6 Eric K. Hutchings
8 LONG TITLE
9 General Description:
10 This bill makes changes to provisions relating to bail.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ provides procedural changes related to law enforcement issued citations;
15 ▸ creates a presumption of release for individuals arrested for certain criminal
16 offenses while the individual awaits trial;
17 ▸ provides that a person who is eligible for pretrial release shall be released under the
18 least restrictive reasonably available conditions to ensure the appearance of the
19 accused and the safety to the public;
20 ▸ provides standards and guidance for imposition of pretrial release conditions and
21 pretrial detention;
22 ▸ creates a presumption of pretrial detention for certain criminal offenses;
23 ▸ specifies the conditions under which a defendant may be denied pretrial release;
24 ▸ specifies pretrial release conditions that may be ordered by the court;
25 ▸ provides reporting requirements related to individuals released from law
26 enforcement custody on various conditions;
27 ▸ reduces the time allowance for bond forfeiture;
28 ▸ creates a special revenue fund to fund pretrial services programs with money
29 obtained from bond forfeiture proceedings; and
30 ▸ makes technical and conforming changes.
31 Money Appropriated in this Bill:
33 Other Special Clauses:
34 This bill provides a special effective date.
35 Utah Code Sections Affected:
37 77-7-19, as last amended by Laws of Utah 2009, Chapter 292
38 77-7-20, as last amended by Laws of Utah 2018, Chapter 309
39 77-7-21, as last amended by Laws of Utah 2009, Chapter 292
40 77-17-8, as last amended by Laws of Utah 1988, Second Special Session, Chapter 4
41 77-18a-1, as last amended by Laws of Utah 2016, Chapter 234
42 77-20-1, as last amended by Laws of Utah 2019, Chapters 184 and 397
43 77-20-4, as last amended by Laws of Utah 2019, Chapter 397
44 77-20-7, as last amended by Laws of Utah 2016, Chapter 234
45 77-20-8, as last amended by Laws of Utah 1988, Chapter 160
46 77-20-8.5, as last amended by Laws of Utah 2016, Chapter 234
47 77-20-9, as last amended by Laws of Utah 2018, Chapter 281
48 77-20-10, as last amended by Laws of Utah 2016, Chapter 234
49 77-20b-101, as last amended by Laws of Utah 2016, Chapter 234
50 77-20b-102, as last amended by Laws of Utah 2016, Chapter 234
51 77-20b-104, as last amended by Laws of Utah 2016, Chapter 234
52 78A-2-220, as last amended by Laws of Utah 2013, Chapter 245
54 63M-7-213, Utah Code Annotated 1953
55 77-20-1.1, Utah Code Annotated 1953
57 77-20-3, as last amended by Laws of Utah 2016, Chapter 234
59 Be it enacted by the Legislature of the state of Utah:
60 Section 1. Section 63M-7-213 is enacted to read:
61 63M-7-213. Pretrial release programs special revenue fund -- Funding -- Uses.
62 (1) As used in this section:
63 (a) "Commission" means the Commission on Criminal and Juvenile Justice created in
64 Section 63M-7-201.
65 (b) "Fund" means the Pretrial Release Programs Special Revenue Fund created in this
67 (2) There is created an expendable special revenue fund known as the "Pretrial Release
68 Programs Special Revenue Fund."
69 (3) The Division of Finance shall administer the fund in accordance with this section.
70 (4) The fund shall consist of:
71 (a) money collected and remitted to the fund under Section 77-20-9;
72 (b) appropriations from the Legislature;
73 (c) interest earned on money in the fund; and
74 (d) contributions from other public or private sources.
75 (5) The commission shall award grants from the fund to county agencies and other
76 agencies the commission determines appropriate to assist counties with establishing and
77 expanding pretrial services programs that serve the purpose of:
78 (a) assisting a court in making an informed decision regarding an individual's pretrial
79 release; and
80 (b) providing supervision of an individual released from law enforcement custody on
81 conditions pending a final determination of a criminal charge filed against the individual.
82 (6) The commission may retain up to 3% of the money deposited into the fund to pay
83 for administrative costs incurred by the commission, including salary and benefits, equipment,
84 supplies, or travel costs that are directly related to the administration of this section.
85 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
86 commission shall establish a grant application and review process for the expenditure of money
87 from the fund.
88 (8) The grant application and review process shall describe:
89 (a) the requirements to complete the grant application;
90 (b) requirements for receiving funding;
91 (c) criteria for the approval of a grant application; and
92 (d) support offered by the commission to complete a grant application.
93 (9) Upon receipt of a grant application, the commission shall:
94 (a) review the grant application for completeness;
95 (b) make a determination regarding the grant application;
96 (c) inform the grant applicant of the commission's determination regarding the grant
97 application; and
98 (d) if approved, award grants from the fund to the grant applicant.
99 (10) Before November 30 of each year, the commission shall provide an electronic
100 report to the Law Enforcement and Criminal Justice Interim Committee regarding the status of
101 the fund and expenditures made from the fund.
102 Section 2. Section 77-7-19 is amended to read:
103 77-7-19. Appearance required by citation -- Arrest for failure to appear --
104 Transfer of cases -- Disposition of fines and costs.
105 (1) [
106 shall appear [
107 and date specified in the citation unless [
109 (a) the citation states that the court will, within five to 14 days, notify the individual of
110 when to appear; or
111 (b) the individual is permitted to remit the fine and other penalties without a personal
112 appearance in accordance with a uniform fine schedule adopted by the Judicial Council or by
113 court order under Section 77-7-21.
114 (2) A citation may not require [
115 sooner than five days or later than 14 days following its issuance.
127 (3) If the individual cited does not appear before the court as directed by the citation or
128 the court, or pay the fine as allowed by Section 77-7-21, the court may issue a bench warrant
129 for the individual's arrest.
133 the judge any citations over which the court may lack jurisdiction.
141 (b) Upon determining that the court lacks jurisdiction over a citation, the court shall:
142 (i) transfer the case to a court with jurisdiction;
143 (ii) if the court cannot readily identify a court with jurisdiction, dismiss the charges
144 contained in the citation; and
145 (iii) notify the prosecutor of the transfer or dismissal.
146 (c) Any fine, fee, or forfeiture collected by a court that lacks jurisdiction shall be:
147 (i) transferred to the court receiving the case; or
148 (ii) if the case is dismissed, returned to the defendant.
149 Section 3. Section 77-7-20 is amended to read:
150 77-7-20. Service of citation on defendant -- Filing in court -- Electronic filing --
151 Contents of citations.
152 (1) Except as provided in Subsection (4), a peace officer or [
153 official who issues a citation pursuant to Section 77-7-18 shall give the citation to the
154 individual cited and shall, within five business days, electronically file the data from
155 Subsections (2)(a) through (2)[
156 transmission shall use the court's electronic filing interface. A nonconforming filing is not
158 (2) The citation issued under authority of this chapter shall contain the following data:
159 (a) the name, address, and phone number of the court before which the individual is to
161 (b) the name and date of birth of the individual cited;
162 (c) a brief description of the offense charged;
163 (d) the date, time, and place at which the offense is alleged to have occurred;
164 (e) the date on which the citation was issued;
165 (f) the name of the peace officer or [
166 name of the arresting individual if [
167 the arrest and the citation was issued in lieu of taking the arrested individual before a
169 (g) the [
170 is to appear or a statement that the court will notify the individual of the time to appear;
175 This citation is not an information and will not be used as an information without your
176 consent. If an information is filed you will be provided a copy by the court. You MUST
177 appear in court on or before the time set in this citation or as directed by the court. IF YOU
178 FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
179 (3) By electronically filing the data with the court, the peace officer or [
181 (a) the citation or information, including the summons and complaint, was [
183 (b) the defendant committed the offense set forth in the [
185 (c) the court to which the defendant was directed to appear [
187 (4) (a) If a citing law enforcement officer is not reasonably able to access the efiling
188 system, the citation need not be filed electronically if being filed with a justice court.
189 (b) The court may accept an electronic filing received after five business days if:
190 (i) the defendant consents to the filing; and
191 (ii) the court finds the interests of justice would be best served by accepting the filing.
192 Section 4. Section 77-7-21 is amended to read:
193 77-7-21. Proceeding on citation -- Voluntary forfeiture of bail -- Parent signature
194 required -- Information, when required.
195 (1) (a) [
197 serve in lieu of an information to which the [
198 contest to the charge or charges listed and be sentenced [
204 (b) If provided by the uniform fine schedule described in Section 76-3-301.5, an
205 individual may remit the fine and other penalties without a personal appearance before the
206 court in any case charging a class B misdemeanor or lower offense, unless the charge is:
207 (i) a domestic violence offense as defined in Section 77-36-1;
208 (ii) a violation of Section 41-6a-502, driving under the influence of alcohol, drugs, or a
209 combination of both or with specified or unsafe blood alcohol concentration;
210 (iii) a violation of Section 41-6a-517, driving with any measurable controlled substance
211 in the body;
212 (iv) a violation of a local ordinance similar to the offenses described in Subsections
213 (1)(b)(i) through (iii); or
214 (v) a violation that appears to:
215 (A) affect a victim, as defined in Section 77-38a-102; or
216 (B) require restitution, as defined in Section 77-38a-102.
217 (c) The remittal of fines and other penalties shall be entered as a conviction and treated
218 the same as if the accused pleaded no contest.
219 (d) If the person cited is under 18 years of age, [
221 citation [
222 the parent or guardian of the defendant.
223 (2) [
224 charged, further proceedings shall be held in accordance with the Rules of Criminal Procedure
225 and all other applicable provisions of this code [
230 Section 5. Section 77-17-8 is amended to read:
231 77-17-8. Mistake in charging offense -- Procedure -- Witnesses.
232 If, at any time before verdict or judgment, a mistake [
233 proper offense, and [
234 chargeable with another offense, the court may commit [
237 comply with one or more pretrial release conditions in accordance with Section 77-20-1 to
238 ensure the defendant's appearance in court.
239 Section 6. Section 77-18a-1 is amended to read:
240 77-18a-1. Appeals -- When proper.
241 (1) A defendant may, as a matter of right, appeal from:
242 (a) a final judgment of conviction, whether by verdict or plea;
243 (b) an order made after judgment that affects the substantial rights of the defendant;
244 (c) an order adjudicating the defendant's competency to proceed further in a pending
245 prosecution; or
246 (d) an order denying bail, as provided in [
247 (2) In addition to any appeal permitted by Subsection (1), a defendant may seek
248 discretionary appellate review of any interlocutory order.
249 (3) The prosecution may, as a matter of right, appeal from:
250 (a) a final judgment of dismissal, including a dismissal of a felony information
251 following a refusal to bind the defendant over for trial;
252 (b) a pretrial order dismissing a charge on the ground that the court's suppression of
253 evidence has substantially impaired the prosecution's case;
254 (c) an order granting a motion to withdraw a plea of guilty or no contest;
255 (d) an order arresting judgment or granting a motion for merger;
256 (e) an order terminating the prosecution because of a finding of double jeopardy or
257 denial of a speedy trial;
258 (f) an order granting a new trial;
259 (g) an order holding a statute or any part of it invalid;
260 (h) an order adjudicating the defendant's competency to proceed further in a pending
262 (i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for
263 Execution, that an inmate sentenced to death is incompetent to be executed;
264 (j) an order reducing the degree of offense pursuant to Section 76-3-402; or
265 (k) an illegal sentence.
266 (4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
267 discretionary appellate review of any interlocutory order entered before jeopardy attaches.
268 Section 7. Section 77-20-1 is amended to read:
269 77-20-1. Right to bail -- Pretrial status order -- Denial of bail -- Detention hearing
270 -- Motion to modify.
271 (1) As used in this chapter:
272 (a) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
273 (b) "Financial condition" or "monetary bail" means any monetary condition that may be
274 imposed under Section 77-20-4 to secure an individual's pretrial release.
275 (c) "Pretrial release" or "bail" means release of an individual charged with or arrested
276 for a criminal offense from law enforcement or judicial custody during the time the individual
277 awaits trial or other resolution of the criminal charges.
278 (d) "Pretrial status order" means an order issued by the court exercising jurisdiction
279 over an individual charged with a criminal offense that sets the terms and conditions of the
280 individual's pretrial release or denies pretrial release and orders that the individual be detained
281 pending resolution of the criminal charges.
284 (2) An individual charged with or arrested for a criminal offense shall be admitted to
285 bail as a matter of right, except if the individual is charged with a:
286 (a) capital felony, when the court finds there is substantial evidence to support the
288 (b) felony committed while on probation or parole, or while free on bail awaiting trial
289 on a previous felony charge, when the court finds there is substantial evidence to support the
290 current felony charge;
291 (c) felony when there is substantial evidence to support the charge and the court finds
292 by clear and convincing evidence that the individual would constitute a substantial danger to
293 any other individual or to the community, or is likely to flee the jurisdiction of the court, if
294 released on bail;
295 (d) felony when the court finds there is substantial evidence to support the charge and it
296 finds by clear and convincing evidence that the individual violated a material condition of
297 release while previously on bail; or
298 (e) domestic violence offense if the court finds:
299 (i) that there is substantial evidence to support the charge; and
300 (ii) by clear and convincing evidence, that the individual would constitute a substantial
301 danger to an alleged victim of domestic violence if released on bail.
311 (3) (a) A court exercising jurisdiction over an individual charged with or arrested for a
312 criminal offense shall issue a pretrial status order designating the conditions to be imposed
313 upon the individual's release or ordering that the individual be detained under this section
314 during the time the individual awaits trial or other resolution of the criminal charges.
315 (b) A court granting pretrial release shall impose the least restrictive reasonably
316 available conditions of release on the individual who is the subject of the pretrial status order
317 that the court determines will reasonably ensure:
318 (i) the individual's appearance in court when required;
319 (ii) the safety of any witnesses or victims of the offense allegedly committed by the
321 (iii) the safety and welfare of the public; and
322 (iv) that the individual will not obstruct or attempt to obstruct the criminal justice
324 (c) (i) The court shall issue the pretrial status order without unnecessary delay.
325 (ii) If a prosecutor files a motion for detention under Subsection (6), the court may
326 delay issuing the pretrial status order until after hearing the motion to detain if the court finds:
327 (A) the prosecutor's motion states a reasonable case for detention; and
328 (B) detaining the defendant until after the motion is heard is in the interests of justice
329 and public safety.
330 (4) (a) Except as otherwise provided in this section or Section 77-20-3.5, the court
331 shall order that an individual charged with a criminal offense be released on the individual's
332 own recognizance, on condition that the individual appear at all required court proceedings, if
333 the court finds that additional conditions are not necessary to reasonably ensure compliance
334 with Subsection (3)(b).
335 (b) The court shall impose additional release conditions if the court finds that
336 additional release conditions are necessary to reasonably ensure compliance with Subsection
337 (3)(b). The conditions imposed may include that the individual:
338 (i) not commit a federal, state, or local offense during the period of release;
339 (ii) avoid contact with a victim or victims of the alleged offense;
340 (iii) avoid contact with a witness or witnesses who may testify concerning the alleged
341 offense that are named in the pretrial status order;
342 (iv) not use or consume alcohol, or any narcotic drug or other controlled substance
343 except as prescribed by a licensed medical practitioner;
344 (v) submit to drug or alcohol testing;
345 (vi) complete a substance abuse evaluation and comply with any recommended
346 treatment or release program;
347 (vii) submit to electronic monitoring or location device tracking;
348 (viii) participate in inpatient or outpatient medical, behavioral, psychological, or
349 psychiatric treatment;
350 (ix) maintain employment, or if unemployed, actively seek employment;
351 (x) maintain or commence an education program;
352 (xi) comply with limitations on where the individual is allowed to be located or the
353 times the individual shall be or may not be at a specified location;
354 (xii) comply with specified restrictions on personal associations, place of residence, or
356 (xiii) report to a law enforcement agency, pretrial services program, or other designated
357 agency at a specified frequency or on specified dates;
358 (xiv) comply with a specified curfew;
359 (xv) forfeit or refrain from possession of a firearm or other dangerous weapon;
360 (xvi) if the individual is charged with an offense against a child, is limited or denied
361 access to any location or occupation where children are, including any residence where children
362 are on the premises, activities including organized activities in which children are involved,
363 locations where children congregate, or where a reasonable person should know that children
365 (xvii) comply with requirements for house arrest;
366 (xviii) return to custody for a specified period of time following release for
367 employment, schooling, or other limited purposes;
368 (xix) remain in the custody of one or more designated individuals who agree to
369 supervise and report on the behavior and activities of the individual charged and to encourage
370 compliance with all court orders and attendance at all required court proceedings;
371 (xx) comply with a financial condition; or
372 (xxi) comply with any other condition that is necessary to reasonably ensure
373 compliance with Subsection (3)(b).
374 (c) If the court determines a financial condition, other than an unsecured bond, is
375 necessary to impose on an individual as part of the individual's pretrial release, the court shall
376 consider the individual's ability to pay when determining the amount of the financial condition.
377 (5) In making a determination under Subsection (3), the court may rely on the
379 (a) any form of pretrial services assessment;
380 (b) the nature and circumstances of the offense or offenses charged, including whether
381 the charges include a violent offense and the vulnerability of witnesses or alleged victims;
382 (c) the nature and circumstances of the individual, including the individual's character,
383 physical and mental health, family and community ties, employment status and history,
384 financial resources, past criminal conduct, history of drug or alcohol abuse, and history of
385 timely appearances at required court proceedings;
386 (d) the potential danger to another individual or individuals posed by the release of the
388 (e) if the individual was on probation, parole, or release pending an upcoming court
389 proceeding at the time the individual allegedly committed the offense;
390 (f) the availability of other individuals who agree to assist the individual in attending
391 court when required or other evidence relevant to the individual's opportunities for supervision
392 in the individual's community;
393 (g) the eligibility and willingness of the individual to participate in various treatment
394 programs, including drug treatment; or
395 (h) other evidence relevant to the individual's likelihood of fleeing or violating the law
396 if released.
397 (6) (a) If the criminal charges filed against the individual include one or more offenses
398 eligible for detention under Subsection (2) or Utah Constitution, Article I, Section 8, the
399 prosecution may file a motion for pretrial detention.
400 (b) Upon receiving a motion under Subsection (6)(a), the court shall set a hearing on
401 the matter as soon as practicable.
402 (c) The individual who is the subject of the detention hearing has the right to be
403 represented by counsel at the pretrial detention hearing and, if a court finds the individual is
404 indigent under Section 78B-22-202, the court shall appoint counsel to represent the individual
405 in accordance with Section 78B-22-203.
406 (d) The court shall give both parties the opportunity to make arguments and to present
407 relevant evidence at the detention hearing.
408 (7) After hearing evidence on a motion for pretrial detention, the court may detain the
409 individual if:
410 (a) the individual is accused of committing an offense that qualifies the individual for
411 detention under Subsection (2) or Utah Constitution, Article I, Section 8;
412 (b) the prosecution demonstrates substantial evidence to support the charge, and meets
413 all additional evidentiary burdens required under Subsection (2) or Utah Constitution, Article I,
414 Section 8; and
415 (c) the court finds that no conditions that may be imposed upon granting the individual
416 pretrial release will reasonably ensure compliance with Subsection (3)(b).
417 (8) (a) If an individual is charged with a criminal offense described in Subsection
418 (8)(b), there is a rebuttable presumption that the individual be detained.
419 (b) Criminal charges that create a rebuttable presumption of detention under
420 Subsection (8)(a) include:
421 (i) criminal homicide as defined in Section 75-5-201; and
422 (ii) any offense for which the term of imprisonment may include life.
423 (c) The individual may rebut the presumption of detention by demonstrating, by a
424 preponderance of the evidence, that specified conditions of release will reasonably ensure
425 compliance with Subsection (3)(b).
427 shall issue the initial pretrial status order [
434 release court order issued in accordance with Section 77-20-3.5:
435 (i) may not be released before the accused's first judicial appearance; and
436 (ii) may be denied [
442 (b) Nothing in this section precludes or nullifies a jail release agreement or jail release
443 order required under Section 77-20-3.5.
445 party at any time upon notice to the opposing party sufficient to permit the opposing party to
446 prepare for hearing and to permit [
447 (b) Hearing on a motion to modify a pretrial status order may be held in conjunction
448 with a preliminary hearing or any other pretrial hearing.
449 (c) The [
450 may base its ruling on evidence provided at the hearing so long as each party is provided an
451 opportunity to present additional evidence or information relevant to bail.
453 made only upon a showing that there has been a material change in circumstances.
456 which shall review the determination under Subsection [
458 76-5-202, Aggravated murder, is a capital felony unless:
459 (a) the prosecutor files a notice of intent to not seek the death penalty; or
460 (b) the time for filing a notice to seek the death penalty has expired and the prosecutor
461 has not filed a notice to seek the death penalty.
462 Section 8. Section 77-20-1.1 is enacted to read:
463 77-20-1.1. Pretrial release data requirements.
464 (1) The Administrative Office of the Courts shall submit the following data on
465 individuals for whom the Administrative Office of the Courts has a state identification number
466 broken down by judicial district to the Commission on Criminal and Juvenile Justice before
467 July 1 of each year:
468 (a) for the preceding calendar year:
469 (i) the number of individuals charged with a criminal offense who failed to appear at a
470 required court preceding while on pretrial release, in accordance with Section 77-20-1, under
471 each of the following categories of release:
472 (A) the individual's own recognizance;
473 (B) a financial condition; and
474 (C) a pretrial release condition other than a financial condition;
475 (ii) the number of offenses that carry a potential penalty of incarceration an individual
476 committed while on pretrial release, in accordance with Section 77-20-1, under each of the
477 following categories of release:
478 (A) the individual's own recognizance;
479 (B) a financial condition; and
480 (C) a pretrial release condition other than a financial condition; and
481 (iii) the total amount of fees and fines, including bond forfeiture, collected by the court
482 from an individual for the individual's failure to comply with a condition of pretrial release
483 under each of the following categories of release:
484 (A) an individual's own recognizance;
485 (B) a financial condition; and
486 (C) a pretrial release condition other than a financial condition; and
487 (b) at the end of the preceding calendar year:
488 (i) the total number of outstanding warrants of arrest for individuals who were released
489 from law enforcement custody, in accordance with Section 77-20-1, under each of the
490 following categories of release:
491 (A) the individual's own recognizance;
492 (B) a financial condition; and
493 (C) a pretrial release condition other than a financial condition;
494 (ii) for each of the categories described in Subsection (1)(b)(i), the average length of
495 time that the outstanding warrants had been outstanding; and
496 (iii) for each of the categories described in Subsection (1)(b)(i), the number of
497 outstanding warrants for arrest for crimes of each of the following categories:
498 (A) a first degree felony;
499 (B) a second degree felony;
500 (C) a third degree felony;
501 (D) a class A misdemeanor;
502 (E) a class B misdemeanor; and
503 (F) a class C misdemeanor.
504 (2) Each county jail shall submit the following data, based on the preceding calendar
505 year, to the Commission of Criminal and Juvenile Justice before July 1 of each year:
506 (a) the number of individuals released upon payment of monetary bail before appearing
507 before a court;
508 (b) the number of individuals released on the individual's own recognizance before
509 appearing before a court; and
510 (c) the amount of monetary bail collected by the county jail.
511 (3) The Commission on Criminal and Juvenile Justice shall compile the data collected
512 under this section and shall submit the compiled data in an electronic report to the Law
513 Enforcement and Criminal Justice Interim Committee before November 1 of each year.
514 Section 9. Section 77-20-4 is amended to read:
515 77-20-4. Bail to be posted in cash, by credit or debit card, or by written
516 undertaking -- Specific monetary bail methods.
517 (1) (a) Except as provided in Subsection (2), the judge or magistrate shall set bail at a
518 single amount per case or charge.
519 (b) Subject to Subsection (2), a defendant may choose to post the amount described in
520 Subsection (1)(a) by any of the following methods:
521 (i) in cash;
522 (ii) by written undertaking with sureties;
523 (iii) by written undertaking without sureties, at the discretion of the judge or
524 magistrate; or
525 (iv) by credit or debit card, at the discretion of the judge or bail commissioner.
526 (2) A judge or magistrate may limit a defendant to a specific method of posting
527 monetary bail described in Subsection (1)(b)(i), (ii), (iii), or (iv):
528 (a) if, after charges are filed, the defendant fails to appear in the case on a [
529 and the case involves a violent offense;
530 (b) in order to allow the defendant to voluntarily forfeit monetary bail in accordance
531 with Section 77-7-21 and the offense with which the defendant is charged is listed in the shared
532 master offense table as one for which an appearance is not mandatory;
533 (c) if the defendant has failed to respond to a citation or summons and the offense with
534 which the defendant is charged is listed in the shared master offense table as one for which an
535 appearance is not mandatory;
536 (d) if a warrant is issued for the defendant solely for failure to pay a criminal judgment
537 account receivable, as defined in Section 77-32a-101, and the defendant's monetary bail is
538 limited to the amount owed; or
539 (e) if a court has entered a judgment of [
540 in any case involving the defendant.
541 (3) [
542 the monetary bail is posted the current mailing address, telephone number, and email address of
543 the surety.
544 (4) [
545 financial institution, shall be tendered to the courts.
546 (5) [
547 credit card, or cash. The amount refunded shall be the full amount received by the court under
548 Subsection (4), which may be less than the full amount of the monetary bail set by the court.
549 (6) Before refunding monetary bail that is posted by the defendant in cash, by credit
550 card, or by debit card, the court may apply the amount posted toward accounts receivable, as
551 defined in Section 77-32a-101, that are owed by the defendant in the priority set forth in
552 Section 77-38a-404.
553 Section 10. Section 77-20-7 is amended to read:
554 77-20-7. Duration of liability on undertaking -- Notices to sureties -- Exoneration
555 if charges not filed.
556 (1) (a) Except as provided in Subsection (1)(b), the principal and the sureties on [
557 bond or other written undertaking are liable on the bond or other written undertaking during all
558 proceedings and for all court appearances required of the defendant up to and including the
559 surrender of the defendant for sentencing, irrespective of any contrary provision in the bond or
560 other written undertaking. Any failure of the defendant to appear when required is a breach of
561 the conditions of the bond or other written undertaking [
562 forfeiture, regardless of whether or not notice of appearance was given to the sureties. Upon
563 sentencing the [
564 (b) If the sentence includes a commitment to a jail or prison, the [
565 written undertaking shall be exonerated when the defendant appears at the appropriate jail or
566 prison, unless the judge does not require the defendant to begin the commitment within seven
567 days, in which case the [
568 (c) For purposes of this section, an order of the court accepting a plea in abeyance
569 agreement and holding that plea in abeyance pursuant to Title 77, Chapter 2a, Pleas in
570 Abeyance, is considered to be the same as a sentencing upon a guilty plea.
571 (d) Any suspended or deferred sentencing is not the responsibility of the surety and the
573 of a plea in abeyance, probation, fine payments, post sentencing reviews, or any other deferred
574 sentencing reviews or any other deferred sentencing agreement.
575 (e) If a surety issues a bail bond after [
576 undertaking during all proceedings and for all court appearances required of the defendant up
577 to and including the defendant's appearance to commence serving the sentence imposed under
578 Subsection (1).
579 (2) If [
582 received, the court [
583 (a) relieve a person from conditions of release [
589 (b) refund any monetary bail, as provided in Subsection 77-20-4(5); and
590 (c) exonerate any bond or other written undertaking without further order of the court.
591 (3) (a) A request to extend time shall:
592 (i) be served on any surety and the defendant or the defendant's attorney; and
593 (ii) be granted for a period of up to 60 days.
594 (b) A court may grant a request to extend time for a period of up to 120 days upon a
595 showing of good cause.
597 (c) An extension of time does not prohibit the proper filing of charges against a person
598 at any time.
601 Section 11. Section 77-20-8 is amended to read:
602 77-20-8. Grounds for detaining or releasing defendant on conviction and prior to
604 (1) Upon conviction, by plea or trial, the court shall order that the convicted defendant
605 who is waiting imposition or execution of sentence be detained, unless the court finds by clear
606 and convincing evidence presented by the defendant that the defendant is not likely to flee the
607 jurisdiction of the court, and will not pose a danger to the physical, psychological, or financial
608 and economic safety or well-being of any other person or the community if released.
609 (2) If the court finds the defendant does not need to be detained, the court shall order
610 the release of the defendant on suitable conditions, which may include the conditions under
611 Subsection [
612 Section 12. Section 77-20-8.5 is amended to read:
613 77-20-8.5. Sureties -- Surrender of defendant -- Arrest of defendant.
614 (1) (a) Sureties may at any time prior to a defendant's failure to appear surrender the
615 defendant and obtain exoneration of monetary bail, by notifying the clerk of the court in which
616 the monetary bail was posted of the defendant's surrender and requesting exoneration.
617 Notification shall be made immediately following the surrender by surface mail, electronic
618 mail, or fax.
619 (b) To effect surrender, a certified copy of the surety's undertaking from the court in
620 which it was posted or a copy of the monetary bail agreement with the defendant shall be
621 delivered to the on-duty jailer, who shall detain the defendant in the on-duty jailer's custody as
622 upon a commitment, and shall in writing acknowledge the surrender upon the copy of the
623 undertaking or monetary bail agreement. The certified copy of the undertaking or copy of the
624 monetary bail agreement upon which the acknowledgment of surrender is endorsed shall be
625 filed with the court. The court may then, upon proper application, order the undertaking
626 exonerated and [
627 finds just.
628 (2) For the purpose of surrendering the defendant, the sureties may:
629 (a) arrest the defendant:
630 (i) at any time before the defendant is finally exonerated; and
631 (ii) at any place within the state; and
632 (b) surrender the defendant to any county jail booking facility in Utah.
633 (3) An arrest under this section is not a basis for exoneration of the [
634 Section 77-20b-101.
635 (4) A surety acting under this section is subject to Title 53, Chapter 11, Bail Bond
636 Recovery Act.
637 Section 13. Section 77-20-9 is amended to read:
638 77-20-9. Disposition of forfeitures.
639 If by reason of the neglect of the defendant to appear, money deposited [
640 as a financial condition or money paid by sureties on [
641 is not discharged or remitted, the clerk with whom it is deposited or paid shall, immediately
642 after final adjournment of the court, pay over the money forfeited as follows:
646 justice courts shall be distributed as provided in Sections 78A-7-120 and 78A-7-121; and
652 (2) in all other cases:
653 (a) 60% of the forfeited bond shall be paid to the Pretrial Release Programs Special
654 Revenue Fund established in Section 63M-7-213;
655 (b) 25% of the forfeited bond shall be paid to the General Fund; and
656 (c) 15% of the forfeited bond shall be paid to the prosecuting agency that brings an
657 action to collect under Section 77-20b-104.
658 Section 14. Section 77-20-10 is amended to read:
659 77-20-10. Grounds for detaining defendant while appealing the defendant's
660 conviction -- Conditions for release while on appeal.
661 (1) The court shall order that a defendant who has been found guilty of an offense in a
662 court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
663 appeal or a petition for a writ of certiorari, be detained, unless the court finds:
664 (a) the appeal raises a substantial question of law or fact likely to result in:
665 (i) reversal;
666 (ii) an order for a new trial; or
667 (iii) a sentence that does not include a term of imprisonment in jail or prison;
668 (b) the appeal is not for the purpose of delay; and
669 (c) by clear and convincing evidence presented by the defendant that the defendant is
670 not likely to flee the jurisdiction of the court, and will not pose a danger to the physical,
671 psychological, or financial and economic safety or well-being of any other person or the
672 community if released.
673 (2) If the court makes a finding under Subsection (1) that justifies not detaining the
674 defendant, the court shall order the release of the defendant, subject to conditions that result in
675 the least restrictive [
676 determines will reasonably [
677 and the safety of any other [
678 may include [
718 (3) The court may, in its discretion, amend an order granting release to impose
719 additional or different conditions of release.
720 (4) If the defendant [
721 files a timely notice of appeal pursuant to Subsection 78A-7-118(1) for a trial de novo, the
722 court shall stay all terms of a sentence, unless at the time of sentencing the judge finds by a
723 preponderance of the evidence that the defendant poses a danger to another person or the
725 (5) If a stay is ordered, the court may order post-conviction restrictions on the
726 defendant's conduct as appropriate, including:
727 (a) continuation of any pre-trial restrictions or orders;
728 (b) sentencing protective orders under Section 77-36-5.1;
729 (c) drug and alcohol use;
730 (d) use of an ignition interlock; and
731 (e) posting appropriate monetary bail.
732 (6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense
733 under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
734 (7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by
735 the district court.
736 Section 15. Section 77-20b-101 is amended to read:
737 77-20b-101. Entry of nonappearance -- Notice to surety -- Release of surety on
738 failure of timely notice.
739 (1) If a defendant who has posted bail fails to appear before the appropriate court as
740 required, the court shall within 30 days of the failure to appear issue a bench warrant that
741 includes the original case number. The court shall also direct that the surety or surety insurer
742 be given notice of the nonappearance. The clerk of the court shall:
743 (a) [
745 the bond;
749 prosecutor's office [
751 of the surety [
754 (2) The prosecutor may [
756 within 37 days after the date of the defendant's failure to appear.
757 (3) If notice of nonappearance is not [
758 listed on the [
759 surety or surety insurer and its [
762 email addresses on the bond in the court's file.
763 (4) (a) (i) If a defendant appears in court within [
764 scheduled court appearance, the court may reinstate the [
765 surety or surety insurer.
766 (ii) If the defendant, while in custody, appears on the case for which the [
767 was posted, the court may not reinstate the [
769 (b) If a defendant fails to appear within [
770 appearance, the court may not reinstate the [
771 surety insurer.
772 (c) If the defendant is arrested and booked into a county jail booking facility pursuant
773 to a warrant for failure to appear on the original charges and the court is notified of the arrest,
774 or the court recalls the warrant due to the defendant's having paid the fine and prior to entry of
775 judgment of forfeiture, the court shall exonerate the [
776 (d) Unless the court makes a finding of good cause why the bond should not be
777 exonerated, it shall exonerate the [
778 (i) the surety or surety insurer has delivered the defendant to the county jail booking
779 facility in the county where the original charge or charges are pending;
780 (ii) the defendant has been released on a bond secured from a subsequent surety or
781 surety insurer for the original charge and the failure to appear;
782 (iii) after an arrest, the defendant has escaped from jail or has been released on the
783 defendant's own recognizance, pursuant to a pretrial release, under a court order regulating jail
784 capacity, or by a sheriff's release under Section 17-22-5.5;
785 (iv) the surety or surety insurer has transported or agreed to pay for the transportation
786 of the defendant from a location outside of the county back to the county where the original
787 charge is pending, and the payment is in an amount equal to government transportation
788 expenses listed in Section 76-3-201; or
789 (v) the surety or surety insurer demonstrates by a preponderance of the evidence that:
790 (A) at the time the surety or surety insurer issued the [
791 reasonable efforts to determine that the defendant was legally present in the United States;
792 (B) a reasonable person would have concluded, based on the surety's or surety insurer's
793 determination, that the defendant was legally present in the United States; and
794 (C) the surety or surety insurer has failed to bring the defendant before the court
795 because the defendant is in federal custody or has been deported.
796 (e) Under circumstances not otherwise provided for in this section, the court may
797 exonerate the [
798 surety's or surety insurer's motion and there is good cause for the [
799 (f) If a surety's [
800 and the surety or surety insurer remains liable for the cost of transportation of the defendant,
801 the surety or surety insurer may take custody of the defendant for the purpose of transporting
802 the defendant to the jurisdiction where the charge is pending.
803 Section 16. Section 77-20b-102 is amended to read:
804 77-20b-102. Time for bringing defendant to court.
805 (1) If notice of nonappearance [
806 under Section 77-20b-101, the surety or surety insurer may bring the defendant before the court
807 or surrender the defendant into the custody of a county sheriff within the state within [
809 the [
810 (2) A surety or surety insurer may request an extension of the [
811 period in Subsection (1), if the surety or surety insurer within that time:
812 (a) files a motion for extension with the court; and
813 (b) mails the motion for extension and a notice of hearing on the motion to the
815 (3) The court may extend the [
816 than 60 days, if the surety or surety insurer has complied with Subsection (2) and the court
817 finds good cause.
818 Section 17. Section 77-20b-104 is amended to read:
819 77-20b-104. Forfeiture of bail.
820 (1) If a surety or surety insurer fails to bring the defendant before the court within the
821 time provided in Section 77-20b-102, the prosecuting attorney may request the forfeiture of the
823 (a) filing a motion for [
824 notice to the surety or surety insurer of the defendant's nonappearance; and
825 (b) [
826 (2) A court shall enter judgment of [
827 the court finds by a preponderance of the evidence:
828 (a) the defendant failed to appear as required;
829 (b) the surety or surety insurer was given notice of the defendant's nonappearance in
830 accordance with Section 77-20b-101;
831 (c) the surety or surety insurer failed to bring the defendant to the court within the
833 (d) the prosecutor has complied with the notice requirements under Subsection (1).
834 (3) If the surety or surety insurer shows by a preponderance of the evidence that it has
835 failed to bring the defendant before the court because the defendant is deceased through no act
836 of the surety or surety insurer, the court may not enter judgment of [
837 the [
838 (4) The amount of [
839 the defendant is in the custody of another jurisdiction and the state extradites or intends to
840 extradite the defendant, the court may reduce the amount forfeited to the actual or estimated
841 costs of returning the defendant to the court's jurisdiction. A judgment under Subsection (5)
843 (a) identify the surety or surety insurer against whom judgment is granted;
844 (b) specify the amount of [
845 (c) grant the forfeiture of the [
846 (d) be docketed by the clerk of the court in the civil judgment docket.
847 (5) A prosecutor may immediately commence collection proceedings to execute a
848 judgment of [
849 Section 18. Section 78A-2-220 is amended to read:
850 78A-2-220. Authority of magistrate.
851 (1) Except as otherwise provided by law, a magistrate as defined in Section 77-1-3
852 shall have the authority to:
853 (a) commit a person to incarceration prior to trial;
854 (b) set or deny bail under Section 77-20-1 and release upon the payment of monetary
855 bail and satisfaction of any other conditions of release;
856 (c) issue to any place in the state summonses and warrants of search and arrest and
857 authorize administrative traffic checkpoints under Section 77-23-104;
858 (d) conduct an initial appearance;
859 (e) conduct arraignments;
860 (f) conduct a preliminary examination to determine probable cause;
861 (g) appoint attorneys and order recoupment of attorney fees;
862 (h) order the preparation of presentence investigations and reports;
863 (i) issue temporary orders as provided by rule of the Judicial Council; and
864 (j) perform any other act or function authorized by statute.
865 (2) A judge of the justice court may exercise the authority of a magistrate specified in
866 Subsection (1) with the following limitations:
867 (a) a judge of the justice court may conduct an initial appearance, preliminary
868 examination, or arraignment as provided by rule of the Judicial Council; and
869 (b) a judge of the justice court may not [
870 capital felony [
871 Section 19. Repealer.
872 This bill repeals:
873 Section 77-20-3, Release on own recognizance -- Changing amount of bail or
874 conditions of release.
875 Section 20. Effective date.
876 This bill takes effect on October 1, 2020.