7 LONG TITLE
8 General Description:
9 This bill makes changes to provisions relating to bail.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ provides procedural changes related to law enforcement issued citations;
14 ▸ creates a presumption of release for individuals arrested for certain criminal
15 offenses while the individual awaits trial;
16 ▸ provides that a person who is eligible for pretrial release shall be released under the
17 least restrictive reasonably available conditions to ensure the appearance of the
18 accused and the safety to the public;
19 ▸ provides standards and guidance for imposition of pretrial release conditions and
20 pretrial detention;
21 ▸ creates a presumption of pretrial detention for certain criminal offenses;
22 ▸ specifies the conditions under which a defendant may be denied pretrial release;
23 ▸ specifies pretrial release conditions that may be ordered by the court;
24 ▸ provides reporting requirements related to individuals released from law
25 enforcement custody on various conditions;
26 ▸ reduces the time allowance for bond forfeiture;
27 ▸ creates a special revenue fund to fund pretrial services programs with money
28 obtained from bond forfeiture proceedings; and
29 ▸ makes technical and conforming changes.
30 Money Appropriated in this Bill:
32 Other Special Clauses:
33 This bill provides a special effective date.
34 Utah Code Sections Affected:
36 77-7-19, as last amended by Laws of Utah 2009, Chapter 292
37 77-7-20, as last amended by Laws of Utah 2018, Chapter 309
38 77-7-21, as last amended by Laws of Utah 2009, Chapter 292
39 77-17-8, as last amended by Laws of Utah 1988, Second Special Session, Chapter 4
40 77-18a-1, as last amended by Laws of Utah 2016, Chapter 234
41 77-20-1, as last amended by Laws of Utah 2019, Chapters 184 and 397
42 77-20-4, as last amended by Laws of Utah 2019, Chapter 397
43 77-20-7, as last amended by Laws of Utah 2016, Chapter 234
44 77-20-8, as last amended by Laws of Utah 1988, Chapter 160
45 77-20-8.5, as last amended by Laws of Utah 2016, Chapter 234
46 77-20-9, as last amended by Laws of Utah 2018, Chapter 281
47 77-20-10, as last amended by Laws of Utah 2016, Chapter 234
48 77-20b-101, as last amended by Laws of Utah 2016, Chapter 234
49 77-20b-102, as last amended by Laws of Utah 2016, Chapter 234
50 77-20b-104, as last amended by Laws of Utah 2016, Chapter 234
51 78A-2-220, as last amended by Laws of Utah 2013, Chapter 245
53 63M-7-213, Utah Code Annotated 1953
54 77-20-1.1, Utah Code Annotated 1953
56 77-20-3, as last amended by Laws of Utah 2016, Chapter 234
58 Be it enacted by the Legislature of the state of Utah:
59 Section 1. Section 63M-7-213 is enacted to read:
60 63M-7-213. Pretrial Release Programs Special Revenue Fund -- Funding -- Uses.
61 (1) As used in this section:
62 (a) "Commission" means the Commission on Criminal and Juvenile Justice created in
63 Section 63M-7-201.
64 (b) "Fund" means the Pretrial Release Programs Special Revenue Fund created in this
66 (2) There is created an expendable special revenue fund known as the "Pretrial Release
67 Programs Special Revenue Fund."
68 (3) The Division of Finance shall administer the fund in accordance with this section.
69 (4) The fund shall consist of:
70 (a) money collected and remitted to the fund under Section 77-20-9;
71 (b) appropriations from the Legislature;
72 (c) interest earned on money in the fund; and
73 (d) contributions from other public or private sources.
74 (5) The commission shall award grants from the fund to county agencies and other
75 agencies the commission determines appropriate to assist counties with establishing and
76 expanding pretrial services programs that serve the purpose of:
77 (a) assisting a court in making an informed decision regarding an individual's pretrial
78 release; and
79 (b) providing supervision of an individual released from law enforcement custody on
80 conditions pending a final determination of a criminal charge filed against the individual.
81 (6) The commission may retain up to 3% of the money deposited into the fund to pay
82 for administrative costs incurred by the commission, including salary and benefits, equipment,
83 supplies, or travel costs that are directly related to the administration of this section.
84 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
85 commission shall establish a grant application and review process for the expenditure of money
86 from the fund.
87 (8) The grant application and review process shall describe:
88 (a) the requirements to complete the grant application;
89 (b) requirements for receiving funding;
90 (c) criteria for the approval of a grant application; and
91 (d) support offered by the commission to complete a grant application.
92 (9) Upon receipt of a grant application, the commission shall:
93 (a) review the grant application for completeness;
94 (b) make a determination regarding the grant application;
95 (c) inform the grant applicant of the commission's determination regarding the grant
96 application; and
97 (d) if approved, award grants from the fund to the grant applicant.
98 (10) Before November 30 of each year, the commission shall provide an electronic
99 report to the Law Enforcement and Criminal Justice Interim Committee regarding the status of
100 the fund and expenditures made from the fund.
101 Section 2. Section 77-7-19 is amended to read:
102 77-7-19. Appearance required by citation -- Arrest for failure to appear --
103 Transfer of cases -- Disposition of fines and costs.
104 (1) [
105 shall appear [
106 and date specified in the citation unless [
108 (a) the citation states that the court will, within five to 14 days, notify the individual of
109 when to appear; or
110 (b) the individual is permitted to remit the fine and other penalties without a personal
111 appearance in accordance with a uniform fine schedule adopted by the Judicial Council or by
112 court order under Section 77-7-21.
113 (2) A citation may not require [
114 sooner than five days or later than 14 days following its issuance.
126 (3) If the individual cited does not appear before the court as directed by the citation or
127 the court, or pay the fine as allowed by Section 77-7-21, the court may issue a bench warrant
128 for the individual's arrest.
132 the judge any citations over which the court may lack jurisdiction.
140 (b) Upon determining that the court lacks jurisdiction over a citation, the court shall:
141 (i) transfer the case to a court with jurisdiction;
142 (ii) if the court cannot readily identify a court with jurisdiction, dismiss the charges
143 contained in the citation; and
144 (iii) notify the prosecutor of the transfer or dismissal.
145 (c) Any fine, fee, or forfeiture collected by a court that lacks jurisdiction shall be:
146 (i) transferred to the court receiving the case; or
147 (ii) if the case is dismissed, returned to the defendant.
148 Section 3. Section 77-7-20 is amended to read:
149 77-7-20. Service of citation on defendant -- Filing in court -- Electronic filing --
150 Contents of citations.
151 (1) Except as provided in Subsection (4), a peace officer or [
152 official who issues a citation pursuant to Section 77-7-18 shall give the citation to the
153 individual cited and shall, within five business days, electronically file the data from
154 Subsections (2)(a) through (2)[
155 transmission shall use the court's electronic filing interface. A nonconforming filing is not
157 (2) The citation issued under authority of this chapter shall contain the following data:
158 (a) the name, address, and phone number of the court before which the individual is to
160 (b) the name and date of birth of the individual cited;
161 (c) a brief description of the offense charged;
162 (d) the date, time, and place at which the offense is alleged to have occurred;
163 (e) the date on which the citation was issued;
164 (f) the name of the peace officer or [
165 name of the arresting individual if [
166 the arrest and the citation was issued in lieu of taking the arrested individual before a
168 (g) the [
169 is to appear or a statement that the court will notify the individual of the time to appear;
174 This citation is not an information and will not be used as an information without your
175 consent. If an information is filed you will be provided a copy by the court. You MUST
176 appear in court on or before the time set in this citation or as directed by the court. IF YOU
177 FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
178 (3) By electronically filing the data with the court, the peace officer or [
180 (a) the citation or information, including the summons and complaint, was [
182 (b) the defendant committed the offense set forth in the [
184 (c) the court to which the defendant was directed to appear [
186 (4) (a) If a citing law enforcement officer is not reasonably able to access the efiling
187 system, the citation need not be filed electronically if being filed with a justice court.
188 (b) The court may accept an electronic filing received after five business days if:
189 (i) the defendant consents to the filing; and
190 (ii) the court finds the interests of justice would be best served by accepting the filing.
191 Section 4. Section 77-7-21 is amended to read:
192 77-7-21. Proceeding on citation -- Voluntary forfeiture of bail -- Parent signature
193 required -- Information, when required.
194 (1) (a) [
196 serve in lieu of an information to which the [
197 contest to the charge or charges listed and be sentenced [
203 (b) If provided by the uniform fine schedule described in Section 76-3-301.5, an
204 individual may remit the fine and other penalties without a personal appearance before the
205 court in any case charging a class B misdemeanor or lower offense, unless the charge is:
206 (i) a domestic violence offense as defined in Section 77-36-1;.
207 (ii) a violation of Section 41-6a-502, driving under the influence of alcohol, drugs, or a
208 combination of both or with specified or unsafe blood alcohol concentration;
209 (iii) a violation of Section 41-6a-517, driving with any measurable controlled substance
210 in the body;
211 (iv) a violation of a local ordinance similar to the offenses described in Subsections
212 (1)(b)(i) through (iii); or
213 (v) a violation that appears to:
214 (a) affect a victim, as defined in Section 77-38a-102; or
215 (b) require restitution, as defined in Section 77-38a-102.
216 (c) The remittal of fines and other penalties shall be entered as a conviction and treated
217 the same as if the accused pleaded no contest.
218 (d) If the person cited is under 18 years of age, [
220 citation [
221 the parent or guardian of the defendant.
222 (2) [
223 charged, further proceedings shall be held in accordance with the Rules of Criminal Procedure
224 and all other applicable provisions of this code [
229 Section 5. Section 77-17-8 is amended to read:
230 77-17-8. Mistake in charging offense -- Procedure -- Witnesses.
231 If, at any time before verdict or judgment, a mistake [
232 proper offense, and [
233 chargeable with another offense, the court may commit [
236 comply with one or more pretrial release conditions in accordance with Section 77-20-1 to
237 ensure the defendant's appearance in court.
238 Section 6. Section 77-18a-1 is amended to read:
239 77-18a-1. Appeals -- When proper.
240 (1) A defendant may, as a matter of right, appeal from:
241 (a) a final judgment of conviction, whether by verdict or plea;
242 (b) an order made after judgment that affects the substantial rights of the defendant;
243 (c) an order adjudicating the defendant's competency to proceed further in a pending
244 prosecution; or
245 (d) an order denying bail, as provided in [
246 (2) In addition to any appeal permitted by Subsection (1), a defendant may seek
247 discretionary appellate review of any interlocutory order.
248 (3) The prosecution may, as a matter of right, appeal from:
249 (a) a final judgment of dismissal, including a dismissal of a felony information
250 following a refusal to bind the defendant over for trial;
251 (b) a pretrial order dismissing a charge on the ground that the court's suppression of
252 evidence has substantially impaired the prosecution's case;
253 (c) an order granting a motion to withdraw a plea of guilty or no contest;
254 (d) an order arresting judgment or granting a motion for merger;
255 (e) an order terminating the prosecution because of a finding of double jeopardy or
256 denial of a speedy trial;
257 (f) an order granting a new trial;
258 (g) an order holding a statute or any part of it invalid;
259 (h) an order adjudicating the defendant's competency to proceed further in a pending
261 (i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for
262 Execution, that an inmate sentenced to death is incompetent to be executed;
263 (j) an order reducing the degree of offense pursuant to Section 76-3-402; or
264 (k) an illegal sentence.
265 (4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
266 discretionary appellate review of any interlocutory order entered before jeopardy attaches.
267 Section 7. Section 77-20-1 is amended to read:
268 77-20-1. Right to bail -- Pretrial status order -- Denial of bail -- Detention hearing
269 -- Motion to modify.
270 (1) As used in this chapter:
271 (a) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
272 (b) "Financial condition" or "monetary bail" means any monetary condition that may be
273 imposed under Section 77-20-4 to secure an individual's pretrial release.
274 (c) "Pretrial release" or "bail" means release of an individual charged with or arrested
275 for a criminal offense from law enforcement or judicial custody during the time the individual
276 awaits trial or other resolution of the criminal charges.
277 (d) "Pretrial status order" means an order issued by the court exercising jurisdiction
278 over an individual charged with a criminal offense that sets the terms and conditions of the
279 individual's pretrial release or denies pretrial release and orders that the individual be detained
280 pending resolution of the criminal charges.
283 (2) An individual charged with or arrested for a criminal offense shall be admitted to
284 bail as a matter of right, except if the individual is charged with a:
285 (a) capital felony, when the court finds there is substantial evidence to support the
287 (b) felony committed while on probation or parole, or while free on bail awaiting trial
288 on a previous felony charge, when the court finds there is substantial evidence to support the
289 current felony charge;
290 (c) felony when there is substantial evidence to support the charge and the court finds
291 by clear and convincing evidence that the individual would constitute a substantial danger to
292 any other individual or to the community, or is likely to flee the jurisdiction of the court, if
293 released on bail;
294 (d) felony when the court finds there is substantial evidence to support the charge and it
295 finds by clear and convincing evidence that the individual violated a material condition of
296 release while previously on bail; or
297 (e) domestic violence offense if the court finds:
298 (i) that there is substantial evidence to support the charge; and
299 (ii) by clear and convincing evidence, that the individual would constitute a substantial
300 danger to an alleged victim of domestic violence if released on bail.
310 (3) (a) A court exercising jurisdiction over an individual charged with or arrested for a
311 criminal offense shall issue a pretrial status order designating the conditions to be imposed
312 upon the individual's release or ordering that the individual be detained under this section
313 during the time the individual awaits trial or other resolution of the criminal charges.
314 (b) A court granting pretrial release shall impose the least restrictive reasonably
315 available conditions of release on the individual who is the subject of the pretrial status order
316 that the court determines will reasonably ensure:
317 (i) the individual's appearance in court when required;
318 (ii) the safety of any witnesses or victims of the offense allegedly committed by the
320 (iii) the safety and welfare of the public; and
321 (iv) that the individual will not obstruct or attempt to obstruct the criminal justice
323 (c) (i) The court shall issue the pretrial status order without unnecessary delay.
324 (ii) If a prosecutor files a motion for detention under Subsection (6), the court may
325 delay issuing the pretrial status order until after hearing the motion to detain if the court finds:
326 (A) the prosecutor's motion states a reasonable case for detention; and
327 (B) detaining the defendant until after the motion is heard is in the interests of justice
328 and public safety.
329 (4) (a) Except as otherwise provided in this section or Section 77-20-3.5, the court
330 shall order that an individual charged with a criminal offense be released on the individual's
331 own recognizance, on condition that the individual appear at all required court proceedings, if
332 the court finds that additional conditions are not necessary to reasonably ensure compliance
333 with Subsection (3)(b).
334 (b) The court shall impose additional release conditions if the court finds that
335 additional release conditions are necessary to reasonably ensure compliance with Subsection
336 (3)(b). The conditions imposed may include that the individual:
337 (i) not commit a federal, state, or local offense during the period of release;
338 (ii) avoid contact with a victim or victims of the alleged offense;
339 (iii) avoid contact with a witness or witnesses who may testify concerning the alleged
340 offense that are named in the pretrial status order;
341 (iv) not use or consume alcohol, or any narcotic drug or other controlled substance
342 except as prescribed by a licensed medical practitioner;
343 (v) submit to drug or alcohol testing;
344 (vi) complete a substance abuse evaluation and comply with any recommended
345 treatment or release program;
346 (vii) submit to electronic monitoring or location device tracking;
347 (viii) participate in inpatient or outpatient medical, behavioral, psychological, or
348 psychiatric treatment;
349 (ix) maintain employment, or if unemployed, actively seek employment;
350 (x) maintain or commence an education program;
351 (xi) comply with limitations on where the individual is allowed to be located or the
352 times the individual shall be or may not be at a specified location;
353 (xii) comply with specified restrictions on personal associations, place of residence, or
355 (xiii) report to a law enforcement agency, pretrial services program, or other designated
356 agency at a specified frequency or on specified dates;
357 (xiv) comply with a specified curfew;
358 (xv) forfeit or refrain from possession of a firearm or other dangerous weapon;
359 (xvi) if the individual is charged with an offense against a child, is limited or denied
360 access to any location or occupation where children are, including any residence where children
361 are on the premises, activities including organized activities in which children are involved,
362 locations where children congregate, or where a reasonable person should know that children
364 (xvii) comply with requirements for house arrest;
365 (xviii) return to custody for a specified period of time following release for
366 employment, schooling, or other limited purposes;
367 (xix) remain in the custody of one or more designated individuals who agree to
368 supervise and report on the behavior and activities of the individual charged and to encourage
369 compliance with all court orders and attendance at all required court proceedings;
370 (xx) comply with a financial condition; or
371 (xxi) comply with any other condition that is necessary to reasonably ensure
372 compliance with Subsection (3)(b).
373 (c) If the court determines a financial condition, other than an unsecured bond, is
374 necessary to impose on an individual as part of the individual's pretrial release, the court shall
375 consider the individual's ability to pay when determining the amount of the financial condition.
376 (5) In making a determination under Subsection (3), the court may rely on the
378 (a) any form of pretrial services assessment;
379 (b) the nature and circumstances of the offense or offenses charged, including whether
380 the charges include a violent offense and the vulnerability of witnesses or alleged victims;
381 (c) the nature and circumstances of the individual, including the individual's character,
382 physical and mental health, family and community ties, employment status and history,
383 financial resources, past criminal conduct, history of drug or alcohol abuse, and history of
384 timely appearances at required court proceedings;
385 (d) the potential danger to another individual or individuals posed by the release of the
387 (e) if the individual was on probation, parole, or release pending an upcoming court
388 proceeding at the time the individual allegedly committed the offense;
389 (f) the availability of other individuals who agree to assist the individual in attending
390 court when required or other evidence relevant to the individual's opportunities for supervision
391 in the individual's community;
392 (g) the eligibility and willingness of the individual to participate in various treatment
393 programs, including drug treatment; or
394 (h) other evidence relevant to the individual's likelihood of fleeing or violating the law
395 if released.
396 (6) (a) If the criminal charges filed against the individual include one or more offenses
397 eligible for detention under Subsection (2) or Utah Constitution, Article I, Section 8, the
398 prosecution may file a motion for pretrial detention.
399 (b) Upon receiving a motion under Subsection (6)(a), the court shall set a hearing on
400 the matter as soon as practicable.
401 (c) The individual who is the subject of the detention hearing has the right to be
402 represented by counsel at the pretrial detention hearing and, if a court finds the individual is
403 indigent under Section 78B-22-202, the court shall appoint counsel to represent the individual
404 in accordance with Section 78B-22-203.
405 (d) The court shall give both parties the opportunity to make arguments and to present
406 relevant evidence at the detention hearing.
407 (7) After hearing evidence on a motion for pretrial detention, the court may detain the
408 individual if:
409 (a) the individual is accused of committing an offense that qualifies the individual for
410 detention under Subsection (2) or Utah Constitution, Article I, Section 8;
411 (b) the prosecution demonstrates substantial evidence to support the charge, and meets
412 all additional evidentiary burdens required under Subsection (2) or Utah Constitution, Article I,
413 Section 8; and
414 (c) the court finds that no conditions that may be imposed upon granting the individual
415 pretrial release will reasonably ensure compliance with Subsection (3)(b).
416 (8) (a) If an individual is charged with a criminal offense described in Subsection
417 (8)(b), there is a rebuttable presumption that the individual be detained.
418 (b) Criminal charges that create a rebuttable presumption of detention under
419 Subsection (8)(a) include:
420 (i) criminal homicide as defined in Section 75-5-201; and
421 (ii) any offense for which the term of imprisonment may include life.
422 (c) The individual may rebut the presumption of detention by demonstrating, by a
423 preponderance of the evidence, that specified conditions of release will reasonably ensure
424 compliance with Subsection (3)(b).
426 shall issue the initial pretrial status order [
433 release court order issued in accordance with Section 77-20-3.5:
434 (i) may not be released before the accused's first judicial appearance; and
435 (ii) may be denied [
441 (b) Nothing in this section precludes or nullifies a jail release agreement or jail release
442 order required under Section 77-20-3.5.
444 party at any time upon notice to the opposing party sufficient to permit the opposing party to
445 prepare for hearing and to permit [
446 (b) Hearing on a motion to modify a pretrial status order may be held in conjunction
447 with a preliminary hearing or any other pretrial hearing.
448 (c) The [
449 may base its ruling on evidence provided at the hearing so long as each party is provided an
450 opportunity to present additional evidence or information relevant to bail.
452 made only upon a showing that there has been a material change in circumstances.
455 which shall review the determination under Subsection [
457 76-5-202, Aggravated murder, is a capital felony unless:
458 (a) the prosecutor files a notice of intent to not seek the death penalty; or
459 (b) the time for filing a notice to seek the death penalty has expired and the prosecutor
460 has not filed a notice to seek the death penalty.
461 Section 8. Section 77-20-1.1 is enacted to read:
462 77-20-1.1. Pretrial Release Data Requirements.
463 (1) Each district court shall submit the following data to the Commission on Criminal
464 and Juvenile Justice before July 1 of each year:
465 (a) for the preceding calendar year:
466 (i) the number of individuals charged with a criminal offense who failed to appear at a
467 required court preceding while the individual was released from law enforcement custody, in
468 accordance with Section 77-20-1, under each of the following categories of release:
469 (A) the individual's own recognizance;
470 (B) a financial condition; and
471 (C) a pretrial release condition other than a financial condition;
472 (ii) the number of offenses an individual committed while the individual was released
473 from law enforcement custody, in accordance with Section 77-20-1, under each of the
474 following categories of release:
475 (A) the individual's own recognizance;
476 (B) a financial condition; and
477 (C) a pretrial release condition other than a financial condition; and
478 (iii) the total amount of fees and fines, including bond forfeiture, collected by the court
479 from an individual for the individual's failure to comply with a condition of release under each
480 of the following categories of release:
481 (A) an individual's own recognizance;
482 (B) a financial condition; and
483 (C) a pretrial release condition other than a financial condition; and
484 (b) at the end of the preceding calendar year:
485 (i) the total number of outstanding warrants of arrest for individual's who were released
486 from law enforcement custody, in accordance with Section 77-20-1, under each of the
487 following categories of release:
488 (A) the individual's own recognizance;
489 (B) a financial condition; and
490 (C) a pretrial release condition other than a financial condition;
491 (ii) for each of the categories described in Subsection (1)(b)(i), the average length of
492 time that the outstanding warrants had been outstanding; and
493 (iii) for each of the categories described in Subsection (1)(b)(i), the number of
494 outstanding warrants for arrest for crimes of each of the following categories:
495 (A) a first degree felony;
496 (B) a second degree felony;
497 (C) a third degree felony;
498 (D) a class A misdemeanor;
499 (E) a class B misdemeanor; and
500 (F) a class C misdemeanor.
501 (2) Each county jail shall submit the following data, based on the preceding calendar
502 year, to the Commission of Criminal and Juvenile Justice before July 1 of each year:
503 (a) the number of individuals released upon payment of monetary bail before appearing
504 before a court;
505 (b) the number of individuals released on the individual's own recognizance before
506 appearing before a court; and
507 (c) the amount of monetary bail collected by the county jail.
508 (2) The Commission on Criminal and Juvenile Justice shall compile the data collected
509 under this section and shall submit the compiled data in an electronic report to the Law
510 Enforcement and Criminal Justice Interim Committee before November 1 of each year.
511 Section 9. Section 77-20-4 is amended to read:
512 77-20-4. Bail to be posted in cash, by credit or debit card, or by written
513 undertaking -- Specific monetary bail methods.
514 (1) (a) Except as provided in Subsection (2), the judge or magistrate shall set bail at a
515 single amount per case or charge.
516 (b) Subject to Subsection (2), a defendant may choose to post the amount described in
517 Subsection (1)(a) by any of the following methods:
518 (i) in cash;
519 (ii) by written undertaking with sureties;
520 (iii) by written undertaking without sureties, at the discretion of the judge or
521 magistrate; or
522 (iv) by credit or debit card, at the discretion of the judge or bail commissioner.
523 (2) A judge or magistrate may limit a defendant to a specific method of posting
524 monetary bail described in Subsection (1)(b)(i), (ii), (iii), or (iv):
525 (a) if, after charges are filed, the defendant fails to appear in the case on a [
526 and the case involves a violent offense;
527 (b) in order to allow the defendant to voluntarily forfeit monetary bail in accordance
528 with Section 77-7-21 and the offense with which the defendant is charged is listed in the shared
529 master offense table as one for which an appearance is not mandatory;
530 (c) if the defendant has failed to respond to a citation or summons and the offense with
531 which the defendant is charged is listed in the shared master offense table as one for which an
532 appearance is not mandatory;
533 (d) if a warrant is issued for the defendant solely for failure to pay a criminal judgment
534 account receivable, as defined in Section 77-32a-101, and the defendant's monetary bail is
535 limited to the amount owed; or
536 (e) if a court has entered a judgment of [
537 in any case involving the defendant.
538 (3) [
539 the monetary bail is posted the current mailing address, telephone number, and email address of
540 the surety.
541 (4) [
542 financial institution, shall be tendered to the courts.
543 (5) [
544 credit card, or cash. The amount refunded shall be the full amount received by the court under
545 Subsection (4), which may be less than the full amount of the monetary bail set by the court.
546 (6) Before refunding monetary bail that is posted by the defendant in cash, by credit
547 card, or by debit card, the court may apply the amount posted toward accounts receivable, as
548 defined in Section 77-32a-101, that are owed by the defendant in the priority set forth in
549 Section 77-38a-404.
550 Section 10. Section 77-20-7 is amended to read:
551 77-20-7. Duration of liability on undertaking -- Notices to sureties -- Exoneration
552 if charges not filed.
553 (1) (a) Except as provided in Subsection (1)(b), the principal and the sureties on [
554 bond or other written undertaking are liable on the bond or other written undertaking during all
555 proceedings and for all court appearances required of the defendant up to and including the
556 surrender of the defendant for sentencing, irrespective of any contrary provision in the bond or
557 other written undertaking. Any failure of the defendant to appear when required is a breach of
558 the conditions of the bond or other written undertaking [
559 forfeiture, regardless of whether or not notice of appearance was given to the sureties. Upon
560 sentencing the [
561 (b) If the sentence includes a commitment to a jail or prison, the [
562 written undertaking shall be exonerated when the defendant appears at the appropriate jail or
563 prison, unless the judge does not require the defendant to begin the commitment within seven
564 days, in which case the [
565 (c) For purposes of this section, an order of the court accepting a plea in abeyance
566 agreement and holding that plea in abeyance pursuant to Title 77, Chapter 2a, Pleas in
567 Abeyance, is considered to be the same as a sentencing upon a guilty plea.
568 (d) Any suspended or deferred sentencing is not the responsibility of the surety and the
570 of a plea in abeyance, probation, fine payments, post sentencing reviews, or any other deferred
571 sentencing reviews or any other deferred sentencing agreement.
572 (e) If a surety issues a bail bond after [
573 undertaking during all proceedings and for all court appearances required of the defendant up
574 to and including the defendant's appearance to commence serving the sentence imposed under
575 Subsection (1).
576 (2) If [
579 received, the court [
580 (a) relieve a person from conditions of release [
586 (b) refund any monetary bail, as provided in Subsection 77-20-4(5); and
587 (c) exonerate any bond or other written undertaking without further order of the court.
588 (3) (a) A request to extend time shall:
589 (i) be served on any surety and the defendant or the defendant's attorney; and
590 (ii) be granted for a period of up to 60 days.
591 (b) A court may grant a request to extend time for a period of up to 120 days upon a
592 showing of good cause.
594 (c) An extension of time does not prohibit the proper filing of charges against a person
595 at any time.
598 Section 11. Section 77-20-8 is amended to read:
599 77-20-8. Grounds for detaining or releasing defendant on conviction and prior to
601 (1) Upon conviction, by plea or trial, the court shall order that the convicted defendant
602 who is waiting imposition or execution of sentence be detained, unless the court finds by clear
603 and convincing evidence presented by the defendant that the defendant is not likely to flee the
604 jurisdiction of the court, and will not pose a danger to the physical, psychological, or financial
605 and economic safety or well-being of any other person or the community if released.
606 (2) If the court finds the defendant does not need to be detained, the court shall order
607 the release of the defendant on suitable conditions, which may include the conditions under
608 Subsection [
609 Section 12. Section 77-20-8.5 is amended to read:
610 77-20-8.5. Sureties -- Surrender of defendant -- Arrest of defendant.
611 (1) (a) Sureties may at any time prior to a defendant's failure to appear surrender the
612 defendant and obtain exoneration of monetary bail, by notifying the clerk of the court in which
613 the monetary bail was posted of the defendant's surrender and requesting exoneration.
614 Notification shall be made immediately following the surrender by surface mail, electronic
615 mail, or fax.
616 (b) To effect surrender, a certified copy of the surety's undertaking from the court in
617 which it was posted or a copy of the monetary bail agreement with the defendant shall be
618 delivered to the on-duty jailer, who shall detain the defendant in the on-duty jailer's custody as
619 upon a commitment, and shall in writing acknowledge the surrender upon the copy of the
620 undertaking or monetary bail agreement. The certified copy of the undertaking or copy of the
621 monetary bail agreement upon which the acknowledgment of surrender is endorsed shall be
622 filed with the court. The court may then, upon proper application, order the undertaking
623 exonerated and [
624 finds just.
625 (2) For the purpose of surrendering the defendant, the sureties may:
626 (a) arrest the defendant:
627 (i) at any time before the defendant is finally exonerated; and
628 (ii) at any place within the state; and
629 (b) surrender the defendant to any county jail booking facility in Utah.
630 (3) An arrest under this section is not a basis for exoneration of the [
631 Section 77-20b-101.
632 (4) A surety acting under this section is subject to Title 53, Chapter 11, Bail Bond
633 Recovery Act.
634 Section 13. Section 77-20-9 is amended to read:
635 77-20-9. Disposition of forfeitures.
636 If by reason of the neglect of the defendant to appear, money deposited [
637 as a financial condition or money paid by sureties on [
638 is not discharged or remitted, the clerk with whom it is deposited or paid shall, immediately
639 after final adjournment of the court, pay over the money forfeited as follows:
643 justice courts shall be distributed as provided in Sections 78A-7-120 and 78A-7-121; and
649 (2) in all other cases:
650 (a) 60% of the forfeited bond shall be paid to the Pretrial Release Programs Special
651 Revenue Fund established in Section 63M-7-213;
652 (b) 25% of the forfeited bond shall be paid to the General Fund; and
653 (c) 15% of the forfeited bond shall be paid to the prosecuting agency that brings an
654 action to collect under Section 77-20b-104.
655 Section 14. Section 77-20-10 is amended to read:
656 77-20-10. Grounds for detaining defendant while appealing the defendant's
657 conviction -- Conditions for release while on appeal.
658 (1) The court shall order that a defendant who has been found guilty of an offense in a
659 court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
660 appeal or a petition for a writ of certiorari, be detained, unless the court finds:
661 (a) the appeal raises a substantial question of law or fact likely to result in:
662 (i) reversal;
663 (ii) an order for a new trial; or
664 (iii) a sentence that does not include a term of imprisonment in jail or prison;
665 (b) the appeal is not for the purpose of delay; and
666 (c) by clear and convincing evidence presented by the defendant that the defendant is
667 not likely to flee the jurisdiction of the court, and will not pose a danger to the physical,
668 psychological, or financial and economic safety or well-being of any other person or the
669 community if released.
670 (2) If the court makes a finding under Subsection (1) that justifies not detaining the
671 defendant, the court shall order the release of the defendant, subject to conditions that result in
672 the least restrictive [
673 determines will reasonably [
674 and the safety of any other [
675 may include [
715 (3) The court may, in its discretion, amend an order granting release to impose
716 additional or different conditions of release.
717 (4) If the defendant [
718 files a timely notice of appeal pursuant to Subsection 78A-7-118(1) for a trial de novo, the
719 court shall stay all terms of a sentence, unless at the time of sentencing the judge finds by a
720 preponderance of the evidence that the defendant poses a danger to another person or the
722 (5) If a stay is ordered, the court may order post-conviction restrictions on the
723 defendant's conduct as appropriate, including:
724 (a) continuation of any pre-trial restrictions or orders;
725 (b) sentencing protective orders under Section 77-36-5.1;
726 (c) drug and alcohol use;
727 (d) use of an ignition interlock; and
728 (e) posting appropriate monetary bail.
729 (6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense
730 under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
731 (7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by
732 the district court.
733 Section 15. Section 77-20b-101 is amended to read:
734 77-20b-101. Entry of nonappearance -- Notice to surety -- Release of surety on
735 failure of timely notice.
736 (1) If a defendant who has posted bail fails to appear before the appropriate court as
737 required, the court shall within 30 days of the failure to appear issue a bench warrant that
738 includes the original case number. The court shall also direct that the surety or surety insurer
739 be given notice of the nonappearance. The clerk of the court shall:
740 (a) [
742 the bond;
746 prosecutor's office [
748 of the surety [
751 (2) The prosecutor may [
753 within 37 days after the date of the defendant's failure to appear.
754 (3) If notice of nonappearance is not [
755 listed on the [
756 surety or surety insurer and its [
759 email addresses on the bond in the court's file.
760 (4) (a) (i) If a defendant appears in court within [
761 scheduled court appearance, the court may reinstate the [
762 surety or surety insurer.
763 (ii) If the defendant, while in custody, appears on the case for which the [
764 was posted, the court may not reinstate the [
766 (b) If a defendant fails to appear within [
767 appearance, the court may not reinstate the [
768 surety insurer.
769 (c) If the defendant is arrested and booked into a county jail booking facility pursuant
770 to a warrant for failure to appear on the original charges and the court is notified of the arrest,
771 or the court recalls the warrant due to the defendant's having paid the fine and prior to entry of
772 judgment of forfeiture, the court shall exonerate the [
773 (d) Unless the court makes a finding of good cause why the bond should not be
774 exonerated, it shall exonerate the [
775 (i) the surety or surety insurer has delivered the defendant to the county jail booking
776 facility in the county where the original charge or charges are pending;
777 (ii) the defendant has been released on a bond secured from a subsequent surety or
778 surety insurer for the original charge and the failure to appear;
779 (iii) after an arrest, the defendant has escaped from jail or has been released on the
780 defendant's own recognizance, pursuant to a pretrial release, under a court order regulating jail
781 capacity, or by a sheriff's release under Section 17-22-5.5;
782 (iv) the surety or surety insurer has transported or agreed to pay for the transportation
783 of the defendant from a location outside of the county back to the county where the original
784 charge is pending, and the payment is in an amount equal to government transportation
785 expenses listed in Section 76-3-201; or
786 (v) the surety or surety insurer demonstrates by a preponderance of the evidence that:
787 (A) at the time the surety or surety insurer issued the [
788 reasonable efforts to determine that the defendant was legally present in the United States;
789 (B) a reasonable person would have concluded, based on the surety's or surety insurer's
790 determination, that the defendant was legally present in the United States; and
791 (C) the surety or surety insurer has failed to bring the defendant before the court
792 because the defendant is in federal custody or has been deported.
793 (e) Under circumstances not otherwise provided for in this section, the court may
794 exonerate the [
795 surety's or surety insurer's motion and there is good cause for the [
796 (f) If a surety's [
797 and the surety or surety insurer remains liable for the cost of transportation of the defendant,
798 the surety or surety insurer may take custody of the defendant for the purpose of transporting
799 the defendant to the jurisdiction where the charge is pending.
800 Section 16. Section 77-20b-102 is amended to read:
801 77-20b-102. Time for bringing defendant to court.
802 (1) If notice of nonappearance [
803 under Section 77-20b-101, the surety or surety insurer may bring the defendant before the court
804 or surrender the defendant into the custody of a county sheriff within the state within [
806 the [
807 (2) A surety or surety insurer may request an extension of the [
808 period in Subsection (1), if the surety or surety insurer within that time:
809 (a) files a motion for extension with the court; and
810 (b) mails the motion for extension and a notice of hearing on the motion to the
812 (3) The court may extend the [
813 than 60 days, if the surety or surety insurer has complied with Subsection (2) and the court
814 finds good cause.
815 Section 17. Section 77-20b-104 is amended to read:
816 77-20b-104. Forfeiture of bail.
817 (1) If a surety or surety insurer fails to bring the defendant before the court within the
818 time provided in Section 77-20b-102, the prosecuting attorney may request the forfeiture of the
820 (a) filing a motion for [
821 notice to the surety or surety insurer of the defendant's nonappearance; and
822 (b) [
823 (2) A court shall enter judgment of [
824 the court finds by a preponderance of the evidence:
825 (a) the defendant failed to appear as required;
826 (b) the surety or surety insurer was given notice of the defendant's nonappearance in
827 accordance with Section 77-20b-101;
828 (c) the surety or surety insurer failed to bring the defendant to the court within the
830 (d) the prosecutor has complied with the notice requirements under Subsection (1).
831 (3) If the surety or surety insurer shows by a preponderance of the evidence that it has
832 failed to bring the defendant before the court because the defendant is deceased through no act
833 of the surety or surety insurer, the court may not enter judgment of [
834 the [
835 (4) The amount of [
836 the defendant is in the custody of another jurisdiction and the state extradites or intends to
837 extradite the defendant, the court may reduce the amount forfeited to the actual or estimated
838 costs of returning the defendant to the court's jurisdiction. A judgment under Subsection (5)
840 (a) identify the surety or surety insurer against whom judgment is granted;
841 (b) specify the amount of [
842 (c) grant the forfeiture of the [
843 (d) be docketed by the clerk of the court in the civil judgment docket.
844 (5) A prosecutor may immediately commence collection proceedings to execute a
845 judgment of [
846 Section 18. Section 78A-2-220 is amended to read:
847 78A-2-220. Authority of magistrate.
848 (1) Except as otherwise provided by law, a magistrate as defined in Section 77-1-3
849 shall have the authority to:
850 (a) commit a person to incarceration prior to trial;
851 (b) set or deny bail under Section 77-20-1 and release upon the payment of monetary
852 bail and satisfaction of any other conditions of release;
853 (c) issue to any place in the state summonses and warrants of search and arrest and
854 authorize administrative traffic checkpoints under Section 77-23-104;
855 (d) conduct an initial appearance;
856 (e) conduct arraignments;
857 (f) conduct a preliminary examination to determine probable cause;
858 (g) appoint attorneys and order recoupment of attorney fees;
859 (h) order the preparation of presentence investigations and reports;
860 (i) issue temporary orders as provided by rule of the Judicial Council; and
861 (j) perform any other act or function authorized by statute.
862 (2) A judge of the justice court may exercise the authority of a magistrate specified in
863 Subsection (1) with the following limitations:
864 (a) a judge of the justice court may conduct an initial appearance, preliminary
865 examination, or arraignment as provided by rule of the Judicial Council; and
866 (b) a judge of the justice court may not [
867 capital felony [
868 Section 19. Repealer.
869 This bill repeals:
870 Section 77-20-3, Release on own recognizance -- Changing amount of bail or
871 conditions of release.
872 Section 20. Effective date.
873 This bill takes effect on October 1, 2020.