Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 562 (2025GS)

Sponsor

Rep. Lisonbee, Karianne

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires that counties offering probation services adopt certain probation standards and practices;
• modifies definitions;
• provides that the Office of State Debt Collection has the authority to collect civil accounts receivable or a civil judgment of restitution and interest thereon;
• provides that administrative garnishments also apply to a debtor's property or wages that are under control of a third party;
• requires the Office of State Debt Collection to provide an accounting of the unpaid balance of a defendant's criminal accounts receivable at the time of termination of the defendant's sentence;
• provides repayment procedures for any unpaid balance of a defendant's criminal accounts receivable upon termination of a sentence;
• provides circumstances that constitute a material change in circumstances;
• adds requirements for temporary pretrial status orders of detention;
• modifies provisions relating to factors for pretrial release requirements;
• provides that a request for a pretrial release at an initial appearance does not constitute a pretrial detention hearing;
• requires a court to make findings of fact when making a determination regarding pretrial release;
• adds a financial condition schedule to aid a court in determining the amount of a fixed financial condition;
• requires a judge to take certain actions if the judge is unable to hold a pretrial detention hearing before a certain deadline;

Every vote on this bill

Bill text

78
17-22-5.6
63A-3-502
63A-3-507
77-18-114
77-20-102
77-20-205
77-20-205.5
77-20-206
77-20-207
77-27-5
77-27-6.1
77-32b-103
77-38b-202
77-38b-301
78A-2-214
80-6-507
0
Law Enforcement and Criminal Justice Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: Todd Weiler
LONG TITLE
General Description:
This bill modifies provisions related to law enforcement and criminal justice.
Highlighted Provisions:
This bill:
requires that counties offering probation services adopt certain probation standards and 
practices;
modifies definitions;
provides that the Office of State Debt Collection has the authority to collect civil accounts 
receivable or a civil judgment of restitution and interest thereon;
provides that administrative garnishments also apply to a debtor's property or wages that 
are under control of a third party;
requires the Office of State Debt Collection to provide an accounting of the unpaid 
balance of a defendant's criminal accounts receivable at the time of termination of the 
defendant's sentence;
provides repayment procedures for any unpaid balance of a defendant's criminal accounts 
receivable upon termination of a sentence;
provides circumstances that constitute a material change in circumstances;
adds requirements for temporary pretrial status orders of detention;
modifies provisions relating to factors for pretrial release requirements;
provides that a request for a pretrial release at an initial appearance does not constitute a 
pretrial detention hearing;
requires a court to make findings of fact when making a determination regarding pretrial 
release;
adds a financial condition schedule to aid a court in determining the amount of a fixed 
financial condition;
requires a judge to take certain actions if the judge is unable to hold a pretrial detention 
hearing before a certain deadline;
provides for required procedures when a no bail hold is requested;
provides that certain Board of Pardons and Parole decisions on restitution are final and 
not subject to judicial review;
codifies order of restitution procedures that apply to certain offenders sentenced before 
July 1, 2021;
provides procedures for the accounting and payment of restitution owed to various state 
governmental entities;
permits a sentencing court to authorize the deposit of funds in certain interest-bearing 
accounts when distribution to a victim is pending;
permits the Board of Pardons and Parole to order recovery of fees incurred on behalf of a 
sentenced offender in addition to the existing ability to recover costs;
makes coordinating modifications related to docket entry and interest assessments;
permits a court to set restitution for a juvenile sentenced to prison;
includes a coordination clause that requires changes to a section of this bill to supersede 
the changes to that section in H.B. 312, Criminal Justice Amendments; and
makes technical and grammatical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
17-22-5.6
, as enacted by Laws of Utah 2024, Chapter 16
63A-3-502
, as last amended by Laws of Utah 2024, Chapter 398
63A-3-507
, as last amended by Laws of Utah 2024, Chapter 158
77-18-114
, as last amended by Laws of Utah 2024, Chapter 330
77-20-102
, as last amended by Laws of Utah 2023, Chapter 408
77-20-205
, as last amended by Laws of Utah 2024, Chapters 187, 434
77-20-206
, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
77-20-207
, as last amended by Laws of Utah 2023, Chapter 408
77-27-5
, as last amended by Laws of Utah 2024, Chapters 145, 187 and 208
77-27-6.1
, as last amended by Laws of Utah 2024, Chapter 330
77-32b-103
, as last amended by Laws of Utah 2024, Chapter 389
77-38b-202
, as last amended by Laws of Utah 2024, Chapter 330
77-38b-301
, as last amended by Laws of Utah 2023, Chapter 113
78A-2-214
, as last amended by Laws of Utah 2024, Chapter 398
80-6-507
, as last amended by Laws of Utah 2022, Chapter 135
ENACTS:
77-20-205.5
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
AMENDS:
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
17-22-5.6
 is amended to read:
17-22-5.6
. Probation supervision -- Violation of probation -- Detention -- 
Hearing.
(1)
As used in this section:
(a)
"Probationer" means an individual on probation under the supervision of the county 
sheriff.
(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
.
(c)
"Violent felony" means the same as that term is defined in Section 
76-3-203.5
.
(2)
In a county that offers probation services, the county sheriff shall adopt probation 
standards and practices that are established by the Utah Sheriffs' Association.
(2)
(3)
A county sheriff shall ensure that the court is notified of violations of the terms and 
conditions of a probationer's probation when the county sheriff determines that:
(a)
incarceration is recommended as a sanction;
(b)
a graduated and evidence-based response is not an appropriate response to the 
offender's violation and recommends revocation of probation; or
(c)
there is probable cause that the conduct that led to a violation of probation is:
(i)
a violent felony; or
(ii)
a qualifying domestic violence offense.
(3)
(4)
A county sheriff may take custody of, and detain, a probationer for a maximum of 
72 hours, excluding weekends and holidays, if there is probable cause to believe that the 
probationer has committed a violation of probation.
(4)
(5)
A county sheriff may not detain a probationer or parolee for longer than 72 hours 
without obtaining a warrant issued by the court.
(5)
(6)
If the county sheriff detains a probationer under Subsection 
(3)
(4)
, the county 
sheriff shall ensure the proper court is notified.
(6)
(7)
A written order from the county sheriff is sufficient authorization for a peace 
officer to incarcerate a probationer if the county sheriff has determined that there is 
probable cause to believe that the probationer has violated the conditions of probation.
(7)
(8)
If a probationer commits a violation outside of the jurisdiction of the county sheriff 
supervising the probationer, the arresting law enforcement agency is not required to hold 
or transport the probationer to the county sheriff.
(8)
(9)
This section does not require the county sheriff to release a probationer who is 
being held for something other than a probation violation, including a warrant issued for 
new criminal conduct or a new conviction where the individual is sentenced to 
incarceration.
Section 2, Section 
63A-3-502
 is amended to read:
63A-3-502
. Office of State Debt Collection created -- Duties.
(1)
The state and each state agency shall comply with:
(a)
the requirements of this chapter; and
(b)
any rules established by the Office of State Debt Collection.
(2)
There is created the Office of State Debt Collection in the Division of Finance.
(3)
The office shall:
(a)
have overall responsibility for collecting and managing state receivables;
(b)
assist the Division of Finance to develop consistent policies governing the collection 
and management of state receivables;
(c)
oversee and monitor state receivables to ensure that state agencies are:
(i)
implementing all appropriate collection methods;
(ii)
following established receivables guidelines; and
(iii)
accounting for and reporting receivables in the appropriate manner;
(d)
assist the Division of Finance to develop policies, procedures, and guidelines for 
accounting, reporting, and collecting money owed to the state;
(e)
provide information, training, and technical assistance to each state agency on 
various collection-related topics;
(f)
write an inclusive receivables management and collection manual for use by each 
state agency;
(g)
prepare quarterly and annual reports of the state's receivables;
(h)
create or coordinate a state accounts receivable database;
(i)
develop reasonable criteria to gauge state agencies' efforts in maintaining an effective 
accounts receivable program;
(j)
identify any state agency that is not making satisfactory progress toward 
implementing collection techniques and improving accounts receivable collections;
(k)
coordinate information, systems, and procedures between each state agency to 
maximize the collection of past-due accounts receivable;
(l)
establish an automated cash receipt process between each state agency;
(m)
assist the Division of Finance to establish procedures for writing off accounts 
receivable for accounting and collection purposes;
(n)
establish standard time limits after which an agency will delegate responsibility to 
collect state receivables to the office or the office's designee;
(o)
be a real party in interest for:
(i)
an account receivable referred to the office by any state agency; and
(ii)
a civil judgment of restitution entered on a civil judgment docket by a court;
(p)
allocate money collected for a judgment entered on the civil judgment docket under 
Section 
77-18-114
 in accordance with Sections 
51-9-402
, 
63A-3-506
, and 
78A-5-110
;
(q)
if a criminal accounts receivable is transferred to the office under Subsection 
77-32b-103
(2)(a)(ii), receive, process, and distribute payments for the criminal 
accounts receivable;
(r)
provide a debtor online access to the debtor's accounts receivable or criminal 
accounts receivable in accordance with Section 
63A-3-502.5
;
(s)
establish a written policy for each of the following:
(i)
the settling of an accounts receivable, including any amount of restitution owed to 
a victim in a civil judgment of restitution if the victim approves of the settlement;
(ii)
allowing a debtor to pay off a single debt as part of an accounts receivable even if 
the debtor has a balance on another debt as part of an accounts receivable or 
criminal accounts receivable;
(iii)
setting a payment deadline for settlement agreements and for obtaining an 
extension of a settlement agreement deadline; and
(iv)
reducing administrative costs when a settlement has been reached;
(t)
consult with a state agency on whether:
(i)
the office may agree to a settlement for an amount that is less than the debtor's 
principal amount; and
(ii)
the state agency may retain authority to negotiate a settlement with a debtor; and
(u)
provide the terms and conditions of any payment arrangement that the debtor has 
made with a state agency or the office when:
(i)
the payment arrangement is created; or
(ii)
the debtor requests a copy of the terms and conditions.
(4)
The office may:
(a)
recommend to the Legislature new laws to enhance collection of past-due accounts 
by state agencies;
(b)
collect accounts receivables for higher education entities, if the higher education 
entity agrees;
(c)
prepare a request for proposal for consulting services to:
(i)
analyze the state's receivable management and collection efforts; and
(ii)
identify improvements needed to further enhance the state's effectiveness in 
collecting the state's receivables;
(d)
contract with private or state agencies to collect past-due accounts;
(e)
perform other appropriate and cost-effective coordinating work directly related to 
collection of state receivables;
(f)
obtain access to records and databases of any state agency that are necessary to the 
duties of the office by following the procedures and requirements of Section 
63G-2-206
, including the financial declaration form described in Section 
77-38b-204
;
(g)
at rates authorized by the Legislature or set in statute, assess and collect the 
following interest and fees:
(i)
a fee to cover the administrative costs of collection on accounts administered by 
the office;
(ii)
a late penalty fee that may not be more than 10% of the account receivable on 
accounts administered by the office;
(iii)
an interest charge that is:
(A)
the postjudgment interest rate established by Section 
15-1-4
 in judgments 
established by the courts; or
(B)
not more than 2% above the prime rate as of July 1 of each fiscal year for 
accounts receivable for which no court judgment has been entered; and
(iv)
fees to collect accounts receivable for higher education;
(h)
collect reasonable attorney fees and reasonable costs of collection that are related to 
the collection of receivables under this chapter;
(i)
make rules that allow accounts receivable to be collected over a reasonable period of 
time and under certain conditions with credit cards;
(j)
for a case that is referred to the office or in which the office is a judgment creditor, 
file a motion or other document related to the office or the accounts receivable in that 
case, including a satisfaction of judgment, in accordance with the Utah Rules of Civil 
Procedure;
(k)
ensure that judgments for which the office is the judgment creditor are renewed, as 
necessary;
(l)
notwithstanding Section 
63G-2-206
, share records obtained under Subsection (4)(f) 
with private sector vendors under contract with the state to assist state agencies in 
collecting debts owed to the state agencies without changing the classification of any 
private, controlled, or protected record into a public record;
(m)
enter into written agreements with other governmental agencies to obtain and share 
information for the purpose of collecting state accounts receivable; and
(n)
collect accounts receivable for a political subdivision of the state if the political 
subdivision enters into an agreement or contract with the office under Title 11, 
Chapter 13, Interlocal Cooperation Act, for the office to collect the political 
subdivision's accounts receivable.
(5)
The office shall ensure that:
(a)
a record obtained by the office or a private sector vendor under Subsection (4)(l):
(i)
is used only for the limited purpose of collecting accounts receivable; and
(ii)
is subject to federal, state, and local agency records restrictions; and
(b)
any individual employed by, or formerly employed by, the office or a private sector 
vendor as referred to in Subsection (4)(l) is subject to:
(i)
the same duty of confidentiality with respect to the record imposed by law on 
officers and employees of the state agency from which the record was obtained; 
and
(ii)
any civil or criminal penalties imposed by law for violations of lawful access to a 
private, controlled, or protected record.
(6)
(a)
The office shall 
have authority to 
collect a civil accounts receivable or a civil 
judgment of restitution ordered by a court as a result of prosecution for a criminal 
offense that have been transferred to the office under Subsection 
77-18-114
(1) or (2).
(b)
The office may not assess:
(i)
the interest charge established by the office under Subsection 
(4) 
(4)(g)(iii)(B) 
on an account receivable 
that is 
subject to the postjudgment interest rate 
established by Section 
15-1-4
; and
(ii)
an interest charge on 
a
an amount from a
 criminal accounts receivable 
that is 
transferred to the office under Subsection 
77-32b-103
(2)(a)(ii)
until the amount is 
entered on the civil judgment docket
.
(7)
The office shall require a state agency to:
(a)
transfer collection responsibilities to the office or the office's designee according to 
time limits established by the office;
(b)
make annual progress towards implementing collection techniques and improved 
accounts receivable collections;
(c)
use the state's accounts receivable system or develop systems that are adequate to 
properly account for and report the state's receivables;
(d)
develop and implement internal policies and procedures that comply with the 
collections policies and guidelines established by the office;
(e)
provide internal accounts receivable training to staff involved in the management and 
collection of receivables as a supplement to statewide training;
(f)
bill for and make initial collection efforts of the state agency's receivables up to the 
time the accounts must be transferred; and
(g)
submit quarterly receivable reports to the office that identify the age, collection 
status, and funding source of each receivable.
(8)
All interest, fees, and other amounts authorized to be collected by the office under 
Subsection (4)(g):
(a)
are penalties that may be charged by the office;
(b)
do not require an order from a court for the office to assess or collect;
(c)
are not compensation for actual pecuniary loss;
(d)
for a civil accounts receivable:
(i)
begin to accrue on the day on which the civil accounts receivable is entered on the 
civil judgment docket under Subsection 
77-18-114
(1) or (2); and
(ii)
may be collected as part of the civil accounts receivable;
(e)
for a civil judgment of restitution:
(i)
begin to accrue on the day on which the civil judgment of restitution is entered on 
the civil judgment docket under Subsection 
77-18-114
(1); and
(ii)
may be collected as part of the civil judgment of restitution;
(f)
for all other accounts receivable:
(i)
begin to accrue on the day on which the accounts receivable is transferred to the 
office, even if there is no court order on the day on which the accounts receivable 
is transferred; and
(ii)
may be collected as part of the accounts receivable; and
(g)
may be waived by:
(i)
the office; or
(ii)
if the interest, fee, or other amount is charged in error, the court.
Section 3, Section 
63A-3-507
 is amended to read:
63A-3-507
. Administrative garnishment order.
(1)
Subject to Subsection (2), if a judgment is entered against a debtor, the office may issue 
an administrative garnishment order against the debtor's personal property, including 
wages, in the possession of 
or under the control of 
a party other than the debtor in the 
same manner and with the same effect as if the order was a writ of garnishment issued 
by a court with jurisdiction.
(2)
The office may issue the administrative garnishment order if:
(a)
the order is signed by the director or the director's designee; and
(b)
the underlying debt is for:
(i)
nonpayment of a civil accounts receivable or a civil judgment of restitution; or
(ii)
nonpayment of a judgment, or abstract of judgment or award filed with a court, 
based on an administrative order for payment issued by an agency of the state.
(3)
An administrative garnishment order issued in accordance with this section is subject to 
the procedures and due process protections provided by Rule 64D, Utah Rules of Civil 
Procedure, except as provided by Section 
70C-7-103
.
(4)
An administrative garnishment order issued by the office shall:
(a)
contain a statement that includes:
(i)
if known:
(A)
the nature, location, account number, and estimated value of the property; and
(B)
the name, address, and phone number of the person holding the property;
(ii)
whether any of the property consists of earnings;
(iii)
the amount of the judgment and the amount due on the judgment; and
(iv)
the name, address, and phone number of any person known to the plaintiff to 
claim an interest in the property;
(b)
identify the defendant, including the defendant's name and last known address;
(c)
notify the defendant of the defendant's right to reply to answers and request a hearing 
as provided by Rule 64D, Utah Rules of Civil Procedure; and
(d)
state where the garnishee may deliver property.
(5)
The office may, in the office's discretion, include in an administrative garnishment order:
(a)
the last four digits of the defendant's Social Security number;
(b)
the last four digits of the defendant's driver license number;
(c)
the state in which the defendant's driver license was issued;
(d)
one or more interrogatories inquiring:
(i)
whether the garnishee is indebted to the defendant and, if so, the nature of the 
indebtedness;
(ii)
whether the garnishee possesses or controls any property of the defendant and, if 
so, the nature, location, and estimated value of the property;
(iii)
whether the garnishee knows of any property of the defendant in the possession 
or under the control of another and, if so:
(A)
the nature, location, and estimated value of the property; and
(B)
the name, address, and telephone number of the person who has possession or 
control of the property;
(iv)
whether the garnishee is deducting a liquidated amount in satisfaction of a claim 
against the plaintiff or the defendant, whether the claim is against the plaintiff or 
the defendant, and the amount deducted;
(v)
the date and manner of the garnishee's service of papers upon the defendant and 
any third party;
(vi)
the dates on which any previously served writs of continuing garnishment were 
served; and
(vii)
any other relevant information, including the defendant's position, rate of pay, 
method of compensation, pay period, and computation of the amount of the 
defendant's disposable earnings.
(6)
(a)
A garnishee who acts in accordance with this section and the administrative 
garnishment issued by the office is released from liability unless an answer to an 
interrogatory is successfully controverted.
(b)
Except as provided in Subsection (6)(c), if the garnishee fails to comply with an 
administrative garnishment issued by the office without a court or final 
administrative order directing otherwise, the garnishee is liable to the office for an 
amount determined by the court.
(c)
The amount for which a garnishee is liable under Subsection (6)(b) includes:
(i)
(A)
the value of the judgment; or
(B)
the value of the property, if the garnishee shows that the value of the property 
is less than the value of the judgment;
(ii)
reasonable costs; and
(iii)
attorney fees incurred by the parties as a result of the garnishee's failure.
(d)
If the garnishee shows that the steps taken to secure the property were reasonable, 
the court may excuse the garnishee's liability in whole or in part.
(7)
(a)
If the office has reason to believe that a garnishee has failed to comply with the 
requirements of this section in the garnishee's response to a garnishment order issued 
under this section, the office may submit a motion to the court requesting the court to 
issue an order against the garnishee requiring the garnishee to appear and show cause 
why the garnishee should not be held liable under this section.
(b)
The office shall attach to a motion under Subsection (7)(a) a statement that the office 
has in good faith conferred or attempted to confer with the garnishee in an effort to 
settle the issue without court action.
(8)
A person is not liable as a garnishee for drawing, accepting, making, or endorsing a 
negotiable instrument if the instrument is not in the possession or control of the 
garnishee at the time of service of the administrative garnishment order.
(9)
(a)
A person indebted to the defendant may pay to the office the amount of the debt 
or an amount to satisfy the administrative garnishment.
(b)
The office's receipt of an amount described in Subsection (9)(a) discharges the 
debtor for the amount paid.
(10)
A garnishee may deduct from the property any liquidated claim against the defendant.
(11)
(a)
If a debt to the garnishee is secured by property, the office:
(i)
is not required to apply the property to the debt when the office issues the 
administrative garnishment order; and
(ii)
may obtain a court order authorizing the office to buy the debt and requiring the 
garnishee to deliver the property.
(b)
Notwithstanding Subsection (11)(a)(i):
(i)
the administrative garnishment order remains in effect; and
(ii)
the office may apply the property to the debt.
(c)
The office or a third party may perform an obligation of the defendant and require 
the garnishee to deliver the property upon completion of performance or, if 
performance is refused, upon tender of performance if:
(i)
the obligation is secured by property; and
(ii)
(A)
the obligation does not require the personal performance of the defendant; 
and
(B)
a third party may perform the obligation.
(12)
(a)
The office may issue a continuing garnishment order against a nonexempt 
periodic payment.
(b)
This section is subject to the Utah Exemptions Act.
(c)
A continuing garnishment order issued in accordance with this section applies to 
payments to, or for the benefit of, the defendant from the date of service upon the 
garnishee until the earliest of the following:
(i)
the last periodic payment;
(ii)
the judgment upon which the administrative garnishment order is issued is stayed, 
vacated, or satisfied in full; or
(iii)
the office releases the order.
(d)
No later than seven days after the last day of each payment period, the garnishee 
shall with respect to that period:
(i)
answer each interrogatory;
(ii)
serve an answer to each interrogatory on the office, the defendant, and any other 
person who has a recorded interest in the property; and
(iii)
deliver the property to the office.
(e)
If the office issues a continuing garnishment order during the term of a writ of 
continuing garnishment issued by a court, the order issued by the office:
(i)
is tolled when a writ of garnishment or other income withholding is already in 
effect and is withholding greater than or equal to the maximum portion of 
disposable earnings described in Subsection (13);
(ii)
is collected in the amount of the difference between the maximum portion of 
disposable earnings described in Subsection (13) and the amount being garnished 
by an existing writ of continuing garnishment if the maximum portion of 
disposable earnings exceed the existing writ of garnishment or other income 
withholding; and
(iii)
shall take priority upon the termination of the current term of existing writs.
(13)
The maximum portion of disposable earnings of an individual subject to seizure in 
accordance with this section is the lesser of:
(a)
25% of the defendant's disposable earnings for any other judgment; or
(b)
the amount by which the defendant's disposable earnings for a pay period exceeds 
the number of weeks in that pay period multiplied by 30 times the federal minimum 
wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
(14)
(a)
In accordance with the requirements of this Subsection (14), the office may, at its 
discretion, determine a dollar amount that a garnishee is to withhold from earnings 
and deliver to the office in a continuing administrative garnishment order issued 
under this section.
(b)
The office may determine the dollar amount that a garnishee is to withhold from 
earnings under Subsection (14)(a) if the dollar amount determined by the office:
(i)
does not exceed the maximum amount allowed under Subsection (13); and
(ii)
is based on:
(A)
earnings information received by the office directly from the Department of 
Workforce Services; or
(B)
previous garnishments issued to the garnishee by the office where payments 
were received at a consistent dollar amount.
(c)
The earnings information or previous garnishments relied on by the office under 
Subsection (14)(b)(ii) to calculate a dollar amount under this Subsection (14) shall be:
(i)
for one debtor;
(ii)
from the same employer;
(iii)
for two or more consecutive quarters; and
(iv)
received within the last six months.
(15)
(a)
A garnishee who provides the calculation for withholdings on a defendant's 
wages in the garnishee's initial response to an interrogatory in an administrative 
garnishment order under this section is not required to provide the calculation for 
withholdings after the garnishee's initial response if:
(i)
the garnishee's accounting system automates the amount of defendant's wages to 
be paid under the garnishment; and
(ii)
the defendant's wages do not vary by more than five percent from the amount 
disclosed in the garnishee's initial response.
(b)
Notwithstanding Subsection (15)(a), upon request by the office or the defendant, a 
garnishee shall provide, for the last pay period or other pay period specified by the 
office or defendant, a calculation of the defendant's wages and withholdings and the 
amount garnished.
(16)
(a)
A garnishee under an administrative garnishment order under this section is 
entitled to receive a garnishee fee, as provided in this Subsection (16), in the amount 
of:
(i)
$10 per garnishment order, for a noncontinuing garnishment order; and
(ii)
$25, as a one-time fee, for a continuing garnishment order.
(b)
A garnishee may deduct the amount of the garnishee fee from the amount to be 
remitted to the office under the administrative garnishment order, if the amount to be 
remitted exceeds the amount of the fee.
(c)
If the amount to be remitted to the office under an administrative garnishment order 
does not exceed the amount of the garnishee fee:
(i)
the garnishee shall notify the office that the amount to be remitted does not exceed 
the amount of the garnishee fee; and
(ii)
(A)
the garnishee under a noncontinuing garnishment order shall return the 
administrative garnishment order to the office, and the office shall pay the 
garnishee the garnishee fee; or
(B)
the garnishee under a continuing garnishment order shall delay remitting to 
the office until the amount to be remitted exceeds the garnishee fee.
(d)
If, upon receiving the administrative garnishment order, the garnishee does not 
possess or control any property, including money or wages, in which the defendant 
has an interest:
(i)
the garnishee under a continuing or noncontinuing garnishment order shall, except 
as provided in Subsection (16)(d)(ii), return the administrative garnishment order 
to the office, and the office shall pay the garnishee the applicable garnishee fee; or
(ii)
if the garnishee under a continuing garnishment order believes that the garnishee 
will, within 90 days after issuance of the continuing garnishment order, come into 
possession or control of property in which the defendant owns an interest, the 
garnishee may retain the garnishment order and deduct the garnishee fee for a 
continuing garnishment once the amount to be remitted exceeds the garnishee fee.
(17)
Section 
78A-2-216
 does not apply to an administrative garnishment order issued under 
this section.
(18)
An administrative garnishment instituted in accordance with this section shall continue 
to operate and require that a person withhold the nonexempt portion of earnings at each 
succeeding earning disbursement interval until the total amount due in the garnishment 
is withheld or the garnishment is released in writing by the court or office.
(19)
If the office issues an administrative garnishment order under this section to collect an 
amount owed on a civil accounts receivable or a civil judgment of restitution, the 
administrative garnishment order shall be construed as a continuation of the criminal 
action for which the civil accounts receivable or civil judgment of restitution arises if the 
amount owed is from a fine, fee, or restitution for the criminal action.
Section 4, Section 
77-18-114
 is amended to read:
77-18-114
. Unpaid balance at termination of sentence -- Transfer of collection 
responsibility -- Past due account -- Notice -- Account or judgment paid in full -- Effect of 
civil accounts receivable and civil judgment of restitution.
(1)
When a defendant's sentence is terminated by law or by the decision of the court or the 
board:
(a)
the board shall provide 
notice to the Office of State Debt Collection, and the Office 
of State Debt Collection shall provide 
an accounting of the unpaid balance of the 
defendant's criminal accounts receivable to the court if the defendant was on parole 
or incarcerated at the time of termination; and
(b)
except as provided in 
Subsection 
(1)(b)(iv)
, 
Subsection 
77-18-118
(1)(g)
, and 
Subsection 
77-27-6.1(2)(f)
, within 90 days after the day on which a defendant's 
sentence is terminated, the court shall:
(i)
enter an order for a civil accounts receivable and a civil judgment of restitution for 
a defendant on the civil judgment docket;
(ii)
transfer the responsibility of collecting the civil accounts receivable and the civil 
judgment of restitution to the Office of State Debt Collection;
 and
(iii)
identify in the order under this Subsection (1):
(A)
the Office of State Debt Collection as a judgment creditor for the civil 
accounts receivable and the civil judgment of restitution; and
(B)
the victim as a judgment creditor for the civil judgment of restitution
.
; and
(iv)
if the restitution is owed to the Department of Workforce Services or the 
Department of Health and Human Services, upon request by the prosecutor or 
victim:
(A)
enter an order for the civil accounts receivable and a civil judgment of 
restitution for a defendant on the civil judgment docket;
(B)
transfer the responsibility of collecting the civil judgment of restitution to each 
entity described in this Subsection (1)(b)(iv) that is owed restitution, with the 
balance owed to each entity assigned to each entity respectively if applicable;
(C)
identify each entity that is assigned responsibility for collecting a civil 
judgment of restitution under Subsection (1)(b)(iv)(B) as a judgment creditor 
for the civil judgment of restitution; and
(D)
identify the Office of State Debt Collection as a judgment creditor for any 
civil accounts receivable and transfer the responsibility of collecting the civil 
accounts receivable to the Office of State Debt Collection.
(2)
If a criminal accounts receivable for the defendant is more than 90 days past due and the 
court has ordered that a defendant does not owe restitution to any victim, or the time 
period for entering an order for restitution has expired under Section 
77-38b-205
 and the 
court has not ordered restitution, the court may:
(a)
enter an order for a civil accounts receivable for the defendant on the civil judgment 
docket;
(b)
identify, in the order under Subsection (2)(a), the Office of State Debt Collection as a 
judgment creditor for the civil accounts receivable; and
(c)
transfer the responsibility of collecting the civil accounts receivable to the Office of 
State Debt Collection.
(3)
An order for a criminal accounts receivable is no longer in effect after the court enters 
an order for a civil accounts receivable or a civil judgment of restitution under 
Subsection (1) or (2).
(4)
The court shall provide notice to the Office of State Debt Collection and the prosecuting 
attorney of any hearing that affects an order for the civil accounts receivable or the civil 
judgment of restitution.
(5)
The Office of State Debt Collection shall notify the court when a civil judgment of 
restitution or a civil accounts receivable is satisfied.
(6)
When a fine, forfeiture, surcharge, cost, or fee is recorded in an order for a civil 
accounts receivable on the civil judgment docket, or when restitution is recorded as an 
order for a civil judgment of restitution on the civil judgment docket, the order:
(a)
constitutes a lien on the defendant's real property until the judgment is satisfied; and
(b)
may be collected by any means authorized by law for the collection of a civil 
judgment.
(7)
A criminal accounts receivable, a civil accounts receivable, and a civil judgment of 
restitution are not subject to the civil statutes of limitation and expire only upon payment 
in full.
(8)
(a)
If a defendant asserts that a payment was made to a victim or third party for a civil 
judgment of restitution, or enters into any other transaction that does not involve the 
Office of State Debt Collection, and the defendant asserts that the payment results in 
a credit 
towards
toward
 the civil judgment of restitution for the defendant:
(i)
the defendant shall provide notice to the Office of State Debt Collection and the 
prosecuting attorney within 30 days after the day on which the payment or other 
transaction is made; and
(ii)
the payment may only be credited towards the civil judgment of restitution and 
does not affect any other amount owed to the Office of State Debt Collection 
under Section 
63A-3-502
.
(b)
Nothing in this Subsection (8) shall be construed to prevent a victim or a third party 
from providing notice of a payment towards a civil judgment of restitution to the 
Office of State Debt Collection.
Section 5, Section 
77-20-102
 is amended to read:
77-20-102
. Definitions.
As used in this chapter:
(1)
"Bail" means pretrial release.
(2)
"Bail bond" means the same as that term is defined in Section 
31A-35-102
.
(3)
"Bail bond agency" means the same as that term is defined in Section 
31A-35-102
.
(4)
"Bail bond producer" means the same as that term is defined in Section 
31A-35-102
.
(5)
"County jail official" means a county sheriff or the county sheriff's designee.
(6)
"Exonerate" means to release and discharge a surety, or a surety's bail bond producer, 
from liability for a bail bond.
(7)
"Financial condition" means any monetary condition that is imposed to secure an 
individual's pretrial release.
(8)
"Forfeiture" means:
(a)
to divest an individual or surety from a right to the repayment of monetary bail; or
(b)
to enforce a pledge of assets or real or personal property from an individual or surety 
used to secure an individual's pretrial release.
(9)
"Magistrate" means the same as that term is defined in Section 
77-1-3
.
(10)
(a)
"Material change in circumstances" includes:
(i)
a preliminary examination in which relevant evidence is presented that:
(A)
is material to the factors or considerations provided in Section 
77-20-201
; and
(B)
was not known to the court at the time the pretrial status order was issued;
(ii)
an unreasonable delay in prosecution that is not attributable to the defendant;
(ii)
(iii)
a material change in the risk that an individual poses to a victim, a witness, 
or the public if released due to the passage of time or any other relevant factor;
(iii)
(iv)
a material change in the conditions of release or the services that are 
reasonably available to the defendant if released;
(iv)
(v)
a willful or repeated failure by the defendant to appear at required court 
appearances; or
(v)
(vi)
any other material change related to the defendant's risk of flight or danger 
to any other individual or to the community if released.
(b)
"Material change in circumstances" does not include any fact or consideration that is 
known at the time that the pretrial status order is issued.
(11)
"Monetary bail" means a financial condition.
(12)
"No bail hold" means an order with the restrictions described in Subsection (18)(c).
(12)
(13)
"Own recognizance" means the release of an individual without any condition of 
release other than the individual's promise to:
(a)
appear for all required court proceedings; and
(b)
not commit any criminal offense.
(13)
(14)
"Pretrial detention hearing" means a hearing described in Section 
77-20-206
.
(14)
(15)
"Pretrial release" means the release of an individual from law enforcement 
custody during the time the individual awaits trial or other resolution of criminal charges.
(15)
(16)
"Pretrial risk assessment" means an objective, research-based, validated 
assessment tool that measures an individual's risk of flight and risk of anticipated 
criminal conduct while on pretrial release.
(16)
(17)
"Pretrial services program" means a program that is established to:
(a)
gather information on individuals booked into a jail facility;
(b)
conduct pretrial risk assessments; and
(c)
supervise individuals granted pretrial release.
(17)
(18)
"Pretrial status order" means an order issued by a magistrate or judge that:
(a)
releases the individual on the individual's own recognizance while the individual 
awaits trial or other resolution of criminal charges;
(b)
sets the terms and conditions of the individual's pretrial release while the individual 
awaits trial or other resolution of criminal charges; or
(c)
denies pretrial release and orders that the individual be detained while the individual 
awaits trial or other resolution of criminal charges.
(18)
(19)
"Principal" means the same as that term is defined in Section 
31A-35-102
.
(19)
(20)
"Surety" means a surety insurer or a bail bond agency.
(20)
(21)
"Surety insurer" means the same as that term is defined in Section 
31A-35-102
.
(21)
(22)
"Temporary pretrial status order" means an order issued by a magistrate that:
(a)
releases the individual on the individual's own recognizance until a pretrial status 
order is issued;
(b)
sets the terms and conditions of the individual's pretrial release until a pretrial status 
order is issued; or
(c)
denies pretrial release and orders that the individual be detained until a pretrial status 
order is issued.
(22)
(23)
"Unsecured bond" means an individual's promise to pay a financial condition if 
the individual fails to appear for any required court appearance.
Section 6, Section 
77-20-205
 is amended to read:
77-20-205
. Pretrial release by a magistrate or judge.
(1)
(a)
At the time that a magistrate issues a warrant of arrest, or finds there is probable 
cause to support the individual's arrest under Rule 9 of the Utah Rules of Criminal 
Procedure, the magistrate shall issue a temporary pretrial status order that:
(i)
releases the individual on the individual's own recognizance during the time the 
individual awaits trial or other resolution of criminal charges;
(ii)
designates a condition, or a combination of conditions, to be imposed upon the 
individual's release during the time the individual awaits trial or other resolution 
of criminal charges; or
(iii)
orders the individual be detained during the time the individual awaits trial or 
other resolution of criminal charges.
(b)
At the time that a magistrate issues a summons, the magistrate may issue a temporary 
pretrial status order that:
(i)
releases the individual on the individual's own recognizance during the time the 
individual awaits trial or other resolution of criminal charges; or
(ii)
designates a condition, or a combination of conditions, to be imposed upon the 
individual's release during the time the individual awaits trial or other resolution 
of criminal charges
, subject to the requirements of Subsection (1)(c)
.
(c)
(i)
Notwithstanding Subsection (1)(a) or (b), a magistrate shall issue a temporary 
pretrial status order 
of detention 
under Subsection 
(1) that detains an individual
(1)(a)(iii)
 if the individual is arrested for a felony offense and the magistrate finds:
(i)
(A)
there is substantial evidence to support the individual's arrest for the 
felony offense;
(ii)
(B)
the individual committed the felony offense while:
(A)
(I)
the individual was on parole or probation for a conviction of a felony 
offense; or
(B)
(II)
the individual was released and awaiting trial on a previous charge for 
a felony offense; and
(iii)
(C)
based on information reasonably available to the magistrate, the 
individual
 has at least nine cases where the individual has been charged or 
convicted, or entered a plea of guilty, within five years from the day on which 
the individual was arrested for the felony offense described in Subsection 
(1)(c)(i)
:
(I)
is a habitual offender as defined in Section 
77-18-102
; or
(II)
will be a habitual offender as defined in Section 
77-18-102
 if the individual 
is convicted of the felony offense
.
(d)
Subsection (1)(c) does not limit or prohibit a magistrate's authority to detain an 
individual who does not meet the requirements described in Subsection (1)(c).
(2)
(a)
Except as provided in Subsection (2)(b), the magistrate or judge shall issue a 
pretrial status order at an individual's first appearance before the court.
(b)
The magistrate or judge may delay the issuance of a pretrial status order at an 
individual's first appearance before the court:
(i)
until a pretrial detention hearing is held if a prosecuting attorney makes a motion 
for pretrial detention as described in Section 
77-20-206
;
(ii)
if a party requests a delay; or
(iii)
if there is good cause to delay the issuance.
(c)
If a magistrate or judge delays the issuance of a pretrial status order under Subsection 
(2)(b), the magistrate or judge shall extend the temporary pretrial status order until 
the issuance of a pretrial status order.
(d)
A request for a pretrial release that has not been fully presented to and ruled upon by 
the magistrate or judge at an initial appearance does not constitute a pretrial detention 
hearing under Section 
77-20-206
.
(3)
(a)
When a magistrate or judge issues a pretrial status order, the pretrial status order 
shall:
(i)
release the individual on the individual's own recognizance during the time the 
individual awaits trial or other resolution of criminal charges;
(ii)
designate a condition, or a combination of conditions, to be imposed upon the 
individual's release during the time the individual awaits trial or other resolution 
of criminal charges; or
(iii)
subject to the requirements of Subsection (10), 
order the individual to be 
detained during the time that individual awaits trial or other resolution of criminal 
charges.
(b)
In making a determination about pretrial release in a pretrial status order, the 
magistrate or judge may not give any deference to a magistrate's decision in a 
temporary pretrial status order.
(4)
In making a determination about pretrial release, a magistrate or judge shall impose:
(a)
only conditions of release that are reasonably available; and
(b)
conditions of release that reasonably ensure:
(i)
the individual's appearance in court when required;
(ii)
the safety of any witnesses or victims of the offense allegedly committed by the 
individual;
(iii)
the safety and welfare of the public; and
(iv)
that the individual will not obstruct, or attempt to obstruct, the criminal justice 
process.
(5)
Except as provided in Subsection 
(1)(c)
 or (6), a magistrate or judge may impose a 
condition, or combination of conditions, for pretrial release that requires an individual to:
(a)
not commit a federal, state, or local offense during the period of pretrial release;
(b)
avoid contact with a victim of the alleged offense;
(c)
avoid contact with a witness who:
(i)
may testify concerning the alleged offense; and
(ii)
is named in the pretrial status order;
(d)
not consume alcohol or any narcotic drug or other controlled substance unless 
prescribed by a licensed medical practitioner;
(e)
submit to drug or alcohol testing;
(f)
complete a substance abuse evaluation and comply with any recommended treatment 
or release program;
(g)
submit to electronic monitoring or location device tracking;
(h)
participate in inpatient or outpatient medical, behavioral, psychological, or 
psychiatric treatment;
(i)
maintain employment or actively seek employment if unemployed;
(j)
maintain or commence an education program;
(k)
comply with limitations on where the individual is allowed to be located or the times 
that the individual shall be, or may not be, at a specified location;
(l)
comply with specified restrictions on personal associations, place of residence, or 
travel;
(m)
report to a law enforcement agency, pretrial services program, or other designated 
agency at a specified frequency or on specified dates;
(n)
comply with a specified curfew;
(o)
forfeit or refrain from possession of a firearm or other dangerous weapon;
(p)
if the individual is charged with an offense against a child, limit or prohibit access to 
any location or occupation where children are located, including any residence where 
children are on the premises, activities where children are involved, locations where 
children congregate, or where a reasonable person would know that children 
congregate;
(q)
comply with requirements for house arrest;
(r)
return to custody for a specified period of time following release for employment, 
schooling, or other limited purposes;
(s)
remain in custody of one or more designated individuals who agree to:
(i)
supervise and report on the behavior and activities of the individual; and
(ii)
encourage compliance with all court orders and attendance at all required court 
proceedings;
(t)
comply with a financial condition; or
(u)
comply with any other condition that is reasonably available and necessary to ensure 
compliance with Subsection (4).
(6)
(a)
If a county or municipality has established a pretrial services program, the 
magistrate or judge shall consider the services that the county or municipality has 
identified as available in determining what conditions of release to impose.
(b)
The magistrate or judge may not order conditions of release that would require the 
county or municipality to provide services that are not currently available from the 
county or municipality.
(c)
Notwithstanding Subsection (6)(a), the magistrate or judge may impose conditions of 
release not identified by the county or municipality so long as the condition does not 
require assistance or resources from the county or municipality.
(7)
(a)
If the magistrate or judge determines that a financial condition, other than an 
unsecured bond, is necessary to impose as a condition of release, the magistrate or 
judge shall
, when determining the amount of the financial condition, refer to the 
financial condition schedule in Section 
77-20-205.5
 and
 consider the individual's 
risk 
of failing to appear and 
ability to pay
 when determining the amount of the financial 
condition
.
(b)
If the magistrate or judge determines that a financial condition is necessary to impose 
as a condition of release, and a county jail official fixed a financial condition for the 
individual under Section 
77-20-204
, the magistrate or judge may not give any 
deference to:
(i)
the county jail official's action to fix a financial condition; or
(ii)
the amount of the financial condition that the individual was required to pay for 
pretrial release.
(c)
If a magistrate or judge orders a financial condition as a condition of release, the 
judge or magistrate shall set the financial condition at a single amount per case.
(8)
In making a determination about pretrial release, the magistrate or judge may:
(a)
rely upon information contained in:
(i)
the indictment or information;
(ii)
any sworn or probable cause statement or other information provided by law 
enforcement;
(iii)
a pretrial risk assessment;
(iv)
an affidavit of indigency described in Section 
78B-22-201.5
;
(v)
witness statements or testimony;
(vi)
the results of a lethality assessment completed in accordance with Section 
77-36-2.1
; or
(vii)
any other reliable record or source, including proffered evidence; and
(b)
consider:
(i)
the nature and circumstances of the offense, or offenses, that the individual was 
arrested for, or charged with, including:
(A)
whether the offense is a violent offense; and
(B)
the vulnerability of a witness or alleged victim;
(ii)
the nature and circumstances of the individual, including the individual's:
(A)
character;
(B)
physical and mental health;
(C)
family and community ties;
(D)
employment status or history;
(E)
financial resources;
(F)
past criminal conduct;
(G)
history of drug or alcohol abuse; and
(H)
history of timely appearances at required court proceedings;
(iii)
the potential danger to another individual, or individuals, posed by the release of 
the individual;
(iv)
whether the individual was on probation, parole, or release pending an upcoming 
court proceeding at the time the individual allegedly committed the offense or 
offenses;
(v)
the availability of:
(A)
other individuals who agree to assist the individual in attending court when 
required; or
(B)
supervision of the individual in the individual's community;
(vi)
the eligibility and willingness of the individual to participate in various treatment 
programs, including drug treatment; or
(vii)
other evidence relevant to the individual's likelihood of fleeing or violating the 
law if released.
(9)
The magistrate or judge may not base a determination about pretrial release solely:
(a)
on the seriousness or type of offense that the individual is arrested for or charged 
with, unless the individual is arrested for or charged with a capital felony; or
(b)
on an algorithm or a risk assessment tool score.
(10)
If the magistrate or judge issues an order pursuant to Subsection 
77-20-205(3)(a)(iii)
, 
the magistrate or judge shall make sufficiently detailed findings of fact on the risk of 
substantial danger or flight from the court's jurisdiction to enable a reviewing court to 
ensure that the magistrate's or judge's determination reasonably considered all of the 
evidence presented to the court.
(10)
(11)
An individual arrested for violation of a jail release agreement, or a jail release 
court order, issued in accordance with Section 
78B-7-802
:
(a)
may not be released before the individual's first appearance before a magistrate or 
judge; and
(b)
may be denied pretrial release by the magistrate or judge.
Section 7, Section 
77-20-205.5
 is enacted to read:
77-20-205.5
. Financial condition schedule.
(1)
For a felony, the default amount for a financial condition is:
(a)
$25,000 for a first degree felony with a minimum mandatory sentence;
(b)
$20,000 for a first degree felony without a minimum mandatory sentence;
(c)
$10,000 for a second degree felony; and
(d)
$5,000 for a third degree felony.
(2)
For a misdemeanor or infraction other than a local ordinance, the default amount for a 
financial condition is:
(a)
$2,000 for a class A misdemeanor;
(b)
$700 for a class B misdemeanor;
(c)
$350 for a class C misdemeanor; and
(d)
$130 for an infraction.
(3)
For a violation of a local ordinance, the default amount for a financial condition is:
(a)
$150 for a class B violation;
(b)
$80 for a class C violation; and
(c)
$25 for an infraction.
Section 8, Section 
77-20-206
 is amended to read:
77-20-206
. Motion for pretrial detention -- Pretrial detention hearing -- 
Requirements for no bail holds.
(1)
(a)
If the criminal charges filed against an individual include one or more offenses 
eligible for detention under Subsection 
77-20-201(1)
 or 
Utah Constitution, Article I, 
Section 8
, the prosecuting attorney may make a motion for pretrial detention.
(b)
A prosecuting attorney shall not omit from the prosecuting attorney's motion for 
pretrial detention any material information that is known to the prosecuting attorney 
to be favorable to the individual.
(c)
The motion for pretrial detention may include proposed factual findings for the court 
to adopt.
(b)
(d)
Upon receiving a motion for pretrial detention under Subsection 
(1)(a)
, the 
judge shall set a pretrial detention hearing in accordance with Subsection 
(2)
.
(2)
(a)
If a pretrial status order is not issued at an individual's first appearance and the 
individual remains detained, a pretrial detention hearing shall be held at the next 
available court hearing that is:
(a)
(i)
no sooner than seven days from the day on which the defendant was arrested; 
and
(b)
(ii)
no later than fourteen days from the day on which the defendant was arrested.
(b)
A judge who is unable to hold a detention hearing within 14 days of the date of an 
individual's first appearance shall make a good faith effort to identify another judge 
who has the ability to conduct the detention hearing within 14 days of the date of the 
individual's first appearance.
(3)
(a)
An individual, who is the subject of a pretrial detention hearing, has the right to be 
represented by counsel at the pretrial detention hearing.
(b)
If a judge finds the individual is indigent under Section 
78B-22-202
, the judge shall 
appoint counsel to represent the individual in accordance with Section 
78B-22-203
.
(4)
At the pretrial detention hearing:
(a)
the judge shall give both parties the opportunity to make arguments and to present 
relevant evidence or information;
(b)
the prosecuting attorney and the defendant have a right to subpoena witnesses to 
testify; and
(c)
the judge shall issue a pretrial status order in accordance with Subsection 
(5)
 and 
Section 
77-20-205
.
(5)
After hearing evidence on a motion for pretrial detention, and based on the totality of 
the circumstances, a judge may order detention if:
(a)
the individual is accused of committing an offense that qualifies for detention of the 
individual under Subsection 
77-20-201(1)
 or 
Utah Constitution, Article I, Section 8
; 
and
(b)
the prosecuting attorney demonstrates substantial evidence to support the charge, and 
meets all additional evidentiary burdens required under Subsection 
77-20-201(1)
 or 
Utah Constitution, Article I, Section 8.
(6)
An alleged victim has the right to be heard at a pretrial detention hearing on a motion 
for pretrial detention.
(7)
If a defendant seeks to subpoena an alleged victim who did not willingly testify at the 
pretrial detention hearing, a defendant may issue a subpoena, at the conclusion of the 
pretrial detention hearing, compelling the alleged victim to testify at a subsequent 
hearing only if the judge finds that the testimony sought by the subpoena:
(a)
is material to the substantial evidence or clear and convincing evidence 
determinations described in Section 
77-20-201
 in light of all information presented to 
the court; and
(b)
would not unnecessarily intrude on the rights of the victim or place an undue burden 
on the victim.
Section 9, Section 
77-20-207
 is amended to read:
77-20-207
. Modification of pretrial status order -- Failure to appear.
(1)
A party may move to modify a pretrial status order:
(a)
at any time after a pretrial status order is issued; and
(b)
only upon a showing that there has been a material change in circumstances.
(2)
(a)
Notwithstanding Subsection 
(1)
, a defendant may move to modify a pretrial status 
order if:
(i)
the magistrate or judge imposed a financial condition as a condition of release in 
the pretrial status order; and
(ii)
the defendant is unable to pay the financial condition within seven days after the 
day on which the pretrial status order is issued.
(b)
For a motion under Subsection 
(2)(a)
, there is a rebuttable presumption that the 
defendant does not have the ability to pay the financial condition.
(3)
(a)
If a party makes a motion to modify the pretrial status order, the party shall 
provide notice to the opposing party sufficient to permit the opposing party to prepare 
for a hearing and to permit each alleged victim to be notified and be present.
(b)
A hearing on a motion to modify a pretrial status order may be held in conjunction 
with a preliminary hearing or any other pretrial hearing.
(4)
In ruling upon a motion to modify a pretrial status order, the judge may:
(a)
rely on information as provided in Subsection 
77-20-205(8)
;
(b)
base the judge's ruling on evidence provided at the hearing so long as each party is 
provided an opportunity to present additional evidence or information relevant to 
pretrial release; and
(c)
(i)
for a motion to modify a pretrial status order under Subsection 
(1)
, modify the 
pretrial status order, including the conditions of release, upon a finding that there 
has been a material change in circumstances; or
(ii)
for a motion to modify a pretrial status order under Subsection 
(2)
, modify the 
pretrial status order by reducing the amount of the financial condition or imposing 
nonfinancial conditions of release upon a finding that the defendant is unable to 
pay the amount of the financial condition in the pretrial status order.
(5)
In modifying a pretrial status order upon a motion by a party or on the court's own 
motion, the court shall consider whether imposing a bail bond as a condition of release 
in a modified pretrial status order will increase the likelihood of the defendant's 
appearance when:
(a)
the defendant was previously released on the defendant's own recognizance or on 
nonfinancial conditions;
(b)
the defendant willfully failed to appear at a required court appearance or has failed to 
appear at a required court appearance more than once; and
(c)
a bench warrant was issued.
(6)
A court may not modify a pretrial status order to a no bail hold solely on the basis of a 
failure to appear.
(6)
(7)
Subsections 
77-20-205(3)
 through 
(10)
(11)
 apply to a determination about pretrial 
release in a modified pretrial status order.
Section 10, Section 
77-27-5
 is amended to read:
77-27-5
. Board of Pardons and Parole authority.
(1)
(a)
Subject to this chapter and other laws of the state, and except for a conviction for 
treason or impeachment, the board shall determine by majority decision when and 
under what conditions an offender's conviction may be pardoned or commuted.
(b)
The board shall determine by majority decision when and under what conditions an 
offender committed to serve a sentence at a penal or correctional facility, which is 
under the jurisdiction of the department, may:
(i)
be released upon parole;
(ii)
have a fine or forfeiture remitted;
(iii)
have the offender's criminal accounts receivable remitted in accordance with 
Section 
77-32b-105
 or 
77-32b-106
;
(iv)
have the offender's payment schedule modified in accordance with Section 
77-32b-103
; or
(v)
have the offender's sentence terminated.
(c)
The board shall prioritize public safety when making a determination under 
Subsection (1)(a) or (1)(b).
(d)
(i)
The board may sit together or in panels to conduct hearings.
(ii)
The chair shall appoint members to the panels in any combination and in 
accordance with rules made by the board in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act.
(iii)
The chair may participate on any panel and when doing so is chair of the panel.
(iv)
The chair of the board may designate the chair for any other panel.
(e)
(i)
Except after a hearing before the board, or the board's appointed examiner, in 
an open session, the board may not:
(A)
remit a fine or forfeiture for an offender or the offender's criminal accounts 
receivable;
(B)
release the offender on parole; or
(C)
commute, pardon, or terminate an offender's sentence.
(ii)
An action taken under this Subsection (1) other than by a majority of the board 
shall be affirmed by a majority of the board.
(f)
A commutation or pardon may be granted only after a full hearing before the board.
(2)
(a)
In the case of a hearing, timely prior notice of the time and location of the hearing 
shall be given to the offender.
(b)
The county or district attorney's office responsible for prosecution of the case, the 
sentencing court, and law enforcement officials responsible for the defendant's arrest 
and conviction shall be notified of any board hearings through the board's website.
(c)
Whenever possible, the victim or the victim's representative, if designated, shall be 
notified of original hearings and any hearing after that if notification is requested and 
current contact information has been provided to the board.
(d)
(i)
Notice to the victim or the victim's representative shall include information 
provided in Section 
77-27-9.5
, and any related rules made by the board under that 
section.
(ii)
The information under Subsection (2)(d)(i) shall be provided in terms that are 
reasonable for the lay person to understand.
(3)
(a)
A decision by the board is final and not subject for judicial review if the decision 
is regarding:
(i)
a pardon, parole, commutation, or termination of an offender's sentence;
(ii)
restitution, 
the modification of an offender's payment schedule for restitution
, or 
an order for costs
; or
(iii)
the remission of an offender's criminal accounts receivable or a fine or forfeiture.
(b)
Deliberative processes are not public and the board is exempt from Title 52, Chapter 
4, Open and Public Meetings Act, when the board is engaged in the board's 
deliberative process.
(c)
Pursuant to Subsection 
63G-2-103
(25)(b)(xi), records of the deliberative process are 
exempt from Title 63G, Chapter 2, Government Records Access and Management 
Act.
(d)
Unless it will interfere with a constitutional right, deliberative processes are not 
subject to disclosure, including discovery.
(e)
Nothing in this section prevents the obtaining or enforcement of a civil judgment.
(4)
(a)
This chapter may not be construed as a denial of or limitation of the governor's 
power to grant respite or reprieves in all cases of convictions for offenses against the 
state, except treason or conviction on impeachment.
(b)
Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the 
next session of the board.
(c)
At the next session of the board, the board:
(i)
shall continue or terminate the respite or reprieve; or
(ii)
may commute the punishment or pardon the offense as provided.
(d)
In the case of conviction for treason, the governor may suspend execution of the 
sentence until the case is reported to the Legislature at the Legislature's next session.
(e)
The Legislature shall pardon or commute the sentence or direct the sentence's 
execution.
(5)
(a)
In determining when, where, and under what conditions an offender serving a 
sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the 
offender's criminal accounts receivable remitted, or have the offender's sentence 
commuted or terminated, the board shall:
(i)
consider whether the offender has made restitution ordered by the court under 
Section 
77-38b-205
, or is prepared to pay restitution as a condition of any parole, 
pardon, remission of a criminal accounts receivable or a fine or forfeiture, or a 
commutation or termination of the offender's sentence;
(ii)
except as provided in Subsection (5)(b), develop and use a list of criteria for 
making determinations under this Subsection (5);
(iii)
consider information provided by the department regarding an offender's 
individual case action plan; and
(iv)
review an offender's status within 60 days after the day on which the board 
receives notice from the department that the offender has completed all of the 
offender's case action plan components that relate to activities that can be 
accomplished while the offender is imprisoned.
(b)
The board shall determine whether to remit an offender's criminal accounts 
receivable under this Subsection (5) in accordance with Section 
77-32b-105
 or 
77-32b-106
.
(6)
In determining whether parole may be terminated, the board shall consider:
(a)
the offense committed by the parolee; and
(b)
the parole period under Section 
76-3-202
, and in accordance with Section 
77-27-13
.
(7)
For an offender placed on parole after December 31, 2018, the board shall terminate 
parole in accordance with the 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.
(8)
The board may not rely solely on an algorithm or a risk assessment tool score in 
determining whether parole should be granted or terminated for an offender.
(9)
The board may intervene as a limited-purpose party in a judicial or administrative 
proceeding, including a criminal action, to seek:
(a)
correction of an order that has or will impact the board's jurisdiction; or
(b)
clarification regarding an order that may impact the board's jurisdiction.
(10)
A motion to intervene brought under Subsection 
(8)(a)
(9)(a)
 shall be raised within 60 
days after the day on which a court enters the order that impacts the board's jurisdiction.
Section 11, Section 
77-27-6.1
 is amended to read:
77-27-6.1
. Payment of a criminal accounts receivable -- Failure to enter an order 
for restitution or create a criminal accounts receivable -- Modification of a criminal 
accounts receivable -- Order for recovery of costs or pecuniary damages.
(1)
For an offender sentenced on or after July 1, 2021:
(a)
When
when
 an offender is committed to prison, the board may require the offender 
to pay the offender's criminal accounts receivable ordered by the court during the 
period of incarceration or parole supervision
.
;
(2)
(b)
If
if
 the board orders the release of an offender on parole and there is an unpaid 
balance on the offender's criminal accounts receivable, the board may modify the 
payment schedule entered by the court for the offender's criminal accounts receivable 
in accordance with Section 
77-32b-105
.
;
(3)
(c)
(a)
(i)
If
if
 the sentencing court has not entered an order of restitution for an 
offender who is under the jurisdiction of the board, the board shall refer the 
offender's case to the sentencing court, within the time periods described in 
Section 
77-38b-205
, to enter an order for restitution for the offender in accordance 
with Section 
77-38b-205
.
; and
(b)
(ii)
If
if
 the sentencing court has not entered an order to establish a criminal 
accounts receivable for an offender who is under the jurisdiction of the board, the 
board shall refer the offender's case to the sentencing court, within the time 
periods described in Section 
77-38b-205
, to enter an order to establish a criminal 
accounts receivable for the offender in accordance with Section 
77-32b-103
.
; and
(4)
(d)
(a)
(i)
If
if
 there is a challenge to an offender's criminal accounts receivable, 
the board shall refer the offender's case to the sentencing court, within the time 
periods described in Section 
77-38b-205
, to resolve the challenge to the criminal 
accounts receivable
.
; and
(b)
(ii)
If
if
 a sentencing court modifies a criminal accounts receivable after the 
offender is committed to prison, the sentencing court shall provide notice to the 
board of the modification.
(2)
For an offender sentenced before July 1, 2021:
(a)
the board may impose any court order for restitution;
(b)
the board may order that a defendant make restitution for pecuniary damages that 
were not determined by the court, unless the board determines that restitution is 
inappropriate based upon application of the following criteria:
(i)
if the offense resulted in damage to or loss or destruction of property of a victim of 
the offense, the cost of the damage or loss;
(ii)
the cost of necessary medical and related professional services and devices 
relating to physical or mental health care, including nonmedical care and 
treatment rendered in accordance with a method of healing recognized by the law 
of the place of treatment;
(iii)
the cost of necessary physical and occupational therapy and rehabilitation;
(iv)
the income lost by the victim as a result of the offense;
(v)
the individual victim's reasonable determinable wages lost due to theft of or 
damage to tools or equipment items of a trade that were owned by the victim and 
were essential to the victim's current employment at the time of the offense;
(vi)
the cost of necessary funeral and related services if the offense resulted in the 
death of a victim; and
(vii)
expenses incurred by a victim in implementing reasonable security measures in 
response to the offense;
(c)
except as provided in Subsection (2)(d), the board shall make all orders of restitution 
within 60 days after the termination or expiration of the defendant's sentence;
(d)
if, upon termination or expiration of a defendant's sentence, the board has continuing 
jurisdiction over the defendant for a separate criminal offense, the board may defer 
making an order of restitution until 60 days after termination or expiration of all 
sentences for that defendant;
(e)
if, upon termination or expiration of a defendant's sentence, the defendant owes 
outstanding fines, restitution, or other assessed costs, or if the board makes an order 
of restitution within 60 days after the termination or expiration of the defendant's 
sentence:
(i)
the matter shall be referred to the district court for civil collection remedies;
(ii)
the Board of Pardons and Parole shall forward a restitution order to the 
sentencing court to be entered on the judgment docket as a civil judgment of 
restitution; and
(iii)
the judgment docket entry shall constitute a lien and is subject to the same rules 
as a judgment for money in a civil judgment; and
(f)
if the board makes an order of restitution within 60 days after termination or 
expiration of the defendant's sentence, a defendant shall have 90 days after the board 
makes the order to file a petition for remittance in accordance with Section 
77-32b-106
;
(i)
if a defendant timely files a petition for remittance, the board shall forward any 
unpaid amount of the restitution to the trial court to be entered on the judgment 
docket as a civil judgment of restitution within 30 days of resolving the 
defendant's petition; and
(ii)
if the defendant does not timely file a petition for remittance, the board shall 
forward the unpaid amount of restitution to the trial court to be entered on the 
judgment docket as a civil judgment of restitution within 30 days of the expiration 
of the time for the defendant to file the petition.
(5)
(3)
The board may enter an order to recover any cost 
or fee 
incurred by the department, 
or the state or any other agency, arising out of the offender's needs or conduct.
Section 12, Section 
77-32b-103
 is amended to read:
77-32b-103
. Establishment of a criminal accounts receivable -- Responsibility -- 
Payment schedule -- Delinquency or default.
(1)
(a)
Except as provided in Subsection (1)(b) and (c), at the time of sentencing or 
acceptance of a plea in abeyance, the court shall enter an order to establish a criminal 
accounts receivable for the defendant.
(b)
The court is not required to create a criminal accounts receivable for the defendant 
under Subsection (1)(a) if the court finds that the defendant does not owe restitution 
and there are no other fines or fees to be assessed against the defendant.
(c)
If the court does not create a criminal accounts receivable for a defendant under 
Subsection (1)(a), the court shall enter an order to establish a criminal accounts 
receivable for the defendant at the time the court enters an order for restitution under 
Section 
77-38b-205
.
(2)
After
Except as provided in Subsection 
(7)
, after
 establishing a criminal accounts 
receivable for a defendant, the court shall:
(a)
if a prison sentence is imposed and not suspended for the defendant:
(i)
accept any payment for the criminal accounts receivable that is tendered on the 
date of sentencing; and
(ii)
transfer the responsibility of receiving, distributing, and processing payments for 
the criminal accounts receivable to the Office of State Debt Collection; and
(b)
for all other cases:
(i)
retain the responsibility for receiving, processing, and distributing payments for 
the criminal accounts receivable until the court enters a civil accounts receivable 
or civil judgment of restitution on the civil judgment docket under Subsection 
77-18-114
(1) or (2); and
(ii)
record each payment by the defendant on the case docket.
(c)
For a criminal accounts receivable that a court retains responsibility for receiving, 
processing, and distributing payments under Subsection (2)(b)(i), the Judicial Council 
may establish rules to require a defendant to pay the cost, or a portion of the cost, for 
an electronic payment fee that is charged by a financial institution for the use of a 
credit or debit card to make payments towards the criminal accounts receivable.
(3)
(a)
Upon entering an order for a criminal accounts receivable, the court shall establish 
a payment schedule for the defendant to make payments towards the criminal 
accounts receivable.
(b)
In establishing the payment schedule for the defendant, the court shall consider:
(i)
the needs of the victim if the criminal accounts receivable includes an order for 
restitution under Section 
77-38b-205
;
(ii)
the financial resources of the defendant, as disclosed in the financial declaration 
under Section 
77-38b-204
 or in evidence obtained by subpoena under Subsection 
77-38b-402
(1)(b);
(iii)
the burden that the payment schedule will impose on the defendant regarding the 
other reasonable obligations of the defendant;
(iv)
the ability of the defendant to pay restitution on an installment basis or on other 
conditions fixed by the court;
(v)
the rehabilitative effect on the defendant of the payment of restitution and method 
of payment; and
(vi)
any other circumstance that the court determines is relevant.
(c)
If the court is unable to determine the appropriate amount for the payment schedule 
or does not set an amount for the payment schedule, the defendant is required to pay 
$50 per month toward the criminal accounts receivable.
(4)
A payment schedule for a criminal accounts receivable does not limit the ability of a 
judgment creditor to pursue collection by any means allowable by law.
(5)
If the court orders restitution under Section 
77-38b-205
, or makes another financial 
decision, after sentencing that increases the total amount owed in a defendant's case, the 
defendant's criminal accounts receivable balance shall be adjusted to include any new 
amount ordered by the court.
(6)
(a)
If a defendant is incarcerated in a county jail or a secure correctional facility, as 
defined in Section 
64-13-1
, or the defendant is involuntarily committed under Section 
26B-5-332
:
(i)
all payments for a payment schedule shall be suspended for the period of time that 
the defendant is incarcerated or involuntarily committed, unless the court, or the 
board if the defendant is under the jurisdiction of the board, expressly orders the 
defendant to make payments according to the payment schedule; and
(ii)
the defendant shall provide the court with notice of the incarceration or 
involuntary commitment.
(b)
A suspension under Subsection (6)(a) shall remain in place for 60 days after the day 
in which the defendant is released from incarceration or commitment.
(7)
(a)
If the defendant owes restitution to the Department of Workforce Services or 
Department of Health and Human Services, the court may order that all or a portion 
of criminal accounts receivable be paid directly to the governmental agency or entity.
(b)
If the authority to collect all or a portion of the criminal accounts receivable is given 
to a governmental agency or entity under this Subsection 
(7)
, the governmental 
agency or entity shall maintain an accounting of all payments made or credits toward 
reduction of the balance of the criminal accounts receivable.
(c)
The governmental entity or agency shall provide a copy of the accounting upon filing 
an order to show cause in the criminal case to the court or upon request to the court, 
Board of Pardons and Parole, Department of Corrections, private probation provider, 
prosecutor, defendant, or other victim.
Section 13, Section 
77-38b-202
 is amended to read:
77-38b-202
. Prosecuting attorney responsibility for collecting restitution 
information -- Depositing restitution on behalf of victim.
(1)
If a prosecuting attorney files a criminal charge against a defendant, the prosecuting 
attorney shall:
(a)
contact any known victim of the offense for which the criminal charge is filed, or 
person asserting a claim for restitution on behalf of the victim; and
(b)
gather the following information from the victim or person:
(i)
the name of the victim or person; and
(ii)
the actual or estimated amount of restitution.
(2)
(a)
When a conviction, a diversion agreement, or a plea in abeyance is entered by the 
court, the prosecuting attorney shall provide the court with the information gathered 
by the prosecuting attorney under Subsection (1)(b).
(b)
If, at the time of the plea disposition or conviction, the prosecuting attorney does not 
have all the information under Subsection (1)(b), the prosecuting attorney shall 
provide the defendant with:
(i)
at the time of plea disposition or conviction, all information under Subsection 
(1)(b) that is reasonably available to the prosecuting attorney; and
(ii)
any information under Subsection (1)(b) as the information becomes available to 
the prosecuting attorney.
(c)
Nothing in this section shall be construed to prevent a prosecuting attorney, a victim, 
or a person asserting a claim for restitution on behalf of a victim from:
(i)
submitting information on, or a request for, restitution to the court within the time 
periods described in Section 
77-38b-205
; or
(ii)
submitting information on, or a request for, restitution for additional or 
substituted victims within the time periods described in Section 
77-38b-205
.
(3)
(a)
The prosecuting attorney may be authorized by the 
sentencing court or 
appropriate 
public treasurer to deposit restitution collected on behalf of a victim into an 
interest-bearing account in accordance with Title 51, Chapter 7, State Money 
Management Act, pending the distribution of the funds to the victim.
(b)
If restitution is deposited into an interest-bearing account under Subsection (3)(a), 
the prosecuting attorney shall:
(i)
distribute any interest that accrues in the account to each victim on a pro rata 
basis; and
(ii)
if all victims have been made whole and funds remain in the account, distribute 
any remaining funds to the Division of Finance, created in Section 
63A-3-101
, to 
deposit to the Utah Office for Victims of Crime.
(c)
Nothing in this section prevents an independent judicial authority from collecting, 
holding, and distributing restitution.
Section 14, Section 
77-38b-301
 is amended to read:
77-38b-301
. Entry of a civil judgment of restitution and civil accounts receivable 
-- Continuation of the criminal action -- Interest -- Delinquency.
(1)
As used in this section, "civil judgment" means an order for:
(a)
a civil judgment of restitution; or
(b)
a civil accounts receivable.
(2)
If the court has entered a civil judgment on the civil judgment docket under Section 
77-18-114
, the civil judgment is enforceable under the Utah Rules of Civil Procedure.
(3)
(a)
Notwithstanding Sections 
77-18-114
, 
78B-2-311
, and 
78B-5-202
, a civil judgment 
shall expire only upon payment in full, including any applicable interest, collection 
fees, attorney fees, and liens that directly result from the civil judgment.
(b)
Interest on a civil judgment may only accrue from the day on which the civil 
judgment is entered on the civil judgment docket by the court.
(c)
This Subsection 
(3)
 applies to all civil judgments that are not paid in full on or before 
May 12, 2009.
(4)
A civil judgment is considered entered on the civil judgment docket when the civil 
judgment appears on the 
civil judgment
court
 docket with:
(a)
an amount owed by the defendant;
(b)
the name of the defendant as the judgment debtor; and
(c)
the name of the judgment creditors described in Subsections 
77-18-114(1)(b)(iii)
 and 
(2)(b)
.
(5)
If a civil judgment becomes delinquent, or is in default, and upon a motion from a 
judgment creditor, the court may order the defendant to appear and show cause why the 
defendant should not be held in contempt under Section 
78B-6-317
 for the delinquency 
or the default.
(6)
Notwithstanding any other provision of law:
(a)
a civil judgment is an obligation that arises out of a defendant's criminal case;
(b)
a civil judgment is criminal in nature;
(c)
the civil enforcement of a civil judgment shall be construed as a continuation of the 
criminal action for which the civil judgment arises; and
(d)
the civil enforcement of a civil judgment does not divest a defendant of an obligation 
imposed as part of the defendant's punishment in a criminal action.
Section 15, Section 
78A-2-214
 is amended to read:
78A-2-214
. Collection of accounts receivable.
(1)
As used in this section:
(a)
"Accounts receivable" means any amount due the state from an entity for which 
payment has not been received by the state agency that is servicing the debt.
(b)
"Accounts receivable" includes unpaid fees, licenses, taxes, loans, overpayments, 
fines, forfeitures, surcharges, costs, contracts, interest, penalties, restitution to 
victims, third party claims, sale of goods, sale of services, claims, and damages.
(2)
If a defendant is sentenced before July 1, 2021, and the Department of Corrections, or 
the Office of State Debt Collection, is not responsible for collecting an accounts 
receivable for the defendant, the district court shall collect the accounts receivable for 
the defendant.
(3)
(a)
In the juvenile court, money collected by the court from past-due accounts 
receivable may be used to offset system, administrative, legal, and other costs of 
collection.
(b)
The juvenile court shall allocate money collected above the cost of collection on a 
pro rata basis to the various revenue types that generated the accounts receivable.
(4)
The interest charge described in Subsection 
63A-3-502
(4)(g)(iii)
63A-3-502(4)(g)(iii)(B)
 may not be assessed on an account receivable 
that is 
subject to 
the postjudgment interest rate established by Section 
15-1-4
.
Section 16, Section 
80-6-507
 is amended to read:
80-6-507
. Commitment of a minor by a district court.
(1)
(a)
If the district court determines that probation is not appropriate and commitment 
to prison is an appropriate sentence when sentencing a minor:
(i)
the district court shall order the minor committed to prison; and
(ii)
the minor shall be provisionally housed in a secure care facility until the minor 
reaches 25 years old, unless released earlier from incarceration by the Board of 
Pardons and Parole.
(b)
Subsection 
(1)
 applies to any minor being provisionally housed in a secure care 
facility as described in Subsection 
(1)(a)
 on or after May 4, 2022.
(c)
The district court shall, as a part of sentencing, order the minor to make restitution in 
accordance with Title 77, Chapter 38b, Crime Victims Restitution Act.
(2)
(a)
The division shall adopt procedures by rule, in accordance with 
Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act
, regarding the transfer of a minor 
provisionally housed in a secure care facility under Subsection 
(1)
 to the physical 
custody of the Department of Corrections.
(b)
If, in accordance with the rules adopted under Subsection 
(2)(a)
, the division 
determines that housing the minor in a secure care facility presents an unreasonable 
risk to others or that it is not in the best interest of the minor, the division shall 
transfer the physical custody of the minor to the Department of Corrections.
(3)
(a)
When a minor is committed to prison but provisionally housed in a secure care 
facility under this section, the district court and the division shall immediately notify 
the Board of Pardons and Parole so that the minor may be scheduled for a hearing 
according to board procedures.
(b)
If a minor who is provisionally housed in a secure care facility under this section has 
not been paroled or otherwise released from incarceration by the time the minor 
reaches 25 years old, the division shall as soon as reasonably possible, but not later 
than when the minor reaches 25 years and 6 months old, transfer the minor to the 
physical custody of the Department of Corrections.
(4)
Upon the commitment of a minor to the custody of the division or the Department of 
Corrections under this section, the Board of Pardons and Parole has authority over the 
minor for purposes of parole, pardon, commutation, termination of sentence, remission 
of 
restitution, 
fines or forfeitures, 
orders of restitution, 
and all other purposes 
authorized by law.
(5)
The authority shall:
(a)
hold hearings, receive reports, or otherwise keep informed of the progress of a minor 
in the custody of the division under this section; and
(b)
forward to the Board of Pardons and Parole any information or recommendations 
concerning the minor.
(6)
Commitment of a minor under this section is a prison commitment for all sentencing 
purposes.
Section 17. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
Section 18. 
Coordinating H.B. 562 with H.B. 312
If H.B. 562, Law Enforcement and Criminal Justice Amendments, and H.B. 312, 
Criminal Justice Amendments, both pass and become law, the Legislature intends that, on 
September 1, 2025, the changes to Section 
17-22-5.6
 in H.B. 562 supersede the changes to 
Section 
17-22-5.6
 in H.B. 312.
3-12-25 4:08 PM