2
3
4
5
6
7
8 LONG TITLE
9 General Description:
10 This bill creates an Alcohol-Restricted Individual Program under the Alcoholic
11 Beverage Control Act.
12 Highlighted Provisions:
13 This bill:
14 ▸ requires the Department of Alcoholic Beverage Control to establish an
15 Alcohol-Restricted Individual Program (program);
16 ▸ prohibits a state store from selling, offering for sale, or furnishing liquor to an
17 individual enrolled in the program;
18 ▸ establishes the parameters of the program;
19 ▸ grants the Alcoholic Beverage Control Commission rulemaking authority to
20 administer the program; and
21 ▸ permits a court to order enrollment in the program.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 32B-2-503, as last amended by Laws of Utah 2011, Chapters 307 and 334
29 41-6a-502.5, as last amended by Laws of Utah 2015, Chapter 438
30 41-6a-505, as last amended by Laws of Utah 2019, Chapter 136
31 41-6a-512, as last amended by Laws of Utah 2015, Chapter 438
32 77-20-10, as last amended by Laws of Utah 2016, Chapter 234
33 77-36-5.1, as last amended by Laws of Utah 2018, Chapter 124
34 ENACTS:
35 32B-1-208, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 32B-1-208 is enacted to read:
39 32B-1-208. Alcohol-Restricted Individual Program.
40 (1) As used in this section, "program" means the Alcohol-Restricted Individual
41 Program the department establishes in accordance with Subsection (2).
42 (2) The department shall establish an Alcohol-Restricted Individual Program that:
43 (a) prohibits a state store from selling liquor to:
44 (i) an individual who voluntarily enrolls in the program; or
45 (ii) an individual a court orders to enroll in the program;
46 (b) uses an electronic program that scans proof of age to identify an individual enrolled
47 in the program;
48 (c) permits an individual who voluntarily enrolls in the program to cancel the
49 individual's enrollment, effective three days after the day on which the individual notifies the
50 department of the cancellation; and
51 (d) removes an individual a court orders to enroll in the program as the court
52 determines.
53 (3) The department may not:
54 (a) disclose any information related to an individual currently or previously enrolled in
55 the program; or
56 (b) retain any information related to an individual previously enrolled in the program.
57 (4) The commission may establish rules in accordance with Title 63G, Chapter 3, Utah
58 Administrative Rulemaking Act, to administer this section.
59 Section 2. Section 32B-2-503 is amended to read:
60 32B-2-503. Operational requirements for a state store.
61 (1) (a) A state store shall display in a prominent place in the store a sign in large letters
62 that consists of text in the following order:
63 (i) a header that reads: "WARNING";
64 (ii) a warning statement that reads: "Drinking alcoholic beverages during pregnancy
65 can cause birth defects and permanent brain damage for the child.";
66 (iii) a statement in smaller font that reads: "Call the Utah Department of Health at
67 [insert most current toll-free number] with questions or for more information.";
68 (iv) a header that reads: "WARNING"; and
69 (v) a warning statement that reads: "Driving under the influence of alcohol or drugs is a
70 serious crime that is prosecuted aggressively in Utah."
71 (b) (i) The text described in Subsections (1)(a)(i) through (iii) shall be in a different
72 font style than the text described in Subsections (1)(a)(iv) and (v).
73 (ii) The warning statements in the sign described in Subsection (1)(a) shall be in the
74 same font size.
75 (c) The Department of Health shall work with the commission and department to
76 facilitate consistency in the format of a sign required under this section.
77 (2) A state store may not sell, offer for sale, or furnish liquor except at a price fixed by
78 the commission.
79 (3) A state store may not sell, offer for sale, or furnish liquor to:
80 (a) a minor;
81 (b) a person actually, apparently, or obviously intoxicated;
82 (c) a known interdicted person; [
83 (d) a known habitual drunkard[
84 (e) an individual enrolled in the Alcohol-Restricted Individual Program described in
85 Section 32B-1-208.
86 (4) (a) A state store employee may not:
87 (i) consume an alcoholic product on the premises of a state store; or
88 (ii) allow any person to consume an alcoholic product on the premises of a state store.
89 (b) A violation of this Subsection (4) is a class B misdemeanor.
90 (5) (a) Sale or delivery of liquor may not be made on or from the premises of a state
91 store, and a state store may not be kept open for the sale of liquor:
92 (i) on Sunday; or
93 (ii) on a state or federal legal holiday.
94 (b) Sale or delivery of liquor may be made on or from the premises of a state store, and
95 a state store may be open for the sale of liquor, only on a day and during hours that the
96 commission directs by rule or order.
97 (6) (a) A minor may not be admitted into, or be on the premises of, a state store unless
98 accompanied by a person who is:
99 (i) 21 years of age or older; and
100 (ii) the minor's parent, legal guardian, or spouse.
101 (b) A state store employee that has reason to believe that a person who is on the
102 premises of a state store is under the age of 21 and is not accompanied by a person described in
103 Subsection (6)(a) may:
104 (i) ask the suspected minor for proof of age;
105 (ii) ask the person who accompanies the suspected minor for proof of age; and
106 (iii) ask the suspected minor or the person who accompanies the suspected minor for
107 proof of parental, guardianship, or spousal relationship.
108 (c) A state store employee shall refuse to sell liquor to the suspected minor and to the
109 person who accompanies the suspected minor into the state store if the suspected minor or
110 person fails to provide information specified in Subsection (6)(b).
111 (d) A state store employee shall require a suspected minor and the person who
112 accompanies the suspected minor into the state store to immediately leave the premises of the
113 state store if the suspected minor or person fails to provide information specified in Subsection
114 (6)(b).
115 (7) (a) A state store may not sell, offer for sale, or furnish liquor except in a sealed
116 container.
117 (b) A person may not open a sealed container on the premises of a state store.
118 (8) On or after October 1, 2011, a state store may not sell, offer for sale, or furnish
119 heavy beer in a sealed container that exceeds two liters.
120 Section 3. Section 41-6a-502.5 is amended to read:
121 41-6a-502.5. Impaired driving -- Penalty -- Reporting of convictions -- Sentencing
122 requirements.
123 (1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of
124 Section 41-6a-502 committed on or after July 1, 2008, may be entered as a conviction of
125 impaired driving under this section if:
126 (a) the defendant completes court ordered probation requirements; or
127 (b) (i) the prosecutor agrees as part of a negotiated plea; and
128 (ii) the court finds the plea to be in the interest of justice.
129 (2) A conviction entered under this section is a class B misdemeanor.
130 (3) (a) (i) If the entry of an impaired driving plea is based on successful completion of
131 probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.
132 (ii) If the defendant fails to appear before the court and establish successful completion
133 of the court ordered probation requirements under Subsection (1)(a), the court shall enter an
134 amended conviction of Section 41-6a-502.
135 (iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of
136 conviction.
137 (b) The court may enter a conviction of impaired driving immediately under
138 Subsection (1)(b).
139 (4) For purposes of Section 76-3-402, the entry of a plea to a class B misdemeanor
140 violation of Section 41-6a-502 as impaired driving under this section is a reduction of one
141 degree.
142 (5) (a) The court shall notify the Driver License Division of each conviction entered
143 under this section.
144 (b) Beginning on July 1, 2012, a court shall, monthly, send to the Division of
145 Occupational and Professional Licensing, created in Section 58-1-103, a report containing the
146 name, case number, and, if known, the date of birth of each person convicted during the
147 preceding month of a violation of this section for whom there is evidence that the person was
148 driving while impaired, in whole or in part, by a prescribed controlled substance.
149 (6) (a) The provisions in Subsections 41-6a-505(1), (2), and (4) that require a
150 sentencing court to order a convicted person to participate in a screening, an assessment, or an
151 educational series, enroll in the Alcohol-Restricted Individual Program, or obtain substance
152 abuse treatment or do a combination of those things, apply to a conviction entered under this
153 section.
154 (b) The court shall render the same order regarding screening, assessment, an
155 educational series, enrollment, or substance abuse treatment in connection with a first, second,
156 or subsequent conviction under this section as the court would render in connection with
157 applying respectively, the first, second, or subsequent conviction requirements of Subsection
158 41-6a-505(1), (2), or (4).
159 (7) (a) Except as provided in Subsection (7)(b), a report authorized by Section
160 53-3-104 may not contain any evidence of a conviction for impaired driving in this state if the
161 reporting court notifies the Driver License Division that the defendant is participating in or has
162 successfully completed the program of a driving under the influence court.
163 (b) The provisions of Subsection (7)(a) do not apply to a report concerning:
164 (i) a CDL license holder; or
165 (ii) a violation that occurred in a commercial motor vehicle.
166 (8) The provisions of this section are not available to a person who has a prior
167 conviction as that term is defined in Subsection 41-6a-501(2).
168 Section 4. Section 41-6a-505 is amended to read:
169 41-6a-505. Sentencing requirements for driving under the influence of alcohol,
170 drugs, or a combination of both violations.
171 (1) As part of any sentence for a first conviction of Section 41-6a-502:
172 (a) the court shall:
173 (i) (A) impose a jail sentence of not less than 48 consecutive hours; or
174 (B) require the individual to work in a compensatory-service work program for not less
175 than 48 hours;
176 (ii) order the individual to participate in a screening;
177 (iii) order the individual to participate in an assessment, if it is found appropriate by a
178 screening under Subsection (1)(a)(ii);
179 (iv) order the individual to participate in an educational series if the court does not
180 order substance abuse treatment as described under Subsection (1)(b);
181 (v) impose a fine of not less than $700;
182 (vi) order probation for the individual in accordance with Section 41-6a-507, if there is
183 admissible evidence that the individual had a blood alcohol level of .16 or higher;
184 (vii) (A) order the individual to pay the administrative impound fee described in
185 Section 41-6a-1406; or
186 (B) if the administrative impound fee was paid by a party described in Subsection
187 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
188 reimburse the party; or
189 (viii) (A) order the individual to pay the towing and storage fees described in Section
190 72-9-603; or
191 (B) if the towing and storage fees were paid by a party described in Subsection
192 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
193 reimburse the party; and
194 (b) the court may:
195 (i) order the individual to obtain substance abuse treatment if the substance abuse
196 treatment program determines that substance abuse treatment is appropriate;
197 (ii) order probation for the individual in accordance with Section 41-6a-507;
198 (iii) order the individual to participate in a 24-7 sobriety program as defined in Section
199 41-6a-515.5 if the individual is 21 years of age or older; [
200 (iv) order the individual to enroll in the Alcohol-Restricted Individual Program
201 described in Section 32B-1-208, for a period of time; or
202 [
203 (2) If an individual has a prior conviction as defined in Subsection 41-6a-501(2) that is
204 within 10 years of the current conviction under Section 41-6a-502 or the commission of the
205 offense upon which the current conviction is based:
206 (a) the court shall:
207 (i) (A) impose a jail sentence of not less than 240 hours; or
208 (B) impose a jail sentence of not less than 120 hours in addition to home confinement
209 of not fewer than 720 consecutive hours through the use of electronic monitoring that includes
210 a substance abuse testing instrument in accordance with Section 41-6a-506;
211 (ii) order the individual to participate in a screening;
212 (iii) order the individual to participate in an assessment, if it is found appropriate by a
213 screening under Subsection (2)(a)(ii);
214 (iv) order the individual to participate in an educational series if the court does not
215 order substance abuse treatment as described under Subsection (2)(b);
216 (v) impose a fine of not less than $800;
217 (vi) order probation for the individual in accordance with Section 41-6a-507;
218 (vii) (A) order the individual to pay the administrative impound fee described in
219 Section 41-6a-1406; or
220 (B) if the administrative impound fee was paid by a party described in Subsection
221 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
222 reimburse the party; or
223 (viii) (A) order the individual to pay the towing and storage fees described in Section
224 72-9-603; or
225 (B) if the towing and storage fees were paid by a party described in Subsection
226 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
227 reimburse the party; and
228 (b) the court may:
229 (i) order the individual to obtain substance abuse treatment if the substance abuse
230 treatment program determines that substance abuse treatment is appropriate;
231 (ii) order the individual to participate in a 24-7 sobriety program as defined in Section
232 41-6a-515.5 if the individual is 21 years of age or older; [
233 (iii) order the individual to enroll in the Alcohol-Restricted Individual Program
234 described in Section 32B-1-208, for a period of time; or
235 [
236 (3) Under Subsection 41-6a-503(2), if the court suspends the execution of a prison
237 sentence and places the defendant on probation, the court shall impose:
238 (a) a fine of not less than $1,500;
239 (b) a jail sentence of not less than 1,500 hours; and
240 (c) supervised probation.
241 (4) For Subsection (3) or Subsection 41-6a-503(2)(b), the court:
242 (a) shall impose an order requiring the individual to obtain a screening and assessment
243 for alcohol and substance abuse, and treatment as appropriate; and
244 (b) may impose an order requiring the individual to:
245 (i) participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the
246 individual is 21 years of age or older[
247 (ii) enroll in the Liquor Alcohol-Restricted Individual Program described in Section
248 32B-1-208, for a period of time.
249 (5) The requirements of Subsections (1)(a), (2)(a), (3), and (4) may not be suspended.
250 (6) If an individual is convicted of a violation of Section 41-6a-502 and there is
251 admissible evidence that the individual had a blood alcohol level of .16 or higher, the court
252 shall order the following, or describe on record why the order or orders are not appropriate:
253 (a) treatment as described under Subsection (1)(b), (2)(b), or (4); and
254 (b) one or more of the following:
255 (i) the installation of an ignition interlock system as a condition of probation for the
256 individual in accordance with Section 41-6a-518;
257 (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
258 device as a condition of probation for the individual; or
259 (iii) the imposition of home confinement through the use of electronic monitoring in
260 accordance with Section 41-6a-506.
261 Section 5. Section 41-6a-512 is amended to read:
262 41-6a-512. Factual basis for alcohol or drug-related reckless driving plea.
263 (1) (a) The prosecution shall state for the record a factual basis for a plea, including
264 whether or not there had been consumption of alcohol, drugs, or a combination of both, by the
265 defendant in connection with the violation when the prosecution agrees to a plea of guilty or no
266 contest to a charge of a violation of the following in satisfaction of, or as a substitute for, an
267 original charge of a violation of Section 41-6a-502 for an offense committed before July 1,
268 2008:
269 (i) reckless driving under Section 41-6a-528; or
270 (ii) an ordinance enacted under Section 41-6a-510.
271 (b) The statement under Subsection (1)(a) is an offer of proof of the facts that shows
272 whether there was consumption of alcohol, drugs, or a combination of both, by the defendant,
273 in connection with the violation.
274 (2) The court shall advise the defendant before accepting the plea offered under this
275 section of the consequences of a violation of Section 41-6a-528.
276 (3) The court shall notify the Driver License Division of each conviction of Section
277 41-6a-528 entered under this section.
278 (4) (a) The provisions in Subsections 41-6a-505(1), (2), and (4) that require a
279 sentencing court to order a convicted person to participate in a screening, an assessment, or an
280 educational series, enroll in the Alcohol-Restricted Individual Program, or obtain substance
281 abuse treatment or do a combination of those things, apply to a conviction for a violation of
282 Section 41-6a-528 under Subsection (1).
283 (b) The court shall render the same order regarding screening, assessment, an
284 educational series, enrollment, or substance abuse treatment in connection with a first, second,
285 or subsequent conviction under Section 41-6a-528 under Subsection (1), as the court would
286 render in connection with applying respectively, the first, second, or subsequent conviction
287 requirements of Subsections 41-6a-505(1), (2), and (4).
288 Section 6. Section 77-20-10 is amended to read:
289 77-20-10. Grounds for detaining defendant while appealing the defendant's
290 conviction -- Conditions for release while on appeal.
291 (1) The court shall order that a defendant who has been found guilty of an offense in a
292 court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
293 appeal or a petition for a writ of certiorari, be detained, unless the court finds:
294 (a) the appeal raises a substantial question of law or fact likely to result in:
295 (i) reversal;
296 (ii) an order for a new trial; or
297 (iii) a sentence that does not include a term of imprisonment in jail or prison;
298 (b) the appeal is not for the purpose of delay; and
299 (c) by clear and convincing evidence presented by the defendant that the defendant is
300 not likely to flee the jurisdiction of the court, and will not pose a danger to the physical,
301 psychological, or financial and economic safety or well-being of any other person or the
302 community if released.
303 (2) (a) If the court makes a finding under Subsection (1) that justifies not detaining the
304 defendant, the court shall order the release of the defendant, subject to conditions that result in
305 the least restrictive condition or combination of conditions that the court determines will
306 reasonably assure the appearance of the person as required and the safety of any other person
307 and the community.
308 (b) The conditions may include that the defendant:
309 [
310 [
311 in an amount necessary to assure the appearance of the defendant as required;
312 [
313 required, designated property, including money, as is reasonably necessary to assure the
314 appearance of the defendant; and
315 [
316 money as the court may specify;
317 [
318 [
319 supervision of the defendant and who agrees to report any violation of a release condition to the
320 court, if the designated person is reasonably able to assure the court that the defendant will
321 appear as required and will not pose a danger to the safety of any other person or the
322 community;
323 [
324 [
325 [
326 travel;
327 [
328 testified against the defendant or potential witnesses who may testify concerning the offense if
329 the appeal results in a reversal or an order for a new trial;
330 [
331 services agency, or other designated agency;
332 [
333 [
334 [
335 as prescribed by a licensed medical practitioner;
336 (xiv) enroll in the Alcohol-Restricted Individual Program described in Section
337 32B-1-208, for a period of time;
338 [
339 treatment for drug or alcohol dependency, and remain under the supervision of or in a specified
340 institution if required for that purpose;
341 [
342 schooling, or other limited purposes;
343 [
344 appearance of the defendant as required and to assure the safety of any other person and the
345 community; and
346 [
347 involving violence against a child 17 years of age or younger, is limited or denied access to any
348 location or occupation where children are, including but not limited to:
349 [
350 [
351 [
352 know that children congregate.
353 (3) The court may, in [
354 impose additional or different conditions of release.
355 (4) If defendant has been found guilty of an offense in a court not of record and files a
356 timely notice of appeal pursuant to Subsection 78A-7-118(1) for a trial de novo, the court shall
357 stay all terms of a sentence, unless at the time of sentencing the judge finds by a preponderance
358 of the evidence that the defendant poses a danger to another person or the community.
359 (5) If a stay is ordered, the court may order post-conviction restrictions on the
360 defendant's conduct as appropriate, including:
361 (a) continuation of any pre-trial restrictions or orders;
362 (b) sentencing protective orders under Section 77-36-5.1;
363 (c) drug and alcohol use;
364 (d) use of an ignition interlock; and
365 (e) posting appropriate bail.
366 (6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense
367 under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
368 (7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by
369 the district court.
370 Section 7. Section 77-36-5.1 is amended to read:
371 77-36-5.1. Conditions of probation for person convicted of domestic violence
372 offense -- Continuous protective orders.
373 (1) Before any perpetrator who has been convicted of a domestic violence offense may
374 be placed on probation, the court shall consider the safety and protection of the victim and any
375 member of the victim's family or household.
376 (2) The court may condition probation or a plea in abeyance on the perpetrator's
377 compliance with one or more orders of the court, which may include a sentencing protective
378 order:
379 (a) enjoining the perpetrator from threatening to commit or committing acts of
380 domestic violence against the victim or other family or household member;
381 (b) prohibiting the perpetrator from harassing, telephoning, contacting, or otherwise
382 communicating with the victim, directly or indirectly;
383 (c) requiring the perpetrator to stay away from the victim's residence, school, place of
384 employment, and the premises of any of these, or a specified place frequented regularly by the
385 victim or any designated family or household member;
386 (d) prohibiting the perpetrator from possessing or consuming alcohol or controlled
387 substances;
388 (e) requiring the perpetrator to enroll in the Alcohol-Restricted Individual Program
389 described in Section 32B-1-208, for a period of time;
390 [
391 other specified weapon;
392 [
393 possesses;
394 [
395 the court, a program of intervention for perpetrators, treatment for alcohol or substance abuse,
396 or psychiatric or psychological treatment;
397 [
398 shall be in accordance with Chapter 38a, Crime Victims Restitution Act; and
399 [
400 designated family or household member or to rehabilitate the perpetrator.
401 (3) The perpetrator is responsible for the costs of any condition of probation, according
402 to the perpetrator's ability to pay.
403 (4) (a) Adult Probation and Parole, or other provider, shall immediately report to the
404 court and notify the victim of any offense involving domestic violence committed by the
405 perpetrator, the perpetrator's failure to comply with any condition imposed by the court, and
406 any violation of any sentencing criminal protective order issued by the court.
407 (b) Notification of the victim under Subsection (4)(a) shall consist of a good faith
408 reasonable effort to provide prompt notification, including mailing a copy of the notification to
409 the last-known address of the victim.
410 (5) The court shall transmit all dismissals, terminations, and expirations of pretrial and
411 sentencing criminal protective orders issued by the court to the statewide domestic violence
412 network.
413 (6) (a) Because of the serious, unique, and highly traumatic nature of domestic violence
414 crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of
415 continued acts of violence subsequent to the release of a perpetrator who is convicted of
416 domestic violence, it is the finding of the Legislature that domestic violence crimes warrant the
417 issuance of continuous protective orders under this Subsection (6) because of the need to
418 provide ongoing protection for the victim and to be consistent with the purposes of protecting
419 victims' rights under Chapter 37, Victims' Rights, and Chapter 38, Rights of Crime Victims
420 Act, and Article I, Section 28 of the Utah Constitution.
421 (b) If a perpetrator is convicted of a domestic violence offense resulting in a sentence
422 of imprisonment, including jail, that is to be served after conviction, the court shall issue a
423 continuous protective order at the time of the conviction or sentencing limiting the contact
424 between the perpetrator and the victim unless the court determines by clear and convincing
425 evidence that the victim does not a have a reasonable fear of future harm or abuse.
426 (c) (i) The court shall notify the perpetrator of the right to request a hearing.
427 (ii) If the perpetrator requests a hearing under this Subsection (6)(c), the court shall
428 hold the hearing at the time determined by the court. The continuous protective order shall be
429 in effect while the hearing is being scheduled and while the hearing is pending.
430 (d) A continuous protective order is permanent in accordance with this Subsection
431 (6)(d) and may grant the following relief:
432 (i) enjoining the perpetrator from threatening to commit or committing acts of
433 domestic violence against the victim or other family or household member;
434 (ii) prohibiting the perpetrator from harassing, telephoning, contacting, or otherwise
435 communicating with the victim, directly or indirectly;
436 (iii) prohibiting the perpetrator from going to the victim's residence, school, place of
437 employment, and the premises of any of these, or a specified place frequented regularly by the
438 victim or any designated family or other household member;
439 (iv) directing the perpetrator to pay restitution to the victim as may apply, and shall be
440 enforced in accordance with Chapter 38a, Crime Victims Restitution Act; and
441 (v) any other order the court considers necessary to fully protect the victim and
442 members of the victim's family or other household member.
443 (e) A continuous protective order may be modified or dismissed only if the court
444 determines by clear and convincing evidence that all requirements of this Subsection (6) have
445 been met and the victim does not have a reasonable fear of future harm or abuse.
446 (f) Notice of a continuous protective order issued pursuant to this section shall be sent
447 by the court to the statewide domestic violence network.
448 (g) Violation of a continuous protective order issued pursuant to this Subsection (6) is
449 a class A misdemeanor, is a domestic violence offense under Section 77-36-1, and is subject to
450 increased penalties in accordance with Section 77-36-1.1.
451 (h) In addition to the process of issuing a continuous protective order described in
452 Subsection (6)(a), a district court may issue a continuous protective order at any time if the
453 victim files a petition with the district court, and after notice and hearing the district court finds
454 that a continuous protective order is necessary to protect the victim.
455 (7) (a) Before release of a person who is subject to a continuous protective order issued
456 under Subsection (6), the victim shall receive notice of the imminent release by the law
457 enforcement agency that is releasing the person who is subject to the continuous protective
458 order:
459 (i) if the victim has provided the law enforcement agency contact information; and
460 (ii) in accordance with Section 64-13-14.7, if applicable.
461 (b) Before release, the law enforcement agency shall notify in writing the person being
462 released that a violation of the continuous protective order issued at the time of conviction or
463 sentencing continues to apply, and that a violation of the continuous protective order is a class
464 A misdemeanor, is a separate domestic violence offense under Section 77-36-1, and is subject
465 to increased penalties in accordance with Section 77-36-1.1.
466 (8) In addition to a protective order issued under this section, the court may issue a
467 separate order relating to the transfer of a wireless telephone number in accordance with
468 Section 77-36-5.3.