First Substitute S.B. 50

Representative Rebecca D. Lockhart proposes the following substitute bill:

1 DRUG OFFENDERS REFORM ACT
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: D. Chris Buttars
5 House Sponsor: Rebecca D. Lockhart
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Utah Substance Abuse and Anti-Violence
10 Coordinating Council and the Code of Criminal Procedure to implement provisions
11 relating to screening, assessment, and substance abuse treatment for offenders. These
12 provisions are referred to as the Drug Offender Reform Act.
13 Highlighted Provisions:
14 This bill:
15 . requires the Utah Substance Abuse and Anti-Violence Coordinating Council to
16 coordinate and evaluate the implementation of the screening and assessment
17 program;
18 . requires that on and after July 1, 2007, offenders convicted of any felony offense
19 participate in the screening and assessment process; and
20 . requires that the results of any screening and assessment of an offender be provided
21 to the court prior to sentencing.
22 Monies Appropriated in this Bill:
23 This bill appropriates as nonlapsing funds:
24 . as an ongoing appropriation subject to future budget constraints, $27,000 from the
25 General Fund, for fiscal year 2007-08 to the Commission on Criminal and Juvenile

26 Justice;
27 . as a one time appropriation from the General Fund, ($3,000) for fiscal year 2007-08
28 to the Commission on Criminal and Juvenile Justice;
29 . as an ongoing appropriation subject to future budget constraints, $3,419,500 from
30 the General Fund, for fiscal year 2007-08, to the Department of Corrections;
31 . as a one time appropriation from the General Fund, ($379,900) for fiscal year
32 2007-08 to the Department of Corrections;
33 . as an ongoing appropriation subject to future budget constraints, $5,456,300 from
34 the General Fund, for fiscal year 2007-08, to the Department of Human Services;
35 . as a one time appropriation from the General Fund, ($606,300) for fiscal year
36 2007-08 to the Department of Human Services;
37 . as an ongoing appropriation subject to future budget constraints, $56,700 from the
38 General Fund, for fiscal year 2007-08, to the Administrative Office of the Courts;
39 . as a one time appropriation from the General Fund, ($6,300) for fiscal year 2007-08
40 to the Administrative Office of the Courts;
41 . as an ongoing appropriation subject to future budget constraints $40,500 to the
42 Board of Pardons and Parole; and
43 . as a one time appropriation from the General Fund, ($4,500) for fiscal year 2007-08
44 to the Board of Pardons and Parole.
45 Other Special Clauses:
46 This bill takes effect on July 1, 2007.
47 Utah Code Sections Affected:
48 AMENDS:
49 63-25a-203, as last amended by Chapter 14, Laws of Utah 2005, First Special Session
50 63-25a-205.5, as last amended by Chapter 61, Laws of Utah 2006
51 77-18-1, as last amended by Chapter 14, Laws of Utah 2005, First Special Session
52 77-18-1.1, as last amended by Chapter 61, Laws of Utah 2006
53 77-27-9, as last amended by Chapter 149, Laws of Utah 2003
54
55 Be it enacted by the Legislature of the state of Utah:
56 Section 1. Section 63-25a-203 is amended to read:

57 63-25a-203. Duties of council.
58 (1) The Utah Substance Abuse and Anti-Violence Coordinating Council shall:
59 (a) provide leadership and generate unity for Utah's ongoing efforts to combat
60 substance abuse and community violence;
61 (b) recommend and coordinate the creation, dissemination, and implementation of a
62 statewide substance abuse and anti-violence policy;
63 (c) facilitate planning for a balanced continuum of substance abuse and community
64 violence prevention, treatment, and justice services;
65 (d) promote collaboration and mutually beneficial public and private partnerships;
66 (e) coordinate recommendations made by any subcommittees created under Section
67 63-25a-202 ;
68 (f) analyze and provide an objective assessment of all proposed legislation concerning
69 alcohol and other drug issues and community violence issues; and
70 (g) coordinate the implementation of Section 77-18-1.1 and related provisions in
71 [Subsection ] Subsections 77-18-1 (5)(d) and (e) and 77-27-9 (2)(g), as provided in Section
72 63-25a-205.5 .
73 (2) The council shall meet quarterly or more frequently as determined necessary by the
74 chair.
75 (3) The council shall report its recommendations annually to the commission,
76 governor, the Legislature, and the Judicial Council.
77 Section 2. Section 63-25a-205.5 is amended to read:
78 63-25a-205.5. Drug Offender Reform Act -- Coordination.
79 (1) As used in this section:
80 (a) "Council" means the Utah Substance Abuse and Anti-Violence Coordinating
81 Council.
82 (b) "Drug Offender Reform [Pilot Study] Act" and ["study"] "act" mean the screening,
83 assessment, and substance abuse treatment provided to:
84 (i) convicted offenders [as part of a study described in this section and conducted as
85 described in Section 77-18-1.1 in the courts of the Third Judicial District located in Salt Lake
86 County.] under Subsection 77-18-1.1 (2) with funds appropriated by the Legislature under
87 Subsection 77-18-1.1 (4); and

88 (ii) offenders released on parole under Subsection 77-27-9 (2)(g)(iv).
89 (c) "Substance abuse authority" [means the Salt Lake County substance abuse authority
90 operating within the Third Judicial District] has the same meaning as in Section 17-43-201 .
91 [(2) There is established a Drug Offender Reform Pilot Study in the courts of the Third
92 Judicial District located in Salt Lake County.]
93 [(a) The study shall operate on and after July 1, 2005, through June 30, 2008, subject to
94 legislative funding.]
95 [(i) The study shall conduct screening under Subsection 77-18-1.1 (2)(a) through June
96 30, 2007, and shall conduct assessments and substance abuse treatment based on this screening
97 under Subsections 77-18-1.1 (2)(b) and (c).]
98 [(ii) The assessments and treatment based on screening conducted on and before June
99 30, 2007, shall be conducted by the study through June 30, 2008, the final date of the study.]
100 [(b) The study shall provide screening and assessment under Section 77-18-1.1 to
101 offenders convicted in the courts of the Third Judicial District in Salt Lake County of a felony
102 offense.]
103 [(c) The study shall provide substance abuse treatment under Section 77-18-1.1 to a
104 maximum of 250 offenders convicted under Subsection (2)(b) and who are sentenced to
105 probation in Salt Lake County if:]
106 [(i) the assessment indicates treatment is appropriate; and]
107 [(ii) the court finds treatment to be appropriate for the offender.]
108 [(3) The council shall provide ongoing oversight of the implementation and functions
109 of the study.]
110 [(4) The council shall develop an implementation plan for the study, which shall:]
111 [(a) include guidelines on how funds appropriated for the study should be used;]
112 [(b) include guidelines on the membership of the Salt Lake County planning group
113 under Subsection (5); and]
114 [(c) require that treatment plans under the study are appropriate for criminal offenders.]
115 [(5) (a) The Salt Lake County substance abuse authority located within the Third
116 Judicial District shall establish a local planning group to develop and submit a plan to the
117 council detailing the intended use of the study funds. The uses shall be in accordance with the
118 guidelines established by the council under Subsection (4).]

119 [(b) Upon approval of the plan by the council, the Department of Human Services shall
120 allocate the funds to the substance abuse authority.]
121 [(c) The substance abuse authority shall submit to the Department of Human Services
122 and the council, on or before October 1 of each year, reports detailing use of the funds and the
123 impact and results of the use of the funds.]
124 [(6) The council shall evaluate the progress of the study and shall provide a written
125 report to the Law Enforcement and Criminal Justice Interim Committee and the Health and
126 Human Services Interim Committee annually on or before November 1, and shall provide to
127 these interim committees a final written report on the impact and results of the study on or
128 before November 1, 2008.]
129 (2) The council shall provide ongoing oversight of the implementation and functions of
130 the Drug Offender Reform Act.
131 (3) The council shall evaluate the impact and results of the Drug Offender Reform Act.
132 (4) The council shall develop an implementation plan for the Drug Offender Reform
133 Act. The plan shall:
134 (a) include guidelines on how funds appropriated under the act should be used;
135 (b) require that treatment plans under the act are appropriate for criminal offenders;
136 (c) include guidelines on the membership of local planning groups; and
137 (d) include guidelines on the membership of the Department of Corrections' planning
138 group under Subsection (6).
139 (5) (a) Each local substance abuse authority shall establish a local planning group and
140 shall submit a plan to the council detailing how the authority proposes to use the Drug
141 Offender Reform Act funds. The uses shall be in accordance with the guidelines established by
142 the council under Subsection (4).
143 (b) Upon approval of the plan by the council, the Department of Human Services shall
144 allocate the funds.
145 (c) Local substance abuse authorities shall annually submit to the Department of
146 Human Services and to the council reports detailing use of the funds and the impact and results
147 of the use of the funds.
148 (6) (a) The Department of Corrections shall establish a planning group and shall submit
149 a plan to the council detailing how the department proposes to use the Drug Offender Reform

150 Act funds. The uses shall be in accordance with the guidelines established by the council under
151 Subsection (4).
152 (b) The Department of Corrections shall annually submit to the council a report
153 detailing use of the funds and the impact and results of the use of the funds.
154 Section 3. Section 77-18-1 is amended to read:
155 77-18-1. Suspension of sentence -- Pleas held in abeyance -- Probation --
156 Supervision -- Presentence investigation -- Standards -- Confidentiality -- Terms and
157 conditions -- Termination, revocation, modification, or extension -- Hearings -- Electronic
158 monitoring.
159 (1) On a plea of guilty or no contest entered by a defendant in conjunction with a plea
160 in abeyance agreement, the court may hold the plea in abeyance as provided in Title 77,
161 Chapter 2a, Pleas in Abeyance, and under the terms of the plea in abeyance agreement.
162 (2) (a) On a plea of guilty, guilty and mentally ill, no contest, or conviction of any
163 crime or offense, the court may, after imposing sentence, suspend the execution of the sentence
164 and place the defendant on probation. The court may place the defendant:
165 (i) on probation under the supervision of the Department of Corrections except in cases
166 of class C misdemeanors or infractions;
167 (ii) on probation with an agency of local government or with a private organization; or
168 (iii) on bench probation under the jurisdiction of the sentencing court.
169 (b) (i) The legal custody of all probationers under the supervision of the department is
170 with the department.
171 (ii) The legal custody of all probationers under the jurisdiction of the sentencing court
172 is vested as ordered by the court.
173 (iii) The court has continuing jurisdiction over all probationers.
174 (3) (a) The department shall establish supervision and presentence investigation
175 standards for all individuals referred to the department. These standards shall be based on:
176 (i) the type of offense;
177 (ii) the demand for services;
178 (iii) the availability of agency resources;
179 (iv) the public safety; and
180 (v) other criteria established by the department to determine what level of services

181 shall be provided.
182 (b) Proposed supervision and investigation standards shall be submitted to the Judicial
183 Council and the Board of Pardons and Parole on an annual basis for review and comment prior
184 to adoption by the department.
185 (c) The Judicial Council and the department shall establish procedures to implement
186 the supervision and investigation standards.
187 (d) The Judicial Council and the department shall annually consider modifications to
188 the standards based upon criteria in Subsection (3)(a) and other criteria as they consider
189 appropriate.
190 (e) The Judicial Council and the department shall annually prepare an impact report
191 and submit it to the appropriate legislative appropriations subcommittee.
192 (4) Notwithstanding other provisions of law, the department is not required to
193 supervise the probation of persons convicted of class B or C misdemeanors or infractions or to
194 conduct presentence investigation reports on class C misdemeanors or infractions. However,
195 the department may supervise the probation of class B misdemeanants in accordance with
196 department standards.
197 (5) (a) Prior to the imposition of any sentence, the court may, with the concurrence of
198 the defendant, continue the date for the imposition of sentence for a reasonable period of time
199 for the purpose of obtaining a presentence investigation report from the department or
200 information from other sources about the defendant.
201 (b) The presentence investigation report shall include a victim impact statement
202 according to guidelines set in Section 77-38a-203 describing the effect of the crime on the
203 victim and the victim's family.
204 (c) The presentence investigation report shall include a specific statement of pecuniary
205 damages, accompanied by a recommendation from the department regarding the payment of
206 restitution with interest by the defendant in accordance with Title 77, Chapter 38a, Crime
207 Victims Restitution Act.
208 (d) The presentence investigation report shall include:
209 (i) findings from any screening and any assessment of the offender conducted under
210 Section 77-18-1.1 ; and
211 (ii) recommendations for treatment of the offender.

212 [(d)] (e) The contents of the presentence investigation report, including any diagnostic
213 evaluation report ordered by the court under Section 76-3-404 , are protected and are not
214 available except by court order for purposes of sentencing as provided by rule of the Judicial
215 Council or for use by the department.
216 (6) (a) The department shall provide the presentence investigation report to the
217 defendant's attorney, or the defendant if not represented by counsel, the prosecutor, and the
218 court for review, three working days prior to sentencing. Any alleged inaccuracies in the
219 presentence investigation report, which have not been resolved by the parties and the
220 department prior to sentencing, shall be brought to the attention of the sentencing judge, and
221 the judge may grant an additional ten working days to resolve the alleged inaccuracies of the
222 report with the department. If after ten working days the inaccuracies cannot be resolved, the
223 court shall make a determination of relevance and accuracy on the record.
224 (b) If a party fails to challenge the accuracy of the presentence investigation report at
225 the time of sentencing, that matter shall be considered to be waived.
226 (7) At the time of sentence, the court shall receive any testimony, evidence, or
227 information the defendant or the prosecuting attorney desires to present concerning the
228 appropriate sentence. This testimony, evidence, or information shall be presented in open court
229 on record and in the presence of the defendant.
230 (8) While on probation, and as a condition of probation, the court may require that the
231 defendant:
232 (a) perform any or all of the following:
233 (i) pay, in one or several sums, any fine imposed at the time of being placed on
234 probation;
235 (ii) pay amounts required under Title 77, Chapter 32a, Defense Costs;
236 (iii) provide for the support of others for whose support he is legally liable;
237 (iv) participate in available treatment programs, including any treatment program in
238 which the defendant is currently participating, if the program is acceptable to the court;
239 (v) serve a period of time, not to exceed one year, in a county jail designated by the
240 department, after considering any recommendation by the court as to which jail the court finds
241 most appropriate;
242 (vi) serve a term of home confinement, which may include the use of electronic

243 monitoring;
244 (vii) participate in compensatory service restitution programs, including the
245 compensatory service program provided in Section 78-11-20.7 ;
246 (viii) pay for the costs of investigation, probation, and treatment services;
247 (ix) make restitution or reparation to the victim or victims with interest in accordance
248 with Title 77, Chapter 38a, Crime Victims Restitution Act; and
249 (x) comply with other terms and conditions the court considers appropriate; and
250 (b) if convicted on or after May 5, 1997:
251 (i) complete high school classwork and obtain a high school graduation diploma, a
252 GED certificate, or a vocational certificate at the defendant's own expense if the defendant has
253 not received the diploma, GED certificate, or vocational certificate prior to being placed on
254 probation; or
255 (ii) provide documentation of the inability to obtain one of the items listed in
256 Subsection (8)(b)(i) because of:
257 (A) a diagnosed learning disability; or
258 (B) other justified cause.
259 (9) The department shall collect and disburse the account receivable as defined by
260 Section 76-3-201.1 , with interest and any other costs assessed under Section 64-13-21 during:
261 (a) the parole period and any extension of that period in accordance with Subsection
262 77-27-6 (4); and
263 (b) the probation period in cases for which the court orders supervised probation and
264 any extension of that period by the department in accordance with Subsection (10).
265 (10) (a) (i) Probation may be terminated at any time at the discretion of the court or
266 upon completion without violation of 36 months probation in felony or class A misdemeanor
267 cases, or 12 months in cases of class B or C misdemeanors or infractions.
268 (ii) (A) If, upon expiration or termination of the probation period under Subsection
269 (10)(a)(i), there remains an unpaid balance upon the account receivable as defined in Section
270 76-3-201.1 , the court may retain jurisdiction of the case and continue the defendant on bench
271 probation for the limited purpose of enforcing the payment of the account receivable.
272 (B) In accordance with Section 77-18-6 , the court shall record in the registry of civil
273 judgments any unpaid balance not already recorded and immediately transfer responsibility to

274 collect the account to the Office of State Debt Collection.
275 (iii) Upon motion of the Office of State Debt Collection, prosecutor, victim, or upon its
276 own motion, the court may require the defendant to show cause why his failure to pay should
277 not be treated as contempt of court.
278 (b) (i) The department shall notify the sentencing court, the Office of State Debt
279 Collection, and the prosecuting attorney in writing in advance in all cases when termination of
280 supervised probation will occur by law.
281 (ii) The notification shall include a probation progress report and complete report of
282 details on outstanding accounts receivable.
283 (11) (a) (i) Any time served by a probationer outside of confinement after having been
284 charged with a probation violation and prior to a hearing to revoke probation does not
285 constitute service of time toward the total probation term unless the probationer is exonerated
286 at a hearing to revoke the probation.
287 (ii) Any time served in confinement awaiting a hearing or decision concerning
288 revocation of probation does not constitute service of time toward the total probation term
289 unless the probationer is exonerated at the hearing.
290 (b) The running of the probation period is tolled upon the filing of a violation report
291 with the court alleging a violation of the terms and conditions of probation or upon the issuance
292 of an order to show cause or warrant by the court.
293 (12) (a) (i) Probation may not be modified or extended except upon waiver of a hearing
294 by the probationer or upon a hearing and a finding in court that the probationer has violated the
295 conditions of probation.
296 (ii) Probation may not be revoked except upon a hearing in court and a finding that the
297 conditions of probation have been violated.
298 (b) (i) Upon the filing of an affidavit alleging with particularity facts asserted to
299 constitute violation of the conditions of probation, the court that authorized probation shall
300 determine if the affidavit establishes probable cause to believe that revocation, modification, or
301 extension of probation is justified.
302 (ii) If the court determines there is probable cause, it shall cause to be served on the
303 defendant a warrant for his arrest or a copy of the affidavit and an order to show cause why his
304 probation should not be revoked, modified, or extended.

305 (c) (i) The order to show cause shall specify a time and place for the hearing and shall
306 be served upon the defendant at least five days prior to the hearing.
307 (ii) The defendant shall show good cause for a continuance.
308 (iii) The order to show cause shall inform the defendant of a right to be represented by
309 counsel at the hearing and to have counsel appointed for him if he is indigent.
310 (iv) The order shall also inform the defendant of a right to present evidence.
311 (d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit.
312 (ii) If the defendant denies the allegations of the affidavit, the prosecuting attorney
313 shall present evidence on the allegations.
314 (iii) The persons who have given adverse information on which the allegations are
315 based shall be presented as witnesses subject to questioning by the defendant unless the court
316 for good cause otherwise orders.
317 (iv) The defendant may call witnesses, appear and speak in his own behalf, and present
318 evidence.
319 (e) (i) After the hearing the court shall make findings of fact.
320 (ii) Upon a finding that the defendant violated the conditions of probation, the court
321 may order the probation revoked, modified, continued, or that the entire probation term
322 commence anew.
323 (iii) If probation is revoked, the defendant shall be sentenced or the sentence previously
324 imposed shall be executed.
325 (13) The court may order the defendant to commit himself to the custody of the
326 Division of Substance Abuse and Mental Health for treatment at the Utah State Hospital as a
327 condition of probation or stay of sentence, only after the superintendent of the Utah State
328 Hospital or his designee has certified to the court that:
329 (a) the defendant is appropriate for and can benefit from treatment at the state hospital;
330 (b) treatment space at the hospital is available for the defendant; and
331 (c) persons described in Subsection 62A-15-610 (2)(g) are receiving priority for
332 treatment over the defendants described in this Subsection (13).
333 (14) Presentence investigation reports, including presentence diagnostic evaluations,
334 are classified protected in accordance with Title 63, Chapter 2, Government Records Access
335 and Management Act. Notwithstanding Sections 63-2-403 and 63-2-404 , the State Records

336 Committee may not order the disclosure of a presentence investigation report. Except for
337 disclosure at the time of sentencing pursuant to this section, the department may disclose the
338 presentence investigation only when:
339 (a) ordered by the court pursuant to Subsection 63-2-202 (7);
340 (b) requested by a law enforcement agency or other agency approved by the department
341 for purposes of supervision, confinement, and treatment of the offender;
342 (c) requested by the Board of Pardons and Parole;
343 (d) requested by the subject of the presentence investigation report or the subject's
344 authorized representative; or
345 (e) requested by the victim of the crime discussed in the presentence investigation
346 report or the victim's authorized representative, provided that the disclosure to the victim shall
347 include only information relating to statements or materials provided by the victim, to the
348 circumstances of the crime including statements by the defendant, or to the impact of the crime
349 on the victim or the victim's household.
350 (15) (a) The court shall consider home confinement as a condition of probation under
351 the supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5 .
352 (b) The department shall establish procedures and standards for home confinement,
353 including electronic monitoring, for all individuals referred to the department in accordance
354 with Subsection (16).
355 (16) (a) If the court places the defendant on probation under this section, it may order
356 the defendant to participate in home confinement through the use of electronic monitoring as
357 described in this section until further order of the court.
358 (b) The electronic monitoring shall alert the department and the appropriate law
359 enforcement unit of the defendant's whereabouts.
360 (c) The electronic monitoring device shall be used under conditions which require:
361 (i) the defendant to wear an electronic monitoring device at all times; and
362 (ii) that a device be placed in the home of the defendant, so that the defendant's
363 compliance with the court's order may be monitored.
364 (d) If a court orders a defendant to participate in home confinement through electronic
365 monitoring as a condition of probation under this section, it shall:
366 (i) place the defendant on probation under the supervision of the Department of

367 Corrections;
368 (ii) order the department to place an electronic monitoring device on the defendant and
369 install electronic monitoring equipment in the residence of the defendant; and
370 (iii) order the defendant to pay the costs associated with home confinement to the
371 department or the program provider.
372 (e) The department shall pay the costs of home confinement through electronic
373 monitoring only for those persons who have been determined to be indigent by the court.
374 (f) The department may provide the electronic monitoring described in this section
375 either directly or by contract with a private provider.
376 Section 4. Section 77-18-1.1 is amended to read:
377 77-18-1.1. Screening, assessment, and treatment.
378 (1) As used in this section:
379 (a) "Assessment" has the same meaning as in Section 41-6a-501 .
380 (b) "Convicted" means:
381 (i) a conviction by entry of a plea of guilty or nolo contendere, guilty and mentally ill,
382 or no contest; and
383 (ii) conviction of any crime or offense.
384 (c) "Screening" has the same meaning as in Section 41-6a-501 .
385 (d) "Substance abuse treatment" means treatment obtained through a substance abuse
386 program that is licensed by the Office of Licensing within the Department of Human Services.
387 [(2) On and after July 1, 2005, through June 30, 2007, the courts of the Third Judicial
388 District located in Salt Lake County:]
389 [(a) shall order every offender convicted of a felony offense to participate in a
390 screening prior to sentencing;]
391 [(b) may order offenders screened under Subsection (2)(a) to participate in an
392 assessment prior to sentencing if the screening indicates an assessment to be appropriate; and]
393 [(c) shall order a maximum of 250 offenders assessed under Subsection (2)(b) and
394 sentenced to probation in Salt Lake County to participate in substance abuse treatment if:]
395 [(i) the assessment indicates treatment is appropriate; and]
396 [(ii) the court finds treatment to be appropriate for the offender.]
397 (2) On or after July 1, 2007, the court shall order every offender convicted of a felony

398 to:
399 (a) participate in a screening prior to sentencing;
400 (b) participate in an assessment prior to sentencing if the screening indicates an
401 assessment to be appropriate; and
402 (c) participate in substance abuse treatment if:
403 (i) the assessment indicates treatment to be appropriate;
404 (ii) the court finds treatment to be appropriate for the offender; and
405 (iii) the court finds the offender to be an appropriate candidate for community-based
406 supervision.
407 (3) The findings from any screening and any assessment conducted under this section
408 shall be part of the presentence investigation report submitted to the court prior to sentencing
409 of the offender.
410 (4) Monies appropriated by the Legislature to assist in the funding of the screening,
411 assessment, and substance abuse treatment provided under this section are not subject to any
412 requirement regarding matching funds from a state or local governmental entity.
413 Section 5. Section 77-27-9 is amended to read:
414 77-27-9. Parole proceedings.
415 (1) (a) The Board of Pardons and Parole may pardon or parole any offender or
416 commute or terminate the sentence of any offender committed to a penal or correctional facility
417 under the jurisdiction of the Department of Corrections for a felony or class A misdemeanor
418 except as provided in Subsection (2).
419 (b) The board may not release any offender before the minimum term has been served
420 unless the board finds mitigating circumstances which justify the release and unless the board
421 has granted a full hearing, in open session, after previous notice of the time and place of the
422 hearing, and recorded the proceedings and decisions of the board.
423 (c) The board may not pardon or parole any offender or commute or terminate the
424 sentence of any offender unless the board has granted a full hearing, in open session, after
425 previous notice of the time and place of the hearing, and recorded the proceedings and
426 decisions of the board.
427 (d) The release of an offender shall be at the initiative of the board, which shall
428 consider each case as the offender becomes eligible. However, a prisoner may submit his own

429 application, subject to the rules of the board promulgated in accordance with Title 63, Chapter
430 46a, Utah Administrative Rulemaking Act.
431 (2) (a) A person sentenced to prison prior to April 29, 1996, for a first degree felony
432 involving child kidnapping, a violation of Section 76-5-301.1 ; aggravated kidnapping, a
433 violation of Section 76-5-302 ; rape of a child, a violation of Section 76-5-402.1 ; object rape of
434 a child, a violation of Section 76-5-402.3 ; sodomy upon a child, a violation of Section
435 76-5-403.1 ; aggravated sexual abuse of a child, a violation of Subsection 76-5-404.1 (4);
436 aggravated sexual assault, a violation of Section 76-5-405 ; or a prior offense as described in
437 Section 76-3-407 , may not be eligible for release on parole by the Board of Pardons and Parole
438 until the offender has fully completed serving the minimum mandatory sentence imposed by
439 the court. This Subsection (2)(a) supersedes any other provision of law.
440 (b) The board may not parole any offender or commute or terminate the sentence of
441 any offender before the offender has served the minimum term for the offense, if the offender
442 was sentenced prior to April 29, 1996, and if:
443 (i) the offender was convicted of forcible sexual abuse, forcible sodomy, rape,
444 aggravated assault, kidnapping, aggravated kidnapping, or aggravated sexual assault as defined
445 in Title 76, Chapter 5, Offenses Against the Person; and
446 (ii) the victim of the offense was under 18 years of age at the time the offense was
447 committed.
448 (c) For a crime committed on or after April 29, 1996, the board may parole any
449 offender under Subsections (2)(b)(i) and (ii) for lifetime parole as provided in [Section
450 77-27-9 ] this section.
451 (d) The board may not pardon or parole any offender or commute or terminate the
452 sentence of any offender who is sentenced to life in prison without parole except as provided in
453 Subsection (6).
454 (e) On or after April 27, 1992, the board may commute a sentence of death only to a
455 sentence of life in prison without parole.
456 (f) The restrictions imposed in Subsections [ 77-27-9 ](2)(d) and (e) apply to all cases
457 that come before the Board of Pardons and Parole on or after April 27, 1992.
458 (g) (i) As used in this Subsection (2)(g):
459 (A) "Assessment" has the same meaning as in Section 41-6a-501 .

460 (B) "Screening" has the same meaning as in Section 41-6a-501 .
461 (C) "Substance abuse treatment" has the same meaning as in Section 77-18-1.1 .
462 (ii) Except as provided in Subsection (2)(g)(iii), the board may not parole any offender
463 who has not:
464 (A) participated in a screening within six months prior to the parole date; and
465 (B) participated in an assessment within six months prior to the parole date, if an
466 assessment is indicated to be appropriate by the screening.
467 (iii) The board may parole an offender who has not met the requirements of Subsection
468 (2)(g)(ii) upon the condition that the offender, within 45 days of being paroled:
469 (A) participates in a screening; and
470 (B) participates in an assessment if it is indicated to be appropriate by the screening.
471 (iv) When the board grants an offender parole, it shall order as a condition of parole
472 that the offender participate in substance abuse treatment if:
473 (A) the assessment conducted under this Subsection (2)(g) indicates substance abuse
474 treatment is appropriate; and
475 (B) the board finds the offender to be an appropriate candidate for community-based
476 supervision.
477 (v) Moneys appropriated by the Legislature for the funding of the screening,
478 assessment, and substance abuse treatment provided under this section are not subject to any
479 requirement regarding matching funds from a state or local governmental entity.
480 (3) (a) The board may issue subpoenas to compel the attendance of witnesses and the
481 production of evidence, to administer oaths, and to take testimony for the purpose of any
482 investigation by the board or any of its members or by a designated hearing examiner in the
483 performance of its duties.
484 (b) A person who willfully disobeys a properly served subpoena issued by the board is
485 guilty of a class B misdemeanor.
486 (4) (a) The board may adopt rules consistent with law for its government, meetings and
487 hearings, the conduct of proceedings before it, the parole and pardon of offenders, the
488 commutation and termination of sentences, and the general conditions under which parole may
489 be granted and revoked.
490 (b) The rules shall ensure an adequate opportunity for victims to participate at hearings

491 held under this chapter, as provided in Section 77-27-9.5 .
492 (c) The rules may allow the board to establish reasonable and equitable time limits on
493 the presentations by all participants in hearings held under this chapter.
494 (5) The board does not provide counseling or therapy for victims as a part of their
495 participation in any hearing under this chapter.
496 (6) The board may parole a person sentenced to life in prison without parole if the
497 board finds by clear and convincing evidence that the person is permanently incapable of being
498 a threat to the safety of society.
499 Section 6. Appropriation.
500 (1) (a) As an ongoing appropriation subject to future budget constraints, there is
501 appropriated from the General Fund for fiscal year 2007-08, $27,000 to the Commission on
502 Criminal and Juvenile Justice to be used for administration, research, and evaluation of the
503 Drug Offender Reform Act, as defined in Subsection 63-25a-205.5 (1); and
504 (b) as a one time appropriation from the General Fund, ($3,000) for fiscal year 2007-08
505 to the Commission on Criminal and Juvenile Justice.
506 (2) (a) As an ongoing appropriation subject to future budget constraints, there is
507 appropriated from the General Fund for fiscal year 2007-08, $3,419,500 to the Department of
508 Corrections to be used for drug abuse treatment of offenders in prison, and supervision of
509 offenders placed in the community under Sections 63-25a-205.5 and 77-18-1.1 , including
510 assessments, case management, and drug testing; and
511 (b) as a one time appropriation from the General Fund, ($379,900) for fiscal year
512 2007-08 to the Department of Corrections.
513 (3) (a) As an ongoing appropriation subject to future budget constraints, there is
514 appropriated from the General Fund for fiscal year 2007-08, $5,456,300 to the Department of
515 Human Services to be used for drug abuse treatment of criminal offenders, including
516 assessments, case management, and drug testing; and
517 (b) as a one time appropriation from the General Fund, ($606,300) for fiscal year
518 2007-08 to the Department of Human Services.
519 (4) (a) As an ongoing appropriation subject to future budget constraints, there is
520 appropriated from the General Fund for fiscal year 2007-08, $56,700 to the Administrative
521 Office of the Courts to be used for the costs of court clerks; and

522 (b) as a one time appropriation from the General Fund, ($6,300) for fiscal year 2007-08
523 to the Administrative Office of the Courts.
524 (5) (a) As an ongoing appropriation subject to future budget constraints, there is
525 appropriated from the General Fund for fiscal year 2007-08, $40,500 to the Board of Pardons
526 and Parole to be used for processing and case analysis; and
527 (b) as a one time appropriation from the General Fund, ($4,500) for fiscal year 2007-08
528 to the Board of Pardons and Parole.
529 (6) The appropriations under this section are nonlapsing.
530 Section 7. Effective date.
531 This bill takes effect on July 1, 2007.