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7 LONG TITLE
8 General Description:
9 This bill amends Utah Code provisions regarding corrections, sentencing, probation and
10 parole, controlled substance offenses, substance abuse and mental health treatment, and
11 related provisions to modify penalties and sentencing guidelines, treatment programs
12 for persons in the criminal justice system, and probation and parole compliance and
13 violations to address recidivism.
14 Highlighted Provisions:
15 This bill:
16 ▸ reduces penalties for specified offenses involving controlled substances and
17 provides that specified penalties be increased for subsequent convictions for the
18 same offenses;
19 ▸ defines criminal risk factors and requires that these factors be considered in
20 providing mental health and substance abuse treatment through governmental
21 programs to individuals involved in the criminal justice system;
22 ▸ requires the Division of Substance Abuse and Mental Health to establish standards
23 for mental health and substance abuse treatment, and for treatment providers,
24 concerning individuals who are incarcerated or who are required by a court or the
25 Board of Pardons and Parole to participate in treatment;
26 ▸ requires that the Division of Substance Abuse and Mental Health, working with the
27 courts and the Department of Corrections, establish performance goals and outcome
28 measurements for these treatment programs, including recidivism;
29 ▸ requires that the Division of Substance Abuse and Mental Health track the
30 performance and outcome data and make this information available to the public;
31 ▸ requires that the collected data be submitted to the Commission on Criminal and
32 Juvenile Justice and that the commission compile the data and make it available to
33 specified legislative interim committees;
34 ▸ provides that the Commission on Criminal and Juvenile Justice administer a
35 performance incentive grant program that allocates funds to counties for programs
36 and practices that reduce recidivism;
37 ▸ requires that the Sentencing Commission modify sentencing guidelines, criminal
38 history scores, and guidelines for periods of incarceration to implement the
39 recommendations of the Commission on Criminal and Juvenile Justice regarding
40 reducing recidivism;
41 ▸ requires that the Sentencing Commission establish graduated sanctions to provide
42 prompt and effective responses to violations of probation or parole;
43 ▸ requires that the Sentencing Commission establish graduated incentives to provide
44 prompt and effective responses to an offender's compliance and positive conduct;
45 ▸ requires that the Department of Corrections implement the graduated sanctions and
46 incentives established by the Sentencing Commission and requires that the
47 department gather information related to the outcomes and provide the information
48 to the Commission on Criminal and Juvenile Justice;
49 ▸ requires that the Department of Corrections develop case action plans for offenders,
50 including a risk and needs assessment and treatment priorities;
51 ▸ provides that the Department of Corrections may impose a sanction of three to five
52 days for violations of probation or parole as part of the program of graduated
53 sanctions;
54 ▸ requires that the Department of Corrections evaluate and update inmates' case action
55 plans, including treatment resources and supervision levels to address reentry of
56 inmates into the community at the termination of incarceration;
57 ▸ requires that the Department of Corrections establish a program allowing offenders
58 to earn credits of days for compliance with terms of probation or parole, which will
59 reduce the time on probation or parole;
60 ▸ requires that the Department of Corrections report annually to the Commission on
61 Criminal and Juvenile Justice the numbers regarding the earned credits program;
62 ▸ requires the Department of Corrections to establish standards, including best
63 practices, for treatment programs provided in county jails;
64 ▸ requires the Department of Corrections to establish standards and a certification
65 program for the public and private providers of the treatment programs;
66 ▸ requires the Department of Corrections to establish goals and outcome
67 measurements regarding the treatment programs, collect related data, and analyze
68 the data to determine effectiveness;
69 ▸ requires that the Department of Corrections provide the data collected regarding the
70 treatment programs to the Commission on Criminal and Juvenile Justice for the
71 commission's use in preparing its annual report;
72 ▸ requires that the Department of Corrections establish an audit for compliance with
73 the treatment standards;
74 ▸ provides that time served in confinement for a violation of probation is counted as
75 time served toward any term of incarceration imposed for the violation of probation;
76 ▸ requires that the Board of Pardons and Parole establish an earned time program that
77 reduces the period of incarceration for offenders who successfully complete
78 programs intended to reduce the risk of recidivism, collect data on the
79 implementation of the program, and report the data to the Commission on Criminal
80 and Juvenile Justice; and
81 ▸ requires that if the Board of Pardons and Parole orders incarceration for a parole
82 violation, the board shall impose a period of incarceration that is consistent with the
83 guidelines established by the Sentencing Commission.
84 Money Appropriated in this Bill:
85 None
86 Other Special Clauses:
87 None
88 Utah Code Sections Affected:
89 AMENDS:
90 58-37-8, as last amended by Laws of Utah 2014, Chapters 19 and 51
91 58-37c-11, as last amended by Laws of Utah 2013, Chapters 262 and 413
92 62A-15-102, as last amended by Laws of Utah 2011, Chapter 342
93 62A-15-103, as last amended by Laws of Utah 2014, Chapters 119, 205, and 240
94 63M-7-204, as renumbered and amended by Laws of Utah 2008, Chapter 382
95 63M-7-404, as renumbered and amended by Laws of Utah 2008, Chapter 382
96 64-13-1, as last amended by Laws of Utah 2003, Chapter 36
97 64-13-6, as last amended by Laws of Utah 2011, Chapter 51
98 64-13-7.5, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
99 64-13-14.5, as enacted by Laws of Utah 1987, Chapter 116
100 64-13-21, as last amended by Laws of Utah 2008, Chapter 382
101 64-13-25, as last amended by Laws of Utah 2008, Chapter 382
102 64-13-26, as last amended by Laws of Utah 1989, Chapter 224
103 64-13-29, as last amended by Laws of Utah 1994, Chapter 13
104 76-3-202, as last amended by Laws of Utah 2013, Chapter 278
105 77-1-3, as last amended by Laws of Utah 2008, Chapter 3
106 77-18-1, as last amended by Laws of Utah 2014, Chapters 120 and 170
107 77-27-1, as last amended by Laws of Utah 2013, Chapter 41
108 77-27-10, as last amended by Laws of Utah 2008, Chapters 294 and 382
109 77-27-11, as last amended by Laws of Utah 2010, Chapter 110
110 78A-5-201, as renumbered and amended by Laws of Utah 2008, Chapter 3
111 ENACTS:
112 64-13-10.5, Utah Code Annotated 1953
113 77-27-5.4, Utah Code Annotated 1953
114
115 Be it enacted by the Legislature of the state of Utah:
116 Section 1. Section 58-37-8 is amended to read:
117 58-37-8. Prohibited acts -- Penalties.
118 (1) Prohibited acts A -- Penalties:
119 (a) Except as authorized by this chapter, it is unlawful for any person to knowingly and
120 intentionally:
121 (i) produce, manufacture, or dispense, or to possess with intent to produce,
122 manufacture, or dispense, a controlled or counterfeit substance;
123 (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
124 arrange to distribute a controlled or counterfeit substance;
125 (iii) possess a controlled or counterfeit substance with intent to distribute; or
126 (iv) engage in a continuing criminal enterprise where:
127 (A) the person participates, directs, or engages in conduct which results in any
128 violation of any provision of Title 58, Chapters 37, 37a, 37b, 37c, or 37d that is a felony; and
129 (B) the violation is a part of a continuing series of two or more violations of Title 58,
130 Chapters 37, 37a, 37b, 37c, or 37d on separate occasions that are undertaken in concert with
131 five or more persons with respect to whom the person occupies a position of organizer,
132 supervisor, or any other position of management.
133 (b) Any person convicted of violating Subsection (1)(a) with respect to:
134 (i) a substance or a counterfeit of a substance classified in Schedule I [
135 a controlled substance analog[
136 substance listed in Section 58-37-4.2 is guilty of a [
137 (A) third degree felony, and upon a [
138 a [
139 [
140
141
142 (B) second degree felony if the offense occurred in a building or structure that has
143 fortifications or security measures that have the potential to injure any individual;
144 [
145 of a class A misdemeanor and upon a [
146 third degree felony.
147 (c) Any person who has been convicted of a felony violation of Subsection (1)(a)(ii) or
148 (iii) may be sentenced to imprisonment for an indeterminate term as provided by law, but if the
149 trier of fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on
150 his person or in his immediate possession during the commission or in furtherance of the
151 offense, the court shall additionally sentence the person convicted for a term of one year to run
152 consecutively and not concurrently; and the court may additionally sentence the person
153 convicted for an indeterminate term not to exceed five years to run consecutively and not
154 concurrently.
155 (d) Any person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
156 felony punishable by imprisonment for an indeterminate term of not less than seven years and
157 which may be for life. Imposition or execution of the sentence may not be suspended, and the
158 person is not eligible for probation.
159 (2) Prohibited acts B -- Penalties:
160 (a) It is unlawful:
161 (i) for any person knowingly and intentionally to possess or use a controlled substance
162 analog or a controlled substance, unless it was obtained under a valid prescription or order,
163 directly from a practitioner while acting in the course of the person's professional practice, or as
164 otherwise authorized by this chapter;
165 (ii) for any owner, tenant, licensee, or person in control of any building, room,
166 tenement, vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to
167 be occupied by persons unlawfully possessing, using, or distributing controlled substances in
168 any of those locations; or
169 (iii) for any person knowingly and intentionally to possess an altered or forged
170 prescription or written order for a controlled substance.
171 (b) Any person convicted of violating Subsection (2)(a)(i) with respect to:
172 (i) marijuana, if the amount is 100 pounds or more, is guilty of a [
173 felony;
174 (ii) a substance classified in Schedule I or II, marijuana, if the amount is more than 16
175 ounces, but less than 100 pounds, or a controlled substance analog, is guilty of a [
176
177 (iii) marijuana, if the marijuana is not in the form of an extracted resin from any part of
178 the plant, and the amount is more than one ounce but less than 16 ounces, is guilty of a class
179 [
180 (c) (i) Upon a person's conviction of a violation of this Subsection (2) subsequent to [
181
182 a one degree greater penalty than provided in this Subsection (2).
183 (ii) Upon a person's conviction of a violation of this Subsection (2) subsequent to four
184 or more prior convictions under Subsection (1)(a), the person shall be sentenced to a one
185 degree greater penalty than would be imposed under Subsection (2)(c)(i).
186 (d) Any person who violates Subsection (2)(a)(i) with respect to all other controlled
187 substances not included in Subsection (2)(b)(i), (ii), or (iii), including a substance listed in
188 Section 58-37-4.2, or less than one ounce of marijuana, is guilty of a class B misdemeanor.
189 Upon a [
190 [
191 (e) Any person convicted of violating Subsection (2)(a)(i) while inside the exterior
192 boundaries of property occupied by any correctional facility as defined in Section 64-13-1 or
193 any public jail or other place of confinement shall be sentenced to a penalty one degree greater
194 than provided in Subsection (2)(b), and if the conviction is with respect to controlled
195 substances as listed in:
196 (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
197 indeterminate term as provided by law, and:
198 (A) the court shall additionally sentence the person convicted to a term of one year to
199 run consecutively and not concurrently; and
200 (B) the court may additionally sentence the person convicted for an indeterminate term
201 not to exceed five years to run consecutively and not concurrently; and
202 (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
203 indeterminate term as provided by law, and the court shall additionally sentence the person
204 convicted to a term of six months to run consecutively and not concurrently.
205 (f) Any person convicted of violating Subsection (2)(a)(ii) or(iii) is:
206 (i) on a first conviction, guilty of a class B misdemeanor;
207 (ii) on a [
208 (iii) on a [
209 (g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
210 amounting to a violation of Section 76-5-207:
211 (i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
212 body any measurable amount of a controlled substance; and
213 (ii) operates a motor vehicle as defined in Section 76-5-207 in a negligent manner,
214 causing serious bodily injury as defined in Section 76-1-601 or the death of another.
215 (h) A person who violates Subsection (2)(g) by having in the person's body:
216 (i) a controlled substance classified under Schedule I, other than those described in
217 Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
218 degree felony;
219 (ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
220 58-37-4(2)(a)(iii)(S) or (AA), or a substance listed in Section 58-37-4.2 is guilty of a third
221 degree felony; or
222 (iii) any controlled substance classified under Schedules III, IV, or V is guilty of a class
223 A misdemeanor.
224 (i) A person is guilty of a separate offense for each victim suffering serious bodily
225 injury or death as a result of the person's negligent driving in violation of Subsection
226 58-37-8(2)(g) whether or not the injuries arise from the same episode of driving.
227 (3) Prohibited acts C -- Penalties:
228 (a) It is unlawful for any person knowingly and intentionally:
229 (i) to use in the course of the manufacture or distribution of a controlled substance a
230 license number which is fictitious, revoked, suspended, or issued to another person or, for the
231 purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
232 manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
233 person;
234 (ii) to acquire or obtain possession of, to procure or attempt to procure the
235 administration of, to obtain a prescription for, to prescribe or dispense to any person known to
236 be attempting to acquire or obtain possession of, or to procure the administration of any
237 controlled substance by misrepresentation or failure by the person to disclose receiving any
238 controlled substance from another source, fraud, forgery, deception, subterfuge, alteration of a
239 prescription or written order for a controlled substance, or the use of a false name or address;
240 (iii) to make any false or forged prescription or written order for a controlled substance,
241 or to utter the same, or to alter any prescription or written order issued or written under the
242 terms of this chapter; or
243 (iv) to make, distribute, or possess any punch, die, plate, stone, or other thing designed
244 to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
245 device of another or any likeness of any of the foregoing upon any drug or container or labeling
246 so as to render any drug a counterfeit controlled substance.
247 (b) Any person convicted of violating Subsection (3)(a) is guilty of a [
248
249 (c) A fifth or subsequent conviction under Subsection (3)(a) is a third degree felony.
250 (4) Prohibited acts D -- Penalties:
251 (a) Notwithstanding other provisions of this section, a person not authorized under this
252 chapter who commits any act [
253
254
255 conviction subject to the penalties and classifications under this Subsection (4) if the trier of
256 fact finds the act is committed:
257 (i) in a public or private elementary or secondary school or on the grounds of any of
258 those schools during the hours of 6 a.m. through 10 p.m.;
259 (ii) in a public or private vocational school or postsecondary institution or on the
260 grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
261 [
262
263
264 [
265 operation;
266 [
267 to the public;
268 [
269 [
270
271 [
272 [
273 grounds included in Subsections (4)(a)(i), (ii), (iii), (iv), and (vi), [
274 Subsection (4)(a)(vii) applies to the education facilities referred to in Subsections (4)(a)(i) and
275 (ii) only during the hours of 6 a.m. through 10 p.m.;
276 [
277 where or when the act occurs; or
278 [
279 or distribution of a substance in violation of this section to an inmate or on the grounds of any
280 correctional facility as defined in Section 76-8-311.3.
281 (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
282 and shall be imprisoned for a term of not less than five years if the penalty that would
283 otherwise have been established but for this Subsection (4) would have been a first degree
284 felony.
285 (ii) Imposition or execution of the sentence may not be suspended, and the person is
286 not eligible for probation.
287 (c) If the classification that would otherwise have been established would have been
288 less than a first degree felony but for this Subsection (4), a person convicted under this
289 Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
290 offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
291 (d) (i) If the violation is of Subsection (4)(a)[
292 (A) the person may be sentenced to imprisonment for an indeterminate term as
293 provided by law, and the court shall additionally sentence the person convicted for a term of
294 one year to run consecutively and not concurrently; and
295 (B) the court may additionally sentence the person convicted for an indeterminate term
296 not to exceed five years to run consecutively and not concurrently; and
297 (ii) the penalties under this Subsection (4)(d) apply also to any person who, acting with
298 the mental state required for the commission of an offense, directly or indirectly solicits,
299 requests, commands, coerces, encourages, or intentionally aids another person to commit a
300 violation of Subsection (4)(a)[
301 (e) It is not a defense to a prosecution under this Subsection (4) that the actor
302 mistakenly believed the individual to be 18 years of age or older at the time of the offense or
303 was unaware of the individual's true age; nor that the actor mistakenly believed that the
304 location where the act occurred was not as described in Subsection (4)(a) or was unaware that
305 the location where the act occurred was as described in Subsection (4)(a).
306 (5) Any violation of this chapter for which no penalty is specified is a class B
307 misdemeanor.
308 (6) For purposes of penalty enhancement under Subsections (1)(b) and (2)(c), a plea of
309 guilty or no contest to a violation of this section which is held in abeyance under Title 77,
310 Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction, even if the charge has been
311 subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
312 (7) A person may be charged and sentenced for a violation of this section,
313 notwithstanding a charge and sentence for a violation of any other section of this chapter.
314 (8) (a) Any penalty imposed for violation of this section is in addition to, and not in
315 lieu of, any civil or administrative penalty or sanction authorized by law.
316 (b) Where violation of this chapter violates a federal law or the law of another state,
317 conviction or acquittal under federal law or the law of another state for the same act is a bar to
318 prosecution in this state.
319 (9) In any prosecution for a violation of this chapter, evidence or proof which shows a
320 person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
321 substance or substances, is prima facie evidence that the person or persons did so with
322 knowledge of the character of the substance or substances.
323 (10) This section does not prohibit a veterinarian, in good faith and in the course of the
324 veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
325 administering controlled substances or from causing the substances to be administered by an
326 assistant or orderly under the veterinarian's direction and supervision.
327 (11) Civil or criminal liability may not be imposed under this section on:
328 (a) any person registered under this chapter who manufactures, distributes, or possesses
329 an imitation controlled substance for use as a placebo or investigational new drug by a
330 registered practitioner in the ordinary course of professional practice or research; or
331 (b) any law enforcement officer acting in the course and legitimate scope of the
332 officer's employment.
333 (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
334 as defined in Subsection 58-37-2(1)(v), who uses, possesses, or transports peyote for bona fide
335 traditional ceremonial purposes in connection with the practice of a traditional Indian religion
336 as defined in Subsection 58-37-2(1)(w).
337 (b) In a prosecution alleging violation of this section regarding peyote as defined in
338 Subsection 58-37-4(2)(a)(iii)(V), it is an affirmative defense that the peyote was used,
339 possessed, or transported by an Indian for bona fide traditional ceremonial purposes in
340 connection with the practice of a traditional Indian religion.
341 (c) (i) The defendant shall provide written notice of intent to claim an affirmative
342 defense under this Subsection (12) as soon as practicable, but not later than 10 days prior to
343 trial.
344 (ii) The notice shall include the specific claims of the affirmative defense.
345 (iii) The court may waive the notice requirement in the interest of justice for good
346 cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
347 (d) The defendant shall establish the affirmative defense under this Subsection (12) by
348 a preponderance of the evidence. If the defense is established, it is a complete defense to the
349 charges.
350 (13) (a) It is an affirmative defense that the person produced, possessed, or
351 administered a controlled substance listed in Section 58-37-4.2 if the person:
352 (i) was engaged in medical research; and
353 (ii) was a holder of a valid license to possess controlled substances under Section
354 58-37-6.
355 (b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
356 a controlled substance listed in Section 58-37-4.2.
357 (14) It is an affirmative defense that the person possessed, in the person's body, a
358 controlled substance listed in Section 58-37-4.2 if:
359 (a) the person was the subject of medical research conducted by a holder of a valid
360 license to possess controlled substances under Section 58-37-6; and
361 (b) the substance was administered to the person by the medical researcher.
362 (15) The application of any increase in penalty under this section to a violation of
363 Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
364 Subsection (15) takes precedence over any conflicting provision of this section.
365 (16) (a) It is an affirmative defense to an allegation of the commission of an offense
366 listed in Subsection (16)(b) that the person:
367 (i) reasonably believes that the person or another person is experiencing an overdose
368 event due to the ingestion, injection, inhalation, or other introduction into the human body of a
369 controlled substance or other substance;
370 (ii) reports in good faith the overdose event to a medical provider, an emergency
371 medical service provider as defined in Section 26-8a-102, a law enforcement officer, a 911
372 emergency call system, or an emergency dispatch system, or the person is the subject of a
373 report made under this Subsection (16);
374 (iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
375 actual location of the overdose event that facilitates responding to the person experiencing the
376 overdose event;
377 (iv) remains at the location of the person experiencing the overdose event until a
378 responding law enforcement officer or emergency medical service provider arrives, or remains
379 at the medical care facility where the person experiencing an overdose event is located until a
380 responding law enforcement officer arrives;
381 (v) cooperates with the responding medical provider, emergency medical service
382 provider, and law enforcement officer, including providing information regarding the person
383 experiencing the overdose event and any substances the person may have injected, inhaled, or
384 otherwise introduced into the person's body; and
385 (vi) is alleged to have committed the offense in the same course of events from which
386 the reported overdose arose.
387 (b) The offenses referred to in Subsection (16)(a) are:
388 (i) the possession or use of less than 16 ounces of marijuana;
389 (ii) the possession or use of a scheduled or listed controlled substance other than
390 marijuana; and
391 (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
392 Imitation Controlled Substances Act.
393 (c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
394 include seeking medical assistance under this section during the course of a law enforcement
395 agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
396 (17) If any provision of this chapter, or the application of any provision to any person
397 or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
398 invalid provision or application.
399 (18) A legislative body of a political subdivision may not enact an ordinance that is
400 less restrictive than any provision of this chapter.
401 Section 2. Section 58-37c-11 is amended to read:
402 58-37c-11. Penalty for unlawful conduct.
403 (1) A person who violates the unlawful conduct provision defined in Subsections
404 58-37c-3(11)(a) through (j) is guilty of a class A misdemeanor.
405 (2) A person who violates the unlawful conduct provisions defined in Subsection
406 58-37c-3(11)(k) is guilty of a [
407 Section 3. Section 62A-15-102 is amended to read:
408 62A-15-102. Definitions.
409 As used in this chapter:
410 (1) "Criminal risk factors" means a person's characteristics and behaviors that:
411 (a) affect the person's risk of engaging in criminal behavior; and
412 (b) are diminished when addressed by effective treatment, supervision, and other
413 support resources, resulting in reduced risk of criminal behavior.
414 [
415 Health.
416 [
417 established in Section 62A-15-103.
418 [
419 [
420 [
421 Human Services or the Department of Health, and state money appropriated by the Legislature
422 to the Department of Human Services, the Department of Health, a county governing body, or a
423 local substance abuse authority, or a local mental health authority for the purposes of providing
424 substance abuse or mental health programs or services.
425 (b) "Public funds" include federal and state money that has been transferred by a local
426 substance abuse authority or a local mental health authority to a private provider under an
427 annual or otherwise ongoing contract to provide comprehensive substance abuse or mental
428 health programs or services for the local substance abuse authority or local mental health
429 authority. The money maintains the nature of "public funds" while in the possession of the
430 private entity that has an annual or otherwise ongoing contract with a local substance abuse
431 authority or a local mental health authority to provide comprehensive substance abuse or
432 mental health programs or services for the local substance abuse authority or local mental
433 health authority.
434 (c) Public funds received for the provision of services pursuant to substance abuse or
435 mental health service plans may not be used for any other purpose except those authorized in
436 the contract between the local mental health or substance abuse authority and provider for the
437 provision of plan services.
438 [
439 disorders, delusional disorders, psychotic disorders, and other mental disorders as defined by
440 the division.
441 Section 4. Section 62A-15-103 is amended to read:
442 62A-15-103. Division -- Creation -- Responsibilities.
443 (1) There is created the Division of Substance Abuse and Mental Health within the
444 department, under the administration and general supervision of the executive director. The
445 division is the substance abuse authority and the mental health authority for this state.
446 (2) The division shall:
447 (a) (i) educate the general public regarding the nature and consequences of substance
448 abuse by promoting school and community-based prevention programs;
449 (ii) render support and assistance to public schools through approved school-based
450 substance abuse education programs aimed at prevention of substance abuse;
451 (iii) promote or establish programs for the prevention of substance abuse within the
452 community setting through community-based prevention programs;
453 (iv) cooperate with and assist treatment centers, recovery residences, and other
454 organizations that provide services to individuals recovering from a substance abuse disorder,
455 by identifying and disseminating information about effective practices and programs;
456 (v) promote integrated programs that address an individual's substance abuse, mental
457 health, [
458 (vi) establish and promote an evidence-based continuum of screening, assessment,
459 prevention, treatment, and recovery support services in the community for individuals with
460 substance abuse and mental illness that addresses criminal risk factors;
461 [
462 [
463 (A) emergency department utilization;
464 (B) jail and prison populations;
465 (C) the homeless population; and
466 (D) the child welfare system; and
467 [
468 to educate persons convicted of driving under the influence of alcohol or drugs or driving with
469 any measurable controlled substance in the body;
470 (b) (i) collect and disseminate information pertaining to mental health;
471 (ii) provide direction over the state hospital including approval of its budget,
472 administrative policy, and coordination of services with local service plans;
473 (iii) promulgate rules in accordance with Title 63G, Chapter 3, Utah Administrative
474 Rulemaking Act, to educate families concerning mental illness and promote family
475 involvement, when appropriate, and with patient consent, in the treatment program of a family
476 member; and
477 (iv) promulgate rules in accordance with Title 63G, Chapter 3, Utah Administrative
478 Rulemaking Act, to direct that all individuals receiving services through local mental health
479 authorities or the Utah State Hospital be informed about and, if desired, provided assistance in
480 completion of a declaration for mental health treatment in accordance with Section
481 62A-15-1002;
482 (c) (i) consult and coordinate with local substance abuse authorities and local mental
483 health authorities regarding programs and services;
484 (ii) provide consultation and other assistance to public and private agencies and groups
485 working on substance abuse and mental health issues;
486 (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
487 medical and social agencies, public health authorities, law enforcement agencies, education and
488 research organizations, and other related groups;
489 (iv) promote or conduct research on substance abuse and mental health issues, and
490 submit to the governor and the Legislature recommendations for changes in policy and
491 legislation;
492 (v) receive, distribute, and provide direction over public funds for substance abuse and
493 mental health services;
494 (vi) monitor and evaluate programs provided by local substance abuse authorities and
495 local mental health authorities;
496 (vii) examine expenditures of any local, state, and federal funds;
497 (viii) monitor the expenditure of public funds by:
498 (A) local substance abuse authorities;
499 (B) local mental health authorities; and
500 (C) in counties where they exist, the private contract provider that has an annual or
501 otherwise ongoing contract to provide comprehensive substance abuse or mental health
502 programs or services for the local substance abuse authority or local mental health authorities;
503 (ix) contract with local substance abuse authorities and local mental health authorities
504 to provide a comprehensive continuum of services that includes community-based services for
505 individuals involved in the criminal justice system, in accordance with division policy, contract
506 provisions, and the local plan;
507 (x) contract with private and public entities for special statewide or nonclinical
508 services, or services for individuals involved in the criminal justice system, according to
509 division rules;
510 (xi) review and approve each local substance abuse authority's plan and each local
511 mental health authority's plan in order to ensure:
512 (A) a statewide comprehensive continuum of substance abuse services;
513 (B) a statewide comprehensive continuum of mental health services;
514 (C) services result in improved overall health and functioning; [
515 (D) a statewide comprehensive continuum of community-based services designed to
516 reduce criminal risk factors for individuals who are determined to have substance abuse or
517 mental illness conditions or both, and who are involved in the criminal justice system;
518 (E) compliance, where appropriate, with the certification requirements in Subsection
519 (2)(e)(i); and
520 [
521 (xii) review and make recommendations regarding each local substance abuse
522 authority's contract with its provider of substance abuse programs and services and each local
523 mental health authority's contract with its provider of mental health programs and services to
524 ensure compliance with state and federal law and policy;
525 (xiii) monitor and ensure compliance with division rules and contract requirements;
526 and
527 (xiv) withhold funds from local substance abuse authorities, local mental health
528 authorities, and public and private providers for contract noncompliance, failure to comply
529 with division directives regarding the use of public funds, or for misuse of public funds or
530 money;
531 (d) assure that the requirements of this part are met and applied uniformly by local
532 substance abuse authorities and local mental health authorities across the state;
533 (e) require each local substance abuse authority and each local mental health authority
534 to submit its plan to the division by May 1 of each year;
535 (f) conduct an annual program audit and review of each local substance abuse authority
536 in the state and its contract provider and each local mental health authority in the state and its
537 contract provider, including:
538 (i) a review and determination regarding whether:
539 (A) public funds allocated to local substance abuse authorities and local mental health
540 authorities are consistent with services rendered and outcomes reported by them or their
541 contract providers; and
542 (B) each local substance abuse authority and each local mental health authority is
543 exercising sufficient oversight and control over public funds allocated for substance abuse and
544 mental health programs and services; and
545 (ii) items determined by the division to be necessary and appropriate; and
546 (g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
547 Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account
548 Act[
549 (h) establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
550 Rulemaking Act, minimum standards and requirements for the provision of substance abuse
551 and mental health treatment to individuals who are required to participate in treatment by the
552 court or the Board of Pardons and Parole, or who are incarcerated, including:
553 (i) collaboration with the Department of Corrections and the Utah Substance Abuse
554 Advisory Council to develop and coordinate the standards;
555 (ii) determining that the standards ensure available treatment includes the most current
556 practices and procedures demonstrated by recognized scientific research to reduce recidivism,
557 including focus on the individuals criminal risk factors; and
558 (iii) requiring that all public and private treatment programs meet the standards
559 established under this Subsection (2)(h) in order to receive public funds allocated to the
560 division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
561 for the costs of providing screening, assessment, prevention, treatment, and recovery support;
562 (i) establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
563 Rulemaking Act, the requirements and procedures for the certification of licensed public and
564 private providers who provide, as part of their practice, substance abuse and mental health
565 treatment to individuals involved in the criminal justice system, including:
566 (i) collaboration with the Department of Corrections and the Utah Substance Abuse
567 Advisory Council to develop, coordinate, and implement the certification process;
568 (ii) basing the certification process on the standards developed under Subsection (2)(h)
569 for the treatment of individuals involved in the criminal justice system; and
570 (iii) the requirement that all public and private providers of treatment to individuals
571 involved in the criminal justice system shall obtain certification on or before July 1, 2016, and
572 shall renew the certification every two years, in order to qualify for funds allocated to the
573 division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
574 on or after July 1, 2016;
575 (j) (i) establish performance goals and outcome measurements for all treatment
576 programs for which minimum standards are established under Subsection (2)(h), including
577 recidivism data obtained in collaboration with the Administrative Office of the Courts and the
578 Department of Corrections; and
579 (ii) collect data to track and determine whether the goals and measurements are being
580 attained and make this information available to the public;
581 (k) in its discretion, use the data to make decisions regarding the use of funds allocated
582 to the division, the Administrative Office of the Courts, and the Department of Corrections to
583 provide treatment for which standards are established under Subsection (2)(h); and
584 (l) annually, on or before August 31, submit the data collected under Subsection (2)(j)
585 to the Commission on Criminal and Juvenile Justice, which shall compile a report of findings
586 based on the data and provide the report to the legislative Judiciary Interim Committee, Health
587 and Human Services Interim Committee, the Law Enforcement and Criminal Justice Interim
588 Committee, and the related appropriations subcommittees.
589 (3) (a) The division may refuse to contract with and may pursue its legal remedies
590 against any local substance abuse authority or local mental health authority that fails, or has
591 failed, to expend public funds in accordance with state law, division policy, contract
592 provisions, or directives issued in accordance with state law.
593 (b) The division may withhold funds from a local substance abuse authority or local
594 mental health authority if the authority's contract with its provider of substance abuse or mental
595 health programs or services fails to comply with state and federal law or policy.
596 (4) Before reissuing or renewing a contract with any local substance abuse authority or
597 local mental health authority, the division shall review and determine whether the local
598 substance abuse authority or local mental health authority is complying with its oversight and
599 management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and
600 17-43-309. Nothing in this Subsection (4) may be used as a defense to the responsibility and
601 liability described in Section 17-43-303 and to the responsibility and liability described in
602 Section 17-43-203.
603 (5) In carrying out its duties and responsibilities, the division may not duplicate
604 treatment or educational facilities that exist in other divisions or departments of the state, but
605 shall work in conjunction with those divisions and departments in rendering the treatment or
606 educational services that those divisions and departments are competent and able to provide.
607 (6) The division may accept in the name of and on behalf of the state donations, gifts,
608 devises, or bequests of real or personal property or services to be used as specified by the
609 donor.
610 (7) The division shall annually review with each local substance abuse authority and
611 each local mental health authority the authority's statutory and contract responsibilities
612 regarding:
613 (a) the use of public funds;
614 (b) oversight responsibilities regarding public funds; and
615 (c) governance of substance abuse and mental health programs and services.
616 (8) The Legislature may refuse to appropriate funds to the division upon the division's
617 failure to comply with the provisions of this part.
618 (9) If a local substance abuse authority contacts the division under Subsection
619 17-43-201(9) for assistance in providing treatment services to a pregnant woman or pregnant
620 minor, the division shall:
621 (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
622 capacity to provide the treatment services; or
623 (b) otherwise ensure that treatment services are made available to the pregnant woman
624 or pregnant minor.
625 Section 5. Section 63M-7-204 is amended to read:
626 63M-7-204. Duties of commission.
627 The State Commission on Criminal and Juvenile Justice administration shall:
628 (1) promote the commission's purposes as enumerated in Section 63M-7-201;
629 (2) promote the communication and coordination of all criminal and juvenile justice
630 agencies;
631 (3) study, evaluate, and report on the status of crime in the state and on the
632 effectiveness of criminal justice policies, procedures, and programs that are directed toward the
633 reduction of crime in the state;
634 (4) study, evaluate, and report on programs initiated by state and local agencies to
635 address reducing recidivism, including changes in penalties and sentencing guidelines intended
636 to reduce recidivism, as resources allow;
637 [
638 jurisdictions which have effectively reduced crime;
639 [
640 commission determines will significantly reduce crime in Utah;
641 [
642 legislation, state budget, and facility requests, including program and fiscal impact on all
643 components of the criminal and juvenile justice system;
644 [
645 and federal criminal justice grant money;
646 [
647 give technical assistance to agencies or local units of government on methods to promote
648 public awareness;
649 [
650 and juvenile justice system;
651 [
652 [
653 juvenile justice systems, including specific projections for secure bed space;
654 [
655 systems that are consistent with common standards for data storage and are capable of
656 appropriately sharing information with other criminal justice information systems by:
657 (a) developing and maintaining common data standards for use by all state criminal
658 justice agencies;
659 (b) annually performing audits of criminal history record information maintained by
660 state criminal justice agencies to assess their accuracy, completeness, and adherence to
661 standards;
662 (c) defining and developing state and local programs and projects associated with the
663 improvement of information management for law enforcement and the administration of
664 justice; and
665 (d) establishing general policies concerning criminal and juvenile justice information
666 systems and making rules as necessary to carry out the duties under this Subsection [
667 and Subsection [
668 [
669 education programs to help prevent the sexual exploitation of children; [
670 [
671 Enforcement Operations Account created in Section 51-9-411 for law enforcement operations
672 and programs related to reducing illegal drug activity and related criminal activity[
673 (16) request, receive, and evaluate data and recommendations collected and reported by
674 agencies and contractors related to policies recommended by the commission regarding
675 recidivism reduction; and
676 (17) establish and administer a performance incentive grant program that allocates
677 funds appropriated by the Legislature to programs and practices implemented by counties that
678 reduce recidivism and reduce the number of offenders per capita who are incarcerated.
679 Section 6. Section 63M-7-404 is amended to read:
680 63M-7-404. Purpose -- Duties.
681 (1) The purpose of the commission shall be to develop guidelines and propose
682 recommendations to the Legislature, the governor, and the Judicial Council about the
683 sentencing and release of juvenile and adult offenders in order to:
684 [
685 [
686 [
687 [
688 [
689 Board of Pardons and Parole and the Youth Parole Authority.
690 (2) (a) The commission shall modify the sentencing guidelines for adult offenders to
691 implement the recommendations of the Commission on Criminal and Juvenile Justice for
692 reducing recidivism.
693 (b) The modifications under Subsection (2)(a) shall be for the purposes of protecting
694 the public and ensuring efficient use of state funds.
695 (3) (a) The commission shall modify the criminal history score in the sentencing
696 guidelines for adult offenders to implement the recommendations of the Commission on
697 Criminal and Juvenile Justice for reducing recidivism.
698 (b) The modifications to the criminal history score under Subsection (3)(a) shall
699 include factors in an offender's criminal history that are relevant to the accurate determination
700 of an individual's risk of offending again.
701 (4) (a) The commission shall establish sentencing guidelines for periods of
702 incarceration for individuals who are on probation and:
703 (i) who have violated one or more conditions of probation; and
704 (ii) whose probation has been revoked by the court.
705 (b) The guidelines shall consider the seriousness of the violation of the conditions of
706 probation, the probationer's conduct while on probation, and the probationer's criminal history.
707 (5) (a) The commission shall establish sentencing guidelines for periods of
708 incarceration for individuals who are on parole and:
709 (i) who have violated a condition of parole; and
710 (ii) whose parole has been revoked by the Board of Pardons and Parole.
711 (b) The guidelines shall consider the seriousness of the violation of the conditions of
712 parole, the individual's conduct while on parole, and the individual's criminal history.
713 (6) The commission shall establish graduated sanctions to facilitate the prompt and
714 effective response to an individual's violation of the terms of probation or parole by the adult
715 probation and parole section of the Department of Corrections in order to implement the
716 recommendations of the Commission on Criminal and Juvenile Justice for reducing recidivism,
717 including:
718 (a) sanctions to be used in response to a violation of the terms of probation or parole;
719 (b) when violations should be reported to the court or the Board of Pardons and Parole;
720 and
721 (c) a range of sanctions that may not exceed a period of incarceration of not more than:
722 (i) three consecutive days; and
723 (ii) a total of five days in a period of 30 days.
724 (7) The commission shall establish graduated incentives to facilitate a prompt and
725 effective response by the adult probation and parole section of the Department of Corrections
726 to an offender's:
727 (a) compliance with the terms of probation or parole; and
728 (b) positive conduct that exceeds those terms.
729 Section 7. Section 64-13-1 is amended to read:
730 64-13-1. Definitions.
731 As used in this chapter:
732 (1) "Case action plan" means a document developed by the Department of Corrections
733 that identifies the program priorities for the treatment of the offender, including the criminal
734 risk factors as determined by a risk and needs assessment conducted by the department.
735 [
736 operated:
737 (a) by the department; or
738 (b) under a contract with the department.
739 [
740 a secure or nonsecure setting:
741 (a) by the department; or
742 (b) under a contract with the department.
743 (4) "Criminal risk factors" means a person's characteristics and behaviors that:
744 (a) affect that person's risk of engaging in criminal behavior; and
745 (b) are diminished when addressed by effective treatment, supervision, and other
746 support resources, resulting in a reduced risk of criminal behavior.
747 [
748 [
749 occurring in any correctional facility, or any situation that presents immediate danger to the
750 safety, security, and control of the department.
751 [
752 Corrections.
753 [
754 and who is housed at a correctional facility or at a county jail at the request of the department.
755 [
756 may be committed to the custody of the department and is at least one of the following:
757 (a) committed to the custody of the department;
758 (b) on probation; or
759 (c) on parole.
760 (10) "Risk and needs assessment" means an actuarial tool validated on criminal
761 offenders that determines:
762 (a) an individual's risk of reoffending; and
763 (b) the criminal risk factors that, when addressed, reduce the individual's risk of
764 reoffending.
765 [
766 institution operated by the department or under contract for the confinement of offenders,
767 where force may be used to restrain them if they attempt to leave the institution without
768 authorization.
769 Section 8. Section 64-13-6 is amended to read:
770 64-13-6. Department duties.
771 (1) The department shall:
772 (a) protect the public through institutional care and confinement, and supervision in the
773 community of offenders where appropriate;
774 (b) implement court-ordered punishment of offenders;
775 (c) provide program opportunities for offenders;
776 (d) provide treatment for sex offenders who are found to be treatable based upon
777 criteria developed by the department;
778 (e) provide the results of ongoing assessment of sex offenders and objective diagnostic
779 testing to sentencing and release authorities;
780 (f) manage programs that take into account the needs and interests of victims, where
781 reasonable;
782 (g) supervise probationers and parolees as directed by statute and implemented by the
783 courts and the Board of Pardons and Parole;
784 (h) subject to Subsection (2), investigate criminal conduct involving offenders
785 incarcerated in a state correctional facility;
786 (i) cooperate and exchange information with other state, local, and federal law
787 enforcement agencies to achieve greater success in prevention and detection of crime and
788 apprehension of criminals; [
789 (j) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
790 Offender Supervision[
791 (k) establish a case action plan for each offender as follows:
792 (i) if an offender is to be supervised in the community, the case action plan shall be
793 established for the offender not more than 90 days after supervision by the department begins;
794 and
795 (ii) if the offender is committed to the custody of the department, the case action plan
796 shall be established for the offender not more than 120 days after the commitment.
797 (2) The department may in the course of supervising probationers and parolees:
798 (a) impose graduated sanctions, as established by the Utah Sentencing Commission
799 under Subsection 63M-7-404(5), for an individual's violation of one or more terms of the
800 probation or parole; and
801 (b) upon approval by the court or the Board of Pardons and Parole, impose as a
802 sanction for an individual's violation of the terms of probation or parole a period of
803 incarceration of not more than three consecutive days and not more than a total of five days
804 within a period of 30 days.
805 [
806 investigate the following occurrences at state correctional facilities:
807 (i) criminal conduct of departmental employees;
808 (ii) felony crimes resulting in serious bodily injury;
809 (iii) death of any person; or
810 (iv) aggravated kidnaping.
811 (b) Prior to investigating any occurrence specified in Subsection [
812 department shall:
813 (i) notify the sheriff or other appropriate law enforcement agency promptly after
814 ascertaining facts sufficient to believe an occurrence specified in Subsection [
815 occurred; and
816 (ii) obtain consent of the sheriff or other appropriate law enforcement agency to
817 conduct an investigation involving an occurrence specified in Subsection [
818 [
819 criminal conduct to the sheriff or other appropriate law enforcement agencies.
820 [
821 Juvenile Justice to show the criteria for determining sex offender treatability, the
822 implementation and effectiveness of sex offender treatment, and the results of ongoing
823 assessment and objective diagnostic testing. The Commission on Criminal and Juvenile
824 Justice shall then report these data in writing to the Judiciary Interim Committee, if requested
825 by the committee, and to the appropriate appropriations subcommittee annually.
826 [
827 the district court as a result of prosecution for a criminal offense according to the requirements
828 and during the time periods established in Subsection 77-18-1(9).
829 Section 9. Section 64-13-7.5 is amended to read:
830 64-13-7.5. Persons in need of mental health services -- Contracts.
831 (1) Except as provided for in Subsection (2), when the department determines that a
832 person in its custody is in need of mental health services, the department shall contract with the
833 Division of Substance Abuse and Mental Health, local mental health authorities, or the state
834 hospital to provide mental health services for that person. Those services may be provided at
835 the Utah State Hospital or in community programs provided by or under contract with the
836 Division of Substance Abuse and Mental Health, a local mental health authority, or other
837 public or private mental health care providers.
838 (2) (a) If the Division of Substance Abuse and Mental Health, a local mental health
839 authority, or the state hospital notifies the department that it is unable to provide mental health
840 services under Subsection (1), the department may contract with other public or private mental
841 health care providers to provide mental health services for persons in its custody.
842 (b) The standards established by rule under Section 64-13-25 apply to the public or
843 private mental health care providers with whom the department contracts under this Subsection
844 (2).
845 (3) A person who provides mental health services for sex offender treatment as
846 required in Section 64-13-6 shall be licensed as a mental health professional in accordance with
847 Title 58, Chapter 60, Mental Health Professional Practice Act, or Title 58, Chapter 61,
848 Psychologist Licensing Act, and exhibit competency to practice in the area of sex offender
849 treatment based on education, training, and practice.
850 Section 10. Section 64-13-10.5 is enacted to read:
851 64-13-10.5. Transition and reentry of inmates at termination of incarceration.
852 (1) The department shall evaluate and update the case action plan as necessary to
853 prepare for the offender's transition from incarceration to release, including:
854 (a) establishing the supervision level and program needs, based on the offender's
855 criminal risk factors;
856 (b) identifying barriers to the offender's ability to obtain housing, food, clothing, and
857 transportation;
858 (c) identifying community-based treatment resources that are reasonably accessible to
859 the offender; and
860 (d) establishing the initial supervision procedures and strategy for the offender's parole
861 officer.
862 (2) The department shall notify the Board of Pardons and Parole not fewer than 30 days
863 prior to an offender's release of:
864 (a) the offender's case action plan; and
865 (b) any specific conditions of parole necessary to better facilitate transition to the
866 community.
867 Section 11. Section 64-13-14.5 is amended to read:
868 64-13-14.5. Limits of confinement place -- Release status -- Work release.
869 (1) The department may extend the limits of the place of confinement of an inmate
870 when, as established by department policies and procedures, there is cause to believe the
871 inmate will honor [
872 (a) to leave temporarily for purposes specified by department policies and procedures
873 to visit specifically designated places for a period not to exceed 30 days;
874 (b) to participate in a voluntary training program in the community while housed at a
875 correctional facility or to work at paid employment;
876 (c) to be housed in a nonsecure community correctional center operated by the
877 department; or
878 (d) to be housed in any other facility under contract with the department.
879 (2) The department shall establish rules governing offenders on release status. A copy
880 of the rules shall be furnished to the offender and to any employer or other person participating
881 in the offender's release program. Any employer or other participating person shall agree in
882 writing to abide by the rules and to notify the department of the offender's discharge or other
883 release from a release program activity, or of any violation of the rules governing release status.
884 (3) The willful failure of an inmate to remain within the extended limits of his
885 confinement or to return within the time prescribed to an institution or facility designated by
886 the department is an escape from custody.
887 (4) If an offender is arrested for the commission of a crime, the arresting authority shall
888 immediately notify the department of the arrest.
889 (5) The department may impose appropriate sanctions pursuant to Section 64-13-21
890 upon offenders who violate [
891 including prosecution for escape under Section 76-8-309 and for unauthorized absence.
892 (6) An inmate who is housed at a nonsecure correctional facility and on work release
893 may not be required to work for less than the current federally established minimum wage, or
894 under substandard working conditions.
895 Section 12. Section 64-13-21 is amended to read:
896 64-13-21. Supervision of sentenced offenders placed in community -- Rulemaking
897 -- POST certified parole or probation officers and peace officers -- Duties -- Supervision
898 fee.
899 (1) (a) The department, except as otherwise provided by law, shall supervise sentenced
900 offenders placed in the community on probation by the courts, on parole by the Board of
901 Pardons and Parole, or upon acceptance for supervision under the terms of the Interstate
902 Compact for the Supervision of Parolees and Probationers.
903 (b) Standards for the supervision of offenders shall be established by the department in
904 accordance with [
905 guidelines, including the graduated sanctions matrix, established by the Utah Sentencing
906 Commission, giving priority, based on available resources, to felony offenders and offenders
907 sentenced pursuant to Subsection 58-37-8(2)(b)(ii).
908 (2) The department shall apply graduated sanctions established by the Utah Sentencing
909 Commission to facilitate a prompt and appropriate response to an individual's violation of the
910 terms of probation or parole, including:
911 (a) sanctions to be used in response to a violation of the terms of probation or parole;
912 and
913 (b) requesting approval from the court or Board of Pardons and Parole to impose a
914 sanction for an individual's violation of the terms of probation or parole a period of
915 incarceration of not more than three consecutive days and not more than a total of five days
916 within a period of 30 days.
917 (3) The department shall implement a program of graduated incentives as established
918 by the Utah Sentencing Commission to facilitate the department's prompt and appropriate
919 response to an offender's:
920 (a) compliance with the terms of probation or parole; or
921 (b) positive conduct that exceeds those terms.
922 (4) (a) The department shall, in collaboration with the Commission on Criminal and
923 Juvenile Justice, create standards and procedures for the collection of information related to the
924 use of the graduated sanctions and incentives, and offenders' outcomes.
925 (b) The collected information shall be provided to the Commission on Criminal and
926 Juvenile Justice not less frequently than annually on or before August 31.
927 [
928 officers or correctional officers and who are designated as parole and probation officers by the
929 executive director have the following duties:
930 (a) monitoring, investigating, and supervising a parolee's or probationer's compliance
931 with the conditions of the parole or probation agreement;
932 (b) investigating or apprehending any offender who has escaped from the custody of
933 the department or absconded from supervision;
934 (c) providing investigative services for the courts, the department, or the Board of
935 Pardons and Parole;
936 (d) supervising any offender during transportation; or
937 (e) collecting DNA specimens when the specimens are required under Section
938 53-10-404.
939 [
940 probation or parole. The fee may be suspended or waived by the department upon a showing
941 by the offender that imposition would create a substantial hardship or if the offender owes
942 restitution to a victim.
943 (b) (i) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
944 Administrative Rulemaking Act, specifying the criteria for suspension or waiver of the
945 supervision fee and the circumstances under which an offender may request a hearing.
946 (ii) In determining whether the imposition of the supervision fee would constitute a
947 substantial hardship, the department shall consider the financial resources of the offender and
948 the burden that the fee would impose, with regard to the offender's other obligations.
949 (7) (a) The department shall establish a program allowing an offender on parole under
950 Subsection 76-3-202(1)(a) to earn credits for the offender's compliance with the terms of the
951 offender's probation or parole, which shall be applied to reducing the period of probation or
952 parole as provided in this Subsection (7).
953 (b) The program shall provide that an offender earns a reduction credit of 30 days from
954 an offender's period of probation or parole for each month the offender completes without any
955 violation of the terms of the offender's probation or parole agreement, including the case action
956 plan.
957 (c) The department shall maintain a record of credits earned by an offender under this
958 Subsection (7) and shall request from the court or the Board of Pardons and Parole the
959 termination of probation or parole not fewer than 30 days prior to the termination date that
960 reflects the credits earned under this Subsection (7).
961 (d) This Subsection (7) does not prohibit the department from requesting a termination
962 date earlier than the termination date established by earned credits under Subsection (7)(c).
963 (e) The court or the Board of Pardons and Parole shall terminate an offender's
964 probation or parole upon completion of the period of probation or parole accrued by time
965 served and credits earned under this Subsection (7) unless the court or the Board of Pardons
966 and Parole find that termination would interrupt the completion of a necessary treatment
967 program, in which case the termination of probation or parole shall occur when the treatment
968 program is completed.
969 (f) The department shall report annually to the Commission on Criminal and Juvenile
970 Justice on or before August 31:
971 (i) the number of offenders who have earned probation or parole credits under this
972 Subsection (7) in one or more months of the preceding fiscal year and the percentage of the
973 offenders on probation or parole during that time that this number represents;
974 (ii) the average number of credits earned by those offenders who earned credits; and
975 (iii) the number of offenders who earned credits by county of residence while on
976 probation or parole.
977 Section 13. Section 64-13-25 is amended to read:
978 64-13-25. Standards for programs -- Audits.
979 (1) To promote accountability and to ensure safe and professional operation of
980 correctional programs, the department shall establish minimum standards for the organization
981 and operation of its programs, including collaborating with the Department of Human Services
982 to establish minimum standards for programs providing assistance for individuals involved in
983 the criminal justice system.
984 (a) The standards shall be promulgated according to state rulemaking provisions.
985 Those standards that apply to offenders are exempt from the provisions of Title 63G, Chapter
986 3, the Utah Administrative Rulemaking Act. Offenders are not a class of persons under that
987 act.
988 (b) Standards shall provide for inquiring into and processing offender complaints.
989 (c) (i) The department shall establish minimum standards and qualifications for
990 treatment programs provided in county jails to which persons committed to the state prison are
991 placed by jail contract under Section 64-13e-103.
992 (ii) In establishing the standards and qualifications for the treatment programs, the
993 department shall:
994 (A) consult and collaborate with the county sheriffs and the Division of Substance
995 Abuse and Mental Health; and
996 (B) include programs demonstrated by recognized scientific research to reduce
997 recidivism by addressing an offender's criminal risk factors as determined by a risk and needs
998 assessment.
999 (iii) All jails contracting to house offenders committed to the state prison shall meet the
1000 minimum standards for treatment programs as established under this Subsection (1)(c).
1001 (d) (i) The department shall establish minimum standards of treatment for sex
1002 offenders, which shall include the requirements under Subsection 64-13-7.5(3) regarding
1003 licensure and competency.
1004 (ii) The standards shall require the use of the most current best practices demonstrated
1005 by recognized scientific research to address an offender's criminal risk factors.
1006 (iii) The department shall collaborate with the Division of Substance Abuse and
1007 Mental Health to develop and effectively distribute the standards to jails and to mental health
1008 professionals who desire to provide mental health treatment for sex offenders.
1009 (iv) The department shall establish the standards by administrative rule pursuant to
1010 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1011 (2) [
1012 standards established under this section according to policies and procedures established by the
1013 department, for continued operation of correctional and treatment programs provided to
1014 offenders committed to the department's custody, including inmates housed in county jails by
1015 contract with the Department of Corrections.
1016 (a) At least every three years, the department shall internally audit all programs for
1017 compliance with established standards.
1018 (b) All financial statements and accounts of the department shall be reviewed during
1019 the audit. Written review shall be provided to the managers of the programs and the executive
1020 director of the department.
1021 (c) The reports shall be classified as confidential internal working papers and access is
1022 available at the discretion of the executive director or the governor, or upon court order.
1023 (3) The department shall establish a certification program for public and private
1024 providers of treatment for sex offenders on probation or parole that requires the providers' sex
1025 offender treatment practices meet the standards and practices established under Subsection
1026 (1)(d) to reduce sex offender recidivism.
1027 (a) The department shall collaborate with the Division of Substance Abuse and Mental
1028 Health to develop, coordinate, and implement the certification program.
1029 (b) The certification program shall be based on the standards under Subsection (1)(d)
1030 and shall require renewal of certification every two years.
1031 (c) All public and private providers of sex offender treatment, including those
1032 providing treatment to offenders housed in county jails by contract under Section 64-13e-103,
1033 shall comply with these standards on and after July 1, 2016, in order to begin receiving or
1034 continue receiving payment from the department to provide sex offender treatment on or after
1035 July 1, 2016.
1036 (d) The department shall establish the certification program by administrative rule
1037 pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1038 (4) The department shall establish performance goals and outcome measurements for
1039 all programs that are subject to the minimum standards established under this section and shall
1040 collect data to analyze and evaluate whether the goals and measurements are attained.
1041 (a) The department shall collaborate with the Division of Substance Abuse and Mental
1042 Health to develop and coordinate the performance goals and outcome measurements, including
1043 recidivism rates.
1044 (b) The department may use these data to make decisions on the use of funds to
1045 provide treatment for which standards are established under this section.
1046 (c) The department shall annually provide data collected under this Subsection (4) to
1047 the Commission on Criminal and Juvenile Justice on or before August 31. The commission
1048 shall compile a written report of the findings based on the data and shall provide the report to
1049 the legislative Judiciary Interim Committee, the Health and Human Services Interim
1050 Committee, the Law Enforcement and Criminal Justice Interim Committee, and the related
1051 appropriations subcommittees.
1052 Section 14. Section 64-13-26 is amended to read:
1053 64-13-26. Private providers of services.
1054 (1) The department may contract with private providers or other agencies for the
1055 provision of care, treatment, and supervision of offenders committed to the care and custody of
1056 the department.
1057 (2) (a) The department shall:
1058 (i) establish standards for the operation of the programs; [
1059 (ii) establish standards pursuant to Section 64-13-25 regarding program standards; and
1060 [
1061 (b) The reviews shall be classified as confidential internal working papers.
1062 (c) Access to records regarding the reviews is available upon the discretion of the
1063 executive director or the governor, or upon court order.
1064 Section 15. Section 64-13-29 is amended to read:
1065 64-13-29. Violation of parole or probation -- Detention -- Hearing.
1066 (1) (a) The department shall ensure that the court is notified of violations of the terms
1067 and conditions of probation in the case of probationers under the department's supervision, or
1068 the Board of Pardons and Parole in the case of parolees under the department's supervision[
1069 when:
1070 (i) a sanction of incarceration is recommended; or
1071 (ii) the department determines that a graduated sanction is not an appropriate response
1072 to the offender's violation and recommends revocation, probation, or parole.
1073 (b) In cases where the department desires to detain an offender alleged to have violated
1074 his parole or probation and where it is unlikely that the Board of Pardons and Parole or court
1075 will conduct a hearing within a reasonable time to determine if the offender has violated his
1076 conditions of parole or probation, the department shall hold an administrative hearing within a
1077 reasonable time, unless the hearing is waived by the parolee or probationer, to determine if
1078 there is probable cause to believe that a violation has occurred.
1079 (c) If there is a conviction for a crime based on the same charges as the probation or
1080 parole violation, or a finding by a federal or state court that there is probable cause to believe
1081 that an offender has committed a crime based on the same charges as the probation or parole
1082 violation, the department need not hold [
1083 (2) The appropriate officer or officers of the department shall, as soon as practical
1084 following the department's administrative hearing, report to the court or the Board of Pardons
1085 and Parole, furnishing a summary of the hearing, and may make recommendations regarding
1086 the disposition to be made of the parolee or probationer. Pending any proceeding under this
1087 section, the department may take custody of and detain the parolee or probationer involved for
1088 a period not to exceed 72 hours excluding weekends and holidays.
1089 (3) If the hearing officer determines that there is probable cause to believe that the
1090 offender has violated the conditions of his parole or probation, the department may detain the
1091 offender for a reasonable period of time after the hearing or waiver, as necessary to arrange for
1092 the incarceration of the offender. Written order of the department is sufficient authorization for
1093 any peace officer to incarcerate the offender. The department may promulgate rules for the
1094 implementation of this section.
1095 Section 16. Section 76-3-202 is amended to read:
1096 76-3-202. Paroled persons -- Termination or discharge from sentence -- Time
1097 served on parole -- Discretion of Board of Pardons and Parole.
1098 (1) (a) Except as provided in Subsection (1)(b), every person committed to the state
1099 prison to serve an indeterminate term and later released on parole shall, upon completion of
1100 three years on parole outside of confinement and without violation, be terminated from the
1101 person's sentence unless the parole is earlier terminated by the Board of Pardons and Parole or
1102 is terminated pursuant to Section 64-13-21.
1103 (b) Every person committed to the state prison to serve an indeterminate term and later
1104 released on parole on or after July 1, 2008, and who was convicted of any felony offense under
1105 Title 76, Chapter 5, Offenses Against the Person, or any attempt, conspiracy, or solicitation to
1106 commit any of these felony offenses, shall complete a term of parole that extends through the
1107 expiration of the person's maximum sentence, unless the parole is earlier terminated by the
1108 Board of Pardons and Parole.
1109 (2) Every person convicted of a second degree felony for violating Section 76-5-404,
1110 forcible sexual abuse, or 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of a
1111 child, or attempting, conspiring, or soliciting the commission of a violation of any of those
1112 sections, and who is paroled before July 1, 2008, shall, upon completion of 10 years parole
1113 outside of confinement and without violation, be terminated from the sentence unless the
1114 person is earlier terminated by the Board of Pardons and Parole.
1115 (3) (a) Every person convicted of a first degree felony for committing any offense listed
1116 in Subsection (3)(b), or attempting, conspiring, or soliciting the commission of a violation of
1117 any of those sections, shall complete a term of lifetime parole outside of confinement and
1118 without violation unless the person is earlier terminated by the Board of Pardons and Parole.
1119 (b) The offenses referred to in Subsection (3)(a) are:
1120 (i) Section 76-5-301.1, child kidnapping;
1121 (ii) Subsection 76-5-302(1)(b)(vi), aggravated kidnapping involving a sexual offense;
1122 (iii) Section 76-5-402, rape;
1123 (iv) Section 76-5-402.1, rape of a child;
1124 (v) Section 76-5-402.2, object rape;
1125 (vi) Section 76-5-402.3, object rape of a child;
1126 (vii) Subsection 76-5-403(2), forcible sodomy;
1127 (viii) Section 76-5-403.1, sodomy on a child;
1128 (ix) Section 76-5-404.1, sexual abuse of a child and aggravated sexual abuse of a child;
1129 or
1130 (x) Section 76-5-405, aggravated sexual assault.
1131 (4) Any person who violates the terms of parole, while serving parole, for any offense
1132 under Subsection (1), (2), or (3), shall at the discretion of the Board of Pardons and Parole be
1133 recommitted to prison to serve the portion of the balance of the term as determined by the
1134 Board of Pardons and Parole, but not to exceed the maximum term.
1135 (5) In order for a parolee convicted on or after May 5, 1997, to be eligible for early
1136 termination from parole, the parolee must provide to the Board of Pardons and Parole:
1137 (a) evidence that the parolee has completed high school classwork and has obtained a
1138 high school graduation diploma, a GED certificate, or a vocational certificate; or
1139 (b) documentation of the inability to obtain one of the items listed in Subsection (5)(a)
1140 because of:
1141 (i) a diagnosed learning disability; or
1142 (ii) other justified cause.
1143 (6) Any person paroled following a former parole revocation may not be discharged
1144 from the person's sentence until:
1145 (a) the person has served the applicable period of parole under this section outside of
1146 confinement and without violation;
1147 (b) the person's maximum sentence has expired; or
1148 (c) the Board of Pardons and Parole orders the person to be discharged from the
1149 sentence.
1150 (7) (a) All time served on parole, outside of confinement and without violation,
1151 constitutes service of the total sentence but does not preclude the requirement of serving the
1152 applicable period of parole under this section, outside of confinement and without violation.
1153 (b) Any time a person spends outside of confinement after commission of a parole
1154 violation does not constitute service of the total sentence unless the person is exonerated at a
1155 parole revocation hearing.
1156 (c) (i) Any time a person spends in confinement awaiting a hearing before the Board of
1157 Pardons and Parole or a decision by the board concerning revocation of parole constitutes
1158 service of the sentence.
1159 (ii) In the case of exoneration by the board, the time spent is included in computing the
1160 total parole term.
1161 (8) When any parolee without authority from the Board of Pardons and Parole absents
1162 himself from the state or avoids or evades parole supervision, the period of absence, avoidance,
1163 or evasion tolls the parole period.
1164 (9) (a) While on parole, time spent in confinement outside the state may not be credited
1165 toward the service of any Utah sentence.
1166 (b) Time in confinement outside the state or in the custody of any tribal authority or the
1167 United States government for a conviction obtained in another jurisdiction tolls the expiration
1168 of the Utah sentence.
1169 (10) This section does not preclude the Board of Pardons and Parole from paroling or
1170 discharging an inmate at any time within the discretion of the Board of Pardons and Parole
1171 unless otherwise specifically provided by law.
1172 (11) A parolee sentenced to lifetime parole may petition the Board of Pardons and
1173 Parole for termination of lifetime parole.
1174 Section 17. Section 77-1-3 is amended to read:
1175 77-1-3. Definitions.
1176 For the purpose of this act:
1177 (1) "Criminal action" means the proceedings by which a person is charged, accused,
1178 and brought to trial for a public offense.
1179 (2) "Indictment" means an accusation in writing presented by a grand jury to the
1180 district court charging a person with a public offense.
1181 (3) "Information" means an accusation, in writing, charging a person with a public
1182 offense which is presented, signed, and filed in the office of the clerk where the prosecution is
1183 commenced pursuant to Section 77-2-1.1.
1184 (4) "Magistrate" means a justice or judge of a court of record or not of record or a
1185 commissioner of such a court appointed in accordance with Section 78A-5-107, except that the
1186 authority of a court commissioner to act as a magistrate shall be limited by rule of the judicial
1187 council. The judicial council rules shall not exceed constitutional limitations upon the
1188 delegation of judicial authority.
1189 (5) "Risk and needs assessment" means an actuarial tool validated on offenders that
1190 determines:
1191 (a) an individual's risk of reoffending; and
1192 (b) the criminal risk factors that, when addressed, reduce the individual's risk of
1193 reoffending.
1194 Section 18. Section 77-18-1 is amended to read:
1195 77-18-1. Suspension of sentence -- Pleas held in abeyance -- Probation --
1196 Supervision -- Presentence investigation -- Standards -- Confidentiality -- Terms and
1197 conditions -- Termination, revocation, modification, or extension -- Hearings -- Electronic
1198 monitoring.
1199 (1) On a plea of guilty or no contest entered by a defendant in conjunction with a plea
1200 in abeyance agreement, the court may hold the plea in abeyance as provided in Title 77,
1201 Chapter 2a, Pleas in Abeyance, and under the terms of the plea in abeyance agreement.
1202 (2) (a) On a plea of guilty, guilty with a mental illness, no contest, or conviction of any
1203 crime or offense, the court may, after imposing sentence, suspend the execution of the sentence
1204 and place the defendant on probation. The court may place the defendant:
1205 (i) on probation under the supervision of the Department of Corrections except in cases
1206 of class C misdemeanors or infractions;
1207 (ii) on probation with an agency of local government or with a private organization; or
1208 (iii) on bench probation under the jurisdiction of the sentencing court.
1209 (b) (i) The legal custody of all probationers under the supervision of the department is
1210 with the department.
1211 (ii) The legal custody of all probationers under the jurisdiction of the sentencing court
1212 is vested as ordered by the court.
1213 (iii) The court has continuing jurisdiction over all probationers.
1214 (3) (a) The department shall establish supervision and presentence investigation
1215 standards for all individuals referred to the department. These standards shall be based on:
1216 (i) the type of offense;
1217 (ii) the results of a risk and needs assessment;
1218 [
1219 [
1220 [
1221 [
1222 services shall be provided.
1223 (b) Proposed supervision and investigation standards shall be submitted to the Judicial
1224 Council and the Board of Pardons and Parole on an annual basis for review and comment prior
1225 to adoption by the department.
1226 (c) The Judicial Council and the department shall establish procedures to implement
1227 the supervision and investigation standards.
1228 (d) The Judicial Council and the department shall annually consider modifications to
1229 the standards based upon criteria in Subsection (3)(a) and other criteria as they consider
1230 appropriate.
1231 (e) The Judicial Council and the department shall annually prepare an impact report
1232 and submit it to the appropriate legislative appropriations subcommittee.
1233 (4) Notwithstanding other provisions of law, the department is not required to
1234 supervise the probation of persons convicted of class B or C misdemeanors or infractions or to
1235 conduct presentence investigation reports on class C misdemeanors or infractions. However,
1236 the department may supervise the probation of class B misdemeanants in accordance with
1237 department standards.
1238 (5) (a) Before the imposition of any sentence, the court may, with the concurrence of
1239 the defendant, continue the date for the imposition of sentence for a reasonable period of time
1240 for the purpose of obtaining a presentence investigation report from the department or
1241 information from other sources about the defendant.
1242 (b) The presentence investigation report shall include:
1243 (i) a victim impact statement according to guidelines set in Section 77-38a-203
1244 describing the effect of the crime on the victim and the victim's family;
1245 (ii) a specific statement of pecuniary damages, accompanied by a recommendation
1246 from the department regarding the payment of restitution with interest by the defendant in
1247 accordance with Title 77, Chapter 38a, Crime Victims Restitution Act;
1248 (iii) findings from any screening and any assessment of the offender conducted under
1249 Section 77-18-1.1;
1250 (iv) recommendations for treatment of the offender; and
1251 (v) the number of days since the commission of the offense that the offender has spent
1252 in the custody of the jail and the number of days, if any, the offender was released to a
1253 supervised release or alternative incarceration program under Section 17-22-5.5.
1254 (c) The contents of the presentence investigation report are protected and are not
1255 available except by court order for purposes of sentencing as provided by rule of the Judicial
1256 Council or for use by the department.
1257 (6) (a) The department shall provide the presentence investigation report to the
1258 defendant's attorney, or the defendant if not represented by counsel, the prosecutor, and the
1259 court for review, three working days prior to sentencing. Any alleged inaccuracies in the
1260 presentence investigation report, which have not been resolved by the parties and the
1261 department prior to sentencing, shall be brought to the attention of the sentencing judge, and
1262 the judge may grant an additional 10 working days to resolve the alleged inaccuracies of the
1263 report with the department. If after 10 working days the inaccuracies cannot be resolved, the
1264 court shall make a determination of relevance and accuracy on the record.
1265 (b) If a party fails to challenge the accuracy of the presentence investigation report at
1266 the time of sentencing, that matter shall be considered to be waived.
1267 (7) At the time of sentence, the court shall receive any testimony, evidence, or
1268 information the defendant or the prosecuting attorney desires to present concerning the
1269 appropriate sentence. This testimony, evidence, or information shall be presented in open court
1270 on record and in the presence of the defendant.
1271 (8) While on probation, and as a condition of probation, the court may require that the
1272 defendant:
1273 (a) perform any or all of the following:
1274 (i) pay, in one or several sums, any fine imposed at the time of being placed on
1275 probation;
1276 (ii) pay amounts required under Title 77, Chapter 32a, Defense Costs;
1277 (iii) provide for the support of others for whose support the defendant is legally liable;
1278 (iv) participate in available treatment programs, including any treatment program in
1279 which the defendant is currently participating, if the program is acceptable to the court;
1280 (v) serve a period of time, not to exceed one year, in a county jail designated by the
1281 department, after considering any recommendation by the court as to which jail the court finds
1282 most appropriate;
1283 (vi) serve a term of home confinement, which may include the use of electronic
1284 monitoring;
1285 (vii) participate in compensatory service restitution programs, including the
1286 compensatory service program provided in Section 76-6-107.1;
1287 (viii) pay for the costs of investigation, probation, and treatment services;
1288 (ix) make restitution or reparation to the victim or victims with interest in accordance
1289 with Title 77, Chapter 38a, Crime Victims Restitution Act; and
1290 (x) comply with other terms and conditions the court considers appropriate; and
1291 (b) if convicted on or after May 5, 1997:
1292 (i) complete high school classwork and obtain a high school graduation diploma, a
1293 GED certificate, or a vocational certificate at the defendant's own expense if the defendant has
1294 not received the diploma, GED certificate, or vocational certificate prior to being placed on
1295 probation; or
1296 (ii) provide documentation of the inability to obtain one of the items listed in
1297 Subsection (8)(b)(i) because of:
1298 (A) a diagnosed learning disability; or
1299 (B) other justified cause.
1300 (9) The department shall collect and disburse the account receivable as defined by
1301 Section 76-3-201.1, with interest and any other costs assessed under Section 64-13-21 during:
1302 (a) the parole period and any extension of that period in accordance with Subsection
1303 77-27-6(4); and
1304 (b) the probation period in cases for which the court orders supervised probation and
1305 any extension of that period by the department in accordance with Subsection (10).
1306 (10) (a) (i) Probation may be terminated at any time at the discretion of the court or
1307 upon completion without violation of 36 months probation in felony or class A misdemeanor
1308 cases, [
1309 pursuant to Section 64-13-21 regarding earned credits.
1310 (ii) (A) If, upon expiration or termination of the probation period under Subsection
1311 (10)(a)(i), there remains an unpaid balance upon the account receivable as defined in Section
1312 76-3-201.1, the court may retain jurisdiction of the case and continue the defendant on bench
1313 probation for the limited purpose of enforcing the payment of the account receivable. If the
1314 court retains jurisdiction for this limited purpose, the court may order the defendant to pay to
1315 the court the costs associated with continued probation under this Subsection (10).
1316 (B) In accordance with Section 77-18-6, the court shall record in the registry of civil
1317 judgments any unpaid balance not already recorded and immediately transfer responsibility to
1318 collect the account to the Office of State Debt Collection.
1319 (iii) Upon motion of the Office of State Debt Collection, prosecutor, victim, or upon its
1320 own motion, the court may require the defendant to show cause why the defendant's failure to
1321 pay should not be treated as contempt of court.
1322 (b) (i) The department shall notify the sentencing court, the Office of State Debt
1323 Collection, and the prosecuting attorney in writing in advance in all cases when termination of
1324 supervised probation will occur by law.
1325 (ii) The notification shall include a probation progress report and complete report of
1326 details on outstanding accounts receivable.
1327 (11) (a) (i) Any time served by a probationer outside of confinement after having been
1328 charged with a probation violation and prior to a hearing to revoke probation does not
1329 constitute service of time toward the total probation term unless the probationer is exonerated
1330 at a hearing to revoke the probation.
1331 (ii) Any time served in confinement awaiting a hearing or decision concerning
1332 revocation of probation does not constitute service of time toward the total probation term
1333 unless the probationer is exonerated at the hearing.
1334 (iii) Any time served in confinement awaiting a hearing or decision concerning
1335 revocation of probation constitutes service of time toward a term of incarceration imposed as a
1336 result of the revocation of probation.
1337 (b) The running of the probation period is tolled upon the filing of a violation report
1338 with the court alleging a violation of the terms and conditions of probation or upon the issuance
1339 of an order to show cause or warrant by the court.
1340 (12) (a) (i) Probation may not be modified or extended except upon waiver of a hearing
1341 by the probationer or upon a hearing and a finding in court that the probationer has violated the
1342 conditions of probation.
1343 (ii) Probation may not be revoked except upon a hearing in court and a finding that the
1344 conditions of probation have been violated.
1345 (b) (i) Upon the filing of an affidavit alleging with particularity facts asserted to
1346 constitute violation of the conditions of probation, the court that authorized probation shall
1347 determine if the affidavit establishes probable cause to believe that revocation, modification, or
1348 extension of probation is justified.
1349 (ii) If the court determines there is probable cause, it shall cause to be served on the
1350 defendant a warrant for the defendant's arrest or a copy of the affidavit and an order to show
1351 cause why the defendant's probation should not be revoked, modified, or extended.
1352 (c) (i) The order to show cause shall specify a time and place for the hearing and shall
1353 be served upon the defendant at least five days prior to the hearing.
1354 (ii) The defendant shall show good cause for a continuance.
1355 (iii) The order to show cause shall inform the defendant of a right to be represented by
1356 counsel at the hearing and to have counsel appointed if the defendant is indigent.
1357 (iv) The order shall also inform the defendant of a right to present evidence.
1358 (d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit.
1359 (ii) If the defendant denies the allegations of the affidavit, the prosecuting attorney
1360 shall present evidence on the allegations.
1361 (iii) The persons who have given adverse information on which the allegations are
1362 based shall be presented as witnesses subject to questioning by the defendant unless the court
1363 for good cause otherwise orders.
1364 (iv) The defendant may call witnesses, appear and speak in the defendant's own behalf,
1365 and present evidence.
1366 (e) (i) After the hearing the court shall make findings of fact.
1367 (ii) Upon a finding that the defendant violated the conditions of probation, the court
1368 may order the probation revoked, modified, continued, or that the entire probation term
1369 commence anew.
1370 [
1371
1372 (iii) If a period of incarceration is imposed for a violation, the defendant shall be
1373 sentenced within the graduated sanctions guidelines established by the Utah Sentencing
1374 Commission pursuant to Section 63M-7-404, unless the judge determines that:
1375 (A) the defendant needs substance abuse or mental health treatment, as determined by a
1376 risk and needs assessment, that warrants treatment services that are immediately available in
1377 the community; or
1378 (B) the sentence previously imposed shall be executed.
1379 (iv) If the defendant had, prior to the imposition of a term of incarceration or the
1380 execution of the previously imposed sentence under this Subsection (12), served time in jail
1381 due to a violation of probation under Subsection 77-18-1(12)(e)(iii), the time the probationer
1382 served in jail constitutes service of time toward the sentence previously imposed.
1383 (13) The court may order the defendant to commit himself or herself to the custody of
1384 the Division of Substance Abuse and Mental Health for treatment at the Utah State Hospital as
1385 a condition of probation or stay of sentence, only after the superintendent of the Utah State
1386 Hospital or the superintendent's designee has certified to the court that:
1387 (a) the defendant is appropriate for and can benefit from treatment at the state hospital;
1388 (b) treatment space at the hospital is available for the defendant; and
1389 (c) persons described in Subsection 62A-15-610(2)(g) are receiving priority for
1390 treatment over the defendants described in this Subsection (13).
1391 (14) Presentence investigation reports are classified protected in accordance with Title
1392 63G, Chapter 2, Government Records Access and Management Act. Notwithstanding Sections
1393 63G-2-403 and 63G-2-404, the State Records Committee may not order the disclosure of a
1394 presentence investigation report. Except for disclosure at the time of sentencing pursuant to
1395 this section, the department may disclose the presentence investigation only when:
1396 (a) ordered by the court pursuant to Subsection 63G-2-202(7);
1397 (b) requested by a law enforcement agency or other agency approved by the department
1398 for purposes of supervision, confinement, and treatment of the offender;
1399 (c) requested by the Board of Pardons and Parole;
1400 (d) requested by the subject of the presentence investigation report or the subject's
1401 authorized representative; or
1402 (e) requested by the victim of the crime discussed in the presentence investigation
1403 report or the victim's authorized representative, provided that the disclosure to the victim shall
1404 include only information relating to statements or materials provided by the victim, to the
1405 circumstances of the crime including statements by the defendant, or to the impact of the crime
1406 on the victim or the victim's household.
1407 (15) (a) The court shall consider home confinement as a condition of probation under
1408 the supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5.
1409 (b) The department shall establish procedures and standards for home confinement,
1410 including electronic monitoring, for all individuals referred to the department in accordance
1411 with Subsection (16).
1412 (16) (a) If the court places the defendant on probation under this section, it may order
1413 the defendant to participate in home confinement through the use of electronic monitoring as
1414 described in this section until further order of the court.
1415 (b) The electronic monitoring shall alert the department and the appropriate law
1416 enforcement unit of the defendant's whereabouts.
1417 (c) The electronic monitoring device shall be used under conditions which require:
1418 (i) the defendant to wear an electronic monitoring device at all times; and
1419 (ii) that a device be placed in the home of the defendant, so that the defendant's
1420 compliance with the court's order may be monitored.
1421 (d) If a court orders a defendant to participate in home confinement through electronic
1422 monitoring as a condition of probation under this section, it shall:
1423 (i) place the defendant on probation under the supervision of the Department of
1424 Corrections;
1425 (ii) order the department to place an electronic monitoring device on the defendant and
1426 install electronic monitoring equipment in the residence of the defendant; and
1427 (iii) order the defendant to pay the costs associated with home confinement to the
1428 department or the program provider.
1429 (e) The department shall pay the costs of home confinement through electronic
1430 monitoring only for those persons who have been determined to be indigent by the court.
1431 (f) The department may provide the electronic monitoring described in this section
1432 either directly or by contract with a private provider.
1433 Section 19. Section 77-27-1 is amended to read:
1434 77-27-1. Definitions.
1435 As used in this chapter:
1436 (1) "Appearance" means any opportunity to address the board, a board member, a
1437 panel, or hearing officer, including an interview.
1438 (2) "Board" means the Board of Pardons and Parole.
1439 (3) "Case action plan" means a document developed by the Department of Corrections
1440 that identifies the program priorities for the treatment of the offender, including the criminal
1441 risk factors as determined by a risk and needs assessment conducted by the department.
1442 [
1443 [
1444 conviction.
1445 (6) "Criminal risk factors" means a person's characteristics and behaviors that:
1446 (a) affect that person's risk of engaging in criminal behavior; and
1447 (b) are diminished when addressed by effective treatment, supervision, and other
1448 support resources resulting in reduced risk of criminal behavior.
1449 [
1450 [
1451 [
1452 parent, or grandparent, or the victim's legal guardian.
1453 [
1454 hearing examiner, at which an offender or inmate is afforded an opportunity to be present and
1455 address the board, and encompasses the term "full hearing."
1456 [
1457 the board, a panel, a board member, or a hearing examiner is conducting the hearing, regardless
1458 of the location of any person participating by electronic means.
1459 [
1460 member, or a hearing examiner which is open to the public, regardless of the location of any
1461 person participating by electronic means.
1462 [
1463 particular case.
1464 [
1465 the rights and privileges forfeited by or because of the criminal conviction. A pardon releases
1466 an offender from the entire punishment prescribed for a criminal offense and from disabilities
1467 that are a consequence of the criminal conviction. A pardon reinstates any civil rights lost as a
1468 consequence of conviction or punishment for a criminal offense.
1469 [
1470 satisfactorily performed by the parolee, enables the parolee to obtain a termination of his
1471 sentence.
1472 [
1473 execution of a convicted offender's sentence upon prescribed conditions.
1474 [
1475 sentence.
1476 [
1477 sentence of imprisonment prior to the expiration of the sentence.
1478 [
1479 (a) a person against whom the defendant committed a felony or class A misdemeanor
1480 offense, and regarding which offense a hearing is held under this chapter; or
1481 (b) the victim's family, if the victim is deceased as a result of the offense for which a
1482 hearing is held under this chapter.
1483 Section 20. Section 77-27-5.4 is enacted to read:
1484 77-27-5.4. Earned time program.
1485 (1) The board shall establish an earned time program that reduces the period of
1486 incarceration for offenders who successfully complete specified programs, the purpose of
1487 which is to reduce the risk of recidivism.
1488 (2) The earned time program shall:
1489 (a) provide not less than four months of earned time credit for the completion of the
1490 highest ranked priority in the offender's case action plan;
1491 (b) provide not less than four months of earned time credit for completion of one of the
1492 recommended programs in the offender's case action plan; or
1493 (c) allow the board to grant in its discretion earned time credit in addition to the earned
1494 time credit provided under Subsections (2)(a) and (b).
1495 (3) The program may not provide earned time credit for offenders:
1496 (a) whose previously ordered release date does not provide enough time for the Board
1497 of Pardons and Parole to grant the earned time credit;
1498 (b) who have been sentenced by the court to a term of life without the possibility of
1499 parole; or
1500 (c) who have been ordered by the Board of Pardons and Parole to serve a life sentence.
1501 (4) The board may order the forfeiture of earned time credits under this section if the
1502 offender commits a major disciplinary infraction.
1503 (5) The department shall notify the board not more than 30 days after an offender
1504 completes a priority in the case action plan.
1505 (6) The board shall collect data for the fiscal year regarding the operation of the earned
1506 time credit program, including:
1507 (a) the number of offenders who have earned time credit under this section in the prior
1508 year;
1509 (b) the amount of time credit earned in the prior year;
1510 (c) the number of offenders who forfeited earned time credit; and
1511 (d) additional related information as requested by the Commission on Criminal and
1512 Juvenile Justice.
1513 (7) The board shall collaborate with the Department of Corrections in the
1514 establishment of the earned time credit program.
1515 (8) To the extent possible programming and hearings shall be provided early enough in
1516 an offender's incarceration to allow the offender to earn time credit.
1517 Section 21. Section 77-27-10 is amended to read:
1518 77-27-10. Conditions of parole -- Inmate agreement to warrant -- Rulemaking --
1519 Intensive early release parole program.
1520 (1) (a) When the Board of Pardons and Parole releases an offender on parole, it shall
1521 issue to the parolee a certificate setting forth the conditions of parole, including the use of
1522 graduated sanctions pursuant to Section 64-13-21, which the offender shall accept and agree to
1523 as evidenced by the offender's signature affixed to the agreement.
1524 (b) The parole agreement shall require that the inmate agree in writing that the board
1525 may issue a warrant and conduct a parole revocation hearing if:
1526 (i) the board determines after the grant of parole that the inmate willfully provided to
1527 the board false or inaccurate information that the board finds was significant in the board's
1528 determination to grant parole; or
1529 (ii) (A) the inmate has engaged in criminal conduct prior to the granting of parole; and
1530 (B) the board did not have information regarding the conduct at the time parole was
1531 granted.
1532 (c) A copy of the agreement shall be delivered to the Department of Corrections and a
1533 copy shall be given to the parolee. The original shall remain with the board's file.
1534 (2) (a) If an offender convicted of violating or attempting to violate Section
1535 76-5-301.1, Subsection 76-5-302(1), Section 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3,
1536 76-5-403, 76-5-403.1, 76-5-404, 76-5-404.1, or 76-5-405, is released on parole, the board shall
1537 order outpatient mental health counseling and treatment as a condition of parole.
1538 (b) The board shall develop standards and conditions of parole under this Subsection
1539 (2) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1540 (c) This Subsection (2) does not apply to intensive early release parole.
1541 (3) (a) In addition to the conditions set out in Subsection (1), the board may place
1542 offenders in an intensive early release parole program. The board shall determine the
1543 conditions of parole which are reasonably necessary to protect the community as well as to
1544 protect the interests of the offender and to assist the offender to lead a law-abiding life.
1545 (b) The offender is eligible for this program only if the offender:
1546 (i) has not been convicted of a sexual offense; or
1547 (ii) has not been sentenced pursuant to Section 76-3-406.
1548 (c) The department shall:
1549 (i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1550 Rulemaking Act, for operation of the program;
1551 (ii) adopt and implement internal management policies for operation of the program;
1552 (iii) determine whether or not to refer an offender into this program within 120 days
1553 from the date the offender is committed to prison by the sentencing court; and
1554 (iv) make the final recommendation to the board regarding the placement of an
1555 offender into the program.
1556 (d) The department may not consider credit for time served in a county jail awaiting
1557 trial or sentencing when calculating the 120-day period.
1558 (e) The prosecuting attorney or sentencing court may refer an offender for
1559 consideration by the department for participation in the program.
1560 (f) The board shall determine whether or not to place an offender into this program
1561 within 30 days of receiving the department's recommendation.
1562 (4) This program shall be implemented by the department within the existing budget.
1563 (5) During the time the offender is on parole, the department shall collect from the
1564 offender the monthly supervision fee authorized by Section 64-13-21.
1565 (6) When a parolee commits a violation of the parole agreement, the department may:
1566 (a) impose a graduated sanction pursuant to Section 64-13-21; or
1567 (b) when the graduated sanctions matrix under Subsection 63M-7-405(5) indicates,
1568 refer the parolee to the Board of Pardons and Parole for revocation of parole.
1569 Section 22. Section 77-27-11 is amended to read:
1570 77-27-11. Revocation of parole.
1571 (1) The board may revoke the parole of any person who is found to have violated any
1572 condition of his parole.
1573 (2) (a) If a parolee is [
1574 enforcement official for a suspected violation of parole, the Department of Corrections shall
1575 immediately report the alleged violation to the board, by means of an incident report, and make
1576 any recommendation regarding the incident.
1577 (b) No parolee may be held for a period longer than 72 hours, excluding weekends and
1578 holidays, without first obtaining a warrant.
1579 (3) Any member of the board may issue a warrant based upon a certified warrant
1580 request to a peace officer or other persons authorized to arrest, detain, and return to actual
1581 custody a parolee, and may upon arrest or otherwise direct the Department of Corrections to
1582 determine if there is probable cause to believe that the parolee has violated the conditions of his
1583 parole.
1584 (4) Upon a finding of probable cause, a parolee may be further detained or imprisoned
1585 again pending a hearing by the board or its appointed examiner.
1586 (5) (a) The board or its appointed examiner shall conduct a hearing on the alleged
1587 violation, and the parolee shall have written notice of the time and location of the hearing, the
1588 alleged violation of parole, and a statement of the evidence against him.
1589 (b) The board or its appointed examiner shall provide the parolee the opportunity:
1590 (i) to be present;
1591 (ii) to be heard;
1592 (iii) to present witnesses and documentary evidence;
1593 (iv) to confront and cross-examine adverse witnesses, absent a showing of good cause
1594 for not allowing the confrontation; and
1595 (v) to be represented by counsel when the parolee is mentally incompetent or pleading
1596 not guilty.
1597 (c) If heard by an appointed examiner, the examiner shall make a written decision
1598 which shall include a statement of the facts relied upon by the examiner in determining the
1599 guilt or innocence of the parolee on the alleged violation and a conclusion as to whether the
1600 alleged violation occurred. The appointed examiner shall then refer the case to the board for
1601 disposition.
1602 (d) Final decisions shall be reached by majority vote of the members of the board
1603 sitting and the parolee shall be promptly notified in writing of the board's findings and
1604 decision.
1605 (6) (a) Parolees found to have violated the conditions of parole may, at the discretion of
1606 the board, be returned to parole, have restitution ordered, or be imprisoned again as determined
1607 by the board, not to exceed the maximum term, or be subject to any other conditions the board
1608 may impose within its discretion.
1609 (b) If the board revokes parole for a violation and orders incarceration, the board shall
1610 impose a period of incarceration consistent with the guidelines under Subsection
1611 63M-7-404(5).
1612 Section 23. Section 78A-5-201 is amended to read:
1613 78A-5-201. Creation and expansion of existing drug court programs -- Definition
1614 of drug court program -- Criteria for participation in drug court programs -- Reporting
1615 requirements.
1616 (1) There may be created a drug court program in any judicial district that
1617 demonstrates:
1618 (a) the need for a drug court program; and
1619 (b) the existence of a collaborative strategy between the court, prosecutors, defense
1620 counsel, corrections, and substance abuse treatment services to reduce substance abuse by
1621 offenders.
1622 (2) The collaborative strategy in each drug court program shall:
1623 (a) include monitoring and evaluation components to measure program effectiveness;
1624 and
1625 (b) be submitted to, for the purpose of coordinating the disbursement of funding, the:
1626 (i) executive director of the Department of Human Services;
1627 (ii) executive director of the Department of Corrections; and
1628 (iii) state court administrator.
1629 (3) (a) Funds disbursed to a drug court program shall be allocated as follows:
1630 (i) 87% to the Department of Human Services for testing, treatment, and case
1631 management; and
1632 (ii) 13% to the Administrative Office of the Courts for increased judicial and court
1633 support costs.
1634 (b) This provision does not apply to federal block grant funds.
1635 (4) A drug court program shall include continuous judicial supervision using a
1636 cooperative approach with prosecutors, defense counsel, corrections, substance abuse treatment
1637 services, juvenile court probation, and the Division of Child and Family Services as appropriate
1638 to promote public safety, protect participants' due process rights, and integrate substance abuse
1639 treatment with justice system case processing.
1640 (5) Screening criteria for participation in a drug court program shall include:
1641 (a) a plea to, conviction of, or adjudication for a nonviolent drug offense or
1642 drug-related offense;
1643 (b) an agreement to frequent alcohol and other drug testing;
1644 (c) participation in one or more substance abuse treatment programs; and
1645 (d) an agreement to submit to sanctions for noncompliance with drug court program
1646 requirements.
1647 (6) Class A misdemeanor controlled substance possession offenses are eligible for drug
1648 court and shall be screened as if the offense were a felony offense.
1649 (7) (a) The Judicial Council shall develop rules prescribing eligibility requirements for
1650 participation in adult criminal drug courts.
1651 (b) Acceptance of an offender into a drug court shall be based on a risk and needs
1652 assessment, without regard to the nature of the offense.
Legislative Review Note
as of 2-17-15 1:56 PM
Office of Legislative Research and General Counsel