Senator Derrin R. Owens proposes the following substitute bill:





Chief Sponsor: Derrin R. Owens

House Sponsor: V. Lowry Snow


9     General Description:
10          This bill addresses Department of Corrections operations, including treatment and
11     program opportunities for offenders.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     requires the Department of Corrections to offer offenders program opportunities that
16     are evidence-based and evidence-informed;
17          ▸     requires the Department of Corrections to implement direct supervision where
18     appropriate to reduce violence and enhance offenders' voluntary participation in
19     program opportunities;
20          ▸     requires the Department of Corrections to develop an individual case action plan for
21     each offender that includes program priorities based on assessments of the
22     offender's risk, needs, and responsivity;
23          ▸     requires the Department of Corrections to share an individual's case action plan,
24     including changes to or progress made in the plan, with the sentencing and release
25     authority;

26          ▸     requires the sentencing and release authority to consider an individual's case action
27     plan when making decisions;
28          ▸     requires the Department of Corrections to provide training in direct supervision and
29     trauma-informed care; and
30          ▸     exempts the Department of Corrections shooting ranges from public access.
31     Money Appropriated in this Bill:
32          None
33     Other Special Clauses:
34          This bill provides a coordination clause.
35     Utah Code Sections Affected:
36     AMENDS:
37          47-3-305, as enacted by Laws of Utah 2013, Chapter 155 and further amended by
38     Revisor Instructions, Laws of Utah 2013, Chapter 155
39          64-13-1, as last amended by Laws of Utah 2016, Chapter 243
40          64-13-6, as last amended by Laws of Utah 2018, Chapter 200
41          64-13-14, as last amended by Laws of Utah 2007, Chapter 306
42          64-13-24, as last amended by Laws of Utah 1987, Chapter 116
43          77-18-1, as last amended by Laws of Utah 2020, Chapters 209, 299, and 354
44          77-27-5, as last amended by Laws of Utah 2019, Chapter 148
45     Utah Code Sections Affected by Coordination Clause:
46          77-18-1, as last amended by Laws of Utah 2020, Chapters 209, 299, and 354
47          77-18-105, Utah Code Annotated 1953

49     Be it enacted by the Legislature of the state of Utah:
50          Section 1. Section 47-3-305 is amended to read:
51          47-3-305. Exceptions and prohibitions.
52          (1) This part does not apply to:
53          (a) shooting ranges that are otherwise open to the public;
54          (b) shooting ranges that are operated as a public shooting range staffed by and operated
55     by Division of Wildlife Resources;
56          (c) the Utah National Guard ranges located at Camp Williams and the Salt Lake

57     International Airport; [and]
58          (d) Department of Corrections ranges; and
59          [(d)] (e) ranges owned, operated, or currently leased as of March 26, 2013, by a state or
60     local public safety agency.
61          (2) Firearms may not be allowed in a school building, except under the provision of
62     Section 76-10-505.5, unless there is an outdoor entrance to the shooting range and the most
63     direct access to the range is used. An outdoor entrance to a shooting range may not be blocked
64     by fences, structures, or gates for the purpose of blocking the outdoor entrance.
65          (3) Only air guns may be used in public ranges where the ventilation systems do not
66     meet current OSHA standards as applied to the duration of exposure of the participants. For
67     the purposes of this part, an air gun does not include larger caliber pneumatic weapons,
68     paintball guns, or air shotguns.
69          (4) Group range use is a lawful, approved activity under Subsection 76-10-505.5(4)(a).
70          Section 2. Section 64-13-1 is amended to read:
71          64-13-1. Definitions.
72          As used in this chapter:
73          (1) "Case action plan" means a document developed by the Department of Corrections
74     that identifies:
75          (a) the program priorities for the treatment of the offender, including the criminal risk
76     factors as determined by [a risk and needs assessment] risk, needs, and responsivity
77     assessments conducted by the department[.]; and
78          (b) clearly defined completion requirements.
79          (2) "Community correctional center" means a nonsecure correctional facility operated
80     by the department.
81          (3) "Correctional facility" means any facility operated to house offenders, either in a
82     secure or nonsecure setting:
83          (a) by the department; or
84          (b) under a contract with the department.
85          (4) "Criminal risk factors" means a person's characteristics and behaviors that:
86          (a) affect that person's risk of engaging in criminal behavior; and
87          (b) are diminished when addressed by effective treatment, supervision, and other

88     support resources, resulting in a reduced risk of criminal behavior.
89          (5) "Department" means the Department of Corrections.
90          (6) "Direct supervision" means a housing and supervision system that is designed to
91     meet the goals described in Subsection 64-13-14(5) and has the elements described in
92     Subsection 64-13-14(6).
93          [(6)] (7) "Emergency" means any riot, disturbance, homicide, inmate violence
94     occurring in any correctional facility, or any situation that presents immediate danger to the
95     safety, security, and control of the department.
96          (8) "Evidence-based" means a program or practice that has had multiple randomized
97     control studies or a meta-analysis demonstrating that the program or practice is effective for a
98     specific population or has been rated as effective by a standardized program evaluation tool.
99          (9) "Evidence-informed" means a program or practice that is based on research and the
100     experience and expertise of the department.
101          [(7)] (10) "Executive director" means the executive director of the Department of
102     Corrections.
103          [(8)] (11) "Inmate" means any person who is committed to the custody of the
104     department and who is housed at a correctional facility or at a county jail at the request of the
105     department.
106          [(9)] (12) "Offender" means any person who has been convicted of a crime for which
107     he may be committed to the custody of the department and is at least one of the following:
108          (a) committed to the custody of the department;
109          (b) on probation; or
110          (c) on parole.
111          [(10)] (13) "Risk and needs assessment" means an actuarial tool validated on criminal
112     offenders that determines:
113          (a) an individual's risk of reoffending; and
114          (b) the criminal risk factors that, when addressed, reduce the individual's risk of
115     reoffending.
116          [(11)] (14) "Secure correctional facility" means any prison, penitentiary, or other
117     institution operated by the department or under contract for the confinement of offenders,
118     where force may be used to restrain them if they attempt to leave the institution without

119     authorization.
120          Section 3. Section 64-13-6 is amended to read:
121          64-13-6. Department duties.
122          (1) The department shall:
123          (a) protect the public through institutional care and confinement, and supervision in the
124     community of offenders where appropriate;
125          (b) implement court-ordered punishment of offenders;
126          (c) provide evidence-based and evidence-informed program opportunities for offenders
127     designed to reduce offenders' criminogenic and recidivism risks, including behavioral,
128     cognitive, educational, and career-readiness program opportunities;
129          (d) ensure that offender participation in all program opportunities described in
130     Subsection (1)(c) is voluntary;
131          (e) where appropriate, utilize offender volunteers as mentors in the program
132     opportunities described in Subsection (1)(c);
133          [(d)] (f) provide treatment for sex offenders who are found to be treatable based upon
134     criteria developed by the department;
135          [(e)] (g) provide the results of ongoing clinical assessment of sex offenders and
136     objective diagnostic testing to sentencing and release authorities;
137          [(f)] (h) manage programs that take into account the needs and interests of victims,
138     where reasonable;
139          [(g)] (i) supervise probationers and parolees as directed by statute and implemented by
140     the courts and the Board of Pardons and Parole;
141          [(h)] (j) subject to Subsection (2), investigate criminal conduct involving offenders
142     incarcerated in a state correctional facility;
143          [(i)] (k) cooperate and exchange information with other state, local, and federal law
144     enforcement agencies to achieve greater success in prevention and detection of crime and
145     apprehension of criminals;
146          [(j)] (l) implement the provisions of Title 77, Chapter 28c, Interstate Compact for
147     Adult Offender Supervision;
148          [(k)] (m) establish a case action plan based on appropriate validated risk, needs, and
149     responsivity assessments for each offender as follows:

150          (i) (A) if an offender is to be supervised in the community, the case action plan shall be
151     established for the offender not more than 90 days after supervision by the department begins;
152     and
153          [(ii)] (B) if the offender is committed to the custody of the department, the case action
154     plan shall be established for the offender not more than 120 days after the commitment; [and]
155          (ii) each case action plan shall integrate an individualized, evidence-based, and
156     evidence-informed treatment and program plan with clearly defined completion requirements;
157          (iii) the department shall share each newly established case action plan with the
158     sentencing and release authority within 30 days after the day on which the case action plan is
159     established; and
160          (iv) the department shall share any changes to a case action plan, including any change
161     in an offender's risk assessment, with the sentencing and release authority within 30 days after
162     the day of the change; and
163          [(l)] (n) ensure that any training or certification required of a public official or public
164     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
165     22, State Training and Certification Requirements, if the training or certification is required:
166          (i) under this title;
167          (ii) by the department; or
168          (iii) by an agency or division within the department.
169          (2) The department may in the course of supervising probationers and parolees:
170          (a) impose graduated sanctions, as established by the Utah Sentencing Commission
171     under Subsection 63M-7-404(6), for an individual's violation of one or more terms of the
172     probation or parole; and
173          (b) upon approval by the court or the Board of Pardons and Parole, impose as a
174     sanction for an individual's violation of the terms of probation or parole a period of
175     incarceration of not more than three consecutive days and not more than a total of five days
176     within a period of 30 days.
177          (3) (a) By following the procedures in Subsection (3)(b), the department may
178     investigate the following occurrences at state correctional facilities:
179          (i) criminal conduct of departmental employees;
180          (ii) felony crimes resulting in serious bodily injury;

181          (iii) death of any person; or
182          (iv) aggravated kidnaping.
183          (b) Prior to investigating any occurrence specified in Subsection (3)(a), the department
184     shall:
185          (i) notify the sheriff or other appropriate law enforcement agency promptly after
186     ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) has
187     occurred; and
188          (ii) obtain consent of the sheriff or other appropriate law enforcement agency to
189     conduct an investigation involving an occurrence specified in Subsection (3)(a).
190          (4) Upon request, the department shall provide copies of investigative reports of
191     criminal conduct to the sheriff or other appropriate law enforcement agencies.
192          (5) (a) The executive director of the department, or the executive director's designee if
193     the designee possesses expertise in correctional programming, shall consult at least annually
194     with cognitive and career-readiness staff experts from the Utah system of higher education and
195     the State Board of Education to review the department's evidence-based and evidence-informed
196     treatment and program opportunities.
197          (b) Beginning in the 2022 interim, the department shall provide an annual report to the
198     Law Enforcement and Criminal Justice Interim Committee regarding the department's
199     implementation of and offender participation in evidence-based and evidence-informed
200     treatment and program opportunities designed to reduce the criminogenic and recidivism risks
201     of offenders over time.
202          [(5)] (6) The Department of Corrections shall collect accounts receivable ordered by
203     the district court as a result of prosecution for a criminal offense according to the requirements
204     and during the time periods established in Subsection 77-18-1(9).
205          Section 4. Section 64-13-14 is amended to read:
206          64-13-14. Secure correctional facilities.
207          (1) The department shall maintain and operate secure correctional facilities for the
208     incarceration of offenders.
209          (2) For each compound of secure correctional facilities, as established by the executive
210     director, wardens shall be appointed as the chief administrative officers by the executive
211     director.

212          (3) The department may transfer offenders from one correctional facility to another and
213     may, with the consent of the sheriff, transfer any offender to a county jail.
214          (4) Where new or modified facilities are designed appropriately, the department shall
215     implement an evidence-based direct supervision system in accordance with Subsections (5) and
216     (6).
217          (5) A direct supervision system shall be designed to meet the goals of:
218          (a) reducing offender violence;
219          (b) enhancing offenders' participation in treatment, program, and work opportunities;
220          (c) managing and reducing offender risk;
221          (d) promoting pro-social offender behaviors;
222          (e) providing a tiered-housing structure that:
223          (i) rewards an offender's pro-social behaviors and progress toward the completion
224     requirements of the offender's individual case action plan with less restrictive housing and
225     increased privileges; and
226          (ii) houses similarly behaving offenders together; and
227          (f) reducing departmental costs.
228          (6) A direct supervision system shall include the following elements:
229          (a) department staff will interact continuously with offenders to actively manage
230     offenders' behavior and to identify problems at early stages;
231          (b) department staff will use management techniques designed to prevent and
232     discourage negative offender behavior and encourage positive offender behavior;
233          (c) department staff will establish and maintain a professional supervisory relationship
234     with offenders; and
235          (d) barriers separating department staff and offenders shall be removed.
236          (7) Beginning in the 2022 interim, the department shall provide an annual report to the
237     Law Enforcement and Criminal Justice Interim Committee regarding the status of the
238     implementation of direct supervision.
239          Section 5. Section 64-13-24 is amended to read:
240          64-13-24. Standards for staff training.
241          To assure the safe and professional operation of correctional programs, the department
242     shall establish policies setting minimum standards for the basic training of all staff upon

243     employment, and the subsequent regular training of staff, including training on direct
244     supervision and trauma-informed care. The training standards of correctional officers who are
245     designated as peace officers shall be not less than those established by the Peace Officer
246     Standards and Training Council.
247          Section 6. Section 77-18-1 is amended to read:
248          77-18-1. Suspension of sentence -- Pleas held in abeyance -- Probation --
249     Supervision -- Presentence investigation -- Standards -- Confidentiality -- Terms and
250     conditions -- Termination, revocation, modification, or extension -- Hearings -- Electronic
251     monitoring.
252          (1) On a plea of guilty or no contest entered by a defendant in conjunction with a plea
253     in abeyance agreement, the court may hold the plea in abeyance as provided in Chapter 2a,
254     Pleas in Abeyance, and under the terms of the plea in abeyance agreement.
255          (2) (a) On a plea of guilty, guilty with a mental illness, no contest, or conviction of any
256     crime or offense, the court may, after imposing sentence, suspend the execution of the sentence
257     and place the defendant:
258          (i) on probation under the supervision of the Department of Corrections except in cases
259     of class C misdemeanors or infractions;
260          (ii) on probation under the supervision of an agency of local government or with a
261     private organization; or
262          (iii) on court probation under the jurisdiction of the sentencing court.
263          (b) (i) The legal custody of all probationers under the supervision of the department is
264     with the department.
265          (ii) The legal custody of all probationers under the jurisdiction of the sentencing court
266     is vested as ordered by the court.
267          (iii) The court has continuing jurisdiction over all probationers.
268          (iv) Court probation may include an administrative level of services, including
269     notification to the court of scheduled periodic reviews of the probationer's compliance with
270     conditions.
271          (c) Supervised probation services provided by the department, an agency of local
272     government, or a private organization shall specifically address the offender's risk of
273     reoffending as identified by a validated risk and needs screening or assessment.

274          (3) (a) The department shall establish supervision and presentence investigation
275     standards for all individuals referred to the department based on:
276          (i) the type of offense;
277          (ii) the results of a risk and needs assessment;
278          (iii) the demand for services;
279          (iv) the availability of agency resources;
280          (v) public safety; and
281          (vi) other criteria established by the department to determine what level of services
282     shall be provided.
283          (b) Proposed supervision and investigation standards shall be submitted to the Judicial
284     Council and the Board of Pardons and Parole on an annual basis for review and comment prior
285     to adoption by the department.
286          (c) The Judicial Council and the department shall establish procedures to implement
287     the supervision and investigation standards.
288          (d) The Judicial Council and the department shall annually consider modifications to
289     the standards based upon criteria in Subsection (3)(a) and other criteria as they consider
290     appropriate.
291          (e) The Judicial Council and the department shall annually prepare an impact report
292     and submit it to the appropriate legislative appropriations subcommittee.
293          (4) Notwithstanding other provisions of law, the department is not required to
294     supervise the probation of an individual convicted of a class B or C misdemeanor or an
295     infraction or to conduct presentence investigation reports on a class C misdemeanor or
296     infraction. However, the department may supervise the probation of a class B misdemeanant in
297     accordance with department standards.
298          (5) (a) Before the imposition of any sentence, the court may, with the concurrence of
299     the defendant, continue the date for the imposition of sentence for a reasonable period of time
300     for the purpose of obtaining a presentence investigation report from the department or
301     information from other sources about the defendant.
302          (b) The presentence investigation report shall include:
303          (i) a victim impact statement according to guidelines set in Section 77-38a-203
304     describing the effect of the crime on the victim and the victim's family;

305          (ii) a specific statement of pecuniary damages, accompanied by a recommendation
306     from the department regarding the payment of restitution with interest by the defendant in
307     accordance with Chapter 38a, Crime Victims Restitution Act;
308          (iii) findings from any screening and any assessment of the offender conducted under
309     Section 77-18-1.1;
310          (iv) recommendations for treatment of the offender; and
311          (v) the number of days since the commission of the offense that the offender has spent
312     in the custody of the jail and the number of days, if any, the offender was released to a
313     supervised release or alternative incarceration program under Section 17-22-5.5.
314          (c) The contents of the presentence investigation report are protected and are not
315     available except by court order for purposes of sentencing as provided by rule of the Judicial
316     Council or for use by the department.
317          (6) (a) The department shall provide the presentence investigation report to the
318     defendant's attorney, or the defendant if not represented by counsel, the prosecutor, and the
319     court for review, three working days prior to sentencing. Any alleged inaccuracies in the
320     presentence investigation report, which have not been resolved by the parties and the
321     department prior to sentencing, shall be brought to the attention of the sentencing judge, and
322     the judge may grant an additional 10 working days to resolve the alleged inaccuracies of the
323     report with the department. If after 10 working days the inaccuracies cannot be resolved, the
324     court shall make a determination of relevance and accuracy on the record.
325          (b) If a party fails to challenge the accuracy of the presentence investigation report at
326     the time of sentencing, that matter shall be considered to be waived.
327          (7) At the time of sentence, the court shall receive any testimony, evidence, or
328     information the defendant or the prosecuting attorney desires to present concerning the
329     appropriate sentence. This testimony, evidence, or information shall be presented in open court
330     on record and in the presence of the defendant.
331          (8) While on probation, and as a condition of probation, the court may require that a
332     defendant perform any or all of the following:
333          (a) provide for the support of others for whose support the defendant is legally liable;
334          (b) participate in available treatment programs, including any treatment program in
335     which the defendant is currently participating, if the program is acceptable to the court;

336          (c) if on probation for a felony offense, serve a period of time, as an initial condition of
337     probation, not to exceed one year, in a county jail designated by the department, after
338     considering any recommendation by the court as to which jail the court finds most appropriate:
339          (i) the court may modify probation to include a period of time served in a county jail
340     immediately prior to the termination of probation as long as the terminal period of time does
341     not exceed one year; and
342          (ii) jail days ordered as a sanction for probation violations do not apply to the
343     limitation on jail days described in Subsection (8)(c) or (8)(c)(i);
344          (d) serve a term of home confinement, which may include the use of electronic
345     monitoring;
346          (e) participate in compensatory service restitution programs, including the
347     compensatory service program provided in Section 76-6-107.1;
348          (f) pay for the costs of investigation, probation, and treatment services;
349          (g) make restitution or reparation to the victim or victims with interest in accordance
350     with Chapter 38a, Crime Victims Restitution Act; and
351          (h) comply with other terms and conditions the court considers appropriate to ensure
352     public safety or increase a defendant's likelihood of success on probation.
353          (9) The department shall collect and disburse the accounts receivable as defined by
354     Section 77-32a-101, with interest and any other costs assessed under Section 64-13-21 during:
355          (a) the parole period and any extension of that period in accordance with Subsection
356     77-27-6(4); and
357          (b) the probation period in cases for which the court orders supervised probation and
358     any extension of that period by the department in accordance with Subsection (10).
359          (10) (a) (i) Except as provided in Subsection (10)(a)(ii), probation of an individual
360     placed on probation after December 31, 2018:
361          (A) may not exceed the individual's maximum sentence;
362          (B) shall be for a period of time that is in accordance with the supervision length
363     guidelines established by the Utah Sentencing Commission under Section 63M-7-404, to the
364     extent the guidelines are consistent with the requirements of the law; and
365          (C) shall be terminated in accordance with the supervision length guidelines
366     established by the Utah Sentencing Commission under Section 63M-7-404, to the extent the

367     guidelines are consistent with the requirements of the law.
368          (ii) Probation of an individual placed on probation after December 31, 2018, whose
369     maximum sentence is one year or less may not exceed 36 months.
370          (iii) Probation of an individual placed on probation on or after October 1, 2015, but
371     before January 1, 2019, may be terminated at any time at the discretion of the court or upon
372     completion without violation of 36 months probation in felony or class A misdemeanor cases,
373     12 months in cases of class B or C misdemeanors or infractions, or as allowed pursuant to
374     Section 64-13-21 regarding earned credits.
375          (b) (i) If, upon expiration or termination of the probation period under Subsection
376     (10)(a), there remains an unpaid balance upon the accounts receivable as defined in Section
377     77-32a-101, the court may retain jurisdiction of the case and continue the defendant on bench
378     probation for the limited purpose of enforcing the payment of the account receivable. If the
379     court retains jurisdiction for this limited purpose, the court may order the defendant to pay to
380     the court the costs associated with continued probation under this Subsection (10).
381          (ii) In accordance with Section 77-18-6, the court shall record in the registry of civil
382     judgments any unpaid balance not already recorded and immediately transfer responsibility to
383     collect the account to the Office of State Debt Collection.
384          (iii) Upon motion of the Office of State Debt Collection, prosecutor, victim, or upon its
385     own motion, the court may require the defendant to show cause why the defendant's failure to
386     pay should not be treated as contempt of court.
387          (c) Subsections (10)(a) and (b) do not apply to Section 76-7-201, criminal nonsupport.
388          (d) (i) The department shall notify the court, the Office of State Debt Collection, and
389     the prosecuting attorney in writing in advance in all cases when termination of supervised
390     probation is being requested by the department or will occur by law.
391          (ii) The notification shall include a probation progress report and complete report of
392     details on outstanding accounts receivable.
393          (11) (a) (i) Any time served by a probationer outside of confinement after having been
394     charged with a probation violation and prior to a hearing to revoke probation does not
395     constitute service of time toward the total probation term unless the probationer is exonerated
396     at a hearing to revoke the probation.
397          (ii) Any time served in confinement awaiting a hearing or decision concerning

398     revocation of probation does not constitute service of time toward the total probation term
399     unless the probationer is exonerated at the hearing.
400          (iii) Any time served in confinement awaiting a hearing or decision concerning
401     revocation of probation constitutes service of time toward a term of incarceration imposed as a
402     result of the revocation of probation or a graduated sanction imposed under Section
403     63M-7-404.
404          (b) The running of the probation period is tolled upon the filing of a violation report
405     with the court alleging a violation of the terms and conditions of probation or upon the issuance
406     of an order to show cause or warrant by the court.
407          (12) (a) (i) Probation may be modified as is consistent with the supervision length
408     guidelines and the graduated sanctions and incentives developed by the Utah Sentencing
409     Commission under Section 63M-7-404.
410          (ii) The length of probation may not be extended, except upon waiver of a hearing by
411     the probationer or upon a hearing and a finding in court that the probationer has violated the
412     conditions of probation.
413          (iii) Probation may not be revoked except upon a hearing in court and a finding that the
414     conditions of probation have been violated.
415          (b) (i) Upon the filing of an affidavit, or an unsworn written declaration executed in
416     substantial compliance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act,
417     alleging with particularity facts asserted to constitute violation of the conditions of probation,
418     the court shall determine if the affidavit or unsworn written declaration establishes probable
419     cause to believe that revocation, modification, or extension of probation is justified.
420          (ii) If the court determines there is probable cause, it shall cause to be served on the
421     defendant a warrant for the defendant's arrest or a copy of the affidavit or unsworn written
422     declaration and an order to show cause why the defendant's probation should not be revoked,
423     modified, or extended.
424          (c) (i) The order to show cause shall specify a time and place for the hearing and shall
425     be served upon the defendant at least five days prior to the hearing.
426          (ii) The defendant shall show good cause for a continuance.
427          (iii) The order to show cause shall inform the defendant of a right to be represented by
428     counsel at the hearing and to have counsel appointed if the defendant is indigent.

429          (iv) The order shall also inform the defendant of a right to present evidence.
430          (d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit
431     or unsworn written declaration.
432          (ii) If the defendant denies the allegations of the affidavit or unsworn written
433     declaration, the prosecuting attorney shall present evidence on the allegations.
434          (iii) The persons who have given adverse information on which the allegations are
435     based shall be presented as witnesses subject to questioning by the defendant unless the court
436     for good cause otherwise orders.
437          (iv) The defendant may call witnesses, appear and speak in the defendant's own behalf,
438     and present evidence.
439          (e) (i) After the hearing the court shall make findings of fact.
440          (ii) Upon a finding that the defendant violated the conditions of probation, the court
441     may order the probation revoked, modified, continued, or reinstated for all or a portion of the
442     original term of probation.
443          (iii) (A) Except as provided in Subsection (10)(a)(ii), the court may not require a
444     defendant to remain on probation for a period of time that exceeds the length of the defendant's
445     maximum sentence.
446          (B) Except as provided in Subsection (10)(a)(ii), if a defendant's probation is revoked
447     and later reinstated, the total time of all periods of probation the defendant serves, relating to
448     the same sentence, may not exceed the defendant's maximum sentence.
449          (iv) If a period of incarceration is imposed for a violation, the defendant shall be
450     sentenced within the guidelines established by the Utah Sentencing Commission pursuant to
451     Subsection 63M-7-404(4), unless the judge determines that:
452          (A) the defendant needs substance abuse or mental health treatment, as determined by a
453     validated risk and needs screening and assessment, that warrants treatment services that are
454     immediately available in the community; or
455          (B) the sentence previously imposed shall be executed.
456          (v) If the defendant had, prior to the imposition of a term of incarceration or the
457     execution of the previously imposed sentence under this Subsection (12), served time in jail as
458     a condition of probation or due to a violation of probation under Subsection (12)(e)(iv), the
459     time the probationer served in jail constitutes service of time toward the sentence previously

460     imposed.
461          (13) The court may order the defendant to commit the defendant to the custody of the
462     Division of Substance Abuse and Mental Health for treatment at the Utah State Hospital as a
463     condition of probation or stay of sentence, only after the superintendent of the Utah State
464     Hospital or the superintendent's designee has certified to the court that:
465          (a) the defendant is appropriate for and can benefit from treatment at the state hospital;
466          (b) treatment space at the hospital is available for the defendant; and
467          (c) individuals described in Subsection 62A-15-610(2)(g) are receiving priority for
468     treatment over the defendants described in this Subsection (13).
469          (14) Presentence investigation reports are classified protected in accordance with Title
470     63G, Chapter 2, Government Records Access and Management Act. Notwithstanding Sections
471     63G-2-403 and 63G-2-404, the State Records Committee may not order the disclosure of a
472     presentence investigation report. Except for disclosure at the time of sentencing pursuant to
473     this section, the department may disclose the presentence investigation only when:
474          (a) ordered by the court pursuant to Subsection 63G-2-202(7);
475          (b) requested by a law enforcement agency or other agency approved by the department
476     for purposes of supervision, confinement, and treatment of the offender;
477          (c) requested by the Board of Pardons and Parole;
478          (d) requested by the subject of the presentence investigation report or the subject's
479     authorized representative;
480          (e) requested by the victim of the crime discussed in the presentence investigation
481     report or the victim's authorized representative, provided that the disclosure to the victim shall
482     include only information relating to statements or materials provided by the victim, to the
483     circumstances of the crime including statements by the defendant, or to the impact of the crime
484     on the victim or the victim's household; or
485          (f) requested by a sex offender treatment provider who is certified to provide treatment
486     under the program established in Subsection 64-13-25(3) and who, at the time of the request:
487          (i) is providing sex offender treatment to the offender who is the subject of the
488     presentence investigation report; and
489          (ii) provides written assurance to the department that the report:
490          (A) is necessary for the treatment of the offender;

491          (B) will be used solely for the treatment of the offender; and
492          (C) will not be disclosed to an individual or entity other than the offender.
493          (15) (a) The court shall consider home confinement as a condition of probation under
494     the supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5.
495          (b) The department shall establish procedures and standards for home confinement,
496     including electronic monitoring, for all individuals referred to the department in accordance
497     with Subsection (16).
498          (16) (a) If the court places the defendant on probation under this section, it may order
499     the defendant to participate in home confinement through the use of electronic monitoring as
500     described in this section until further order of the court.
501          (b) The electronic monitoring shall alert the department and the appropriate law
502     enforcement unit of the defendant's whereabouts.
503          (c) The electronic monitoring device shall be used under conditions which require:
504          (i) the defendant to wear an electronic monitoring device at all times; and
505          (ii) that a device be placed in the home of the defendant, so that the defendant's
506     compliance with the court's order may be monitored.
507          (d) If a court orders a defendant to participate in home confinement through electronic
508     monitoring as a condition of probation under this section, it shall:
509          (i) place the defendant on probation under the supervision of the Department of
510     Corrections;
511          (ii) order the department to place an electronic monitoring device on the defendant and
512     install electronic monitoring equipment in the residence of the defendant; and
513          (iii) order the defendant to pay the costs associated with home confinement to the
514     department or the program provider.
515          (e) The department shall pay the costs of home confinement through electronic
516     monitoring only for an individual who is determined to be indigent by the court.
517          (f) The department may provide the electronic monitoring described in this section
518     either directly or by contract with a private provider.
519          (17) When making any decision regarding probation, the court shall consider
520     information provided by the Department of Corrections regarding a defendant's individual case
521     action plan, including any progress the defendant has made in satisfying the case action plan's

522     completion requirements.
523          Section 7. Section 77-27-5 is amended to read:
524          77-27-5. Board of Pardons and Parole authority.
525          (1) (a) The Board of Pardons and Parole shall determine by majority decision when and
526     under what conditions any convictions, except for treason or impeachment, may be pardoned or
527     commuted, subject to this chapter and other laws of the state.
528          (b) The Board of Pardons and Parole shall determine by majority decision when and
529     under what conditions, subject to this chapter and other laws of the state, individuals
530     committed to serve sentences at penal or correctional facilities that are under the jurisdiction of
531     the Department of Corrections, except treason or impeachment convictions or as otherwise
532     limited by law, may be released upon parole, ordered to pay restitution, or have their fines,
533     forfeitures, or restitution remitted, or their sentences terminated.
534          (c) The board may sit together or in panels to conduct hearings. The chair shall appoint
535     members to the panels in any combination and in accordance with rules made in accordance
536     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, by the board. The chair may
537     participate on any panel and when doing so is chair of the panel. The chair of the board may
538     designate the chair for any other panel.
539          (d) No restitution may be ordered, no fine, forfeiture, or restitution remitted, no parole,
540     pardon, or commutation granted or sentence terminated, except after a full hearing before the
541     board or the board's appointed examiner in open session. Any action taken under this
542     subsection other than by a majority of the board shall be affirmed by a majority of the board.
543          (e) A commutation or pardon may be granted only after a full hearing before the board.
544          (f) The board may determine restitution as provided in Section 77-27-6 and Subsection
545     77-38a-302(5)(d)(iii)(A).
546          (2) (a) In the case of any hearings, timely prior notice of the time and location of the
547     hearing shall be given to the offender.
548          (b) The county or district attorney's office responsible for prosecution of the case, the
549     sentencing court, and law enforcement officials responsible for the defendant's arrest and
550     conviction shall be notified of any board hearings through the board's website.
551          (c) Whenever possible, the victim or the victim's representative, if designated, shall be
552     notified of original hearings and any hearing after that if notification is requested and current

553     contact information has been provided to the board.
554          (d) Notice to the victim or the victim's representative shall include information
555     provided in Section 77-27-9.5, and any related rules made by the board under that section. This
556     information shall be provided in terms that are reasonable for the lay person to understand.
557          (3) Decisions of the board in cases involving paroles, pardons, commutations or
558     terminations of sentence, restitution, or remission of fines or forfeitures are final and are not
559     subject to judicial review. Nothing in this section prevents the obtaining or enforcement of a
560     civil judgment, including restitution as provided in Section 77-27-6.
561          (4) This chapter may not be construed as a denial of or limitation of the governor's
562     power to grant respite or reprieves in all cases of convictions for offenses against the state,
563     except treason or conviction on impeachment. However, respites or reprieves may not extend
564     beyond the next session of the Board of Pardons and Parole and the board, at that session, shall
565     continue or terminate the respite or reprieve, or it may commute the punishment, or pardon the
566     offense as provided. In the case of conviction for treason, the governor may suspend execution
567     of the sentence until the case is reported to the Legislature at its next session. The Legislature
568     shall then either pardon or commute the sentence, or direct its execution.
569          (5) In determining when, where, and under what conditions an offender serving a
570     sentence may be paroled, pardoned, have restitution ordered, or have the offender's fines or
571     forfeitures remitted, or the offender's sentence commuted or terminated, the board shall:
572          (a) consider whether the offender has made or is prepared to make restitution as
573     ascertained in accordance with the standards and procedures of Section 77-38a-302, as a
574     condition of any parole, pardon, remission of fines or forfeitures, or commutation or
575     termination of sentence; [and]
576          (b) develop and use a list of criteria for making determinations under this Subsection
577     (5)[.];
578          (c) consider information provided by the Department of Corrections regarding an
579     offender's individual case action plan; and
580          (d) review an offender's status within 60 days after the day on which the board receives
581     notice from the Department of Corrections that the offender has completed all of the offender's
582     case action plan components that relate to activities that can be accomplished while the
583     offender is imprisoned.

584          (6) In determining whether parole may be terminated, the board shall consider:
585          (a) the offense committed by the parolee; and
586          (b) the parole period as provided in Section 76-3-202, and in accordance with Section
587     77-27-13.
588          (7) For offenders placed on parole after December 31, 2018, the board shall terminate
589     parole in accordance with the supervision length guidelines established by the Utah Sentencing
590     Commission under Section 63M-7-404, to the extent the guidelines are consistent with the
591     requirements of the law.
592          Section 8. Coordinating S.B. 139 with H.B. 260 -- Technical and substantive
593     amendments.
594          If this S.B. 139 and H.B. 260, Criminal Justice Modifications, both pass and become
595     law, it is the intent of the Legislature that the Office of Legislative Research and General
596     Counsel shall prepare the Utah Code database for publication by:
597          (1) not making the changes to Section 77-18-1 in this S.B.139; and
598          (2) adding a new subsection (9) to Section 77-18-105 in H.B. 260:
599          "(9) When making any decision regarding probation, the court shall consider
600     information provided by the Department of Corrections regarding a defendant's individual case
601     action plan, including any progress the defendant has made in satisfying the case action plan's
602     completion requirements.".