Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 74 (2025GS)

Sponsor

Sen. Owens, Derrin R.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends which individuals in the custody of the Department of Corrections (the department) may petition to have a sex designation change on a birth certificate;
• prohibits an individual in the custody of the department from filing a petition in district court to legally change the individual's name;
• includes individuals on parole on the list of individuals to whom a government entity is not required to respond regarding certain records requests;
• clarifies that the department may independently investigate criminal allegations against:
• individuals in the custody of the department; and
• subject to certain limitations, employees of the department;
• amends the prison telephone surcharge account to allow revenue generated from offenders using department tablets and other electronic devices to be placed in the account;
• amends provisions regarding the substances administered by the department when carrying out a judgment of death by lethal intravenous injection;
• requires an individual on probation or parole who is required to undergo drug testing as a condition of probation or parole to sign a waiver allowing the provider undertaking the testing to notify the individual's supervising officer regarding the results of the testing; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

32
26B-8-111
42-1-1
63G-2-201
64-13-6
64-13-42
77-18-105
77-19-10
77-27-10
Corrections Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
House Sponsor: Melissa G. Ballard
LONG TITLE
General Description:
This bill amends provisions related to corrections.
Highlighted Provisions:
This bill:
amends which individuals in the custody of the Department of Corrections (the 
department) may petition to have a sex designation change on a birth certificate;
prohibits an individual in the custody of the department from filing a petition in district 
court to legally change the individual's name;
includes individuals on parole on the list of individuals to whom a government entity is 
not required to respond regarding certain records requests;
clarifies that the department may independently investigate criminal allegations against:
individuals in the custody of the department; and
subject to certain limitations, employees of the department;
amends the prison telephone surcharge account to allow revenue generated from 
offenders using department tablets and other electronic devices to be placed in the 
account;
amends provisions regarding the substances administered by the department when 
carrying out a judgment of death by lethal intravenous injection; 
requires an individual on probation or parole who is required to undergo drug testing as a 
condition of probation or parole to sign a waiver allowing the provider undertaking the 
testing to notify the individual's supervising officer regarding the results of the testing; 
and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-8-111
, as last amended by Laws of Utah 2024, Chapter 296
42-1-1
, as last amended by Laws of Utah 2024, Chapter 296
63G-2-201
, as last amended by Laws of Utah 2023, Chapters 173, 516
64-13-6
, as last amended by Laws of Utah 2024, Chapters 144, 208
64-13-42
, as last amended by Laws of Utah 2024, Chapter 144
77-18-105
, as last amended by Laws of Utah 2024, Chapters 187, 208
77-19-10
, as last amended by Laws of Utah 2021, Chapter 260
77-27-10
, as last amended by Laws of Utah 2024, Chapter 208
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-8-111
 is amended to read:
26B-8-111. Birth certificate name or sex designation change -- Registration of 
court order and amendment of birth certificate.
(1)
An individual may obtain a court order in accordance with Title 42, Names, to change 
the name on the individual's birth certificate.
(2)
(a)
A court may grant a petition ordering a sex designation change on a birth 
certificate if the court determines by clear and convincing evidence that the 
individual seeking the sex designation change:
(i)
is not involved in any kind of lawsuit;
(ii)
is not 
on probation or parole
an offender as defined in Section 
64-13-1
;
(iii)
is not seeking the amendment:
(A)
to commit a crime;
(B)
to interfere with the rights of others;
(C)
to avoid creditors;
(D)
to influence the sentence, fine, or conditions of imprisonment in a criminal 
case;
(E)
to commit fraud on the public; or
(F)
for any other fraudulent purpose;
(iv)
has transitioned from the sex designation of the biological sex at birth to the sex 
sought in the petition;
(v)
has outwardly expressed as the sex sought in the petition in a consistent and 
uniform manner for at least six months; and
(vi)
suffers from clinically significant distress or impairment due to the current sex 
designation on the birth certificate.
(b)
The court shall consider the following when making the determination described in 
Subsection (2)(a)(iv):
(i)
evidence of medical history, care, or treatment related to sex transitioning; and
(ii)
evidence that the sex sought in the petition is sincerely held and part of the 
individual's core identity.
(c)
(i)
An individual petitioning for a sex designation change under this section shall 
indicate on the petition whether the individual is registered with the state's Sex 
and Kidnap Offender Registry.
(ii)
Based on the disclosure described in Subsection (2)(c)(i), the court may request 
additional information from an individual who is registered with the state's Sex 
and Kidnap Offender Registry to determine whether to grant a petition under this 
section.
(3)
(a)
(i)
When determining whether to grant a sex designation change for a child who 
is at least 15 years and six months old, unless the child is emancipated, the court 
shall appoint, notwithstanding Subsection 
78A-2-703
(1), a guardian ad litem for 
the child.
(ii)
Notwithstanding Subsection 
78A-2-703
(7), the child's parent or guardian is 
responsible for the costs of the guardian ad litem's services unless the court 
determines the parent or guardian is indigent in accordance with Section 
78A-2-302
.
(b)
The guardian ad litem shall provide the court relevant evidence, whether submitted 
by the child or other sources of evidence, regarding the following:
(i)
whether the child is capable of making decisions with long-term consequences 
independently of the child's parent or guardian;
(ii)
whether the child is mature and capable of appreciating the implications of the 
decision to change the sex designation on the child's birth certificate; and
(iii)
whether the child meets the other requirements of this section.
(c)
The guardian of a child described in Subsection (3)(a) shall:
(i)
give notice of the proceeding to any known parent of the child; and
(ii)
provide the court with a declaration of the status of any divorce or custody matter 
pertaining to the child, including the case name, case number, court, judge, and 
current status of the case.
(d)
The court shall:
(i)
consider any objection given by a parent;
(ii)
close the hearing on a petition for a sex designation change;
(iii)
receive all evidence; and
(iv)
make a determination as to whether:
(A)
all of the requirements of Subsection (2) have been met; and
(B)
the evidence supports a finding by clear and convincing evidence that the sex 
designation change is in the best interest of the child and would not create a 
risk of harm to the minor.
(4)
(a)
A court may not grant a petition for a sex designation change if:
(i)
the birth certificate is for a child who is younger than 15 years and six months old; 
or
(ii)
the child's parent or guardian with legal custody has not given permission.
(b)
An order granting a sex designation change under this section is not effective until 
the individual is at least 16 years old.
(5)
A petition for a sex designation under this section may be combined with a petition 
under Title 42, Names.
(6)
(a)
Upon the receipt of a certified order granting a birth certificate amendment, any 
required application, and an appropriate fee, the department shall issue:
(i)
a birth certificate that does not indicate which fields were amended unless 
requested by the individual; and
(ii)
an amendment history of the birth certificate, including the fields of the birth 
certificate that have been amended and the date of the amendment.
(b)
The department shall retain a record of all amendments to a birth certificate, 
including any amendment history issued by the department.
(7)
The provisions of this section are severable.
(8)
This section only applies to birth certificates issued by the state.
(9)
The provisions of Title 76, Chapter 8, Part 5, Falsification in Official Matters, apply to 
this section when applicable.
Section 2, Section 
42-1-1
 is amended to read:
42-1-1. By petition to district court -- Contents.
(1)
Any
Except as provided in Subsection 
(2)
 and subject to Subsection 
(3)
, any
 natural 
person, desiring to change the natural person's name, may file a petition in the district 
court of the county where the natural person resides, setting forth:
(a)
the cause for which the change of name is sought;
(b)
the name proposed; and
(c)
that the natural person has been a bona fide resident of the county for the year 
immediately prior to the filing of the petition.
(2)
A natural person who is an offender, as that term is defined in Section 
64-13-1
, may not 
file a petition in district court to change the natural person's name.
(2)
(3)
(a)
A natural person petitioning for a name change under this section shall 
indicate on the petition whether the individual is registered with the state's Sex and 
Kidnap Offender Registry.
(b)
The court may request additional information from a natural person who is registered 
with the state's Sex and Kidnap Offender Registry to make the determination 
described in Subsection 
77-41-105
(8).
(3)
(4)
The provisions of Title 76, Chapter 8, Part 5, Falsification in Official Matters, 
apply to this section when applicable.
Section 3, Section 
63G-2-201
 is amended to read:
63G-2-201. Provisions relating to records -- Public records -- Private, controlled, 
protected, and other restricted records -- Disclosure and nondisclosure of records -- 
Certified copy of record -- Limits on obligation to respond to record request.
(1)
(a)
Except as provided in Subsection 
(1)(b)
, a person has the right to inspect a public 
record free of charge, and the right to take a copy of a public record during normal 
working hours, subject to Sections 
63G-2-203
 and 
63G-2-204
.
(b)
A right under Subsection 
(1)(a)
 does not apply with respect to a record:
(i)
a copy of which the governmental entity has already provided to the person;
(ii)
that is the subject of a records request that the governmental entity is not required 
to fill under Subsection 
(7)(a)(v)
; or
(iii)
(A)
that is accessible only by a computer or other electronic device owned or 
controlled by the governmental entity;
(B)
that is part of an electronic file that also contains a record that is private, 
controlled, or protected; and
(C)
that the governmental entity cannot readily segregate from the part of the 
electronic file that contains a private, controlled, or protected record.
(2)
A record is public unless otherwise expressly provided by statute.
(3)
The following records are not public:
(a)
a record that is private, controlled, or protected under Sections 
63G-2-302
, 
63G-2-303
, 
63G-2-304
, and 
63G-2-305
; and
(b)
a record to which access is restricted pursuant to court rule, another state statute, 
federal statute, or federal regulation, including records for which access is governed 
or restricted as a condition of participation in a state or federal program or for 
receiving state or federal funds.
(4)
Only a record specified in Section 
63G-2-302
, 
63G-2-303
, 
63G-2-304
, or 
63G-2-305
may be classified private, controlled, or protected.
(5)
(a)
A governmental entity may not disclose a record that is private, controlled, or 
protected to any person except as provided in Subsection 
(5)(b)
, Subsection 
(5)(c)
, 
Section 
63G-2-202
, 
63G-2-206
, or 
63G-2-303
.
(b)
A governmental entity may disclose a record that is private under Subsection 
63G-2-302(2)
 or protected under Section 
63G-2-305
 to persons other than those 
specified in Section 
63G-2-202
 or 
63G-2-206
 if the head of a governmental entity, or 
a designee, determines that:
(i)
there is no interest in restricting access to the record; or
(ii)
the interests favoring access are greater than or equal to the interest favoring 
restriction of access.
(c)
In addition to the disclosure under Subsection 
(5)(b)
, a governmental entity may 
disclose a record that is protected under Subsection 
63G-2-305(51)
 if:
(i)
the head of the governmental entity, or a designee, determines that the disclosure:
(A)
is mutually beneficial to:
(I)
the subject of the record;
(II)
the governmental entity; and
(III)
the public; and
(B)
serves a public purpose related to:
(I)
public safety; or
(II)
consumer protection; and
(ii)
the person who receives the record from the governmental entity agrees not to use 
or allow the use of the record for advertising or solicitation purposes.
(6)
A governmental entity shall provide a person with a certified copy of a record if:
(a)
the person requesting the record has a right to inspect it;
(b)
the person identifies the record with reasonable specificity; and
(c)
the person pays the lawful fees.
(7)
(a)
In response to a request, a governmental entity is not required to:
(i)
create a record;
(ii)
compile, format, manipulate, package, summarize, or tailor information;
(iii)
provide a record in a particular format, medium, or program not currently 
maintained by the governmental entity;
(iv)
fulfill a person's records request if the request unreasonably duplicates prior 
records requests from that person;
(v)
fill a person's records request if:
(A)
the record requested is:
(I)
publicly accessible online; or
(II)
included in a public publication or product produced by the governmental 
entity receiving the request; and
(B)
the governmental entity:
(I)
specifies to the person requesting the record where the record is accessible 
online; or
(II)
provides the person requesting the record with the public publication or 
product and specifies where the record can be found in the public 
publication or product; or
(vi)
fulfill a person's records request if:
(A)
the person has been determined under Section 
63G-2-209
 to be a vexatious 
requester;
(B)
the State Records Committee order determining the person to be a vexatious 
requester provides that the governmental entity is not required to fulfill a 
request from the person for a period of time; and
(C)
the period of time described in Subsection 
(7)(a)(vi)(B)
 has not expired.
(b)
A governmental entity shall conduct a reasonable search for a requested record.
(8)
(a)
Although not required to do so, a governmental entity may, upon request from the 
person who submitted the records request, compile, format, manipulate, package, 
summarize, or tailor information or provide a record in a format, medium, or program 
not currently maintained by the governmental entity.
(b)
In determining whether to fulfill a request described in Subsection 
(8)(a)
, a 
governmental entity may consider whether the governmental entity is able to fulfill 
the request without unreasonably interfering with the governmental entity's duties 
and responsibilities.
(c)
A governmental entity may require a person who makes a request under Subsection 
(8)(a)
 to pay the governmental entity, in accordance with Section 
63G-2-203
, for 
providing the information or record as requested.
(9)
(a)
Notwithstanding any other provision of this chapter, and subject to Subsection 
(9)(b)
, a governmental entity is not required to respond to, or provide a record in 
response to, a record request if the request is submitted by or in behalf of an 
individual who is 
on parole or 
confined in a jail or other correctional facility 
following the individual's conviction.
(b)
Subsection 
(9)(a)
 does not apply to:
(i)
the first five record requests submitted to the governmental entity by or in behalf 
of an individual described in Subsection 
(9)(a)
 during any calendar year 
requesting only a record that contains a specific reference to the individual; or
(ii)
a record request that is submitted by an attorney of an individual described in 
Subsection 
(9)(a)
.
(10)
(a)
A governmental entity may allow a person requesting more than 50 pages of 
records to copy the records if:
(i)
the records are contained in files that do not contain records that are exempt from 
disclosure, or the records may be segregated to remove private, protected, or 
controlled information from disclosure; and
(ii)
the governmental entity provides reasonable safeguards to protect the public from 
the potential for loss of a public record.
(b)
If the requirements of Subsection 
(10)(a)
 are met, the governmental entity may:
(i)
provide the requester with the facilities for copying the requested records and 
require that the requester make the copies; or
(ii)
allow the requester to provide the requester's own copying facilities and personnel 
to make the copies at the governmental entity's offices and waive the fees for 
copying the records.
(11)
(a)
A governmental entity that owns an intellectual property right and that offers the 
intellectual property right for sale or license may control by ordinance or policy the 
duplication and distribution of the material based on terms the governmental entity 
considers to be in the public interest.
(b)
Nothing in this chapter shall be construed to limit or impair the rights or protections 
granted to the governmental entity under federal copyright or patent law as a result of 
its ownership of the intellectual property right.
(12)
A governmental entity may not use the physical form, electronic or otherwise, in 
which a record is stored to deny, or unreasonably hinder the rights of a person to inspect 
and receive a copy of a record under this chapter.
(13)
Subject to the requirements of Subsection 
(7)
, a governmental entity shall provide 
access to an electronic copy of a record in lieu of providing access to its paper 
equivalent if:
(a)
the person making the request requests or states a preference for an electronic copy;
(b)
the governmental entity currently maintains the record in an electronic format that is 
reproducible and may be provided without reformatting or conversion; and
(c)
the electronic copy of the record:
(i)
does not disclose other records that are exempt from disclosure; or
(ii)
may be segregated to protect private, protected, or controlled information from 
disclosure without the undue expenditure of public resources or funds.
(14)
In determining whether a record is properly classified as private under Subsection 
63G-2-302(2)(d)
, the governmental entity, State Records Committee, local appeals 
board, or court shall consider and weigh:
(a)
any personal privacy interests, including those in images, that would be affected by 
disclosure of the records in question; and
(b)
any public interests served by disclosure.
Section 4, Section 
64-13-6
 is amended to read:
64-13-6. Department duties.
(1)
The department shall:
(a)
protect the public through institutional care and confinement, and supervision in the 
community of offenders where appropriate;
(b)
implement court-ordered punishment of offenders;
(c)
provide evidence-based and evidence-informed program opportunities for offenders 
designed to reduce offenders' criminogenic and recidivism risks, including 
behavioral, cognitive, educational, and career-readiness program opportunities;
(d)
ensure that offender participation in all program opportunities described in 
Subsection (1)(c) is voluntary;
(e)
where appropriate, utilize offender volunteers as mentors in the program 
opportunities described in Subsection (1)(c);
(f)
provide treatment for sex offenders who are found to be treatable based upon criteria 
developed by the department;
(g)
provide the results of ongoing clinical assessment of sex offenders and objective 
diagnostic testing to sentencing and release authorities;
(h)
manage programs that take into account the needs and interests of victims, where 
reasonable;
(i)
supervise probationers and parolees as directed by statute and implemented by the 
courts and the Board of Pardons and Parole;
(j)
subject to Subsection (3), investigate criminal conduct involving offenders 
incarcerated in a state correctional facility;
(k)
cooperate and exchange information with other state, local, and federal law 
enforcement agencies to achieve greater success in prevention and detection of crime 
and apprehension of criminals;
(l)
implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult 
Offender Supervision;
(m)
establish a case action plan based on appropriate validated risk, needs, and 
responsivity assessments for each offender as follows:
(i)
(A)
if an offender is to be supervised in the community, the department shall 
establish a case action plan for the offender no later than 60 days after the day 
on which the department's community supervision of the offender begins; and
(B)
if the offender is committed to the custody of the department, the department 
shall establish a case action plan for the offender no later than 90 days after the 
day on which the offender is committed to the custody of the department;
(ii)
each case action plan shall:
(A)
integrate an individualized, evidence-based, and evidence-informed treatment 
and program plan with clearly defined completion requirements; and
(B)
require that a case manager will:
(I)
ensure that an assessment of the education level, occupational interests, and 
aptitudes of the inmate has been completed;
(II)
refer the inmate to a higher education student advisor at an institution 
offering programs consistent with the inmate's interests and aptitudes for 
advisement on educational preferences and plans;
(III)
incorporate the inmate's interests, aptitudes, and student advisement into 
an education plan consistent with the guidance provided by the Higher 
Education and Corrections Council created in Section 
53B-35-201
; and
(IV)
refer the inmate to the student advisor at the institution called for in the 
case action plan for guidance and assistance with the education process;
(iii)
the department shall share each newly established case action plan with the 
sentencing and release authority within 30 days after the day on which the case 
action plan is established; and
(iv)
the department shall share any changes to a case action plan, including any 
change in an offender's risk assessment, with the sentencing and release authority 
within 30 days after the day of the change;
(n)
ensure that an inmate has reasonable access to legal research;
(o)
ensure that any training or certification required of a public official or public 
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 
63G, Chapter 22, State Training and Certification Requirements, if the training or 
certification is required:
(i)
under this title;
(ii)
by the department; or
(iii)
by an agency or division within the department;
(p)
when reporting on statewide recidivism, include the metrics and requirements 
described in Section 
63M-7-102
;
(q)
create a reentry division that focuses on the successful reentry of inmates into the 
community;
(r)
coordinate with the Board of Pardons and Parole regarding inmate records that are 
necessary for the Board of Pardons and Parole to make necessary determinations 
regarding an inmate; and
(s)
ensure that inmate records regarding discipline, programs, and other relevant metrics 
are:
(i)
complete and updated in a timely manner; and
(ii)
when applicable, shared with the Board of Pardons and Parole in a timely manner.
(2)
The department may in the course of supervising probationers and parolees:
(a)
respond to an individual's violation of one or more terms of the probation or parole in 
accordance with the graduated and evidence-based processes established by the adult 
sentencing and supervision length guidelines, as defined in Section 
63M-7-401.1
; and
(b)
upon approval by the court or the Board of Pardons and Parole, impose as a sanction 
for an individual's violation of the terms of probation or parole a period of 
incarceration of not more than three consecutive days and not more than a total of 
five days within a period of 30 days.
(3)
(a)
By following the procedures in Subsection (3)(b), the department may 
investigate the following occurrences at state correctional facilities:
(i)
criminal conduct of departmental employees;
(ii)
felony crimes resulting in serious bodily injury;
(iii)
death of any person; or
(iv)
aggravated kidnaping.
(b)
Before investigating any occurrence specified in Subsection (3)(a), the department 
shall:
(i)
notify the sheriff or other appropriate law enforcement agency promptly after 
ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) 
has occurred; and
(ii)
obtain consent of the sheriff or other appropriate law enforcement agency to 
conduct an investigation involving an occurrence specified in Subsection (3)(a).
(4)
Upon request, the department shall provide copies of investigative reports of criminal 
conduct to the sheriff or other appropriate law enforcement agencies.
(3)
In accordance with department policy, the department may conduct criminal 
investigations regarding an allegation that:
(a)
an offender has committed a criminal offense; or
(b)
an employee of the department has committed a criminal offense.
(5)
(4)
(a)
The executive director of the department, or the executive director's designee 
if the designee possesses expertise in correctional programming, shall consult at least 
annually with cognitive and career-readiness staff experts from the Utah system of 
higher education and the State Board of Education to review the department's 
evidence-based and evidence-informed treatment and program opportunities.
(b)
Beginning in the 2022 interim, the department shall provide an annual report to the 
Law Enforcement and Criminal Justice Interim Committee regarding:
(i)
the department's implementation of and offender participation in evidence-based 
and evidence-informed treatment and program opportunities designed to reduce 
the criminogenic and recidivism risks of offenders over time; and
(ii)
the progress of the department's implementation of the inmate program 
requirements described in Section 
64-13-50
.
(6)
(5)
(a)
As used in this Subsection 
(6):
(5):
(i)
"Accounts receivable" means any amount owed by an offender arising from a 
criminal judgment that has not been paid.
(ii)
"Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures, 
surcharges, costs, interest, penalties, restitution to victims, third-party claims, 
claims, reimbursement of a reward, and damages that an offender is ordered to 
pay.
(b)
The department shall collect and disburse, with any interest and any other costs 
assessed under Section 
64-13-21
, an accounts receivable for an offender during:
(i)
the parole period and any extension of that period in accordance with Subsection 
(6)(c)
(5)(c)
; and
(ii)
the probation period for which the court orders supervised probation and any 
extension of that period by the department in accordance with Subsection 
77-18-105
(7).
(c)
(i)
If an offender has an unpaid balance of the offender's accounts receivable at the 
time that the offender's sentence expires or terminates, the department shall be 
referred to the sentencing court for the sentencing court to enter a civil judgment 
of restitution and a civil accounts receivable as described in Section 
77-18-114
.
(ii)
If the board makes an order for restitution within 60 days from the day on which 
the offender's sentence expires or terminates, the board shall refer the order for 
restitution to the sentencing court to be entered as a civil judgment of restitution as 
described in Section 
77-18-114
.
(d)
This Subsection 
(6)
(5)
 only applies to offenders sentenced before July 1, 2021.
Section 5, Section 
64-13-42
 is amended to read:
64-13-42. Prison Telephone Surcharge Account -- Funding inmate and offender 
education and training programs.
(1)
(a)
There is created within the General Fund a restricted account known as the Prison 
Telephone Surcharge Account.
(b)
The Prison Telephone Surcharge Account consists of:
(i)
revenue generated by the state from pay telephone services located at any 
correctional facility as defined in Section 
64-13-1
;
(ii)
interest on account money;
(iii)
(A)
money paid by inmates participating in postsecondary education provided 
by the department; and
(B)
money repaid by former inmates who have a written agreement with the 
department to pay for a specified portion of the tuition costs under the 
department's deferred tuition payment program;
(iv)
money collected by the Office of State Debt Collection for debt described in 
Subsection (1)(b)(iii);
(v)
revenue generated from offenders using department tablets or other electronic 
devices;
 and
(v)
(vi)
money appropriated by the Legislature.
(2)
Upon appropriation by the Legislature, money from the Prison Telephone Surcharge 
Account shall be used by the department for education and training programs for 
offenders and inmates as defined in Section 
64-13-1
.
Section 6, Section 
77-18-105
 is amended to read:
77-18-105. Pleas held in abeyance -- Suspension of a sentence -- Probation -- 
Supervision -- Terms and conditions of probation -- Time periods for probation -- Bench 
supervision for payments on criminal accounts receivable.
(1)
If a defendant enters a plea of guilty or no contest in conjunction with a plea in 
abeyance agreement, the court may hold the plea in abeyance:
(a)
in accordance with Chapter 2a, Pleas in Abeyance; and
(b)
under the terms of the plea in abeyance agreement.
(2)
If a defendant is convicted, the court:
(a)
shall impose a sentence in accordance with Section 
76-3-201
; and
(b)
subject to Subsection (5), may suspend the execution of the sentence and place the 
defendant:
(i)
on probation under the supervision of the department;
(ii)
on probation under the supervision of an agency of a local government or a 
private organization; or
(iii)
on court probation under the jurisdiction of the sentencing court.
(3)
(a)
The legal custody of all probationers under the supervision of the department is 
with the department.
(b)
The legal custody of all probationers under the jurisdiction of the sentencing court is 
vested as ordered by the court.
(c)
The court has continuing jurisdiction over all probationers.
(4)
(a)
Court probation may include an administrative level of services, including 
notification to the sentencing court of scheduled periodic reviews of the probationer's 
compliance with conditions.
(b)
Supervised probation services provided by the department, an agency of a local 
government, or a private organization shall specifically address the defendant's risk 
of reoffending as identified by a screening or an assessment.
(c)
If a court orders supervised probation and determines that a public probation 
provider is unavailable or inappropriate to supervise the defendant, the court shall 
make available to the defendant the list of private probation providers prepared by a 
criminal justice coordinating council under Section 
17-55-201
.
(5)
(a)
Before ordering supervised probation, the court shall consider the supervision 
costs to the defendant for each entity that can supervise the defendant.
(b)
(i)
A court may order an agency of a local government to supervise the probation 
for an individual convicted of any crime if:
(A)
the agency has the capacity to supervise the individual; and
(B)
the individual's supervision needs will be met by the agency.
(ii)
A court may only order:
(A)
the department to supervise the probation for an individual convicted of a 
class A misdemeanor or any felony; or
(B)
a private organization to supervise the probation for an individual convicted of 
a class A, B, or C misdemeanor or an infraction.
(c)
A court may not order a specific private organization to supervise an individual 
unless there is only one private organization that can provide the specific supervision 
services required to meet the individual's supervision needs.
(6)
(a)
If a defendant is placed on probation, the court may order the defendant as a 
condition of the defendant's probation:
(i)
to provide for the support of persons for whose support the defendant is legally 
liable;
(ii)
to participate in available treatment programs, including any treatment program in 
which the defendant is currently participating if the program is acceptable to the 
court;
(iii)
be voluntarily admitted to the custody of the Division of Substance 
Abuse
Use
and Mental Health for treatment at the Utah State Hospital in accordance with 
Section 
77-18-106
;
(iv)
if the defendant is on probation for a felony offense, to serve a period of time as 
an initial condition of probation that does not exceed one year in a county jail 
designated by the department, after considering any recommendation by the court 
as to which jail the court finds most appropriate;
(v)
to serve a term of home confinement in accordance with Section 
77-18-107
;
(vi)
to participate in compensatory service programs, including the compensatory 
service program described in Section 
76-3-410
;
(vii)
to pay for the costs of investigation, probation, or treatment services;
(viii)
to pay restitution to a victim with interest in accordance with Chapter 38b, 
Crime Victims Restitution Act; or
(ix)
to comply with other terms and conditions the court considers appropriate to 
ensure public safety or increase a defendant's likelihood of success on probation.
(b)
If a defendant is placed on probation and a condition of the defendant's probation is 
routine or random drug testing, the defendant shall sign a waiver consistent with the 
Health Insurance Portability and Accountability Act, 42 U.S.C. Sec. 1320d et seq., 
allowing the treatment provider conducting the drug testing to notify the defendant's 
supervising probation officer regarding the results of the defendant's drug testing.
(b)
(c)
(i)
Notwithstanding Subsection (6)(a)(iv), the court may modify the probation 
of a defendant to include a period of time that is served in a county jail 
immediately before the termination of probation as long as that period of time 
does not exceed one year.
(ii)
If a defendant is ordered to serve time in a county jail as a sanction for a 
probation violation, the one-year limitation described in Subsection (6)(a)(iv) or 
(6)(b)(i) does not apply to the period of time that the court orders the defendant to 
serve in a county jail under this Subsection (6)(b)(ii).
(7)
(a)
Except as provided in Subsection (7)(b), probation of an individual placed on 
probation after December 31, 2018:
(i)
may not exceed the individual's maximum sentence;
(ii)
shall be for a period of time that is in accordance with the adult sentencing and 
supervision length guidelines, as defined in Section 
63M-7-401.1
, to the extent the 
guidelines are consistent with the requirements of the law; and
(iii)
shall be terminated in accordance with the adult sentencing and supervision 
length guidelines, as defined in Section 
63M-7-401.1
, to the extent the guidelines 
are consistent with the requirements of the law.
(b)
Probation of an individual placed on probation after December 31, 2018, whose 
maximum sentence is one year or less, may not exceed 36 months.
(c)
Probation of an individual placed on probation on or after October 1, 2015, but 
before January 1, 2019, may be terminated at any time at the discretion of the court 
or upon completion without violation of 36 months probation in felony or class A 
misdemeanor cases, 12 months in cases of class B or C misdemeanors or infractions, 
or as allowed in accordance with Section 
64-13-21
 regarding earned credits.
(d)
This Subsection (7) does not apply to the probation of an individual convicted of an 
offense for criminal nonsupport under Section 
76-7-201
.
(8)
(a)
Notwithstanding Subsection (7), if there is an unpaid balance of the criminal 
accounts receivable for the defendant upon termination of the probation period for 
the defendant under Subsection (7), the court may require the defendant to continue 
to make payments towards the criminal accounts receivable in accordance with the 
payment schedule established by the court under Section 
77-32b-103
.
(b)
A court may not require the defendant to make payments as described in Subsection 
(8)(a) beyond the expiration of the defendant's sentence.
(c)
If the court requires a defendant to continue to pay in accordance with the payment 
schedule for the criminal accounts receivable under this Subsection (8) and the 
defendant defaults on the criminal accounts receivable, the court shall proceed with 
an order for a civil judgment of restitution and a civil accounts receivable for the 
defendant as described in Section 
77-18-114
.
(d)
(i)
Upon a motion from the prosecuting attorney, the victim, or upon the court's 
own motion, the court may require a defendant to show cause as to why the 
defendant's failure to pay in accordance with the payment schedule should not be 
treated as contempt of court.
(ii)
A court may hold a defendant in contempt for failure to make payments for a 
criminal accounts receivable in accordance with Title 78B, Chapter 6, Part 3, 
Contempt.
(e)
This Subsection (8) does not apply to the probation of an individual convicted of an 
offense for criminal nonsupport under Section 
76-7-201
.
(9)
When making any decision regarding probation:
(a)
the court shall consider information provided by the Department of Corrections 
regarding a defendant's individual case action plan, including any progress the 
defendant has made in satisfying the case action plan's completion requirements; and
(b)
the court may not rely solely on an algorithm or a risk assessment tool score.
Section 7, Section 
77-19-10
 is amended to read:
77-19-10. Judgment of death -- Location and procedures for execution.
(1)
The executive director of the Department of Corrections or a designee shall ensure that 
the method of judgment of death specified in the warrant or as required under Section 
77-18-113
 is carried out at a secure correctional facility operated by the department and 
at an hour determined by the department on the date specified in the warrant.
(2)
When the judgment of death is to be carried out by lethal intravenous injection, the 
executive director of the department or a designee shall select two or more persons 
trained in accordance with accepted medical practices to administer intravenous 
injections, who shall each administer a continuous intravenous injection,
 one of which 
shall be of a lethal quantity of:
(a)
sodium thiopental; or
(b)
other equally or more effective substance sufficient to cause death.
 consisting of 
one or more substances of a type and amount that is sufficiently effective to cause 
death without a substantial risk of severe pain.
(3)
If the judgment of death is to be carried out by firing squad under Subsection 
77-18-113(2)
, 
(3)
, or 
(4)
 the executive director of the department or a designee shall 
select a five-person firing squad of peace officers.
(4)
Compensation for persons administering intravenous injections and for members of a 
firing squad under Subsection 
77-18-113(2)
, 
(3)
, or 
(4)
 shall be in an amount determined 
by the director of the Division of Finance.
(5)
Death under this section shall be certified by a physician.
(6)
The department shall adopt and enforce rules governing procedures for the execution of 
judgments of death.
Section 8, Section 
77-27-10
 is amended to read:
77-27-10. Conditions of parole -- Inmate agreement to warrant -- Rulemaking -- 
Intensive early release parole program.
(1)
(a)
When the Board of Pardons and Parole releases an offender on parole, it shall, in 
accordance with Section 
64-13-21
, issue to the parolee a certificate setting forth the 
conditions of parole, including the graduated and evidence-based responses to a 
violation of a condition of parole established in the adult sentencing and supervision 
length guidelines, as defined in Section 
63M-7-401.1
, which the offender shall accept 
and agree to as evidenced by the offender's signature affixed to the agreement.
(b)
The parole agreement shall require that the inmate agree in writing that the board 
may issue a warrant and conduct a parole revocation hearing if:
(i)
the board determines after the grant of parole that the inmate willfully provided to 
the board false or inaccurate information that the board finds was significant in the 
board's determination to grant parole; or
(ii)
(A)
the inmate has engaged in criminal conduct prior to the granting of parole; 
and
(B)
the board did not have information regarding the conduct at the time parole 
was granted.
(c)
(i)
A copy of the agreement shall be delivered to the Department of Corrections 
and a copy shall be given to the parolee. 
(ii)
 The original agreement shall remain with the board's file.
(2)
(a)
If an offender convicted of violating or attempting to violate Section 
76-5-301.1
, 
76-5-302
, 
76-5-402
, 
76-5-402.1
, 
76-5-402.2
, 
76-5-402.3
, 
76-5-403
, 
76-5-403.1
, 
76-5-404
, 
76-5-404.1
, 
76-5-404.3
, or 
76-5-405
, is released on parole, the board shall 
order outpatient mental health counseling and treatment as a condition of parole.
(b)
The board shall develop standards and conditions of parole under this Subsection (2) 
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c)
This Subsection (2) does not apply to intensive early release parole.
(3)
(a)
(i)
In addition to the conditions set out in Subsection (1), the board may place 
offenders in an intensive early release parole program. 
(ii)
The board shall determine the conditions of parole which are reasonably 
necessary to protect the community as well as to protect the interests of the 
offender and to assist the offender to lead a law-abiding life.
(b)
The offender is eligible for this program only if the offender:
(i)
has not been convicted of a sexual offense; or
(ii)
has not been sentenced pursuant to Section 
76-3-406
.
(c)
The department shall:
(i)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, for operation of the program;
(ii)
adopt and implement internal management policies for operation of the program;
(iii)
determine whether or not to refer an offender into this program within 120 days 
from the date the offender is committed to prison by the sentencing court; and
(iv)
make the final recommendation to the board regarding the placement of an 
offender into the program.
(d)
The department may not consider credit for time served in a county jail awaiting trial 
or sentencing when calculating the 120-day period.
(e)
The prosecuting attorney or sentencing court may refer an offender for consideration 
by the department for participation in the program.
(f)
The board shall determine whether or not to place an offender into this program 
within 30 days of receiving the department's recommendation.
(4)
This program shall be implemented by the department within the existing budget.
(5)
In addition to the conditions of parole described in this section, and if a condition of the 
offender's parole is routine or random drug testing, the board shall order the offender to 
sign a waiver consistent with the Health Insurance Portability and Accountability Act, 
42 U.S.C. Sec. 1320d et seq., allowing the treatment provider conducting the drug 
testing to notify the offender's supervising parole officer regarding the results of the 
offender's drug testing.
(5)
(6)
During the time the offender is on parole, the department shall collect from the 
offender the monthly supervision fee authorized by Section 
64-13-21
.
(6)
(7)
When a parolee commits a violation of the parole agreement, the department may:
(a)
respond in accordance with the graduated and evidence-based responses established 
in accordance with Section 
64-13-21
; or
(b)
when the graduated and evidence-based responses established in accordance with 
Section 
64-13-21
 indicate, refer the parolee to the Board of Pardons and Parole for 
revocation of parole.
Section 9. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-24-25 10:39 AM