First Substitute H.B. 109

Representative Gregory H. Hughes proposes the following substitute bill:

1 SEX OFFENDER LAW AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gregory H. Hughes
5 Senate Sponsor: Mike Dmitrich
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Code of Criminal Procedure to require the Utah Department of
10 Corrections to use a periodic multi-domain assessment tool during a one-year trial
11 period to evaluate sex offenders who are supervised in the community.
12 Highlighted Provisions:
13 This bill:
14 . requires the Utah Department of Corrections to issue a request for proposals to
15 provide a multi-domain assessment to registered sex offenders it supervises in the
16 community in Region 3 beginning July 1, 2008 and ending June 30, 2009;
17 . requires that the assessment is to be administered:
18 . not less than every 16 weeks during the first year the offender is supervised in
19 the community; and
20 . not less than every 26 weeks nor more than every 12 weeks as determined to be
21 appropriate by the department's supervisory personnel and the sex offender's
22 treatment team, during the second or subsequent year the offender is supervised
23 in the community and continuing until termination of the offender's probation or
24 parole;
25 . specifies the content of the assessment tool; and

26 . provides definitions.
27 Monies Appropriated in this Bill:
28 This bill appropriates $495,000 from the General Fund for fiscal year 2008-09 only, to
29 the Utah Department of Corrections.
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 ENACTS:
34 77-27-21.9, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 77-27-21.9 is enacted to read:
38 77-27-21.9. Sex offender assessment.
39 (1) As used in this section:
40 (a) "Dynamic factors" means a person's individual characteristics, issues, resources, or
41 circumstances that:
42 (i) can change or be influenced; and
43 (ii) affect the risk of recidivism or the risk of violating conditions of probation or
44 parole.
45 (b) "Multi-domain assessment" means an evaluation process or tool which reports in
46 quantitative and qualitative terms an offender's condition, stability, needs, resources, and
47 dynamic factors affecting the offender's transition into the community and compliance with
48 conditions of probation or parole. These domains shall include:
49 (i) alcohol and other drug use;
50 (ii) mental health status;
51 (iii) physical health;
52 (iv) criminal behavior;
53 (v) education;
54 (vi) emotional health and barriers;
55 (vii) employment;
56 (viii) family dynamics;

57 (ix) housing;
58 (x) physical health and nutrition;
59 (xi) spirituality;
60 (xii) social support systems;
61 (xiii) special population needs:
62 (A) co-existing disorders;
63 (B) domestic violence;
64 (C) drug of choice;
65 (D) gender, ethnic, and cultural considerations;
66 (E) other health issues;
67 (F) sexual abuse; and
68 (G) sexual orientation;
69 (xiv) transportation; and
70 (xv) treatment involvement.
71 (c) "Qualitative terms" means written summaries used to describe meaning, enrich, or
72 explain significant quantitative indicators or benchmarks within the areas defined in Subsection
73 (1)(b).
74 (d) "Quantitative terms" means numerical distinctions or benchmarks used to describe
75 conditions within the areas defined in Subsection (1)(b).
76 (2) The department shall issue a request for proposals to provide a periodic
77 multi-domain assessment tool, as defined in Subsection (1)(b) and implement the tool for a
78 one-year trial period in the management of sex offenders being supervised in the community in
79 the department's Region 3.
80 (3) The request for proposals shall include a requirement that the multi-domain
81 assessment tool be designed to be administered:
82 (a) every 16 weeks during the first year a sex offender is supervised in the community;
83 and
84 (b) every 12 to 26 weeks during the second and subsequent years a sex offender is
85 supervised in the community, as determined appropriate by the department's
86 supervisory personnel and the sex offender's treatment team.
87 (4) The department shall promptly make results of the multi-domain assessment

88 available to:
89 (a) the sex offender's treatment team; and
90 (b) the corrections personnel responsible for supervising the offender.
91 (5) The department shall provide to the legislative Law Enforcement and Criminal
92 Justice Interim Committee at the conclusion of the trial period a written report of the results of
93 the use of the multi-domain assessments, including:
94 (a) the impact on recidivism;
95 (b) other indicators of the effect of the use of the assessments;
96 (c) the number of assessments administered annually;
97 (d) the number of individuals who were assessed during the year; and
98 (e) any recommended legislative or policy changes.
99 Section 2. Appropriation.
100 There is appropriated from the General Fund, for fiscal year 2008-09 only, $495,000 to
101 the Utah Department of Corrections to be used for issuing a request for proposals and
102 conducting a one-year trial of a multi-domain assessment tool, for sex offenders being
103 supervised in the community, as described in Section 77-27-21.9 .