1     
SENTENCING MODIFICATION AMENDMENTS

2     
2020 SIXTH SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill enacts and amends provisions related to the modification of an individual's jail
10     sentence in a public health emergency.
11     Highlighted Provisions:
12          This bill:
13          ▸     enacts the Sentence Modification in Emergencies Act;
14          ▸     defines terms;
15          ▸     allows for an individual who is committed to a county jail and for whom probation has
16     been terminated, or a prosecuting attorney, to file a petition for extraordinary relief for
17     modification of the individual's sentence in a declared emergency;
18          ▸     provides the requirements for filing a petition to modify an individual's sentence;
19          ▸     provides the grounds for which a court may modify an individual's sentence;
20          ▸     requires that notice of a petition and hearing is given to certain individuals;
21          ▸     allows for a hearing on the petition when there is an objection by a party or victim;
22          ▸     allows an indigent individual to request the appointment of counsel for a hearing on a
23     petition to modify the individual's sentence;
24          ▸     provides a sunset date for the Sentence Modification in Emergencies Act;
25          ▸     amends provisions of the Post Conviction Remedies Act relating to applicability; and
26          ▸     makes technical and conforming changes.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:
30          This bill provides a special effective date.
31     Utah Code Sections Affected:
32     AMENDS:
33          63I-1-253, as last amended by Laws of Utah 2020, Chapters 154, 174, 214, 234, 242, 269,
34     335, and 354
35          78B-9-102, as last amended by Laws of Utah 2017, Chapter 450
36     ENACTS:
37          53-2d-101, Utah Code Annotated 1953
38          53-2d-102, Utah Code Annotated 1953
39          53-2d-103, Utah Code Annotated 1953
40          53-2d-104, Utah Code Annotated 1953
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 53-2d-101 is enacted to read:
44     
CHAPTER 2d. SENTENCE MODIFICATION IN EMERGENCIES ACT

45          53-2d-101. Title.
46          This chapter is known as the "Sentence Modification in Emergencies Act."
47          Section 2. Section 53-2d-102 is enacted to read:
48          53-2d-102. Definitions.
49          As used in this chapter:
50          (1) "Declared emergency" means the period of time that:
51          (a) begins on the day on which a state of emergency is declared by the governor under
52     Section 53-2a-206 in response to a public health emergency and ends on the day on which the
53     state of emergency expires or terminates under Section 53-2a-206;
54          (b) begins on the day on which a local emergency is declared by the chief executive
55     officer of a municipality or county under Section 53-2a-208 in response to a public health
56     emergency and ends the day on which the local emergency expires or is terminated by the chief
57     executive officer or the governing body of the municipality or county; or
58          (c) begins on the day on which the executive director of the department issues an order
59     under Section 26-1-10 in response to a public health emergency and ends on the day on which the
60     order expires or is terminated by the executive director of the department.
61          (2) "Department" means the Department of Health created in Section 26-1-4.
62          (3) "Epidemic or pandemic disease":
63          (a) means the occurrence, in a community or region, of cases of an illness clearly in
64     excess of normal expectancy; and
65          (b) includes diseases designated by the department that have the potential to cause
66     serious illness or death.
67          (4) (a) "Jail inmate" means an individual:
68          (i) who is committed to a county jail; and
69          (ii) for whom probation has been terminated.
70          (b) "Jail inmate" does not include an individual:
71          (i) under the jurisdiction of the Board of Pardons and Parole; or
72          (ii) who is committed to a county jail with a statutory minimum jail or prison term.
73          (5) "Public health emergency" means an occurrence or imminent credible threat of an
74     illness or health condition:
75          (a) that is caused by epidemic or pandemic disease;
76          (b) that poses a substantial risk of a significant number of human fatalities or incidents of
77     permanent or long-term disability; and
78          (c) (i) for which, under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery
79     Act:
80          (A) the governor has declared a state of emergency; or
81          (B) a chief executive officer of a municipality or county has declared a local emergency;
82     or
83          (ii) for which the executive director of the department has issued an order under Section
84     26-1-10.
85          (6) "Prosecuting attorney" means:
86          (a) the attorney general and any assistant attorney general;
87          (b) any district attorney or deputy district attorney;
88          (c) any county attorney or assistant county attorney; and
89          (d) any municipal attorney.
90          (7) "Restitution" means the same as that term is defined in Section 77-38a-102.
91          (8) (a) "Sentence" means a commitment order for incarceration in a county jail.
92          (b) "Sentence" does not include an order for restitution, a fine, a fee, or any costs.
93          Section 3. Section 53-2d-103 is enacted to read:
94          53-2d-103. Petition for sentence modification in public health emergencies --
95     Requirements -- Grounds for granting petition.
96          (1) In a declared emergency, a jail inmate, or a prosecuting attorney, may file a petition
97     for extraordinary relief to modify the jail inmate's sentence.
98          (2) The petition under Subsection (1) shall:
99          (a) contain a specific statement on the factors described in Subsection (3) for which the
100     court may grant relief; and
101          (b) comply with the Utah Rules of Civil Procedure, Rule 65B.
102          (3) (a) If a petition is filed under Subsection (1), the court may grant relief to a jail inmate
103     if the court finds, based on the totality of the circumstances, that modifying the jail inmate's
104     sentence is in the interest of justice, including the following factors:
105          (i) whether the jail inmate has served a majority of the jail inmate's sentence;
106          (ii) whether the release of the jail inmate poses a risk to public safety; and
107          (iii) whether the public health emergency presents a risk to the jail inmate's health,
108     including the jail inmate's susceptibility to the public health emergency due to:
109          (A) the jail inmate's underlying medical condition; or
110          (B) the age of the jail inmate.
111          (b) A court may only grant relief for a petition under this chapter by modifying the jail
112     inmate's sentence.
113          Section 4. Section 53-2d-104 is enacted to read:
114          53-2d-104. Notice -- Hearing -- Appointment of counsel.
115          (1) If a jail inmate files a petition under Subsection 53-2d-103(1), the jail inmate shall
116     serve a copy of the petition on the prosecuting attorney who obtained the conviction of the offense
117     that resulted in the sentence that the jail inmate seeks to modify.
118          (2) If a prosecuting attorney files a petition under Subsection 53-2d-103(1), the
119     prosecuting attorney shall:
120          (a) serve a copy of the petition on the jail inmate for whom the petition concerns; and
121          (b) provide notice of the petition and any proceeding for the petition to the victim of the
122     offense that resulted in the jail inmate's sentence for which the prosecuting attorney seeks to
123     modify.
124          (3) If a party or the victim files an objection to the petition, the court may set a hearing
125     and notify the parties and the victim of the date set for the hearing.
126          (4) If a petition is brought properly before a court in accordance with this chapter, the
127     court may, upon the request of an indigent jail inmate, appoint counsel on a pro bono basis to
128     represent the jail inmate in a hearing on the petition.
129          Section 5. Section 63I-1-253 is amended to read:
130          63I-1-253. Repeal dates, Titles 53 through 53G.
131          (1) Section 53-2a-105, which creates the Emergency Management Administration
132     Council, is repealed July 1, 2021.
133          (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
134     Board, are repealed July 1, 2022.
135          (3) Title 53, Chapter 2d, Sentence Modification in Emergencies Act, is repealed May 5,
136     2021.
137          [(3)] (4) Section 53-5-703, which creates the Concealed Firearm Review Board, is
138     repealed July 1, 2023.
139          [(4)] (5) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
140     repealed July 1, 2027.
141          [(5)] (6) Subsection 53-13-104(6)(a), regarding being 19 years old at certification, is
142     repealed July 1, 2027.
143          [(6)] (7) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
144     repealed July 1, 2024.
145          [(7)] (8) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
146          [(8)] (9) Section 53B-17-1203, which creates the SafeUT and School Safety Commission,
147     is repealed January 1, 2025.
148          [(9)] (10) Section 53B-18-1501 is repealed July 1, 2021.
149          [(10)] (11) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
150          [(11)] (12) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed
151     July 1, 2025.
152          [(12)] (13) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
153     from the Land Exchange Distribution Account to the Geological Survey for test wells and other
154     hydrologic studies in the West Desert, is repealed July 1, 2030.
155          [(13)] (14) Section 53E-3-515 is repealed January 1, 2023.
156          [(14)] (15) In relation to a standards review committee, on January 1, 2023:
157          (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
158     recommendations of a standards review committee established under Section 53E-4-203" is
159     repealed; and
160          (b) Section 53E-4-203 is repealed.
161          [(15)] (16) Subsections 53E-3-503(5) and (6), which create coordinating councils for
162     youth in custody, are repealed July 1, 2027.
163          [(16)] (17) Section 53E-4-402, which creates the State Instructional Materials
164     Commission, is repealed July 1, 2022.
165          [(17)] (18) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory
166     Commission, is repealed July 1, 2023.
167          [(18)] (19) Subsection 53E-8-204(4), which creates the advisory council for the Utah
168     Schools for the Deaf and the Blind, is repealed July 1, 2021.
169          [(19)] (20) Section 53F-2-514 is repealed July 1, 2020.
170          [(20)] (21) Section 53F-5-203 is repealed July 1, 2024.
171          [(21)] (22) Section 53F-5-212 is repealed July 1, 2024.
172          [(22)] (23) Section 53F-5-213 is repealed July 1, 2023.
173          [(23)] (24) Section 53F-5-214, in relation to a grant for professional learning, is repealed
174     July 1, 2025.
175          [(24)] (25) Section 53F-5-215, in relation to an elementary teacher preparation grant is
176     repealed July 1, 2025.
177          [(25)] (26) Subsection 53F-9-203(7), which creates the Charter School Revolving
178     Account Committee, is repealed July 1, 2024.
179          [(26)] (27) Section 53F-9-501 is repealed January 1, 2023.
180          [(27)] (28) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
181     Commission, are repealed January 1, 2025.
182          [(28)] (29) Subsection 53G-8-211(5), regarding referrals of a minor to court for a class C
183     misdemeanor, is repealed July 1, 2022.
184          Section 6. Section 78B-9-102 is amended to read:
185          78B-9-102. Replacement of prior remedies.
186          (1) (a) This chapter establishes the sole remedy for any person who challenges a
187     conviction or sentence for a criminal offense and who has exhausted all other legal remedies,
188     including a direct appeal except as provided in Subsection (2).
189          (b) This chapter replaces all prior remedies for review, including extraordinary or
190     common law writs.
191          (c) Proceedings under this chapter are civil and are governed by the [rules of civil
192     procedure] Utah Rules of Civil Procedure.
193          (d) Procedural provisions for filing and commencement of a petition are found in Rule
194     65C, Utah Rules of Civil Procedure.
195          [(b)] (e) A court may not enter an order to withdraw, modify, vacate or otherwise set
196     aside a plea unless it is in conformity with this chapter or Section 77-13-6.
197          (2) This chapter does not apply to:
198          (a) habeas corpus petitions that do not challenge a conviction or sentence for a criminal
199     offense;
200          (b) motions to correct a sentence pursuant to Rule 22(e), Utah Rules of Criminal
201     Procedure; [or]
202          (c) actions taken by the Board of Pardons and Parole[.]; or
203          (d) petitions for modifying a sentence under Title 53, Chapter 2d, Sentence Modification
204     in Emergencies Act.
205          Section 7. Effective date.
206          If approved by two-thirds of all the members elected to each house, this bill takes effect
207     upon approval by the governor, or the day following the constitutional time limit of Utah
208     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto, the
209     date of veto override.