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H.B. 154 Enrolled

                 

EXPANSION OF DNA DATABASE

                 
2002 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Glenn L. Way

                  This act amends the Public Safety Code regarding the collection of DNA specimens and the
                  functions of the Bureau of Forensic Services regarding collection of these specimens. The
                  act expands the number of offenses for which a DNA specimen may be collected for the state
                  criminal identification data base and includes saliva as an acceptable DNA specimen, in
                  addition to blood. The act also requires DNA specimens be obtained from juveniles found
                  to have committed a felony. The act provides that collection of the offender's payment of a
                  fee for collection of the specimen is second in priority to victim restitution. The act creates
                  the DNA Specimen Restricted Account and specifies funding sources and uses of the account.
                  The effective date of this act is July 1, 2002.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      17-22-2, as last amended by Chapter 133, Laws of Utah 2000
                      17-22-2.5, as renumbered and amended by Chapter 46, Laws of Utah 2001
                      53-10-403, as last amended by Chapter 302, Laws of Utah 1999
                      53-10-404, as renumbered and amended by Chapter 263, Laws of Utah 1998
                      53-10-405, as renumbered and amended by Chapter 263, Laws of Utah 1998
                      53-10-406, as renumbered and amended by Chapter 263, Laws of Utah 1998
                      62A-7-104, as last amended by Chapter 363, Laws of Utah 1999
                      64-13-21, as last amended by Chapter 282, Laws of Utah 1998
                      64-13-23, as last amended by Chapter 217, Laws of Utah 1992
                      64-13-30, as last amended by Chapter 119, Laws of Utah 1998
                      77-38a-404, as enacted by Chapter 137, Laws of Utah 2001
                      78-3a-118, as last amended by Chapters 255 and 293, Laws of Utah 2001
                  ENACTS:
                      53-10-403.5, Utah Code Annotated 1953


                      53-10-406.5, Utah Code Annotated 1953
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 17-22-2 is amended to read:
                       17-22-2. Sheriff -- General duties.
                      (1) The sheriff shall:
                      (a) preserve the peace;
                      (b) make all lawful arrests;
                      (c) attend in person or by deputy the Supreme Court and the Court of Appeals when required
                  or when the court is held within his county, all courts of record, and court commissioner and referee
                  sessions held within his county, obey their lawful orders and directions, and comply with the court
                  security rule, Rule 3-414, of the Utah Code of Judicial Administration;
                      (d) upon request of the juvenile court, aid the court in maintaining order during hearings and
                  transport a minor to and from youth corrections facilities, other institutions, or other designated
                  places;
                      (e) attend county justice courts if the judge finds that the matter before the court requires the
                  sheriff's attendance for security, transportation, and escort of jail prisoners in his custody, or for the
                  custody of jurors;
                      (f) command the aid of as many inhabitants of his county as he considers necessary in the
                  execution of these duties;
                      (g) take charge of and keep the county jail and the jail prisoners;
                      (h) receive and safely keep all persons committed to his custody, file and preserve the
                  commitments of those persons, and record the name, age, place of birth, and description of each
                  person committed;
                      (i) release on the record all attachments of real property when the attachment he receives has
                  been released or discharged;
                      (j) endorse on all process and notices the year, month, day, hour, and minute of reception,
                  and, upon payment of fees, issue a certificate to the person delivering process or notice showing the
                  names of the parties, title of paper, and the time of receipt;

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                      (k) serve all process and notices as prescribed by law;
                      (l) if he makes service of process or notice, certify on the process or notices the manner,
                  time, and place of service, or, if he fails to make service, certify the reason upon the process or
                  notice, and return them without delay;
                      (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public land
                  within his county;
                      (n) perform as required by any contracts between the county and private contractors for
                  management, maintenance, operation, and construction of county jails entered into under the
                  authority of Section 17-53-311 ;
                      (o) manage search and rescue services in his county; [and]
                      (p) obtain saliva DNA specimens as required under Section 53-10-404 ; and
                      [(p)] (q) perform any other duties that are required by law.
                      (2) Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other
                  subsection under Subsection (1) is a class A misdemeanor.
                      Section 2. Section 17-22-2.5 is amended to read:
                       17-22-2.5. Fees of sheriff.
                      (1) The sheriff shall receive the following fees:
                      (a) for serving a notice, rule, order, subpoena, garnishment, summons, or summons and
                  complaint, or garnishee execution, or other process by which an action or proceeding is commenced,
                  on each defendant, including copies when furnished by plaintiff, $6;
                      (b) for taking or approving a bond or undertaking in any case in which he is authorized to
                  take or approve a bond or undertaking, including justification, $2;
                      (c) for a copy of any writ, process or other paper when demanded or required by law, for
                  each folio, 50 cents;
                      (d) for serving an attachment on property, or levying an execution, or executing an order of
                  arrest or an order for the delivery of personal property, including copies when furnished by plaintiff,
                  $25;
                      (e) for taking and keeping possession of and preserving property under attachment or

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                  execution or other process, the amount the court orders to a maximum of $5 per day;
                      (f) for advertising property for sale on execution, or any judgment, or order of sale, exclusive
                  of the cost of publication, $5;
                      (g) for drawing and executing a sheriff's deed or a certificate of redemption, exclusive of
                  acknowledgment, $5, to be paid by the grantee;
                      (h) for recording each deed, conveyance, or other instrument affecting real estate, exclusive
                  of the cost of recording, $2, to be paid by the grantee;
                      (i) for serving a writ of possession or restitution, and putting any person entitled to
                  possession into possession of premises, and removing occupant, $25;
                      (j) for holding each trial of right of property, to include all services in the matter, except
                  mileage, $15;
                      (k) for conducting, postponing, or canceling a sale of property, $5;
                      (l) for taking a prisoner in civil cases from prison before a court or magistrate, for each mile
                  necessarily traveled, in going only, $1;
                      (m) for taking a prisoner from the place of arrest to prison, in civil cases, or before a court
                  or magistrate, for each mile necessarily traveled, in going only, $1;
                      (n) for receiving and paying over money on execution or other process, as follows:
                      (i) if the amount collected does not exceed $1,000, 2% of this amount, with a minimum of
                  $1; and
                      (ii) if the amount collected exceeds $1,000, 2% on the first $1,000 and 1-1/2% on the
                  balance; and
                      (o) for executing in duplicate a certificate of sale, exclusive of filing it, $5.
                      (2) The fees allowed by Subsection (1)(f) for the levy of execution and for advertising shall
                  be collected from the judgment debtor as part of the execution in the same manner as the sum
                  directed to be made.
                      (3) When serving an attachment on property, an order of arrest, or an order for the delivery
                  of personal property, the sheriff may only collect traveling fees for the distance actually traveled
                  beyond the distance required to serve the summons if the attachment or those orders:

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                      (a) accompany the summons in the action; and
                      (b) may be executed at the time of the service of the summons.
                      (4) (a) (i) When traveling generally to serve notices, orders, process, or other papers, the
                  sheriff may receive $1 for each mile necessarily traveled, in going only, computed from the
                  courthouse for each person served.
                      (ii) When transmitting notices, orders, process, or other papers by mail, the sheriff may
                  receive $1 for each mile necessarily traveled, in going only, computed from the post office where
                  received for each person served.
                      (b) The sheriff may only charge one mileage fee if any two or more papers are required to
                  be served in the same action or proceeding at the same time and at the same address.
                      (c) If it is necessary to make more than one trip to serve any notice, order, process, or other
                  paper, the sheriff may not collect more than two additional mileage charges.
                      (5) (a) For delivering an insane person to the Utah State Hospital, when the cost of delivery
                  is payable by private individuals, the sheriff may collect $1 per mile for the distance from the county
                  seat of his county to the Utah State Hospital.
                      (b) If the sheriff requires assistance to deliver the person to the Utah State Hospital, the
                  sheriff may also charge the actual and necessary cost of that assistance.
                      (6) For obtaining a saliva DNA specimen under Section 53-10-404 , the sheriff shall collect
                  the fee of $75 in accordance with Section 53-10-404 .
                      Section 3. Section 53-10-403 is amended to read:
                       53-10-403. DNA specimen analysis -- Application to offenders, including minors.
                      (1) Sections 53-10-404 , 53-10-405 , and 53-10-406 apply to any person who has pled guilty
                  to or has been convicted of any of the [following] offenses[:] under Subsection (2) or is a minor
                  under Subsection (3).
                      [(1) unlawful sexual activity with minor, sexual abuse of a minor, unlawful sexual conduct
                  with a 16 or 17 year old, rape, rape of a child, object rape, object rape of a child, forcible sodomy,
                  sodomy of a child, forcible sexual abuse, sexual abuse of a child or aggravated sexual abuse of a
                  child, aggravated sexual assault, sexual abuse without consent of the victim, incest, sexual

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                  exploitation of a minor; or]
                      [(2) murder or aggravated murder.]
                      (2) Offenses referred to in Subsection (1) are:
                      (a) any felony under Title 76, Utah Criminal Code, and any violation of Section 76-5-401.1 ,
                  sexual abuse of a minor;
                      (b) an attempt to commit a burglary, or any class A burglary offense; or
                      (c) any offense under Subsection (2)(a) or (b):
                      (i) for which the court enters a judgment for conviction to a lower degree of offense under
                  Section 76-3-402 ; or
                      (ii) regarding which the court allows the defendant to enter a plea in abeyance as defined in
                  Section 77-2a-1 .
                      (3) A minor under Subsection (1) is a minor 14 years of age or older, whom the court has
                  adjudicated to be within the jurisdiction of the juvenile court due to the commission of any offense
                  described in Subsection (2).
                      Section 4. Section 53-10-403.5 is enacted to read:
                      53-10-403.5. Definitions.
                      As used in Sections 53-10-404 , 53-10-405 , and 53-10-406 :
                      (1) "DNA" means deoxyribonucleic acid.
                      (2) "DNA specimen" or "specimen" means a sample of a person's saliva or blood.
                      Section 5. Section 53-10-404 is amended to read:
                       53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.
                      (1) As used in this section, "person" refers to any person described under Section 53-10-403 .
                      [(1)] (2) A person [convicted of an offense listed in] under Section 53-10-403 or any person
                  added to the sex offender register as defined in Section 77-27-21.5 shall provide a [blood sample at
                  the request of the appropriate agency designated in Subsection (4)] DNA specimen.
                      [(2)] (3) (a) The court shall include in the judgment of conviction an order stating that a
                  [blood sample] DNA specimen shall be [drawn at the request of the appropriate agency] obtained
                  and, unless the [convicted] person lacks the ability to pay, he shall reimburse the [appropriate]

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                  responsible agency $75 for the cost of [drawing and transmitting the blood sample] obtaining the
                  DNA specimen.
                      (b) All fees collected under Subsection (3)(a) shall be deposited in the DNA Specimen
                  Restricted Account created in Section 53-10-406.5 , except that sheriffs collecting the fee shall
                  deposit $60 of the fee in the DNA Specimen Restricted Account and retain the balance of $15 for
                  the costs of obtaining the saliva DNA specimen.
                      (c) Obtaining a saliva DNA specimen complies with the court order under Subsection (3)(a),
                  or Subsection 17-22-2 (1)(p), 62A-7-104 (18), or 78-3a-118 (4) unless the court specifies in the order
                  that the DNA specimen is to be blood.
                      [(b)] (d) If the judgment places the [convicted] person on probation, the court shall order him
                  to submit to the [drawing of a blood sample] obtaining of a DNA specimen as a condition of the
                  probation.
                      (e) Under this section a person is required to provide one DNA specimen. The person shall
                  provide an additional DNA specimen only if the DNA specimen previously provided is not adequate
                  for analysis.
                      [(3)] (4) (a) The [appropriate] responsible agency shall cause a [blood sample] DNA
                  specimen to be [drawn] obtained as soon as possible after conviction, plea, or finding of jurisdiction
                  by the juvenile court, and transmitted to the Department of Public Safety.
                      (b) If notified by the Department of Public Safety that a [sample] DNA specimen is not
                  adequate for analysis, the agency shall [draw] obtain and transmit an additional [sample] DNA
                  specimen.
                      [(4)]     (5) (a) The Department of Corrections is the [appropriate] responsible agency
                  whenever the [convicted] person is committed to the custody of or is under the supervision of the
                  Department of Corrections. [In all other cases, the appropriate agency is the law enforcement agency
                  attending upon the court.]
                      (b) The juvenile court is the responsible agency regarding a minor under Subsection
                  53-10-403 (3), but if the minor has been committed to the legal custody of the Division of Youth
                  Corrections, that division is the responsible agency if a DNA specimen of the minor has not

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                  previously been obtained by the juvenile court under Section 78-3a-118 .
                      (c) (i) The sheriff operating a county jail is the responsible agency regarding the collection
                  of DNA specimens from persons incarcerated in the county jail:
                      (A) as a condition of probation for a felony offense; or
                      (B) for a class A burglary offense.
                      (ii) The sheriff shall designate employees to obtain the saliva DNA specimens required under
                  Section 53-10-403 . The sheriff shall ensure that employees designated to collect the DNA
                  specimens receive appropriate training and that the specimens are obtained in accordance with
                  accepted protocol.
                      (6) (a) As used in this Subsection (6), "department" means the Department of Corrections.
                      (b) Priority of obtaining DNA specimens by the department is:
                      (i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custody of
                  or under the supervision of the department before these persons are released from incarceration,
                  parole, or probation, if their release date is prior to that of persons under Subsections (6)(b)(ii), but
                  in no case later than July 1, 2004; and
                      (ii) second, the department shall obtain DNA specimens from persons who are committed
                  to the custody of the department or who are placed under the supervision of the department after July
                  1, 2002, within 120 days after the commitment, if possible, but not later than prior to release from
                  incarceration if the person is imprisoned, or prior to the termination of probation if the person is
                  placed on probation.
                      (c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii) is:
                      (i) persons on probation;
                      (ii) persons on parole; and
                      (iii) incarcerated persons.
                      (d) Implementation of the schedule of priority under Subsection (6)(c) is subject to the
                  priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains DNA specimens
                  from persons in the custody of or under the supervision of the Department of Corrections as of July
                  1, 2002, prior to their release.

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                      (7) (a) As used in this Subsection (7), "court" means the juvenile court and "division" means
                  the Division of Youth Corrections.
                      (b) Priority of obtaining DNA specimens by the court from minors under Section 53-10-403
                  who are under the jurisdiction of the court but who are not in the legal custody of the division shall
                  be:
                      (i) first, to obtain specimens from minors who as of July 1, 2002, are within the court's
                  jurisdiction, prior to termination of the court's jurisdiction over these minors; and
                      (ii) second, to obtain specimens from minors who are found to be within the court's
                  jurisdiction after July 1, 2002, within 120 days of the minor's being found to be within the court's
                  jurisdiction, if possible, but not later than prior to termination of the court's jurisdiction over the
                  minor.
                      (c) Priority of obtaining DNA specimens by the division from minors under Section
                  53-10-403 who are committed to the legal custody of the division shall be:
                      (i) first, to obtain specimens from minors who as of July 1, 2002, are within the division's
                  legal custody and who have not previously provided a DNA specimen under this section, prior to
                  termination of the division's legal custody of these minors; and
                      (ii) second, to obtain specimens from minors who are placed in the legal custody of the
                  division after July 1, 2002, within 120 days of the minor's being placed in the custody of the division,
                  jurisdiction, if possible, but not later than prior to termination of the court's jurisdiction over the
                  minor.
                      (8) (a) The Department of Corrections, the juvenile court, and the Division of Youth
                  Corrections shall by rule establish procedures for obtaining saliva DNA specimens, and shall provide
                  training for employees designated to collect saliva DNA specimens.
                      (b) The department may designate correctional officers, including those employed by the
                  adult probation and parole section of the Department of Corrections, to obtain the saliva DNA
                  specimens required under this section. The department shall ensure that the designated employees
                  receive appropriate training and that the specimens are obtained in accordance with accepted
                  protocol.

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                      (c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405 .
                      Section 6. Section 53-10-405 is amended to read:
                       53-10-405. DNA specimen analysis -- Saliva sample to be obtained by agency -- Blood
                  sample to be drawn by professional.
                      (1) (a) A blood sample shall be drawn in a medically acceptable manner by a licensed
                  professional nurse, a licensed practical nurse, a paramedic, a qualified medical technician, a licensed
                  physician, or other person licensed by the state [of Utah] for this purpose.
                      [(2)] (b) A person authorized by this section to draw a blood sample [shall] may not be held
                  civilly liable for drawing a sample in a medically acceptable manner.
                      (2) (a) A saliva sample shall be obtained by the responsible agency, as provided under
                  Subsection 53-10-404 (5).
                      (b) The sample shall be obtained in a professionally acceptable manner, using appropriate
                  procedures to ensure the sample is adequate for DNA analysis.
                      (3) [No] A test result or opinion based upon a test result [shall] regarding a DNA specimen
                  may not be rendered inadmissible as evidence solely because of deviations from procedures adopted
                  by the department that do not affect the reliability of the opinion or test result.
                      (4) [No sample] A DNA specimen is not required to be [drawn] obtained if:
                      (a) the department notifies the court or the [appropriate] responsible agency that it has
                  previously received an adequate [blood sample drawn] DNA specimen obtained from the convicted
                  person in accordance with this section; or
                      (b) the court determines that [drawing a sample] obtaining a DNA specimen would create
                  a substantial and unreasonable risk to the health of the convicted person.
                      Section 7. Section 53-10-406 is amended to read:
                       53-10-406. DNA specimen analysis -- Bureau responsibilities.
                      (1) The bureau shall:
                      (a) store all [blood samples] DNA specimens received and [autoradiographs and] other
                  physical evidence obtained from analysis of those [samples] specimens;
                      (b) analyze the [samples] specimens to establish the genetic profile of the donor or to

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                  otherwise determine the identity of persons or contract with other qualified public or private
                  laboratories to conduct the analysis;
                      (c) maintain a criminal identification data base containing information derived from [blood]
                  DNA analysis;
                      (d) utilize the [samples] specimens to create statistical population frequency data bases,
                  provided that genetic profiles or other information in a population frequency data base may not be
                  identified with specific individuals; [and]
                      (e) ensure that the DNA identification system does not provide information allowing
                  prediction of genetic disease or predisposition to illness; and
                      [(e)] (f) make rules in accordance with Title 63, Chapter 46a, Utah Administrative
                  Rulemaking Act, establishing procedures for [drawing] obtaining, transmitting, and analyzing [blood
                  samples] DNA specimens and for storing and destroying [blood samples, autoradiographs] DNA
                  specimens and other physical evidence and criminal identification information obtained from [such]
                  the analysis.
                      (2) Procedures for [blood] DNA analysis may include all techniques which the Department
                  of Public Safety determines are accurate and reliable in establishing identity, including but not
                  limited to, analysis of DNA [(deoxyribonucleic acid)], antigen antibodies, polymorphic enzymes,
                  or polymorphic proteins.
                      (3) (a) In accordance with Subsection 63-2-302 (1), all [samples] DNA specimens received
                  shall be classified as private [and the].
                      (b) The Department of Public Safety may not transfer or disclose any [sample,
                  autoradiograph] DNA specimen, physical evidence, or criminal identification information obtained,
                  stored, or maintained under this section, except under its provisions.
                      (4) Notwithstanding the provisions of Subsection 63-2-202 (1), the department may deny
                  inspection if it determines that there is a reasonable likelihood that [such] the inspection would
                  prejudice a pending criminal investigation.
                      (5) The department shall adopt procedures governing the inspection of records, [samples,
                  and autoradiographs] DNA specimens, and challenges to the accuracy of records. The procedures

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                  shall accommodate the need to preserve the materials from contamination and destruction.
                      (6) (a) Whenever a court reverses the conviction, judgment, or order that created an
                  obligation to provide a [blood sample] DNA specimen, the person who provided the [sample]
                  specimen may request destruction of the [sample] specimen and any criminal identification record
                  created in connection with that [sample] specimen.
                      (b) Upon receipt of a written request for destruction pursuant to this section and a certified
                  copy of the court order reversing the conviction, judgment, or order, the Department of Public Safety
                  shall destroy any [sample] specimen received from the person, any physical evidence obtained from
                  that [sample] specimen, and any criminal identification records pertaining to the person, unless the
                  department determines that the person has otherwise become obligated to submit a [blood sample]
                  DNA specimen as a result of a separate conviction or juvenile adjudication for an offense listed in
                  Section 53-10-403 .
                      (7) The department is not required to destroy [an autoradiograph or other] any item of
                  physical evidence obtained from a [blood sample] DNA specimen if evidence relating to another
                  person subject to the provisions of Sections 53-10-404 and 53-10-405 would [thereby] as a result
                  be destroyed.
                      (8) A [sample, autoradiograph] DNA specimen, physical evidence, or criminal identification
                  record may not be affected by an order to set aside a conviction, except under the provisions of this
                  section.
                      (9) If funding is not available for analysis of any of the DNA specimens collected under this
                  part, the bureau shall store the collected specimens until funding is made available for analysis
                  through state or federal funds.
                      Section 8. Section 53-10-406.5 is enacted to read:
                      53-10-406.5. DNA Specimen Restricted Account.
                      (1) There is created the DNA Specimen Restricted Account, which is referred to in this
                  section as "the account."
                      (2) The sources of monies for the account are:
                      (a) DNA collection fees paid under Section 53-10-404 ;

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                      (b) any appropriations made to the account by the Legislature; and
                      (c) all federal monies provided to the state for the purpose of funding the collection or
                  analysis of DNA specimens collected under Section 53-10-403 .
                      (3) The account shall earn interest, and this interest shall be deposited in the account.
                      (4) The Legislature may appropriate monies from the account solely for the following
                  purposes:
                      (a) to the Department of Corrections for the costs of collecting DNA specimens as required
                  under Section 53-10-403 ;
                      (b) to the juvenile court for the costs of collecting DNA specimens as required under
                  Sections 53-10-403 and 78-3a-118 ;
                      (c) to the Division of Youth Corrections for the costs of collecting DNA specimens as
                  required under Sections 53-10-403 and 62A-7-104 ; and
                      (d) to the Department of Public Safety for the costs of storing and analyzing DNA specimens
                  in accordance with the requirements of this part.
                      (5) Appropriations from the account to the Department of Corrections, the juvenile court,
                  the Division of Youth Corrections, and to the Department of Public Safety are nonlapsing.
                      Section 9. Section 62A-7-104 is amended to read:
                       62A-7-104. Division responsibilities.
                      (1) The division is responsible for all youth offenders committed to it by juvenile courts for
                  secure confinement or supervision and treatment in the community.
                      (2) The division shall establish and maintain all detention and secure facilities and set
                  minimum standards for those facilities.
                      (3) (a) The division shall, in accordance with Title 63, Chapter 46a, Utah Administrative
                  Rulemaking Act, promulgate written statewide rules as guidelines for admission to secure detention
                  and home detention.
                      (b) The division shall implement those rules as guidelines and provide training regarding the
                  implementation of those guidelines to law enforcement agencies, division employees, juvenile court
                  employees, and to other affected agencies and individuals upon their request.

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                      (4) The division shall establish and administer a continuum of community, secure, and
                  nonsecure programs for all youth offenders committed to the division.
                      (5) The division shall establish and administer Juvenile Receiving Centers, Juvenile
                  Assessment Programs, and other programs to provide temporary custody, care, risk-needs
                  assessments, evaluations, and control for nonadjudicated youth placed with the division.
                      (6) The division shall place youth offenders committed to it in the most appropriate program
                  for supervision and treatment.
                      (7) The division shall establish and maintain all secure residential facilities.
                      (8) In any order committing a youth offender to the division, the juvenile court shall specify
                  whether the youth offender is being committed for secure confinement or placement in a
                  community-based program. The division shall place the youth offender in the most appropriate
                  program within the category specified by the court.
                      (9) The division shall employ staff necessary to:
                      (a) supervise and control youth offenders in secure facilities or in the community;
                      (b) supervise and coordinate treatment of youth offenders committed to the division for
                  placement in community-based programs; and
                      (c) control and supervise nonadjudicated youth placed with the division for temporary
                  services in receiving centers and other programs established by the division.
                      (10) The division shall establish observation and assessment programs necessary to serve
                  youth offenders committed by the juvenile court for short-term observation under Subsection
                  78-3a-118 (2)(e). Whenever possible, those programs shall be conducted in settings separate and
                  distinct from secure facilities for youth offenders.
                      (11) Youth in the custody or temporary custody of the division are controlled or detained in
                  a manner consistent with public safety and rules promulgated by the division. In the event of an
                  unauthorized leave from a secure facility, detention center, community-based program, receiving
                  center, home, or any other designated placement, division employees have the authority and duty to
                  locate and apprehend the youth, or to initiate action with local law enforcement agencies for
                  assistance.

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                      (12) The director of the division shall appoint regional directors within the various juvenile
                  court districts. Regional directors shall administer community-based programs, secure facilities,
                  other division programs, and shall have experience in corrections, behavioral sciences, law,
                  criminology, or related fields, and in administration.
                      (13) The division shall establish and operate compensatory-service work programs designed
                  to place youth offenders in public or private service work projects for the purpose of rehabilitation,
                  education, and restitution to victims.
                      (14) The division may establish and operate compensatory-service work programs for youth
                  offenders committed to the division by the juvenile court. The compensatory-service work program
                  shall:
                      (a) provide labor to help in the operation, repair, and maintenance of public facilities, parks,
                  highways, and other programs designated by the division;
                      (b) provide educational and prevocational programs in cooperation with the State Board of
                  Education for youth offenders placed in the program; and
                      (c) provide counseling to youth offenders.
                      (15) The division shall establish minimum standards for the operation of all private
                  residential and nonresidential rehabilitation facilities which provide services to juveniles who have
                  committed a delinquent act, in this state or in any other state.
                      (16) In accordance with policies established by the board, the division shall provide regular
                  training for staff of secure facilities, detention staff, case management staff, and staff of the
                  community-based programs.
                      (17) The division is authorized to employ special function officers, as defined in Section
                  53-13-105 , to locate and apprehend absconders from division custody, transport minors taken into
                  custody pursuant to division policy, investigate cases, and carry out other duties as assigned by the
                  division. Special function officers may be employed through contract with the Department of Public
                  Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
                      (18) The division shall designate employees to obtain the saliva DNA specimens required
                  under Section 53-10-403 . The division shall ensure that the designated employees receive

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                  appropriate training and that the specimens are obtained in accordance with accepted protocol.
                      Section 10. Section 64-13-21 is amended to read:
                       64-13-21. Supervision of sentenced offenders placed in community -- Rulemaking --
                  POST certified parole or probation officers and peace officers -- Duties -- DNA collection fee
                  -- Supervision fee.
                      (1) (a) The department, except as otherwise provided by law, shall supervise sentenced
                  offenders placed in the community on probation by the courts, on parole by the Board of Pardons
                  and Parole, or upon acceptance for supervision under the terms of the Interstate Compact for the
                  Supervision of Parolees and Probationers.
                      (b) Standards for the supervision of offenders shall be established by the department in
                  accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, giving priority, based
                  on available resources, to felony offenders.
                      (2) Employees of the department who are POST certified as law enforcement officers or
                  correctional officers and who are designated as parole and probation officers by the executive
                  director have the following duties:
                      (a) monitoring, investigating, and supervising a parolee's or probationer's compliance with
                  the conditions of the parole or probation agreement;
                      (b) investigating or apprehending any offender who has escaped from the custody of the
                  department or absconded from supervision;
                      (c) providing investigative services for the courts, the department, or the Board of Pardons
                  and Parole; [or]
                      (d) supervising any offender during transportation; or
                      (e) collecting DNA specimens when the specimens are required under Section 53-10-404 .
                      (3) (a) A monthly supervision fee of $30 shall be collected from each offender on probation
                  or parole. The fee may be suspended or waived by the department upon a showing by the offender
                  that imposition would create a substantial hardship or if the offender owes restitution to a victim.
                      (b) (i) The department shall make rules in accordance with Title 63, Chapter 46a, Utah
                  Administrative Rulemaking Act, specifying the criteria for suspension or waiver of the supervision

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                  fee and the circumstances under which an offender may request a hearing.
                      (ii) In determining whether the imposition of the supervision fee would constitute a
                  substantial hardship, the department shall consider the financial resources of the offender and the
                  burden that the fee would impose, with regard to the offender's other obligations.
                      Section 11. Section 64-13-23 is amended to read:
                       64-13-23. Offender's income and finances.
                      The department may require each offender, while in the custody of the department or while
                  on probation or parole, to place funds received or earned by him from any source into an account
                  administered by the department or into a joint account with the department at a federally insured
                  financial institution.
                      (1) The department may require each offender to maintain a minimum balance in either or
                  both accounts for the particular offender's use upon discharge from the custody of the department
                  or upon completion of parole or probation.
                      (2) If the funds are placed in a joint account at a federally insured financial institution:
                      (a) any interest accrues to the benefit of the offender account; and
                      (b) the department may require that the signatures of both the offender and a departmental
                  representative be submitted to the financial institution to withdraw funds from the account.
                      (3) If the funds are placed in an account administered by the department, the department may
                  by rule designate a certain portion of the offender's funds as interest-bearing savings, and another
                  portion as noninterest-bearing to be used for day-to-day expenses.
                      (4) The department may withhold part of the offender's funds in either account for expenses
                  of:
                      (a) incarceration, supervision, or treatment; [for]
                      (b) court-ordered restitution, reparation, fines, alimony, support payments, or similar
                  court-ordered payments; [for]
                      (c) obtaining the offender's DNA specimen, if the offender is required under Section
                  53-10-404 to provide a specimen;
                      (d) department-ordered restitution; and [for]

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                      (e) any other debt to the state.
                      (5) (a) Offenders [shall] may not be granted free process in civil actions, including petitions
                  for a writ of habeas corpus, if, at any time from the date the cause of action arose through the date
                  the cause of action remains pending, there are any funds in either account which have not been
                  withheld or are not subject to withholding under Subsection (3) or (4).
                      (b) The amount assessed for the filing fee, service of process and other fees and costs shall
                  not exceed the total amount of funds the offender has in excess of the indigence threshold established
                  by the department but not less than $25 including the withholdings under Subsection (3) or (4)
                  during the identified period of time.
                      (c) The amounts assessed shall not exceed the regular fees and costs provided by law.
                      (6) The department may disclose information on offender accounts to the Office of Recovery
                  Services and other appropriate state agencies.
                      Section 12. Section 64-13-30 is amended to read:
                       64-13-30. Expenses incurred by offenders -- Payment to department or county jail.
                      (1) (a) The department shall establish and collect from offenders on work release programs
                  reasonable costs of maintenance, transportation, and incidental expenses incurred by the department
                  on behalf of the offenders.
                      (b) Priority shall be given to restitution and family support obligations.
                      (c) The offender's reimbursement to the department for the cost of obtaining the offender's
                  DNA specimen, under Section 53-10-404 is the next priority after Subsection (1)(b).
                      (2) The department, under its rules, may advance funds to any offender as necessary to
                  establish the offender in a work release program.
                      (3) The department or county jail may require an inmate to make a reasonable copayment
                  for medical services provided by the department or county jail. An inmate may not be denied
                  medical treatment if he is unable to pay the copayment because of inadequate financial resources.
                      Section 13. Section 77-38a-404 is amended to read:
                       77-38a-404. Priority.
                      (1) If restitution to more than one person, agency, or entity is set at the same time, the

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                  department shall establish the following priorities of payment, except as provided in Subsection (2):
                      (a) the crime victim;
                      (b) the Office of Crime Victim Reparations;
                      (c) any other government agency which has provided reimbursement to the victim as a result
                  of the offender's criminal conduct; and
                      (d) any insurance company which has provided reimbursement to the victim as a result of
                  the offender's criminal conduct.
                      (2) If the offender is required under Section 53-10-404 to reimburse the department for the
                  cost of obtaining the offender's DNA specimen, this reimbursement is the next priority after
                  restitution to the crime victim under Subsection (1)(a).
                      [(2)] (3) All money collected for court-ordered obligations from offenders by the department
                  will be applied:
                      (a) first, to victim restitution[, absent], except the $30 per month required to be collected by
                  the department under Section 64-13-21 , if applicable; and
                      (b) second, if applicable, to the cost of obtaining a DNA specimen under Subsection (2).
                      Section 14. Section 78-3a-118 is amended to read:
                       78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
                  Enumeration of possible court orders -- Considerations of court -- Obtaining DNA sample.
                      (1) (a) When a minor is found to come within the provisions of Section 78-3a-104 , the court
                  shall so adjudicate. The court shall make a finding of the facts upon which it bases its jurisdiction
                  over the minor. However, in cases within the provisions of Subsection 78-3a-104 (1), findings of fact
                  are not necessary.
                      (b) If the court adjudicates a minor for a crime of violence or an offense in violation of Title
                  76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided to the
                  school superintendent of the district in which the minor resides or attends school. Notice shall be
                  made to the district superintendent within three days of the adjudication and shall include the specific
                  offenses for which the minor was adjudicated.
                      (2) Upon adjudication the court may make the following dispositions by court order:

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                      (a) (i) The court may place the minor on probation or under protective supervision in the
                  minor's own home and upon conditions determined by the court, including compensatory service as
                  provided in Section 78-11-20.7 .
                      (ii) The court may place the minor in state supervision with the probation department of the
                  court, under the legal custody of:
                      (A) his parent or guardian;
                      (B) the Division of Youth Corrections; or
                      (C) the Division of Child and Family Services.
                      (iii) If the court orders probation or state supervision, the court shall direct that notice of its
                  order be provided to designated persons in the local law enforcement agency and the school or
                  transferee school, if applicable, which the minor attends. The designated persons may receive the
                  information for purposes of the minor's supervision and student safety.
                      (iv) Any employee of the local law enforcement agency and the school which the minor
                  attends who discloses the court's order of probation is not:
                      (A) civilly liable except when the disclosure constitutes fraud or malice as provided in
                  Section 63-30-4 ; and
                      (B) civilly or criminally liable except when the disclosure constitutes a knowing violation
                  of Section 63-2-801 .
                      (b) The court may place the minor in the legal custody of a relative or other suitable person,
                  with or without probation or protective supervision, but the juvenile court may not assume the
                  function of developing foster home services.
                      (c) (i) The court may:
                      (A) vest legal custody of the minor in the Division of Child and Family Services, Division
                  of Youth Corrections, or the Division of Mental Health; and
                      (B) order the Department of Human Services to provide dispositional recommendations and
                  services.
                      (ii) For minors who may qualify for services from two or more divisions within the
                  Department of Human Services, the court may vest legal custody with the department.

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                      (iii) (A) Minors who are committed to the custody of the Division of Child and Family
                  Services on grounds other than abuse or neglect are subject to the provisions of Title 78, Chapter 3a,
                  Part 3A, Minors in Custody on Grounds Other Than Abuse or Neglect, and Title 62A, Chapter 4a,
                  Part 2A, Minors in Custody on Grounds Other Than Abuse or Neglect.
                      (B) Prior to the court entering an order to place a minor in the custody of the Division of
                  Child and Family Services on grounds other than abuse or neglect, the court shall provide the
                  division with notice of the hearing no later than five days before the time specified for the hearing
                  so the division may attend the hearing.
                      (C) Prior to committing a minor to the custody of the Division of Child and Family Services,
                  the court shall make a finding as to what reasonable efforts have been attempted to prevent the
                  minor's removal from his home.
                      (d) (i) The court may commit the minor to the Division of Youth Corrections for secure
                  confinement.
                      (ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect, or
                  dependency under Subsection 78-3a-104 (1)(c) may not be committed to the Division of Youth
                  Corrections.
                      (e) The court may commit the minor, subject to the court retaining continuing jurisdiction
                  over him, to the temporary custody of the Division of Youth Corrections for observation and
                  evaluation for a period not to exceed 45 days, which period may be extended up to 15 days at the
                  request of the director of the Division of Youth Corrections.
                      (f) (i) The court may commit the minor to a place of detention or an alternative to detention
                  for a period not to exceed 30 days subject to the court retaining continuing jurisdiction over the
                  minor. This commitment may be stayed or suspended upon conditions ordered by the court.
                      (ii) Subsection (2)(f) applies only to those minors adjudicated for:
                      (A) an act which if committed by an adult would be a criminal offense; or
                      (B) contempt of court under Section 78-3a-901 .
                      (g) The court may vest legal custody of an abused, neglected, or dependent minor in the
                  Division of Child and Family Services or any other appropriate person in accordance with the

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                  requirements and procedures of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency
                  Proceedings.
                      (h) The court may place the minor on a ranch or forestry camp, or similar facility for care
                  and also for work, if possible, if the person, agency, or association operating the facility has been
                  approved or has otherwise complied with all applicable state and local laws. A minor placed in a
                  forestry camp or similar facility may be required to work on fire prevention, forestation and
                  reforestation, recreational works, forest roads, and on other works on or off the grounds of the
                  facility and may be paid wages, subject to the approval of and under conditions set by the court.
                      (i) The court may:
                      (i) order the minor to repair, replace, or otherwise make restitution for damage or loss caused
                  by the minor's wrongful act, including costs of treatment as stated in Section 78-3a-318 ; and
                      (ii) impose fines in limited amounts.
                      (j) The court may issue orders necessary for the collection of restitution and fines ordered
                  by the court, including garnishments, wage withholdings, and executions.
                      (k) (i) The court may through its probation department encourage the development of
                  employment or work programs to enable minors to fulfill their obligations under Subsection (2)(i)
                  and for other purposes considered desirable by the court.
                      (ii) Consistent with the order of the court, the probation officer may permit the minor found
                  to be within the jurisdiction of the court to participate in a program of work restitution or
                  compensatory service in lieu of paying part or all of the fine imposed by the court.
                      (l) (i) In violations of traffic laws within the court's jurisdiction, the court may, in addition
                  to any other disposition authorized by this section:
                      (A) restrain the minor from driving for periods of time the court considers necessary; and
                      (B) take possession of the minor's driver license.
                      (ii) The court may enter any other disposition under Subsection (2)(l)(i); however, the
                  suspension of driving privileges for an offense under Section 78-3a-506 are governed only by
                  Section 78-3a-506 .
                      (m) (i) When a minor is found within the jurisdiction of the juvenile court under Section

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                  78-3a-104 because of violating Section 58-37-8 , Title 58, Chapter 37a, Utah Drug Paraphernalia Act,
                  or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court shall, in addition to any
                  fines or fees otherwise imposed, order that the minor perform a minimum of 20 hours, but no more
                  than 100 hours, of compensatory service. Satisfactory completion of an approved substance abuse
                  prevention or treatment program may be credited by the court as compensatory service hours.
                      (ii) When a minor is found within the jurisdiction of the juvenile court under Section
                  78-3a-104 because of a violation of Section 32A-12-209 or Subsection 76-9-701 (1), the court may,
                  upon the first adjudication, and shall, upon a second or subsequent adjudication, order that the minor
                  perform a minimum of 20 hours, but no more than 100 hours of compensatory service, in addition
                  to any fines or fees otherwise imposed. Satisfactory completion of an approved substance abuse
                  prevention or treatment program may be credited by the court as compensatory service hours.
                      (n) The court may order that the minor be examined or treated by a physician, surgeon,
                  psychiatrist, or psychologist or that he receive other special care. For these purposes the court may
                  place the minor in a hospital or other suitable facility.
                      (o) (i) The court may appoint a guardian for the minor if it appears necessary in the interest
                  of the minor, and may appoint as guardian a public or private institution or agency in which legal
                  custody of the minor is vested.
                      (ii) In placing a minor under the guardianship or legal custody of an individual or of a private
                  agency or institution, the court shall give primary consideration to the welfare of the minor. When
                  practicable, the court may take into consideration the religious preferences of the minor and of the
                  minor's parents.
                      (p) (i) In support of a decree under Section 78-3a-104 , the court may order reasonable
                  conditions to be complied with by the parents or guardian, the minor, the minor's custodian, or any
                  other person who has been made a party to the proceedings. Conditions may include:
                      (A) parent-time by the parents or one parent;
                      (B) restrictions on the minor's associates;
                      (C) restrictions on the minor's occupation and other activities; and
                      (D) requirements to be observed by the parents or custodian.

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                      (ii) A minor whose parents or guardians successfully complete a family or other counseling
                  program may be credited by the court for detention, confinement, or probation time.
                      (q) The court may order the minor to be placed in the legal custody of the Division of Mental
                  Health or committed to the physical custody of a local mental health authority, in accordance with
                  the procedures and requirements of Title 62A, Chapter 12, Part 2A, Commitment of Persons Under
                  Age 18 to Division of Mental Health.
                      (r) (i) The court may make an order committing a minor within its jurisdiction to the Utah
                  State Developmental Center if the minor has mental retardation in accordance with the provisions
                  of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility.
                      (ii) The court shall follow the procedure applicable in the district courts with respect to
                  judicial commitments to the Utah State Developmental Center when ordering a commitment under
                  Subsection (2)(r)(i).
                      (s) The court may terminate all parental rights upon a finding of compliance with the
                  provisions of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
                      (t) The court may make any other reasonable orders for the best interest of the minor or as
                  required for the protection of the public, except that a person younger than 18 years of age may not
                  be committed to jail or prison.
                      (u) The court may combine the dispositions listed in this section if they are compatible.
                      (v) Before depriving any parent of custody, the court shall give due consideration to the
                  rights of parents concerning their minor. The court may transfer custody of a minor to another
                  person, agency, or institution in accordance with the requirements and procedures of Title 78,
                  Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
                      (w) Except as provided in Subsection (2)(y)(i), an order under this section for probation or
                  placement of a minor with an individual or an agency shall include a date certain for a review of the
                  case by the court. A new date shall be set upon each review.
                      (x) In reviewing foster home placements, special attention shall be given to making
                  adoptable minors available for adoption without delay.
                      (y) (i) The juvenile court may enter an order of permanent custody and guardianship with

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                  a relative or individual of a minor where the court has previously acquired jurisdiction as a result of
                  an adjudication of abuse, neglect, or dependency, excluding cases arising under Subsection
                  78-3a-105 (4).
                      (ii) Orders under Subsection (2)(y)(i):
                      (A) shall remain in effect until the minor reaches majority;
                      (B) are not subject to review under Section 78-3a-119 ; and
                      (C) may be modified by petition or motion as provided in Section 78-3a-903 .
                      (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
                  permanent orders of custody and guardianship do not expire with a termination of jurisdiction of the
                  juvenile court.
                      (3) In addition to the dispositions described in Subsection (2), when a minor comes within
                  the court's jurisdiction he may be given a choice by the court to serve in the National Guard in lieu
                  of other sanctions, provided:
                      (a) the minor meets the current entrance qualifications for service in the National Guard as
                  determined by a recruiter, whose determination is final;
                      (b) the minor is not under the jurisdiction of the court for any act that:
                      (i) would be a felony if committed by an adult;
                      (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
                      (iii) was committed with a weapon; and
                      (c) the court retains jurisdiction over the minor under conditions set by the court and agreed
                  upon by the recruiter or the unit commander to which the minor is eventually assigned.
                      (4) (a) The court shall order that a DNA specimen shall be obtained from a minor who is
                  under the jurisdiction of the court as described in Subsection 53-10-403 (3). The specimen shall be
                  obtained by designated employees of the court or, if the minor is in the legal custody of the Division
                  of Youth Corrections, then by designated employees of the division under Subsection
                  53-10-404 (5)(b).
                      (b) The court shall ensure that employees designated to collect the saliva DNA specimens
                  receive appropriate training and that the specimens are obtained in accordance with accepted

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                  protocol.
                      (c) The court shall order the minor to reimburse the agency obtaining the DNA specimen for
                  $75 toward the costs of obtaining the specimen, unless the court finds the minor is unable to pay the
                  reimbursement. Reimbursements shall be placed in the DNA Specimen Restricted Account created
                  in Section 53-10-406.5 .
                      (d) Payment of the reimbursement is second in priority to payments the minor is ordered to
                  make for restitution under this section and treatment under Section 78-3a-318 .
                      Section 15. Effective date.
                      This act takes effect on July 1, 2002.

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