2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to pretrial release.
10 Highlighted Provisions:
11 This bill:
12 ▸ repeals statutes related to bail commissioners;
13 ▸ defines terms related to bail and pretrial release;
14 ▸ addresses the right to bail;
15 ▸ amends provisions regarding pretrial release by a county sheriff or the county
16 sheriff's designee;
17 ▸ amends provisions regarding pretrial release by a judge or magistrate;
18 ▸ provides that a magistrate or judge may not base a determination about pretrial
19 release solely on the seriousness of the offense, or the type of offense, for which an
20 individual is arrested or charged;
21 ▸ addresses the modification of a pretrial status order when a defendant fails to appear
22 at a required court appearance or when a defendant has not paid the amount of a
23 financial condition within a certain period of time;
24 ▸ grants an expedited right of appeal to a defendant who is ordered to be detained
25 pretrial; and
26 ▸ makes technical and conforming changes.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 17-22-32, as last amended by Laws of Utah 2022, Chapter 187
34 77-20-102, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
35 77-20-201, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
36 77-20-203, as renumbered and amended by Laws of Utah 2021, Second Special
37 Session, Chapter 4
38 77-20-204, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
39 77-20-205, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
40 77-20-207, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
41 77-20-208, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
42 77-20-301, as renumbered and amended by Laws of Utah 2021, Second Special
43 Session, Chapter 4
44 77-20-302, as renumbered and amended by Laws of Utah 2021, Second Special
45 Session, Chapter 4
46 77-20-401, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
47 ENACTS:
48 77-20-209, Utah Code Annotated 1953
49 REPEALS:
50 10-3-921, as last amended by Laws of Utah 1990, Chapter 283
51 10-3-922, as last amended by Laws of Utah 1990, Chapter 283
52 17-32-1, as last amended by Laws of Utah 2021, Second Special Session, Chapter 4
53 17-32-2, as last amended by Laws of Utah 2021, Second Special Session, Chapter 4
54 17-32-3, as last amended by Laws of Utah 1990, Chapter 283
55 17-32-4, as last amended by Laws of Utah 1990, Chapter 283
56
57 Be it enacted by the Legislature of the state of Utah:
58 Section 1. Section 17-22-32 is amended to read:
59 17-22-32. County jail reporting requirements.
60 (1) As used in this section:
61 (a) "Commission" means the State Commission on Criminal and Juvenile Justice
62 created in Section 63M-7-201.
63 (b) (i) "In-custody death" means an inmate death that occurs while the inmate is in the
64 custody of a county jail.
65 (ii) "In-custody death" includes an inmate death that occurs while the inmate is:
66 (A) being transported for medical care; or
67 (B) receiving medical care outside of a county jail.
68 (c) "Inmate" means an individual who is processed or booked into custody or housed in
69 a county jail in the state.
70 (d) "Opiate" means the same as that term is defined in Section 58-37-2.
71 (2) Each county jail shall submit a report to the commission before June 15 of each
72 year that includes, for the preceding calendar year:
73 (a) the average daily inmate population each month;
74 (b) the number of inmates in the county jail on the last day of each month who identify
75 as each race or ethnicity included in the Standards for Transmitting Race and Ethnicity
76 published by the Untied States Federal Bureau of Investigation;
77 (c) the number of inmates booked into the county jail;
78 (d) the number of inmates held in the county jail each month on behalf of each of the
79 following entities:
80 (i) the Bureau of Indian Affairs;
81 (ii) a state prison;
82 (iii) a federal prison;
83 (iv) the United States Immigration and Customs Enforcement;
84 (v) any other entity with which a county jail has entered a contract to house inmates on
85 the entity's behalf;
86 (e) the number of inmates that are denied pretrial release and held in the custody of the
87 county jail while the inmate awaited final disposition of the inmate's criminal charges;
88 (f) for each inmate booked into the county jail:
89 (i) the name of the agency that arrested the inmate;
90 (ii) the date and time the inmate was booked into and released from the custody of the
91 county jail;
92 (iii) if the inmate was released from the custody of the county jail, the reason the
93 inmate was released from the custody of the county jail;
94 (iv) if the inmate was released from the custody of the county jail on a financial
95 condition, whether the financial condition was set by a [
96 court;
97 (v) the number of days the inmate was held in the custody of the county jail before
98 disposition of the inmate's criminal charges;
99 (vi) whether the inmate was released from the custody of the county jail before final
100 disposition of the inmate's criminal charges; and
101 (vii) the state identification number of the inmate;
102 (g) the number of in-custody deaths that occurred at the county jail;
103 (h) for each in-custody death;
104 (i) the name, gender, race, ethnicity, age, and known or suspected medical diagnosis or
105 disability, if any, of the deceased;
106 (ii) the date, time, and location of death;
107 (iii) the law enforcement agency that detained, arrested, or was in the process of
108 arresting the deceased; and
109 (iv) a brief description of the circumstances surrounding the death;
110 (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of
111 each of the in-custody deaths described in Subsection (2)(g);
112 (j) the county jail's policy for notifying an inmate's next of kin after the inmate's
113 in-custody death;
114 (k) the county jail policies, procedures, and protocols:
115 (i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,
116 including use of opiates;
117 (ii) that relate to the county jail's provision, or lack of provision, of medications used to
118 treat, mitigate, or address an inmate's symptoms of withdrawal, including methadone and all
119 forms of buprenorphine and naltrexone; and
120 (iii) that relate to screening, assessment, and treatment of an inmate for a substance use
121 or mental health disorder; and
122 (l) any report the county jail provides or is required to provide under federal law or
123 regulation relating to inmate deaths.
124 (3) (a) Subsection (2) does not apply to a county jail if the county jail:
125 (i) collects and stores the data described in Subsection (2); and
126 (ii) enters into a memorandum of understanding with the commission that allows the
127 commission to access the data described in Subsection (2).
128 (b) The memorandum of understanding described in Subsection (3)(a)(ii) shall include
129 a provision to protect any information related to an ongoing investigation and comply with all
130 applicable federal and state laws.
131 (c) If the commission accesses data from a county jail in accordance with Subsection
132 (3)(a), the commission may not release a report prepared from that data, unless:
133 (i) the commission provides the report for review to:
134 (A) the county jail; and
135 (B) any arresting agency that is named in the report; and
136 (ii) (A) the county jail approves the report for release;
137 (B) the county jail reviews the report and prepares a response to the report to be
138 published with the report; or
139 (C) the county jail fails to provide a response to the report within four weeks after the
140 day on which the commission provides the report to the county jail.
141 (4) The commission shall:
142 (a) compile the information from the reports described in Subsection (2);
143 (b) omit or redact any identifying information of an inmate in the compilation to the
144 extent omission or redaction is necessary to comply with state and federal law;
145 (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
146 Committee and the Utah Substance Use and Mental Health Advisory Council before November
147 1 of each year; and
148 (d) submit the compilation to the protection and advocacy agency designated by the
149 governor before November 1 of each year.
150 (5) The commission may not provide access to or use a county jail's policies,
151 procedures, or protocols submitted under this section in a manner or for a purpose not
152 described in this section.
153 (6) A report including only the names and causes of death of deceased inmates and the
154 facility in which they were being held in custody shall be made available to the public.
155 Section 2. Section 77-20-102 is amended to read:
156 77-20-102. Definitions.
157 As used in this chapter:
158 (1) "Bail" means pretrial release.
159 (2) "Bail bond" means the same as that term is defined in Section 31A-35-102.
160 [
161 31A-35-102.
162 [
163 31A-35-102.
164 [
165
166 (5) "County jail official" means a county sheriff or the county sheriff's designee.
167 [
168 producer, from liability for a bail bond.
169 [
170 is imposed to secure an individual's pretrial release.
171 [
172 (a) to divest an individual or surety from a right to the repayment of monetary bail; or
173 (b) to enforce a pledge of assets or real or personal property from an individual or
174 surety used to secure an individual's pretrial release.
175 [
176 (10) (a) "Material change in circumstances" includes:
177 (i) an unreasonable delay in prosecution that is not attributable to the defendant;
178 (ii) a material change in the risk that an individual poses to a victim, a witness, or the
179 public if released due to the passage of time or any other relevant factor;
180 (iii) a material change in the conditions of release or the services that are reasonably
181 available to the defendant if released;
182 (iv) a willful or repeated failure by the defendant to appear at required court
183 appearances; or
184 (v) any other material change related to the defendant's risk of flight or danger to any
185 other individual or to the community if released.
186 (b) "Material change in circumstances" does not include any fact or consideration that
187 is known at the time that the pretrial status order is issued.
188 (11) "Monetary bail" means a financial condition.
189 [
190 condition of release other than the individual's promise to:
191 (a) appear for all required court proceedings; and
192 (b) not commit any criminal offense.
193 [
194 77-20-206.
195 [
196 enforcement custody during the time the individual awaits trial or other resolution of criminal
197 charges.
198 [
199 assessment tool that measures an individual's risk of flight and risk of anticipated criminal
200 conduct while on pretrial release.
201 [
202 (a) gather information on individuals booked into a jail facility;
203 (b) conduct pretrial risk assessments; and
204 (c) supervise individuals granted pretrial release.
205 [
206 (a) releases the individual on the individual's own recognizance while the individual
207 awaits trial or other resolution of criminal charges;
208 (b) sets the terms and conditions of the individual's pretrial release while the individual
209 awaits trial or other resolution of criminal charges; or
210 (c) denies pretrial release and orders that the individual be detained while the
211 individual awaits trial or other resolution of criminal charges.
212 [
213 [
214 [
215 31A-35-102.
216 [
217 that:
218 (a) releases the individual on the individual's own recognizance until a pretrial status
219 order is issued;
220 (b) sets the terms and conditions of the individual's pretrial release until a pretrial status
221 order is issued; or
222 (c) denies pretrial release and orders that the individual be detained until a pretrial
223 status order is issued.
224 [
225 condition if the individual fails to appear for any required court appearance.
226 Section 3. Section 77-20-201 is amended to read:
227 77-20-201. Right to bail -- Capital felony.
228 (1) An individual charged with, or arrested for, a criminal offense shall be admitted to
229 bail as a matter of right, except if the individual is charged with:
230 (a) a capital felony when [
231 charge;
232 (b) a felony committed while on parole or on probation for a felony conviction, or
233 while free on bail awaiting trial on a previous felony charge, when [
234 substantial evidence to support the current felony charge;
235 (c) a felony when there is substantial evidence to support the charge and the court
236 finds, by clear and convincing evidence, that:
237 (i) the individual would constitute a substantial danger to any other individual or to the
238 community[
239 the individual is released on bail; or
240 (ii) the individual is likely to flee the jurisdiction of the court[
241 released on bail;
242 (d) a felony when [
243 and the court finds, by clear and convincing evidence, that the individual violated a material
244 condition of release while previously on bail;
245 (e) a domestic violence offense if [
246 (i) [
247 (ii) the court finds, by clear and convincing evidence, that the individual would
248 constitute a substantial danger to an alleged victim of domestic violence [
249 after considering available conditions of release that the court may impose if the individual is
250 released on bail;
251 (f) the offense of driving under the influence or driving with a measurable controlled
252 substance in the body if:
253 (i) the offense results in death or serious bodily injury to an individual; [
254 [
255 [
256 [
257 would constitute a substantial danger to the community [
258 available conditions of release that the court may impose if the individual is released on bail; or
259 (g) a felony violation of Section 76-9-101 if:
260 (i) there is substantial evidence to support the charge; and
261 (ii) the court finds, by clear and convincing evidence, that the individual is not likely to
262 appear for a subsequent court appearance.
263 (2) Notwithstanding any other provision of this section, there is a rebuttable
264 presumption that an individual is a substantial danger to the community under Subsection
265 [
266 (a) as long as the individual has a blood or breath alcohol concentration of .05 grams or
267 greater if the individual is arrested for, or charged with, the offense of driving under the
268 influence and the offense resulted in death or serious bodily injury to an individual; or
269 (b) if the individual has a measurable amount of controlled substance in the
270 individual's body, the individual is arrested for, or charged with, the offense of driving with a
271 measurable controlled substance in the body and the offense resulted in death or serious bodily
272 injury to an individual.
273 (3) For purposes of Subsection (1)(a), any arrest or charge for a violation of Section
274 76-5-202, aggravated murder, is a capital felony unless:
275 (a) the prosecuting attorney files a notice of intent to not seek the death penalty; or
276 (b) the time for filing a notice to seek the death penalty has expired and the prosecuting
277 attorney has not filed a notice to seek the death penalty.
278 Section 4. Section 77-20-203 is amended to read:
279 77-20-203. County sheriff authority to release an individual from jail on own
280 recognizance.
281 (1) As used in this section:
282 (a) "Qualifying offense" means the same as that term is defined in Section 78B-7-801.
283 (b) "Violent felony" means the same as that term is defined in Subsection
284 76-3-203.5(1)(c)(i).
285 (2) [
286 individual from a jail facility on the individual's own recognizance if:
287 (a) the individual was arrested without a warrant;
288 (b) the individual was not arrested for:
289 (i) a violent felony;
290 (ii) a qualifying offense;
291 (iii) the offense of driving under the influence or driving with a measurable controlled
292 substance in the body if the offense results in death or serious bodily injury to an individual; or
293 (iv) an offense described in Subsection 76-9-101(4);
294 (c) law enforcement has not submitted a probable cause statement to a court or
295 magistrate;
296 (d) the individual agrees in writing to appear for any future criminal proceedings
297 related to the arrest; and
298 (e) the individual qualifies for release under the written policy described in Subsection
299 (3) for the county.
300 (3) (a) A county sheriff shall create and approve a written policy for the county that
301 governs the release of an individual on the individual's own recognizance.
302 (b) The written policy shall describe the criteria an individual shall meet to be released
303 on the individual's own recognizance.
304 (c) A county sheriff may include in the written policy the criteria for release relating to:
305 (i) criminal history;
306 (ii) prior instances of failing to appear for a mandatory court appearance;
307 (iii) current employment;
308 (iv) residency;
309 (v) ties to the community;
310 (vi) an offense for which the individual was arrested;
311 (vii) any potential criminal charges that have not yet been filed;
312 (viii) the individual's health condition;
313 (ix) any potential risks to a victim, a witness, or the public; and
314 (x) any other similar factor a sheriff determines is relevant.
315 (4) Nothing in this section prohibits a court and a county from entering into an
316 agreement regarding release.
317 Section 5. Section 77-20-204 is amended to read:
318 77-20-204. County sheriff authority to release an individual from jail on
319 monetary bail.
320 (1) As used in this section, "eligible felony offense" means a third degree felony
321 violation under:
322 (a) Section 23-19-15;
323 (b) Section 23-20-4;
324 (c) Section 23-20-4.7;
325 (d) Title 76, Chapter 6, Part 4, Theft;
326 (e) Title 76, Chapter 6, Part 5, Fraud;
327 (f) Title 76, Chapter 6, Part 6, Retail Theft;
328 (g) Title 76, Chapter 6, Part 7, Utah Computer Crimes Act;
329 (h) Title 76, Chapter 6, Part 8, Library Theft;
330 (i) Title 76, Chapter 6, Part 9, Cultural Sites Protection;
331 (j) Title 76, Chapter 6, Part 10, Mail Box Damage and Mail Theft;
332 (k) Title 76, Chapter 6, Part 11, Identity Fraud Act;
333 (l) Title 76, Chapter 6, Part 12, Utah Mortgage Fraud Act;
334 (m) Title 76, Chapter 6, Part 13, Utah Automated Sales Suppression Device Act;
335 (n) Title 76, Chapter 6, Part 14, Regulation of Metal Dealers;
336 (o) Title 76, Chapter 6a, Pyramid Scheme Act;
337 (p) Title 76, Chapter 7, Offenses Against the Family;
338 (q) Title 76, Chapter 7a, Abortion Prohibition;
339 (r) Title 76, Chapter 9, Part 2, Electronic Communication and Telephone Abuse;
340 (s) Title 76, Chapter 9, Part 3, Cruelty to Animals;
341 (t) Title 76, Chapter 9, Part 4, Offenses Against Privacy;
342 (u) Title 76, Chapter 9, Part 5, Libel; or
343 (v) Title 76, Chapter 9, Part 6, Offenses Against the Flag.
344 (2) Except as provided in Subsection (7)(a), [
345 may fix a financial condition for an individual if:
346 (a) (i) the individual is ineligible to be released on the individual's own recognizance
347 under Section 77-20-203;
348 (ii) the individual is arrested for, or charged with:
349 (A) a misdemeanor offense under state law; or
350 (B) a violation of a city or county ordinance that is classified as a class B or C
351 misdemeanor offense;
352 (iii) the individual agrees in writing to appear for any future criminal proceedings
353 related to the arrest; and
354 (iv) law enforcement has not submitted a probable cause statement to a magistrate; or
355 (b) (i) the individual is arrested for, or charged with, an eligible felony offense;
356 (ii) the individual is not on pretrial release for a separate criminal offense;
357 (iii) the individual is not on probation or parole;
358 (iv) the primary risk posed by the individual is the risk of failure to appear;
359 (v) the individual agrees in writing to appear for any future criminal proceedings
360 related to the arrest; and
361 (vi) law enforcement has not submitted a probable cause statement to a magistrate.
362 (3) [
363 monetary amount that exceeds:
364 (a) $5,000 for an eligible felony offense;
365 (b) $1,950 for a class A misdemeanor offense;
366 (c) $680 for a class B misdemeanor offense;
367 (d) $340 for a class C misdemeanor offense;
368 (e) $150 for a violation of a city or county ordinance that is classified as a class B
369 misdemeanor; or
370 (f) $80 for a violation of a city or county ordinance that is classified as a class C
371 misdemeanor.
372 (4) If an individual is arrested for more than one offense, and the [
373 county jail official fixes a financial condition for release:
374 (a) [
375 single monetary amount; and
376 (b) the single monetary amount may not exceed the monetary amount under Subsection
377 (3) for the highest level of offense for which the individual is arrested.
378 (5) Except as provided in Subsection (7)(b), an individual shall be released if the
379 individual posts a financial condition fixed by a [
380 accordance with this section.
381 (6) [
382 individual, law enforcement shall submit a probable cause statement in accordance with Rule 9
383 of the Utah Rules of Criminal Procedure after the [
384 the financial condition.
385 (7) Once a magistrate begins a review of an individual's case under Rule 9 of the Utah
386 Rules of Criminal Procedure:
387 (a) [
388 condition for an individual; and
389 (b) [
390 individual before the magistrate's review, the individual may no longer be released on the
391 financial condition.
392 (8) Nothing in this section prohibits a court and a county from entering into an
393 agreement regarding release.
394 Section 6. Section 77-20-205 is amended to read:
395 77-20-205. Pretrial release by a magistrate or judge.
396 (1) (a) At the time that a magistrate issues a warrant of arrest, or finds there is probable
397 cause to support the individual's arrest under Rule 9 of the Utah Rules of Criminal Procedure,
398 the magistrate shall issue a temporary pretrial status order that:
399 (i) releases the individual on the individual's own recognizance during the time the
400 individual awaits trial or other resolution of criminal charges;
401 (ii) designates a condition, or a combination of conditions, to be imposed upon the
402 individual's release during the time the individual awaits trial or other resolution of criminal
403 charges; or
404 (iii) orders the individual be detained during the time the individual awaits trial or
405 other resolution of criminal charges.
406 (b) At the time that a magistrate issues a summons, the magistrate may issue a
407 temporary pretrial status order that:
408 (i) releases the individual on the individual's own recognizance during the time the
409 individual awaits trial or other resolution of criminal charges; or
410 (ii) designates a condition, or a combination of conditions, to be imposed upon the
411 individual's release during the time the individual awaits trial or other resolution of criminal
412 charges.
413 [
414
415 [
416
417 [
418
419
420 [
421
422 [
423
424 [
425 a pretrial status order at an individual's first appearance before the court.
426 (b) The magistrate or judge [
427 [
428 (i) until a pretrial detention hearing is held if a prosecuting attorney makes a motion for
429 pretrial detention as described in Section 77-20-206;
430 (ii) if a party requests a delay; or
431 (iii) if there is good cause to delay the issuance.
432 [
433 Subsection [
434 order until the issuance of a pretrial status order.
435 (3) (a) When a magistrate or judge issues a pretrial status order, the pretrial status order
436 shall:
437 (i) release the individual on the individual's own recognizance during the time the
438 individual awaits trial or other resolution of criminal charges;
439 (ii) designate a condition, or a combination of conditions, to be imposed upon the
440 individual's release during the time the individual awaits trial or other resolution of criminal
441 charges; or
442 (iii) order the individual to be detained during the time that individual awaits trial or
443 other resolution of criminal charges.
444 (b) In making a determination about pretrial release in a pretrial status order, the
445 magistrate or judge may not give any deference to a magistrate's decision in a temporary
446 pretrial status order.
447 [
448 a magistrate or judge shall impose only conditions of release that are reasonably available and
449 necessary to reasonably ensure:
450 (a) the individual's appearance in court when required;
451 (b) the safety of any witnesses or victims of the offense allegedly committed by the
452 individual;
453 (c) the safety and welfare of the public; and
454 (d) that the individual will not obstruct, or attempt to obstruct, the criminal justice
455 process.
456 [
457 a condition, or combination of conditions, [
458 requires an individual to:
459 (a) not commit a federal, state, or local offense during the period of pretrial release;
460 (b) avoid contact with a victim of the alleged offense;
461 (c) avoid contact with a witness who:
462 (i) may testify concerning the alleged offense; and
463 (ii) is named in the pretrial status order;
464 (d) not consume alcohol or any narcotic drug or other controlled substance unless
465 prescribed by a licensed medical practitioner;
466 (e) submit to drug or alcohol testing;
467 (f) complete a substance abuse evaluation and comply with any recommended
468 treatment or release program;
469 (g) submit to electronic monitoring or location device tracking;
470 (h) participate in inpatient or outpatient medical, behavioral, psychological, or
471 psychiatric treatment;
472 (i) maintain employment or actively seek employment if unemployed;
473 (j) maintain or commence an education program;
474 (k) comply with limitations on where the individual is allowed to be located or the
475 times that the individual shall be, or may not be, at a specified location;
476 (l) comply with specified restrictions on personal associations, place of residence, or
477 travel;
478 (m) report to a law enforcement agency, pretrial services program, or other designated
479 agency at a specified frequency or on specified dates;
480 (n) comply with a specified curfew;
481 (o) forfeit or refrain from possession of a firearm or other dangerous weapon;
482 (p) if the individual is charged with an offense against a child, limit or prohibit access
483 to any location or occupation where children are located, including any residence where
484 children are on the premises, activities where children are involved, locations where children
485 congregate, or where a reasonable person would know that children congregate;
486 (q) comply with requirements for house arrest;
487 (r) return to custody for a specified period of time following release for employment,
488 schooling, or other limited purposes;
489 (s) remain in custody of one or more designated individuals who agree to:
490 (i) supervise and report on the behavior and activities of the individual; and
491 (ii) encourage compliance with all court orders and attendance at all required court
492 proceedings;
493 (t) comply with a financial condition; or
494 (u) comply with any other condition that is reasonably available and necessary to
495 ensure compliance with Subsection [
496 [
497 magistrate or judge shall consider the services that the county or municipality has identified as
498 available in determining what conditions of release to impose.
499 (b) The magistrate or judge may not order conditions of release that would require the
500 county or municipality to provide services that are not currently available from the county or
501 municipality.
502 (c) Notwithstanding Subsection [
503 conditions of release not identified by the county or municipality so long as the condition does
504 not require assistance or resources from the county or municipality.
505 [
506 an unsecured bond, is necessary to impose as a condition of release, the magistrate or judge
507 shall consider the individual's ability to pay when determining the amount of the financial
508 condition.
509 (b) If the magistrate or judge determines that a financial condition is necessary to
510 impose as a condition of release, and [
511 financial condition for the individual under Section 77-20-204, the magistrate or judge may not
512 give any deference to:
513 (i) [
514 or
515 (ii) the amount of the financial condition that the individual was required to pay for
516 pretrial release.
517 (c) If a magistrate or judge orders a financial condition as a condition of release, the
518 judge or magistrate shall set the financial condition at a single amount per case.
519 [
520 magistrate or judge may:
521 (a) rely upon information contained in:
522 (i) the indictment or information;
523 (ii) any sworn or probable cause statement or other information provided by law
524 enforcement;
525 (iii) a pretrial risk assessment;
526 (iv) an affidavit of indigency described in Section 78B-22-201.5;
527 (v) witness statements or testimony; or
528 (vi) any other reliable record or source, including proffered evidence; and
529 (b) consider:
530 (i) the nature and circumstances of the offense, or offenses, that the individual was
531 arrested for, or charged with, including:
532 (A) whether the offense is a violent offense; and
533 (B) the vulnerability of a witness or alleged victim;
534 (ii) the nature and circumstances of the individual, including the individual's:
535 (A) character;
536 (B) physical and mental health;
537 (C) family and community ties;
538 (D) employment status or history;
539 (E) financial resources;
540 (F) past criminal conduct;
541 (G) history of drug or alcohol abuse; and
542 (H) history of timely appearances at required court proceedings;
543 (iii) the potential danger to another individual, or individuals, posed by the release of
544 the individual;
545 (iv) whether the individual was on probation, parole, or release pending an upcoming
546 court proceeding at the time the individual allegedly committed the offense or offenses;
547 (v) the availability of:
548 (A) other individuals who agree to assist the individual in attending court when
549 required; or
550 (B) supervision of the individual in the individual's community;
551 (vi) the eligibility and willingness of the individual to participate in various treatment
552 programs, including drug treatment; or
553 (vii) other evidence relevant to the individual's likelihood of fleeing or violating the
554 law if released.
555 (9) The magistrate or judge may not base a determination about pretrial release solely
556 on the seriousness or type of offense that the individual is arrested for or charged with, unless
557 the individual is arrested for or charged with a capital felony.
558 [
559 release court order, issued in accordance with Section 78B-7-802:
560 (a) may not be released before the individual's first appearance before a magistrate or
561 judge; and
562 (b) may be denied pretrial release by the magistrate or judge [
563 Section 7. Section 77-20-207 is amended to read:
564 77-20-207. Modification of pretrial status order -- Failure to appear.
565 (1) [
566 (a) [
567 (b) only upon a showing that there has been a material change in circumstances.
568 (2) (a) Notwithstanding Subsection (1), a defendant may move to modify a pretrial
569 status order if:
570 (i) the magistrate or judge imposed a financial condition as a condition of release in the
571 pretrial status order; and
572 (ii) the defendant is unable to pay the financial condition within seven days after the
573 day on which the pretrial status order is issued.
574 (b) For a motion under Subsection (2)(a), there is a rebuttable presumption that the
575 defendant does not have the ability to pay the financial condition.
576 [
577 provide notice to the opposing party sufficient to permit the opposing party to prepare for a
578 hearing and to permit each alleged victim to be notified and be present.
579 (b) A hearing on a motion to modify a pretrial status order may be held in conjunction
580 with a preliminary hearing or any other pretrial hearing.
581 [
582 (a) rely on information as provided in Subsection [
583 (b) base the judge's ruling on evidence provided at the hearing so long as each party is
584 provided an opportunity to present additional evidence or information relevant to pretrial
585 release; and
586 (c) (i) for a motion to modify a pretrial status order under Subsection (1), modify the
587 pretrial status order, including the conditions of release, upon a finding that there has been a
588 material change in circumstances[
589 (ii) for a motion to modify a pretrial status order under Subsection (2), modify the
590 pretrial status order by reducing the amount of the financial condition or imposing nonfinancial
591 conditions of release upon a finding that the defendant is unable to pay the amount of the
592 financial condition in the pretrial status order.
593 (5) In modifying a pretrial status order upon a motion by a party or on the court's own
594 motion, the court shall consider whether imposing a bail bond as a condition of release in a
595 modified pretrial status order will increase the likelihood of the defendant's appearance when:
596 (a) the defendant was previously released on the defendant's own recognizance or on
597 nonfinancial conditions;
598 (b) the defendant willfully failed to appear at a required court appearance or has failed
599 to appear at a required court appearance more than once; and
600 (c) a bench warrant was issued.
601 (6) Subsections 77-20-205(3) through (10) apply to a determination about pretrial
602 release in a modified pretrial status order.
603 Section 8. Section 77-20-208 is amended to read:
604 77-20-208. Release from conditions when charges not filed in specified time
605 period.
606 (1) If a prosecuting attorney does not file an information, indictment, or a request to
607 extend time under Subsection (2), within 120 days after the day on which a [
608
609 Section 77-20-203 or within 120 days after the day on which a temporary pretrial status order
610 was issued for the individual:
611 (a) the individual shall be relieved from any condition of pretrial release;
612 (b) the court shall refund any monetary bail in accordance with Subsection
613 77-20-402(5); and
614 (c) if a bail bond was used to post monetary bail, the bail bond shall be exonerated
615 without further order of the court.
616 (2) A request to extend time shall:
617 (a) be served on:
618 (i) the individual and the individual's attorney; and
619 (ii) if a bail bond was used to post monetary bail, the surety; and
620 (b) except as provided in Subsection (3), be granted for a period of up to 60 days.
621 (3) The magistrate may grant a request to extend time for a period of up to 120 days
622 upon a showing of good cause.
623 (4) Nothing in this section prohibits the filing of charges against an individual at any
624 time.
625 Section 9. Section 77-20-209 is enacted to read:
626 77-20-209. Right to expedited appeal of pretrial detention.
627 If a magistrate or judge issues a pretrial status order that orders the individual be
628 detained during the time the individual awaits trial or other resolution of criminal charges, the
629 individual has the right to an expedited appeal of the pretrial status order.
630 Section 10. Section 77-20-301 is amended to read:
631 77-20-301. Grounds for detaining or releasing defendant on conviction and prior
632 to sentence.
633 (1) Upon conviction, by plea or trial, the court shall order that the convicted defendant
634 who is waiting imposition or execution of sentence be detained, unless the court finds, by clear
635 and convincing evidence, presented by the defendant that the defendant:
636 (a) is not likely to flee the jurisdiction of the court if released; and
637 (b) will not pose a danger to the physical, psychological, or financial and economic
638 safety or well-being of any other person or the community if released.
639 (2) If the court finds the defendant does not need to be detained, the court shall order
640 the release of the defendant on suitable conditions, including conditions of release described in
641 Subsection [
642 Section 11. Section 77-20-302 is amended to read:
643 77-20-302. Grounds for detaining defendant while appealing the defendant's
644 conviction -- Conditions for release while on appeal.
645 (1) The court shall order that a defendant who has been found guilty of an offense in a
646 court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an
647 appeal or a petition for a writ of certiorari, be detained, unless the court finds:
648 (a) the appeal raises a substantial question of law or fact likely to result in:
649 (i) reversal;
650 (ii) an order for a new trial; or
651 (iii) a sentence that does not include a term of imprisonment in jail or prison;
652 (b) the appeal is not for the purpose of delay; and
653 (c) by clear and convincing evidence presented by the defendant, that the defendant:
654 (i) is not likely to flee the jurisdiction of the court if released; and
655 (ii) will not pose a danger to the physical, psychological, or financial and economic
656 safety or well-being of any other person or the community if released.
657 (2) (a) If the court makes a finding under Subsection (1) that justifies not detaining the
658 defendant, the court shall order the release of the defendant, subject to only conditions of
659 release that are reasonably available and necessary to reasonably ensure the appearance of the
660 defendant as required and the safety of any other individual, property, and the community.
661 (b) The conditions under Subsection (2)(a) may include conditions described in
662 Subsection [
663 (c) The court may, in the court's discretion, amend an order granting release to impose
664 additional or different conditions of release.
665 (3) If the defendant is found guilty of an offense in a court not of record and files a
666 timely notice of appeal in accordance with Subsection 78A-7-118(1) for a trial de novo, the
667 court shall stay all terms of a sentence, unless at the time of sentencing the judge finds by a
668 preponderance of the evidence that the defendant poses a danger to another person or the
669 community.
670 (4) If a stay is ordered, the court may order postconviction restrictions on the
671 defendant's conduct as appropriate, including:
672 (a) continuation of any pretrial restrictions or orders;
673 (b) sentencing protective orders under Section 78B-7-804;
674 (c) drug and alcohol use;
675 (d) use of an ignition interlock; and
676 (e) posting appropriate monetary bail.
677 (5) The provisions of Subsections (3) and (4) do not apply to convictions for an offense
678 under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
679 (6) Any stay authorized by Subsection (3) is lifted upon the dismissal of the appeal by
680 the district court.
681 Section 12. Section 77-20-401 is amended to read:
682 77-20-401. Payment of monetary bail to sheriff -- Specific payment methods.
683 (1) Subject to Subsection 77-20-402(2), if an individual has been required by a [
684
685 a condition of pretrial release, the individual may post the amount of monetary bail with the
686 [
687 (a) in money, by cash, certified or cashier's check, personal check with check guarantee
688 card, money order, or credit card, if the [
689 establish any of those options; or
690 (b) by a bail bond issued by a surety.
691 (2) [
692 received under Subsection (1) to the appropriate court within three days after the day on which
693 the monetary bail is received by the [
694 Section 13. Repealer.
695 This bill repeals:
696 Section 10-3-921, Fines -- Collection by bail commissioner -- Disposition.
697 Section 10-3-922, Term of bail commissioners -- Salary -- Bond and oath.
698 Section 17-32-1, Appointment of bail commissioners.
699 Section 17-32-2, Collection of fines by bail commissioners -- Disposition.
700 Section 17-32-3, Term of bail commissioners -- No additional compensation --
701 Bond and oath.
702 Section 17-32-4, Oaths and bonds to be filed.