1     
SENTENCING COMMISSION REQUIREMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Marsha Judkins

6     

7     LONG TITLE
8     General Description:
9          This bill provides requirements for the Utah Sentencing Commission regarding the
10     collateral consequences for a conviction or an adjudication of an offense.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the Utah Sentencing Commission to identify any provision of state law that
15     imposes a collateral consequence for a conviction or an adjudication of an offense;
16          ▸     requires the Utah Sentencing Commission to prepare and update a guide with
17     collateral consequences that are identified by the Utah Sentence Commission;
18          ▸     requires the guide to contain specific statements regarding the guide's application;
19     and
20          ▸     provides a reporting requirement for the Utah Sentencing Commission regarding the
21     guide.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:

28          63M-7-405, as last amended by Laws of Utah 2018, Chapter 334
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 63M-7-405 is amended to read:
32          63M-7-405. Compensation of members -- Reports to the Legislature, the courts,
33     and the governor.
34          (1) (a) A member who is not a legislator may not receive compensation or benefits for
35     the member's service, but may receive per diem and travel expenses as allowed in:
36          (i) Section 63A-3-106;
37          (ii) Section 63A-3-107; and
38          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
39     63A-3-107.
40          (b) Compensation and expenses of a member who is a legislator are governed by
41     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
42          (2) (a) The commission shall submit to the Legislature, the courts, and the governor at
43     least 60 days before the annual general session of the Legislature the commission's reports and
44     recommendations for sentencing guidelines and supervision length guidelines and
45     amendments.
46          (b) The commission shall use existing data and resources from state criminal justice
47     agencies.
48          (c) The commission may employ professional assistance and other staff members as it
49     considers necessary or desirable.
50          (3) The commission shall assist and respond to questions from all three branches of
51     government, but is part of the Commission on Criminal and Juvenile Justice for coordination
52     on criminal and juvenile justice issues, budget, and administrative support.
53          (4) (a) As used in this Subsection (4), "master offense list" means a document that
54     contains all offenses that exist in statute and each offense's associated penalty.
55          (b) No later than May 1, 2017, the commission shall create a master offense list.
56          (c) No later than June 30 of each calendar year, the commission shall:
57          (i) after the last day of the general legislative session, update the master offense list;
58     and

59          (ii) present the updated master offense list to the Law Enforcement and Criminal
60     Justice Interim Committee.
61          (5) As used in Subsection (6):
62          (a) "Adjudication" means an adjudication, as that term is defined in Section
63     78A-6-105, of an offense under Section 78A-6-117.
64          (b) "Civil disability" means a legal right or privilege that is revoked as a result of the
65     individual's conviction or adjudication.
66          (c) "Collateral consequence" means:
67          (i) a discretionary disqualification; or
68          (ii) a mandatory sanction.
69          (d) "Conviction" means the same as that term is defined in Section 77-38a-102.
70          (e) "Disadvantage" means any legal or regulatory restriction that:
71          (i) is imposed on an individual as a result of the individual's conviction or adjudication;
72     and
73          (ii) is not a civil disability or a legal penalty.
74          (f) "Discretionary disqualification" means a penalty, a civil disability, or a disadvantage
75     that a court in a civil proceeding, or a federal, state, or local government agency or official,
76     may impose on an individual as a result of the individual's adjudication or conviction for an
77     offense regardless of whether the penalty, the civil disability, or the disadvantage is specifically
78     designated as a penalty, a civil disability, or a disadvantage.
79          (g) "Mandatory sanction" means a penalty, a civil disability, or a disadvantage that:
80          (i) is imposed on an individual as a result of the individual's adjudication or conviction
81     for an offense regardless of whether the penalty, the civil disability, or the disadvantage is
82     specifically designated as a penalty, a civil disability, or a disadvantage; and
83          (ii) is not included in the judgment for the adjudication or conviction.
84          (h) "Offense" means a felony, a misdemeanor, an infraction, or an adjudication under
85     the laws of this state, another state, or the United States.
86          (i) "Penalty" means an administrative, civil, or criminal sanction imposed to punish the
87     individual for the individual's conviction or adjudication.
88          (6) (a) The commission shall:
89          (i) identify any provision of state law, including the Utah Constitution, and any

90     administrative rule that imposes a collateral consequence;
91          (ii) prepare and compile a guide that contains all the provisions identified in
92     Subsection (6)(a)(i) on or before October 1, 2022; and
93          (iii) update the guide described in Subsection (6)(a)(ii) annually.
94          (b) The commission shall state in the guide described in Subsection (6)(a) that:
95          (i) the guide has not been enacted into law;
96          (ii) the guide does not have the force of law;
97          (iii) the guide is for informational purposes only;
98          (iv) an error or omission in the guide, or in any reference in the guide:
99          (A) has no effect on a plea, an adjudication, a conviction, a sentence, or a disposition;
100     and
101          (B) does not prevent a collateral consequence from being imposed;
102          (v) any laws or regulations for a county, a municipality, another state, or the United
103     States, imposing a collateral consequence are not included in the guide; and
104          (vi) the guide does not include any provision of state law or any administrative rule
105     imposing a collateral consequence that is enacted on or after March 31 of each year.
106          (c) The commission shall:
107          (i) place the statements described in Subsection (6)(b) in a prominent place at the
108     beginning of the guide; and
109          (ii) make the guide available to the public on the commission's website.
110          (d) The commission shall annually:
111          (i) present the updated guide described in Subsection (6)(a)(iii) to the Law
112     Enforcement and Criminal Justice Interim Committee; and
113          (ii) identify and recommend legislation on collateral consequences to the Law
114     Enforcement and Criminal Justice Interim Committee.