Representative Robert M. Spendlove proposes the following substitute bill:


1     
DOMESTIC VIOLENCE RESPONSE AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Robert M. Spendlove

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Utah Code relating to domestic violence.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides a penalty enhancement for a domestic violence offense committed within
13     10 years after a previous domestic violence offense;
14          ▸     provides that a second or subsequent violation of a jail release agreement or jail
15     release court order is subject to penalty enhancements;
16          ▸     provides that a court may require a defendant ordered to participate in electronic
17     monitoring for a domestic violence offense to pay the cost of the monitoring if the
18     defendant is able; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          53-10-403, as last amended by Laws of Utah 2017, Chapter 289
27          77-20-3.5, as renumbered and amended by Laws of Utah 2017, Chapter 289
28          77-36-1.1, as last amended by Laws of Utah 2015, Chapter 426
29          77-36-2.6, as last amended by Laws of Utah 2017, Chapter 332
30          77-36-5, as last amended by Laws of Utah 2017, Chapter 332
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53-10-403 is amended to read:
34          53-10-403. DNA specimen analysis -- Application to offenders, including minors.
35          (1) Sections 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to any person
36     who:
37          (a) has pled guilty to or has been convicted of any of the offenses under Subsection
38     (2)(a) or (b) on or after July 1, 2002;
39          (b) has pled guilty to or has been convicted by any other state or by the United States
40     government of an offense which if committed in this state would be punishable as one or more
41     of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
42          (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
43     offense under Subsection (2)(c);
44          (d) has been booked:
45          (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
46     2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
47          (ii) on or after January 1, 2015, for any felony offense; or
48          (e) is a minor under Subsection (3).
49          (2) Offenses referred to in Subsection (1) are:
50          (a) any felony or class A misdemeanor under the Utah Code;
51          (b) any offense under Subsection (2)(a):
52          (i) for which the court enters a judgment for conviction to a lower degree of offense
53     under Section 76-3-402; or
54          (ii) regarding which the court allows the defendant to enter a plea in abeyance as
55     defined in Section 77-2a-1; or
56          (c) (i) any violent felony as defined in Section 53-10-403.5;
57          (ii) sale or use of body parts, Section 26-28-116;
58          (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
59          (iv) driving with any amount of a controlled substance in a person's body and causing
60     serious bodily injury or death, Subsection 58-37-8(2)(g);
61          (v) a felony violation of enticing a minor over the Internet, Section 76-4-401;
62          (vi) a felony violation of propelling a substance or object at a correctional officer, a
63     peace officer, or an employee or a volunteer, including health care providers, Section
64     76-5-102.6;
65          (vii) aggravated human trafficking and aggravated human smuggling, Section
66     76-5-310;
67          (viii) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
68          (ix) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
69          (x) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
70          (xi) sale of a child, Section 76-7-203;
71          (xii) aggravated escape, Subsection 76-8-309(2);
72          (xiii) a felony violation of assault on an elected official, Section 76-8-315;
73          (xiv) influencing, impeding, or retaliating against a judge or member of the Board of
74     Pardons and Parole, Section 76-8-316;
75          (xv) advocating criminal syndicalism or sabotage, Section 76-8-902;
76          (xvi) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
77          (xvii) a felony violation of sexual battery, Section 76-9-702.1;
78          (xviii) a felony violation of lewdness involving a child, Section 76-9-702.5;
79          (xix) a felony violation of abuse or desecration of a dead human body, Section
80     76-9-704;
81          (xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
82     76-10-402;
83          (xxi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
84     Section 76-10-403;
85          (xxii) possession of a concealed firearm in the commission of a violent felony,
86     Subsection 76-10-504(4);
87          (xxiii) assault with the intent to commit bus hijacking with a dangerous weapon,
88     Subsection 76-10-1504(3);
89          (xxiv) commercial obstruction, Subsection 76-10-2402(2);
90          (xxv) a felony violation of failure to register as a sex or kidnap offender, Section
91     77-41-107;
92          (xxvi) repeat violation of a protective order, Subsection 77-36-1.1[(2)(c)](4) or (5); or
93          (xxvii) violation of condition for release after arrest under Section 77-20-3.5 .
94          (3) A minor under Subsection (1) is a minor 14 years of age or older whom a Utah
95     court has adjudicated to be within the jurisdiction of the juvenile court due to the commission
96     of any offense described in Subsection (2), and who is:
97          (a) within the jurisdiction of the juvenile court on or after July 1, 2002 for an offense
98     under Subsection (2); or
99          (b) in the legal custody of the Division of Juvenile Justice Services on or after July 1,
100     2002 for an offense under Subsection (2).
101          Section 2. Section 77-20-3.5 is amended to read:
102          77-20-3.5. Conditions for release after arrest for domestic violence and other
103     offenses -- Jail release agreements -- Jail release court orders.
104          (1) As used in this section:
105          (a) "Domestic violence" means the same as that term is defined in Section 77-36-1.
106          (b) "Jail release agreement" means a written agreement described in Subsection
107     77-20-3.5(3) that:
108          (i) limits the contact an individual arrested for a qualifying offense may have with an
109     alleged victim; and
110          (ii) specifies other conditions of release from jail.
111          (c) "Jail release court order" means a written court order issued in accordance with
112     Subsection 77-20-3.5(3) that:
113          (i) limits the contact an individual arrested for a qualifying offense may have with an
114     alleged victim; and
115          (ii) specifies other conditions of release from jail.
116          (d) "Minor" means an unemancipated individual who is younger than 18 years of age.
117          (e) "Offense against a child or vulnerable adult" means the commission or attempted
118     commission of an offense described in Section 76-5-109, 76-5-109.1, 76-5-110, or 76-5-111.
119          (f) "Qualifying offense" means:
120          (i) domestic violence;
121          (ii) an offense against a child or vulnerable adult; or
122          (iii) the commission or attempted commission of an offense described in Title 76,
123     Chapter 5, Part 4, Sexual Offenses.
124          (2) (a) Upon arrest for a qualifying offense and before the [person] individual is
125     released on bail, recognizance, or otherwise, the [person] individual may not personally contact
126     the alleged victim.
127          (b) [A person] An individual who violates Subsection (2)(a) is guilty of a class B
128     misdemeanor.
129          (3) (a) After [a person] an individual is arrested for a qualifying offense, the [person]
130     individual may not be released before:
131          (i) the matter is submitted to a magistrate in accordance with Section 77-7-23; or
132          (ii) the [person] individual signs a jail release agreement in accordance with Subsection
133     (3)(d)(i).
134          (b) The arresting officer shall ensure that the information presented to the magistrate
135     includes whether the alleged victim has made a waiver described in Subsection (6)(a).
136          (c) If the magistrate determines there is probable cause to support the charge or charges
137     of one or more qualifying offenses , the magistrate shall determine:
138          (i) whether grounds exist to hold the arrested [person] individual without bail, in
139     accordance with Section 77-20-1;
140          (ii) if no grounds exist to hold the arrested [person] individual without bail, whether
141     any release conditions, including electronic monitoring, are necessary to protect the alleged
142     victim; or
143          (iii) any bail that is required to guarantee the arrested [person's] individual's subsequent
144     appearance in court.
145          (d) (i) The magistrate may not release [a person] an individual arrested for a qualifying
146     offense before the [person's] individual's initial court appearance before the court with
147     jurisdiction over the offense for which the [person] individual was arrested, unless the arrested
148     [person] individual agrees in writing or the magistrate orders, as a release condition, that, until
149     the arrested [person] individual appears at the initial court appearance, the arrested [person]
150     individual will not:
151          (A) have personal contact with the alleged victim;
152          (B) threaten or harass the alleged victim; or
153          (C) knowingly enter onto the premises of the alleged victim's residence or any premises
154     temporarily occupied by the alleged victim.
155          (ii) The magistrate shall schedule the appearance described in Subsection (3)(d)(i) to
156     take place no more than 96 hours after the time of the arrest.
157          (iii) The arrested [person] individual may make the appearance described in Subsection
158     (3)(d)(i) by video if the arrested [person] individual is not released.
159          (4) (a) If [a person] an individual charged with a qualifying offense fails to appear at
160     the time scheduled by the magistrate under Subsection (3)(d), the [person] individual shall
161     comply with the release conditions described in Subsection (3)(d)(i) until the [person]
162     individual makes an initial appearance.
163          (b) If the prosecutor has not filed charges against [a person] an individual who was
164     arrested for a qualifying offense and who appears in court at the time scheduled by the
165     magistrate under Subsection (3)(d), or by the court under Subsection (4)(b)(ii), the court:
166          (i) may, upon the motion of the prosecutor and after allowing the [person] individual
167     an opportunity to be heard on the motion, extend the release conditions described in Subsection
168     (3)(d)(i) by no more than three court days; and
169          (ii) if the court grants the motion described in Subsection (4)(b)(i), shall order the
170     arrested [person] individual to appear at a time scheduled before the end of the granted
171     extension.
172          (5) Except as provided in Subsection (4) or otherwise ordered by a court, a jail release
173     agreement or jail release court order expires at midnight after the arrested [person's]
174     individual's initial scheduled court appearance described in Subsection (3)(d)(i).
175          (6) (a) After an arrest for a qualifying offense , an alleged victim who is not a minor
176     may waive in writing the release conditions described in Subsection (3)(d)(i)(A) or (C). Upon
177     waiver, those release conditions do not apply to the arrested [person] individual.
178          (b) A court or magistrate may modify the release conditions described in Subsection
179     (3)(d)(i), in writing or on the record, and only for good cause shown.
180          (7) (a) When an arrested [person] individual is released in accordance with Subsection
181     (3), the releasing agency shall:
182          (i) notify the arresting law enforcement agency of the release, conditions of release, and
183     any available information concerning the location of the alleged victim;
184          (ii) make a reasonable effort to notify the alleged victim of the release; and
185          (iii) before releasing the arrested [person] individual, give the arrested [person]
186     individual a copy of the jail release agreement or the jail release court order.
187          (b) (i) When [a person] an individual arrested for domestic violence is released
188     [pursuant to] under Subsection (3) based on a written jail release agreement, the releasing
189     agency shall transmit that information to the statewide domestic violence network described in
190     Section 78B-7-113.
191          (ii) When [a person] an individual arrested for domestic violence is released [pursuant
192     to] under Subsections (3) through (5) based upon a jail release court order or if a written jail
193     release agreement is modified [pursuant to] under Subsection (6)(b), the court shall transmit
194     that order to the statewide domestic violence network described in Section 78B-7-113.
195          (c) This Subsection (7) does not create or increase liability of a law enforcement officer
196     or agency, and the good faith immunity provided by Section 77-36-8 is applicable.
197          (8) (a) If a law enforcement officer has probable cause to believe that [a person] an
198     individual has violated a jail release agreement or jail release court order, the officer shall,
199     without a warrant, arrest the [person] individual.
200          (b) [Any person] An individual who knowingly violates a jail release court order or jail
201     release agreement executed [pursuant to] under Subsection (3) is guilty as follows:
202          (i) if the original arrest was for a felony, an offense under this section is a third degree
203     felony; or
204          (ii) if the original arrest was for a misdemeanor, an offense under this section is a class
205     A misdemeanor.
206          (c) An individual who knowingly commits a second or subsequent violation of a jail
207     release court order or jail release agreement executed under Subsection (3) is subject to
208     increased penalties in accordance with Section 77-36-1.1.
209          [(c)] (d) City attorneys may prosecute class A misdemeanor violations under this
210     section.
211          (9) [A person] An individual who is arrested for a qualifying offense that is a felony
212     and released in accordance with this section may subsequently be held without bail if there is
213     substantial evidence to support a new felony charge against the [person] individual.
214          (10) At the time an arrest is made for a qualifying offense , the arresting officer shall
215     provide the alleged victim with written notice containing:
216          (a) the release conditions described in Subsections (3) through (5), and notice that the
217     alleged perpetrator will not be released, before appearing before the court with jurisdiction over
218     the offense for which the alleged perpetrator was arrested, unless:
219          (i) the alleged perpetrator enters into a written agreement to comply with the release
220     conditions; or
221          (ii) the magistrate orders the release conditions;
222          (b) notification of the penalties for violation of any jail release agreement or jail release
223     court order;
224          (c) notification that the alleged perpetrator is to personally appear in court on the next
225     day the court is open for business after the day of the arrest;
226          (d) the address of the appropriate court in the district or county in which the alleged
227     victim resides;
228          (e) the availability and effect of any waiver of the release conditions; and
229          (f) information regarding the availability of and procedures for obtaining civil and
230     criminal protective orders with or without the assistance of an attorney.
231          (11) At the time an arrest is made for a qualifying offense , the arresting officer shall
232     provide the alleged perpetrator with written notice containing:
233          (a) notification that the alleged perpetrator may not contact the alleged victim before
234     being released;
235          (b) the release conditions described in Subsections (3) through (5) and notice that the
236     alleged perpetrator will not be released, before appearing before the court with jurisdiction over
237     the offense for which the alleged perpetrator was arrested, unless:
238          (i) the alleged perpetrator enters into a written agreement to comply with the release
239     conditions; or
240          (ii) the magistrate orders the release conditions;
241          (c) notification of the penalties for violation of any jail release agreement or jail release
242     court order; and
243          (d) notification that the alleged perpetrator is to personally appear in court on the next
244     day the court is open for business after the day of the arrest.
245          (12) (a) A pretrial or sentencing protective order [supercedes] supersedes a jail release
246     agreement or jail release court order.
247          (b) If a court dismisses the charges for the qualifying offense that gave rise to a jail
248     release agreement or jail release court order, the court shall dismiss the jail release agreement
249     or jail release court order.
250          (13) In addition to the provisions of Subsections (3) through (12), because of the
251     unique and highly emotional nature of domestic violence crimes, the high recidivism rate of
252     violent offenders, and the demonstrated increased risk of continued acts of violence subsequent
253     to the release of an offender who has been arrested for domestic violence, it is the finding of
254     the Legislature that domestic violence crimes, as defined in Section 77-36-1, are crimes for
255     which bail may be denied if there is substantial evidence to support the charge, and if the court
256     finds by clear and convincing evidence that the alleged perpetrator would constitute a
257     substantial danger to an alleged victim of domestic violence if released on bail.
258          (14) The provisions of this section do not apply if the [person] individual arrested for
259     the qualifying offense is a minor, unless the qualifying offense is domestic violence.
260          Section 3. Section 77-36-1.1 is amended to read:
261          77-36-1.1. Enhancement of offense and penalty for subsequent domestic violence
262     offenses.
263          (1) For purposes of this section, "qualifying domestic violence offense" means:
264          (a) a domestic violence offense in Utah; [or]
265          (b) a violation of a jail release court order or jail release agreement executed under
266     Subsection 77-20-3.5(3); or
267          [(b)] (c) an offense in any other state, or in any district, possession, or territory of the
268     United States, that would be a domestic violence offense under Utah law.
269          (2) [A person] Except as provided in Subsection (3)(b), (4)(c), or (5)(d), an individual
270     who is convicted of a domestic violence offense is[: (a)] guilty of a class B misdemeanor if:
271          [(i)] (a) the domestic violence offense described in this Subsection (2) is designated by
272     law as a class C misdemeanor; and
273          [(ii) (A)] (b) (i) the domestic violence offense described in this Subsection (2) is
274     committed within [five] 10 years after the person is convicted of a qualifying domestic violence
275     offense; or
276          [(B) the person]
277          (ii) the individual is convicted of the domestic violence offense described in this
278     Subsection (2) within [five] 10 years after the [person] day on which the individual is convicted
279     of a qualifying domestic violence offense[;].
280          [(b)] (3) Except as provided in Subsection (4)(b), (4)(c), (5)(c), or (5)(d), an individual
281     who is convicted of a domestic violence offense is guilty of a class A misdemeanor if:
282          (a) (i) the domestic violence offense described in this Subsection [(2)] (3) is designated
283     by law as a class B misdemeanor; and
284          (ii) (A) the domestic violence offense described in this Subsection [(2)] (3) is
285     committed within [five] 10 years after the [person] day on which the individual is convicted of
286     a qualifying domestic violence offense; or
287          (B) the [person] individual is convicted of the domestic violence offense described in
288     this Subsection [(2) within five years after the person] (3) within 10 years after the day on
289     which the individual is convicted of a qualifying domestic violence offense; or
290          (b) (i) the domestic violence offense described in this Subsection (3) is designated by
291     law as a class C misdemeanor; and
292          (ii) (A) the individual has been convicted twice of a qualifying domestic violence
293     offense and commits the domestic violence offense described in this Subsection (3) within 10
294     years after the previous two convictions; or
295          (B) the individual has been convicted twice of a qualifying domestic violence offense
296     and is convicted of the domestic violence offense described in this Subsection (3) within 10
297     years after the previous two convictions.
298          [(c)] (4) Except as provided in Subsections (5)(b) through (d), an individual who is
299     convicted of a domestic violence offense is guilty of a felony of the third degree if:
300          (a) (i) the domestic violence offense described in this Subsection [(2)] (4) is designated
301     by law as a class A misdemeanor; and
302          (ii) (A) the domestic violence offense described in this Subsection [(2)] (4) is
303     committed within [five] 10 years after the [person] day on which the individual is convicted of
304     a qualifying domestic violence offense; or
305          (B) the [person] individual is convicted of the domestic violence offense described in
306     this Subsection [(2) within five years after the person] (4) within 10 years after the day on
307     which the individual is convicted of a qualifying domestic violence offense[.];
308          (b) (i) the domestic violence offense described in this Subsection (4) is designated by
309     law as a class B misdemeanor; and
310          (ii) (A) the individual has been convicted twice of a qualifying domestic violence
311     offense and commits the domestic violence offense described in this Subsection (4) within 10
312     years after the previous two convictions; or
313          (B) the individual has been convicted twice of a qualifying domestic violence offense
314     and is convicted of the domestic violence offense described in this Subsection (4) within 10
315     years after the previous two convictions; or
316          (c) (i) the domestic violence offense described in this Subsection (4) is designated by
317     law as a class C misdemeanor; and
318          (ii) (A) the individual has been convicted three times of a qualifying domestic violence
319     offense and commits the domestic violence offense described in this Subsection (4) within 10
320     years after the previous three convictions; or
321          (B) the individual has been convicted three times of a qualifying domestic violence
322     offense and is convicted of the domestic violence offense described in this Subsection (4)
323     within 10 years after the previous three convictions.
324          (5) An individual who is convicted of a domestic violence offense is guilty of a felony
325     of the second degree if:
326          (a) (i) the domestic violence offense described in this Subsection (5) is designated by
327     law as a third degree felony; and
328          (ii) (A) the domestic violence offense described in this Subsection (5) is committed
329     within 10 years after the day on which the individual is convicted of a qualifying domestic
330     violence offense; or
331          (B) the individual is convicted of the domestic violence offense described in this
332     Subsection (5) within 10 years after the day on which the individual is convicted of a
333     qualifying domestic violence offense; or
334          (b) (i) the domestic violence offense described in this Subsection (5) is designated by
335     law as a class A misdemeanor; and
336          (ii) (A) the individual has been convicted twice of a qualifying domestic violence
337     offense and commits the domestic violence offense described in this Subsection (5) within 10
338     years after the previous two convictions; or
339          (B) the individual has been convicted twice of a qualifying domestic violence offense
340     and is convicted of the domestic violence offense described in this Subsection (5) within 10
341     years after the previous two convictions;
342          (c) (i) the domestic violence offense described in this Subsection (5) is designated by
343     law as a class B misdemeanor; and
344          (ii) (A) the individual has been convicted three times of a qualifying domestic violence
345     offense and commits the domestic violence offense described in this Subsection (5) within 10
346     years after the previous three convictions; or
347          (B) the individual has been convicted three times of a qualifying domestic violence
348     offense and is convicted of the domestic violence offense described in this Subsection (5)
349     within 10 years after the previous three convictions; or
350          (d) (i) the domestic violence offense described in this Subsection (5) is designated by
351     law as a class C misdemeanor; and
352          (ii) (A) the individual has been convicted four times of a qualifying domestic violence
353     offense and commits the domestic violence offense described in this Subsection (5) within 10
354     years after the previous four convictions; or
355          (B) the individual has been convicted four times of a qualifying domestic violence
356     offense and is convicted of the domestic violence offense described in this Subsection (5)
357     within 10 years after the previous four convictions.
358          Section 4. Section 77-36-2.6 is amended to read:
359          77-36-2.6. Appearance of defendant required -- Determinations by court --
360     Pretrial protective order.
361          (1) A defendant who has been arrested for an offense involving domestic violence shall
362     appear in person or by video before the court or a magistrate within one judicial day after the
363     arrest.
364          (2) A defendant who has been charged by citation, indictment, or information with an
365     offense involving domestic violence but has not been arrested, shall appear before the court in
366     person for arraignment or initial appearance as soon as practicable, but no later than 14 days
367     after the next day on which court is in session following the issuance of the citation or the
368     filing of the indictment or information.
369          (3) At the time of an appearance under Subsection (1) or (2), the court shall:
370          (a) determine the necessity of imposing a pretrial protective order or other condition of
371     pretrial release, including participating in an electronic or other type of monitoring program in
372     accordance with Subsection 77-36-5(2)(b);
373          (b) identify the individual designated by the victim to communicate between the
374     defendant and the victim if and to the extent necessary for family related matters; and
375          (c) state its findings and determination in writing.
376          (4) Appearances required by this section are mandatory and may not be waived.
377          Section 5. Section 77-36-5 is amended to read:
378          77-36-5. Sentencing -- Restricting contact with victim -- Electronic monitoring --
379     Counseling -- Cost assessed against defendant -- Sentencing protective order --
380     Continuous protective order.
381          (1) (a) When a defendant is found guilty of a crime involving domestic violence and a
382     condition of the sentence restricts the defendant's contact with the victim, a sentencing
383     protective order may be issued under Subsection 77-36-5.1(2) for the length of the defendant's
384     probation or a continuous protective order may be issued under Subsection 77-36-5.1(6).
385          (b) (i) The sentencing protective order or continuous protective order shall be in
386     writing, and the prosecutor shall provide a certified copy of that order to the victim.
387          (ii) The court shall transmit the sentencing protective order or continuous protective
388     order to the statewide domestic violence network.
389          (c) Violation of a sentencing protective order or continuous protective order issued
390     [pursuant to this] under Subsection (1) is a class A misdemeanor.
391          (2) (a) In determining its sentence, the court, in addition to penalties otherwise
392     provided by law, [may require] shall determine whether requiring the defendant to participate
393     in an electronic or other type of monitoring program is necessary to protect the victim.
394          (b) In determining whether an electronic or another type of monitoring program is
395     necessary under Subsection (2)(a), the court shall consider all relevant factors, including:
396          (i) the defendant's risk to the victim based on a lethality assessment provided to the
397     court; and
398          (ii) whether the defendant was previously arrested for, or convicted of, a domestic
399     violence offense.
400          (c) The court shall order the defendant to pay the costs of the electronic or other type of
401     monitoring program according to the defendant's ability to pay.
402          (3) The court may also require the defendant to pay all or part of the costs of
403     counseling incurred by the victim and any children affected by or exposed to the domestic
404     violence offense, as well as the costs for the defendant's own counseling.
405          (4) The court shall:
406          (a) assess against the defendant, as restitution, any costs for services or treatment
407     provided to the victim and affected children of the victim or the defendant by the Division of
408     Child and Family Services under Section 62A-4a-106; and
409          (b) order those costs to be paid directly to the division or its contracted provider.
410          (5) The court may order the defendant to obtain and satisfactorily complete treatment
411     or therapy in a domestic violence treatment program, as defined in Section 62A-2-101, that is
412     licensed by the Department of Human Services.