1     
SEX AND KIDNAP OFFENDER REGISTRY AND CHILD

2     
ABUSE OFFENDER REGISTRY ADMINISTRATION

3     
AMENDMENTS

4     
2023 GENERAL SESSION

5     
STATE OF UTAH

6     
Chief Sponsor: Andrew Stoddard

7     
Senate Sponsor: Stephanie Pitcher

8     Cosponsor:
9     Ryan D. Wilcox


10     

11     LONG TITLE
12     General Description:
13          This bill addresses the administration of the Sex and Kidnap Offender Registry and the
14     Child Abuse Offender Registry.
15     Highlighted Provisions:
16          This bill:
17          ▸     moves the administration of the Sex and Kidnap Registry and the Child Abuse
18     Offender Registry from the Department of Corrections to the Department of Public
19     Safety; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:
26     AMENDS:
27          77-41-102, as last amended by Laws of Utah 2022, Chapters 185, 430

28          77-41-103, as last amended by Laws of Utah 2018, Chapter 281
29          77-41-104, as last amended by Laws of Utah 2019, Chapter 382
30          77-41-111, as enacted by Laws of Utah 2012, Chapter 145
31          77-41-112, as last amended by Laws of Utah 2021, Chapters 262, 334 and 410 and last
32     amended by Coordination Clause, Laws of Utah 2021, Chapter 334
33          77-43-102, as last amended by Laws of Utah 2022, Chapter 430
34          77-43-104, as enacted by Laws of Utah 2017, Chapter 282
35          77-43-109, as enacted by Laws of Utah 2017, Chapter 282
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 77-41-102 is amended to read:
39          77-41-102. Definitions.
40          As used in this chapter:
41          (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
42     Safety established in section 53-10-201.
43          (2) "Business day" means a day on which state offices are open for regular business.
44          (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
45     Identification showing that the offender has met the requirements of Section 77-41-112.
46          (4) "Department" means the Department of [Corrections] Public Safety.
47          (5) "Division" means the Division of Juvenile Justice Services.
48          (6) "Employed" or "carries on a vocation" includes employment that is full time or part
49     time, whether financially compensated, volunteered, or for the purpose of government or
50     educational benefit.
51          (7) "Indian Country" means:
52          (a) all land within the limits of any Indian reservation under the jurisdiction of the
53     United States government, regardless of the issuance of any patent, and includes rights-of-way
54     running through the reservation;

55          (b) all dependent Indian communities within the borders of the United States whether
56     within the original or subsequently acquired territory, and whether or not within the limits of a
57     state; and
58          (c) all Indian allotments, including the Indian allotments to which the Indian titles have
59     not been extinguished, including rights-of-way running through the allotments.
60          (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
61     property under the jurisdiction of the United States military, Canada, the United Kingdom,
62     Australia, or New Zealand.
63          (9) "Kidnap offender" means any individual, other than a natural parent of the victim:
64          (a) who has been convicted in this state of a violation of:
65          (i) Subsection 76-5-301(2)(c) or (d), kidnapping;
66          (ii) Section 76-5-301.1, child kidnapping;
67          (iii) Section 76-5-302, aggravated kidnapping;
68          (iv) Section 76-5-308, human trafficking for labor;
69          (v) Section 76-5-308.3, human smuggling;
70          (vi) Section 76-5-308, human smuggling, when the individual smuggled is under 18
71     years old;
72          (vii) Section 76-5-308.5, human trafficking of a child for labor;
73          (viii) Section 76-5-310, aggravated human trafficking;
74          (ix) Section 76-5-310.1, aggravated human smuggling;
75          (x) Section 76-5-311, human trafficking of a vulnerable adult for labor; or
76          (xi) attempting, soliciting, or conspiring to commit any felony offense listed in
77     Subsections (9)(a)(i) through (iii);
78          (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
79     to commit a crime in another jurisdiction, including any state, federal, or military court that is
80     substantially equivalent to the offenses listed in Subsection (9)(a); and
81          (ii) who is:

82          (A) a Utah resident; or
83          (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
84     10 or more days, regardless of whether or not the offender intends to permanently reside in this
85     state;
86          (c) (i) (A) who is required to register as a kidnap offender in any other jurisdiction of
87     original conviction;
88          (B) who is required to register as a kidnap offender by any state, federal, or military
89     court; or
90          (C) who would be required to register as a kidnap offender if residing in the
91     jurisdiction of the conviction regardless of the date of the conviction or any previous
92     registration requirements; and
93          (ii) in any 12-month period, who is in this state for a total of 10 or more days,
94     regardless of whether or not the offender intends to permanently reside in this state;
95          (d) (i) (A) who is a nonresident regularly employed or working in this state; or
96          (B) who is a student in this state; and
97          (ii) (A) who was convicted of one or more offenses listed in Subsection (9), or any
98     substantially equivalent offense in another jurisdiction; or
99          (B) as a result of the conviction, who is required to register in the individual's state of
100     residence;
101          (e) who is found not guilty by reason of insanity in this state or in any other jurisdiction
102     of one or more offenses listed in Subsection (9); or
103          (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
104     Subsection (9)(a); and
105          (ii) who has been committed to the division for secure care, as defined in Section
106     80-1-102, for that offense and:
107          (A) the individual remains in the division's custody until 30 days before the individual's
108     21st birthday; or

109          (B) if the juvenile court extended the juvenile court's jurisdiction over the individual
110     under Section 80-6-605, the individual remains in the division's custody until 30 days before
111     the individual's 25th birthday.
112          (10) "Natural parent" means a minor's biological or adoptive parent, and includes the
113     minor's noncustodial parent.
114          (11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender
115     as defined in Subsection (17).
116          (12) "Online identifier" or "Internet identifier":
117          (a) means any electronic mail, chat, instant messenger, social networking, or similar
118     name used for Internet communication; and
119          (b) does not include date of birth, social security number, PIN number, or Internet
120     passwords.
121          (13) "Primary residence" means the location where the offender regularly resides, even
122     if the offender intends to move to another location or return to another location at any future
123     date.
124          (14) "Register" means to comply with the requirements of this chapter and
125     administrative rules of the department made under this chapter.
126          (15) "Registration website" means the Sex and Kidnap Offender Notification and
127     Registration website described in Section 77-41-110 and the information on the website.
128          (16) "Secondary residence" means any real property that the offender owns or has a
129     financial interest in, or any location where, in any 12-month period, the offender stays
130     overnight a total of 10 or more nights when not staying at the offender's primary residence.
131          (17) "Sex offender" means any individual:
132          (a) convicted in this state of:
133          (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
134          (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult;
135          (iii) Section 76-5-308.1, human trafficking for sexual exploitation;

136          (iv) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
137          (v) Section 76-5-310, aggravated human trafficking for sexual exploitation;
138          (vi) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
139          (vii) Section 76-5-401, unlawful sexual activity with a minor, except as provided in
140     Subsection 76-5-401(3)(b) or (c);
141          (viii) Section 76-5-401.1, sexual abuse of a minor, except as provided in Subsection
142     76-5-401.1(3);
143          (ix) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
144          (x) Section 76-5-402, rape;
145          (xi) Section 76-5-402.1, rape of a child;
146          (xii) Section 76-5-402.2, object rape;
147          (xiii) Section 76-5-402.3, object rape of a child;
148          (xiv) a felony violation of Section 76-5-403, forcible sodomy;
149          (xv) Section 76-5-403.1, sodomy on a child;
150          (xvi) Section 76-5-404, forcible sexual abuse;
151          (xvii) Section 76-5-404.1, sexual abuse of a child, or Section 76-5-404.3, aggravated
152     sexual abuse of a child;
153          (xviii) Section 76-5-405, aggravated sexual assault;
154          (xix) Section 76-5-412, custodial sexual relations, when the individual in custody is
155     younger than 18 years old, if the offense is committed on or after May 10, 2011;
156          (xx) Section 76-5b-201, sexual exploitation of a minor;
157          (xxi) Section 76-5b-201.1, aggravated sexual exploitation of a minor;
158          (xxii) Section 76-5b-204, sexual extortion or aggravated sexual extortion;
159          (xxiii) Section 76-7-102, incest;
160          (xxiv) Section 76-9-702, lewdness, if the individual has been convicted of the offense
161     four or more times;
162          (xxv) Section 76-9-702.1, sexual battery, if the individual has been convicted of the

163     offense four or more times;
164          (xxvi) any combination of convictions of Section 76-9-702, lewdness, and of Section
165     76-9-702.1, sexual battery, that total four or more convictions;
166          (xxvii) Section 76-9-702.5, lewdness involving a child;
167          (xxviii) a felony or class A misdemeanor violation of Section 76-9-702.7, voyeurism;
168          (xxix) Section 76-10-1306, aggravated exploitation of prostitution; or
169          (xxx) attempting, soliciting, or conspiring to commit any felony offense listed in this
170     Subsection (17)(a);
171          (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
172     to commit a crime in another jurisdiction, including any state, federal, or military court that is
173     substantially equivalent to the offenses listed in Subsection (17)(a); and
174          (ii) who is:
175          (A) a Utah resident; or
176          (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
177     10 or more days, regardless of whether the offender intends to permanently reside in this state;
178          (c) (i) (A) who is required to register as a sex offender in any other jurisdiction of
179     original conviction;
180          (B) who is required to register as a sex offender by any state, federal, or military court;
181     or
182          (C) who would be required to register as a sex offender if residing in the jurisdiction of
183     the original conviction regardless of the date of the conviction or any previous registration
184     requirements; and
185          (ii) who, in any 12-month period, is in the state for a total of 10 or more days,
186     regardless of whether or not the offender intends to permanently reside in this state;
187          (d) (i) (A) who is a nonresident regularly employed or working in this state; or
188          (B) who is a student in this state; and
189          (ii) (A) who was convicted of one or more offenses listed in Subsection (17)(a), or any

190     substantially equivalent offense in any jurisdiction; or
191          (B) who is, as a result of the conviction, required to register in the individual's
192     jurisdiction of residence;
193          (e) who is found not guilty by reason of insanity in this state, or in any other
194     jurisdiction of one or more offenses listed in Subsection (17)(a); or
195          (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
196     Subsection (17)(a); and
197          (ii) who has been committed to the division for secure care, as defined in Section
198     80-1-102, for that offense and:
199          (A) the individual remains in the division's custody until 30 days before the individual's
200     21st birthday; or
201          (B) if the juvenile court extended the juvenile court's jurisdiction over the individual
202     under Section 80-6-605, the individual remains in the division's custody until 30 days before
203     the individual's 25th birthday.
204          (18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
205     Driving Under the Influence and Reckless Driving.
206          (19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
207     any jurisdiction.
208          Section 2. Section 77-41-103 is amended to read:
209          77-41-103. Department duties.
210          (1) The department[, to assist in investigating kidnapping and sex-related crimes, and
211     in apprehending offenders,] shall:
212          (a) develop and operate a system to collect, analyze, maintain, and disseminate
213     information on offenders and sex and kidnap offenses;
214          (b) make information listed in Subsection 77-41-110(4) available to the public; and
215          (c) share information provided by an offender under this chapter that may not be made
216     available to the public under Subsection 77-41-110(4), but only:

217          (i) for the purposes under this chapter; or
218          (ii) in accordance with Section 63G-2-206.
219          (2) Any law enforcement agency shall, in the manner prescribed by the department,
220     inform the department of:
221          (a) the receipt of a report or complaint of an offense listed in Subsection 77-41-102(9)
222     or (17), within three business days; and
223          (b) the arrest of a person suspected of any of the offenses listed in Subsection
224     77-41-102(9) or (17), within five business days.
225          (3) Upon convicting a person of any of the offenses listed in Subsection 77-41-102(9)
226     or (17), the convicting court shall within three business days forward a signed copy of the
227     judgment and sentence to the Sex and Kidnap Offender Registry office within the [Department
228     of Corrections] department.
229          (4) Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a
230     conviction for any offense listed in Subsection 77-41-102(9) or (17), the court shall, within
231     three business days, forward a signed copy of the order to the Sex and Kidnap Offender
232     Registry office within the [Department of Corrections] department.
233          (5) The department may intervene in any matter, including a criminal action, where the
234     matter purports to affect a person's lawfully entered registration requirement.
235          (6) The department shall:
236          (a) provide the following additional information when available:
237          (i) the crimes the offender has been convicted of or adjudicated delinquent for;
238          (ii) a description of the offender's primary and secondary targets; and
239          (iii) any other relevant identifying information as determined by the department;
240          (b) maintain the Sex Offender and Kidnap Offender Notification and Registration
241     website; and
242          (c) ensure that the registration information collected regarding an offender's enrollment
243     or employment at an educational institution is:

244          (i) (A) promptly made available to any law enforcement agency that has jurisdiction
245     where the institution is located if the educational institution is an institution of higher
246     education; or
247          (B) promptly made available to the district superintendent of the school district where
248     the offender is employed if the educational institution is an institution of primary education;
249     and
250          (ii) entered into the appropriate state records or data system.
251          Section 3. Section 77-41-104 is amended to read:
252          77-41-104. Registration of offenders -- Department and agency requirements.
253          (1) The [department or an agent of the department] Department of Corrections shall
254     register an offender in the custody of the [department] Department of Corrections as required
255     under this chapter upon:
256          (a) placement on probation;
257          (b) commitment to a secure correctional facility operated by or under contract to the
258     [department] Department of Corrections;
259          (c) release from confinement to parole status, termination or expiration of sentence, or
260     escape;
261          (d) entrance to and release from any community-based residential program operated by
262     or under contract to the [department] Department of Corrections; or
263          (e) termination of probation or parole.
264          (2) The sheriff of the county in which an offender is confined shall register an offender
265     with the department, as required under this chapter, if the offender is not in the custody of the
266     [department] Department of Corrections and is confined in a correctional facility not operated
267     by or under contract to the [department] Department of Corrections upon:
268          (a) commitment to the correctional facility; and
269          (b) release from confinement.
270          (3) The division shall register an offender in the custody of the division with the

271     department, as required under this chapter, before the offender's release from custody of the
272     division.
273          (4) A state mental hospital shall register an offender committed to the state mental
274     hospital with the department, as required under this chapter, upon the offender's admission and
275     upon the offender's discharge.
276          (5) (a) (i) A municipal or county law enforcement agency shall register an offender
277     who resides within the agency's jurisdiction and is not under the supervision of the Division of
278     Adult Probation and Parole within the [department] Department of Corrections.
279          (ii) In order to conduct offender registration under this chapter, the agency shall ensure
280     the agency staff responsible for registration:
281          (A) has received initial training by the department and has been certified by the
282     department as qualified and authorized to conduct registrations and enter offender registration
283     information into the registry database; and
284          (B) certify annually with the department.
285          (b) (i) When the department receives offender registration information regarding a
286     change of an offender's primary residence location, the department shall within five days after
287     the day on which the department receives the information electronically notify the law
288     enforcement agencies that have jurisdiction over the area where:
289          (A) the residence that the offender is leaving is located; and
290          (B) the residence to which the offender is moving is located.
291          (ii) The department shall provide notification under this Subsection (5)(b) if the
292     offender's change of address is between law enforcement agency jurisdictions, or is within one
293     jurisdiction.
294          (c) The department shall make available to offenders required to register under this
295     chapter the name of the agency, whether the agency is a local law enforcement agency or the
296     department, that the offender should contact to register, the location for registering, and the
297     requirements of registration.

298          (6) An agency in the state that registers an offender on probation, an offender who has
299     been released from confinement to parole status or termination, or an offender whose sentence
300     has expired shall inform the offender of the duty to comply with the continuing registration
301     requirements of this chapter during the period of registration required in Subsection
302     77-41-105(3), including:
303          (a) notification to the state agencies in the states where the registrant presently resides
304     and plans to reside when moving across state lines;
305          (b) verification of address at least every 60 days pursuant to a parole agreement for
306     lifetime parolees; and
307          (c) notification to the out-of-state agency where the offender is living, regardless of
308     whether the offender is a resident of that state.
309          (7) The department may make administrative rules necessary to implement this
310     chapter, including:
311          (a) the method for dissemination of the information; and
312          (b) instructions to the public regarding the use of the information.
313          (8) The department shall redact information regarding the identity or location of a
314     victim from information provided under Subsections 77-41-103(4) and 77-41-105(7).
315          (9) This chapter does not create or impose any duty on any person to request or obtain
316     information regarding any offender from the department.
317          Section 4. Section 77-41-111 is amended to read:
318          77-41-111. Fees.
319          (1) Each offender required to register under Section 77-41-105 shall, in the month of
320     the offender's birth:
321          (a) pay to the department an annual fee of $100 each year the offender is subject to the
322     registration requirements of this chapter; and
323          (b) pay to the registering agency, if it is an agency other than the [Department of
324     Corrections] department, an annual fee of not more than $25, which may be assessed by that

325     agency for providing registration.
326          (2) Notwithstanding Subsection (1), an offender who is confined in a secure facility or
327     in a state mental hospital is not required to pay the annual fee.
328          (3) The department shall deposit fees collected in accordance with this chapter in the
329     General Fund as a dedicated credit, to be used by the department for maintaining the offender
330     registry under this chapter and monitoring offender registration compliance, including the costs
331     of:
332          (a) data entry;
333          (b) processing registration packets;
334          (c) updating registry information; and
335          (d) [ensuring offender compliance with registration requirements under this chapter;
336     and] reporting an offender not in compliance with registration requirements to a law
337     enforcement agency.
338          [(e) apprehending offenders who are in violation of the offender registration
339     requirements under this chapter.]
340          Section 5. Section 77-41-112 is amended to read:
341          77-41-112. Removal from registry -- Requirements -- Procedure.
342          (1) An offender who is required to register with the Sex and Kidnap Offender Registry
343     may petition the court for an order removing the offender from the Sex and Kidnap Offender
344     Registry if:
345          (a) (i) the offender was convicted of an offense described in Subsection (2);
346          (ii) at least five years have passed after the day on which the offender's sentence for the
347     offense terminated;
348          (iii) the offense is the only offense for which the offender was required to register;
349          (iv) the offender has not been convicted of another offense, excluding a traffic offense,
350     since the day on which the offender was convicted of the offense for which the offender is
351     required to register, as evidenced by a certificate of eligibility issued by the bureau;

352          (v) the offender successfully completed all treatment ordered by the court or the Board
353     of Pardons and Parole relating to the offense; and
354          (vi) the offender has paid all restitution ordered by the court or the Board of Pardons
355     and Parole relating to the offense; or
356          (b) (i) if the offender is required to register in accordance with Subsection
357     77-41-105(3)(a);
358          (ii) at least 10 years have passed after the later of:
359          (A) the day on which the offender was placed on probation;
360          (B) the day on which the offender was released from incarceration to parole;
361          (C) the day on which the offender's sentence was terminated without parole;
362          (D) the day on which the offender entered a community-based residential program; or
363          (E) for a minor, as defined in Section 80-1-102, the day on which the division's custody
364     of the offender was terminated;
365          (iii) the offender has not been convicted of another offense that is a class A
366     misdemeanor, felony, or capital felony within the most recent 10-year period after the date
367     described in Subsection (1)(b)(ii), as evidenced by a certificate of eligibility issued by the
368     bureau;
369          (iv) the offender successfully completed all treatment ordered by the court or the Board
370     of Pardons and Parole relating to the offense; and
371          (v) the offender has paid all restitution ordered by the court or the Board of Pardons
372     and Parole relating to the offense; or
373          (c) (i) the offender is required to register in accordance with Subsection
374     77-41-105(3)(c);
375          (ii) at least 20 years have passed after the later of:
376          (A) the day on which the offender was placed on probation;
377          (B) the day on which the offender was released from incarceration to parole;
378          (C) the day on which the offender's sentence was terminated without parole;

379          (D) the day on which the offender entered a community-based residential program; or
380          (E) for a minor, as defined in Section 80-1-102, the day on which the division's custody
381     of the offender was terminated;
382          (iii) the offender has not been convicted of another offense that is a class A
383     misdemeanor, felony, or capital felony within the most recent 20-year period after the date
384     described in Subsection (1)(c)(ii), as evidenced by a certificate of eligibility issued by the
385     bureau;
386          (iv) the offender completed all treatment ordered by the court or the Board of Pardons
387     and Parole relating to the offense;
388          (v) the offender has paid all restitution ordered by the court or the Board of Pardons
389     and Parole relating to the offense; and
390          (vi) the offender submits to an evidence-based risk assessment to the court, with the
391     offender's petition, that:
392          (A) meets the standards for the current risk assessment, score, and risk level required
393     by the Board of Pardons and Parole for parole termination requests;
394          (B) is completed within the six months before the date on which the petition is filed;
395     and
396          (C) describes the evidence-based risk assessment of the current level of risk to the
397     safety of the public posed by the offender.
398          (2) The offenses referred to in Subsection (1)(a)(i) are:
399          (a) Section 76-4-401, enticing a minor, if the offense is a class A misdemeanor;
400          (b) Section 76-5-301, kidnapping;
401          (c) Section 76-5-304, unlawful detention, if the conviction of violating Section
402     76-5-304 is the only conviction for which the offender is required to register;
403          (d) Section 76-5-401, unlawful sexual activity with a minor if, at the time of the
404     offense, the offender is not more than 10 years older than the victim;
405          (e) Section 76-5-401.1, sexual abuse of a minor, if, at the time of the offense, the

406     offender is not more than 10 years older than the victim;
407          (f) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old, and at the
408     time of the offense, the offender is not more than 15 years older than the victim; or
409          (g) Section 76-9-702.7, voyeurism, if the offense is a class A misdemeanor.
410          (3) (a) (i) An offender seeking removal from the Sex and Kidnap Offender Registry
411     under this section shall apply for a certificate of eligibility from the bureau.
412          (ii) An offender who intentionally or knowingly provides false or misleading
413     information to the bureau when applying for a certificate of eligibility is guilty of a class B
414     misdemeanor and subject to prosecution under Section 76-8-504.6.
415          (iii) Regardless of whether the offender is prosecuted, the bureau may deny a certificate
416     of eligibility to an offender who provides false information on an application.
417          (b) (i) The bureau shall:
418          (A) perform a check of records of governmental agencies, including national criminal
419     databases, to determine whether an offender is eligible to receive a certificate of eligibility[.];
420     and
421          (B) request information from the Department of Corrections regarding whether the
422     offender meets the requirements described in Subsection (1)(a)(ii), (a)(v), (a)(vi), (b)(ii),
423     (b)(iv), (b)(v), or (c)(ii), (c)(iv), (c)(v).
424          (ii) Upon request from the bureau under Subsection (3)(b)(i)(B), the Department of
425     Corrections shall issue a document reflecting whether the offender meets the requirements
426     described in Subsection (1)(a)(ii), (a)(v), (a)(vi), (b)(ii), (b)(iv), (b)(v), or (c)(ii), (c)(iv), (c)(v).
427          [(ii)] (iii) If the offender meets the requirements described in Subsection (1)(a), (b), or
428     (c), the bureau shall issue a certificate of eligibility to the offender, which is valid for a period
429     of 90 days after the day on which the bureau issues the certificate.
430          [(iii) The bureau shall request information from the department regarding whether the
431     offender meets the requirements.]
432          [(iv) (A) Upon request from the bureau under Subsection (3)(b)(iii), the department

433     shall issue a document on whether the offender meets the requirements described in Subsection
434     (1)(a), (b), or (c), which shall be used by the bureau to determine if a certificate of eligibility is
435     appropriate.]
436          [(B) The document from the department shall also include a statement regarding the
437     offender's compliance with all registration requirements under this chapter.]
438          [(v)] (iv) The bureau shall provide a copy of the document provided to the bureau
439     under Subsection [(3)(b)(iv)] (3)(b)(ii) to the offender upon issuance of a certificate of
440     eligibility.
441          (4) (a) (i) The bureau shall charge application and issuance fees for a certificate of
442     eligibility in accordance with the process in Section 63J-1-504.
443          (ii) The application fee shall be paid at the time the offender submits an application for
444     a certificate of eligibility to the bureau.
445          (iii) If the bureau determines that the issuance of a certificate of eligibility is
446     appropriate, the offender will be charged an additional fee for the issuance of a certificate of
447     eligibility.
448          (b) Funds generated under this Subsection (4) shall be deposited into the General Fund
449     as a dedicated credit by the department to cover the costs incurred in determining eligibility.
450          (5) (a) The offender shall file the petition, including original information, the court
451     docket, the certificate of eligibility from the bureau, and the document from the department
452     described in Subsection (3)(b)(iv) with the court, and deliver a copy of the petition to the office
453     of the prosecutor.
454          (b) Upon receipt of a petition for removal from the Sex and Kidnap Offender Registry,
455     the office of the prosecutor shall provide notice of the petition by first-class mail to the victim
456     at the most recent address of record on file or, if the victim is still a minor under 18 years old,
457     to the parent or guardian of the victim.
458          (c) The notice described in Subsection (5)(b) shall include a copy of the petition, state
459     that the victim has a right to object to the removal of the offender from the registry, and

460     provide instructions for registering an objection with the court.
461          (d) The office of the prosecutor shall provide the following, if available, to the court
462     within 30 days after the day on which the office receives the petition:
463          (i) presentencing report;
464          (ii) an evaluation done as part of sentencing; and
465          (iii) any other information the office of the prosecutor feels the court should consider.
466          (e) The victim, or the victim's parent or guardian if the victim is a minor under 18 years
467     old, may respond to the petition by filing a recommendation or objection with the court within
468     45 days after the day on which the petition is mailed to the victim.
469          (6) (a) The court shall:
470          (i) review the petition and all documents submitted with the petition; and
471          (ii) hold a hearing if requested by the prosecutor or the victim.
472          (b) (i) Except as provided in Subsections (6)(b)(ii) and (iii), the court may grant the
473     petition and order removal of the offender from the registry if the court determines that the
474     offender has met the requirements described in Subsection (1)(a) or (b) and removal is not
475     contrary to the interests of the public.
476          (ii) When considering a petition filed under Subsection (1)(c), the court shall determine
477     whether the offender has demonstrated, by clear and convincing evidence, that the offender is
478     rehabilitated and does not pose a threat to the safety of the public.
479          (iii) In making the determination described in Subsection (6)(b)(ii), the court may
480     consider:
481          (A) the nature and degree of violence involved in the offense that requires registration;
482          (B) the age and number of victims of the offense that requires registration;
483          (C) the age of the offender at the time of the offense that requires registration;
484          (D) the offender's performance while on supervision for the offense that requires
485     registration;
486          (E) the offender's stability in employment and housing;

487          (F) the offender's community and personal support system;
488          (G) other criminal and relevant noncriminal behavior of the offender both before and
489     after the offense that requires registration;
490          (H) the level of risk posed by the offender as evidenced by the evidence-based risk
491     assessment described in Subsection (1)(c)(vi); and
492          (I) any other relevant factors.
493          (c) In determining whether removal is contrary to the interests of the public, the court
494     may not consider removal unless the offender has substantially complied with all registration
495     requirements under this chapter at all times.
496          (d) If the court grants the petition, the court shall forward a copy of the order directing
497     removal of the offender from the registry to the department and the office of the prosecutor.
498          (e) (i) Except as provided in Subsection (6)(e)(ii), if the court denies the petition, the
499     offender may not submit another petition for three years.
500          (ii) If the offender files a petition under Subsection (1)(c) and the court denies the
501     petition, the offender may not submit another petition for eight years.
502          (7) The court shall notify the victim and the Sex and Kidnap Offender Registry office
503     in the department of the court's decision within three days after the day on which the court
504     issues the court's decision in the same manner described in Subsection (5).
505          Section 6. Section 77-43-102 is amended to read:
506          77-43-102. Definitions.
507          As used in this chapter:
508          (1) "Business day" means a day on which state offices are open for regular business.
509          (2) "Child abuse offender" means any person who:
510          (a) has been convicted in this state of a felony violation of:
511          (i) Subsection 76-5-109.2(3)(a) or (b), aggravated child abuse;
512          (ii) Section 76-5-308.5, human trafficking of a child; or
513          (iii) attempting, soliciting, or conspiring to commit any felony offense listed in

514     [Subsections] Subsection (2)(a)(i) or (ii);
515          (b) has been convicted of any crime, or an attempt, solicitation, or conspiracy to
516     commit a crime in another jurisdiction, including any state, federal, or military court, that is
517     substantially equivalent to the offenses listed in Subsection (2)(a) and who is:
518          (i) a Utah resident; or
519          (ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of
520     10 or more days, regardless of whether the offender intends to permanently reside in this state;
521          (c) (i) is required to register as a child abuse offender in any other jurisdiction of
522     original conviction, who is required to register as a child abuse offender by any state, federal,
523     or military court, or who would be required to register as a child abuse offender if residing in
524     the jurisdiction of the conviction regardless of the date of the conviction or any previous
525     registration requirements; and
526          (ii) in any 12-month period, is in this state for a total of 10 or more days, regardless of
527     whether the offender intends to permanently reside in this state;
528          (d) is a nonresident regularly employed or working in this state, or who is a student in
529     this state, and was convicted of one or more offenses listed in Subsection (2)(a), or any
530     substantially equivalent offense in another jurisdiction, or who, as a result of the conviction, is
531     required to register in the person's state of residence;
532          (e) is found not guilty by reason of insanity in this state or in any other jurisdiction of
533     one or more offenses listed in Subsection (2)(a); or
534          (f) is adjudicated delinquent based on one or more offenses listed in Subsection (2)(a)
535     and who has been committed to the division for secure confinement for that offense and
536     remains in the division's custody 30 days before the person's 21st birthday.
537          (3) "Correctional facility" means the same as that term is defined in Section 64-13-1.
538          (4) "Department" means the Department of [Corrections] Public Safety.
539          (5) "Division" means the Division of Juvenile Justice Services.
540          (6) "Employed" or "carries on a vocation" includes employment that is full time or part

541     time, whether financially compensated, volunteered, or for the purpose of government or
542     educational benefit.
543          (7) "Indian Country" means:
544          (a) all land within the limits of any Indian reservation under the jurisdiction of the
545     United States government, regardless of the issuance of any patent, and includes rights-of-way
546     running through the reservation;
547          (b) all dependent Indian communities within the borders of the United States whether
548     within the original or subsequently acquired territory, and whether or not within the limits of a
549     state; and
550          (c) all Indian allotments, including the Indian allotments to which the Indian titles have
551     not been extinguished, including rights-of-way running through the allotments.
552          (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
553     property under the jurisdiction of the United States Armed Forces, Canada, the United
554     Kingdom, Australia, or New Zealand.
555          (9) "Natural parent" means a minor's biological or adoptive parent, and includes the
556     minor's noncustodial parent.
557          (10) "Offender" means a child abuse offender as defined in Subsection (2).
558          (11) "Online identifier" or "Internet identifier":
559          (a) means any electronic mail, chat, instant messenger, social networking, or similar
560     name used for Internet communication; and
561          (b) does not include date of birth, Social Security number, PIN number, or Internet
562     passwords.
563          (12) "Primary residence" means the location where the offender regularly resides, even
564     if the offender intends to move to another location or return to another location at any future
565     date.
566          (13) "Register" means to comply with the requirements of this chapter and
567     administrative rules of the department made under this chapter.

568          (14) "Registration website" means the Child Abuse Offender Notification and
569     Registration website described in Section 77-43-108 and the information on the website.
570          (15) "Secondary residence" means any real property that the offender owns or has a
571     financial interest in, or any location where, in any 12-month period, the offender stays
572     overnight a total of 10 or more nights when not staying at the offender's primary residence.
573          (16) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
574     Driving Under the Influence and Reckless Driving.
575          (17) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
576     any jurisdiction.
577          Section 7. Section 77-43-104 is amended to read:
578          77-43-104. Registration of offenders -- Department and agency requirements.
579          (1) An offender in the custody of the [department] Department of Corrections shall be
580     registered by [agents of] the [department] Department of Corrections upon:
581          (a) placement on probation;
582          (b) commitment to a secure correctional facility operated by or under contract to the
583     department;
584          (c) release from confinement to parole status, termination or expiration of sentence, or
585     escape;
586          (d) entrance to and release from any community-based residential program operated by
587     or under contract to the department; or
588          (e) termination of probation or parole.
589          (2) An offender who is not in the custody of the [department] Department of
590     Corrections and who is confined in a correctional facility not operated by or under contract to
591     the [department] Department of Corrections shall be registered with the department by the
592     sheriff of the county in which the offender is confined, upon:
593          (a) commitment to the correctional facility; and
594          (b) release from confinement.

595          (3) An offender in the custody of the division shall be registered with the department
596     by the division prior to release from custody.
597          (4) An offender committed to a state mental hospital shall be registered with the
598     department by the hospital upon admission and upon discharge.
599          (5) (a) (i) A municipal or county law enforcement agency shall register an offender
600     who resides within the agency's jurisdiction and is not under the supervision of the Division of
601     Adult Probation and Parole.
602          (ii) In order to conduct offender registration under this chapter, the agency shall ensure
603     the agency staff responsible for registration:
604          (A) has received initial training by the department and has been certified as qualified
605     and authorized to conduct registrations and enter offender registration information into the
606     registry database; and
607          (B) certify annually with the department.
608          (b) (i) When the department receives offender registration information regarding a
609     change of an offender's primary residence location, the department shall within five days
610     electronically notify the law enforcement agencies that have jurisdiction over the area where:
611          (A) the residence that the offender is leaving is located; and
612          (B) the residence to which the offender is moving is located.
613          (ii) The department shall provide notification under this Subsection (5)(b) if the
614     offender's change of address is between law enforcement agency jurisdictions, or is within one
615     jurisdiction.
616          (c) The department shall make available to offenders required to register under this
617     chapter the name of the agency, whether it is a local law enforcement agency or the department,
618     that the offender should contact to register, the location for registering, and the requirements of
619     registration.
620          (6) An agency in the state that registers an offender on probation, an offender who has
621     been released from confinement to parole status or termination, or an offender whose sentence

622     has expired shall inform the offender of the duty to comply with:
623          (a) the continuing registration requirements of this chapter during the period of
624     registration required in Subsection 77-43-105(3), including:
625          (i) notification to the state agencies in the states where the registrant presently resides
626     and plans to reside when moving across state lines;
627          (ii) verification of address at least every 60 days pursuant to a parole agreement for
628     lifetime parolees; and
629          (iii) notification to the out-of-state agency where the offender is living, whether or not
630     the offender is a resident of that state; and
631          (b) the identification card requirement under Section 53-3-806.5.
632          (7) The department may make administrative rules necessary to implement this
633     chapter, including:
634          (a) training requirements for agency staff responsible for conducting offender
635     registration;
636          (b) the method for dissemination of the information; and
637          (c) instructions to the public regarding the use of the information.
638          (8) Any information regarding the identity or location of a victim shall be redacted by
639     the department from information provided under Subsections 77-43-103(4) and 77-43-105(8).
640          (9) This chapter does not create or impose any duty on any person to request or obtain
641     information regarding any offender from the department.
642          Section 8. Section 77-43-109 is amended to read:
643          77-43-109. Fees.
644          (1) Each offender required to register under Section 77-43-105 shall, in the month of
645     the offender's birth:
646          (a) pay to the department an annual fee of $100 each year the offender is subject to the
647     registration requirements of this chapter; and
648          (b) pay to the registering agency, if it is an agency other than the [Department of

649     Corrections] department, an annual fee of not more than $25, which may be assessed by that
650     agency for providing registration.
651          (2) Notwithstanding Subsection (1), an offender who is confined in a secure facility or
652     in a state mental hospital is not required to pay the annual fee.
653          (3) The department shall deposit fees collected in accordance with this chapter in the
654     General Fund as a dedicated credit, to be used by the department for maintaining the offender
655     registry under this chapter and monitoring offender registration compliance, including the costs
656     of:
657          (a) data entry;
658          (b) processing registration packets;
659          (c) updating registry information; and
660          (d) [ensuring offender compliance with registration requirements under this chapter]
661     reporting an offender not in compliance with registration requirements to a law enforcement
662     agency.
663          Section 9. Effective date.
664          This bill takes effect on July 1, 2024.