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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to individuals required to register for the sex
10 offender registry.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ clarifies that juveniles committing qualifying offenses are still required to comply
15 with registry requirements;
16 ▸ adds attempt, solicitation, and conspiracy to commit certain human trafficking
17 offenses to the offenses that qualify for the sex offender registry;
18 ▸ clarifies that for purposes of determining a lifetime registration requirement for an
19 offender under 21 years old, a sentencing court may determine at any time after a
20 conviction that the offense did not involve force or coercion;
21 ▸ enacts provisions related to juveniles transferred from the custody of the Division of
22 Juvenile Justice Services to the Department of Corrections;
23 ▸ specifies the number of days an offender may drive a particular car before that car's
24 information must be reported;
25 ▸ requires the Department of Corrections to maintain, but not publish, information on
26 individuals who were under 18 years old when they committed a qualifying offense,
27 unless the offender committed an offense requiring lifetime registration; and
28 ▸ makes technical and conforming changes.
29 Money Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 76-3-209, as last amended by Laws of Utah 2021, Chapter 206
36 76-5-401, as last amended by Laws of Utah 2022, Chapter 181
37 76-5-401.1, as last amended by Laws of Utah 2022, Chapter 181
38 76-5-401.3, as last amended by Laws of Utah 2022, Chapter 181
39 76-9-702, as last amended by Laws of Utah 2022, Chapter 181
40 76-9-702.1, as last amended by Laws of Utah 2022, Chapter 181
41 77-41-102, as last amended by Laws of Utah 2022, Chapters 185, 430
42 77-41-103, as last amended by Laws of Utah 2018, Chapter 281
43 77-41-105, as last amended by Laws of Utah 2020, Chapter 108
44 77-41-106, as last amended by Laws of Utah 2022, Chapters 185, 430
45 77-41-107, as last amended by Laws of Utah 2019, Chapter 189
46 77-41-109, as last amended by Laws of Utah 2020, Chapter 237
47 77-41-110, as enacted by Laws of Utah 2012, Chapter 145 and last amended by
48 Coordination Clause, Laws of Utah 2012, Chapter 382
49 77-41-113, as last amended by Laws of Utah 2021, Chapters 206, 334 and 410 and last
50 amended by Coordination Clause, Laws of Utah 2021, Chapter 410
51 78B-8-302, as last amended by Laws of Utah 2018, Chapter 298
52 80-5-201, as last amended by Laws of Utah 2022, Chapter 155
53 ENACTS:
54 77-41-114, Utah Code Annotated 1953
55
56 Be it enacted by the Legislature of the state of Utah:
57 Section 1. Section 76-3-209 is amended to read:
58 76-3-209. Limitation on sentencing for crimes committed by juveniles.
59 (1) As used in this section, "qualifying sexual offense" means:
60 (a) an offense described in Chapter 5, Part 4, Sexual Offenses;
61 (b) Section 76-9-702, lewdness;
62 (c) Section 76-9-702.1, sexual battery; or
63 (d) Section 76-9-702.5, lewdness involving a child.
64 (2) (a) This Subsection (2) only applies prospectively to an individual sentenced on or
65 after May 10, 2016.
66 (b) Notwithstanding any provision of law, an individual may not be sentenced to life
67 without parole if:
68 (i) the individual is convicted of a crime punishable by life without parole; and
69 (ii) at the time the individual committed the crime, the individual was less than 18
70 years old.
71 (c) The maximum punishment that may be imposed on an individual described in
72 Subsection (2)(b) is an indeterminate prison term of not less than 25 years and that may be for
73 life.
74 (3) Except as provided in Subsection (4), if an individual is convicted in district court
75 of a qualifying sexual offense and, at the time of the offense, the individual was at least 14
76 years old, but under 18 years old:
77 [
78
79 [
80 would have been made in juvenile court; and
81 [
82 written findings that incarceration is warranted based on a totality of the circumstances, taking
83 into account:
84 (i) the time that elapsed after the individual committed the offense;
85 (ii) the age of the individual at the time of the offense;
86 (iii) the age of the victim at the time of the offense;
87 (iv) the criminal history of the individual after the individual committed the offense;
88 (v) any treatment assessments or validated risk tools; and
89 (vi) public safety concerns.
90 (4) Subsection (3) does not apply if:
91 (a) before the individual described in Subsection (3) is convicted of the qualifying
92 sexual offense, the individual is convicted of a qualifying sexual offense that the individual
93 committed when the individual was 18 years old or older; or
94 (b) the individual is convicted in district court, before the victim is 18 years old, of a
95 violation of Section 76-5-405, aggravated sexual assault.
96 (5) If the district court imposes incarceration under Subsection [
97 of incarceration may not exceed:
98 (a) seven years for a violation of Section 76-5-405, aggravated sexual assault;
99 (b) except as provided in Subsection (5)(a), four years for a felony violation of Chapter
100 5, Part 4, Sexual Offenses; or
101 (c) the maximum sentence described in Section 76-3-204 for:
102 (i) a misdemeanor violation of Chapter 5, Part 4, Sexual Offenses;
103 (ii) a violation of Section 76-9-702, lewdness;
104 (iii) a violation of Section 76-9-702.1, sexual battery; or
105 (iv) a violation of Section 76-9-702.5, lewdness involving a child.
106 Section 2. Section 76-5-401 is amended to read:
107 76-5-401. Unlawful sexual activity with a minor -- Penalties -- Evidence of age
108 raised by defendant -- Limitations.
109 (1) (a) As used in this section, "minor" means an individual who is 14 years old or
110 older, but younger than 16 years old, at the time the sexual activity described in Subsection (2)
111 occurred.
112 (b) Terms defined in Section 76-1-101.5 apply to this section.
113 (2) (a) Under circumstances not amounting to an offense listed in Subsection (4), an
114 actor 18 years old or older commits unlawful sexual activity with a minor if the actor:
115 (i) has sexual intercourse with the minor;
116 (ii) engages in any sexual act with the minor involving the genitals of an individual and
117 the mouth or anus of another individual; or
118 (iii) causes the penetration, however slight, of the genital or anal opening of the minor
119 by a foreign object, substance, instrument, or device, including a part of the human body, with
120 the intent to cause substantial emotional or bodily pain to any individual or with the intent to
121 arouse or gratify the sexual desire of any individual.
122 (b) Any touching, however slight, is sufficient to constitute the relevant element of a
123 violation of Subsection (2)(a)(ii).
124 (3) (a) A violation of Subsection (2) is a third degree felony.
125 (b) (i) Notwithstanding Subsection (3)(a) or (c), if the defendant establishes by a
126 preponderance of the evidence the mitigating factor that the defendant is less than four years
127 older than the minor at the time the sexual activity occurred, the offense is a class B
128 misdemeanor.
129 (ii) An offense under Subsection (3)(b)(i) is not subject to registration under
130 Subsection [
131 (c) (i) Notwithstanding Subsection (3)(a), if the defendant establishes by a
132 preponderance of the evidence the mitigating factor that the defendant was younger than 21
133 years old at the time the sexual activity occurred, the offense is a class A misdemeanor.
134 (ii) An offense under Subsection (3)(c)(i) is not subject to registration under
135 Subsection [
136 (4) The offenses referred to in Subsection (2)(a) are:
137 (a) rape, in violation of Section 76-5-402;
138 (b) object rape, in violation of Section 76-5-402.2;
139 (c) forcible sodomy, in violation of Section 76-5-403;
140 (d) aggravated sexual assault, in violation of Section 76-5-405; or
141 (e) an attempt to commit an offense listed in Subsections (4)(a) through (4)(d).
142 Section 3. Section 76-5-401.1 is amended to read:
143 76-5-401.1. Sexual abuse of a minor -- Penalties -- Limitations.
144 (1) (a) As used in this section:
145 (i) "Indecent liberties" means:
146 (A) the actor touching another individual's genitals, anus, buttocks, pubic area, or
147 female breast;
148 (B) causing any part of an individual's body to touch the actor's or another's genitals,
149 pubic area, anus, buttocks, or female breast;
150 (C) simulating or pretending to engage in sexual intercourse with another individual,
151 including genital-genital, oral-genital, anal-genital, or oral-anal intercourse; or
152 (D) causing an individual to simulate or pretend to engage in sexual intercourse with
153 the actor or another, including genital-genital, oral-genital, anal-genital, or oral-anal
154 intercourse.
155 (ii) "Minor" means an individual who is 14 years old or older, but younger than 16
156 years old, at the time the sexual activity described in Subsection (2) occurred.
157 (b) Terms defined in Section 76-1-101.5 apply to this section.
158 (2) (a) Under circumstances not amounting to an offense listed in Subsection (4), an
159 actor commits sexual abuse of a minor if the actor:
160 (i) is four years or more older than the minor; and
161 (ii) with the intent to cause substantial emotional or bodily pain to any individual, or
162 with the intent to arouse or gratify the sexual desire of any individual:
163 (A) touches the anus, buttocks, pubic area, or any part of the genitals of the minor;
164 (B) touches the breast of a female minor; or
165 (C) otherwise takes indecent liberties with the minor.
166 (b) Any touching, even if accomplished through clothing, is sufficient to constitute the
167 relevant element of a violation of Subsection (2)(a).
168 (3) A violation of Subsection (2)(a) is:
169 (a) a class A misdemeanor; and
170 (b) not subject to registration under Subsection [
171 77-41-102(18)(a)(viii) on a first offense if the offender was younger than 21 years old at the
172 time of the offense.
173 (4) The offenses referred to in Subsection (2)(a) are:
174 (a) unlawful sexual activity with a minor, in violation of Section 76-5-401;
175 (b) rape, in violation of Section 76-5-402;
176 (c) object rape, in violation of Section 76-5-402.2;
177 (d) forcible sodomy, in violation of Section 76-5-403;
178 (e) aggravated sexual assault, in violation of Section 76-5-405; or
179 (f) an attempt to commit an offense listed in Subsections (4)(a) through (e).
180 Section 4. Section 76-5-401.3 is amended to read:
181 76-5-401.3. Unlawful adolescent sexual activity -- Penalties -- Limitations.
182 (1) (a) As used in this section, "adolescent" means an individual in the transitional
183 phase of human physical and psychological growth and development between childhood and
184 adulthood who is 12 years old or older, but younger than 18 years old.
185 (b) Terms defined in Section 76-1-101.5 apply to this section.
186 (2) Under circumstances not amounting to an offense listed in Subsection (4), an actor
187 commits unlawful sexual activity if the actor:
188 (a) is an adolescent; and
189 (b) has sexual activity with another adolescent.
190 (3) A violation of Subsection (2) is a:
191 (a) third degree felony if an actor who is 17 years old engages in unlawful adolescent
192 sexual activity with an adolescent who is 12 or 13 years old;
193 (b) third degree felony if an actor who is 16 years old engages in unlawful adolescent
194 sexual activity with an adolescent who is 12 years old;
195 (c) class A misdemeanor if an actor who is 16 years old engages in unlawful adolescent
196 sexual activity with an adolescent who is 13 years old;
197 (d) class A misdemeanor if an actor who is 14 or 15 years old engages in unlawful
198 adolescent sexual activity with an adolescent who is 12 years old;
199 (e) class B misdemeanor if an actor who is 17 years old engages in unlawful adolescent
200 sexual activity with an adolescent who is 14 years old;
201 (f) class B misdemeanor if an actor who is 15 years old engages in unlawful adolescent
202 sexual activity with an adolescent who is 13 years old;
203 (g) class C misdemeanor if an actor who is 12 or 13 years old engages in unlawful
204 adolescent sexual activity with an adolescent who is 12 or 13 years old; and
205 (h) class C misdemeanor if an actor who is 14 years old engages in unlawful adolescent
206 sexual activity with an adolescent who is 13 years old.
207 (4) The offenses referred to in Subsection (2) are:
208 (a) rape, in violation of Section 76-5-402;
209 (b) rape of a child, in violation of Section 76-5-402.1;
210 (c) object rape, in violation of Section 76-5-402.2;
211 (d) object rape of a child, in violation of Section 76-5-402.3;
212 (e) forcible sodomy, in violation of Section 76-5-403;
213 (f) sodomy on a child, in violation of Section 76-5-403.1;
214 (g) sexual abuse of a child, in violation of Section 76-5-404;
215 (h) aggravated sexual assault, in violation of Section 76-5-405;
216 (i) incest, in violation of Section 76-7-102; or
217 (j) an attempt to commit any offense listed in Subsections (4)(a) through (4)(i).
218 (5) An offense under this section is not eligible for a nonjudicial adjustment under
219 Section 80-6-304 or a referral to a youth court under Section 80-6-902.
220 (6) Except for an offense that is transferred to a district court by the juvenile court in
221 accordance with Section 80-6-504, the district court may enter any sentence or combination of
222 sentences that would have been available in juvenile court but for the delayed reporting or
223 delayed filing of the information in the district court.
224 (7) An offense under this section is not subject to registration under Subsection
225 [
226 Section 5. Section 76-9-702 is amended to read:
227 76-9-702. Lewdness.
228 (1) A person is guilty of lewdness if the person under circumstances not amounting to
229 rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, sexual
230 abuse of a minor, unlawful sexual conduct with a 16- or 17-year-old, custodial sexual relations
231 under Section 76-5-412, custodial sexual misconduct under Section 76-5-412.2, custodial
232 sexual relations with youth receiving state services under Section 76-5-413, custodial sexual
233 misconduct with youth receiving state services under Section 76-5-413.2, or an attempt to
234 commit any of these offenses, performs any of the following acts in a public place or under
235 circumstances which the person should know will likely cause affront or alarm to, on, or in the
236 presence of another who is 14 years old or older:
237 (a) an act of sexual intercourse or sodomy;
238 (b) exposes his or her genitals, the female breast below the top of the areola, the
239 buttocks, the anus, or the pubic area;
240 (c) masturbates; or
241 (d) any other act of lewdness.
242 (2) (a) A person convicted the first or second time of a violation of Subsection (1) is
243 guilty of a class B misdemeanor, except under Subsection (2)(b).
244 (b) A person convicted of a violation of Subsection (1) is guilty of a third degree felony
245 if at the time of the violation:
246 (i) the person is a sex offender as defined in Section 77-27-21.7;
247 (ii) the person has been previously convicted two or more times of violating Subsection
248 (1); or
249 (iii) the person has previously been convicted of a violation of Subsection (1) and has
250 also previously been convicted of a violation of Section 76-9-702.5.
251 (c) (i) For purposes of this Subsection (2) and Subsection [
252 77-41-102(18), a plea of guilty or nolo contendere to a charge under this section that is held in
253 abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
254 (ii) This Subsection (2)(c) also applies if the charge under this Subsection (2) has been
255 subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
256 (3) A woman's breast feeding, including breast feeding in any location where the
257 woman otherwise may rightfully be, does not under any circumstance constitute a lewd act,
258 irrespective of whether or not the breast is covered during or incidental to feeding.
259 Section 6. Section 76-9-702.1 is amended to read:
260 76-9-702.1. Sexual battery.
261 (1) A person is guilty of sexual battery if the person, under circumstances not
262 amounting to an offense under Subsection (2), intentionally touches, whether or not through
263 clothing, the anus, buttocks, or any part of the genitals of another person, or the breast of a
264 female person, and the actor's conduct is under circumstances the actor knows or should know
265 will likely cause affront or alarm to the person touched.
266 (2) Offenses referred to in Subsection (1) are:
267 (a) rape, Section 76-5-402;
268 (b) rape of a child, Section 76-5-402.1;
269 (c) object rape, Section 76-5-402.2;
270 (d) object rape of a child, Section 76-5-402.3;
271 (e) forcible sodomy, Subsection 76-5-403(2);
272 (f) sodomy on a child, Section 76-5-403.1;
273 (g) forcible sexual abuse, Section 76-5-404;
274 (h) sexual abuse of a child, Section 76-5-404.1;
275 (i) aggravated sexual abuse of a child, Section 76-5-404.3;
276 (j) aggravated sexual assault, Section 76-5-405; and
277 (k) an attempt to commit any offense under this Subsection (2).
278 (3) Sexual battery is a class A misdemeanor.
279 (4) (a) For purposes of Subsection [
280 or nolo contendere to a charge under this section that is held in abeyance under Title 77,
281 Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction.
282 (b) This Subsection (4) also applies if the charge under this section has been
283 subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
284 Section 7. Section 77-41-102 is amended to read:
285 77-41-102. Definitions.
286 As used in this chapter:
287 (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
288 Safety established in section 53-10-201.
289 (2) "Business day" means a day on which state offices are open for regular business.
290 (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
291 Identification showing that the offender has met the requirements of Section 77-41-112.
292 (4) (a) "Convicted" means a plea or conviction of:
293 (i) guilty;
294 (ii) guilty with a mental illness; or
295 (iii) no contest.
296 (b) "Convicted" includes, unless otherwise specified, the period a plea is held in
297 abeyance pursuant to a plea in abeyance agreement as defined in Section 77-2a-1.
298 (c) "Convicted" does not include:
299 (i) a withdrawn or dismissed plea in abeyance;
300 (ii) a diversion agreement; or
301 (iii) an adjudication of a minor for an offense under Section 80-6-701.
302 [
303 [
304 [
305 or part time, whether financially compensated, volunteered, or for the purpose of government
306 or educational benefit.
307 [
308 (a) all land within the limits of any Indian reservation under the jurisdiction of the
309 United States government, regardless of the issuance of any patent, and includes rights-of-way
310 running through the reservation;
311 (b) all dependent Indian communities within the borders of the United States whether
312 within the original or subsequently acquired territory, and whether or not within the limits of a
313 state; and
314 (c) all Indian allotments, including the Indian allotments to which the Indian titles have
315 not been extinguished, including rights-of-way running through the allotments.
316 [
317 property under the jurisdiction of the United States military, Canada, the United Kingdom,
318 Australia, or New Zealand.
319 [
320 victim:
321 (a) who has been convicted in this state of a violation of:
322 (i) Subsection 76-5-301(2)(c) or (d), kidnapping;
323 (ii) Section 76-5-301.1, child kidnapping;
324 (iii) Section 76-5-302, aggravated kidnapping;
325 (iv) Section 76-5-308, human trafficking for labor;
326 (v) Section 76-5-308.3, human smuggling;
327 (vi) Section 76-5-308, human smuggling, when the individual smuggled is under 18
328 years old;
329 (vii) Section 76-5-308.5, human trafficking of a child for labor;
330 (viii) Section 76-5-310, aggravated human trafficking;
331 (ix) Section 76-5-310.1, aggravated human smuggling;
332 (x) Section 76-5-311, human trafficking of a vulnerable adult for labor; or
333 (xi) attempting, soliciting, or conspiring to commit any felony offense listed in
334 Subsections [
335 (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
336 to commit a crime in another jurisdiction, including any state, federal, or military court that is
337 substantially equivalent to the offenses listed in Subsection [
338 (ii) who is:
339 (A) a Utah resident; or
340 (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
341 10 or more days, regardless of whether or not the offender intends to permanently reside in this
342 state;
343 (c) (i) (A) who is required to register as a kidnap offender in any other jurisdiction of
344 original conviction;
345 (B) who is required to register as a kidnap offender by any state, federal, or military
346 court; or
347 (C) who would be required to register as a kidnap offender if residing in the
348 jurisdiction of the conviction regardless of the date of the conviction or any previous
349 registration requirements; and
350 (ii) in any 12-month period, who is in this state for a total of 10 or more days,
351 regardless of whether or not the offender intends to permanently reside in this state;
352 (d) (i) (A) who is a nonresident regularly employed or working in this state; or
353 (B) who is a student in this state; and
354 (ii) (A) who was convicted of one or more offenses listed in Subsection [
355 any substantially equivalent offense in another jurisdiction; or
356 (B) as a result of the conviction, who is required to register in the individual's state of
357 residence;
358 (e) who is found not guilty by reason of insanity in this state or in any other jurisdiction
359 of one or more offenses listed in Subsection [
360 (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
361 Subsection [
362 (ii) who has been committed to the division for secure care, as defined in Section
363 80-1-102, for that offense [
364 (A) the individual remains in the division's custody until 30 days before the individual's
365 21st birthday; [
366 (B) [
367 under Section 80-6-605[
368 before the individual's 25th birthday; or
369 (C) the individual is moved from the division's custody to the custody of the
370 department before expiration of the division's jurisdiction over the individual.
371 [
372 includes the minor's noncustodial parent.
373 [
374 sex offender as defined in Subsection [
375 [
376 (a) means any electronic mail, chat, instant messenger, social networking, or similar
377 name used for Internet communication; and
378 (b) does not include date of birth, social security number, PIN number, or Internet
379 passwords.
380 [
381 resides, even if the offender intends to move to another location or return to another location at
382 any future date.
383 [
384 administrative rules of the department made under this chapter.
385 [
386 and Registration website described in Section 77-41-110 and the information on the website.
387 [
388 has a financial interest in, or any location where, in any 12-month period, the offender stays
389 overnight a total of 10 or more nights when not staying at the offender's primary residence.
390 [
391 (a) convicted in this state of:
392 (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
393 (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult;
394 (iii) Section 76-5-308.1, human trafficking for sexual exploitation;
395 (iv) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
396 (v) Section 76-5-310, aggravated human trafficking for sexual exploitation;
397 (vi) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
398 (vii) Section 76-5-401, unlawful sexual activity with a minor, except as provided in
399 Subsection 76-5-401(3)(b) or (c);
400 (viii) Section 76-5-401.1, sexual abuse of a minor, except as provided in Subsection
401 76-5-401.1(3);
402 (ix) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
403 (x) Section 76-5-402, rape;
404 (xi) Section 76-5-402.1, rape of a child;
405 (xii) Section 76-5-402.2, object rape;
406 (xiii) Section 76-5-402.3, object rape of a child;
407 (xiv) a felony violation of Section 76-5-403, forcible sodomy;
408 (xv) Section 76-5-403.1, sodomy on a child;
409 (xvi) Section 76-5-404, forcible sexual abuse;
410 (xvii) Section 76-5-404.1, sexual abuse of a child, or Section 76-5-404.3, aggravated
411 sexual abuse of a child;
412 (xviii) Section 76-5-405, aggravated sexual assault;
413 (xix) Section 76-5-412, custodial sexual relations, when the individual in custody is
414 younger than 18 years old, if the offense is committed on or after May 10, 2011;
415 (xx) Section 76-5b-201, sexual exploitation of a minor;
416 (xxi) Section 76-5b-201.1, aggravated sexual exploitation of a minor;
417 (xxii) Section 76-5b-204, sexual extortion or aggravated sexual extortion;
418 (xxiii) Section 76-7-102, incest;
419 (xxiv) Section 76-9-702, lewdness, if the individual has been convicted of the offense
420 four or more times;
421 (xxv) Section 76-9-702.1, sexual battery, if the individual has been convicted of the
422 offense four or more times;
423 (xxvi) any combination of convictions of Section 76-9-702, lewdness, and of Section
424 76-9-702.1, sexual battery, that total four or more convictions;
425 (xxvii) Section 76-9-702.5, lewdness involving a child;
426 (xxviii) a felony or class A misdemeanor violation of Section 76-9-702.7, voyeurism;
427 (xxix) Section 76-10-1306, aggravated exploitation of prostitution; or
428 (xxx) attempting, soliciting, or conspiring to commit any felony offense listed in this
429 Subsection [
430 (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
431 to commit a crime in another jurisdiction, including any state, federal, or military court that is
432 substantially equivalent to the offenses listed in Subsection [
433 (ii) who is:
434 (A) a Utah resident; or
435 (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
436 10 or more days, regardless of whether the offender intends to permanently reside in this state;
437 (c) (i) (A) who is required to register as a sex offender in any other jurisdiction of
438 original conviction;
439 (B) who is required to register as a sex offender by any state, federal, or military court;
440 or
441 (C) who would be required to register as a sex offender if residing in the jurisdiction of
442 the original conviction regardless of the date of the conviction or any previous registration
443 requirements; and
444 (ii) who, in any 12-month period, is in the state for a total of 10 or more days,
445 regardless of whether or not the offender intends to permanently reside in this state;
446 (d) (i) (A) who is a nonresident regularly employed or working in this state; or
447 (B) who is a student in this state; and
448 (ii) (A) who was convicted of one or more offenses listed in Subsection [
449 (18)(a), or any substantially equivalent offense in any jurisdiction; or
450 (B) who is, as a result of the conviction, required to register in the individual's
451 jurisdiction of residence;
452 (e) who is found not guilty by reason of insanity in this state, or in any other
453 jurisdiction of one or more offenses listed in Subsection [
454 (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
455 Subsection [
456 (ii) who has been committed to the division for secure care, as defined in Section
457 80-1-102, for that offense [
458 (A) the individual remains in the division's custody until 30 days before the individual's
459 21st birthday; [
460 (B) [
461 under Section 80-6-605[
462 before the individual's 25th birthday[
463 (C) the individual is moved from the division's custody to the custody of the
464 department before expiration of the division's jurisdiction over the individual.
465 [
466 Driving Under the Influence and Reckless Driving.
467 [
468 registration in any jurisdiction.
469 Section 8. Section 77-41-103 is amended to read:
470 77-41-103. Department duties.
471 (1) The department, to assist in investigating kidnapping and sex-related crimes, and in
472 apprehending offenders, shall:
473 (a) develop and operate a system to collect, analyze, maintain, and disseminate
474 information on offenders and sex and kidnap offenses;
475 (b) make information listed in Subsection 77-41-110(4) available to the public; and
476 (c) share information provided by an offender under this chapter that may not be made
477 available to the public under Subsection 77-41-110(4), but only:
478 (i) for the purposes under this chapter; or
479 (ii) in accordance with Section 63G-2-206.
480 (2) Any law enforcement agency shall, in the manner prescribed by the department,
481 inform the department of:
482 (a) the receipt of a report or complaint of an offense listed in Subsection [
483
484 (b) the arrest of a person suspected of any of the offenses listed in Subsection
485 [
486 (3) Upon convicting a person of any of the offenses listed in Subsection [
487
488 signed copy of the judgment and sentence to the Sex and Kidnap Offender Registry office
489 within the Department of Corrections.
490 (4) Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a
491 conviction for any offense listed in Subsection [
492 the court shall, within three business days, forward a signed copy of the order to the Sex and
493 Kidnap Offender Registry office within the Department of Corrections.
494 (5) The department may intervene in any matter, including a criminal action, where the
495 matter purports to affect a person's lawfully entered registration requirement.
496 (6) The department shall:
497 (a) provide the following additional information when available:
498 (i) the crimes the offender has been convicted of or adjudicated delinquent for;
499 (ii) a description of the offender's primary and secondary targets; and
500 (iii) any other relevant identifying information as determined by the department;
501 (b) maintain the Sex Offender and Kidnap Offender Notification and Registration
502 website; and
503 (c) ensure that the registration information collected regarding an offender's enrollment
504 or employment at an educational institution is:
505 (i) (A) promptly made available to any law enforcement agency that has jurisdiction
506 where the institution is located if the educational institution is an institution of higher
507 education; or
508 (B) promptly made available to the district superintendent of the school district where
509 the offender is employed if the educational institution is an institution of primary education;
510 and
511 (ii) entered into the appropriate state records or data system.
512 Section 9. Section 77-41-105 is amended to read:
513 77-41-105. Registration of offenders -- Offender responsibilities.
514 (1) (a) An offender who enters this state from another jurisdiction is required to register
515 under Subsection (3) and Subsection [
516 (b) The offender shall register with the department within 10 days after the day on
517 which the offender enters the state, regardless of the offender's length of stay.
518 (2) (a) An offender required to register under Subsection [
519 77-41-102(10) or (18) who is under supervision by the department shall register in person with
520 Division of Adult Probation and Parole.
521 (b) An offender required to register under Subsection [
522 77-41-102(10) or (18) who is no longer under supervision by the department shall register in
523 person with the police department or sheriff's office that has jurisdiction over the area where
524 the offender resides.
525 (3) (a) Except as provided in Subsections (3)(b), (c), and (4), an offender shall, for the
526 duration of the sentence and for 10 years after termination of sentence or custody of the
527 division, register each year during the month of the offender's date of birth, during the month
528 that is the sixth month after the offender's birth month, and within three business days after the
529 day on which there is a change of the offender's primary residence, any secondary residences,
530 place of employment, vehicle information, or educational information required to be submitted
531 under Subsection (7).
532 (b) Except as provided in Subsections (3)(c)(iii), (4), and (5), an offender who is
533 convicted in another jurisdiction of an offense listed in Subsection [
534 77-41-102(10)(a) or (18)(a), a substantially similar offense, another offense that requires
535 registration in the jurisdiction of conviction, or an offender who is ordered by a court of
536 another jurisdiction to register as an offender shall:
537 (i) register for the time period, and in the frequency, required by the jurisdiction where
538 the offender was convicted or ordered to register if:
539 (A) that jurisdiction's registration period or registration frequency requirement for the
540 offense that the offender was convicted of is greater than the registration period required under
541 Subsection (3)(a), or is more frequent than every six months; or
542 (B) that jurisdiction's court order requires registration for greater than the registration
543 period required under Subsection (3)(a) or more frequently than every six months; or
544 (ii) register in accordance with the requirements of Subsection (3)(a), if the
545 jurisdiction's registration period or frequency requirement for the offense that the offender was
546 convicted of is less than the registration period required under Subsection (3)(a), or is less
547 frequent than every six months.
548 (c) (i) An offender convicted as an adult of an offense listed in Section 77-41-106
549 shall, for the offender's lifetime, register each year during the month of the offender's birth,
550 during the month that is the sixth month after the offender's birth month, and also within three
551 business days after the day on which there is a change of the offender's primary residence, any
552 secondary residences, place of employment, vehicle information, or educational information
553 required to be submitted under Subsection (7).
554 (ii) Except as provided in Subsection (3)(c)(iii), the registration requirement described
555 in Subsection (3)(c)(i) is not subject to exemptions and may not be terminated or altered during
556 the offender's lifetime, unless a petition is granted under Section 77-41-112.
557 (iii) (A) If the sentencing court at any time after conviction determines that the offense
558 does not involve force or coercion, lifetime registration under Subsection (3)(c)(i) does not
559 apply to an offender who commits the offense when the offender is under 21 years of age.
560 (B) For an offense listed in Section 77-41-106, an offender who commits the offense
561 when the offender is under 21 years of age shall register for the registration period required
562 under Subsection (3)(a), unless a petition is granted under Section 77-41-112.
563 (d) For the purpose of establishing venue for a violation of this Subsection (3), the
564 violation is considered to be committed:
565 (i) at the most recent registered primary residence of the offender or at the location of
566 the offender, if the actual location of the offender at the time of the violation is not known; or
567 (ii) at the location of the offender at the time the offender is apprehended.
568 (4) Notwithstanding Subsection (3) and Section 77-41-106, an offender who is
569 confined in a secure facility or in a state mental hospital is not required to register during the
570 period of confinement.
571 (5) (a) Except as provided in Subsection (5)(b), in the case of an offender adjudicated
572 in another jurisdiction as a juvenile and required to register under this chapter, the offender
573 shall register in the time period and in the frequency consistent with the requirements of
574 Subsection (3).
575 (b) If the jurisdiction of the offender's adjudication does not publish the offender's
576 information on a public website, the department shall maintain, but not publish the offender's
577 information on the registration website.
578 (6) A sex offender who violates Section 77-27-21.8 regarding being in the presence of
579 a child while required to register under this chapter shall register for an additional five years
580 subsequent to the registration period otherwise required under this chapter.
581 (7) An offender shall provide the department or the registering entity with the
582 following information:
583 (a) all names and aliases by which the offender is or has been known;
584 (b) the addresses of the offender's primary and secondary residences;
585 (c) a physical description, including the offender's date of birth, height, weight, eye and
586 hair color;
587 (d) the make, model, color, year, plate number, and vehicle identification number of a
588 vehicle or vehicles the offender owns or [
589 (e) a current photograph of the offender;
590 (f) a set of fingerprints, if one has not already been provided;
591 (g) a DNA specimen, taken in accordance with Section 53-10-404, if one has not
592 already been provided;
593 (h) telephone numbers and any other designations used by the offender for routing or
594 self-identification in telephonic communications from fixed locations or cellular telephones;
595 (i) Internet identifiers and the addresses the offender uses for routing or
596 self-identification in Internet communications or postings;
597 (j) the name and Internet address of all websites on which the offender is registered
598 using an online identifier, including all online identifiers used to access those websites;
599 (k) a copy of the offender's passport, if a passport has been issued to the offender;
600 (l) if the offender is an alien, all documents establishing the offender's immigration
601 status;
602 (m) all professional licenses that authorize the offender to engage in an occupation or
603 carry out a trade or business, including any identifiers, such as numbers;
604 (n) each educational institution in Utah at which the offender is employed, carries on a
605 vocation, or is a student, and a change of enrollment or employment status of the offender at an
606 educational institution;
607 (o) the name, the telephone number, and the address of a place where the offender is
608 employed or will be employed;
609 (p) the name, the telephone number, and the address of a place where the offender
610 works as a volunteer or will work as a volunteer; and
611 (q) the offender's social security number.
612 (8) (a) An offender may change the offender's name in accordance with Title 42,
613 Chapter 1, Change of Name, if the name change is not contrary to the interests of the public.
614 (b) Notwithstanding Section 42-1-2, an offender shall provide notice to the department
615 at least 30 days before the day on which the hearing for the name change is held.
616 (c) The court shall provide a copy of the order granting the offender's name change to
617 the department within 10 days after the day on which the court issues the order.
618 (d) If the court orders an offender's name changed, the department shall publish on the
619 registration website the offender's former name, and the offender's changed name as an alias.
620 (9) Notwithstanding Subsections (7)(i) and (j) and 77-41-103(1)(c), an offender is not
621 required to provide the department with:
622 (a) the offender's online identifier and password used exclusively for the offender's
623 employment on equipment provided by an employer and used to access the employer's private
624 network; or
625 (b) online identifiers for the offender's financial accounts, including a bank, retirement,
626 or investment account.
627 Section 10. Section 77-41-106 is amended to read:
628 77-41-106. Offenses requiring lifetime registration.
629 Offenses referred to in Subsection 77-41-105(3)(c)(i) are:
630 (1) any offense listed in Subsection [
631 the time of the conviction, the offender has previously been convicted of an offense listed in
632 Subsection [
633 register as a sex offender for an offense committed as a juvenile;
634 (2) a conviction for any of the following offenses, including attempting, soliciting, or
635 conspiring to commit any felony of:
636 (a) Section 76-5-301.1, child kidnapping, except if the offender is a natural parent of
637 the victim;
638 (b) Section 76-5-402, rape;
639 (c) Section 76-5-402.1, rape of a child;
640 (d) Section 76-5-402.2, object rape;
641 (e) Section 76-5-402.3, object rape of a child;
642 (f) Section 76-5-403.1, sodomy on a child;
643 (g) Section 76-5-404.3, aggravated sexual abuse of a child; or
644 (h) Section 76-5-405, aggravated sexual assault;
645 (3) Section 76-5-308.1, human trafficking for sexual exploitation;
646 (4) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
647 (5) Section 76-5-310, aggravated human trafficking for sexual exploitation;
648 (6) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
649 (7) Section 76-4-401, a felony violation of enticing a minor over the Internet;
650 (8) Section 76-5-302, aggravated kidnapping, except if the offender is a natural parent
651 of the victim;
652 (9) Section 76-5-403, forcible sodomy;
653 (10) Section 76-5-404.1, sexual abuse of a child;
654 (11) Section 76-5b-201, sexual exploitation of a minor;
655 (12) Section 76-5b-201.1, aggravated sexual exploitation of a minor;
656 (13) Subsection 76-5b-204(2)(b), aggravated sexual extortion; or
657 (14) Section 76-10-1306, aggravated exploitation of prostitution, on or after May 10,
658 2011.
659 Section 11. Section 77-41-107 is amended to read:
660 77-41-107. Penalties.
661 (1) An offender who knowingly fails to register under this chapter or provides false or
662 incomplete information is guilty of:
663 (a) a third degree felony and shall be sentenced to serve a term of incarceration for not
664 less than 30 days and also at least one year of probation if:
665 (i) the offender is required to register for a felony conviction or adjudicated delinquent
666 for what would be a felony if the juvenile were an adult of an offense listed in Subsection
667 [
668 (ii) the offender is required to register for the offender's lifetime under Subsection
669 77-41-105(3)(c); or
670 (b) a class A misdemeanor and shall be sentenced to serve a term of incarceration for
671 not fewer than 30 days and also at least one year of probation if the offender is required to
672 register for a misdemeanor conviction or is adjudicated delinquent for what would be a
673 misdemeanor if the juvenile were an adult of an offense listed in Subsection [
674
675 (2) (a) Neither the court nor the Board of Pardons and Parole may release an individual
676 who violates this chapter from serving the term required under Subsection (1).
677 (b) This Subsection (2) supersedes any other provision of the law contrary to this
678 chapter.
679 (3) The offender shall register for an additional year for every year in which the
680 offender does not comply with the registration requirements of this chapter.
681 Section 12. Section 77-41-109 is amended to read:
682 77-41-109. Miscellaneous provisions.
683 (1) (a) If an offender is to be temporarily sent on any assignment outside a secure
684 facility in which the offender is confined on any assignment, including, without limitation,
685 firefighting or disaster control, the official who has custody of the offender shall, within a
686 reasonable time prior to removal from the secure facility, notify the local law enforcement
687 agencies where the assignment is to be filled.
688 (b) This Subsection (1) does not apply to any person temporarily released under guard
689 from the institution in which the person is confined.
690 (2) Notwithstanding Title 77, Chapter 40a, Expungement, a person convicted of any
691 offense listed in Subsection [
692 the responsibility to register as required under this section, unless the offender is removed from
693 the registry under Section 77-41-112 or Section 77-41-113.
694 Section 13. Section 77-41-110 is amended to read:
695 77-41-110. Sex offender and kidnap offender registry -- Department to maintain.
696 (1) The department shall maintain a Sex Offender and Kidnap Offender Notification
697 and Registration website on the Internet, which shall contain a disclaimer informing the public:
698 (a) the information contained on the site is obtained from offenders and the department
699 does not guarantee its accuracy or completeness;
700 (b) members of the public are not allowed to use the information to harass or threaten
701 offenders or members of their families; and
702 (c) harassment, stalking, or threats against offenders or their families are prohibited and
703 doing so may violate Utah criminal laws.
704 (2) The Sex Offender and Kidnap Offender Notification and Registration website shall
705 be indexed by both the surname of the offender and by postal codes.
706 (3) The department shall construct the Sex Offender Notification and Registration
707 website so that users, before accessing registry information, must indicate that they have read
708 the disclaimer, understand it, and agree to comply with its terms.
709 (4) Except as provided in Subsection (5), the Sex Offender and Kidnap Offender
710 Notification and Registration website shall include the following registry information:
711 (a) all names and aliases by which the offender is or has been known, but not including
712 any online or Internet identifiers;
713 (b) the addresses of the offender's primary, secondary, and temporary residences;
714 (c) a physical description, including the offender's date of birth, height, weight, and eye
715 and hair color;
716 (d) the make, model, color, year, and plate number of any vehicle or vehicles the
717 offender owns or regularly drives;
718 (e) a current photograph of the offender;
719 (f) a list of all professional licenses that authorize the offender to engage in an
720 occupation or carry out a trade or business;
721 (g) each educational institution in Utah at which the offender is employed, carries on a
722 vocation, or is a student;
723 (h) a list of places where the offender works as a volunteer; and
724 (i) the crimes listed in Subsections [
725 that the offender has been convicted of or for which the offender has been adjudicated
726 delinquent in juvenile court.
727 (5) The department, its personnel, and any individual or entity acting at the request or
728 upon the direction of the department are immune from civil liability for damages for good faith
729 compliance with this chapter and will be presumed to have acted in good faith by reporting
730 information.
731 (6) The department shall redact information that, if disclosed, could reasonably identify
732 a victim.
733 Section 14. Section 77-41-113 is amended to read:
734 77-41-113. Removal for offenses or convictions for which registration is no longer
735 required.
736 (1) The department shall automatically remove an individual who is currently on the
737 Sex and Kidnap Offender Registry because of a conviction if:
738 (a) the only offense or offenses for which the individual is on the registry are listed in
739 Subsection (2); or
740 (b) the department receives a formal notification or order from the court or the Board
741 of Pardons and Parole that the conviction for the offense or offenses for which the individual is
742 on the registry have been reversed, vacated, or pardoned.
743 (2) The offenses described in Subsection (1)(a) are:
744 (a) a class B or class C misdemeanor for enticing a minor, Section 76-4-401;
745 (b) kidnapping, based upon Subsection 76-5-301(2)(a) or (b);
746 (c) child kidnapping, Section 76-5-301.1, if the offender was the natural parent of the
747 child victim;
748 (d) unlawful detention, Section 76-5-304;
749 (e) a third degree felony for unlawful sexual intercourse before 1986, or a class B
750 misdemeanor for unlawful sexual intercourse, Section 76-5-401; or
751 (f) sodomy, but not forcible sodomy, Section 76-5-403[
752 [
753
754 (3) (a) The department shall notify an individual who has been removed from the
755 registry in accordance with Subsection (1).
756 (b) The notice described in Subsection (3)(a) shall include a statement that the
757 individual is no longer required to register as a sex offender.
758 (4) An individual who is currently on the Sex and Kidnap Offender Registry may
759 submit a request to the department to be removed from the registry if the individual believes
760 that the individual qualifies for removal under this section.
761 (5) The department, upon receipt of a request for removal from the registry shall:
762 (a) check the registry for the individual's current status;
763 (b) determine whether the individual qualifies for removal based upon this section; and
764 (c) notify the individual in writing of the department's determination and whether the
765 individual:
766 (i) qualifies for removal from the registry; or
767 (ii) does not qualify for removal.
768 (6) If the department determines that the individual qualifies for removal from the
769 registry, the department shall remove the offender from the registry.
770 (7) If the department determines that the individual does not qualify for removal from
771 the registry, the department shall provide an explanation in writing for the department's
772 determination. The department's determination is final and not subject to administrative review.
773 (8) Neither the department nor any employee may be civilly liable for a determination
774 made in good faith in accordance with this section.
775 (9) The department shall provide a response to a request for removal within 30 days of
776 receipt of the request. If the response cannot be provided within 30 days, the department shall
777 notify the individual that the response may be delayed up to 30 additional days.
778 Section 15. Section 77-41-114 is enacted to read:
779 77-41-114. Registration for individuals under 18 years old at the time of the
780 offense.
781 (1) Except for an offender who is subject to lifetime registration under Subsection
782 77-41-106(1), the department shall, if the offender was under 18 years old at the time of the
783 offense, maintain, but not publish, the offender's information on the registration website for an
784 offense listed in Subsection 77-41-102(10)(a), (e), or (f) or 77-41-102(18)(a), (e), or (f).
785 (2) (a) If, based on the information provided to the department by the sentencing court,
786 prosecuting entity, offender, or offender's counsel, the department cannot determine if the
787 offender is eligible for an exemption to publication on the registration website as described in
788 Subsection (1), the department shall continue to publish the offender's information on the
789 registration website.
790 (b) Information may be provided to the department at any time in order to clarify the
791 offender's age at the time of the offense.
792 (c) This section does not prohibit the department from seeking or receiving information
793 from individuals or entities other than those identified in Subsection (2)(a).
794 (3) This section applies to offenders with a registration requirement on or after May 3,
795 2023, regardless of when the offender was first required to register.
796 (4) An offender convicted after May 3, 2023, of an offense committed when the
797 individual was under 18 years old, is not subject to registration requirements under this chapter
798 unless the offender:
799 (a) is charged by criminal information in juvenile court under Section 80-6-503;
800 (b) is bound over to district court in accordance with Section 80-6-504; and
801 (c) is convicted of a qualifying offense described in Subsection 77-41-102(10)(a) or
802 77-41-102(18)(a).
803 Section 16. Section 78B-8-302 is amended to read:
804 78B-8-302. Process servers.
805 (1) Complaints, summonses, and subpoenas may be served by a person who is:
806 (a) 18 years [
807 (b) not a party to the action or a party's attorney.
808 (2) Except as provided in Subsection (5), the following may serve all process issued by
809 the courts of this state:
810 (a) a peace officer employed by a political subdivision of the state acting within the
811 scope and jurisdiction of the peace officer's employment;
812 (b) a sheriff or appointed deputy sheriff employed by a county of the state;
813 (c) a constable, or the constable's deputy, serving in compliance with applicable law;
814 (d) an investigator employed by the state and authorized by law to serve civil process;
815 and
816 (e) a private investigator licensed in accordance with Title 53, Chapter 9, Private
817 Investigator Regulation Act.
818 (3) A private investigator licensed in accordance with Title 53, Chapter 9, Private
819 Investigator Regulation Act, may not make an arrest pursuant to a bench warrant.
820 (4) While serving process, a private investigator shall:
821 (a) have on the investigator's person a visible form of credentials and identification
822 identifying:
823 (i) the investigator's name;
824 (ii) that the investigator is a licensed private investigator; and
825 (iii) the name and address of the agency employing the investigator or, if the
826 investigator is self-employed, the address of the investigator's place of business;
827 (b) verbally communicate to the person being served that the investigator is acting as a
828 process server; and
829 (c) print on the first page of each document served:
830 (i) the investigator's name and identification number as a private investigator; and
831 (ii) the address and phone number for the investigator's place of business.
832 (5) Any service under this section when the use of force is authorized on the face of the
833 document, or when a breach of the peace is imminent or likely under the totality of the
834 circumstances, may only be served by:
835 (a) a law enforcement officer, as defined in Section 53-13-103; or
836 (b) a constable, as listed in Subsection 53-13-105(1)(b)(ii).
837 (6) The following may not serve process issued by a court:
838 (a) a person convicted of a felony violation of an offense listed in Subsection
839 [
840 (b) a person who is a respondent in a proceeding described in Title 78B, Chapter 7,
841 Protective Orders and Stalking Injunctions, in which a court has granted the petitioner a
842 protective order.
843 (7) A person serving process shall:
844 (a) legibly document the date and time of service on the front page of the document
845 being served;
846 (b) legibly print the process server's name, address, and telephone number on the return
847 of service;
848 (c) sign the return of service in substantial compliance with Title 78B, Chapter 18a,
849 Uniform Unsworn Declarations Act;
850 (d) if the process server is a peace officer, sheriff, or deputy sheriff, legibly print the
851 badge number of the process server on the return of service; and
852 (e) if the process server is a private investigator, legibly print the private investigator's
853 identification number on the return of service.
854 Section 17. Section 80-5-201 is amended to read:
855 80-5-201. Division responsibilities.
856 (1) The division is responsible for all minors committed to the division by juvenile
857 courts under Sections 80-6-703 and 80-6-705.
858 (2) The division shall:
859 (a) establish and administer a continuum of community, secure, and nonsecure
860 programs for all minors committed to the division;
861 (b) establish and maintain all detention and secure care facilities and set minimum
862 standards for all detention and secure care facilities;
863 (c) establish and operate prevention and early intervention youth services programs for
864 nonadjudicated minors placed with the division;
865 (d) establish observation and assessment programs necessary to serve minors in a
866 nonresidential setting under Subsection 80-6-706(1);
867 (e) place minors committed to the division under Section 80-6-703 in the most
868 appropriate program for supervision and treatment;
869 (f) employ staff necessary to:
870 (i) supervise and control minors committed to the division for secure care or placement
871 in the community;
872 (ii) supervise and coordinate treatment of minors committed to the division for
873 placement in community-based programs; and
874 (iii) control and supervise adjudicated and nonadjudicated minors placed with the
875 division for temporary services in juvenile receiving centers, youth services, and other
876 programs established by the division;
877 (g) control or detain a minor committed to the division, or in the temporary custody of
878 the division, in a manner that is consistent with public safety and rules made by the division;
879 (h) establish and operate work programs for minors committed to the division by the
880 juvenile court that:
881 (i) are not residential;
882 (ii) provide labor to help in the operation, repair, and maintenance of public facilities,
883 parks, highways, and other programs designated by the division;
884 (iii) provide educational and prevocational programs in cooperation with the State
885 Board of Education for minors placed in the program; and
886 (iv) provide counseling to minors;
887 (i) establish minimum standards for the operation of all private residential and
888 nonresidential rehabilitation facilities that provide services to minors who have committed an
889 offense in this state or in any other state;
890 (j) provide regular training for secure care staff, detention staff, case management staff,
891 and staff of the community-based programs;
892 (k) designate employees to obtain the saliva DNA specimens required under Section
893 53-10-403;
894 (l) ensure that the designated employees receive appropriate training and that the
895 specimens are obtained in accordance with accepted protocol;
896 (m) register an individual with the Department of Corrections who:
897 (i) is adjudicated for an offense listed in Subsection [
898 77-41-102(18)(a) or 77-43-102(2);
899 (ii) is committed to the division for secure care; and
900 (iii) (A) if the individual is a youth offender, remains in the division's custody 30 days
901 before the individual's 21st birthday; or
902 (B) if the individual is a serious youth offender, remains in the division's custody 30
903 days before the individual's 25th birthday; and
904 (n) ensure that a program delivered to a minor under this section is an evidence-based
905 program in accordance with Section 63M-7-208.
906 (3) (a) The division is authorized to employ special function officers, as defined in
907 Section 53-13-105, to:
908 (i) locate and apprehend minors who have absconded from division custody;
909 (ii) transport minors taken into custody in accordance with division policy;
910 (iii) investigate cases; and
911 (iv) carry out other duties as assigned by the division.
912 (b) A special function officer may be:
913 (i) employed through a contract with the Department of Public Safety, or any law
914 enforcement agency certified by the Peace Officer Standards and Training Division; or
915 (ii) directly hired by the division.
916 (4) In the event of an unauthorized leave from secure care, detention, a
917 community-based program, a juvenile receiving center, a home, or any other designated
918 placement of a minor, a division employee has the authority and duty to locate and apprehend
919 the minor, or to initiate action with a local law enforcement agency for assistance.
920 (5) The division may proceed with an initial medical screening or assessment of a child
921 admitted to a detention facility to ensure the safety of the child and others in the detention
922 facility if the division makes a good faith effort to obtain consent for the screening or
923 assessment from the child's parent or guardian.