7 Ryan D. Wilcox
9 LONG TITLE
10 General Description:
11 This bill addresses sex offense management and treatment.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ creates the Sex Offense Management Board;
16 ▸ describes the duties of the Sex Offense Management Board;
17 ▸ clarifies the process the Department of Corrections follows to establish standards
18 for sex offender treatment;
19 ▸ includes a sunset date; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
23 Other Special Clauses:
25 Utah Code Sections Affected:
27 63I-1-263, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
28 249, 274, 296, 313, 361, 362, 417, 419, and 472
29 64-13-25, as last amended by Laws of Utah 2015, Chapter 412
30 77-18-103, as last amended by Laws of Utah 2022, Chapter 115
32 63M-7-801, Utah Code Annotated 1953
33 63M-7-802, Utah Code Annotated 1953
34 63M-7-803, Utah Code Annotated 1953
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 63I-1-263 is amended to read:
38 63I-1-263. Repeal dates: Titles 63A to 63N.
39 (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
40 improvement funding, is repealed July 1, 2024.
41 (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
43 (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
44 Committee, are repealed July 1, 2023.
45 (4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
46 (a) Section 63A-18-102 is repealed;
47 (b) Section 63A-18-201 is repealed; and
48 (c) Section 63A-18-202 is repealed.
49 (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
50 1, 2028.
51 (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
53 (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
55 (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
56 repealed July 1, 2023.
57 (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
58 July 1, 2023.
59 (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
60 repealed July 1, 2026.
61 (11) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
62 (12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
63 (13) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
64 Advisory Board, is repealed July 1, 2026.
65 (14) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
67 (15) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
69 (16) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
70 (17) Subsection 63J-1-602.1(17), relating to the Nurse Home Visiting Restricted
71 Account, is repealed July 1, 2026.
72 (18) Subsection 63J-1-602.2(6), referring to dedicated credits to the Utah Marriage
73 Commission, is repealed July 1, 2023.
74 (19) Subsection 63J-1-602.2(7), referring to the Trip Reduction Program, is repealed
75 July 1, 2022.
76 (20) Subsection 63J-1-602.2(26), related to the Utah Seismic Safety Commission, is
77 repealed January 1, 2025.
78 (21) Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee, is
79 repealed July 1, 2027.
80 (22) In relation to the Utah Substance Use and Mental Health Advisory Council, on
81 January 1, 2033:
82 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
84 (b) Section 63M-7-305, the language that states "council" is replaced with
86 (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
87 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
88 (d) Subsection 63M-7-305(2) is repealed and replaced with:
89 "(2) The commission shall:
90 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
91 Drug-Related Offenses Reform Act; and
92 (b) coordinate the implementation of Section 77-18-104 and related provisions in
93 Subsections 77-18-103(2)(c) and (d).".
94 (23) The Crime Victim Reparations and Assistance Board, created in Section
95 63M-7-504, is repealed July 1, 2027.
96 (24) Title 63M, Chapter 7, Part 8, Sex Offense Management Board, is repealed July 1,
101 repealed January 1, 2025.
104 July 1, 2028.
106 repealed July 1, 2027.
108 Program, is repealed July 1, 2025.
110 (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
112 (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
113 Program, is repealed.
115 (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
116 (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
117 repealed and replaced with "Utah Office of Tourism";
118 (c) Subsection 63N-7-101(1), which defines "board," is repealed;
119 (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
120 approval from the Board of Tourism Development, is repealed; and
121 (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
123 Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
124 is repealed on July 1, 2024.
125 Section 2. Section 63M-7-801 is enacted to read:
127 63M-7-801. Definitions.
128 As used in this part:
129 (1) "Board" means the Sex Offense Management Board created in Section 63M-7-802.
130 (2) "Commission" means the State Commission on Criminal and Juvenile Justice
131 created in Section 63M-7-201.
132 (3) "Registry" means the registry established in Title 77, Chapter 41, Sex and Kidnap
133 Offender Registry.
134 Section 3. Section 63M-7-802 is enacted to read:
135 63M-7-802. Sex Offense Management Board - Creation - Members appointment -
136 Qualifications - Terms.
137 (1) There is created within the commission the Sex Offense Management Board
138 consisting of the following members:
139 (a) the executive director of the Department of Corrections, or the executive director's
141 (b) the commissioner of the Department of Public Safety, or the commissioner's
143 (c) the attorney general, or the attorney general's designee;
144 (d) an officer with the adult probation and parole section of the Department of
145 Corrections with experience supervising adults convicted of sex offenses, appointed by the
146 executive director of the Department of Corrections;
147 (e) the executive director of the Department of Health and Human Services, or the
148 executive director's designee;
149 (f) an individual who represents the Administrative Office of the Courts appointed by
150 the state court administrator;
151 (g) the director of the Utah Office for Victims of Crime, or the director's designee;
152 (h) the director of the Division of Juvenile Justice Services, or the director's designee;
153 (i) the chair of the Board of Pardons and Parole, or the chair's designee; and
154 (j) nine individuals appointed by the executive director of the commission, including:
155 (i) the following two individuals licensed under Title 58, Chapter 60, Mental Health
156 Professional Practices Act:
157 (A) an individual with experience in the treatment of adults convicted of sex offenses
158 in the community;
159 (B) an individual with experience in the treatment of juveniles adjudicated of sex
160 offenses in the community;
161 (ii) an individual who represents an association of criminal defense attorneys;
162 (iii) an individual who is a criminal defense attorney experienced in indigent criminal
164 (iv) an individual who represents an association of prosecuting attorneys;
165 (v) an individual who represents law enforcement;
166 (vi) an individual who represents an association of criminal justice victim advocates;
167 (vii) an individual who is a clinical polygraph examiner experienced in providing
168 polygraph examinations to individuals convicted of sex offenses; and
169 (viii) an individual who has been previously convicted of a sex offense and has
170 successfully completed treatment and supervision for the offense.
171 (2) (a) A member described in Subsection (1)(j) shall serve a four-year term.
172 (b) If a vacancy occurs among a member described in Subsection (1)(j), the executive
173 director of the commission may appoint a new individual to fill the remainder of the term.
174 (c) When a term of a member described in Subsection (1)(j) expires, the executive
175 director of the commission shall appoint a new member or reappoint the member whose term
176 has expired to a new four-year term.
177 (3) The members of the board shall vote on a chair and co-chair of the board from
178 among the members described in Subsection (1) to serve a two-year term.
179 (4) A majority of the board constitutes a quorum.
180 (5) A board member may not receive compensation or benefits for the member's
181 service on the board, but may receive per diem and reimbursement for travel expenses incurred
182 as a board member at rates established by the Division of Finance under:
183 (a) Sections 63A-3-106 and 63A-3-107; and
184 (b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
185 (6) The commission shall provide staff support to the board.
186 (7) The board shall meet at least six times per year on dates the board sets.
187 Section 4. Section 63M-7-803 is enacted to read:
188 63M-7-803. Board duties.
189 The board shall:
190 (1) review research regarding treatment, risk assessment, and supervision practices for
191 individuals on the registry or individuals ordered to complete sex offense treatment;
192 (2) advise and make recommendations to other councils, boards, and offices within the
193 commission regarding evidence-based:
194 (a) sentencing and treatment practices for individuals on the registry or individuals
195 ordered to complete sex offense treatment to reduce recidivism and promote public safety;
196 (b) policies to promote public safety and protect victims of sex offenses; and
197 (c) practices related to the registry that promote public safety, account for risk, and
198 protect the rights of individuals on the registry or individuals ordered to complete sex offense
199 treatment; and
200 (3) advise and make recommendations to the Department of Corrections and the
201 Department of Health and Human Services regarding:
202 (a) evidence-based standards for supervision of individuals on the registry or
203 individuals ordered to complete sex offense treatment;
204 (b) evidence-based standards for training, certification, and evaluation of community
205 treatment providers, polygraph examiners, evaluators, and other professionals who provide
206 treatment and related services to individuals on the registry or individuals ordered to complete
207 sex offense treatment; and
208 (c) implementation of the treatment standards and other duties described in Section
209 64-13-25 related to sex offenses.
210 Section 5. Section 64-13-25 is amended to read:
211 64-13-25. Standards for programs -- Audits.
212 (1) (a) To promote accountability and to ensure safe and professional operation of
213 correctional programs, the department shall establish minimum standards for the organization
214 and operation of [
215 of Health and Human Services to establish minimum standards for programs providing
216 assistance for individuals involved in the criminal justice system.
218 according to state rulemaking provisions.
219 (ii) Those standards that apply to offenders are exempt from the provisions of Title
220 63G, Chapter 3, Utah Administrative Rulemaking Act.
221 (iii) Offenders are not a class of persons under [
222 Administrative Rulemaking Act.
224 offender complaints.
226 treatment programs provided in county jails to which persons committed to the state prison are
227 placed by jail contract under Section 64-13e-103.
228 (ii) In establishing the standards and qualifications for the treatment programs, the
229 department shall:
230 (A) consult and collaborate with the county sheriffs and the [
232 (B) include programs demonstrated by recognized scientific research to reduce
233 recidivism by addressing an offender's criminal risk factors as determined by a risk and needs
235 (iii) All jails contracting to house offenders committed to the state prison shall meet the
236 minimum standards for treatment programs as established under this Subsection [
240 64-13-7.5(3) regarding licensure and competency.
241 (ii) The standards shall require the use of [
243 criminal risk factors as determined by validated assessments.
244 (iii) The department shall collaborate with the [
245 Substance Use and Mental Health to develop and effectively distribute the standards to jails
246 and to mental health professionals who desire to provide mental health treatment for sex
248 (iv) The department shall establish the standards by administrative rule [
249 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
263 and private providers of treatment for sex offenders on probation or parole that requires the
264 providers' sex [
265 established under Subsection [
268 Office of Substance Use and Mental Health to develop, coordinate, and implement the
269 certification [
271 on the standards under Subsection [
272 certification every two years.
274 those providing treatment to offenders housed in county jails by contract under Section
275 64-13e-103, shall comply with [
276 begin receiving or continue receiving payment from the department to provide sex [
280 (3) (a) The department shall establish an audit process to ensure compliance with sex
281 offense and substance use treatment standards established under this section in accordance with
282 the department's policies and procedures.
283 (b) At least every three years, the department shall internally audit sex offense and
284 substance use treatment programs for compliance with standards established under this section.
285 (c) The individuals undertaking the audit shall provide a written report to the managers
286 of the programs audited and to the executive director of the department.
287 (d) The department's internal audit reports shall:
288 (i) be classified as confidential internal working papers; and
289 (ii) be accessible at the discretion of the executive director or the governor, or upon
290 court order.
291 (4) The department:
292 (a) shall establish performance goals and outcome measurements for all programs that
293 are subject to the minimum standards established under this section and [
294 analyze and evaluate whether the goals and measurements are attained[
296 Office of Substance Use and Mental Health to develop and coordinate the performance goals
297 and outcome measurements, including recidivism rates and treatment success and failure
300 make decisions on the use of funds to provide treatment for which standards are established
301 under this section[
303 Office of Substance Use and Mental Health to track a subgroup of participants to determine if
304 there is a net positive result from the use of treatment as an alternative to incarceration[
306 Office of Substance Use and Mental Health to evaluate the costs, including any additional
307 costs, and the resources needed to attain the performance goals established for the use of
308 treatment as an alternative to incarceration[
310 (4) to the State Commission on Criminal and Juvenile Justice on or before August 31.
311 (5) The [
312 compile a written report of the findings based on the data collected under Subsection (4) and
314 Services Interim Committee, the Law Enforcement and Criminal Justice Interim Committee,
315 and the related appropriations subcommittees.
316 Section 6. Section 77-18-103 is amended to read:
317 77-18-103. Presentence investigation report -- Classification of presentence
318 investigation report -- Evidence or other information at sentencing.
319 (1) Before the imposition of a sentence, the court may:
320 (a) upon agreement of the defendant, continue the date for the imposition of the
321 sentence for a reasonable period of time for the purpose of obtaining a presentence
322 investigation report from the department or a law enforcement agency, or information from any
323 other source about the defendant; and
324 (b) if the defendant is convicted of a felony or a class A misdemeanor, request that the
325 department or a law enforcement agency prepare a presentence investigation report for the
327 (2) If a presentence investigation report is required under the standards established by
328 the department described in Section 77-18-109, the presentence investigation report under
329 Subsection (1) shall include:
330 (a) any impact statement provided by a victim as described in Subsection
332 (b) information on restitution as described in Subsections 77-38b-203(3)(a) and (b);
333 (c) findings from any screening and any assessment of the defendant conducted under
334 Section 77-18-104;
335 (d) recommendations for treatment for the defendant; and
336 (e) the number of days since the commission of the offense that the defendant has spent
337 in the custody of the jail and the number of days, if any, the defendant was released to a
338 supervised release program or an alternative incarceration program under Section 17-22-5.5.
339 (3) The department or law enforcement agency shall provide the presentence
340 investigation report to the defendant's attorney, or the defendant if the defendant is not
341 represented by counsel, the prosecuting attorney, and the court for review within three working
342 days before the day on which the defendant is sentenced.
343 (4) (a) (i) If there is an alleged inaccuracy in the presentence investigation report that is
344 not resolved by the parties and the department or law enforcement agency before sentencing:
345 (A) the alleged inaccuracy shall be brought to the attention of the court at sentencing;
347 (B) the court may grant an additional 10 working days after the day on which the
348 alleged inaccuracy is brought to the court's attention to allow the parties and the department to
349 resolve the alleged inaccuracy in the presentence investigation report.
350 (ii) If the court does not grant additional time under Subsection (4)(a)(i)(B), or the
351 alleged inaccuracy cannot be resolved after 10 working days, and if the court finds that there is
352 an inaccuracy in the presentence investigation report, the court shall:
353 (A) enter a written finding as to the relevance and accuracy of the challenged portion of
354 the presentence investigation report; and
355 (B) provide the written finding to the Division of Adult Probation and Parole or the
356 law enforcement agency.
357 (b) The Division of Adult Probation and Parole shall attach the written finding to the
358 presentence investigation report as an addendum.
359 (c) If a party fails to challenge the accuracy of the presentence investigation report at
360 the time of sentencing, the matter shall be considered waived.
361 (5) The contents of the presentence investigation report are protected and not available
362 except by court order for purposes of sentencing as provided by rule of the Judicial Council or
363 for use by the department or law enforcement agency.
364 (6) (a) A presentence investigation report is classified as protected in accordance with
365 Title 63G, Chapter 2, Government Records Access and Management Act.
366 (b) Notwithstanding Sections 63G-2-403 and 63G-2-404, the State Records Committee
367 may not order the disclosure of a presentence investigation report.
368 (7) Except for disclosure at the time of sentencing in accordance with this section, the
369 department or law enforcement agency may disclose a presentence investigation only when:
370 (a) ordered by the court in accordance with Subsection 63G-2-202(7);
371 (b) requested by a law enforcement agency or other agency approved by the department
372 for purposes of supervision, confinement, and treatment of a defendant;
373 (c) requested by the board;
374 (d) requested by the subject of the presentence investigation report or the subject's
375 authorized representative;
376 (e) requested by the victim of the offense discussed in the presentence investigation
377 report, or the victim's authorized representative, if the disclosure is only information relating
379 (i) statements or materials provided by the victim;
380 (ii) the circumstances of the offense, including statements by the defendant; or
381 (iii) the impact of the offense on the victim or the victim's household; or
382 (f) requested by a sex offender treatment provider:
383 (i) who is certified to provide treatment under the certification program established in
384 Subsection [
385 (ii) who is providing, at the time of the request, sex offender treatment to the offender
386 who is the subject of the presentence investigation report; and
387 (iii) who provides written assurance to the department that the report:
388 (A) is necessary for the treatment of the defendant;
389 (B) will be used solely for the treatment of the defendant; and
390 (C) will not be disclosed to an individual or entity other than the defendant.
391 (8) (a) At the time of sentence, the court shall receive any testimony, evidence, or
392 information that the defendant or the prosecuting attorney desires to present concerning the
393 appropriate sentence.
394 (b) Testimony, evidence, or information under Subsection (8)(a) shall be presented in
395 open court on record and in the presence of the defendant.