1     
SEX OFFENDER REGISTRY AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael S. Kennedy

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill allows for individuals on the Sex and Kidnap Offender Registry to enter
10     restricted areas if accompanied by an adult.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows for individuals on the Sex and Kidnap Offender Registry to enter a restricted
14     area if accompanied by an adult; and
15          ▸     changes the term "sex offender" to "registrant."
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          77-27-21.7, as last amended by Laws of Utah 2020, Chapter 206
23          77-27-21.8, as last amended by Laws of Utah 2015, Chapter 258
24          77-27-21.9, as enacted by Laws of Utah 2008, Chapter 309
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 77-27-21.7 is amended to read:
28          77-27-21.7. Sex offender registrant restrictions.
29          (1) As used in this section, Section 77-27-21.8, and Section 77-27-21.9:
30          (a) "Minor" means an individual who is less than 18 years old[;].
31          (b) (i) "Protected area" means the premises occupied by:
32          (A) any licensed day care or preschool facility;
33          (B) a swimming pool that is open to the public;
34          (C) a public or private primary or secondary school that is not on the grounds of a
35     correctional facility;
36          (D) a community park that is open to the public;
37          (E) a playground that is open to the public, including those areas designed to provide
38     children space, recreational equipment, or other amenities intended to allow children to engage
39     in physical activity; and
40          (F) except as provided in Subsection (1)(b)(ii), an area that is 1,000 feet or less from
41     the residence of a victim of the [sex offender if the sex offender] registrant if the registrant is
42     subject to a victim requested restriction.
43          (ii) "Protected area" does not include the area described in Subsection (1)(b)(i)(F) if:
44          (A) the victim is a member of the immediate family of the [sex offender] registrant;
45     and
46          (B) the terms of the [sex offender's] registrant's agreement of probation or parole allow
47     the [sex offender] registrant to reside in the same residence as the victim.
48          (c) ["Sex offender"] "Registrant" means an adult or juvenile who is required to register
49     in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, due to a
50     conviction for any offense that is committed against a person younger than 18 years old.
51          (2) For purposes of Subsection (1)(b)(i)(F), a [sex offender] registrant is subject to a
52     victim requested restriction if:
53          (a) the [sex offender] registrant is on probation or parole for an offense that requires
54     the [offender] registrant to register in accordance with Title 77, Chapter 41, Sex and Kidnap
55     Offender Registry;
56          (b) the victim or the victim's parent or guardian advises the Department of Corrections
57     that the victim elects to restrict the [sex offender] registrant from the area and authorizes the
58     Department of Corrections to advise the [sex offender] registrant of the area where the victim
59     resides; and
60          (c) the Department of Corrections notifies the [sex offender] registrant in writing that
61     the [sex offender] registrant is prohibited from being in the area described in Subsection
62     (1)(b)(i)(F) and provides a description of the location of the protected area to the [sex offender]
63     registrant.
64          (3) A [sex offender] registrant may not:
65          (a) be in a protected area except:
66          (i) when the [sex offender] registrant must be in a protected area to perform the [sex
67     offender's] registrant's parental responsibilities;
68          (ii) (A) when the protected area is a public or private primary or secondary school; and
69          (B) the school is open and being used for a public activity other than a school-related
70     function that involves a minor; [or]
71          (iii) (A) if the protected area is a licensed day care or preschool facility located within a
72     building that is open to the public for purposes other than the operation of the day care or
73     preschool facility; and
74          (B) the [sex offender] registrant does not enter a part of the building that is occupied by
75     the day care or preschool facility; or
76          (iv) when the registrant is accompanied in the protected area by an adult who remains
77     with the registrant for the duration of the visit; or
78          (b) serve as an athletic coach, manager, or trainer for any sports team of which a minor
79     who is less than 18 years old is a member.
80          (4) Subsection (3)(a)(iv) does not apply to Subsection (1)(b)(i)(F).
81          [(4)] (5) A [sex offender] registrant who violates this section is guilty of a class A
82     misdemeanor.
83          Section 2. Section 77-27-21.8 is amended to read:
84          77-27-21.8. Sex offender registrant in presence of a child -- Definitions --
85     Penalties.
86          (1) As used in this section:
87          (a) "Accompany" means:
88          (i) to be in the presence of an individual; and
89          (ii) to move or travel with that individual from one location to another, whether
90     outdoors, indoors, or in or on any type of vehicle.
91          (b) "Child" means an individual younger than 14 years [of age] old.
92          (2) A [sex offender] registrant subject to registration in accordance with Title 77,
93     Chapter 41, Sex and Kidnap Offender Registry, for an offense committed or attempted to be
94     committed against a child younger than 14 years [of age] old is guilty of a class A
95     misdemeanor if the [sex offender] registrant requests, invites, or solicits a child to accompany
96     the [sex offender] registrant, under circumstances that do not constitute an attempt to violate
97     Section 76-5-301.1, child kidnapping, unless:
98          (a) (i) the [sex offender] registrant, prior to accompanying the child:
99          (A) verbally advises the child's parent or legal guardian that the [sex offender]
100     registrant is on the state sex offender registry and is required by state law to obtain written
101     permission in order for the [sex offender] registrant to accompany the child; and
102          (B) requests that the child's parent or legal guardian provide written authorization for
103     the [sex offender] registrant to accompany the child, including the specific dates and locations;
104          (ii) the child's parent or legal guardian has provided to the [sex offender] registrant
105     written authorization, including the specific dates and locations, for the [sex offender]
106     registrant to accompany the child; and
107          (iii) the [sex offender] registrant has possession of the written authorization and is
108     accompanying the child only at the dates and locations specified in the authorization;
109          (b) the child's parent or guardian has verbally authorized the [sex offender] registrant to
110     accompany the child either in the child's residence or on property appurtenant to the child's
111     residence, but in no other locations; or
112          (c) the child is the natural child of the [sex offender] registrant, and the [offender]
113     registrant is not prohibited by any court order, or probation or parole provision, from contact
114     with the child.
115          (3) (a) A [sex offender] registrant convicted of a violation of Subsection (2) is subject
116     to registration in accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, for
117     an additional five years subsequent to the required registration under Section 77-41-105.
118          (b) The period of additional registration imposed under Subsection (3)(a) is also in
119     addition to any period of registration imposed under Subsection 77-41-107(3) for failure to
120     comply with registration requirements.
121          (4) It is not a defense to a prosecution under this section that the [defendant] registrant
122     mistakenly believed the individual to be 14 years [of age] old or older at the time of the offense
123     or was unaware of the individual's true age.
124          (5) This section does not apply if a [sex offender] registrant is acting to rescue a child
125     who is in an emergency and life-threatening situation.
126          Section 3. Section 77-27-21.9 is amended to read:
127          77-27-21.9. Sex offender registrant assessment.
128          (1) As used in this section:
129          (a) "Dynamic factors" means a person's individual characteristics, issues, resources, or
130     circumstances that:
131          (i) can change or be influenced; and
132          (ii) affect the risk of recidivism or the risk of violating conditions of probation or
133     parole.
134          (b) "Multi-domain assessment" means an evaluation process or tool which reports in
135     quantitative and qualitative terms [an offender's] a registrant's condition, stability, needs,
136     resources, and dynamic factors affecting the [offender's] registrant's transition into the
137     community and compliance with conditions of probation or parole, such as the following:
138          (i) alcohol and other drug use;
139          (ii) mental health status;
140          (iii) physical health;
141          (iv) criminal behavior;
142          (v) education;
143          (vi) emotional health and barriers;
144          (vii) employment;
145          (viii) family dynamics;
146          (ix) housing;
147          (x) physical health and nutrition;
148          (xi) spirituality;
149          (xii) social support systems;
150          (xiii) special population needs, including:
151          (A) co-existing disorders;
152          (B) domestic violence;
153          (C) drug of choice;
154          (D) gender, ethnic, and cultural considerations;
155          (E) other health issues;
156          (F) sexual abuse; and
157          (G) sexual orientation;
158          (xiv) transportation; and
159          (xv) treatment involvement.
160          (c) "Qualitative terms" means written summaries used to describe meaning, enrich, or
161     explain significant quantitative indicators or benchmarks within the areas defined in Subsection
162     (1)(b).
163          (d) "Quantitative terms" means numerical distinctions or benchmarks used to describe
164     conditions within the areas defined in Subsection (1)(b).
165          (2) The department shall issue a request for proposals to provide a periodic
166     multi-domain assessment tool, as defined in Subsection (1)(b) and implement the tool for a
167     three-year trial period in the management of [sex offenders] registrants being supervised in the
168     community in the department's Region 3.
169          (3) The request for proposals shall include a requirement that the multi-domain
170     assessment tool be designed to be administered:
171          (a) every 16 weeks during the first year a [sex offender] registrant is supervised in the
172     community; and
173          (b) every 12 to 26 weeks during the second and subsequent years a [sex offender]
174     registrant is supervised in the community, as determined appropriate by the department's
175     supervisory personnel and the [sex offender's] registrant's treatment team.
176          (4) The department shall promptly make results of the multi-domain assessment
177     available to:
178          (a) the [sex offender's] registrant's treatment team; and
179          (b) the corrections personnel responsible for supervising the [offender] registrant.
180          (5) The department shall provide to the legislative Law Enforcement and Criminal
181     Justice Interim Committee at the conclusion of the trial period a written report of the results of
182     the use of the multi-domain assessments, including:
183          (a) the impact on recidivism;
184          (b) other indicators of the effect of the use of the assessments;
185          (c) the number of assessments administered annually;
186          (d) the number of individuals who were assessed during the year; and
187          (e) any recommended legislative or policy changes.