accordance with a written agreement entered into with the department, employees 
of the Department of Health and Human Services:
(i)
whom the director of the Department of Health and Human Services assigns to 
conduct scientific studies regarding the use or abuse of controlled substances, if 
the identity of the individuals and pharmacies in the database are confidential and 
are not disclosed in any manner to any individual who is not directly involved in 
the scientific studies;
(ii)
when the information is requested by the Department of Health and Human 
Services in relation to a person or provider whom the Department of Health and 
Human Services suspects may be improperly obtaining or providing a controlled 
substance; or
(iii)
in the medical examiner's office;
(f)
in accordance with a written agreement entered into with the department, a designee 
of the director of the Department of Health and Human Services, who is not an 
employee of the Department of Health and Human Services, whom the director of the 
Department of Health and Human Services assigns to conduct scientific studies 
regarding the use or abuse of controlled substances pursuant to an application process 
established in rule by the Department of Health and Human Services, if:
(i)
the designee provides explicit information to the Department of Health and 
Human Services regarding the purpose of the scientific studies;
(ii)
the scientific studies to be conducted by the designee:
(A)
fit within the responsibilities of the Department of Health and Human 
Services for health and welfare;
(B)
are reviewed and approved by an Institutional Review Board that is approved 
for human subject research by the United States Department of Health and 
Human Services;
(C)
are not conducted for profit or commercial gain; and
(D)
are conducted in a research facility, as defined by division rule, that is 
associated with a university or college accredited by one or more regional or 
national accrediting agencies recognized by the United States Department of 
Education;
(iii)
the designee protects the information as a business associate of the Department 
of Health and Human Services; and
(iv)
the identity of the prescribers, patients, and pharmacies in the database are 
de-identified, confidential, and not disclosed in any manner to the designee or to 
any individual who is not directly involved in the scientific studies;
(g)
in accordance with a written agreement entered into with the department and the 
Department of Health and Human Services, authorized employees of a managed care 
organization, as defined in 42 C.F.R. Sec. 438, if:
(i)
the managed care organization contracts with the Department of Health and 
Human Services under the provisions of Section 
26B-3-202
 and the contract 
includes provisions that:
(A)
require a managed care organization employee who will have access to 
information from the database to submit to a criminal background check; and
(B)
limit the authorized employee of the managed care organization to requesting 
either the division or the Department of Health and Human Services to conduct 
a search of the database regarding a specific Medicaid enrollee and to report 
the results of the search to the authorized employee; and
(ii)
the information is requested by an authorized employee of the managed care 
organization in relation to a person who is enrolled in the Medicaid program with 
the managed care organization, and the managed care organization suspects the 
person may be improperly obtaining or providing a controlled substance;
(h)
a licensed practitioner having authority to prescribe controlled substances, to the 
extent the information:
(i)
(A)
relates specifically to a current or prospective patient of the practitioner; and
(B)
is provided to or sought by the practitioner for the purpose of:
(I)
prescribing or considering prescribing any controlled substance to the 
current or prospective patient;
(II)
diagnosing the current or prospective patient;
(III)
providing medical treatment or medical advice to the current or 
prospective patient; or
(IV)
determining whether the current or prospective patient:
(Aa)
is attempting to fraudulently obtain a controlled substance from the 
practitioner; or
(Bb)
has fraudulently obtained, or attempted to fraudulently obtain, a 
controlled substance from the practitioner;
(ii)
(A)
relates specifically to a former patient of the practitioner; and
(B)
is provided to or sought by the practitioner for the purpose of determining 
whether the former patient has fraudulently obtained, or has attempted to 
fraudulently obtain, a controlled substance from the practitioner;
(iii)
relates specifically to an individual who has access to the practitioner's Drug 
Enforcement Administration identification number, and the practitioner suspects 
that the individual may have used the practitioner's Drug Enforcement 
Administration identification number to fraudulently acquire or prescribe a 
controlled substance;
(iv)
relates to the practitioner's own prescribing practices, except when specifically 
prohibited by the division by administrative rule;
(v)
relates to the use of the controlled substance database by an employee of the 
practitioner, described in Subsection 
(2)(i)
; or
(vi)
relates to any use of the practitioner's Drug Enforcement Administration 
identification number to obtain, attempt to obtain, prescribe, or attempt to 
prescribe, a controlled substance;
(i)
in accordance with Subsection 
(3)(a)
, an employee of a practitioner described in 
Subsection 
(2)(h)
, for a purpose described in Subsection 
(2)(h)(i)
 or 
(ii)
, if:
(i)
the employee is designated by the practitioner as an individual authorized to 
access the information on behalf of the practitioner;
(ii)
the practitioner provides written notice to the division of the identity of the 
employee; and
(iii)
the division:
(A)
grants the employee access to the database; and
(B)
provides the employee with a password that is unique to that employee to 
access the database in order to permit the division to comply with the 
requirements of Subsection 
58-37f-203(7)
 with respect to the employee;
(j)
an employee of the same business that employs a licensed practitioner under 
Subsection 
(2)(h)
 if:
(i)
the employee is designated by the practitioner as an individual authorized to 
access the information on behalf of the practitioner;
(ii)
the practitioner and the employing business provide written notice to the division 
of the identity of the designated employee; and
(iii)
the division:
(A)
grants the employee access to the database; and
(B)
provides the employee with a password that is unique to that employee to 
access the database in order to permit the division to comply with the 
requirements of Subsection 
58-37f-203(7)
 with respect to the employee;
(k)
a licensed pharmacist having authority to dispense a controlled substance, or a 
licensed pharmacy intern or pharmacy technician working under the general 
supervision of a licensed pharmacist, to the extent the information is provided or 
sought for the purpose of:
(i)
dispensing or considering dispensing any controlled substance;
(ii)
determining whether a person:
(A)
is attempting to fraudulently obtain a controlled substance from the pharmacy, 
practitioner, or health care facility; or
(B)
has fraudulently obtained, or attempted to fraudulently obtain, a controlled 
substance from the pharmacy, practitioner, or health care facility;
(iii)
reporting to the controlled substance database; or
(iv)
verifying the accuracy of the data submitted to the controlled substance database 
on behalf of a pharmacy where the licensed pharmacist, pharmacy intern, or 
pharmacy technician is employed;
(l)
pursuant to a valid search warrant, federal, state, and local law enforcement officers 
and state and local prosecutors who are engaged in an investigation related to:
(i)
one or more controlled substances; and
(ii)
a specific person who is a subject of the investigation;
(m)
subject to Subsection 
(7)
, a probation or parole officer, employed by the 
Department of Corrections
Division of Adult Probation and Parole created in Section 
64-14-202
 or by a political subdivision, to gain access to database information 
necessary for the officer's supervision of a specific probationer or parolee who is 
under the officer's direct supervision;
(n)
employees of the Office of Internal Audit within the Department of Health and 
Human Services who are engaged in their specified duty of ensuring Medicaid 
program integrity under Section 
26B-3-104
;
(o)
a mental health therapist, if:
(i)
the information relates to a patient who is:
(A)
enrolled in a licensed substance abuse treatment program; and
(B)
receiving treatment from, or under the direction of, the mental health therapist 
as part of the patient's participation in the licensed substance abuse treatment 
program described in Subsection 
(2)(o)(i)(A)
;
(ii)
the information is sought for the purpose of determining whether the patient is 
using a controlled substance while the patient is enrolled in the licensed substance 
abuse treatment program described in Subsection 
(2)(o)(i)(A)
; and
(iii)
the licensed substance abuse treatment program described in Subsection 
(2)(o)(i)(A)
 is associated with a practitioner who:
(A)
is a physician, a physician assistant, an advance practice registered nurse, or a 
pharmacist; and
(B)
is available to consult with the mental health therapist regarding the 
information obtained by the mental health therapist, under this Subsection 
(2)(o)
, from the database;
(p)
an individual who is the recipient of a controlled substance prescription entered into 
the database, upon providing evidence satisfactory to the division that the individual 
requesting the information is in fact the individual about whom the data entry was 
made;
(q)
an individual under Subsection 
(2)(p)
 for the purpose of obtaining a list of the 
persons and entities that have requested or received any information from the 
database regarding the individual, except if the individual's record is subject to a 
pending or current investigation as authorized under this Subsection 
(2)
;
(r)
the inspector general, or a designee of the inspector general, of the Office of 
Inspector General of Medicaid Services, for the purpose of fulfilling the duties 
described in 
Title 63A, Chapter 13, Part 2, Office and Powers
;
(s)
the following licensed physicians for the purpose of reviewing and offering an 
opinion on an individual's request for workers' compensation benefits under 
Title 
34A, Chapter 2, Workers' Compensation Act
, or 
Title 34A, Chapter 3, Utah 
Occupational Disease Act
:
(i)
a member of the medical panel described in Section 
34A-2-601
;
(ii)
a physician employed as medical director for a licensed workers' compensation 
insurer or an approved self-insured employer; or
(iii)
a physician offering a second opinion regarding treatment;
(t)
members of Utah's Opioid Fatality Review Committee, for the purpose of reviewing a 
specific fatality due to opioid use and recommending policies to reduce the frequency 
of opioid use fatalities;
(u)
a licensed pharmacist who is authorized by a managed care organization as defined 
in Section 
31A-1-301
 to access the information on behalf of the managed care 
organization, if:
(i)
the managed care organization believes that an enrollee of the managed care 
organization has obtained or provided a controlled substance in violation of a 
medication management program contract between the enrollee and the managed 
care organization; and
(ii)
the managed care organization included a description of the medication 
management program in the enrollee's outline of coverage described in Subsection 
31A-22-605(7)
; and
(v)
the Utah Medicaid Fraud Control Unit of the attorney general's office for the purpose 
of investigating active cases, in exercising the unit's authority to investigate and 
prosecute Medicaid fraud, abuse, neglect, or exploitation under 42 U.S.C. Sec. 
1396b(q).
(3)
(a)
A practitioner described in Subsection 
(2)(h)
 may designate one or more 
employees to access information from the database under Subsection 
(2)(i)
, 
(2)(j)
, or 
(4)(c)
.
(b)
The division shall make rules, in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, to:
(i)
establish background check procedures to determine whether an employee 
designated under Subsection 
(2)(i)
, 
(2)(j)
, or 
(4)(c)
 should be granted access to the 
database;
(ii)
establish the information to be provided by an emergency department employee 
under Subsection 
(4)
; and
(iii)
facilitate providing controlled substance prescription information to a third party 
under Subsection 
(5)
.
(c)
The division shall grant an employee designated under Subsection 
(2)(i)
, 
(2)(j)
, or 
(4)(c)
 access to the database, unless the division determines, based on a background 
check, that the employee poses a security risk to the information contained in the 
database.
(4)
(a)
An individual who is employed in the emergency department of a hospital may 
exercise access to the database under this Subsection 
(4)
 on behalf of a licensed 
practitioner if the individual is designated under Subsection 
(4)(c)
 and the licensed 
practitioner:
(i)
is employed or privileged to work in the emergency department;
(ii)
is treating an emergency department patient for an emergency medical condition; 
and
(iii)
requests that an individual employed in the emergency department and 
designated under Subsection 
(4)(c)
 obtain information regarding the patient from 
the database as needed in the course of treatment.
(b)
The emergency department employee obtaining information from the database shall, 
when gaining access to the database, provide to the database the name and any 
additional identifiers regarding the requesting practitioner as required by division 
administrative rule established under Subsection 
(3)(b)
.
(c)
An individual employed in the emergency department under this Subsection 
(4)
 may 
obtain information from the database as provided in Subsection 
(4)(a)
 if:
(i)
the employee is designated by the hospital as an individual authorized to access 
the information on behalf of the emergency department practitioner;
(ii)
the hospital operating the emergency department provide written notice to the 
division of the identity of the designated employee; and
(iii)
the division:
(A)
grants the employee access to the database; and
(B)
provides the employee with a password that is unique to that employee to 
access the database.
(d)
The division may impose a fee, in accordance with Section 
63J-1-504
, on a 
practitioner who designates an employee under Subsection 
(2)(i)
, 
(2)(j)
, or 
(4)(c)
 to 
pay for the costs incurred by the division to conduct the background check and make 
the determination described in Subsection 
(3)(b)
.
(5)
(a)
(i)
An individual may request that the division provide the information under 
Subsection 
(5)(b)
 to a third party who is designated by the individual each time a 
controlled substance prescription for the individual is dispensed.
(ii)
The division shall upon receipt of the request under this Subsection 
(5)(a)
 advise 
the individual in writing that the individual may direct the division to discontinue 
providing the information to a third party and that notice of the individual's 
direction to discontinue will be provided to the third party.
(b)
The information the division shall provide under Subsection 
(5)(a)
 is:
(i)
the fact a controlled substance has been dispensed to the individual, but without 
identifying the controlled substance; and
(ii)
the date the controlled substance was dispensed.
(c)
(i)
An individual who has made a request under Subsection 
(5)(a)
 may direct that 
the division discontinue providing information to the third party.
(ii)
The division shall:
(A)
notify the third party that the individual has directed the division to no longer 
provide information to the third party; and
(B)
discontinue providing information to the third party.
(6)
(a)
An individual who is granted access to the database based on the fact that the 
individual is a licensed practitioner or a mental health therapist shall be denied access 
to the database when the individual is no longer licensed.
(b)
An individual who is granted access to the database based on the fact that the 
individual is a designated employee of a licensed practitioner shall be denied access 
to the database when the practitioner is no longer licensed.
(7)
A probation or parole officer is not required to obtain a search warrant to access the 
database in accordance with Subsection 
(2)(m)
.
(8)
The division shall review and adjust the database programming which automatically 
logs off an individual who is granted access to the database under Subsections 
(2)(h)
, 
(2)(i)
, 
(2)(j)
, and 
(4)(c)
 to maximize the following objectives:
(a)
to protect patient privacy;
(b)
to reduce inappropriate access; and
(c)
to make the database more useful and helpful to a person accessing the database 
under Subsections 
(2)(h)
, 
(2)(i)
, 
(2)(j)
, and 
(4)(c)
, especially in high usage locations 
such as an emergency department.
(9)
Any person who knowingly and intentionally accesses the database without express 
authorization under this section is guilty of a class A misdemeanor.
Section 9, Section 
58-50-10
 is amended to read:
58-50-10. Exceptions from licensure.
In addition to the exemptions from licensure in Section 
58-1-307
, the following persons 
may engage in probation supervision services subject to the stated circumstances and 
limitations without being licensed under this chapter:
(1)
employees
an employee
 of the 
Department of Corrections
Division of Adult Probation 
and Parole created in Section 
64-14-202
 while 
the employee is 
performing probation 
services as part of 
their
the employee's
 normal duties and responsibilities;
(2)
members
a member
 of the armed forces and 
employees, agents
an employee, agent
, or 
representatives
representative
 of the federal government while acting in 
their
the 
member's, employee's, agent's, or representative's
 official capacity; and
(3)
agencies of local government in accordance with Section 
77-18-105
.
(3)
an agency of a local government in accordance with Section 
77-18-105
.
Section 10, Section 
59-27-105
 is amended to read:
59-27-105. Sexually Explicit Business and Escort Service Fund -- Administrative 
charge.
(1)
There is created an expendable special revenue fund called the "Sexually Explicit 
Business and Escort Service Fund."
(2)
(a)
Except as provided in Subsection 
(3)
, the fund consists of all amounts collected by 
the commission under this chapter.
(b)
(i)
The money in the fund shall be invested by the state treasurer pursuant to 
Title 
51, Chapter 7, State Money Management Act
.
(ii)
All interest or other earnings derived from the fund money shall be deposited in 
the fund.
(3)
Notwithstanding any other provision of this chapter, the commission shall retain and 
deposit an administrative charge in accordance with Section 
59-1-306
 from the revenues 
the commission collects from a tax under this chapter.
(4)
(a)
Fund money shall be used as provided in this Subsection 
(4)
.
(b)
The Department of Corrections shall use 60% of the money in the fund, in addition 
to existing budgets, to provide treatment services to nonworking or indigent adults 
who:
(i)
have been convicted of an offense under 
Title 76, Chapter 5, Part 4, Sexual 
Offenses
; and
(ii)
are not currently confined or incarcerated in a jail or prison.
(c)
The 
Division of 
Adult Probation and Parole 
section of the Department of Corrections
created in Section 
64-14-202
 shall use 15% of the money in the fund to provide 
outpatient treatment services to individuals who:
(i)
have been convicted of an offense under 
Title 76, Chapter 5, Part 4, Sexual 
Offenses
; and
(ii)
are not currently confined or incarcerated in a jail or prison.
(d)
The Department of Corrections shall use 10% of the money in the fund, in addition 
to existing budgets, to implement treatment programs for juveniles who have been 
convicted of an offense under 
Title 76, Chapter 5, Part 4, Sexual Offenses
.
(e)
The attorney general shall use 15% of the money in the fund to provide funding for 
any task force:
(i)
administered through the Office of the Attorney General; and
(ii)
that investigates and prosecutes individuals who use the Internet to commit 
crimes against children.
Section 11, Section 
63A-16-1002
 is amended to read:
63A-16-1002. Public safety portal.
(1)
The commission shall oversee the creation and management of a public safety portal for 
information and data required to be reported to the commission and accessible to all 
criminal justice agencies in the state.
(2)
The division shall assist with the development and management of the public safety 
portal.
(3)
The division, in collaboration with the commission, shall create:
(a)
master standards and formats for information submitted to the public safety portal;
(b)
a gateway, bridge, website, or other method for reporting entities to provide the 
information;
(c)
a master data management index or system to assist in the retrieval of information 
from the public safety portal;
(d)
a protocol for accessing information in the public safety portal that complies with 
state privacy regulations; and
(e)
a protocol for real-time audit capability of all data accessed from the public safety 
portal by participating data source, data use entities, and regulators.
(4)
The public safety portal shall be the repository for the statutorily required data described 
in:
(a)
Section 
13-53-111
, recidivism reporting requirements;
(b)
Section 
17-22-32
, county jail reporting requirements;
(c)
Section 
17-55-201
, Criminal Justice Coordinating Councils reporting;
(d)
Section 
26B-1-427
, Alcohol Abuse Tracking Committee;
(e)
Section 
41-6a-511
, courts to collect and maintain data;
(f)
Section 
53-25-301
, reporting requirements for reverse-location warrants;
(g)
Section 
53-25-202
, sexual assault offense reporting requirements for law 
enforcement agencies;
(h)
Section 
53E-3-516
, school disciplinary and law enforcement action report;
(i)
Section 
53-25-501
, reporting requirements for seized firearms;
(j)
Section 
63M-7-214
, law enforcement agency grant reporting;
(k)
Section 
63M-7-216
, prosecutorial data collection;
(l)
Section 
63M-7-220
, domestic violence data collection;
(m)
Section 
64-13-21
64-14-204
, supervision of sentenced offenders placed in 
community;
(n)
Section 
64-13-25
, standards for programs;
(o)
Section 
64-13-45
, department reporting requirements;
(p)
Section 
64-13e-104
, county correctional facility reimbursement program for state 
probationary inmates and state parole inmates;
(q)
Section 
77-7-8.5
, use of tactical groups;
(r)
Section 
77-11b-404
, forfeiture reporting requirements;
(s)
Section 
77-20-103
, release data requirements;
(t)
Section 
77-22-2.5
, court orders for criminal investigations;
(u)
Section 
78A-2-109.5
, court data collection on criminal cases;
(v)
Section 
80-6-104
, data collection on offenses committed by minors; and
(w)
any other statutes which require the collection of specific data and the reporting of 
that data to the commission.
(5)
Before October 1, 2025, the commission shall 
reportall
report all
 data collected to the 
Law Enforcement and Criminal Justice Interim Committee.
(6)
The commission may:
(a)
enter into contracts with private or governmental entities to assist entities in 
complying with the data reporting requirements of Subsection (4); and
(b)
adopt, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
rules to administer this section, including establishing requirements and procedures 
for collecting the data described in Subsection (4).
Section 12, Section 
63A-17-512
 is amended to read:
63A-17-512. Leave of absence with pay for employees with a disability who are 
covered under other civil service systems.
(1)
As used in this section:
(a)
"Eligible officer" means a person who qualifies for a benefit under this section.
(b)
(i)
"Law enforcement officer" means a sworn and certified peace officer who is an 
employee of a law enforcement agency that is part of or administered by the state, 
and whose primary and principal duties consist of the prevention and detection of 
crime and the enforcement of criminal statutes of this state.
(ii)
"Law enforcement officer" specifically includes the following:
(A)
the commissioner of public safety and any member of the Department of 
Public Safety certified as a peace officer;
(B)
investigators for the Motor Vehicle Enforcement Division;
(C)
special agents or investigators employed by the attorney general;
(D)
employees of the Department of Natural Resources designated as peace 
officers by law;
(E)
the executive director of the Department of Corrections and any correctional 
enforcement or investigative officer designated by the executive director and 
approved by the commissioner of public safety and certified by the division; 
and
(F)
correctional enforcement, investigative, or 
adult probation and parole officers
Division of Adult Probation and Parole officers
 employed by the Department 
of Corrections serving on or before July 1, 1993.
(c)
"State correctional officer" means a correctional officer as defined in Section 
53-13-104
 who is employed by the Department of Corrections.
(2)
(a)
A law enforcement officer or state correctional officer who is injured in the course 
of employment shall be given a leave of absence with 100% of the officer's regular 
monthly salary and benefits during the period the employee has a temporary 
disability.
(b)
The benefit provided under Subsection (2)(a):
(i)
shall be offset as provided under Subsection (4); and
(ii)
may not exceed 100% of the officer's regular monthly salary and benefits, 
including all offsets required under Subsection (4).
(3)
(a)
A law enforcement officer or state correctional officer who has a total disability as 
defined in Section 
49-21-102
, shall be given a leave of absence with 100% of the 
officer's regular monthly salary and benefits until the officer is eligible for an 
unreduced retirement under Title 49, Utah State Retirement and Insurance Benefit Act, 
or reaches the retirement age of 62 years, whichever occurs first, if:
(i)
the disability is a result of an injury sustained while in the lawful discharge of the 
officer's duties; and
(ii)
the injury is the result of:
(A)
a criminal act upon the officer; or
(B)
an aircraft, vehicle, or vessel accident and the officer was not negligent in 
causing the accident.
(b)
The benefit provided under Subsection (3)(a):
(i)
shall be offset as provided under Subsection (4); and
(ii)
may not exceed 100% of the officer's regular monthly salary and benefits, 
including all offsets required under Subsection (4).
(4)
(a)
The agency shall reduce or require the reimbursement of the monthly benefit 
provided under this section by any amount received by, or payable to, the eligible 
officer for the same period of time during which the eligible officer is entitled to 
receive a monthly disability benefit under this section.
(b)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
division shall make rules establishing policies and procedures for the reductions 
required under Subsection (4)(a).
Section 13, Section 
63B-12-301
 is amended to read:
63B-12-301. Other capital facilities authorizations.
(1)
It is the intent of the Legislature that:
(a)
Utah State University use institutional funds to plan, design, and construct an 
addition to the Laboratory Research Center under the direction of the director of the 
Division of Facilities Construction and Management unless supervisory authority has 
been delegated;
(b)
no state funds be used for any portion of this project; and
(c)
the university may request state funds for operations and maintenance to the extent 
that the university is able to demonstrate to the Board of Regents that the facility 
meets approved academic and training purposes under Board of Regents policy R710.
(2)
It is the intent of the Legislature that:
(a)
Utah State University use institutional funds to plan, design, and construct an 
addition to the Biology/Natural Resources Building under the direction of the director 
of the Division of Facilities Construction and Management unless supervisory 
authority has been delegated;
(b)
no state funds be used for any portion of this project; and
(c)
the university may request state funds for operations and maintenance to the extent 
that the university is able to demonstrate to the Board of Regents that the facility 
meets approved academic and training purposes under Board of Regents policy R710.
(3)
It is the intent of the Legislature that:
(a)
Snow College use grants and loans from the Community Impact Board together with 
other institutional funds to plan, design, and construct an addition to the Activities 
Center under the direction of the director of the Division of Facilities Construction 
and Management unless supervisory authority has been delegated;
(b)
no state funds be used for any portion of this project;
(c)
before proceeding with the project, the Board of Regents and the Division of 
Facilities Construction and Management review and approve the scope and funding 
of the project; and
(d)
the college may request state funds for operations and maintenance to the extent that 
the college is able to demonstrate to the Board of Regents that the facility meets 
approved academic and training purposes under Board of Regents policy R710.
(4)
(a)
It is the intent of the Legislature that the Division of Facilities Construction and 
Management sell the state's interest in the Iron County Correction Facility to Iron 
County for $2,000,000 according to the terms specified in this Subsection 
(4)
.
(b)
Iron County will pay the state $1,550,000 in cash.
(c)
To pay the $450,000 balance of the purchase price, Iron County will:
(i)
provide office space for the Department 
of Corrections' Adult Probation and 
Parole
of Corrections
 in the Iron County Correction Facility for 10 years at no 
cost to the state of Utah, at an estimated value of $45,000 per year for a total 
10-year value of $450,000; and
(ii)
contract with the Department of Corrections to house 15 state prisoners in the 
Iron County Correctional Facility for at least five years.
(d)
(i)
The Department of Corrections shall select the 15 prisoners to house at the Iron 
County Correctional Facility from beds currently under contract in other counties.
(ii)
Nothing in this section may be construed to authorize or require the Department 
of Corrections to increase the number of prisoners currently housed in county 
correctional facilities on state contract.
(e)
If the 
Department of Corrections'
Division of
 Adult Probation and Parole 
created in 
Section 
64-14-202
chooses
, for whatever reason,
 not to use the office space offered 
by Iron County, Iron County is not liable for, and need not pay, the state the value of 
that estimated rent.
Section 14, Section 
63M-7-404.3
 is amended to read:
63M-7-404.3. Adult sentencing and supervision length guidelines.
(1)
The sentencing commission shall establish and maintain adult sentencing and 
supervision length guidelines regarding:
(a)
the sentencing and release of offenders in order to:
(i)
accept public comment;
(ii)
relate sentencing practices and correctional resources;
(iii)
increase equity in sentencing;
(iv)
better define responsibility in sentencing; and
(v)
enhance the discretion of the sentencing court while preserving the role of the 
Board of Pardons and Parole;
(b)
the length of supervision of offenders on probation or parole in order to:
(i)
accept public comment;
(ii)
increase equity in criminal supervision lengths;
(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 court 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 the needs of an offender; and
(v)
identifying community violations that may not warrant revocation of probation or 
parole.
(2)
(a)
Before July 1, 2024, the sentencing commission shall revise and review the adult 
sentencing and supervision length guidelines to reflect appropriate penalties for the 
following offenses:
(i)
an interlock restricted driver operating a vehicle without an ignition interlock 
system, Section 
41-6a-518.2
:
;
(ii)
negligently operating a vehicle resulting in injury, Section 
76-5-102.1
; and
(iii)
negligently operating a vehicle resulting in death, Section 
76-5-207
.
(b)
The guidelines under Subsection (2)(a) shall consider the following:
(i)
the current sentencing requirements for driving under the influence of alcohol, 
drugs, or a combination of both as identified in Section 
41-6a-505
 when injury or 
death do not result;
(ii)
the degree of injury and the number of victims suffering injury or death as a result 
of the offense;
(iii)
the offender's number of previous convictions for driving under the influence 
related offenses as defined in Subsection 
41-6a-501(2)(a)
; and
(iv)
whether the offense amounts to extreme DUI, as that term is defined in Section 
41-6a-501
.
(3)
On or before October 31, 2024, the sentencing commission shall review and revise the 
supervision tools in the adult sentencing and supervision length guidelines to:
(a)
recommend appropriate sanctions for an individual who violates probation or parole 
by:
(i)
committing a felony offense, a misdemeanor offense described in Title 76, 
Chapter 5, Offenses Against the Individual, or a misdemeanor offense for driving 
under the influence described in Section 
41-6a-502
;
(ii)
possessing a dangerous weapon; or
(iii)
willfully refusing to participate in treatment ordered by the court or the Board of 
Pardons and Parole; and
(b)
recommend appropriate incentives for an individual on probation or parole that:
(i)
completes all conditions of probation or parole; or
(ii)
maintains eligible employment as defined in Section 
64-13g-101
64-14-301
.
(4)
The sentencing commission shall establish guidelines in the adult sentencing and 
supervision length guidelines that recommend an enhanced sentence that a court or the 
Board of Pardons and Parole should consider when determining the period in which a 
habitual offender, as defined in Section 
77-18-102
, will be incarcerated.
(5)
The sentencing commission shall modify:
(a)
the adult sentencing and supervision length guidelines 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 adult sentencing and supervision length guidelines to 
reduce recidivism, including factors in an offender's criminal history that are relevant 
to the accurate determination of an individual's risk of offending again.
Section 15, Section 
63M-7-1002
 is amended to read:
63M-7-1002. Victim rights committee for each judicial district -- Members -- 
Terms.
(1)
There is created a victim rights committee in each judicial district of this state.
(2)
The Victim Services Commission shall appoint a chair to serve on each committee.
(3)
The chair shall appoint, with the Victim Services Commission's consent, the following 
individuals to serve on each committee:
(a)
a county or district attorney within the judicial district, or the county or district 
attorney's designee;
(b)
a municipal attorney within the judicial district, or the municipal attorney's designee;
(c)
a sheriff within the judicial district, or the sheriff's designee;
(d)
a chief of police within the judicial district, or the chief of police's designee;
(e)
a representative of the Division of Adult Probation and Parole 
within the 
Department of Corrections
created in Section 
64-14-202
;
(f)
a victim advocate; and
(g)
any other representative as appropriate.
(4)
A member is:
(a)
appointed to serve a four-year term; and
(b)
eligible for reappointment.
(5)
When a vacancy occurs in the membership of a committee for any reason, the 
replacement shall be appointed for the remainder of the unexpired term.
(6)
A member may not receive compensation or benefits for the member's service, but a 
member may receive per diem and travel expenses in accordance with:
(a)
Section 
63A-3-106
;
(b)
Section 
63A-3-107
; and
(c)
rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and 
63A-3-107
.
Section 16, 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)
through the Division of Adult Probation and Parole created in Section 
64-14-202
, 
supervise probationers and parolees as directed by statute and implemented by the 
courts and the Board of Pardons and Parole;
(j)
subject to Subsection 
(3)
(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:
(A)
integrate an individualized, evidence-based, and evidence-informed treatment 
and program plan with clearly defined completion requirements; and
(B)
require that a case manager will:
(I)
ensure that an assessment of the education level, occupational interests, and 
aptitudes of the inmate has been completed;
(II)
refer the inmate to a higher education student advisor at an institution 
offering programs consistent with the inmate's interests and aptitudes for 
advisement on educational preferences and plans;
(III)
incorporate the inmate's interests, aptitudes, and student advisement into 
an education plan consistent with the guidance provided by the Higher 
Education and Corrections Council created in Section 
53B-35-201
; and
(IV)
refer the inmate to the student advisor at the institution called for in the 
case action plan for guidance and assistance with the education process;
(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 an inmate has reasonable access to legal research;
(o)
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;
(p)
when reporting on statewide recidivism, include the metrics and requirements 
described in Section 
63M-7-102
;
(q)
create a reentry division that focuses on the successful reentry of inmates into the 
community;
(r)
coordinate with the Board of Pardons and Parole regarding inmate records that are 
necessary for the Board of Pardons and Parole to make necessary determinations 
regarding an inmate; and
(s)
ensure that inmate records regarding discipline, programs, and other relevant metrics 
are:
(i)
complete and updated in a timely manner; and
(ii)
when applicable, shared with the Board of Pardons and Parole in a timely manner.
(2)
The department may in the course of supervising probationers and parolees:
(a)
respond to an individual's violation of one or more terms of the probation or parole 
in accordance with the graduated and evidence-based processes established by the 
adult sentencing and supervision length guidelines, as defined in Section 
63M-7-401.1
; 
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)
(2)
(a)
By following the procedures in Subsection 
(3)(b)
(2)(b)
, the department may 
investigate the following occurrences at state correctional facilities:
(i)
criminal conduct of departmental employees;
(ii)
felony crimes resulting in serious bodily injury;
(iii)
death of any person; or
(iv)
aggravated kidnaping.
(b)
Before investigating any occurrence specified in Subsection 
(3)(a)
(2)(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)
(2)(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)
(2)(a)
.
(4)
(3)
Upon request, the department shall provide copies of investigative reports of 
criminal conduct to the sheriff or other appropriate law enforcement agencies.
(5)
(4)
(a)
The executive director of the department, or the executive director's designee 
if the designee possesses expertise in correctional programming, shall consult at least 
annually with cognitive and career-readiness staff experts from the Utah system of 
higher education and the State Board of Education to review the department's 
evidence-based and evidence-informed treatment and program opportunities.
(b)
Beginning in the 2022 interim, the department shall provide an annual report to the 
Law Enforcement and Criminal Justice Interim Committee regarding:
(i)
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; and
(ii)
the progress of the department's implementation of the inmate program 
requirements described in Section 
64-13-50
.
(6)
(5)
(a)
As used in this Subsection 
(6)
(5)
:
(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
64-14-204
, an accounts receivable for an offender 
during:
(i)
the parole period and any extension of that period in accordance with Subsection 
(6)(c)
(5)(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)
(5)
 only applies to offenders sentenced before July 1, 2021.
Section 17, 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
64-14-204
 upon offenders who violate the adult sentencing and supervision length 
guidelines, as defined in Section 
63M-7-401.1
, including prosecution for escape under 
Section 
76-8-309
 or 
76-8-309.3
 and for 
unauthorized absence
absconding from 
supervision
.
(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 18, Section 
64-13-26
 is amended to read:
64-13-26. Private providers of services.
(1)
Subject to Subsection 
64-13-21(1)(b)
64-14-204(1)(b)
, the department may contract 
with a private provider or another agency for the provision of care, treatment, and 
supervision of an offender committed to the care and custody of the department.
(2)
(a)
The department shall:
(i)
establish standards for the operation of the programs;
(ii)
establish standards under Section 
64-13-25
 regarding program standards; and
(iii)
annually review the programs for compliance.
(b)
The reviews described in Subsection 
(2)(a)
 shall be classified as confidential internal 
working papers.
(c)
Access to records regarding the reviews is available upon the discretion of the 
executive director or the governor, or upon court order.
Section 19, Section 
64-13e-102
 is amended to read:
64-13e-102. Definitions.
As used in this chapter:
(1)
"Alternative treatment program" means:
(a)
an evidence-based cognitive behavioral therapy program; or
(b)
a certificate-based program provided by:
(i)
an institution of higher education described in Subsection 
53B-1-102
(1)(b); or
(ii)
a degree-granting institution acting in the degree-granting institution's technical 
education role described in Section 
53B-2a-201
.
(2)
"Board" means the Board of Pardons and Parole.
(3)
"Commission" means the State Commission on Criminal and Juvenile Justice, created in 
Section 
63M-7-201
.
(4)
(a)
"Condition of probation day" means a day spent by a state probationary inmate in 
a county correctional facility as a condition of probation.
(b)
"Condition of probation day" includes a day spent by a state probationary inmate in a 
county correctional facility:
(i)
after the date of sentencing;
(ii)
before the date of sentencing, if a court orders that the state probationary inmate 
shall receive credit for time served in a county correctional facility before the date 
of sentencing;
(iii)
as a condition of an original order of probation; and
(iv)
as a condition of a new order of probation after a prior revocation of probation.
(c)
"Condition of probation day" does not include a day spent by a state probationary 
inmate in a county correctional facility:
(i)
as a probation sanction day;
(ii)
after the state probationary inmate has spent 365 consecutive days in a county 
correctional facility for a single order of probation;
(iii)
as a condition of a plea in abeyance agreement if a conviction has not been 
entered;
(iv)
on a hold instituted by the federal Immigration and Customs Enforcement 
Agency of the United States Department of Homeland Security; or
(v)
after the termination of probation if the state probationary inmate is:
(A)
sentenced to prison; or
(B)
eligible for release.
(5)
"Department" means the Department of Corrections, created in Section 
64-13-2
.
(6)
"Division" means the Division of Finance, created in Section 
63A-3-101
.
(7)
(a)
"Eligible bed day" means a day spent by a state probationary inmate or a state 
parole inmate in a county correctional facility that is eligible for reimbursement 
under Section 
64-13e-104
.
(b)
"Eligible bed day" includes:
(i)
a condition of probation day;
(ii)
a parole hold day;
(iii)
a parole sanction day; and
(iv)
a probation sanction day.
(8)
(a)
"Parole hold day" means a day spent in a county correctional facility by a state 
parole inmate under Subsection 
64-13-29
(3) based on a suspected violation of the 
state parole inmate's terms of parole.
(b)
"Parole hold day" does not include a day spent in a county correctional facility by a 
state parole inmate:
(i)
after the state parole inmate has spent 72 hours, excluding weekends and holidays, 
for a single suspected violation of the state parole inmate's terms of parole; or
(ii)
as a parole sanction day.
(9)
(a)
"Parole sanction day" means a day spent in a county correctional facility by a state 
parole inmate as a sanction under Subsection 
64-13-6
(2) for a violation of the state 
parole inmate's terms of parole.
(b)
"Parole sanction day" includes not more than three consecutive days and not more 
than a total of 
five
six
 days within a period of 30 days for each sanction.
(c)
"Parole sanction day" does not include a parole hold day.
(10)
(a)
"Probation sanction day" means a day spent in a county correctional facility by a 
state probationary inmate as a sanction under Subsection 
64-13-6
(2) based on a 
violation of the state probationary inmate's terms of probation.
(b)
"Probation sanction day" includes not more than three consecutive days and not more 
than a total of 
five
six
 days within a period of 30 days for each sanction.
(c)
"Probation sanction day" does not include:
(i)
a condition of probation day; or
(ii)
a day spent in a county correctional facility by a state probationary inmate under 
Subsection 
64-13-29
(3)
64-14-205(3)
 based on a suspected violation of the state 
probationary inmate's terms of probation.
(11)
"State daily incarceration rate" means the average daily incarceration rate, calculated 
by the department based on the previous three fiscal years, that reflects the following 
expenses incurred by the department for housing an inmate:
(a)
executive overhead;
(b)
administrative overhead;
(c)
transportation overhead;
(d)
division overhead; and
(e)
motor pool expenses.
(12)
"State inmate" means an individual, other than a state probationary inmate or state 
parole inmate, who is committed to the custody of the department.
(13)
"State parole inmate" means an individual who is:
(a)
on parole, as defined in Section 
77-27-1
; and
(b)
housed in a county correctional facility for a reason related to the individual's parole.
(14)
"State probationary inmate" means a felony probationer sentenced to time in a county 
correctional facility under Subsection 
77-18-105
(6).
(15)
"Treatment program" means:
(a)
an alcohol treatment program;
(b)
a substance abuse treatment program;
(c)
a sex offender treatment program; or
(d)
an alternative treatment program.
Section 20, Section 
64-14-101
 is enacted to read:
14. ADULT PROBATION AND PAROLE
1. General Provisions
64-14-101. Definitions.
As used in this chapter:
(1)
"Department" means the same as that term is defined in Section 
64-13-1
.
(2)
"Division" means the Division of Adult Probation and Parole created in Section 
64-14-202
.
(3)
"Executive director" means the same as that term is defined in Section 
64-13-1
.
(4)
"Inmate" means the same as that term is defined in Section 
64-13-1
.
(5)
"Offender" means the same as that term is defined in Section 
64-13-1
.
(6)
"Recidivism" means the same as that term is defined in Section 
64-13-1
.
Section 21, Section 
64-14-201
 is enacted to read:
2. Division of Adult Probation and Parole
64-14-201. Definitions.
Reserved.
Section 22, Section 
64-14-202
 is enacted to read:
64-14-202. Creation of division -- Appointment of director.
(1)
There is created within the department the Division of Adult Probation and Parole.
(2)
The executive director shall appoint a director of the Division of Adult Probation and 
Parole who shall manage, direct, and supervise the Division of Adult Probation and 
Parole.
Section 23, Section 
64-14-203
 is enacted to read:
64-14-203. Duties of division.
(1)
The division shall:
(a)
assist the department in fulfilling the department's duty to supervise, as described in 
Subsection 
64-13-6(1)(i)
, probationers and parolees as directed by statute and 
implemented by the courts and the Board of Pardons and Parole;
(b)
comply with the requirements described in this part;
(c)
supply the information described in Section 
53-10-209
 that is required to be 
submitted to the Criminal Investigations and Technical Services Division created in 
Subsection 
53-10-103(2)
;
(d)
comply with the use of funds requirement for outpatient treatment services for those 
convicted of an offense under Title 76, Chapter 5, Part 4, Sexual Offenses, as 
described in Subsection 
59-27-105(4)(c)
;
(e)
monitor the status of an offender with a mental condition who has been placed on 
parole as described in Subsection 
77-16a-205(4)
;
(f)
comply with the requirements described in Title 77, Chapter 18, The Judgment;
(g)
in accordance with the adult sentencing and supervision length guidelines described 
in Section 
63M-7-404.3
, notify the Board of Pardons and Parole of parole violations;
(h)
for an individual who is on probation for a domestic violence offense that the 
division is supervising, report to the court and notify the victim of the domestic 
violence offense if the individual fails to comply with any condition imposed by the 
court or commits a violation of a sentencing protective order as required by 
Subsection 
77-36-5.1(4)
;
(i)
comply with the notice requirement to a prosecuting agency described in Subsection 
77-38-3(6)
 if the division is the moving party on a motion for modification of any 
determination made at any of the criminal justice hearings provided in Subsections 
77-38-2(5)(a)
 through (g);
(j)
collect restitution information in preparing a presentence investigation report as 
described in Section 
77-38b-203
;
(k)
for an individual under supervision by the division who violates a sentencing 
protective order issued under Title 78B, Chapter 7, Part 8, Criminal Protective Orders, 
report the violation to the court and notify the victim protected by the order of the 
violation as required by Section 
78B-7-807
; and
(l)
comply with any other requirement established by applicable statute or regulation or 
a directive from the executive director.
(2)
The division may, in the course of supervising individuals on probation and parole:
(a)
respond to an individual's violation of one or more terms of the probation or parole in 
accordance with the graduated and evidence-based processes established by the adult 
sentencing and supervision length guidelines, as defined in Section 
63M-7-401.1
; 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 six 
days within a period of 30 days.
Section 24, Section 
64-14-204
, which is renumbered from Section 64-13-21 is renumbered 
and amended to read:
64-13-21
64-14-204
. Supervision of sentenced offenders placed in community -- 
Rulemaking -- POST certified parole or probation officers and peace officers -- Duties -- 
Supervision fee.
(1)
(a)
The 
department
division
, 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; or
(C)
notwithstanding Subsection (1)(a)(ii)(B), a class A misdemeanor if the 
department
division
 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
division
 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 the adult sentencing and 
supervision length guidelines, as defined in Section 
63M-7-401.1
, 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
division
 shall apply the graduated and evidence-based responses 
established in the adult sentencing and supervision length guidelines, as defined in 
Section 
63M-7-401.1
, 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
division
 shall implement a program of graduated incentives as 
established in the adult sentencing and supervision length guidelines, as defined in 
Section 
63M-7-401.1
 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
division
 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
 by the division
;
(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
division
 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
division
 shall consider the financial 
resources of the offender and the burden that the fee would impose, with regard to 
the offender's other obligations.
(c)
The division shall deposit money received from the monthly supervision fee 
established in this Subsection (6) into the General Fund as a parole and probation 
dedicated credit to be used to cover costs incurred in the collection of the fee and in 
the development of offender supervision programs.
(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
division
 shall establish a program allowing an offender to earn a 
reduction credit of 30 days from the offender's period of probation or parole for each 
month the offender complies with the terms of the offender's probation or parole 
agreement, including the case action plan.
(b)
(i)
For offenders placed on probation under Section 
77-18-105
 or parole under 
Section 
76-3-202
 on or after July 1, 2026, the 
department
division
 shall establish 
a program, consistent with the adult sentencing and supervision length guidelines, 
as defined in Section 
63M-7-401.1
, to provide incentives for an offender that 
maintains eligible employment, as defined in Section 
64-13g-101
.
(ii)
The program under Subsection (7)(b)(i) may include a credit towards the 
reduction of the length of supervision for an offender at a rate of up to 30 days for 
each month that the offender maintains eligible employment, as defined in Section 
64-13g-101
.
(iii)
A court, or the Board of Pardons and Parole, is not required to grant a request for 
termination of supervision under the program described in this Subsection (7)(b) if 
the court, or the Board of Pardons and Parole, finds that:
(A)
the offender presents a substantial risk to public safety;
(B)
termination would prevent the offender from completing risk reduction 
programming or treatment; or
(C)
the eligibility criteria for termination of supervision, as established in the adult 
sentencing and supervision length guidelines, as defined in Section 
63M-7-401.1
, have not been met.
(iv)
This Subsection (7)(b) does not prohibit the 
department
division
, or another 
supervision services provider, from requesting termination of supervision based 
on the eligibility criteria in the adult sentencing and supervision length guidelines, 
as defined in Section 
63M-7-401.1
.
(c)
The 
department
division
 shall:
(i)
maintain a record of credits earned by an offender under this Subsection (7); and
(ii)
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
division
 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 25, Section 
64-14-205
, which is renumbered from Section 64-13-29 is renumbered 
and amended to read:
64-13-29
64-14-205
. Violation of parole or probation -- Detention -- Hearing.
(1)
As used in this section:
(a)
"72-hour hold" means a directive from the department:
(i)
prohibiting the release of a parolee or probationer from correctional custody who 
has entered correctional custody due to a violation of a condition of parole or 
probation; and
(ii)
lasting for a maximum of 72 hours, excluding weekends or holidays, from the 
time the parolee or probationer entered correctional custody.
(b)
"Correctional custody" means when a parolee or probationer is physically detained in 
a county jail or a correctional facility operated by the department.
(c)
"Parolee" means an individual on parole under the supervision of the 
department
division
.
(d)
"Probationer" means an individual on probation under the supervision of the 
department
division
.
(e)
(i)
"Qualifying domestic violence offense" means the same as that term is defined 
in Subsection 
77-36-1.1
(4).
(ii)
"Qualifying domestic violence offense" does not include criminal mischief as 
described in Section 
76-6-106
.
(f)
"Violent felony" means the same as that term is defined in Section 
76-3-203.5
.
(2)
The 
department
division
 shall ensure that the court is notified of violations of the terms 
and conditions of probation in the case of probationers under the supervision of the 
department
division 
or the Board of Pardons and Parole in the case of parolees under the 
department's
division's
 supervision when:
(a)
incarceration is 
recommendedas
recommended as
 a sanction;
(b)
the 
department
division
 determines that a graduated and evidence-based response is 
not an appropriate response to the violation and recommends revocation of probation 
or parole; or
(c)
there is probable cause that the conduct that led to a violation of parole or probation 
is:
(i)
a violent felony; or
(ii)
a qualifying domestic violence offense.
(3)
The 
department
division
:
(a)
may place a 72-hour hold on a parolee or probationer if there is probable cause to 
believe that the parolee or probationer has committed a violation other than a violent 
felony or qualifying domestic violence offense; and
(b)
shall place a 72-hour hold on a parolee or probationer if there is probable cause to 
believe that the parolee or probationer has committed a violent felony or qualifying 
domestic violence offense.
(4)
(a)
The 
department
division
 may not detain, or have a county jail detain, a 
probationer or parolee for longer than 72 hours without a warrant or order issued by 
the court or Board of Pardons and Parole.
(b)
To obtain a warrant or order to detain a probationer or parolee for longer than 72 
hours, the 
department
division
 shall seek the warrant or order from the court for a 
probationer or the Board of Pardons and Parole for a parolee.
(c)
The 
department
division
 may decline to seek a warrant or order under Subsection 
(4)(b) for a probationer or parolee subject to a 72-hour hold and remove the 72-hour 
hold.
(5)
This section does not require the 
department
division
 to release a probationer or 
parolee who is being held for something other than a probation or parole violation, 
including a warrant issued for new criminal conduct or a new conviction where the 
individual
probationer or parolee
 is sentenced to incarceration.
(6)
The department may make rules as necessary
,
in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act, for the division 
to implement this section
 in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
Section 26, Section 
64-14-301
, which is renumbered from Section 64-13g-101 is renumbered 
and amended to read:
3. Adult Probation and Parole Employment Incentive Program
64-13g-101
64-14-301
. Definitions.
As used in this 
chapter
part
:
(1)
"Average daily population" means the average daily number of individuals on parole or 
felony probation in the region during the applicable fiscal year.
(2)
"Baseline parole employment rate" means the average of the parole employment rates 
for fiscal years 2023, 2024, and 2025.
(3)
"Baseline probation employment rate" means the average of the probation employment 
rates for fiscal years 2023, 2024, and 2025.
(4)
"Department" means the Department of Corrections.
(5)
(4)
"Eligible employment" means an occupation, or combined occupations, that:
(a)
consist of at least 130 hours in a 30-day period; and
(b)
are verified via paystubs, employment letters, contracts, or other reliable methods, as 
determined by the department.
(6)
(5)
"Evidence-based" means a supervision policy, procedure, program, or practice 
demonstrated by scientific research to reduce recidivism of individuals on parole or 
felony probation.
(7)
(6)
"Marginal cost of incarceration" means the total costs of incarceration, per inmate, 
that fluctuate based on inmate population.
(8)
(7)
"Office" means the Governor's Office of Planning and Budget.
(9)
(8)
"Parole employment rate" means the percentage of individuals on parole who held 
eligible employment for at least nine months in a one-year period, if at least a portion of 
the nine-months was during the preceding fiscal year.
(10)
(9)
"Probation employment rate" means the percentage of individuals on felony 
probation who held eligible employment for at least nine months in a one-year period, if 
at least a portion of the nine-months was during the preceding fiscal year.
(11)
(10)
"Program" means the Adult Probation and Parole Employment Incentive 
Program, created in Section 
64-13g-102
64-14-302
.
(12)
(11)
"Region" means one of the geographic regions into which the 
Department of 
Corrections
department
 has divided the state for purposes of supervising adult probation 
and parole.
(13)
(12)
"Restricted account" means the Employment Incentive Restricted Account 
created in Section 
64-13g-103
64-14-303
.
Section 27, Section 
64-14-302
, which is renumbered from Section 64-13g-102 is renumbered 
and amended to read:
64-13g-102
64-14-302
. 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
(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 28, Section 
64-14-303
, which is renumbered from Section 64-13g-103 is renumbered 
and amended to read:
64-13g-103
64-14-303
. Employment Incentive Restricted Account.
(1)
There is created within the General Fund a restricted account known as the 
"Employment Incentive Restricted Account."
(2)
The account consists of appropriations made by the Legislature.
(3)
The office shall authorize expenditures from the account in accordance with Section 
64-13g-102
64-14-302
.
(4)
Subject to legislative appropriations, the department and each region shall expend 
money from the restricted account only in accordance with Subsection 
64-13g-102(8)
64-14-302(8)
.
Section 29, 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)
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 adult sentencing and supervision length guidelines, as 
defined in Section 
63M-7-401.1
, to the extent the guidelines are consistent with the 
requirements of the law.
(2)
(a)
Except as provided in Subsection (2)(b), 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
64-14-204
.
(b)
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 a felony offense under Chapter 5, Offenses Against the Individual, or an 
attempt, conspiracy, or solicitation to commit 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)
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 30, Section 
76-3-409
 is amended to read:
76-3-409. Child abuse or sex offense against child -- Treatment of offender or 
victim -- Payment of costs.
(1)
Any person convicted in the district court of child abuse, or a sexual offense if the 
victim is under 18 years 
of age
old
, may be ordered to participate in treatment or 
therapy under the supervision of the 
adult probation and parole section of the 
Department of Corrections
Division of Adult Probation and Parole created in Section 
64-14-202
, in cooperation with the division of children, youth, and families until the 
court is satisfied that such treatment or therapy has been successful or that no further 
benefit to the convicted offender would result if such treatment or therapy were 
continued. The court may also order treatment of the victim if it believes the same 
would be beneficial under the circumstances. Nothing in this section shall preclude the 
court from imposing any additional sentence as provided by law.
(2)
The convicted offender shall be ordered to pay, to the extent that he or she is able, the 
costs of his or her treatment, together with treatment costs incurred by the victim and 
any administrative costs incurred by the appropriate state agency in the supervision of 
such treatment. If the convicted offender is unable to pay all or part of the costs of 
treatment, the court may order the appropriate state agency to pay such costs to the 
extent funding is provided by the Legislature for such purpose and shall order the 
convicted offender to perform public service work as compensation for the cost of 
treatment.
Section 31, 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 plea in abeyance agreement entered into between the prosecution and the 
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 the 
Department of Corrections
Division 
of Adult Probation and Parole created in Section 
64-14-202
 supervises, the plea 
may not be held in abeyance for a period longer than the initial term of probation 
required under the adult sentencing and supervision length guidelines, as defined 
in Section 
63M-7-401.1
, 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 
Department of Corrections
Division of 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 32, Section 
77-2a-3
 is amended to read:
77-2a-3. Manner of entry of plea -- Powers of court -- Expungement.
(1)
(a)
Acceptance of any plea in anticipation of a plea in abeyance agreement shall be 
done in full compliance with the Utah Rules of Criminal Procedure, Rule 11.
(b)
In cases charging offenses for which bail may be forfeited, a plea in abeyance 
agreement may be entered into without a personal appearance before a magistrate.
(2)
A plea in abeyance agreement may provide that the court may, upon finding that the 
defendant has successfully completed the terms of the agreement:
(a)
reduce the degree of the offense, enter a judgment of conviction for the lower degree 
of the offense, and impose a sentence for the lower degree of the offense;
(b)
allow withdrawal of the defendant's plea and order the dismissal of the case; or
(c)
issue an order of expungement for all records of the offense if:
(i)
the defendant successfully completes a problem solving court program that is 
certified by the Judicial Council; and
(ii)
the court allows the withdrawal of the defendant's plea and orders the dismissal of 
the case.
(3)
(a)
Upon finding that a defendant has successfully completed the terms of a plea in 
abeyance agreement and only as provided in the plea in abeyance agreement or as 
agreed to by all parties, the court may :
(i)
reduce the degree of the offense, enter a judgment of conviction for the lower 
degree of the offense, and impose a sentence for the lower degree of the offense;
(ii)
allow withdrawal of the defendant's plea and order the dismissal of the case; or
(iii)
issue an order of expungement for all records of the offense if:
(A)
the defendant successfully completes a problem solving court program that is 
certified by the Judicial Council; and
(B)
the court allows the withdrawal of the defendant's plea and orders the 
dismissal of the case.
(b)
Upon sentencing a defendant for any lesser offense in accordance with a plea in 
abeyance agreement, the court may not invoke Section 
76-3-402
 to further reduce the 
degree of the offense.
(4)
The court may require the 
Department of Corrections
Division of Adult Probation and 
Parole created in Section 
64-14-202
 to assist in the administration of the plea in 
abeyance agreement as if the defendant 
were on probation to the court
were placed on 
probation
 under Section 
77-18-105
.
(5)
The terms of a plea in abeyance agreement may include:
(a)
an order that the defendant pay a nonrefundable plea in abeyance fee, with a 
surcharge based on the amount of the plea in abeyance fee, both of which shall be 
allocated in the same manner as if paid as a fine for a criminal conviction under 
Section 
78A-5-110
 and a surcharge under Title 51, Chapter 9, Part 4, Criminal 
Conviction Surcharge Allocation, and which may not exceed in amount the 
maximum fine and surcharge which could have been imposed upon conviction and 
sentencing for the same offense;
(b)
an order that the defendant pay the costs of any remedial or rehabilitative program 
required by the terms of the agreement; and
(c)
an order that the defendant comply with any other conditions that could have been 
imposed as conditions of probation upon conviction and sentencing for the same 
offense.
(6)
(a)
The terms of a plea in abeyance shall include:
(i)
a specific amount of restitution that the defendant will pay, as agreed to by the 
defendant and the prosecuting attorney;
(ii)
a certification from the prosecuting attorney that:
(A)
the prosecuting attorney has consulted with all victims, including the Utah 
Office for Victims of Crime; and
(B)
all victims, including the Utah Office for Victims of Crime, are not seeking 
restitution; or
(iii)
an agreement between the parties that restitution will be determined by the court 
at a subsequent hearing in accordance with Section 
77-38b-205
.
(b)
At a subsequent hearing described in Subsection (6)(a)(iii), the court shall order the 
defendant, as a modified term of the plea in abeyance, to pay restitution to all victims 
for the entire amount of pecuniary damages that are proximately caused by the 
criminal conduct of the defendant.
(c)
The court shall collect, receive, process, and distribute payments for restitution to the 
victim, unless otherwise provided by law or by the plea in abeyance agreement.
(d)
If the defendant does not successfully complete the terms of the plea in abeyance, the 
court shall enter an order for restitution, in accordance with Chapter 38b, Crime 
Victims Restitution Act, upon entering a sentence for the defendant.
(7)
(a)
A court may not hold a plea in abeyance without the consent of both the 
prosecuting attorney and the defendant.
(b)
A decision by a prosecuting attorney not to agree to a plea in abeyance is final.
(8)
No plea may be held in abeyance in any case involving:
(a)
a sexual offense against an individual who is under 14 years old; or
(b)
a driving under the influence violation under Section 
41-6a-502
, 
41-6a-502.5
, 
41-6a-517
, 
41-6a-520
, 
41-6a-520.1
, 
41-6a-521.1
, 
76-5-102.1
, or 
76-5-207
.
(9)
(a)
If the terms of a plea in abeyance agreement allow a court to issue an order of 
expungement as described in Subsection (2)(c), the prosecuting attorney shall make a 
reasonable effort to provide notice to any victim of the offense of the terms of the 
plea in abeyance agreement.
(b)
The notice under Subsection (9)(a) shall:
(i)
state that the victim has a right to object to the expungement; and
(ii)
provide instructions for registering an objection with the court.
(c)
If there is a victim of the offense, the victim may file an objection with the court 
before the court makes a finding as to whether the defendant successfully completed 
the terms of the plea in abeyance agreement as described in Subsection (3).
(d)
The defendant may respond, in writing, to any objection filed by the victim within 14 
days after the day on which the objection is received by the court.
(10)
If the court issues an order of expungement under Subsection (3)(a)(iii), the court shall:
(a)
expunge all records of the case as described in Section 
77-40a-401
; and
(b)
notify the Bureau of Criminal Identification of the order of expungement.
(11)
(a)
Upon receiving notice from the court of an expungement order as described in 
Subsection (10), the Bureau of Criminal Identification shall notify any agency, as 
defined in Section 
77-40a-101
, affected by the expungement order.
(b)
For purposes of Subsection (11)(a), the Bureau of Criminal Identification may not 
notify the Board of Pardons and Parole of an expungement order if the individual has 
never been:
(i)
sentenced to prison in this state; or
(ii)
under the jurisdiction of the Board of Pardons and Parole.
(c)
The Bureau of Criminal Identification shall forward a copy of the expungement order 
to the Federal Bureau of Investigation.
(12)
The defendant may deliver copies of the expungement to any agency, as defined in 
Section 
77-40a-101
, affected by the order of expungement.
(13)
If an agency receives an expungement order under this part, the agency shall expunge 
all records for the case in accordance with Section 
77-40a-401
.
Section 33, Section 
77-16a-103
 is amended to read:
77-16a-103. Plea of guilty with a mental condition-- Procedures -- Sentencing -- 
Reduction -- Costs.
(1)
(a)
(i)
If a defendant wishes to enter a plea of guilty with a mental condition, the 
parties may stipulate as to:
(A)
whether the defendant had a mental condition at the time of the commission of 
the offense; and
(B)
whether the defendant could benefit from supervision or treatment.
(ii)
If the parties stipulate as described in Subsection (1)(a)(i), the court shall enter 
findings consistent with the parties' stipulation if the stipulation is supported by 
sufficient evidence.
(b)
If the parties do not stipulate to Subsection (1)(a)(i), the court shall hold a hearing 
and determine, by clear and convincing evidence:
(i)
whether the defendant had a mental condition at the time of the commission of the 
offense; and
(ii)
whether the defendant could benefit from supervision or treatment.
(c)
After reviewing the stipulation described in Subsection (1)(a)(i) or conducting a 
hearing under Subsection (1)(b):
(i)
if the court finds that the defendant had a mental condition at the time of the 
offense, the court shall accept the defendant's plea of guilty with a mental 
condition; or
(ii)
if the court finds that the defendant did not have a mental condition at the time of 
the offense, the court may not accept the defendant's plea of guilty with a mental 
condition.
(2)
(a)
If a defendant wishes to enter a plea of guilty with a mental condition for a felony 
offense and the parties do not stipulate to Subsection (1)(a)(i), before holding the 
hearing described in Subsection (1)(b), the court may order the defendant to submit 
to an examination, which may be conducted only by a forensic evaluator appointed 
by the department, to determine:
(i)
whether the defendant had a mental condition at the time of the commission of the 
offense;
(ii)
whether the defendant could benefit from supervision or treatment; or
(iii)
whether the defendant currently is competent to enter a plea.
(b)
(i)
If a defendant wishes to enter a plea of guilty with a mental condition for a 
misdemeanor offense and the parties do not stipulate to Subsection (1)(a)(i), 
before holding the hearing described in Subsection (1)(b), the court may order the 
defendant to submit to an examination by a forensic evaluator.
(ii)
The examination shall determine:
(A)
whether the defendant had a mental condition at the time of the commission of 
the offense;
(B)
whether the defendant could benefit from supervision or treatment; or
(C)
whether the defendant currently is competent to enter a plea.
(c)
Before an examination is conducted pursuant to Subsection (1)(b) or this Subsection 
(2):
(i)
the petitioner or other party, as directed by the court or requested by the 
department, shall provide to the forensic evaluation provider nonmedical 
information and materials relevant to a treatment assessment, including the 
charging document, arrest or incident reports pertaining to the charged offense, 
known criminal history information, and known prior mental health evaluations 
and treatments; and
(ii)
for purposes of a guilty with a mental condition evaluation, a custodian of mental 
health records pertaining to the defendant, including the defendant's prior mental 
health evaluations or records relating to the defendant's substance use disorder, 
may provide the records to:
(A)
with the defendant's consent, a forensic evaluation provider or the department 
on the department's request; or
(B)
pursuant to an order of the court, a forensic evaluation provider.
(3)
(a)
If a defendant relies on a private mental health evaluation in support of the 
defendant's plea of guilty with a mental condition and the parties do not stipulate to 
Subsection (1)(a)(i), upon the request of the prosecutor before the hearing described 
in Subsection (1)(b), the court shall order the defendant to submit to an examination 
by:
(i)
the department if the offense is a felony; or
(ii)
the department or a forensic evaluator if the offense is a misdemeanor.
(b)
The petitioner or other party, as directed by the court or requested by the department, 
shall provide to the private mental health evaluation provider nonmedical information 
and materials relevant to a treatment assessment, including the charging document, 
arrest or incident reports pertaining to the charged offense, known criminal history 
information, and known prior mental health evaluations and treatments.
(c)
For purposes of a guilty with a mental condition evaluation, a custodian of mental 
health records pertaining to the defendant, including the defendant's prior mental 
health evaluations or records relating to the defendant's substance use disorder, may 
provide the records to:
(i)
with the defendant's consent, a private mental health evaluation provider or the 
department on the department's request; or
(ii)
pursuant to an order of the court, a private mental health evaluation provider.
(4)
If a court finds that a defendant was guilty with a mental condition at the time of the 
offense in accordance with Subsection (1)(c)(i) but would not benefit from available 
supervision or treatment, the court shall hold a sentencing hearing within 45 days of the 
entry of the defendant's plea of guilty with a mental condition.
(5)
(a)
If a court finds that a defendant had a mental condition at the time of the 
commission of the offense, the defendant could benefit from supervision or 
treatment, and has entered a plea of guilty with a mental condition in accordance with 
Subsection (1)(c)(i), the court:
(i)
shall order:
(A)
the department to provide a treatment assessment of the defendant and to 
submit to the court treatment recommendations for the defendant; or
(B)
the defendant to arrange for a treatment assessment of the defendant with a 
private provider and for the private provider to submit to the court treatment 
recommendations for the defendant;
(ii)
shall schedule a treatment review hearing within 30 days after the day on which 
the court entered the plea of guilty with a mental condition; and
(iii)
may defer sentencing for up to one year in accordance with Subsection (6), if the 
defendant consents to a deferred sentence.
(b)
The petitioner or other party, as directed by the court or requested by the department, 
shall provide to the treatment assessment provider nonmedical information and 
materials relevant to a treatment assessment, including the charging document, arrest 
or incident reports pertaining to the charged offense, known criminal history 
information, and known prior mental health evaluations and treatments.
(c)
For purposes of a guilty with a mental condition treatment assessment, a custodian of 
mental health records pertaining to the defendant, including the defendant's prior 
mental health evaluations or records relating to the defendant's substance use 
disorder, may provide the records to:
(i)
with the defendant's consent, a treatment assessment provider or the department on 
the department's request; or
(ii)
pursuant to an order of the court, a treatment assessment provider.
(d)
At the treatment review hearing described in Subsection (5)(a)(ii), the court shall:
(i)
consider all available diagnosis, treatment, and supervision recommendations;
(ii)
if a party does not agree with treatment recommendations issued by the 
department under Subsection (5)(a)(i)(A), hold a hearing on the issue of the 
department's recommendations and make appropriate modifications to the 
recommendations if necessary; and
(iii)
order the defendant to comply with all treatment and supervision 
recommendations that are in the best interest of the defendant and public safety.
(e)
(i)
In determining treatment and supervision recommendations under Subsection 
(5)(d), the court may order the defendant to be placed in a secure setting as 
described in Subsections (5)(e)(ii) and (iii) if the court finds that the placement 
would be in the best interest of the defendant, a victim of the defendant, or public 
safety.
(ii)
(A)
If the offense is a class C misdemeanor, the court may not place the 
defendant in a secure setting for more than 90 days.
(B)
If the offense is a class B misdemeanor, the court may not place the defendant 
in a secure setting for more than six months.
(C)
If the offense is a class A misdemeanor or a felony, the court may place the 
defendant in a secure setting for up to one year.
(iii)
The court shall, before making a determination as to a secure setting placement, 
notify the executive director of the proposed placement and provide the 
department with an opportunity to:
(A)
evaluate the defendant; and
(B)
make a recommendation regarding placement to the court.
(f)
If the court determines that the defendant is eligible for supervised release as part of 
the defendant's treatment and supervision recommendations under Subsection (5)(d), 
except as provided in Section 
76-3-406
, the court may order:
(i)
if the offense is a felony:
(A)
supervision by 
the Division of 
Adult Probation and Parole
 created in Section 
64-14-202
, or a third party that is approved by 
the Division of 
Adult Probation 
and Parole, for a period of up to one year in accordance with the applicable 
supervision provisions described in Title 64, Chapter 13, Department of 
Corrections - State Prison
, and Title 64, Chapter 14, Adult Probation and Parole
; 
and
(B)
mental health supervision by:
(I)
the department or a local mental health authority; or
(II)
if the court determines that it is appropriate, a public or private entity that 
provides mental or behavioral health services and is approved by the; or
(ii)
if the offense is a misdemeanor, mental health supervision by:
(A)
a local mental health authority; or
(B)
if the court determines that it is appropriate, a public or private entity that 
provides mental or behavioral health services and is approved by the 
department.
(g)
(i)
After the initial review hearing described in Subsection (5)(a), the court shall 
hold periodic review hearings approximately every 90 days, the frequency of 
which may be modified by the court.
(ii)
At a review hearing described in Subsection (5)(g)(i):
(A)
the department or the department's designee shall report on the progress of the 
defendant, provide recommendations for the defendant's future care, treatment, 
and secure or unsecure placement, and advise the court on the medical 
necessity of treatments for the defendant;
(B)
the court shall review the status of the defendant and determine whether any 
changes are needed to the defendant's supervision or treatment plan; and
(C)
a party may request, if the party has a good faith basis, that the court review or 
change the defendant's placement within a secure or non-secure setting.
(h)
If a defendant is willfully non-compliant with the treatment or supervision ordered 
by the court under this Subsection (5), the court shall hold an order to show cause 
hearing to determine whether the court should:
(i)
proceed with sentencing under Subsection (6);
(ii)
change the defendant's placement to a secure setting;
(iii)
impose another sanction; or
(iv)
take no action.
(6)
(a)
The court shall defer sentencing for a defendant who has pleaded guilty with a 
mental condition as described in Subsection (5) until:
(i)
the court determines, after an order to show cause hearing or a review hearing as 
described in Subsection (5), that:
(A)
the defendant is willfully non-compliant with treatment or supervision and is 
unlikely to become compliant with further ordered treatment or supervision; or
(B)
the defendant has reached the maximum benefit of treatment and supervision; 
or
(ii)
one year has elapsed after the day on which the court entered the defendant's plea 
of guilty with a mental condition.
(b)
At the sentencing hearing, the court shall:
(i)
consider all treatment and supervision that has occurred before the sentencing 
hearing in the defendant's case;
(ii)
credit any time the defendant has spent in a mental health facility or other 
residential treatment facility or a secure facility against the defendant's sentence;
(iii)
consider victim input;
(iv)
consider the best interests of the defendant, including which sentence will help 
prevent the defendant:
(A)
from losing the defendant's ability to control the defendant's state of mental 
health; and
(B)
from committing additional criminal conduct related to the defendant's mental 
condition;
(v)
consider the best interest of public safety; and
(vi)
consider any other relevant factor or circumstance.
(7)
(a)
Except as provided in Subsection (7)(b), after a defendant who has been sentenced 
under Subsection (6) has completed the defendant's sentence and any probation or 
parole:
(i)
notwithstanding the contrary provisions in Subsection 
76-3-402
(4) or 
76-3-406
(1), 
the court has jurisdiction to enter a judgment of conviction and shall reduce the 
judgment of conviction for the offense by two degrees from the original offense; 
and
(ii)
notwithstanding the contrary provisions in Subsection 
76-3-402
(4) or 
76-3-406
(1), 
if the prosecuting attorney specifically agrees in writing or on the court record at 
any time, the court has jurisdiction to consider and enter a judgment of conviction 
and may enter a judgment of conviction for the offense that is reduced by up to 
three degrees from the original offense.
(b)
If a defendant's probation is revoked and any suspended sentence is imposed, the 
defendant may not receive a reduction under this Subsection (7).
(8)
(a)
(i)
Except as provided in Subsection (8)(a)(iv), when the offense is a state 
offense, expenses of examination, observation, and treatment for the defendant 
shall be paid by the department when not paid for by the defendant's insurance.
(ii)
Travel expenses shall be paid by the county where prosecution is commenced.
(iii)
Expenses of examination for a defendant charged with a violation of a municipal 
or county ordinance shall be paid by the municipality or county that commenced 
the prosecution.
(iv)
The department is not responsible for payment for an evaluation described in 
Subsection (3)(a)(ii) that is conducted by a forensic evaluator who is privately 
retained by a party.
(b)
(i)
Provisions in this part for the support at public expense of a defendant with a 
mental condition do not release an insurer of a defendant with a mental condition 
from liability for the care or treatment of the defendant with a mental condition.
(ii)
The department is authorized to collect amounts spent on a defendant with a 
mental condition from an insurer of the defendant with a mental condition.
(iii)
A health insurance company may not deny coverage for court-ordered treatment 
or supervision of a defendant with a mental condition solely based on the fact that 
the treatment or supervision is ordered by a court if the treatment or supervision is 
medically necessary and would otherwise be a covered benefit under the 
defendant's insurance plan.
(9)
A guilty with a mental condition evaluation conducted under this section is also subject 
to the procedural requirements of Subsections 
77-15-5
(8) through (11) and 
77-15-6
(4)(a).
Section 34, Section 
77-16a-205
 is amended to read:
77-16a-205. Parole.
(1)
When an offender with a mental condition who has been committed to the department 
becomes eligible to be considered for parole, the board shall request a recommendation 
from the executive director and from UDC before placing the offender on parole.
(2)
Before setting a parole date, the board shall request that its mental health adviser 
prepare a report regarding the offender with a mental condition, including:
(a)
all available clinical facts;
(b)
the diagnosis;
(c)
the course of treatment received at the mental health facility;
(d)
the prognosis for remission of symptoms;
(e)
potential for recidivism;
(f)
an estimation of the dangerousness of the offender with a mental condition either to 
self or others; and
(g)
recommendations for future treatment.
(3)
Based on the report described in Subsection 
(2)
, the board may place the offender with a 
mental condition on parole. The board may require mental health treatment as a 
condition of parole. If treatment is ordered, failure to continue treatment, except by 
agreement with the treatment provider, and the board, is a basis for initiation of parole 
violation hearings by the board.
(4)
(a)
UDC, through Adult Probation and Parole,
The Division of Adult Probation and 
Parole created in Section 
64-14-202
 shall monitor the status of an offender with a 
mental condition who has been placed on parole.
(b)
UDC may provide treatment by contracting with the department, a local mental 
health authority, any other public or private provider, or in-house staff.
(5)
The board may not subsequently reduce the period of parole without considering an 
updated report on the offender's current mental condition.
Section 35, Section 
77-18-102
 is amended to read:
77-18-102. Definitions.
As used in this chapter:
(1)
"Assessment" means the same as the term "risk and needs assessment" in Section 
77-1-3
.
(2)
"Board" means the Board of Pardons and Parole.
(3)
"Civil accounts receivable" means the same as that term is defined in Section 
77-32b-102
.
(4)
"Civil judgment of restitution" means the same as that term is defined in Section 
77-32b-102
.
(5)
"Convicted" means the same as that term is defined in Section 
76-3-201
.
(6)
"Criminal accounts receivable" means the same as that term is defined in Section 
77-32b-102
.
(7)
"Default" means the same as that term is defined in Section 
77-32b-102
.
(8)
"Delinquent" means the same as that term is defined in Section 
77-32b-102
.
(9)
"Department" means the Department of Corrections created in Section 
64-13-2
.
(10)
"Division" means the Division of Adult Probation and Parole created in Section 
64-14-202
.
(10)
(11)
"Habitual offender" means an individual who has been convicted in:
(a)
at least six cases for one or more felony offenses in each case; and
(b)
each case described in Subsection 
(10)(a)
(11)(a)
 within five years before the day on 
which the defendant is convicted of the felony offense before the court.
(11)
(12)
"Payment schedule" means the same as that term is defined in Section 
77-32b-102
.
(12)
(13)
"Restitution" means the same as that term is defined in Section 
77-38b-102
.
(13)
(14)
"Screening" means a tool or questionnaire that is designed to determine whether 
an individual needs further assessment or any additional resource or referral for 
treatment.
(14)
(15)
"Substance use disorder treatment" means treatment obtained through a 
substance use disorder program that is licensed by the Office of Licensing within the 
Department of Health and Human Services.
Section 36, 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
division
;
(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
division
 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
division
, 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
division
 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
Use
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 adult sentencing and 
supervision length guidelines, as defined in Section 
63M-7-401.1
, to the extent the 
guidelines are consistent with the requirements of the law; and
(iii)
shall be terminated in accordance with the adult sentencing and supervision 
length guidelines, as defined in Section 
63M-7-401.1
, 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 decision regarding probation:
(a)
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; and
(b)
the court may not rely solely on an algorithm or a risk assessment tool score.
Section 37, Section 
77-18-107
 is amended to read:
77-18-107. Home confinement -- Electronic monitoring for home confinement.
(1)
The court may order home confinement as a condition of probation under the 
supervision of the 
department
division
, except as provided in Sections 
76-3-406
 and 
76-5-406.5
.
(2)
The department shall establish procedures and standards for home confinement for all 
defendants supervised by the 
department
division
 for home confinement.
(3)
If the court places the defendant on probation and orders the defendant to participate in 
home confinement under Subsection 
(1)
, the court may order the defendant to participate 
in home confinement through the use of electronic monitoring until further order of the 
court.
(4)
The electronic monitoring of a defendant shall alert the 
department
division
 and the 
appropriate law enforcement agency of the defendant's whereabouts.
(5)
An electronic monitoring device shall be used under conditions that require:
(a)
the defendant to wear an electronic monitoring device at all times; and
(b)
the device be placed in the home of the defendant to monitor the defendant's 
compliance with the court's order.
(6)
If a court orders a defendant to participate in home confinement through electronic 
monitoring as a condition of probation under Subsection 
(3)
, the court shall:
(a)
place the defendant on probation under the supervision of the 
department
division
;
(b)
order the 
department
division
 to place an electronic monitoring device on the 
defendant and install electronic monitoring equipment in the residence of the 
defendant; and
(c)
order the defendant to pay the costs associated with home confinement to the 
department or the program provider.
(7)
The department shall pay the costs of home confinement through electronic monitoring 
only for an individual who is determined to be indigent by the court.
(8)
The department may provide the electronic monitoring described in this section directly 
or by contract with a private provider.
Section 38, 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
division
 shall send a written notice to the court:
(i)
when the 
department
division
 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 adult 
sentencing and supervision length guidelines, as defined in Section 
63M-7-401.1
.
(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 adult sentencing and 
supervision length guidelines, as defined in Section 
63M-7-401.1
;
(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 adult sentencing and supervision 
length guidelines, as defined in Section 
63M-7-401.1
.
(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 39, Section 
77-18-109
 is amended to read:
77-18-109. Standards for supervision and presentence investigation.
(1)
The department shall establish supervision and presentence investigation standards for 
all individuals referred to the 
department
division
 based on:
(a)
the type of offense;
(b)
the results of a screening and an assessment;
(c)
the demand for services;
(d)
the availability of agency resources;
(e)
public safety; and
(f)
other criteria established by the department to determine what level of services shall 
be provided.
(2)
The department shall submit proposed supervision and presentence investigation 
standards annually to the Judicial Council and the board for review and comment before 
the department adopts the standards.
(3)
The Judicial Council and the department shall establish procedures 
for the division 
to 
implement the supervision and presentence investigation standards.
(4)
The Judicial Council and the department shall annually consider modifications to the 
standards based upon criteria in Subsection 
(1)
 and other criteria as the Judicial Council 
and the department consider appropriate.
(5)
The Judicial Council and the department shall:
(a)
annually prepare an impact report; and
(b)
submit the impact report to the appropriate legislative appropriations subcommittee.
Section 40, Section 
77-20-203
 is amended to read:
77-20-203. County sheriff authority to release an individual from jail on own 
recognizance.
(1)
As used in this section:
(a)
"Division" means the Division of Adult Probation and Parole created in Section 
64-14-202
.
(a)
(b)
(i)
"Qualifying domestic violence offense" means the same as that term is 
defined in Subsection 
77-36-1.1
(4).
(ii)
"Qualifying domestic violence offense" does not include criminal mischief as 
described in Section 
76-6-106
.
(b)
(c)
"Qualifying offense" means the same as that term is defined in Section 
78B-7-801
.
(c)
(d)
"Violent felony" means the same as that term is defined in Section 
76-3-203.5
.
(2)
Except as provided in Subsection (3), a county jail official may release an individual 
from a jail facility on the individual's own recognizance if:
(a)
the individual was arrested without a warrant;
(b)
the individual was not arrested for:
(i)
a violent felony;
(ii)
a qualifying offense;
(iii)
the offense of driving under the influence or driving with a measurable 
controlled substance in the body if the offense results in death or serious bodily 
injury to an individual; or
(iv)
an offense described in Subsection 
76-9-101
(4);
(c)
law enforcement has not submitted a probable cause statement to a court or 
magistrate;
(d)
the individual agrees in writing to appear for any future criminal proceedings related 
to the arrest; and
(e)
the individual qualifies for release under the written policy described in Subsection 
(4) for the county.
(3)
A county jail official may not release an individual from a jail facility if the individual is 
subject to a 72-hour hold placed on the individual by the Department of Corrections as 
described in Section 
64-13-29
64-14-205
.
(4)
(a)
A county sheriff shall create and approve a written policy for the county that 
governs the release of an individual on the individual's own recognizance.
(b)
The written policy shall describe the criteria an individual shall meet to be released 
on the individual's own recognizance.
(c)
A county sheriff may include in the written policy the criteria for release relating to:
(i)
criminal history;
(ii)
prior instances of failing to appear for a mandatory court appearance;
(iii)
current employment;
(iv)
residency;
(v)
ties to the community;
(vi)
an offense for which the individual was arrested;
(vii)
any potential criminal charges that have not yet been filed;
(viii)
the individual's health condition;
(ix)
any potential risks to a victim, a witness, or the public; and
(x)
any other similar factor a sheriff determines is relevant.
(5)
(a)
Except as provided in Subsection (5)(b)(ii), a jail facility shall detain an individual 
for up to 24 hours from booking if:
(i)
the individual is on supervised probation or parole and that information is 
reasonably available; and
(ii)
the individual was arrested for:
(A)
a violent felony; or
(B)
a qualifying domestic violence offense.
(b)
The jail facility shall:
(i)
notify the entity supervising the individual's probation or parole that the individual 
is being detained; and
(ii)
release the individual:
(A)
to the 
Department of Corrections if the Department of Corrections
division if 
the division
 supervises the individual and requests the individual's release; or
(B)
if a court or magistrate orders release.
(c)
This Subsection (5) does not prohibit a jail facility from holding the individual in 
accordance with this chapter for a new criminal offense.
(6)
This section does not prohibit a court and a county from entering into an agreement 
regarding release.
Section 41, Section 
77-20-204
 is amended to read:
77-20-204. County jail authority to release an individual from jail on monetary 
bail.
(1)
As used in this section, "eligible felony offense" means a third degree felony violation 
under:
(a)
Section 
23A-4-501
 or 
23A-4-502
;
(b)
Section 
23A-5-311
;
(c)
Section 
23A-5-313
;
(d)
Title 76, Chapter 6, Part 4, Theft;
(e)
Title 76, Chapter 6, Part 5, Fraud;
(f)
Title 76, Chapter 6, Part 6, Retail Theft;
(g)
Title 76, Chapter 6, Part 7, Utah Computer Crimes Act;
(h)
Title 76, Chapter 6, Part 8, Library Theft;
(i)
Title 76, Chapter 6, Part 9, Cultural Sites Protection;
(j)
Title 76, Chapter 6, Part 10, Mail Box Damage and Mail Theft;
(k)
Title 76, Chapter 6, Part 11, Identity Fraud Act;
(l)
Title 76, Chapter 6, Part 12, Utah Mortgage Fraud Act;
(m)
Title 76, Chapter 6, Part 13, Utah Automated Sales Suppression Device Act;
(n)
Title 76, Chapter 6, Part 14, Regulation of Metal Dealers;
(o)
Title 76, Chapter 6a, Pyramid Scheme Act;
(p)
Title 76, Chapter 7, Offenses Against the Family;
(q)
Title 76, Chapter 7a, Abortion Prohibition;
(r)
Title 76, Chapter 9, Part 2, Electronic Communication and Telephone Abuse;
(s)
Title 76, Chapter 9, Part 3, Cruelty to Animals;
(t)
Title 76, Chapter 9, Part 4, Offenses Against Privacy;
(u)
Title 76, Chapter 9, Part 5, Libel; or
(v)
Title 76, Chapter 9, Part 6, Offenses Against the Flag.
(2)
Except as provided in Subsection (7)(a), a county jail official may fix a financial 
condition for an individual if:
(a)
(i)
the individual is ineligible to be released on the individual's own recognizance 
under Section 
77-20-203
;
(ii)
the individual is arrested for, or charged with:
(A)
a misdemeanor offense under state law; or
(B)
a violation of a city or county ordinance that is classified as a class B or C 
misdemeanor offense;
(iii)
the individual agrees in writing to appear for any future criminal proceedings 
related to the arrest; and
(iv)
law enforcement has not submitted a probable cause statement to a magistrate; or
(b)
(i)
the individual is arrested for, or charged with, an eligible felony offense;
(ii)
the individual is not on pretrial release for a separate criminal offense;
(iii)
the individual is not on probation or parole;
(iv)
the primary risk posed by the individual is the risk of failure to appear;
(v)
the individual agrees in writing to appear for any future criminal proceedings 
related to the arrest; and
(vi)
law enforcement has not submitted a probable cause statement to a magistrate.
(3)
A county jail official may not fix a financial condition at a monetary amount that 
exceeds:
(a)
$5,000 for an eligible felony offense;
(b)
$1,950 for a class A misdemeanor offense;
(c)
$680 for a class B misdemeanor offense;
(d)
$340 for a class C misdemeanor offense;
(e)
$150 for a violation of a city or county ordinance that is classified as a class B 
misdemeanor; or
(f)
$80 for a violation of a city or county ordinance that is classified as a class C 
misdemeanor.
(4)
If an individual is arrested for more than one offense, and the county jail official fixes a 
financial condition for release:
(a)
the county jail official shall fix the financial condition at a single monetary amount; 
and
(b)
the single monetary amount may not exceed the monetary amount under Subsection 
(3) for the highest level of offense for which the individual is arrested.
(5)
Except as provided in Subsection (7)(b), an individual shall be released if the individual 
posts a financial condition fixed by a county jail official in accordance with this section.
(6)
If a county jail official fixes a financial condition for an individual, law enforcement 
shall submit a probable cause statement in accordance with Rule 9 of the Utah Rules of 
Criminal Procedure after the county jail official fixes the financial condition.
(7)
Once a magistrate begins a review of an individual's case under Rule 9 of the Utah 
Rules of Criminal Procedure:
(a)
a county jail official may not fix or modify a financial condition for an individual; 
and
(b)
if a county jail official fixed a financial condition for the individual before the 
magistrate's review, the individual may no longer be released on the financial 
condition.
(8)
A jail facility may not release an individual subject to a 72-hour hold placed on the 
individual by the Department of Corrections as described in Section 
64-13-29
64-14-205
.
(9)
This section does not prohibit a court and a county from entering into an agreement 
regarding release.
Section 42, 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
64-14-204
, 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 in the adult sentencing 
and supervision length guidelines, as defined in Section 
63M-7-401.1
, 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
64-14-204
.
(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
64-14-204
; or
(b)
when the graduated and evidence-based responses established in accordance with 
Section 
64-13-21
64-14-204
 indicate, refer the parolee to the Board of Pardons and 
Parole for revocation of parole.
Section 43, Section 
77-27-10.5
 is amended to read:
77-27-10.5. Special condition of parole -- Penalty.
(1)
In accordance with Section 
77-27-5
, the Board of Pardons and Parole may release the 
defendant on parole and as a condition of parole, the board may order the defendant to 
be prohibited from directly or indirectly engaging in any profit or benefit generating 
activity relating to the publication of facts or circumstances pertaining to the defendant's 
involvement in the criminal act for which the defendant is convicted.
(2)
The order may prohibit the defendant from contracting with any person, firm, 
corporation, partnership, association, or other legal entity with respect to the commission 
and reenactment of the defendant's criminal conduct, by way of a movie, book, 
magazine article, tape recording, phonograph record, radio, or television presentations, 
live entertainment of any kind, or from the expression of the defendant's thoughts, 
feelings, opinions, or emotions regarding the criminal conduct.
(3)
The board may order that the prohibition includes any event undertaken and 
experienced by the defendant while avoiding apprehension from the authorities or while 
facing criminal charges.
(4)
The board may order that any action taken by the defendant by way of execution of 
power of attorney, creation of corporate entities, or other action to avoid compliance 
with the board's order shall be grounds for revocation of parole as provided in Section 
77-27-11
.
(5)
The Division of 
Adult Probation and Parole 
created in Section 
64-14-202
shall notify 
the board of any alleged violation of the board's order under this section.
(6)
The violation of the board's order shall be considered a violation of parole.
(7)
For purposes of this section:
(a)
"convicted" means a conviction by entry of a plea of guilty or nolo contendere, guilty 
with a mental condition, no contest, and conviction of any crime or offense; and
(b)
"defendant" means the convicted defendant, the defendant's assignees, and 
representatives acting on the defendant's authority.
Section 44, Section 
77-27-11
 is amended to read:
77-27-11. Revocation of parole.
(1)
The board may revoke the parole of any individual who is found to have violated any 
condition of the individual's parole.
(2)
(a)
If a parolee is confined by the department or any law enforcement official for a 
suspected violation of parole, the department:
(i)
shall immediately report the alleged violation to the board, by means of an 
incident report; and
(ii)
make any recommendation regarding the incident.
(b)
A parolee may not be held for a period longer than 72 hours, excluding weekends 
and holidays, without first obtaining a warrant.
(c)
The board shall expeditiously consider warrant requests from the department under 
Section 
64-13-29
64-14-205
.
(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 adult sentencing and supervision length guidelines, as defined 
in Section 
63M-7-401.1
; 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 45, Section 
77-32b-102
 is amended to read:
77-32b-102. Definitions.
As used in this chapter:
(1)
"Board" means the Board of Pardons and Parole.
(2)
(a)
"Civil accounts receivable" means any amount of the criminal accounts receivable 
that is owed by the defendant that has not been paid on or before the day on which:
(i)
the defendant's sentence is terminated; or
(ii)
the court enters an order for a civil accounts receivable under Subsection 
77-18-114
(1) or (2).
(b)
"Civil accounts receivable" does not include any amount of the criminal accounts 
receivable that is owed by the defendant for restitution.
(3)
"Civil judgment of restitution" means any amount of the criminal accounts receivable 
that is owed by the defendant for restitution that has not been paid on or before the day 
on which the defendant's sentence is terminated.
(4)
(a)
"Criminal accounts receivable" means any amount owed by a defendant that arises 
from a criminal judgment until:
(i)
the defendant's sentence terminates;
(ii)
the court enters an order for a civil accounts receivable under Subsection 
77-18-114
(1) or (2); or
(iii)
if the court requires the defendant, upon termination of the probation period for 
the defendant, to continue to make payments on the criminal accounts as 
described in Subsection 
77-18-105
(8), the defendant's sentence expires.
(b)
"Criminal accounts receivable" includes any unpaid:
(i)
fee, including the monthly supervision fee described in Subsection 
64-13-21
(6)
64-14-204(6)
;
(ii)
forfeiture;
(iii)
surcharge;
(iv)
cost;
(v)
interest;
(vi)
penalty;
(vii)
restitution;
(viii)
third party claim;
(ix)
reimbursement of a reward; and
(x)
damages.
(5)
"Default" means a civil accounts receivable, a civil judgment of restitution, or a criminal 
accounts receivable that is overdue by at least 90 days.
(6)
"Delinquent" means a civil accounts receivable, a civil judgment of restitution, or a 
criminal account receivable that is overdue by more than 28 days but less than 90 days.
(7)
"Payment schedule" means the amount that is be paid by a defendant in installments, or 
by a certain date, to satisfy a criminal accounts receivable for the defendant.
(8)
"Remit" or "remission" means to forgive or to excuse, in whole or in part, any unpaid 
amount of a criminal accounts receivable.
(9)
"Restitution" means the same as that term is defined in Section 
77-38b-102
.
Section 46, Section 
77-36-5.1
 is amended to read:
77-36-5.1. Conditions of probation for domestic violence offense.
(1)
Before a perpetrator who is convicted or adjudicated of a domestic violence offense may 
be placed on probation, the court shall consider the safety and protection of the victim 
and any member of the victim's family or household.
(2)
The court may condition probation or a plea in abeyance on the perpetrator's compliance 
with one or more orders of the court, which may include:
(a)
a sentencing protective order issued under Section 
78B-7-804
;
(b)
prohibiting the perpetrator from possessing or consuming alcohol or controlled 
substances;
(c)
prohibiting the perpetrator from purchasing, using, or possessing a firearm or other 
specified weapon;
(d)
directing the perpetrator to surrender any weapons the perpetrator owns or possesses;
(e)
directing the perpetrator to participate in and complete, to the satisfaction of the 
court, a program of intervention for perpetrators, treatment for alcohol or substance 
abuse, or psychiatric or psychological treatment;
(f)
directing the perpetrator to pay restitution to the victim, enforcement of which shall 
be in accordance with 
Chapter 38b, Crime Victims Restitution Act
; and
(g)
imposing any other condition necessary to protect the victim and any other 
designated family or household member or to rehabilitate the perpetrator.
(3)
The perpetrator is responsible for the costs of any condition of probation, according to 
the perpetrator's ability to pay.
(4)
(a)
The Division of 
Adult Probation and Parole
 created in Section 
64-14-202
, or other 
provider, shall immediately report to the court and notify the victim of any offense 
involving domestic violence committed by the perpetrator, the perpetrator's failure to 
comply with any condition imposed by the court, and any violation of a sentencing 
protective order issued by the court under Section 
78B-7-804
.
(b)
Notification of the victim under Subsection 
(4)(a)
 shall consist of a good faith 
reasonable effort to provide prompt notification, including mailing a copy of the 
notification to the last-known address of the victim.
(5)
In addition to a protective order issued under this section, the court may issue a separate 
order relating to the transfer of a wireless telephone number in accordance with Section 
78B-7-117
.
Section 47, Section 
77-38-3
 is amended to read:
77-38-3. Notification to victims -- Initial notice, election to receive subsequent 
notices -- Form of notice -- Protected victim information -- Pretrial criminal no contact 
order.
(1)
Within seven days after the day on which felony criminal charges are filed against a 
defendant, the prosecuting agency shall provide an initial notice to reasonably 
identifiable and locatable victims of the crime contained in the charges, except as 
otherwise provided in this chapter.
(2)
The initial notice to the victim of a crime shall provide information about electing to 
receive notice of subsequent important criminal justice hearings listed in Subsections 
77-38-2
(5)(a) through (g) and rights under this chapter.
(3)
The prosecuting agency shall provide notice to a victim of a crime:
(a)
for the important criminal justice hearings, provided in Subsections 
77-38-2
(5)(a) 
through (g), which the victim has requested; and
(b)
for a restitution request to be submitted in accordance with Section 
77-38b-202
.
(4)
(a)
The responsible prosecuting agency may provide initial and subsequent notices in 
any reasonable manner, including telephonically, electronically, orally, or by means 
of a letter or form prepared for this purpose.
(b)
In the event of an unforeseen important criminal justice hearing, described in 
Subsections 
77-38-2
(5)(a) through (g) for which a victim has requested notice, a 
good faith attempt to contact the victim by telephone shall be considered sufficient 
notice, provided that the prosecuting agency subsequently notifies the victim of the 
result of the proceeding.
(5)
(a)
The court shall take reasonable measures to ensure that its scheduling practices for 
the proceedings provided in Subsections 
77-38-2
(5)(a) through (g) permit an 
opportunity for victims of crimes to be notified.
(b)
The court shall consider whether any notification system that the court might use to 
provide notice of judicial proceedings to defendants could be used to provide notice 
of judicial proceedings to victims of crimes.
(6)
A defendant or, if it is the moving party, the Division of Adult Probation and Parole
created in Section 
64-14-202
, shall give notice to the responsible prosecuting agency of 
any motion for modification of any determination made at any of the important criminal 
justice hearings provided in Subsections 
77-38-2
(5)(a) through (g) in advance of any 
requested court hearing or action so that the prosecuting agency may comply with the 
prosecuting agency's notification obligation.
(7)
(a)
Notice to a victim of a crime shall be provided by the Board of Pardons and 
Parole for the important criminal justice hearing under Subsection 
77-38-2
(5)(h).
(b)
The board may provide notice in any reasonable manner, including telephonically, 
electronically, orally, or by means of a letter or form prepared for this purpose.
(8)
Prosecuting agencies and the Board of Pardons and Parole are required to give notice to 
a victim of a crime for the proceedings provided in Subsections 
77-38-2
(5)(a) through (g) 
only where the victim has responded to the initial notice, requested notice of subsequent 
proceedings, and provided a current address and telephone number if applicable.
(9)
To facilitate the payment of restitution and the notice of hearings regarding restitution, a 
victim who seeks restitution and notice of restitution hearings shall provide the court 
with the victim's current address and telephone number.
(10)
(a)
Law enforcement and criminal justice agencies shall refer any requests for notice 
or information about crime victim rights from victims to the responsible prosecuting 
agency.
(b)
In a case in which the Board of Pardons and Parole is involved, the responsible 
prosecuting agency shall forward any request for notice the prosecuting agency has 
received from a victim to the Board of Pardons and Parole.
(11)
In all cases where the number of victims exceeds 10, the responsible prosecuting 
agency may send any notices required under this chapter in the prosecuting agency's 
discretion to a representative sample of the victims.
(12)
(a)
A victim's address, telephone number, and victim impact statement maintained 
by a peace officer, prosecuting agency, Youth Parole Authority, Division of Juvenile 
Justice and Youth Services, Department of Corrections, Utah State Courts, and Board 
of Pardons and Parole, for purposes of providing notice under this section, are 
classified as protected under Subsection 
63G-2-305
(10).
(b)
The victim's address, telephone number, and victim impact statement is available 
only to the following persons or entities in the performance of their duties:
(i)
a law enforcement agency, including the prosecuting agency;
(ii)
a victims' right committee as provided in Section 
77-37-5
;
(iii)
a governmentally sponsored victim or witness program;
(iv)
the Department of Corrections;
(v)
the Utah Office for Victims of Crime;
(vi)
the Commission on Criminal and Juvenile Justice;
(vii)
the Utah State Courts; and
(viii)
the Board of Pardons and Parole.
(13)
The notice provisions as provided in this section do not apply to misdemeanors as 
provided in Section 
77-38-5
 and to important juvenile justice hearings as provided in 
Section 
77-38-2
.
(14)
(a)
When a defendant is charged with a felony crime under Sections 
76-5-301
through 
76-5-310.1
 regarding kidnapping, human trafficking, and human smuggling; 
Sections 
76-5-401
 through 
76-5-413.2
 regarding sexual offenses; or Section 
76-10-1306
 regarding aggravated exploitation of prostitution, the court may, during 
any court hearing where the defendant is present, issue a pretrial criminal no contact 
order:
(i)
prohibiting the defendant from harassing, telephoning, contacting, or otherwise 
communicating with the victim directly or through a third party;
(ii)
ordering the defendant to stay away from the residence, school, place of 
employment of the victim, and the premises of any of these, or any specified place 
frequented by the victim or any designated family member of the victim directly 
or through a third party; and
(iii)
ordering any other relief that the court considers necessary to protect and provide 
for the safety of the victim and any designated family or household member of the 
victim.
(b)
Violation of a pretrial criminal no contact order issued pursuant to this section is a 
third degree felony.
(c)
(i)
The court shall provide to the victim a certified copy of any pretrial criminal no 
contact order that has been issued if the victim can be located with reasonable 
effort.
(ii)
The court shall also transmit the pretrial criminal no contact order to the statewide 
domestic violence network in accordance with Section 
78B-7-113
.
(15)
(a)
When a case involving a victim may resolve before trial with a plea deal, the 
prosecutor shall notify the victim of that possibility as soon as practicable.
(b)
Upon the request of a victim described in Subsection (15)(a), the prosecutor shall 
explain the available details of an anticipated plea deal.
Section 48, Section 
77-38-611
 is amended to read:
77-38-611. Address use by state or local government entities.
(1)
Except as otherwise provided in Subsection 
(7)
, a program participant is responsible for 
requesting that a state or local government entity use the program participant's assigned 
address as the program participant's residential address.
(2)
Except as otherwise provided in this part, if a program participant submits a valid 
authorization card, or a notification form, to a state or local government entity, the state 
or local government entity shall accept the assigned address listed on the authorization 
card or notification form as the program participant's address to be used as the program 
participant's residential address when creating a record.
(3)
The program participant's assigned address shall be listed as the last known address if 
any last known address requirement is needed by the state or local government entity.
(4)
The state or local government entity may photocopy a program participant's 
authorization card for a record for the state or local government entity, but the state or 
local government entity shall immediately return the authorization card to the program 
participant.
(5)
(a)
An election official, as defined in Section 
20A-1-102
, shall:
(i)
use a program participant's actual address for precinct designation and all official 
election-related purposes;
(ii)
classify the program participant's actual address as concealed; and
(iii)
keep the program participant's actual address confidential from the public.
(b)
A program participant may not use the program participant's assigned address for 
voter registration.
(c)
An election official shall use the assigned address for all correspondence and mail for 
the program participant placed in the United States mail.
(d)
A state or local government entity's access to a program participant's voter 
registration is subject to the request for disclosure process under Section 
77-38-612
.
(e)
This Subsection 
(5)
 applies only to a program participant who submits a valid 
authorization card or a notification form when registering to vote.
(6)
(a)
A state or local government entity may not use a program participant's assigned 
address for the purposes of listing, or appraising a property, or assessing property 
taxes.
(b)
Except as provided by Subsection 
(6)(c)
, all property assessments and tax notices, 
property tax collection notices, and all property related correspondence placed in the 
United States mail for the program participant shall be addressed to the assigned 
address.
(c)
The State Tax Commission shall use the actual address of a program participant, 
unless the commission provides the following information to the State Tax 
Commission:
(i)
the full name of the program participant; and
(ii)
the program participant's social security number, federal employee identification 
number, and any other identification number related to a tax, fee, charge, or 
license administered by the State Tax Commission.
(7)
(a)
A state or local government entity may not use a program participant's assigned 
address for purposes of assessing any taxes or fees on a motor vehicle or a watercraft 
for titling or registering a motor vehicle or a watercraft.
(b)
Except as provided by Subsection 
(7)(c)
, all motor vehicle and watercraft 
assessments and tax notices, title registration notices, and all related correspondence 
placed in the United States mail for the program participant is required to be 
addressed to the assigned address.
(c)
The Motor Vehicle Division shall use the actual address of a program participant, 
unless the commission provides the following information to the Motor Vehicle 
Division:
(i)
the full name of the program participant;
(ii)
the assigned address of the program participant;
(iii)
the motor vehicle or hull identification number for each motor vehicle or 
watercraft that is owned or leased by the program participant;
(iv)
the license plate or registration number for each motor vehicle or watercraft that 
is owned or leased by the program participant; and
(v)
the physical address where each motor vehicle or watercraft that is owned or 
leased by the program participant.
(d)
Notwithstanding any other provision of this part, the Motor Vehicle Division may 
disclose to another state or local government entity all information that is necessary 
for the state or local government entity to distribute any taxes or fees collected for 
titling or registering a motor vehicle or a watercraft.
(e)
Notwithstanding Section 
41-1a-116
 or any other provision of this part, the Motor 
Vehicle Division may not disclose the actual address of a program participant 
described in Subsection 
77-38-605(3)(m)(ii)
 to:
(i)
the Utah Criminal Justice Information System; or
(ii)
the title, lien, and registration system that is provided to the Motor Vehicle 
Division by a third party contractor and is accessed in accordance with Subsection 
41-1a-116(4)
.
(8)
(a)
The Department of Corrections
The Division of Adult Probation and Parole 
created in Section 
64-14-202
, or any other entity responsible for supervising a 
program participant who is on probation or parole as a result of a criminal conviction 
or an adjudication, may not use the program participant's assigned address if the 
program participant's actual address is necessary for supervising the program 
participant.
(b)
All written communication delivered through the United States mail to the program 
participant by the Department of Corrections, or the other entity described in 
Subsection 
(8)(a)
, shall be addressed to the program participant's assigned address.
(9)
If a program participant is required by law to swear or affirm to the program 
participant's address, the program participant may use the program participant's assigned 
address.
(10)
(a)
A school district shall:
(i)
accept the assigned address as the address of record; and
(ii)
verify student enrollment eligibility with the commission.
(b)
The commission shall help facilitate the transfer of student records as needed.
(11)
(a)
Notwithstanding 
Title 63G, Chapter 2, Government Records Access and 
Management Act
, a record containing a program participant's address is confidential 
and, regardless of the record's classification under 
Title 63G, Chapter 2, Part 3, 
Classification
, may not be disclosed by a state or local government entity, unless 
otherwise provided under this part.
(b)
A program participant's actual address may not be disclosed to a third party by a state 
or local government entity, except:
(i)
in a record created more than 90 days before the date on which the program 
participant applied for enrollment in the program; or
(ii)
if a program participant voluntarily requests, in writing, that the program 
participant's actual address be disclosed to the third party.
(c)
For a record created within 90 days before the date that a program participant applied 
for enrollment in the program, a state or local government entity shall redact the 
actual address from the record or change the actual address to the assigned address in 
the public record if the program participant presents a valid authorization card or a 
notification form and requests that the state or local government entity use the 
assigned address instead of the actual address on the record.
Section 49, Section 
77-38b-102
 is amended to read:
77-38b-102. Definitions.
As used in this chapter:
(1)
"Civil accounts receivable" means the same as that term is defined in Section 
77-32b-102
.
(2)
"Civil judgment of restitution" means the same as that term is defined in Section 
77-32b-102
.
(3)
(a)
"Conviction" means:
(i)
a plea of:
(A)
guilty;
(B)
guilty with a mental condition; or
(C)
no contest; or
(ii)
a judgment of:
(A)
guilty; or
(B)
guilty with a mental condition.
(b)
"Conviction" does not include:
(i)
a plea in abeyance until a conviction is entered for the plea in abeyance;
(ii)
a diversion agreement; or
(iii)
an adjudication of a minor for an offense under Section 
80-6-701
.
(4)
"Criminal accounts receivable" means the same as that term is defined in Section 
77-32b-102
.
(5)
"Criminal conduct" means:
(a)
any misdemeanor or felony offense of which the defendant is convicted; or
(b)
any other criminal behavior for which the defendant admits responsibility to the 
court with or without an admission of committing the criminal behavior.
(6)
"Deceased victim" means an individual whose death is proximately caused by the 
criminal conduct of the defendant.
(7)
(a)
"Defendant" means an individual who has been convicted of, or entered into a 
plea disposition for, criminal conduct.
(b)
"Defendant" does not include a minor, as defined in Section 
80-1-102
, who is 
adjudicated, or enters into a nonjudicial adjustment, for any offense under Title 80, 
Chapter 6, Juvenile Justice.
(8)
"Department" means the Department of Corrections.
(9)
(a)
"Dependent" means an individual for whom a deceased victim, or a permanently 
impaired victim, had a legal obligation to provide dependent support at the time of 
the criminal conduct by the defendant.
(b)
"Dependent" includes:
(i)
a child:
(A)
who is younger than 18 years old; and
(B)
for whom a deceased victim, or a permanently impaired victim, is the adoptive 
or biological parent or legal guardian;
(ii)
an unborn child who has a parent-child relationship with a deceased victim, or a 
permanently impaired victim, in accordance with Title 78B, Chapter 15, Utah 
Uniform Parentage Act; or
(iii)
an incapacitated individual for whom a deceased victim, or a permanently 
impaired victim, is the adoptive or biological parent or the legal guardian.
(10)
"Dependent support" means the financial obligation of an individual to provide for the 
routine needs of a dependent, including food, clothing, health care, safety, or shelter.
(11)
"Diversion agreement" means an agreement entered into by the prosecuting attorney 
and the defendant that suspends criminal proceedings before conviction on the condition 
that a defendant agree to participate in a rehabilitation program, pay restitution to the 
victim, or fulfill some other condition.
(12)
"Division" means the Division of Adult Probation and Parole created in Section 
64-14-202
.
(12)
(13)
"Incapacitated" or "incapacitation" means the individual is:
(a)
mentally or physically impaired to the extent that the individual is permanently 
unable to gain employment and provide basic necessities, including food, clothing, 
health care, safety, or shelter; and
(b)
reliant on a parent, legal guardian, or other relative or person to provide basic 
necessities for the individual.
(13)
(14)
"Incapacitated individual" means an individual who is incapacitated.
(14)
(15)
"Legal guardian" means an individual appointed by a court to make decisions 
regarding a child or an incapacitated individual.
(15)
(16)
"Life expectancy" means the number of months an individual is or was expected 
to live considering medical records and experiential data for the individual.
(16)
(17)
"Office" means the Office of State Debt Collection created in Section 
63A-3-502
.
(17)
(18)
"Payment schedule" means the same as that term is defined in Section 
77-32b-102
.
(18)
(19)
(a)
"Pecuniary damages" means all demonstrable economic injury, losses, and 
expenses regardless of whether the economic injury, losses, and expenses have yet 
been incurred.
(b)
"Pecuniary damages" does not include punitive damages or pain and suffering 
damages.
(19)
(20)
"Permanently impaired victim" means an incapacitated individual whose 
incapacitation is proximately caused by the criminal conduct of the defendant.
(20)
(21)
"Plea agreement" means an agreement entered between the prosecuting attorney 
and the defendant setting forth the special terms and conditions and criminal charges 
upon which the defendant will enter a plea of guilty or no contest.
(21)
(22)
"Plea disposition" means an agreement entered into between the prosecuting 
attorney and the defendant including a diversion agreement, a plea agreement, a plea in 
abeyance agreement, or any agreement by which the defendant may enter a plea in any 
other jurisdiction or where charges are dismissed without a plea.
(22)
(23)
"Plea in abeyance" means an order by a court, upon motion of the prosecuting 
attorney and the defendant, accepting a plea of guilty or of no contest from the defendant 
but not, at that time, entering judgment of conviction against the defendant nor imposing 
sentence upon the defendant on condition that the defendant comply with specific 
conditions as set forth in a plea in abeyance agreement.
(23)
(24)
"Plea in abeyance agreement" means an agreement entered into between the 
prosecuting attorney and the defendant setting forth the specific terms and conditions 
upon which, following acceptance of the agreement by the court, a plea may be held in 
abeyance.
(24)
(25)
"Restitution" means the payment of pecuniary damages to a victim.
(25)
(26)
"Unborn child" means a human fetus or embryo in any stage of gestation from 
fertilization until birth.
(26)
(27)
(a)
"Victim" means any person who has suffered pecuniary damages that are 
proximately caused by the criminal conduct of the defendant.
(b)
"Victim" includes:
(i)
the Utah Office for Victims of Crime if the Utah Office for Victims of Crime 
makes a payment to, or on behalf of, a victim under Section 
63M-7-519
;
(ii)
the estate of a deceased victim; 
(iii)
a dependent; or
(iv)
a parent, spouse, intimate partner as defined in 18 U.S.C. Sec. 921, child, or 
sibling of a victim.
(c)
"Victim" does not include a codefendant or accomplice.
Section 50, Section 
77-38b-304
 is amended to read:
77-38b-304. Priority of payment disbursement.
(1)
The court, or the office, shall disburse a payment for restitution within 60 days after the 
day on which the payment is received from the defendant if:
(a)
the victim has complied with Subsection 
77-38b-203(2)
;
(b)
if the defendant has tendered a negotiable instrument, funds from the financial 
institution are actually received;
(c)
the payment to the victim is at least $25, unless the payment is the final payment; and
(d)
there is no pending legal issue that would affect an order for restitution or the 
distribution of restitution.
(2)
The court shall disburse money collected from a defendant for a criminal accounts 
receivable in the following order of priority:
(a)
first, and except as provided in Subsection 
(4)(b)
, to restitution owed by the 
defendant in accordance with Subsection 
(4)
;
(b)
second, to the cost of obtaining a DNA specimen from the defendant as described in 
Subsection 
(4)(b)
;
(c)
third, to any criminal fine or surcharge owed by the defendant;
(d)
fourth, to the cost owed by the defendant for a reward described in Section 
77-32b-104
;
(e)
fifth, to the cost owed by the defendant for medical care, treatment, hospitalization, 
and related transportation paid by a county correctional facility under Section 
17-50-319
; and
(f)
sixth, to any other amount owed by the defendant.
(3)
When the office collects money from a defendant for a criminal accounts receivable, a 
civil accounts receivable, or a civil judgment of restitution, the office shall disburse the 
money in the following order of priority:
(a)
first, to any past due amount owed to the department for the monthly supervision fee 
under Subsection 
64-13-21(6)(a)
64-14-204(6)
;
(b)
second, and except as provided in Subsection 
(4)(b)
, to restitution owed by the 
defendant in accordance with Subsection 
(4)
;
(c)
third, to the cost of obtaining a DNA specimen from the defendant in accordance 
with Subsection 
(4)(b)
;
(d)
fourth, to any criminal fine or surcharge owed by the defendant;
(e)
fifth, to the cost owed by the defendant for a reward described in Section 
77-32b-104
;
(f)
sixth, to the cost owed by the defendant for medical care, treatment, hospitalization 
and related transportation paid by a county correctional facility under Section 
17-50-319
; and
(g)
seventh, to any other amount owed by the defendant.
(4)
(a)
If a defendant owes restitution to more than one person or government agency at 
the same time, the court, or the office, shall disburse a payment for restitution in the 
following order of priority:
(i)
first, to the victim of the offense;
(ii)
second, to the Utah Office for Victims of Crime;
(iii)
third, any other government agency that has provided reimbursement to the 
victim as a result of the defendant's criminal conduct; and
(iv)
fourth, any insurance company that has provided reimbursement to the victim as 
a result of the defendant's criminal conduct.
(b)
If a defendant is required under Section 
53-10-404
 to reimburse the department for 
the cost of obtaining the defendant's DNA specimen, the reimbursement for the cost 
of obtaining the defendant's DNA specimen is the next priority after restitution to the 
victim of the offense under Subsection 
(4)(a)(i)
.
(c)
If a defendant is required to pay restitution to more than one victim, the court or the 
office shall disburse a payment for restitution proportionally to each victim.
(5)
Notwithstanding the requirements for the disbursement of a payment under Subsection 
(3)
 or 
(4)
, the office shall disburse money collected from a defendant to a debt that is a 
part of a civil accounts receivable or civil judgment of restitution if:
(a)
a defendant has provided a written request to the office to apply the payment to the 
debt; and
(b)
(i)
the payment will eliminate the entire balance of the debt, including any interest; 
or
(ii)
after reaching a settlement, the payment amount will eliminate the entire agreed 
upon balance of the debt, including any interest.
(6)
For a criminal accounts receivable, the department shall collect the current and past due 
amount owed by a defendant for the monthly supervision fee under Subsection 
64-13-21(6)(a)
64-14-204(6)(a)
 until the court enters a civil accounts receivable on the 
civil judgment docket under Section 
77-18-114
.
(7)
Notwithstanding any other provision of this section:
(a)
the office may collect a fee, as described in Subsection 
63A-3-502(4)
, from each 
payment for a criminal accounts receivable, a civil accounts receivable, or a civil 
judgment of restitution before disbursing the payment as described in this section; and
(b)
the office shall apply any payment collected through garnishment to the case for 
which the garnishment was issued.
Section 51, Section 
77-38b-401
 is amended to read:
77-38b-401. Collection from inmate offenders.
Upon written request of the prosecuting attorney, the victim, or 
the parole or probation
a division
 agent 
for
supervising
 the defendant, the department shall collect restitution from 
offender funds held by the department under Section 
64-13-23
.
Section 52, Section 
77-40a-205
 is amended to read:
77-40a-205. Automatic expungement of state records for a clean slate case.
(1)
A court shall issue an order of expungement, without the filing of a petition, for all 
records of the case that are held by the court and the bureau if:
(a)
on and after October 1, 2024, but before January 1, 2026, the individual submitted a 
form requesting expungement of a case as described in Section 
77-40a-204
;
(b)
the case is eligible for expungement under this section; and
(c)
the prosecuting agency does not object to the expungement of the case as described 
in Subsection (6).
(2)
Except as otherwise provided in Subsection (3), a case is eligible for expungement 
under this section if:
(a)
(i)
each conviction within the case is a conviction for:
(A)
a misdemeanor offense for possession of a controlled substance in violation of 
Subsection 
58-37-8
(2)(a)(i);
(B)
a class B misdemeanor offense;
(C)
a class C misdemeanor offense; or
(D)
an infraction; and
(ii)
the following time periods have passed after the day on which the individual is 
adjudicated:
(A)
at least five years for the conviction of a class C misdemeanor offense or an 
infraction;
(B)
at least six years for the conviction of a class B misdemeanor offense; or
(C)
at least seven years for the conviction of a class A misdemeanor offense for 
possession of a controlled substance in violation of Subsection 
58-37-8
(2)(a)(i); 
or
(b)
(i)
the case is dismissed as a result of a successful completion of a plea in 
abeyance agreement governed by Subsection 
77-2a-3
(2)(b) or the case is 
dismissed without prejudice;
(ii)
each charge within the case is:
(A)
a misdemeanor offense for possession of a controlled substance in violation of 
Subsection 
58-37-8
(2)(a)(i);
(B)
a class B misdemeanor offense;
(C)
a class C misdemeanor offense; or
(D)
an infraction; and
(iii)
the following time periods have passed after the day on which the case is 
dismissed:
(A)
at least five years for a charge in the case for a class C misdemeanor offense 
or an infraction;
(B)
at least six years for a charge in the case for a class B misdemeanor offense; or
(C)
at least seven years for a charge in the case for a class A misdemeanor offense 
for possession of a controlled substance in violation of Subsection 
58-37-8
(2)(a)(i).
(3)
A case is not eligible for expungement under this section if:
(a)
the individual has a total number of convictions in courts of this state that exceed the 
limits under Subsection 
77-40a-303
(4) or (5) without taking into consideration:
(i)
the exception in Subsection 
77-40a-303
(7); or
(ii)
any infraction, traffic offense, or minor regulatory offense;
(b)
there is a criminal proceeding for a misdemeanor or felony offense pending in a 
court of this state against the individual, unless the proceeding is for a traffic offense;
(c)
for an individual seeking an automatic expungement on and after January 1, 2025, 
the individual is incarcerated in the state prison or on probation or parole that is 
supervised by the 
Department of Corrections
Division of Adult Probation and Parole 
created in Section 
64-14-202
;
(d)
the case resulted in the individual being found not guilty by reason of insanity;
(e)
the case establishes a criminal accounts receivable that:
(i)
has been entered as a civil accounts receivable or a civil judgment of restitution 
and transferred to the Office of State Debt Collection under Section 
77-18-114
; or
(ii)
has not been satisfied according to court records; or
(f)
the case resulted in a plea held in abeyance or a conviction for the following offenses:
(i)
any of the offenses listed in Subsection 
77-40a-303
(2)(a);
(ii)
an offense against the person in violation of Title 76, Chapter 5, Offenses Against 
the Individual;
(iii)
a weapons offense in violation of Title 76, Chapter 10, Part 5, Weapons;
(iv)
sexual battery in violation of Section 
76-9-702.1
;
(v)
an act of lewdness in violation of Section 
76-9-702
 or 
76-9-702.5
;
(vi)
an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the 
Influence and Reckless Driving;
(vii)
damage to or interruption of a communication device in violation of Section 
76-6-108
;
(viii)
a domestic violence offense as defined in Section 
77-36-1
; or
(ix)
any other offense classified in the Utah Code as a felony or a class A 
misdemeanor other than a class A misdemeanor conviction for possession of a 
controlled substance in violation of Subsection 
58-37-8
(2)(a)(i).
(4)
A prosecuting agency that has complied with Rule 42 of the Utah Rules of Criminal 
Procedure shall receive notice on a monthly basis for any case prosecuted by that agency 
that appears to be eligible for automatic expungement under this section.
(5)
Within 35 days after the day on which the notice described in Subsection (4) is sent, the 
prosecuting agency shall provide written notice in accordance with Rule 42 of the Utah 
Rules of Criminal Procedure if the prosecuting agency objects to an automatic 
expungement for any of the following reasons:
(a)
the prosecuting agency believes that the case is not eligible for expungement under 
this section after reviewing the agency record;
(b)
the individual has not paid restitution to the victim as ordered by the court; or
(c)
the prosecuting agency has a reasonable belief, grounded in supporting facts, that an 
individual involved in the case is continuing to engage in criminal activity within or 
outside of the state.
(6)
If a prosecuting agency provides written notice of an objection for a reason described in 
Subsection (5) within 35 days after the day on which the notice under Subsection (4) is 
sent, the court may not proceed with automatic expungement of the case.
(7)
If 35 days pass after the day on which the notice described in Subsection (4) is sent 
without the prosecuting agency providing written notice of an objection under 
Subsection (5), the court shall proceed with automatic expungement of the case.
(8)
If a court issues an order of expungement under Subsection (1), the court shall:
(a)
expunge all records of the case held by the court in accordance with Section 
77-40a-401
; and
(b)
notify the bureau and the prosecuting agency identified in the case, based on 
information available to the court, of the order of expungement.
Section 53, Section 
77-40a-305
 is amended to read:
77-40a-305. Petition for expungement -- Prosecutorial responsibility -- Hearing.
(1)
(a)
The petitioner shall file a petition for expungement in accordance with Rule 42 of 
the Utah Rules of Criminal Procedure.
(b)
A petitioner shall include the identification number for the certificate of eligibility or 
special certificate described in Subsection 
77-40a-304
(2)(b)(ii) in the petition for 
expungement, unless the petitioner is not required to obtain a certificate of eligibility 
under Subsection 
(3)
 or (4).
(c)
Information on a certificate of eligibility is incorporated into a petition by reference 
to the identification number for the certificate of eligibility.
(d)
A petitioner shall bring a petition for expungement:
(i)
in the court where the criminal case was filed; or
(ii)
if charges were never filed, in the district court in the county in which the arrest 
occurred or the citation is issued.
(2)
(a)
If a petition for expungement is filed under Subsection (1)(a), the court shall 
obtain a certificate of eligibility or special certificate from the bureau.
(b)
A court may not accept a petition for expungement if the certificate of eligibility or 
special certificate is no longer valid as described in Subsection 
77-40a-304
(2)(b)(i).
(3)
Notwithstanding Subsection (2), the petitioner may file a petition for expungement of a 
traffic offense case without obtaining a certificate of eligibility if:
(a)
(i)
for a traffic offense case with a class C misdemeanor or infraction, at least three 
years have passed after the day on which the case was adjudicated or dismissed; or
(ii)
for a traffic offense case with a class B misdemeanor, at least four years have 
passed after the day on which the case was adjudicated or dismissed;
(b)
there is no traffic offense case pending against the petitioner;
(c)
there is no plea in abeyance for a traffic offense case pending against the petitioner; 
and
(d)
the petitioner is not currently on probation for a traffic offense case.
(4)
Notwithstanding Subsection (2), a petitioner may file a petition for expungement of a 
record for a conviction related to cannabis possession without a certificate of eligibility 
if the petition demonstrates that:
(a)
the petitioner had, at the time of the relevant arrest or citation leading to the 
conviction, a qualifying condition, as that term is defined in Section 
26B-4-201
; and
(b)
the possession of cannabis in question was in a form and an amount to medicinally 
treat the qualifying condition described in Subsection (4)(a).
(5)
(a)
The court shall provide notice of a filing of a petition and certificate of eligibility 
or special certificate to the prosecutorial office that handled the court proceedings 
within three days after the day on which the petitioner's filing fee is paid or waived.
(b)
If there were no court proceedings, the court shall provide notice of a filing of a 
petition and certificate of eligibility or special certificate to the county attorney's 
office in the jurisdiction where the arrest occurred.
(c)
If the prosecuting agency with jurisdiction over the arrest, investigation, detention, or 
conviction, was a city attorney's office, the county attorney's office in the jurisdiction 
where the arrest occurred shall immediately notify the city attorney's office that the 
county attorney's office has received a notice of a filing of a petition for expungement.
(6)
(a)
Upon receipt of a notice of a filing of a petition for expungement of a conviction 
or a charge dismissed in accordance with a plea in abeyance, the prosecuting attorney 
shall make a reasonable effort to provide notice to any victim of the conviction or 
charge.
(b)
The notice under Subsection (6)(a) shall:
(i)
include a copy of the petition, certificate of eligibility or special certificate, 
statutes, and rules applicable to the petition;
(ii)
state that the victim has a right to object to the expungement; and
(iii)
provide instructions for registering an objection with the court.
(7)
(a)
The prosecuting attorney may respond to the petition by filing a recommendation 
or objection with the court within 35 days after the day on which the notice of the 
filing of the petition is sent by the court to the prosecuting attorney.
(b)
If there is a victim of the offense for which expungement is sought, the victim may 
respond to the petition by filing a recommendation or objection with the court within 
60 days after the day on which the petition for expungement was filed with the court.
(8)
(a)
The court may request a written response to the petition from the Division of 
Adult Probation and Parole 
within the Department of Corrections
created in Section 
64-14-202
.
(b)
If requested, the response prepared by the Division of Adult Probation and Parole 
shall include:
(i)
the reasons probation was terminated; and
(ii)
certification that the petitioner has completed all requirements of sentencing and 
probation or parole.
(c)
The Division of Adult Probation and Parole shall provide a copy of the response to 
the petitioner and the prosecuting attorney.
(9)
The petitioner may respond in writing to any objections filed by the prosecuting 
attorney or the victim and the response prepared by the Division of Adult Probation and 
Parole within 14 days after the day on which the objection or response is received.
(10)
(a)
If the court receives an objection concerning the petition from any party, the 
court shall set a date for a hearing and notify the petitioner and the prosecuting 
attorney of the date set for the hearing.
(b)
The prosecuting attorney shall notify the victim of the date set for the hearing.
(c)
The petitioner, the prosecuting attorney, the victim, and any other person who has 
relevant information about the petitioner may testify at the hearing.
(d)
The court shall review the petition, the certificate of eligibility or special certificate, 
and any written responses submitted regarding the petition.
(11)
If no objection is received within 60 days from the day on which the petition for 
expungement is filed with the court, the expungement may be granted without a hearing.
(12)
(a)
If the petitioner seeks a waiver of the fee required for a petition for expungement 
in accordance with Section 
78A-2-302
, the court shall consider the total number of 
cases for which the petitioner has received a certificate of eligibility and is seeking 
expungement in determining whether the petitioner is indigent under Subsection 
78A-2-302
(3)(e) even if the court does not have jurisdiction over a case for which the 
petitioner is seeking expungement.
(b)
If a court grants a waiver of the fee required for a petition for expungement in 
accordance with Section 
78A-2-302
, and only upon a request from the petitioner, a 
subsequent court shall grant a waiver of a fee for a petition for expungement if the 
prior court waived the fee for a petition for expungement within 180 days before the 
day on which the petitioner filed the petition for expungement with the subsequent 
court.
Section 54, 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;
(c)
release from confinement to parole status, termination or expiration of sentence, or 
escape;
(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)
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
created in Section 
64-14-202
.
(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 55, Section 
77-41-105
 is amended to read:
77-41-105. Registration of offenders -- Offender responsibilities.
(1)
(a)
An offender who enters this state from another jurisdiction is required to register 
under Subsection (3) and Subsection 
77-41-102
(1), (11), or (19).
(b)
The offender shall register with the department within 10 days after the day on which 
the offender enters the state, regardless of the offender's length of stay.
(2)
(a)
An offender required to register under Subsection 
77-41-102
(1), (11), or (19) who 
is under supervision by the 
department
Division of Adult Probation and Parole 
created in Section 
64-14-202
 shall register in person with the Division of Adult 
Probation and Parole.
(b)
An offender required to register under Subsection 
77-41-102
(1), (11), or (19) who is 
no longer under supervision by the 
department
Division of Adult Probation and 
Parole created in Section 
64-14-202
 shall register in person with the police 
department or sheriff's office that has jurisdiction over the area where the offender 
resides.
(3)
(a)
Except as provided in Subsections (3)(b), (3)(c), and (4), an offender shall, for the 
duration of the sentence and for 10 years after termination of sentence or custody of 
the division, register each year during the month of the offender's date of birth, 
during the month that is the sixth month after the offender's birth month, and within 
three business days after the day on which there is a change of the offender's primary 
residence, any secondary residences, place of employment, vehicle information, or 
educational information required to be submitted under Subsection (7).
(b)
Except as provided in Subsections (3)(c)(iii), (4), and (5), an offender who is 
convicted in another jurisdiction of an offense listed in Subsection 
77-41-102
(1), 
(11), or (19), a substantially similar offense, another offense that requires registration 
in the jurisdiction of conviction, or an offender who is ordered by a court of another 
jurisdiction to register as an offender shall register for the time period required by the 
jurisdiction where the offender was convicted or ordered to register.
(c)
(i)
An offender convicted as an adult of an offense listed in Section 
77-41-106
shall, for the offender's lifetime, register each year during the month of the 
offender's birth, during the month that is the sixth month after the offender's birth 
month, and also within three business days after the day on which there is a 
change of the offender's primary residence, any secondary residences, place of 
employment, vehicle information, or educational information required to be 
submitted under Subsection (7).
(ii)
Except as provided in Subsection (3)(c)(iii), the registration requirement 
described in Subsection (3)(c)(i) is not subject to exemptions and may not be 
terminated or altered during the offender's lifetime, unless a petition is granted 
under Section 
77-41-112
.
(iii)
(A)
If the sentencing court at any time after conviction determines that the 
offense does not involve force or coercion, lifetime registration under 
Subsection (3)(c)(i) does not apply to an offender who commits the offense 
when the offender is under 21 years old.
(B)
For an offense listed in Section 
77-41-106
, an offender who commits the 
offense when the offender is under 21 years old shall register for the 
registration period required under Subsection (3)(a), unless a petition is granted 
under Section 
77-41-112
.
(d)
For the purpose of establishing venue for a violation of this Subsection (3), the 
violation is considered to be committed:
(i)
at the most recent registered primary residence of the offender or at the location of 
the offender, if the actual location of the offender at the time of the violation is not 
known; or
(ii)
at the location of the offender at the time the offender is apprehended.
(4)
Notwithstanding Subsection (3) and Section 
77-41-106
, an offender who is confined in 
a secure facility or in a state mental hospital is not required to register during the period 
of confinement.
(5)
(a)
Except as provided in Subsection (5)(b), in the case of an offender adjudicated in 
another jurisdiction as a juvenile and required to register under this chapter, the 
offender shall register in the time period and in the frequency consistent with the 
requirements of Subsection (3).
(b)
If the jurisdiction of the offender's adjudication does not publish the offender's 
information on a public website, the department shall maintain, but not publish the 
offender's information on the registration website.
(6)
A sex offender who violates Section 
77-27-21.8
 regarding being in the presence of a 
child while required to register under this chapter shall register for an additional five 
years subsequent to the registration period otherwise required under this chapter.
(7)
An offender shall provide the department or the registering entity with the following 
information:
(a)
all names and aliases by which the offender is or has been known;
(b)
the addresses of the offender's primary and secondary residences;
(c)
a physical description, including the offender's date of birth, height, weight, eye and 
hair color;
(d)
the make, model, color, year, plate number, and vehicle identification number of a 
vehicle or vehicles the offender owns or drives more than 12 times per year;
(e)
a current photograph of the offender;
(f)
a set of fingerprints, if one has not already been provided;
(g)
a DNA specimen, taken in accordance with Section 
53-10-404
, if one has not already 
been provided;
(h)
telephone numbers and any other designations used by the offender for routing or 
self-identification in telephonic communications from fixed locations or cellular 
telephones;
(i)
Internet identifiers and the addresses the offender uses for routing or 
self-identification in Internet communications or postings;
(j)
the name and Internet address of all websites on which the offender is registered 
using an online identifier, including all online identifiers used to access those 
websites;
(k)
a copy of the offender's passport, if a passport has been issued to the offender;
(l)
if the offender is an alien, all documents establishing the offender's immigration 
status;
(m)
all professional licenses that authorize the offender to engage in an occupation or 
carry out a trade or business, including any identifiers, such as numbers;
(n)
each educational institution in Utah at which the offender is employed, carries on a 
vocation, or is a student, and a change of enrollment or employment status of the 
offender at an educational institution;
(o)
the name, the telephone number, and the address of a place where the offender is 
employed or will be employed;
(p)
the name, the telephone number, and the address of a place where the offender works 
as a volunteer or will work as a volunteer; and
(q)
the offender's social security number.
(8)
(a)
An offender may change the offender's name in accordance with Title 42, Chapter 
1, Change of Name, if the name change is not contrary to the interests of the public.
(b)
Notwithstanding Section 
42-1-2
, an offender shall provide notice to the department 
at least 30 days before the day on which the hearing for the name change is held.
(c)
The court shall provide a copy of the order granting the offender's name change to 
the department within 10 days after the day on which the court issues the order.
(d)
If the court orders an offender's name changed, the department shall publish on the 
registration website the offender's former name, and the offender's changed name as 
an alias.
(9)
Notwithstanding Subsections (7)(i) and (j) and 
77-41-103
(1)(c), an offender is not 
required to provide the department with:
(a)
the offender's online identifier and password used exclusively for the offender's 
employment on equipment provided by an employer and used to access the 
employer's private network; or
(b)
online identifiers for the offender's financial accounts, including a bank, retirement, 
or investment account.
Section 56, Section 
78B-7-807
 is amended to read:
78B-7-807. Notice to victims.
(1)
(a)
The court shall provide the victim with a certified copy of any pretrial protective 
order that has been issued if the victim can be located with reasonable effort.
(b)
If the court is unable to locate the victim, the court shall provide the victim's certified 
copy to the prosecutor.
(c)
A sentencing protective order or continuous protective order issued under this part 
shall be in writing, and the prosecutor shall provide a certified copy of that order to 
the victim.
(2)
(a)
The Division of 
Adult Probation and Parole
 created in Section 
64-14-202
, or 
another provider, shall immediately report to the court and notify the victim of any 
violation of any sentencing protective order issued under this part.
(b)
Notification of the victim under Subsection 
(2)(a)
 shall consist of a good faith 
reasonable effort to provide prompt notification, including mailing a copy of the 
notification to the last-known address of the victim.
(3)
(a)
Before release of an individual who is subject to a continuous protective order 
issued under this part, the victim shall receive notice of the imminent release by the 
law enforcement agency that is releasing the individual who is subject to the 
continuous protective order:
(i)
if the victim has provided the law enforcement agency contact information; and
(ii)
in accordance with Section 
64-13-14.7
, if applicable.
(b)
Before release, the law enforcement agency shall notify in writing the individual 
being released that a violation of the continuous protective order issued at the time of 
conviction or sentencing continues to apply, and that a violation of the continuous 
protective order is punishable as described in Section 
78B-7-806
.
(4)
The court shall transmit a dismissal, termination, and expiration of a pretrial protective 
order, sentencing protective order, or a continuous protective order to the statewide 
domestic violence network described in Section 
78B-7-113
.
Section 57, 
Repealer.
Offender supervision dedicated credits.
Section 58. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-16-25 12:53 PM