H.B. 5015 Enrolled

CORRECTIONS - PROCEDURES AND FEES
2002 FIFTH SPECIAL SESSION
STATE OF UTAH
Sponsor: Glenn L. Way
This act modifies the Public Safety Code by amending provisions regarding the collection
of DNA specimens from offenders. The act clarifies statutory authority for agencies to
collect the specimens, and that the $75 fee is not to be collected from the offender if the
collecting agency determines the offender is unable to pay. This act requires that the agency
establish procedures for determining ability to pay. This act requires that DNA specimens
are to be collected from all persons convicted of a felony under state law, not only those
felonies under the Criminal Code. This act authorizes use of reasonable force if necessary
to collect the specimen, and requires the agencies to establish guidelines and procedures.
This act has an immediate effective date.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53-10-403, as last amended by Chapter 140, Laws of Utah 2002
53-10-404, as last amended by Chapter 140, Laws of Utah 2002
78-3a-118, as last amended by Chapters 22 and 140, Laws of Utah 2002
Be it enacted by the Legislature of the state of Utah:
Section 1. 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 offenses under Subsection (2) and who is on probation,
parole, or incarcerated for any offense under Subsection (2) on or after July 1, 2002, or who is a
minor under Subsection (3).
(2) Offenses referred to in Subsection (1) are:
(a) any felony under [Title 76,] the 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), and who is:
(a) within the jurisdiction of the juvenile court on or after July 1, 2002 for an offense under
Subsection (2); or
(b) in the legal custody of the Division of Youth Corrections on or after July 1, 2002 for an
offense under Subsection (2).
Section 2. 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 .
(2) (a) A person 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 DNA specimen and shall reimburse the responsible
agency $75 for the cost of obtaining the DNA specimen unless the agency determines the person
lacks the ability to pay.
(b) The responsible agencies shall establish guidelines and procedures for determining if the
person is able to pay the fee.
[(3) (a) The court shall include in the judgment of conviction an order stating that a DNA
specimen shall be obtained and, unless the person lacks the ability to pay, he shall reimburse the
responsible agency $75 for the cost of obtaining the DNA specimen.]
[(b)] (3) (a) All fees collected under Subsection [(3)(a)] (2) shall be deposited in the DNA
Specimen Restricted Account created in Section 53-10-407 , 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.

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[(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) The responsible agency shall determine the method of collecting the DNA specimen.
Unless the responsible agency determines there are substantial reasons for using a different method
of collection or the person refuses to cooperate with the collection, the preferred method of collection
shall be obtaining a saliva specimen.
(c) The responsible agencies may use reasonable force, as established by their individual
guidelines and procedures, to collect the DNA sample if the person refuses to cooperate with the
collection.
(d) If the judgment places the person on probation, the [court] person shall [order him to]
submit to the 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.
(4) (a) The responsible agency shall cause a DNA specimen to be 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 DNA specimen is not adequate for
analysis, the agency shall obtain and transmit an additional DNA specimen.
(5) (a) The Department of Corrections is the responsible agency whenever the person is
committed to the custody of or is under the supervision of the Department of Corrections.
(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
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:

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(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.
(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

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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] policy 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.
(c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405 .
Section 3. Section 78-3a-118 is amended to read:
78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases _

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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:
(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

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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.
(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

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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) This 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
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 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 impose fines in limited amounts. If a minor has been returned to this state under the
Interstate Compact on Juveniles, the court may order the minor to make restitution for costs
expended by any governmental entity for the return.
(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)

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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
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

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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.
(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

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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
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:

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(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] 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] responsible agency shall ensure that employees designated to collect the
saliva DNA specimens receive appropriate training and that the specimens are obtained in
accordance with accepted 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 paid under Subsection 53-10-404 (2)(a) shall be placed in the
DNA Specimen Restricted Account created in Section 53-10-407 .
(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 4. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.

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