1     
PRETRIAL DETENTION AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Schultz

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill removes the substantive changes to the bail system that were made by 2020
10     General Session H.B. 206, Bail and Pretrial Release Amendments.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides procedural changes to law enforcement issued citations;
14          ▸     removes the presumption of release for a person arrested for certain criminal
15     offenses while the person awaits trial;
16          ▸     removes the list of specific offenses for which a person cannot avoid a personal
17     appearance by remitting a fine and other penalties;
18          ▸     removes the requirement that a person who is eligible for pretrial release be released
19     under the least restrictive, reasonably available conditions to ensure the appearance
20     of the person and the safety of the public;
21          ▸     removes the specific list of additional pretrial release conditions that may be ordered
22     by the court;
23          ▸     removes the specified procedures for pretrial detention hearings;
24          ▸     changes the time allowance for bail forfeiture;
25          ▸     removes a special revenue fund for pretrial services programs;
26          ▸     provides procedures for forfeited bail;
27          ▸     modifies reporting requirements related to persons released from law enforcement
28     custody on various conditions; and
29          ▸     makes technical and conforming changes.
30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          None
34     Utah Code Sections Affected:
35     AMENDS:
36          77-7-20, as last amended by Laws of Utah 2020, Chapter 185
37          77-17-8, as last amended by Laws of Utah 2020, Chapter 185
38          77-18a-1, as last amended by Laws of Utah 2020, Chapter 185
39          77-20-1, as last amended by Laws of Utah 2020, Chapters 142 and 185
40          77-20-1.1, as enacted by Laws of Utah 2020, Chapter 185
41          77-20-4, as last amended by Laws of Utah 2020, Chapter 185
42          77-20-7, as last amended by Laws of Utah 2020, Chapter 185
43          77-20-8, as last amended by Laws of Utah 2020, Chapter 185
44          77-20-8.5, as last amended by Laws of Utah 2020, Chapter 185
45          77-20-9, as last amended by Laws of Utah 2020, Chapter 185
46          77-20-10, as last amended by Laws of Utah 2020, Chapters 142 and 185
47          77-20b-101, as last amended by Laws of Utah 2020, Chapter 185
48          77-20b-102, as last amended by Laws of Utah 2020, Chapter 185
49          77-20b-104, as last amended by Laws of Utah 2020, Chapter 185
50          78A-2-220, as last amended by Laws of Utah 2020, Chapter 185
51     ENACTS:
52          77-20-3.1, Utah Code Annotated 1953
53     REPEALS AND REENACTS:
54          77-7-19, as last amended by Laws of Utah 2020, Chapter 185
55          77-7-21, as last amended by Laws of Utah 2020, Chapter 185
56     REPEALS:
57          63M-7-215, as enacted by Laws of Utah 2020, Chapter 185
58     

59     Be it enacted by the Legislature of the state of Utah:
60          Section 1. Section 77-7-19 is repealed and reenacted to read:
61          77-7-19. Appearance required by citation -- Arrest for failure to appear --
62     Transfer of cases -- Disposition of fines and costs.
63          (1) A person who receives a citation issued pursuant to Section 77-7-18 shall appear
64     before the magistrate designated in the citation on or before the time and date specified in the
65     citation unless the uniform bail schedule adopted by the Judicial Council or Subsection
66     77-7-21(1) permits forfeiture of bail for the offense charged.
67          (2) A citation may not require a person to appear sooner than five days or later than 14
68     days following the day on which the citation is issued.
69          (3) (a) A person who receives a citation and who fails to comply with Section 77-7-21
70     on or before the time and date and at the court specified is subject to arrest.
71          (b) The magistrate may issue a warrant of arrest based upon a citation that was served
72     and filed in accordance with Section 77-7-20.
73          (4) Except where otherwise provided by law, a citation or information issued for
74     violations of Title 41, Motor Vehicles, shall state that the person receiving the citation or
75     information shall appear before the magistrate who has jurisdiction over the offense charged.
76          (5) Any justice court judge may, upon the motion of either the defense attorney or
77     prosecuting attorney, based on a lack of territorial jurisdiction or the disqualification of the
78     judge, transfer a case to a justice court with territorial jurisdiction or the district court within
79     the county.
80          (6) (a) Clerks and other administrative personnel serving the courts shall ensure that all
81     citations for violation of Title 41, Motor Vehicles, are filed in a court with jurisdiction and
82     venue and shall refuse to receive citations that should be filed in another court.
83          (b) Fines, fees, costs, and forfeitures imposed or collected for violations of Title 41,
84     Motor Vehicles, that are filed contrary to this section shall be paid to the entitled municipality
85     or county by the state, county, or municipal treasurer who receives the fines, fees, costs, or
86     forfeitures from the court that collected them.
87          (c) The accounting and remitting of sums due shall be at the close of the fiscal year of
88     the municipality or county that receives fines, fees, costs, or forfeitures as a result of any
89     improperly filed citations.
90          Section 2. Section 77-7-20 is amended to read:
91          77-7-20. Service of citation on defendant -- Filing in court -- Electronic filing --
92     Contents of citations.
93          (1) Except as provided in Subsection (4), a peace officer or other authorized official
94     who issues a citation pursuant to Section 77-7-18 shall give the citation to the individual cited
95     and shall, within five business days, electronically file the data from Subsections (2)(a) through
96     (2)(h) with the court specified in the citation. The data transmission shall use the court's
97     electronic filing interface. A nonconforming filing is not effective.
98          (2) The citation issued under authority of this chapter shall contain the following data:
99          (a) the name, address, and phone number of the court before which the individual is to
100     appear;
101          (b) the name [and date of birth] of the individual cited;
102          (c) a brief description of the offense charged;
103          (d) the date, time, and place at which the offense is alleged to have occurred;
104          (e) the date on which the citation was issued;
105          (f) the name of the peace officer or official who issued the citation, and the name of the
106     arresting individual if a private party made the arrest and the citation was issued in lieu of
107     taking the arrested individual before a magistrate;
108          (g) the time and date on or date range during which the individual is to appear or a
109     statement that the court will notify the individual of the time to appear;
110          (h) whether the offense is a domestic violence offense; and
111          (i) a notice containing substantially the following language:
112     
READ CAREFULLY

113          This citation is not an information and will not be used as an information without your
114     consent. If an information is filed you will be provided a copy by the court. You MUST
115     appear in court on or before the time set in this citation or as directed by the court. IF YOU
116     FAIL TO APPEAR, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
117          (3) By electronically filing the data with the court, the peace officer or official affirms
118     to the court that:
119          (a) the citation or information, including the summons and complaint, was [delivered
120     to] served upon the defendant in accordance with the law;
121          (b) the defendant committed the offense [set forth] described in the [citation] served
122     documents; and
123          (c) the court to which the defendant was directed to appear [has jurisdiction over the
124     offense charged] is the proper court pursuant to Section 77-7-21.
125          (4) (a) If a citing law enforcement officer is not reasonably able to access the efiling
126     system, the citation need not be filed electronically if being filed with a justice court.
127          (b) The court may accept an electronic filing received after five business days if:
128          (i) the defendant consents to the filing; and
129          (ii) the court finds the interests of justice would be best served by accepting the filing.
130          Section 3. Section 77-7-21 is repealed and reenacted to read:
131          77-7-21. Proceeding on citation -- Voluntary forfeiture of bail -- Parent signature
132     required -- Information, when required.
133          (1) (a) A copy of the citation issued under Section 77-7-18 that is filed with the
134     magistrate may be used in lieu of an information to which the person cited may plead guilty or
135     no contest and be sentenced or on which bail may be forfeited.
136          (b) With the magistrate's approval, a person may voluntarily forfeit bail without
137     appearance being required in case of a class B misdemeanor or less.
138          (c) Voluntary forfeiture of bail shall be entered as a conviction and treated the same as
139     if the accused pleaded guilty.
140          (d) If the person cited is under 18 years old, and if any of the charges allege a violation
141     of Title 41, Motor Vehicles, the court shall promptly mail a copy or notice of the citation to the
142     address as shown on the citation, to the attention of the parent or guardian of the defendant.
143          (2) An information shall be filed and proceedings held in accordance with the Rules of
144     Criminal Procedure and all other applicable provisions of this code if the person cited pleads
145     not guilty to the offense charged.
146          (3) (a) The information is an original pleading.
147          (b) If a person cited waives by written agreement the filing of the information, the
148     prosecution may proceed on the citation.
149          Section 4. Section 77-17-8 is amended to read:
150          77-17-8. Mistake in charging offense -- Procedure -- Witnesses.
151          If, at any time before verdict or judgment, a mistake is made in charging the proper
152     offense, and there is probable cause to believe that the defendant is chargeable with another
153     offense, the court may commit the defendant or require the defendant [to comply with one or
154     more pretrial release conditions in accordance with Section 77-20-1 to ensure the defendant's
155     appearance in court] to give bail under Section 77-20-1 for the defendant's appearance to
156     answer to the proper charge when filed, and may also require witnesses to give bail for their
157     appearance.
158          Section 5. Section 77-18a-1 is amended to read:
159          77-18a-1. Appeals -- When proper.
160          (1) A defendant may, as a matter of right, appeal from:
161          (a) a final judgment of conviction, whether by verdict or plea;
162          (b) an order made after judgment that affects the substantial rights of the defendant;
163          (c) an order adjudicating the defendant's competency to proceed further in a pending
164     prosecution; or
165          (d) an order denying bail, as provided in [Section 77-20-1] Subsection 77-20-1(8).
166          (2) In addition to any appeal permitted by Subsection (1), a defendant may seek
167     discretionary appellate review of any interlocutory order.
168          (3) The prosecution may, as a matter of right, appeal from:
169          (a) a final judgment of dismissal, including a dismissal of a felony information
170     following a refusal to bind the defendant over for trial;
171          (b) a pretrial order dismissing a charge on the ground that the court's suppression of
172     evidence has substantially impaired the prosecution's case;
173          (c) an order granting a motion to withdraw a plea of guilty or no contest;
174          (d) an order arresting judgment or granting a motion for merger;
175          (e) an order terminating the prosecution because of a finding of double jeopardy or
176     denial of a speedy trial;
177          (f) an order granting a new trial;
178          (g) an order holding a statute or any part of it invalid;
179          (h) an order adjudicating the defendant's competency to proceed further in a pending
180     prosecution;
181          (i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for
182     Execution, that an inmate sentenced to death is incompetent to be executed;
183          (j) an order reducing the degree of offense pursuant to Section 76-3-402; or
184          (k) an illegal sentence.
185          (4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
186     discretionary appellate review of any interlocutory order entered before jeopardy attaches.
187          Section 6. Section 77-20-1 is amended to read:
188          77-20-1. Right to bail -- Pretrial status order -- Denial of bail -- Detention hearing
189     -- Motion to modify.
190          (1) As used in this chapter:
191          (a) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
192          [(b) "Financial condition" or "monetary bail" means any monetary condition that may
193     be imposed under Section 77-20-4 to secure an individual's pretrial release.]
194          [(c) "Pretrial release" or "bail" means release of an individual charged with or arrested
195     for a criminal offense from law enforcement or judicial custody during the time the individual
196     awaits trial or other resolution of the criminal charges.]
197          [(d) "Pretrial status order" means an order issued by the court exercising jurisdiction
198     over an individual charged with a criminal offense that sets the terms and conditions of the
199     individual's pretrial release or denies pretrial release and orders that the individual be detained
200     pending resolution of the criminal charges.]
201          [(e)] (b) "Surety" and "sureties" mean a surety insurer or a bail bond agency.
202          [(f)] (c) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
203          (2) An individual charged with or arrested for a criminal offense shall be admitted to
204     bail as a matter of right, except if the individual is charged with a:
205          (a) capital felony, when the court finds there is substantial evidence to support the
206     charge;
207          (b) felony committed while on probation or parole, or while free on bail awaiting trial
208     on a previous felony charge, when the court finds there is substantial evidence to support the
209     current felony charge;
210          (c) felony when there is substantial evidence to support the charge and the court finds
211     by clear and convincing evidence that the individual would constitute a substantial danger to
212     any other individual or to the community, or is likely to flee the jurisdiction of the court, if
213     released on bail;
214          (d) felony when the court finds there is substantial evidence to support the charge and
215     the court finds by clear and convincing evidence that the individual violated a material
216     condition of release while previously on bail; or
217          (e) domestic violence offense if the court finds:
218          (i) that there is substantial evidence to support the charge; and
219          (ii) by clear and convincing evidence, that the individual would constitute a substantial
220     danger to an alleged victim of domestic violence if released on bail.
221          [(3) (a) A court exercising jurisdiction over an individual charged with or arrested for a
222     criminal offense shall issue a pretrial status order designating the conditions to be imposed
223     upon the individual's release or ordering that the individual be detained under this section
224     during the time the individual awaits trial or other resolution of the criminal charges.]
225          [(b) A court granting pretrial release shall impose the least restrictive reasonably
226     available conditions of release on the individual who is the subject of the pretrial status order
227     that the court determines will reasonably ensure:]
228          [(i) the individual's appearance in court when required;]
229          [(ii) the safety of any witnesses or victims of the offense allegedly committed by the
230     individual;]
231          [(iii) the safety and welfare of the public; and]
232          [(iv) that the individual will not obstruct or attempt to obstruct the criminal justice
233     process.]
234          [(c) (i) The court shall issue the pretrial status order without unnecessary delay.]
235          [(ii) If a prosecutor files a motion for detention under Subsection (6), the court may
236     delay issuing the pretrial status order until after hearing the motion to detain if the court finds:]
237          [(A) the prosecutor's motion states a reasonable case for detention; and]
238          [(B) detaining the defendant until after the motion is heard is in the interests of justice
239     and public safety.]
240          [(4) (a) Except as otherwise provided in this section or Section 78B-7-802, the court
241     shall order that an individual charged with a criminal offense be released on the individual's
242     own recognizance, on condition that the individual appear at all required court proceedings, if
243     the court finds that additional conditions are not necessary to reasonably ensure compliance
244     with Subsection (3)(b).]
245          [(b) The court shall impose additional release conditions if the court finds that
246     additional release conditions are necessary to reasonably ensure compliance with Subsection
247     (3)(b). The conditions imposed may include that the individual:]
248          [(i) not commit a federal, state, or local offense during the period of release;]
249          [(ii) avoid contact with a victim or victims of the alleged offense;]
250          [(iii) avoid contact with a witness or witnesses who may testify concerning the alleged
251     offense that are named in the pretrial status order;]
252          [(iv) not use or consume alcohol, or any narcotic drug or other controlled substance
253     except as prescribed by a licensed medical practitioner;]
254          [(v) submit to drug or alcohol testing;]
255          [(vi) complete a substance abuse evaluation and comply with any recommended
256     treatment or release program;]
257          [(vii) submit to electronic monitoring or location device tracking;]
258          [(viii) participate in inpatient or outpatient medical, behavioral, psychological, or
259     psychiatric treatment;]
260          [(ix) maintain employment, or if unemployed, actively seek employment;]
261          [(x) maintain or commence an education program;]
262          [(xi) comply with limitations on where the individual is allowed to be located or the
263     times the individual shall be or may not be at a specified location;]
264          [(xii) comply with specified restrictions on personal associations, place of residence, or
265     travel;]
266          [(xiii) report to a law enforcement agency, pretrial services program, or other
267     designated agency at a specified frequency or on specified dates;]
268          [(xiv) comply with a specified curfew;]
269          [(xv) forfeit or refrain from possession of a firearm or other dangerous weapon;]
270          [(xvi) if the individual is charged with an offense against a child, is limited or denied
271     access to any location or occupation where children are, including any residence where children
272     are on the premises, activities including organized activities in which children are involved,
273     locations where children congregate, or where a reasonable person should know that children
274     congregate;]
275          [(xvii) comply with requirements for house arrest;]
276          [(xviii) return to custody for a specified period of time following release for
277     employment, schooling, or other limited purposes;]
278          [(xix) remain in the custody of one or more designated individuals who agree to
279     supervise and report on the behavior and activities of the individual charged and to encourage
280     compliance with all court orders and attendance at all required court proceedings;]
281          [(xx) comply with a financial condition; or]
282          [(xxi) comply with any other condition that is necessary to reasonably ensure
283     compliance with Subsection (3)(b).]
284          [(c) If the court determines a financial condition, other than an unsecured bond, is
285     necessary to impose on an individual as part of the individual's pretrial release, the court shall
286     consider the individual's ability to pay when determining the amount of the financial
287     condition.]
288          [(5) In making a determination under Subsection (3), the court may rely on the
289     following:]
290          [(a) any form of pretrial services assessment;]
291          [(b) the nature and circumstances of the offense or offenses charged, including whether
292     the charges include a violent offense and the vulnerability of witnesses or alleged victims;]
293          [(c) the nature and circumstances of the individual, including the individual's character,
294     physical and mental health, family and community ties, employment status and history,
295     financial resources, past criminal conduct, history of drug or alcohol abuse, and history of
296     timely appearances at required court proceedings;]
297          [(d) the potential danger to another individual or individuals posed by the release of the
298     individual;]
299          [(e) if the individual was on probation, parole, or release pending an upcoming court
300     proceeding at the time the individual allegedly committed the offense;]
301          [(f) the availability of other individuals who agree to assist the individual in attending
302     court when required or other evidence relevant to the individual's opportunities for supervision
303     in the individual's community;]
304          [(g) the eligibility and willingness of the individual to participate in various treatment
305     programs, including drug treatment; or]
306          [(h) other evidence relevant to the individual's likelihood of fleeing or violating the law
307     if released.]
308          [(6) (a) If the criminal charges filed against the individual include one or more offenses
309     eligible for detention under Subsection (2) or Utah Constitution, Article I, Section 8, the
310     prosecution may file a motion for pretrial detention.]
311          [(b) Upon receiving a motion under Subsection (6)(a), the court shall set a hearing on
312     the matter as soon as practicable.]
313          [(c) The individual who is the subject of the detention hearing has the right to be
314     represented by counsel at the pretrial detention hearing and, if a court finds the individual is
315     indigent under Section 78B-22-202, the court shall appoint counsel to represent the individual
316     in accordance with Section 78B-22-203.]
317          [(d) The court shall give both parties the opportunity to make arguments and to present
318     relevant evidence at the detention hearing.]
319          [(7) After hearing evidence on a motion for pretrial detention, the court may detain the
320     individual if:]
321          [(a) the individual is accused of committing an offense that qualifies the individual for
322     detention under Subsection (2) or Utah Constitution, Article I, Section 8;]
323          [(b) the prosecution demonstrates substantial evidence to support the charge, and meets
324     all additional evidentiary burdens required under Subsection (2) or Utah Constitution, Article I,
325     Section 8; and]
326          [(c) the court finds that no conditions that may be imposed upon granting the
327     individual pretrial release will reasonably ensure compliance with Subsection (3)(b).]
328          [(8) (a) If an individual is charged with a criminal offense described in Subsection
329     (8)(b), there is a rebuttable presumption that the individual be detained.]
330          [(b) Criminal charges that create a rebuttable presumption of detention under
331     Subsection (8)(a) include:]
332          [(i) criminal homicide as defined in Section 75-5-201; and]
333          [(ii) any offense for which the term of imprisonment may include life.]
334          [(c) The individual may rebut the presumption of detention by demonstrating, by a
335     preponderance of the evidence, that specified conditions of release will reasonably ensure
336     compliance with Subsection (3)(b).]
337          [(9) Except as otherwise provided, the court issuing a pretrial warrant of arrest shall
338     issue the initial pretrial status order.]
339          (3) Any individual who may be admitted to bail may be released by posting bail in the
340     form and manner provided in Section 77-20-4, or on the individual's own recognizance, on
341     condition that the individual appear in court for future court proceedings in the case, and on
342     any other conditions imposed in the discretion of the magistrate or court that will reasonably:
343          (a) ensure the appearance of the accused;
344          (b) ensure the integrity of the court process;
345          (c) prevent direct or indirect contact with witnesses or victims by the accused, if
346     appropriate; and
347          (d) ensure the safety of the public.
348          (4) (a) Except as otherwise provided, the initial order denying or fixing the amount of
349     bail shall be issued by the magistrate or court issuing the warrant of arrest.
350          (b) A magistrate may set bail upon determining that there was probable cause for a
351     warrantless arrest.
352          (c) A bail commissioner may set bail in a misdemeanor case in accordance with
353     Sections 10-3-920 and 17-32-1.
354          [(10) (a)] (d) An individual arrested for a violation of a jail release agreement or jail
355     release court order issued in accordance with Section 78B-7-802:
356          (i) may be denied pretrial release by the court under Subsection (2); and
357          (ii) if denied pretrial release, may not be released before the individual's initial
358     appearance before the court.
359          [(b) Nothing in this section precludes or nullifies a jail release agreement or jail release
360     order required under Section 78B-7-802.]
361          (5) The magistrate or court may rely upon information contained in:
362          (a) the indictment or information;
363          (b) any sworn probable cause statement;
364          (c) information provided by any pretrial services agency; or
365          (d) any other reliable record or source.
366          [(11)] (6) (a) A motion to modify the initial pretrial status order may be made by a
367     party at any time upon notice to the opposing party sufficient to permit the opposing party to
368     prepare for hearing and to permit each alleged victim to be notified and be present.
369          (b) Hearing on a motion to modify a pretrial status order may be held in conjunction
370     with a preliminary hearing or any other pretrial hearing.
371          (c) The magistrate or court may rely on information as provided in Subsection (5) and
372     may base its ruling on evidence provided at the hearing so long as each party is provided an
373     opportunity to present additional evidence or information relevant to bail.
374          [(12)] (7) Subsequent motions to modify a pretrial status order may be made only upon
375     a showing that there has been a material change in circumstances.
376          [(13)] (8) An appeal may be taken from an order of a court denying bail to the Utah
377     Court of Appeals pursuant to the Utah Rules of Appellate Procedure, which shall review the
378     determination under Subsection [(7)] (2).
379          [(14)] (9) For purposes of this section, any arrest or charge for a violation of Section
380     76-5-202, Aggravated murder, is a capital felony unless:
381          (a) the prosecutor files a notice of intent to not seek the death penalty; or
382          (b) the time for filing a notice to seek the death penalty has expired and the prosecutor
383     has not filed a notice to seek the death penalty.
384          Section 7. Section 77-20-1.1 is amended to read:
385          77-20-1.1. Release data requirements.
386          (1) The Administrative Office of the Courts shall submit the following data on
387     individuals for whom the Administrative Office of the Courts has a state identification number
388     broken down by judicial district to the Commission on Criminal and Juvenile Justice before
389     July 1 of each year:
390          (a) for the preceding calendar year:
391          (i) the number of individuals charged with a criminal offense who failed to appear at a
392     required court preceding while on pretrial release, in accordance with Section 77-20-1, under
393     each of the following categories of release:
394          (A) the individual's own recognizance;
395          (B) a financial condition; and
396          (C) a [pretrial] release condition other than a financial condition;
397          (ii) the number of offenses that carry a potential penalty of incarceration an individual
398     committed while on pretrial release, in accordance with Section 77-20-1, under each of the
399     following categories of release:
400          (A) the individual's own recognizance;
401          (B) a financial condition; and
402          (C) a [pretrial] release condition other than a financial condition; and
403          (iii) the total amount of fees and fines, including bond forfeiture, collected by the court
404     from an individual for the individual's failure to comply with a condition of [pretrial] release
405     under each of the following categories of release:
406          (A) an individual's own recognizance;
407          (B) a financial condition; and
408          (C) a [pretrial] release condition other than a financial condition; and
409          (b) at the end of the preceding calendar year:
410          (i) the total number of outstanding warrants of arrest for individuals who were released
411     from law enforcement custody, in accordance with Section 77-20-1, under each of the
412     following categories of release:
413          (A) the individual's own recognizance;
414          (B) a financial condition; and
415          (C) a [pretrial] release condition other than a financial condition;
416          (ii) for each of the categories described in Subsection (1)(b)(i), the average length of
417     time that the outstanding warrants had been outstanding; and
418          (iii) for each of the categories described in Subsection (1)(b)(i), the number of
419     outstanding warrants for arrest for crimes of each of the following categories:
420          (A) a first degree felony;
421          (B) a second degree felony;
422          (C) a third degree felony;
423          (D) a class A misdemeanor;
424          (E) a class B misdemeanor; and
425          (F) a class C misdemeanor.
426          (2) Each county jail shall submit the following data, based on the preceding calendar
427     year, to the Commission of Criminal and Juvenile Justice before July 1 of each year:
428          (a) the number of individuals released upon payment of monetary bail before appearing
429     before a court;
430          (b) the number of individuals released on the individual's own recognizance before
431     appearing before a court; and
432          (c) the amount of monetary bail, any fees, and any other money paid by or on behalf of
433     individuals collected by the county jail.
434          (3) The Commission on Criminal and Juvenile Justice shall compile the data collected
435     under this section and shall submit the compiled data in an electronic report to the Law
436     Enforcement and Criminal Justice Interim Committee before November 1 of each year.
437          Section 8. Section 77-20-3.1 is enacted to read:
438          77-20-3.1. Release on own recognizance -- Changing amount of bail or conditions
439     of release.
440          (1) Any person who may be admitted to bail may likewise be released on the person's
441     own recognizance in the discretion of the magistrate or court.
442          (2) After releasing the defendant on the defendant's own recognizance or admitting the
443     defendant to bail, the magistrate or court may:
444          (a) impose bail or increase or decrease the amount of the bail; and
445          (b) impose or change the conditions of release under Subsection 77-20-1(3).
446          Section 9. Section 77-20-4 is amended to read:
447          77-20-4. Bail to be posted in cash, by credit or debit card, or by written
448     undertaking -- Specific monetary bail methods.
449          (1) (a) Except as provided in Subsection (2), the judge or magistrate shall set bail at a
450     single amount per case or charge.
451          (b) Subject to Subsection (2), a defendant may choose to post the amount described in
452     Subsection (1)(a) by any of the following methods:
453          (i) in cash;
454          (ii) by written undertaking with sureties;
455          (iii) by written undertaking without sureties, at the discretion of the judge or
456     magistrate; or
457          (iv) by credit or debit card, at the discretion of the judge or bail commissioner.
458          (2) A judge or magistrate may limit a defendant to a specific method of posting
459     [monetary] bail described in Subsection (1)(b)(i), (ii), (iii), or (iv):
460          (a) if, after charges are filed, the defendant fails to appear in the case on a bail bond
461     and the case involves a violent offense;
462          (b) in order to allow the defendant to voluntarily forfeit [monetary] bail in accordance
463     with Section 77-7-21 and the offense with which the defendant is charged is listed in the shared
464     master offense table as one for which an appearance is not mandatory;
465          (c) if the defendant has failed to respond to a citation or summons and the offense with
466     which the defendant is charged is listed in the shared master offense table as one for which an
467     appearance is not mandatory;
468          (d) if a warrant is issued for the defendant solely for failure to pay a criminal judgment
469     account receivable, as defined in Section 77-32a-101, and the defendant's [monetary] bail is
470     limited to the amount owed; or
471          (e) if a court has entered a judgment of [bond] bail forfeiture under Section 77-20b-104
472     in any case involving the defendant.
473          (3) [Monetary bail] Bail may not be accepted without receiving in writing at the time
474     the [monetary] bail is posted the current mailing address, telephone number, and email address
475     of the surety.
476          (4) [Monetary bail paid] Bail posted by debit or credit card, less the fee charged by the
477     financial institution, shall be tendered to the courts.
478          (5) [Monetary bail] Bail refunded by the court may be refunded by credit to the debit or
479     credit card, or cash. The amount refunded shall be the full amount received by the court under
480     Subsection (4), which may be less than the full amount of the [monetary] bail set by the court.
481          (6) Before refunding [monetary] bail that is posted by the defendant in cash, by credit
482     card, or by debit card, the court may apply the amount posted toward accounts receivable, as
483     defined in Section 77-32a-101, that are owed by the defendant in the priority set forth in
484     Section 77-38a-404.
485          Section 10. Section 77-20-7 is amended to read:
486          77-20-7. Duration of liability on undertaking -- Notices to sureties -- Exoneration
487     if charges not filed.
488          (1) (a) Except as provided in Subsection (1)(b), the principal and the sureties on [a
489     bond or other] the written undertaking are liable on the [bond or other written] undertaking
490     during all proceedings and for all court appearances required of the defendant up to and
491     including the surrender of the defendant for sentencing, irrespective of any contrary provision
492     in the [bond or other written] undertaking. Any failure of the defendant to appear when
493     required is a breach of the conditions of the [bond or other written] undertaking or bail and
494     subjects [the bond] it to forfeiture, regardless of whether or not notice of appearance was given
495     to the sureties. Upon sentencing the bail bond [or other written undertaking] shall be
496     exonerated without motion.
497          (b) If the sentence includes a commitment to a jail or prison, the bail bond [or other
498     written undertaking] shall be exonerated when the defendant appears at the appropriate jail or
499     prison, unless the judge does not require the defendant to begin the commitment within seven
500     days, in which case the bail bond [or other written undertaking] is exonerated upon sentencing.
501          (c) For purposes of this section, an order of the court accepting a plea in abeyance
502     agreement and holding that plea in abeyance pursuant to Title 77, Chapter 2a, Pleas in
503     Abeyance, is considered to be the same as a sentencing upon a guilty plea.
504          (d) Any suspended or deferred sentencing is not the responsibility of the surety and the
505     bail bond is exonerated without any motion, upon acceptance of the court and the defendant of
506     a plea in abeyance, probation, fine payments, post sentencing reviews, or any other deferred
507     sentencing reviews or any other deferred sentencing agreement.
508          (e) If a surety issues a bail bond after sentencing, the surety is liable on the undertaking
509     during all proceedings and for all court appearances required of the defendant up to and
510     including the defendant's appearance to commence serving the sentence imposed under
511     Subsection (1).
512          [(2) If the prosecutor does not file an information, indictment, or request to extend time
513     120 days after the date on which the bond or other written undertaking is received, the court
514     shall:]
515          [(a) relieve a person from conditions of release;]
516          [(b) refund any monetary bail, as provided in Subsection 77-20-4(5); and]
517          [(c) exonerate any bond or other written undertaking without further order of the
518     court.]
519          [(3) (a) A request to extend time shall:]
520          [(i) be served on any surety and the defendant or the defendant's attorney; and]
521          [(ii) be granted for a period of up to 60 days.]
522          [(b) A court may grant a request to extend time for a period of up to 120 days upon a
523     showing of good cause.]
524          [(c) An extension of time does not prohibit the proper filing of charges against a person
525     at any time.]
526          (2) If no information or indictment charging a person with an offense is filed in court
527     within 120 days after the date on which the bail undertaking or cash is received, the court may
528     relieve a person from conditions of release at the person's request, and the bail bond or
529     undertaking is exonerated without further order of the court unless the prosecutor requests an
530     extension of time before the end of the 120-day period by:
531          (a) filing a notice for extension with the court; and
532          (b) serving the notice for extension upon the sureties and the person or the person's
533     attorney.
534          (3) A court may extend bail and conditions of release for good cause.
535          (4) Subsection (2) does not prohibit the filing of charges against a person at any time.
536          (5) If the court does not set on a calendar any hearings on a case within 18 months after
537     the last court docket activity on a case, the undertaking of bail is exonerated without motion.
538          Section 11. Section 77-20-8 is amended to read:
539          77-20-8. Grounds for detaining or releasing defendant on conviction and prior to
540     sentence.
541          (1) Upon conviction, by plea or trial, the court shall order that the convicted defendant
542     who is waiting imposition or execution of sentence be detained, unless the court finds by clear
543     and convincing evidence presented by the defendant that the defendant is not likely to flee the
544     jurisdiction of the court, and will not pose a danger to the physical, psychological, or financial
545     and economic safety or well-being of any other person or the community if released.
546          (2) If the court finds the defendant does not need to be detained, the court shall order
547     the release of the defendant on suitable conditions, which may include the conditions under
548     Subsection [77-20-1(4)] 77-20-10(2).
549          Section 12. Section 77-20-8.5 is amended to read:
550          77-20-8.5. Sureties -- Surrender of defendant -- Arrest of defendant.
551          (1) (a) Sureties may at any time prior to a defendant's failure to appear surrender the
552     defendant and obtain exoneration of [monetary] bail, by notifying the clerk of the court in
553     which the [monetary] bail was posted of the defendant's surrender and requesting exoneration.
554     Notification shall be made immediately following the surrender by surface mail, electronic
555     mail, or fax.
556          (b) To effect surrender, a certified copy of the surety's undertaking from the court in
557     which it was posted or a copy of the [monetary] bail agreement with the defendant shall be
558     delivered to the on-duty jailer, who shall detain the defendant in the on-duty jailer's custody as
559     upon a commitment, and shall in writing acknowledge the surrender upon the copy of the
560     undertaking or [monetary] bail agreement. The certified copy of the undertaking or copy of the
561     [monetary] bail agreement upon which the acknowledgment of surrender is endorsed shall be
562     filed with the court. The court may then, upon proper application, order the undertaking
563     exonerated and [shall] may order a refund of any paid premium, or part of a premium, as it
564     finds just.
565          (2) For the purpose of surrendering the defendant, the sureties may:
566          (a) arrest the defendant:
567          (i) at any time before the defendant is finally exonerated; and
568          (ii) at any place within the state; and
569          (b) surrender the defendant to any county jail booking facility in Utah.
570          (3) An arrest under this section is not a basis for exoneration of the bail bond under
571     Section 77-20b-101.
572          (4) A surety acting under this section is subject to Title 53, Chapter 11, Bail Bond
573     Recovery Act.
574          Section 13. Section 77-20-9 is amended to read:
575          77-20-9. Disposition of forfeitures.
576          If by reason of the neglect of the defendant to appear, money deposited [as a financial
577     condition] instead of bail or money paid by sureties on bail bond is forfeited and the forfeiture
578     is not discharged or remitted, the clerk with whom it is deposited or paid shall, immediately
579     after final adjournment of the court, pay over the money forfeited as follows:
580          (1) the forfeited bail in a case in or appealed from a district court shall be distributed as
581     provided in Section 78A-5-110;
582          [(1)] (2) the forfeited [amount] bail in cases in precinct justice courts or in municipal
583     justice courts shall be distributed as provided in Sections 78A-7-120 and 78A-7-121; [and]
584          [(2) in all other cases:]
585          [(a) 60% of the forfeited bond shall be paid to the Pretrial Release Programs Special
586     Revenue Fund established in Section 63M-7-215;]
587          [(b) 25% of the forfeited bond shall be paid to the General Fund; and]
588          [(c) 15% of the forfeited bond shall be paid to the prosecuting agency that brings an
589     action to collect under Section 77-20b-104.]
590          (3) the forfeited bail in a case in justice court where the offense is not triable in that
591     court shall be paid into the General Fund; and
592          (4) the forfeited bail in a case not provided for in this section shall be paid 50% to the
593     state treasurer and the remaining 50% to the county treasurer in the county in which the
594     violation occurred or the forfeited bail is collected.
595          Section 14. Section 77-20-10 is amended to read:
596          77-20-10. Grounds for detaining defendant while appealing the defendant's
597     conviction -- Conditions for release while on appeal.
598          (1) The court shall order that a defendant who has been found guilty of an offense in a
599     court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
600     appeal or a petition for a writ of certiorari, be detained, unless the court finds:
601          (a) the appeal raises a substantial question of law or fact likely to result in:
602          (i) reversal;
603          (ii) an order for a new trial; or
604          (iii) a sentence that does not include a term of imprisonment in jail or prison;
605          (b) the appeal is not for the purpose of delay; and
606          (c) by clear and convincing evidence presented by the defendant that the defendant is
607     not likely to flee the jurisdiction of the court, and will not pose a danger to the physical,
608     psychological, or financial and economic safety or well-being of any other person or the
609     community if released.
610          (2) If the court makes a finding under Subsection (1) that justifies not detaining the
611     defendant, the court shall order the release of the defendant, subject to conditions that result in
612     the least restrictive [reasonably available] condition or combination of conditions that the court
613     determines will reasonably ensure the appearance of the defendant as required and the safety of
614     any other individual, property, and the community. The conditions may include [the conditions
615     described in Subsection 77-20-1(4)(b).] that the defendant:
616          (a) post appropriate bail;
617          (b) execute a bail bond with a surety under Title 31A, Chapter 35, Bail Bond Act, in an
618     amount necessary to ensure the appearance of the defendant as required;
619          (c) (i) execute a written agreement to forfeit, upon failing to appear as required,
620     designated property, including money, as is reasonably necessary to ensure the appearance of
621     the defendant; and
622          (ii) post with the court indicia of ownership of the property or a percentage of the
623     money as the court may specify;
624          (d) not commit a federal, state, or local crime during the period of release;
625          (e) remain in the custody of a designated person who agrees to assume supervision of
626     the defendant and who agrees to report any violation of a release condition to the court, if the
627     designated person is reasonably able to assure the court that the defendant will appear as
628     required and will not pose a danger to the safety of any other person or the community;
629          (f) maintain employment, or if unemployed, actively seek employment;
630          (g) maintain or commence an educational program;
631          (h) abide by specified restrictions on personal associations, place of abode, or travel;
632          (i) avoid all contact with the victims of the offense and with any witnesses who
633     testified against the defendant or potential witnesses who may testify concerning the offense if
634     the appeal results in a reversal or an order for a new trial;
635          (j) report on a regular basis to a designated law enforcement agency, pretrial services
636     agency, or other designated agency;
637          (k) comply with a specified curfew;
638          (l) not possess a firearm, destructive device, or other dangerous weapon;
639          (m) not use alcohol, or any narcotic drug or other controlled substance except as
640     prescribed by a licensed medical practitioner;
641          (n) undergo available medical, psychological, or psychiatric treatment, including
642     treatment for drug or alcohol dependency, and remain under the supervision of or in a specified
643     institution if required for that purpose;
644          (o) return to custody for specified hours following release for employment, schooling,
645     or other limited purposes;
646          (p) satisfy any other condition that is reasonably necessary to ensure the appearance of
647     the defendant as required and to ensure the safety of any other person and the community; and
648          (q) if convicted of committing a sexual offense or an assault or other offense involving
649     violence against a child 17 years old or younger, is limited or denied access to any location or
650     occupation where children are, including:
651          (i) any residence where children are on the premises;
652          (ii) activities, including organized activities, in which children are involved; and
653          (iii) locations where children congregate, or where a reasonable person should know
654     that children congregate.
655          (3) The court may, in its discretion, amend an order granting release to impose
656     additional or different conditions of release.
657          (4) If the defendant is found guilty of an offense in a court not of record and files a
658     timely notice of appeal pursuant to Subsection 78A-7-118(1) for a trial de novo, the court shall
659     stay all terms of a sentence, unless at the time of sentencing the judge finds by a preponderance
660     of the evidence that the defendant poses a danger to another person or the community.
661          (5) If a stay is ordered, the court may order post-conviction restrictions on the
662     defendant's conduct as appropriate, including:
663          (a) continuation of any pre-trial restrictions or orders;
664          (b) sentencing protective orders under Section 78B-7-804;
665          (c) drug and alcohol use;
666          (d) use of an ignition interlock; and
667          (e) posting appropriate [monetary] bail.
668          (6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense
669     under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
670          (7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by
671     the district court.
672          Section 15. Section 77-20b-101 is amended to read:
673          77-20b-101. Entry of nonappearance -- Notice to surety -- Release of surety on
674     failure of timely notice.
675          (1) If a defendant who has posted bail fails to appear before the appropriate court as
676     required, the court shall within 30 days of the failure to appear issue a bench warrant that
677     includes the original case number. The court shall also direct that the surety [or surety insurer]
678     be given notice of the nonappearance. The clerk of the court shall:
679          (a) [email] mail notice of nonappearance [to] by certified mail, return receipt requested,
680     within 30 days to the address of the surety [or surety insurer at the email address provided on
681     the bond];
682          (b) notify the surety as listed on the bail bond of the name, address, and telephone
683     number of the prosecutor;
684          [(b)] (c) [email] deliver a copy of the notice sent under Subsection (1)(a) to the
685     prosecutor's office[; and] at the same time notice is sent under Subsection (1)(a);
686          [(c)] (d) ensure that the name, address, business email address, and telephone number
687     of the surety[, its] or the surety's agent[, or surety insurer] as listed on the bond is stated on the
688     bench warrant[.]; and
689          (e) mail notice of the failure to appear to the bail bond agency and the surety insurer.
690          (2) The prosecutor may [email] mail notice of nonappearance by certified mail, return
691     receipt requested, to the address of the surety [or surety insurer] as listed on the bail bond
692     within 37 days after the date of the defendant's failure to appear.
693          (3) If notice of nonappearance is not [emailed] mailed to a surety [or surety insurer] as
694     listed on the bail bond, other than the defendant, in accordance with Subsection (1) or (2), the
695     surety [or surety insurer] and [its] the surety's bail bond producer are relieved of further
696     obligation under the bail bond if the [surety or surety insurer have listed their current name and
697     email addresses on the bond] surety's current name and address or the current name and address
698     of the bail bond agency are on the bail bond in the court's file.
699          (4) (a) (i) If a defendant appears in court within [30] seven days after a missed,
700     scheduled court appearance, the court may reinstate the bail bond without further notice to the
701     surety [or surety insurer].
702          (ii) If the defendant, while in custody, appears on the case for which the bail bond was
703     posted, the court may not reinstate the bail bond without the consent of the bail bond company.
704          (b) If a defendant fails to appear within [30] seven days after a scheduled court
705     appearance, the court may not reinstate the bail bond without the consent of the surety [or
706     surety insurer].
707          (c) If the defendant is arrested and booked into a county jail booking facility pursuant
708     to a warrant for failure to appear on the original charges and the court is notified of the arrest,
709     or the court recalls the warrant due to the defendant's having paid the fine and prior to entry of
710     judgment of forfeiture, the court shall exonerate the bail bond.
711          (d) Unless the court makes a finding of good cause why the bond should not be
712     exonerated, it shall exonerate the bail bond if:
713          (i) the surety [or surety insurer] has delivered the defendant to the county jail booking
714     facility in the county where the original charge or charges are pending;
715          (ii) the defendant has been released on a bond secured from a subsequent surety [or
716     surety insurer] for the original charge and the failure to appear;
717          (iii) after an arrest, the defendant has escaped from jail or has been released on the
718     defendant's own recognizance, pursuant to a pretrial release, under a court order regulating jail
719     capacity, or by a sheriff's release under Section 17-22-5.5;
720          (iv) the surety [or surety insurer] has transported or agreed to pay for the transportation
721     of the defendant from a location outside of the county back to the county where the original
722     charge is pending, and the payment is in an amount equal to government transportation
723     expenses listed in Section 76-3-201; or
724          (v) the surety [or surety insurer] demonstrates by a preponderance of the evidence that:
725          (A) at the time the surety [or surety insurer] issued the bail bond, it had made
726     reasonable efforts to determine that the defendant was legally present in the United States;
727          (B) a reasonable person would have concluded, based on the surety's [or surety
728     insurer's] determination, that the defendant was legally present in the United States; and
729          (C) the surety [or surety insurer] has failed to bring the defendant before the court
730     because the defendant is in federal custody or has been deported.
731          (e) Under circumstances not otherwise provided for in this section, the court may
732     exonerate the bail bond if it finds that the prosecutor has been given reasonable notice of a
733     surety's [or surety insurer's] motion and there is good cause for the bail bond to be exonerated.
734          (f) If a surety's [or surety insurer's] bail bond has been exonerated under this section
735     and the surety [or surety insurer] remains liable for the cost of transportation of the defendant,
736     the surety [or surety insurer] may take custody of the defendant for the purpose of transporting
737     the defendant to the jurisdiction where the charge is pending.
738          Section 16. Section 77-20b-102 is amended to read:
739          77-20b-102. Time for bringing defendant to court.
740          (1) If notice of nonappearance is [emailed] mailed to a surety [or surety insurer] under
741     Section 77-20b-101, the surety [or surety insurer] may bring the defendant before the court or
742     surrender the defendant into the custody of a county sheriff within the state within [90 days
743     after] six months after the date of nonappearance, during which time a forfeiture action on the
744     bail bond may not be brought.
745          (2) A surety [or surety insurer] may request an extension of the [90-day] six-month
746     time period in Subsection (1), if the surety [or surety insurer] within that time:
747          (a) files a motion for extension with the court; and
748          (b) mails the motion for extension and a notice of hearing on the motion to the
749     prosecutor.
750          (3) The court may extend the [90-day] six-month time in Subsection (1) for not more
751     than 60 days, if the surety [or surety insurer] has complied with Subsection (2) and the court
752     finds good cause.
753          Section 17. Section 77-20b-104 is amended to read:
754          77-20b-104. Forfeiture of bail.
755          (1) If a surety [or surety insurer] fails to bring the defendant before the court within the
756     time provided in Section 77-20b-102, the prosecuting attorney may request the forfeiture of the
757     [bond] bail by:
758          (a) filing a motion for [bond] bail forfeiture with the court, supported by proof of
759     notice to the surety [or surety insurer] of the defendant's nonappearance; and
760          (b) [emailing] mailing a copy of the motion to the surety [or surety insurer].
761          (2) A court shall enter judgment of [bond] bail forfeiture without further notice if the
762     court finds by a preponderance of the evidence:
763          (a) the defendant failed to appear as required;
764          (b) the surety [or surety insurer] was given notice of the defendant's nonappearance in
765     accordance with Section 77-20b-101;
766          (c) the surety [or surety insurer] failed to bring the defendant to the court within the
767     [90-day] six-month period under Section 77-20b-102; and
768          (d) the prosecutor has complied with the notice requirements under Subsection (1).
769          (3) If the surety [or surety insurer] shows by a preponderance of the evidence that it has
770     failed to bring the defendant before the court because the defendant is deceased through no act
771     of the surety [or surety insurer], the court may not enter judgment of [bond] bail forfeiture and
772     the bail bond is exonerated.
773          (4) The amount of [the bond] bail forfeited is the face amount of the bail bond, but if
774     the defendant is in the custody of another jurisdiction and the state extradites or intends to
775     extradite the defendant, the court may reduce the amount forfeited to the actual or estimated
776     costs of returning the defendant to the court's jurisdiction. A judgment under Subsection (5)
777     shall:
778          (a) identify the surety [or surety insurer] against whom judgment is granted;
779          (b) specify the amount of [the bond] bail forfeited;
780          (c) grant the forfeiture of the bail bond; and
781          (d) be docketed by the clerk of the court in the civil judgment docket.
782          (5) A prosecutor may immediately commence collection proceedings to execute a
783     judgment of bail bond forfeiture against the assets of the surety.
784          Section 18. Section 78A-2-220 is amended to read:
785          78A-2-220. Authority of magistrate.
786          (1) Except as otherwise provided by law, a magistrate as defined in Section 77-1-3
787     shall have the authority to:
788          (a) commit a person to incarceration prior to trial;
789          (b) set or deny bail under Section 77-20-1 and release upon the payment of [monetary]
790     bail and satisfaction of any other conditions of release;
791          (c) issue to any place in the state summonses and warrants of search and arrest and
792     authorize administrative traffic checkpoints under Section 77-23-104;
793          (d) conduct an initial appearance;
794          (e) conduct arraignments;
795          (f) conduct a preliminary examination to determine probable cause;
796          (g) appoint attorneys and order recoupment of attorney fees;
797          (h) order the preparation of presentence investigations and reports;
798          (i) issue temporary orders as provided by rule of the Judicial Council; and
799          (j) perform any other act or function authorized by statute.
800          (2) A judge of the justice court may exercise the authority of a magistrate specified in
801     Subsection (1) with the following limitations:
802          (a) a judge of the justice court may conduct an initial appearance, preliminary
803     examination, or arraignment as provided by rule of the Judicial Council; and
804          (b) a judge of the justice court may not [perform any act or function] set bail in a
805     capital felony nor deny bail in any case.
806          Section 19. Repealer.
807          This bill repeals:
808          Section 63M-7-215, Pretrial release programs special revenue fund -- Funding --
809     Uses.