Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 224 (2025GS)

Sponsor

Rep. Ballard, Melissa G.

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires, with a delayed implementation date, a county jail to notify certain state agencies that may have information concerning an inmate's existing debts when an inmate is incarcerated in the county jail for more than 90 days and when the inmate is released from the county jail;
• requires, with a delayed implementation date, the Office of State Debt Collection to suspend the accrual of interest on certain accounts receivable during periods of at least 90 days of incarceration and for an additional period after release;
• expands the duties of the reentry division created by the Department of Corrections (department);
• requires the department to provide information to an inmate on a regular basis concerning:
• the inmate's known debts;
• incentives for paying certain debts while incarcerated; and
• information on how to access additional information concerning debts and resources on financial literacy and money management;
• requires the department:
• with a delayed implementation date, to notify certain state agencies that may have information concerning an inmate's existing debts when an inmate enters and leaves incarceration; and
• to provide educational resources to individuals designated by an inmate concerning incentives for repaying certain debts while incarcerated;
• amends provisions concerning when incarceration may not be considered by the Office of Recovery Services (office) as voluntary unemployment for purposes of a child support order;
• requires the office to suspend child support orders and money judgments in certain circumstances relating to incarceration;

Every vote on this bill

Bill text

27
17-22-35
63A-3-509
64-13-6
64-13-23
81-6-101
81-6-203
81-6-211.5
0
Inmate Reentry, Finances, and Debt Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill concerns inmate and former inmate reentry, finances, and debts.
Highlighted Provisions:
This bill:
defines terms;
requires, with a delayed implementation date, a county jail to notify certain state agencies 
that may have information concerning an inmate's existing debts when an inmate is 
incarcerated in the county jail for more than 90 days and when the inmate is released 
from the county jail;
requires, with a delayed implementation date, the Office of State Debt Collection to 
suspend the accrual of interest on certain accounts receivable during periods of at least 
90 days of incarceration and for an additional period after release;
expands the duties of the reentry division created by the Department of Corrections 
(department); 
requires the department to provide information to an inmate on a regular basis concerning:
 the inmate's known debts;
incentives for paying certain debts while incarcerated; and
information on how to access additional information concerning debts and resources 
on financial literacy and money management;
requires the department:
with a delayed implementation date, to notify certain state agencies that may have 
information concerning an inmate's existing debts when an inmate enters and leaves 
incarceration; and
to provide educational resources to individuals designated by an inmate concerning 
incentives for repaying certain debts while incarcerated; 
amends provisions concerning when incarceration may not be considered by the Office of 
Recovery Services (office) as voluntary unemployment for purposes of a child support 
order;
requires the office to suspend child support orders and money judgments in certain 
circumstances relating to incarceration;
provides that the office shall resume a suspended child support obligation after the 
offender has been released for 90 days; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
64-13-6
, as last amended by Laws of Utah 2024, Chapters 144, 208
64-13-23
, as last amended by Laws of Utah 2024, Chapter 144
81-6-101
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-6-203
, as renumbered and amended by Laws of Utah 2024, Chapter 366
ENACTS:
17-22-35
, Utah Code Annotated 1953
63A-3-509
, Utah Code Annotated 1953
81-6-211.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
17-22-35
 is enacted to read:
17-22-35
. Notification requirements to state agencies concerning potential 
inmate debts.
(1)
As used in this section, "inmate" means an individual who is in the custody of a county 
jail.
(2)
(a)
Beginning on January 1, 2027, a county jail is required to notify the Office of 
State Debt Collection, the State Tax Commission, and the Office of Recovery 
Services:
(i)
within five business days after the day on which an inmate has been incarcerated 
in the county jail for 90 consecutive days; and
(ii)
if an inmate has been incarcerated in the county jail for more than 90 consecutive 
days, within five business days after the day on which an inmate is released from 
the county jail.
(b)
The notification described in Subsection 
(2)(a)
 shall include:
(i)
 the relevant dates of the inmate's incarceration and identifying information 
concerning the inmate's identity; and
(ii)
whether the inmate's incarceration is based on:
(A)
criminal non-payment of a child support order; or
(B)
an offense against the inmate's child or custodial parent of the inmate's child.
(c)
The requirement described in Subsection 
(2)(a)
(i) does not apply if a court, another 
county jail, the Department of Corrections, or another entity already has notified the 
Office of State Debt Collection, the State Tax Commission, and the Office of 
Recovery Services as described in Subsection 
(2)(a)
 about the inmate's incarceration.
(d)
The requirement described in Subsection 
(2)(a)(ii)
 does not apply if an inmate is 
transferred to a different county jail or another incarcerated setting for the purpose of 
continued incarceration.
Section 2, Section 
63A-3-509
 is enacted to read:
63A-3-509
. Suspension of interest on certain accounts receivable during and 
subsequent to incarceration.
Beginning on January 1, 2027, unless prohibited by another provision of law or a court 
order, or unless an account receivable contains restitution as defined in Section 
77-38b-102
, 
the office shall, upon receipt of a notification from a county jail in accordance with Section 
17-22-35
 or a notification from the Department of Corrections in accordance with Subsection 
64-13-23(9)
, suspend the accrual of interest on an individual's accounts receivable under 
Subsection 
63A-3-502(4)
(g):
(1)
during any period that the individual is incarcerated in a county jail or a state prison, if 
the period is 90 or more consecutive days; and
(2)
for a period of 180 days after the day on which the individual is released from a period 
of incarceration as described in Subsection (1).
Section 3, Section 
64-13-6
 is amended to read:
64-13-6
. Department duties.
(1)
The department shall:
(a)
protect the public through institutional care and confinement, and supervision in the 
community of offenders where appropriate;
(b)
implement court-ordered punishment of offenders;
(c)
provide evidence-based and evidence-informed program opportunities for offenders 
designed to reduce offenders' criminogenic and recidivism risks, including 
behavioral, cognitive, educational, and career-readiness program opportunities;
(d)
ensure that offender participation in all program opportunities described in 
Subsection (1)(c) is voluntary;
(e)
where appropriate, utilize offender volunteers as mentors in the program 
opportunities described in Subsection (1)(c);
(f)
provide treatment for sex offenders who are found to be treatable based upon criteria 
developed by the department;
(g)
provide the results of ongoing clinical assessment of sex offenders and objective 
diagnostic testing to sentencing and release authorities;
(h)
manage programs that take into account the needs and interests of victims, where 
reasonable;
(i)
supervise probationers and parolees as directed by statute and implemented by the 
courts and the Board of Pardons and Parole;
(j)
subject to Subsection (3), investigate criminal conduct involving offenders 
incarcerated in a state correctional facility;
(k)
cooperate and exchange information with other state, local, and federal law 
enforcement agencies to achieve greater success in prevention and detection of crime 
and apprehension of criminals;
(l)
implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult 
Offender Supervision;
(m)
establish a case action plan based on appropriate validated risk, needs, and 
responsivity assessments for each offender as follows:
(i)
(A)
if an offender is to be supervised in the community, the department shall 
establish a case action plan for the offender no later than 60 days after the day 
on which the department's community supervision of the offender begins; and
(B)
if the offender is committed to the custody of the department, the department 
shall establish a case action plan for the offender no later than 90 days after the 
day on which the offender is committed to the custody of the department;
(ii)
each case action plan shall:
(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
;
, which shall include:
(i)
screening and assessments for an inmate's risks and needs;
(ii)
individualized plans and case management;
(iii)
quality treatment, education, and job preparation;
(iv)
community partnerships; and
(v)
comprehensive release planning before the inmate's release, including:
(A)
coordination with support services; and
(B)
coordination with one or more family members or friends, if the inmate has 
given permission to contact specific individuals for this purpose;
(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)
(a)
By following the procedures in Subsection (3)(b), the department may investigate 
the following occurrences at state correctional facilities:
(i)
criminal conduct of departmental employees;
(ii)
felony crimes resulting in serious bodily injury;
(iii)
death of any person; or
(iv)
aggravated kidnaping.
(b)
Before investigating any occurrence specified in Subsection (3)(a), the department 
shall:
(i)
notify the sheriff or other appropriate law enforcement agency promptly after 
ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) 
has occurred; and
(ii)
obtain consent of the sheriff or other appropriate law enforcement agency to 
conduct an investigation involving an occurrence specified in Subsection (3)(a).
(4)
Upon request, the department shall provide copies of investigative reports of criminal 
conduct to the sheriff or other appropriate law enforcement agencies.
(5)
(a)
The executive director of the department, or the executive director's designee if 
the designee possesses expertise in correctional programming, shall consult at least 
annually with cognitive and career-readiness staff experts from the Utah system of 
higher education and the State Board of Education to review the department's 
evidence-based and evidence-informed treatment and program opportunities.
(b)
Beginning in the 2022 interim, the department shall provide an annual report to the 
Law Enforcement and Criminal Justice Interim Committee regarding:
(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)
(a)
As used in this Subsection (6):
(i)
"Accounts receivable" means any amount owed by an offender arising from a 
criminal judgment that has not been paid.
(ii)
"Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures, 
surcharges, costs, interest, penalties, restitution to victims, third-party claims, 
claims, reimbursement of a reward, and damages that an offender is ordered to 
pay.
(b)
The department shall collect and disburse, with any interest and any other costs 
assessed under Section 
64-13-21
, an accounts receivable for an offender during:
(i)
the parole period and any extension of that period in accordance with Subsection 
(6)(c); and
(ii)
the probation period for which the court orders supervised probation and any 
extension of that period by the department in accordance with Subsection 
77-18-105
(7).
(c)
(i)
If an offender has an unpaid balance of the offender's accounts receivable at the 
time that the offender's sentence expires or terminates, the department shall be 
referred to the sentencing court for the sentencing court to enter a civil judgment 
of restitution and a civil accounts receivable as described in Section 
77-18-114
.
(ii)
If the board makes an order for restitution within 60 days from the day on which 
the offender's sentence expires or terminates, the board shall refer the order for 
restitution to the sentencing court to be entered as a civil judgment of restitution as 
described in Section 
77-18-114
.
(d)
This Subsection (6) only applies to offenders sentenced before July 1, 2021.
Section 4, Section 
64-13-23
 is amended to read:
64-13-23
. Offender's income, debt, and finances -- Department responsibilities 
concerning offender debt and financial information.
(1)
The department may require each offender, while in the custody of the department or 
while on probation or parole, to place funds received or earned by the offender from any 
source into:
(a)
an account administered by the department; or
(b)
a joint account with the department at a federally insured financial institution.
(2)
The department may require each offender to maintain a minimum balance in an 
account under Subsection (1) for the particular offender's use upon:
(a)
discharge from the custody of the department; or
(b)
completion of parole or probation.
(3)
If the funds are placed in a joint account at a federally insured financial institution:
(a)
any interest accrues to the benefit of the offender account; and
(b)
the department may require that the signatures of both the offender and a 
departmental representative be submitted to the financial institution to withdraw 
funds from the account.
(4)
If the funds are placed in an account administered by the department, the department 
may by rule designate:
(a)
a certain portion of the offender's funds as interest-bearing savings; and
(b)
a portion of the offender's funds as noninterest-bearing to be used for day-to-day 
expenses.
(5)
(a)
The department may withhold part of the offender's funds in an account under 
Subsection (1) for expenses of:
(a)
(i)
supervision or treatment;
(b)
(ii)
restitution, reparation, fines, alimony, support payments, or similar 
court-ordered payments;
(c)
(iii)
obtaining the offender's DNA specimen, if the offender is required under 
Section 
53-10-404
 to provide a specimen;
(d)
(iv)
department-ordered repayment of a fine that is incurred under Section 
64-13-33
; and
(e)
(v)
other debt to the state.
(b)
The department shall provide or make available an account statement at least every 
two weeks to each inmate who has an account under Subsection 
(1)
 that contains:
(i)
a list of the inmate's known existing debts, including debts related to the inmate's 
restitution, court costs, fines, tax obligations, alimony, child support, other 
court-ordered payments, and similar debts;
(ii)
information regarding incentives for paying certain debts while incarcerated; and
(iii)
information on how the inmate can access information concerning:
(A)
the debts listed in Subsection 
(5)(b)(i)
; and
(B)
educational resources on financial literacy and money management.
(c)
The department may provide an account statement to a former inmate through the 
former inmate's parole officer through the Division of Adult Probation and Parole 
upon request.
(6)
(a)
An offender may not be granted free process in civil actions, including petitions 
for a writ of habeas corpus, if, at any time from the date the cause of action arose 
through the date the cause of action remains pending, there are any funds in an 
account under Subsection (1) that have not been withheld or are not subject to 
withholding under Subsection (4) or (5).
(b)
The amount assessed for the filing fee, service of process and other fees and costs 
shall not exceed the total amount of funds the offender has in excess of the indigence 
threshold established by the department but not less than $25 including the 
withholdings under Subsection (4) or (5) during the identified period of time.
(c)
The amounts assessed shall not exceed the regular fees and costs provided by law.
(7)
The department may disclose information on offender accounts to the Office of 
Recovery Services and other appropriate state agencies.
(8)
The department shall publish a notice on the department's website, and any website used 
by an individual depositing funds into an offender's account, that the individual may 
request from the department a copy of a statement of the offender's financial account in 
accordance with Title 63G, Chapter 2, Government Records Access and Management 
Act.
(9)
(a)
(i)
Beginning on January 1, 2027, within 15 days after an inmate has been 
incarcerated in a state prison for 90 consecutive days, the department shall notify 
the Office of State Debt Collection, the State Tax Commission, and the Office of 
Recovery Services about the inmate's incarceration, including:
(A)
the relevant dates of the inmate's incarceration and identifying information 
concerning the inmate's identity; and
(B)
whether the inmate's incarceration is based on criminal non-payment of a child 
support order or an offense against the child or custodial parent.
(ii)
Beginning on January 1, 2027, within 15 days after the day on which an inmate is 
released from incarceration, the department shall notify the entities listed in 
Subsection 
(9)(a)
(i) of the inmate's release date.
(b)
The requirement described in Subsection 
(9)
(a)(i) does not apply if a court, county 
jail, or other entity previously has notified the agencies listed in Subsection 
(9)(a)(i)
about the inmate's incarceration.
(10)
(a)
The department shall, on a periodic basis, offer educational resources to one or 
more individuals designated by an inmate concerning financial incentives for 
repaying certain debts during an inmate's incarceration.
(b)
The department may, if the department has received an inmate's consent, provide one 
or more individuals designated by an inmate with information concerning the 
inmate's current financial account balance and existing known debts, in addition to 
the information provided under Subsection 
(10)(a)
.
Section 5, Section 
81-6-101
 is amended to read:
81-6-101
. Definitions for chapter.
As used in this chapter:
(1)
"Administrative agency" means the Office of Recovery Services or the Department of 
Health and Human Services.
(2)
"Administrative order" means the same as that term is defined in Section 
26B-9-201
.
(3)
"Alimony" means the same as that term is defined in Section 
81-4-101
.
(4)
"Base child support award" means the award that may be ordered and is calculated 
using the child support guidelines before additions for medical expenses and 
work-related child care costs.
(5)
"Base combined child support obligation" means the presumed amount of child support 
that the parents should provide for their child as described in Subsection 
81-6-204
(1).
(6)
"Base combined child support obligation table" means the appropriate table described in 
Sections 
81-6-302
 and 
81-6-304
.
(7)
"Child" means:
(a)
a son or daughter who is under 18 years old and who is not otherwise emancipated, 
self-supporting, married, or a member of the armed forces of the United States;
(b)
a son or daughter who is 18 years old or older while enrolled in high school during 
the normal and expected year of graduation and not otherwise emancipated, 
self-supporting, married, or a member of the armed forces of the United States; or
(c)
a son or daughter of any age who is incapacitated from earning a living and, if able to 
provide some financial resources to the family, is not able to support self by own 
means.
(8)
(a)
"Child support" means a base child support award, or a monthly financial award 
for uninsured medical expenses, ordered by a tribunal for the support of a child.
(b)
"Child support" includes current periodic payments, arrearages that accrue under an 
order for current periodic payments, and sum certain judgments awarded for 
arrearages, medical expenses, and child care costs.
(9)
"Child support guidelines" means the calculation and application of child support as 
described in Part 2, Calculation and Adjustment of Child Support.
(10)
"Child support order" means a judgment, decree, or order issued by a tribunal whether 
temporary, final, or subject to modification, that:
(a)
establishes or modifies child support;
(b)
reduces child support arrearages to judgment; or
(c)
establishes child support or registers a child support order under Title 78B, Chapter 
14, Utah Uniform Interstate Family Support Act.
(11)
"Child support tables" means the tables described in Part 3, Child Support Tables.
(12)
"Child support services" means the same as that term is defined in Section 
26B-9-101
.
(13)
"Gross income" means the amount of income calculated for a parent as described in 
Section 
81-6-203
.
(14)
"Health care coverage" means coverage under which medical services are provided to 
a child through:
(a)
fee for service;
(b)
a health maintenance organization;
(c)
a preferred provider organization;
(d)
any other type of private health insurance; or
(e)
public health care coverage.
(15)
(a)
"Incarceration" means the placement of an obligor who has been ordered to pay 
child support into a carceral setting in which the obligor is not permitted to earn 
wages from employment outside of the carceral setting.
(b)
"Incarceration" does not include being placed on probation, parole, or work release.
(15)
(16)
(a)
"Income" means earnings, compensation, or other payment due to an 
individual, regardless of source, whether denominated as wages, salary, commission, 
bonus, pay, allowances, contract payment, or otherwise, including severance pay, 
sick pay, and incentive pay.
(b)
"Income" includes:
(i)
all gain derived from capital assets, labor, or both, including profit gained through 
sale or conversion of capital assets;
(ii)
interest and dividends;
(iii)
periodic payments made under pension or retirement programs or insurance 
policies of any type;
(iv)
unemployment compensation benefits;
(v)
workers' compensation benefits; and
(vi)
disability benefits.
(16)
(17)
"Joint physical custody" means the same as that term is defined in Section 
81-9-101
.
(17)
(18)
"Low income table" means the appropriate table under Section 
81-6-303
 or 
81-6-305
.
(18)
(19)
"Medical expenses" means health and dental expenses and related insurance 
costs.
(19)
(20)
"Minor child" means a child who is younger than 18 years old.
(20)
(21)
"Obligee" means an individual, this state, another state, or another comparable 
jurisdiction to whom child support is owed or who is entitled to reimbursement of child 
support or public assistance.
(21)
(22)
"Obligor" means a person owing a duty of support.
(22)
(23)
"Office" means the Office of Recovery Services within the Department of Health 
and Human Services.
(23)
(24)
"Pregnancy expenses" means an amount equal to:
(a)
the sum of a pregnant mother's:
(i)
health insurance premiums while pregnant that are not paid by an employer or 
government program; and
(ii)
medical costs related to the pregnancy, incurred after the date of conception and 
before the pregnancy ends; and
(b)
minus any portion of the amount described in Subsection 
(23)(a)
(24)(a)
 that a court 
determines is equitable based on the totality of the circumstances, not including any 
amount paid by the mother or father of the child.
(24)
(25)
"Split custody" means that each parent has physical custody of at least one of the 
children.
(25)
(26)
"State" means a state, territory, possession of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, Native American tribe, or other 
comparable domestic or foreign jurisdiction.
(26)
(27)
"Support" means past-due, present, and future obligations to provide for the 
financial support, maintenance, or medical expenses of a child.
(27)
(28)
"Support order" means:
(a)
a child support order; or
(b)
a judgment, decree, or order by a tribunal, whether temporary, final, or subject to 
modification, for alimony.
(29)
"Suspension" means adjusting a child support order to zero dollars during the period of 
an obligor's incarceration.
(28)
(30)
"Temporary" means a period of time that is projected to be less than 12 months 
in duration.
(29)
(31)
"Third party" means an agency or a person other than a parent or a child who 
provides care, maintenance, and support to a child.
(30)
(32)
"Tribunal" means the district court, the Department of Health and Human 
Services, Office of Recovery Services, or court or administrative agency of a state, 
territory, possession of the United States, the District of Columbia, the Commonwealth 
of Puerto Rico, Native American tribe, or other comparable domestic or foreign 
jurisdiction.
(31)
(33)
"Work-related child care expenses" means reasonable child care costs for up to a 
full-time work week or training schedule as necessitated by the employment or training 
of a parent.
(32)
(34)
"Worksheet" means a form used to aid in calculating the base child support 
award.
Section 6, Section 
81-6-203
 is amended to read:
81-6-203
. Determination of gross income for child support -- Imputing income to 
a parent.
(1)
(a)
Each parent shall provide verification of current income to the court or 
administrative agency.
(b)
Each parent shall provide year-to-date pay stubs or employer statements and 
complete copies of tax returns from at least the most recent year, unless the court 
finds the verification is not reasonably available.
(c)
Verification of income from records maintained by the Department of Workforce 
Services may be substituted for pay stubs, employer statements, and income tax 
returns.
(2)
(a)
To calculate gross income of a parent, the court or administrative agency may 
include:
(i)
prospective income of the parent, including income from earned and nonearned 
sources, such as salaries, wages, commissions, royalties, bonuses, rents, gifts from 
anyone, prizes, dividends, severance pay, pensions, interest, trust income, alimony 
from previous marriages, annuities, capital gains, Social Security benefits, worker 
compensation benefits, unemployment compensation, income replacement 
disability insurance benefits, and payments from nonmeans-tested government 
programs; and
(ii)
income imputed to the parent as described in Subsection (6).
(b)
Income from earned income sources is limited to the equivalent of one full-time 
40-hour job. 
(c)
If and only if during the time before the original support order, the parent normally 
and consistently worked more than 40 hours at the parent's job, the court may 
consider this extra time as a pattern in calculating the parent's ability to provide child 
support.
(3)
(a)
The court or administrative agency shall use historical and current earnings to 
determine whether an underemployment or overemployment situation exists.
(b)
The office may not treat incarceration of at least six months as voluntary 
unemployment in establishing or modifying a support order.
(b)
When establishing or modifying a child support order for an obligor who is a parent 
and incarcerated, the office shall follow the requirements of Section 
81-6-211.5
.
(4)
(a)
To calculate income from self-employment or operation of a business, the court or 
administrative agency:
(i)
shall calculate gross income from self-employment or operation of a business by 
subtracting necessary expenses required for self-employment or business 
operation from gross receipts;
(ii)
shall review income and expenses from self-employment or operation of a 
business to determine an appropriate level of gross income available to the parent 
to satisfy a child support award; and
(iii)
may only deduct those expenses necessary to allow the business to operate at a 
reasonable level from gross receipts.
(b)
Gross income determined under this Subsection (4) may differ from the amount of 
business income determined for tax purposes.
(5)
When possible, the court or administrative agency shall determine the average monthly 
gross income for each parent by:
(a)
calculating the gross income of each parent on an annual basis; and
(b)
dividing the annual gross income for each parent by 12.
(6)
(a)
The court or administrative agency may not impute income to a parent unless the 
parent stipulates to the amount imputed, the parent defaults, or, in contested cases, a 
hearing is held and the court or administrative agency enters findings of fact as to the 
evidentiary basis for the imputation.
(b)
If income is imputed to a parent, the court or administrative agency shall base 
income upon employment potential and probable earnings considering, to the extent 
known:
(i)
employment opportunities;
(ii)
work history;
(iii)
occupation qualifications;
(iv)
educational attainment;
(v)
literacy;
(vi)
age;
(vii)
health;
(viii)
criminal record;
(ix)
other employment barriers and background factors; and
(x)
prevailing earnings and job availability for persons of similar backgrounds in the 
community.
(c)
If a parent has no recent work history or a parent's occupation is unknown, the court 
or administrative agency may impute an income to that parent at the federal 
minimum wage for a 40-hour work week. 
(d)
To impute a greater or lesser income, the court or administrative agency shall enter 
specific findings of fact as to the evidentiary basis for the imputation.
(e)
The court or administrative agency may not impute income to a parent if any of the 
following conditions exist and the condition is not of a temporary nature:
(i)
the reasonable costs of child care for the parents' minor child approach or equal 
the amount of income the custodial parent can earn;
(ii)
a parent is physically or mentally unable to earn minimum wage;
(iii)
a parent is engaged in career or occupational training to establish basic job skills; 
or
(iv)
unusual emotional or physical needs of a child require the custodial parent's 
presence in the home.
(7)
Notwithstanding Subsection (2), the court or administrative agency may not include the 
following sources of income when calculating the gross income of a parent:
(a)
cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment 
Program;
(b)
benefits received under a housing subsidy program, the Job Training Partnership Act, 
Supplemental Security Income, Social Security Disability Insurance, Medicaid, 
SNAP benefits, or General Assistance;
(c)
other similar means-tested welfare benefits received by a parent;
(d)
the earned income of a child who is the subject of a child support award; or
(e)
except as otherwise provided in Subsection (8), the benefits to a child in the child's 
own right, such as Supplemental Security Income.
(8)
(a)
The court or administrative agency shall credit, as child support, the amount of 
social security benefits received by a child due to the earnings of the parent on whose 
earning record the social security benefits are based by crediting the amount against 
the potential obligation of that parent.
(b)
The court or administrative agency may consider other unearned income of a child as 
income of a parent depending upon the circumstances of each case.
Section 7, Section 
81-6-211.5
 is enacted to read:
81-6-211.5
. Child support orders for an incarcerated obligor -- Suspension -- 
Exceptions.
(1)
The office may not treat incarceration of 90 or more consecutive days as voluntary 
unemployment in establishing or modifying a child support order.
(2)
(a)
Except as provided in Subsection 
(2)(c)
, for any period of 90 or more consecutive 
days of the obligor's incarceration, suspension of a money judgment or support order 
issued in this state for an obligor ordered to pay child support shall occur by 
operation of law.
(b)
For a suspension under Subsection 
(2)(a)
, the office shall:
(i)
 retroactively date the period of suspension to the date on which the office notified 
the required parties of the suspension, with the eligible period beginning on the 
first day of the first full month of the date that the office provided the parties with 
the notification;
(ii)
issue a balance credit for any funds collected during the period of suspension, 
unless the funds have already been distributed, in which case, the funds may not 
be credited or otherwise recovered; and
(iii)
resume the obligation described in Subsection (2)(a) on the first day of the first 
full month that occurs once 90 days have passed after the day on which the 
obligor is released from incarceration.
(c)
The office may not suspend an obligation under Subsection 
(2)(a)
 if the obligor is 
incarcerated for:
(i)
criminal non-payment of a child support order; or
(ii)
an offense against the inmate's child or custodial parent of the inmate's child.
(3)
The suspension described in Subsection (2)(a) is only applicable for an obligor whose 
term of incarceration begins on or after January 1, 2027.
Section 8. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 6:53 PM