Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 226 (2025GS)

Sponsor

Rep. Pierucci, Candice B.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires a county sheriff to notify and coordinate with the relevant federal immigration authority when preparing to release from the county jail an individual who:
• is being released after serving the individual's jail sentence for certain class A misdemeanors or a felony; and
• is unlawfully present in the United States;
• requires the Department of Corrections to notify and coordinate with the relevant federal immigration authority when preparing to release an inmate who:
• is being released after serving a term of imprisonment for a felony; and
• is unlawfully present in the United States;
• amends the sentence of imprisonment for a class A misdemeanor to one year for certain offenses;
• amends certain pretrial release provisions to add a rebuttable presumption that an individual is a flight risk if the individual is not lawfully present in the United States; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

32
16-6a-1414
16-6a-1515
16-6a-1516
17-22-9.5
64-13-10.6
64-13-10.7
76-3-204
76-3-208
77-20-201
77-20-202
77-20-203
Criminal Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
LONG TITLE
General Description:
This bill addresses criminal offenses and repercussions from those offenses.
Highlighted Provisions:
This bill:
provides that the attorney general or the director of the Division of Corporations and 
Commercial Code may bring a judicial action to dissolve a domestic nonprofit 
corporation, or to revoke the authority of a foreign nonprofit corporation to conduct 
affairs in the state, if the nonprofit corporation is convicted of certain criminal offenses;
requires a county sheriff to notify and coordinate with the relevant federal immigration 
authority when preparing to release from the county jail an individual who:
 is charged with a violent felony; and 
is, or may be, unlawfully present in the United States;
requires the Department of Corrections to notify and coordinate with the relevant federal 
immigration authority when preparing to release an inmate who:
is convicted of a violent felony; and
is, or may be, unlawfully present in the United States;
amends the sentence of imprisonment for a class A misdemeanor to one year;
amends certain pretrial release provisions to add a rebuttable presumption that an 
individual is a flight risk if the individual is not, or may no longer be, lawfully present in 
the United States; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
16-6a-1414
, as last amended by Laws of Utah 2024, Chapter 331
16-6a-1515
, as last amended by Laws of Utah 2008, Chapter 364
16-6a-1516
, as last amended by Laws of Utah 2009, Chapter 386
17-22-9.5
, as enacted by Laws of Utah 2008, Chapter 26
64-13-10.6
, as last amended by Laws of Utah 2023, Chapters 58, 414
76-3-204
, as last amended by Laws of Utah 2019, Chapter 222
76-3-208
, as last amended by Laws of Utah 2021, Chapter 260
77-20-201
, as last amended by Laws of Utah 2024, Chapter 197
77-20-202
, as last amended by Laws of Utah 2024, Chapter 181
77-20-203
, as last amended by Laws of Utah 2024, Chapter 16
ENACTS:
64-13-10.7
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
16-6a-1414
 is amended to read:
16-6a-1414. Grounds and procedure for judicial dissolution.
(1)
The attorney general or the division director may bring an action in a court with 
jurisdiction under Title 78A, Judiciary and Judicial Administration, to dissolve a 
nonprofit corporation if it is established that:
(a)
the nonprofit corporation obtained the nonprofit corporation's articles of 
incorporation through fraud;
 or
(b)
the nonprofit corporation has continued to exceed or abuse the authority conferred 
upon the nonprofit corporation by law
.
; or
(c)
the nonprofit corporation has been convicted under federal or state law for illegally 
committing, or attempting, soliciting, or conspiring to commit, an offense under:
(i)
8 U.S.C. Chapter 12, Subchapter II, Part VIII; or
(ii)
Section 
76-5-308.3
, Human smuggling.
(2)
A member or director of a nonprofit corporation may bring an action in a court with 
jurisdiction under Title 78A, Judiciary and Judicial Administration, to dissolve the 
nonprofit corporation if it is established that:
(a)
(i)
the directors are deadlocked in the management of the corporate affairs;
(ii)
the members, if any, are unable to break the deadlock; and
(iii)
irreparable injury to the nonprofit corporation is threatened or being suffered;
(b)
the directors or those in control of the nonprofit corporation have acted, are acting, or 
will act in a manner that is illegal, oppressive, or fraudulent;
(c)
the members are deadlocked in voting power and have failed, for a period that 
includes at least two consecutive annual meeting dates, to elect successors to 
directors whose terms have expired or would have expired upon the election of their 
successors; or
(d)
the corporate assets are being misapplied or wasted.
(3)
A creditor may bring an action in a court with jurisdiction under Title 78A, Judiciary 
and Judicial Administration, to dissolve a nonprofit corporation if it is established that:
(a)
(i)
the creditor's claim has been reduced to judgment;
(ii)
the execution on the judgment has been returned unsatisfied; and
(iii)
the nonprofit corporation is insolvent; or
(b)
(i)
the nonprofit corporation is insolvent; and
(ii)
the nonprofit corporation has admitted in writing that the creditor's claim is due 
and owing.
(4)
(a)
As used in this Subsection (4):
(i)
"Misconduct claim" means:
(A)
a claim for wrongful death, fraud, breach of public trust, or an intentional tort; 
or
(B)
a claim regarding criminal conduct by a director, member, or employee of the 
nonprofit corporation that is a felony offense or an offense described in Title 
76, Chapter 5, Part 4, Sexual Offenses, Title 76, Chapter 5b, Sexual 
Exploitation Act, Section 
76-7-102
, Section 
76-9-702
, or Section 
76-9-702.1
.
(ii)
"Nonprofit corporation" does not include a bona fide church or religious 
organization.
(b)
If a person brings a misconduct claim in an action against a nonprofit corporation, 
the person may also bring an action to dissolve the nonprofit corporation.
(c)
If a person brings a dissolution action under Subsection (4)(b), the court may only 
dissolve the nonprofit corporation if the court finds the nonprofit corporation is liable 
for the misconduct claim.
(d)
Upon a motion by the plaintiff in a dissolution action described in Subsection (4)(b), 
the court may:
(i)
issue an injunction preventing the nonprofit corporation from selling or disposing 
of any assets held by the nonprofit corporation; and
(ii)
require the nonprofit corporation to deposit funds, or post a bond, with the court 
for the amount of damages pleaded in the complaint.
(e)
The court may void a transaction that is made by the nonprofit corporation within 12 
months before the day on which the action was filed with the court if the court finds 
that the transaction is voidable under Section 
25-6-202
.
(5)
If an action is brought under this section, it is not necessary to make directors or 
members parties to the action to dissolve the nonprofit corporation unless relief is sought 
against the members individually.
(6)
In an action under this section, the court may:
(a)
issue injunctions;
(b)
appoint a receiver or a custodian pendente lite with all powers and duties the court 
directs; or
(c)
take other action required to preserve the nonprofit corporation's assets wherever 
located and carry on the business of the nonprofit corporation until a full hearing can 
be held.
(7)
If a nonprofit corporation has been dissolved by voluntary or another action taken under 
this part:
(a)
the nonprofit corporation may bring a proceeding to wind up and liquidate its 
business and affairs under judicial supervision in accordance with Section 
16-6a-1405
; 
and
(b)
the attorney general, a director, a member, a creditor, or a plaintiff under Subsection 
(4) may bring a proceeding to wind up and liquidate the affairs of the nonprofit 
corporation under judicial supervision in accordance with Section 
16-6a-1405
, upon 
establishing the grounds set forth in Subsections (1) through (4).
Section 2, Section 
16-6a-1515
 is amended to read:
16-6a-1515. Grounds for revocation.
(1)
The division may commence a proceeding under Section 
16-6a-1516
 to revoke the 
authority of a foreign nonprofit corporation to conduct affairs in this state if:
(1)
(a)
the foreign nonprofit corporation does not deliver its annual report to the 
division when it is due;
(2)
(b)
the foreign nonprofit corporation does not pay when they are due any taxes, 
fees, or penalties imposed by this chapter or other applicable laws of this state;
(3)
(c)
the foreign nonprofit corporation is without a registered agent in this state;
(4)
(d)
the foreign nonprofit corporation does not inform the division by an appropriate 
filing, within 30 days of the change or resignation, that:
(a)
(i)
its registered agent has changed; or
(b)
(ii)
its registered agent has resigned;
(5)
(e)
an incorporator, director, officer, or agent of the foreign nonprofit corporation 
signs a document knowing it is false in any material respect with intent that the 
document be delivered to the division for filing; or
(6)
(f)
the division receives a duly authenticated certificate from the division or other 
official having custody of corporate records in the state or country under whose law 
the foreign nonprofit corporation is incorporated stating that the foreign nonprofit 
corporation has dissolved or disappeared as the result of a merger.
(2)
The attorney general or the division director may bring an action in a court with 
jurisdiction under Title 78A, Judiciary and Judicial Administration, to revoke the 
authority of a foreign nonprofit corporation to conduct affairs in this state if it is 
established that the nonprofit corporation has been convicted under federal or state law 
for illegally committing, or attempting, soliciting, or conspiring to commit, an offense 
under:
(a)
8 U.S.C. Chapter 12, Subchapter II, Part VIII; or
(b)
Section 
76-5-308.3
, Human smuggling.
Section 3, Section 
16-6a-1516
 is amended to read:
16-6a-1516. Procedure for and effect of revocation.
(1)
If the division determines that one or more grounds exist under 
Section 
16-6a-1515
Subsection 
16-6a-1515(1)
 for revoking the authority of a foreign nonprofit corporation 
to conduct affairs in this state, the division shall mail to the foreign nonprofit 
corporation with written notice of the division's determination stating the grounds.
(2)
(a)
If the foreign nonprofit corporation does not correct each ground for revocation 
or demonstrate to the reasonable satisfaction of the division that each ground 
determined by the division does not exist, within 60 days after mailing of the notice 
under Subsection 
(1)
, the division shall revoke the foreign nonprofit corporation's 
authority to conduct affairs in this state.
(b)
If a foreign nonprofit corporation's authority to conduct affairs in this state is revoked 
under Subsection 
(2)(a)
, the division shall:
(i)
mail a written notice of the revocation to the foreign nonprofit corporation stating 
the effective date of the revocation; and
(ii)
mail a copy of the notice to:
(A)
the last registered agent of the foreign nonprofit corporation; or
(B)
if there is no registered agent of record, at least one officer of the corporation.
(3)
The authority of a foreign nonprofit corporation to conduct affairs in this state ceases on 
the date shown on the division's certificate revoking the foreign nonprofit corporation's 
certificate of authority.
(4)
Revocation of a foreign nonprofit corporation's authority to conduct affairs in this state 
does not terminate the authority of the registered agent of the foreign nonprofit 
corporation.
(5)
A notice mailed under this section shall be:
(a)
mailed first class, postage prepaid; and
(b)
addressed to the most current mailing address appearing on the records of the 
division for:
(i)
the registered agent of the nonprofit corporation, if the notice is required to be 
mailed to the registered agent; or
(ii)
the officer of the nonprofit corporation that is mailed the notice if the notice is 
required to be mailed to an officer of the nonprofit corporation.
Section 4, Section 
17-22-9.5
 is amended to read:
17-22-9.5. Citizenship determination of incarcerated persons -- Notification to 
and coordination with federal authorities when releasing certain individuals.
(1)
The sheriff shall make a reasonable effort to determine the citizenship status of 
a person
an individual
 charged with a felony or driving under the influence under Section 
41-6a-502
 when the 
person
individual
 is confined to the county jail for a period of time.
(2)
If the confined 
person
individual
 is a foreign national, the sheriff shall make a 
reasonable effort to verify that
 the person
:
(a)
the individual 
has been lawfully admitted into the United States; and
(b)
the 
person's
individual's
 lawful status has not expired.
(3)
(a)
If the sheriff cannot verify the confined 
person's
individual's
 lawful status from 
documents in the 
person's
individual's
 possession, the sheriff shall attempt to verify 
that status within 48 hours of the 
person's
individual's
 confinement at the jail 
through contacting:
(i)
the Law Enforcement Support Center of the United States Department of 
Homeland Security; or
(ii)
an office or agency designated for citizenship status verification by the United 
States Department of Homeland Security.
(b)
The sheriff shall notify the United States Department of Homeland Security of 
a 
person
an individual
 whose lawful citizenship status cannot be verified under 
Subsection 
(2)
 or 
(3)(a)
.
(4)
It
In accordance with Title 77, Chapter 20, Bail, it
 is a rebuttable presumption for the 
purpose of determining 
the grant or issuance of a bond that a person
whether to grant 
pretrial release that an individual
 who is verified under this section as a foreign national 
not lawfully admitted into the United States is at risk of flight.
(5)
(a)
As soon as practicable before the day of release, the sheriff shall notify the 
United States Department of Homeland Security, or other relevant federal agency in 
charge of handling immigration violations or deportations, when the sheriff is 
preparing to release an individual from the county jail who:
(i)
is charged with a violent felony, as that term is defined in Section 
76-3-203.5
; and
(ii)
(A)
is unlawfully present in the United States; or
(B)
is lawfully present in the United States but has been charged with, or arrested 
for, a criminal offense that could affect the individual's lawful presence status.
(b)
The sheriff shall coordinate with federal authorities to transfer the custody of a 
released individual into federal custody as may be required under Subsection (5)(a).
Section 5, Section 
64-13-10.6
 is amended to read:
64-13-10.6. Transition and reentry of an inmate at termination of incarceration.
(1)
The department shall evaluate the case action plan and update the case action plan as 
necessary to prepare for the offender's transition from incarceration to release, including:
(a)
establishing the supervision level and program needs, based on the offender's 
criminal risk factors;
(b)
identifying barriers to the offender's ability to obtain housing, food, clothing, and 
transportation;
(c)
identifying community-based treatment resources that are reasonably accessible to 
the offender;
(d)
establishing the initial supervision procedures and strategy for the offender's parole 
officer
; and
(e)
ensuring that the offender has access to the web portal described in Section 
35A-2-204
 a minimum of 30 days before the offender's anticipated release date.
(2)
The department shall notify the Board of Pardons and Parole not fewer than 30 days 
prior to an offender's release of:
(a)
the offender's case action plan; and
(b)
any specific conditions of parole necessary to better facilitate transition to the 
community.
(3)
(a)
At least six months before the projected date of an inmate's release from 
incarceration, if practicable, the department shall follow the procedures described in 
Section 
64-13-10.4
.
(b)
If the department is notified of the inmate's release and the remaining term of 
incarceration is for less than six months, the department shall follow the procedures 
described in Section 
64-13-10.4
 as soon as practicable after the department receives 
notification of the inmate's release date.
(4)
If the inmate's term of incarceration is for longer than six months, the department shall 
follow procedures described in Section 
64-13-10.4
:
(a)
approximately six months before the date of the inmate's anticipated release, if the 
inmate's term of incarceration is for longer than six months; or
(b)
as soon as possible, upon notification of the inmate's release, if the release is in 
shorter than six months.
(5)
(a)
If an inmate accepts assistance in obtaining a current state-issued identification 
card or driver license, as described in Subsection 
64-13-10.4(4)
, the department shall 
coordinate with the Driver License Division to:
(i)
(A)
obtain a duplicate of the inmate's state-issued driver license, as described in 
Section 
53-3-215
; or
(B)
renew the inmate's state-issued driver license, if the inmate meets the criteria 
listed in Section 
53-3-214
; or
(ii)
(A)
extend the inmate's state-issued regular identification card, as described in 
Section 
53-3-807
; or
(B)
issue the inmate a temporary regular identification card as described in 
Subsection 
53-3-805(10)
, unless the inmate will live outside this state 
immediately upon release.
(b)
(i)
Subject to Subsection 
(5)(b)(ii)
, the department shall ensure that within the last 
seven days of the inmate's incarceration, the inmate meets with the Driver License 
Division to be issued a duplicate driver license, a renewed driver license, an 
extended regular identification card, or a temporary regular identification card, as 
described in Subsection 
(5)(a)
.
(ii)
If an inmate is released from a facility other than a state correctional facility, the 
department shall coordinate with that correctional facility and the Driver License 
Division in assisting the inmate in meeting with the Driver License Division.
(c)
Before the inmate meets with the Driver License Division, as described in Subsection 
(5)(b)(i)
, the department shall ensure that the inmate is provided all required 
documentation and information the department possesses for the inmate to obtain a 
document listed in Subsection 
(5)(a)
, including:
(i)
all personal identification documentation; and
(ii)
a voucher for payment toward any one of the documents listed in Subsection 
(5)(a)
, up to the cost of a temporary regular identification card described in 
Subsection 
53-3-805(10)
.
(6)
(a)
Subsections 
(4)
 and 
(5)
 do not apply to an inmate that is not:
(a)
(i)
a citizen of the United States; or
(b)
(ii)
a lawful resident of the United States and has legal authorization to work in 
the United States.
(b)
An inmate described in Subsection 
(6)(a)
 may be subject to the department's 
notification requirements under Section 
64-13-10.7
.
Section 6, Section 
64-13-10.7
 is enacted to read:
64-13-10.7. Release of inmates who are not lawfully present in the United States 
-- Notification to and coordination with federal authorities.
(1)
As used in this section, "violent felony" means the same as that term is defined in 
Section 
76-3-203.5
.
(2)
As soon as practicable before the day of release, but at least five business days before 
the day of release, the department shall notify the United States Department of 
Homeland Security, or other relevant federal agency in charge of handling immigration 
violations or deportations, when the department is preparing to release an inmate who:
(a)
has been convicted of a violent felony; and
(b)
(i)
is unlawfully present in the United States; or
(ii)
is lawfully present in the United States, but due to the inmate's criminal conduct 
or offense, may no longer be considered lawfully present in the United States 
under federal law.
(3)
The department shall coordinate with federal authorities to transfer the custody of a 
released inmate into federal custody as may be required under Subsection 
(2)
.
Section 7, Section 
76-3-204
 is amended to read:
76-3-204. Misdemeanor conviction -- Term of imprisonment.
A person who has been convicted of a misdemeanor may be sentenced to imprisonment 
as follows:
(1)
In the case of a class A misdemeanor, for a term not exceeding 
364 days
one year
.
(2)
In the case of a class B misdemeanor, for a term not exceeding six months.
(3)
In the case of a class C misdemeanor, for a term not exceeding 90 days.
Section 8, Section 
76-3-208
 is amended to read:
76-3-208. Imprisonment -- Custodial authorities.
(1)
Persons sentenced to imprisonment shall be committed to the following custodial 
authorities:
(a)
felony commitments shall be to the Utah State Prison;
(b)
(i)
notwithstanding Section 
76-3-204
, 
class A misdemeanor commitments shall 
be to the jail, or other facility designated by the town, city, or county where the 
defendant was convicted, unless the defendant is also serving a felony 
commitment at the Utah State Prison at the commencement of the class A 
misdemeanor conviction, in which case, the class A misdemeanor commitment 
shall be to the Utah State Prison for an indeterminate term not to exceed one year
with a credit for one day
; and
(ii)
the court may not order the imprisonment of a defendant to the Utah State Prison 
for a fixed term or other term that is inconsistent with this section and Section 
77-18-111
; and
(c)
all other misdemeanor commitments shall be to the jail or other facility designated by 
the town, city or county where the defendant was convicted.
(2)
A custodial authority may place a prisoner in a facility other than the one to which the 
prisoner was committed when:
(a)
the custodial authority does not have space to accommodate the prisoner; or
(b)
the security of the institution or prisoner requires the prisoner to be placed in a 
facility other than the one to which the prisoner was committed.
Section 9, Section 
77-20-201
 is amended to read:
77-20-201. Right to bail -- Capital felony.
(1)
An individual charged with, or arrested for, a criminal offense shall be admitted to bail 
as a matter of right, except if the individual is charged with:
(a)
a capital felony when there is substantial evidence to support the charge;
(b)
a felony committed while on parole or on probation for a felony conviction, or while 
free on bail awaiting trial on a previous felony charge, when there is substantial 
evidence to support the current felony charge;
(c)
a felony when there is substantial evidence to support the charge and the court finds, 
by clear and convincing evidence, that:
(i)
the individual would constitute a substantial danger to any other individual or to 
the community after considering available conditions of release that the court may 
impose if the individual is released on bail; or
(ii)
the individual is likely to flee the jurisdiction of the court if the individual is 
released on bail;
(d)
a felony when there is substantial evidence to support the charge and the court finds, 
by clear and convincing evidence, that the individual violated a material condition of 
release while previously on bail;
(e)
a domestic violence offense if:
(i)
there is substantial evidence to support the charge; and
(ii)
the court finds, by clear and convincing evidence, that the individual would 
constitute a substantial danger to an alleged victim of domestic violence after 
considering available conditions of release that the court may impose if the 
individual is released on bail;
(f)
the offense of driving under the influence or driving with a measurable controlled 
substance in the body if:
(i)
the offense results in death or serious bodily injury to an individual;
(ii)
there is substantial evidence to support the charge; and
(iii)
the court finds, by clear and convincing evidence, that the individual would 
constitute a substantial danger to the community after considering available 
conditions of release that the court may impose if the individual is released on 
bail; 
(g)
a felony violation of Section 
76-9-101
 if:
(i)
there is substantial evidence to support the charge; and
(ii)
the court finds, by clear and convincing evidence, that the individual is not likely 
to appear for a subsequent court appearance; or
(h)
except as provided in Subsection (4), the offense of driving under the influence or 
driving with a measurable controlled substance in the body:
(i)
if committed while on parole or on probation for a driving under the influence or 
driving with a measurable controlled substance in the body conviction; or
(ii)
while the individual is out of custody awaiting trial on a previous driving under 
the influence or driving with a measurable controlled substance in the body 
charge, when the court finds there is substantial evidence to support the current 
charge.
(2)
Notwithstanding any other provision of this section, there is a rebuttable presumption 
that an individual is a substantial danger to the community under Subsection (1)(f)(iii):
(a)
as long as the individual has a blood or breath alcohol concentration of .05 grams or 
greater if the individual is arrested for, or charged with, the offense of driving under 
the influence and the offense resulted in death or serious bodily injury to an 
individual; or
(b)
if the individual has a measurable amount of controlled substance in the individual's 
body, the individual is arrested for, or charged with, the offense of driving with a 
measurable controlled substance in the body and the offense resulted in death or 
serious bodily injury to an individual.
(3)
For purposes of Subsection (1)(a), any arrest or charge for a violation of Section 
76-5-202
, aggravated murder, is a capital felony unless:
(a)
the prosecuting attorney files a notice of intent to not seek the death penalty; or
(b)
the time for filing a notice to seek the death penalty has expired and the prosecuting 
attorney has not filed a notice to seek the death penalty.
(4)
For purposes of Subsection (1)(h), there is a rebuttable presumption that an individual 
would not constitute a substantial danger to any other person or the community if:
(a)
the court orders the person to participate in an inpatient drug and alcohol treatment 
program; or
(b)
the court orders the person to participate in home confinement through the use of 
electronic monitoring as described in Section 
41-6a-506
.
(5)
For purposes of a determination under Subsection 
(1)(c)(ii)
, there is a rebuttable 
presumption that an individual is at risk of fleeing the jurisdiction if the individual:
(a)
is not lawfully present in the United States; or
(b)
(i)
is lawfully present in the United States; and
(ii)
has been charged with, or arrested for, a criminal offense that could affect the 
individual's lawful presence status.
Section 10, Section 
77-20-202
 is amended to read:
77-20-202. Collection of pretrial information.
(1)
When an individual is arrested without a warrant for an offense and booked at a jail 
facility, an employee at the jail facility, or an employee of a pretrial services program, 
shall submit the following information to the court with the probable cause statement:
(a)
identification information for the individual, including:
(i)
the individual's legal name and any known aliases;
(ii)
the individual's date of birth;
(iii)
the individual's state identification number;
(iv)
the individual's mobile phone number;
 and
(v)
the individual's email address;
 and
(vi)
the individual's immigration status, if the individual is not a United States citizen 
or national;
(b)
the individual's residential address;
(c)
any pending criminal charge or warrant for the individual, including the offense 
tracking number of the current offense for which the individual is booked;
(d)
the individual's probation or parole supervision status;
(e)
whether the individual was on pretrial release for another criminal offense prior to 
the booking of the individual for the current criminal offense if the employee knows 
that the individual was on pretrial release for a prior criminal offense;
(f)
the individual's financial circumstances to the best of the individual's knowledge at 
the time of booking, including:
(i)
the individual's current employer;
(ii)
the individual's monthly income, including any alimony or child support that 
contributes to the individual's monthly income;
(iii)
the individual's monthly expenses, including any alimony or child support 
obligation that the individual is responsible for paying;
(iv)
the individual's ownership of, or any interest in, personal or real property, 
including any savings or checking accounts or cash;
(v)
the number, ages, and relationships of any dependents;
(vi)
any financial support or benefit that the individual receives from a state or 
federal government; and
(vii)
any other information about the individual's financial circumstances that may be 
relevant;
(g)
any ties the individual has to the community, including:
(i)
the length of time that the individual has been at the individual's residential 
address;
(ii)
any enrollment in a local college, university, or trade school; and
(iii)
the name and contact information for any family member or friend that the 
individual believes would be willing to provide supervision of the individual; 
(h)
the results of a lethality assessment completed in accordance with Section 
77-36-2.1
, 
if any; and
(i)
whether the individual is under the influence of alcohol or a controlled substance to a 
degree that would endanger the individual or another individual if the individual is 
released.
(2)
Upon request, the jail facility, or the pretrial services program, shall provide the 
information described in Subsection (1) to the individual, the individual's attorney, or the 
prosecuting attorney.
(3)
Any information collected from an individual under Subsection (1) is inadmissible in 
any court proceeding other than:
(a)
a criminal proceeding addressing the individual's pretrial release or indigency for the 
offense, or offenses, for which the individual was arrested or charged with; or
(b)
another criminal proceeding regarding prosecution for providing a false statement 
under Subsection (1).
(4)
Nothing in this section prohibits a court and a county from entering into an agreement 
regarding information to be submitted to the court with a probable cause statement.
Section 11, Section 
77-20-203
 is amended to read:
77-20-203. County sheriff authority to release an individual from jail on own 
recognizance.
(1)
As used in this section:
(a)
(i)
"Qualifying domestic violence offense" means the same as that term is defined 
in Subsection 
77-36-1.1
(4).
(ii)
"Qualifying domestic violence offense" does not include criminal mischief as 
described in Section 
76-6-106
.
(b)
"Qualifying offense" means the same as that term is defined in Section 
78B-7-801
.
(c)
"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
.
(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
, including immigration status
;
(v)
ties to the community;
(vi)
an offense for which the individual was arrested;
(vii)
any potential criminal charges that have not yet been filed;
(viii)
the individual's health condition;
(ix)
any potential risks to a victim, a witness, or the public; and
(x)
any other similar factor a sheriff determines is relevant.
(5)
(a)
Except as provided in Subsection (5)(b)(ii), a jail facility shall detain an 
individual for up to 24 hours from booking if:
(i)
the individual is on supervised probation or parole and that information is 
reasonably available; and
(ii)
the individual was arrested for:
(A)
a violent felony; or
(B)
a qualifying domestic violence offense.
(b)
The jail facility shall:
(i)
notify the entity supervising the individual's probation or parole that the individual 
is being detained; and
(ii)
release the individual:
(A)
to the Department of Corrections if the Department of Corrections supervises 
the individual and requests the individual's release; or
(B)
if a court or magistrate orders release.
(c)
This Subsection (5) does not prohibit a jail facility from holding the individual in 
accordance with this chapter for a new criminal offense.
(6)
This section does not prohibit a court and a county from entering into an agreement 
regarding release.
Section 12. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-15-25 4:30 PM