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9 LONG TITLE
10 General Description:
11 This bill addresses the administration of the Sex and Kidnap Offender Registry and the
12 Child Abuse Offender Registry.
13 Highlighted Provisions:
14 This bill:
15 ▸ moves the administration of the Sex and Kidnap Registry and the Child Abuse
16 Offender Registry from the Department of Corrections to the Department of Public
17 Safety.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides a special effective date.
22 Utah Code Sections Affected:
23 AMENDS:
24 77-41-102, as last amended by Laws of Utah 2022, Chapters 185, 430
25 77-41-103, as last amended by Laws of Utah 2018, Chapter 281
26 77-41-104, as last amended by Laws of Utah 2019, Chapter 382
27 77-41-111, as enacted by Laws of Utah 2012, Chapter 145
28 77-41-112, as last amended by Laws of Utah 2021, Chapters 262, 334 and 410 and last
29 amended by Coordination Clause, Laws of Utah 2021, Chapter 334
30 77-43-102, as last amended by Laws of Utah 2022, Chapter 430
31 77-43-104, as enacted by Laws of Utah 2017, Chapter 282
32 77-43-109, as enacted by Laws of Utah 2017, Chapter 282
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 77-41-102 is amended to read:
36 77-41-102. Definitions.
37 As used in this chapter:
38 (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
39 Safety established in section 53-10-201.
40 (2) "Business day" means a day on which state offices are open for regular business.
41 (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
42 Identification showing that the offender has met the requirements of Section 77-41-112.
43 (4) "Department" means the Department of [
44 (5) "Division" means the Division of Juvenile Justice Services.
45 (6) "Employed" or "carries on a vocation" includes employment that is full time or part
46 time, whether financially compensated, volunteered, or for the purpose of government or
47 educational benefit.
48 (7) "Indian Country" means:
49 (a) all land within the limits of any Indian reservation under the jurisdiction of the
50 United States government, regardless of the issuance of any patent, and includes rights-of-way
51 running through the reservation;
52 (b) all dependent Indian communities within the borders of the United States whether
53 within the original or subsequently acquired territory, and whether or not within the limits of a
54 state; and
55 (c) all Indian allotments, including the Indian allotments to which the Indian titles have
56 not been extinguished, including rights-of-way running through the allotments.
57 (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
58 property under the jurisdiction of the United States military, Canada, the United Kingdom,
59 Australia, or New Zealand.
60 (9) "Kidnap offender" means any individual, other than a natural parent of the victim:
61 (a) who has been convicted in this state of a violation of:
62 (i) Subsection 76-5-301(2)(c) or (d), kidnapping;
63 (ii) Section 76-5-301.1, child kidnapping;
64 (iii) Section 76-5-302, aggravated kidnapping;
65 (iv) Section 76-5-308, human trafficking for labor;
66 (v) Section 76-5-308.3, human smuggling;
67 (vi) Section 76-5-308, human smuggling, when the individual smuggled is under 18
68 years old;
69 (vii) Section 76-5-308.5, human trafficking of a child for labor;
70 (viii) Section 76-5-310, aggravated human trafficking;
71 (ix) Section 76-5-310.1, aggravated human smuggling;
72 (x) Section 76-5-311, human trafficking of a vulnerable adult for labor; or
73 (xi) attempting, soliciting, or conspiring to commit any felony offense listed in
74 Subsections (9)(a)(i) through (iii);
75 (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
76 to commit a crime in another jurisdiction, including any state, federal, or military court that is
77 substantially equivalent to the offenses listed in Subsection (9)(a); and
78 (ii) who is:
79 (A) a Utah resident; or
80 (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
81 10 or more days, regardless of whether or not the offender intends to permanently reside in this
82 state;
83 (c) (i) (A) who is required to register as a kidnap offender in any other jurisdiction of
84 original conviction;
85 (B) who is required to register as a kidnap offender by any state, federal, or military
86 court; or
87 (C) who would be required to register as a kidnap offender if residing in the
88 jurisdiction of the conviction regardless of the date of the conviction or any previous
89 registration requirements; and
90 (ii) in any 12-month period, who is in this state for a total of 10 or more days,
91 regardless of whether or not the offender intends to permanently reside in this state;
92 (d) (i) (A) who is a nonresident regularly employed or working in this state; or
93 (B) who is a student in this state; and
94 (ii) (A) who was convicted of one or more offenses listed in Subsection (9), or any
95 substantially equivalent offense in another jurisdiction; or
96 (B) as a result of the conviction, who is required to register in the individual's state of
97 residence;
98 (e) who is found not guilty by reason of insanity in this state or in any other jurisdiction
99 of one or more offenses listed in Subsection (9); or
100 (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
101 Subsection (9)(a); and
102 (ii) who has been committed to the division for secure care, as defined in Section
103 80-1-102, for that offense and:
104 (A) the individual remains in the division's custody until 30 days before the individual's
105 21st birthday; or
106 (B) if the juvenile court extended the juvenile court's jurisdiction over the individual
107 under Section 80-6-605, the individual remains in the division's custody until 30 days before
108 the individual's 25th birthday.
109 (10) "Natural parent" means a minor's biological or adoptive parent, and includes the
110 minor's noncustodial parent.
111 (11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender
112 as defined in Subsection (17).
113 (12) "Online identifier" or "Internet identifier":
114 (a) means any electronic mail, chat, instant messenger, social networking, or similar
115 name used for Internet communication; and
116 (b) does not include date of birth, social security number, PIN number, or Internet
117 passwords.
118 (13) "Primary residence" means the location where the offender regularly resides, even
119 if the offender intends to move to another location or return to another location at any future
120 date.
121 (14) "Register" means to comply with the requirements of this chapter and
122 administrative rules of the department made under this chapter.
123 (15) "Registration website" means the Sex and Kidnap Offender Notification and
124 Registration website described in Section 77-41-110 and the information on the website.
125 (16) "Secondary residence" means any real property that the offender owns or has a
126 financial interest in, or any location where, in any 12-month period, the offender stays
127 overnight a total of 10 or more nights when not staying at the offender's primary residence.
128 (17) "Sex offender" means any individual:
129 (a) convicted in this state of:
130 (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
131 (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult;
132 (iii) Section 76-5-308.1, human trafficking for sexual exploitation;
133 (iv) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
134 (v) Section 76-5-310, aggravated human trafficking for sexual exploitation;
135 (vi) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
136 (vii) Section 76-5-401, unlawful sexual activity with a minor, except as provided in
137 Subsection 76-5-401(3)(b) or (c);
138 (viii) Section 76-5-401.1, sexual abuse of a minor, except as provided in Subsection
139 76-5-401.1(3);
140 (ix) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
141 (x) Section 76-5-402, rape;
142 (xi) Section 76-5-402.1, rape of a child;
143 (xii) Section 76-5-402.2, object rape;
144 (xiii) Section 76-5-402.3, object rape of a child;
145 (xiv) a felony violation of Section 76-5-403, forcible sodomy;
146 (xv) Section 76-5-403.1, sodomy on a child;
147 (xvi) Section 76-5-404, forcible sexual abuse;
148 (xvii) Section 76-5-404.1, sexual abuse of a child, or Section 76-5-404.3, aggravated
149 sexual abuse of a child;
150 (xviii) Section 76-5-405, aggravated sexual assault;
151 (xix) Section 76-5-412, custodial sexual relations, when the individual in custody is
152 younger than 18 years old, if the offense is committed on or after May 10, 2011;
153 (xx) Section 76-5b-201, sexual exploitation of a minor;
154 (xxi) Section 76-5b-201.1, aggravated sexual exploitation of a minor;
155 (xxii) Section 76-5b-204, sexual extortion or aggravated sexual extortion;
156 (xxiii) Section 76-7-102, incest;
157 (xxiv) Section 76-9-702, lewdness, if the individual has been convicted of the offense
158 four or more times;
159 (xxv) Section 76-9-702.1, sexual battery, if the individual has been convicted of the
160 offense four or more times;
161 (xxvi) any combination of convictions of Section 76-9-702, lewdness, and of Section
162 76-9-702.1, sexual battery, that total four or more convictions;
163 (xxvii) Section 76-9-702.5, lewdness involving a child;
164 (xxviii) a felony or class A misdemeanor violation of Section 76-9-702.7, voyeurism;
165 (xxix) Section 76-10-1306, aggravated exploitation of prostitution; or
166 (xxx) attempting, soliciting, or conspiring to commit any felony offense listed in this
167 Subsection (17)(a);
168 (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
169 to commit a crime in another jurisdiction, including any state, federal, or military court that is
170 substantially equivalent to the offenses listed in Subsection (17)(a); and
171 (ii) who is:
172 (A) a Utah resident; or
173 (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
174 10 or more days, regardless of whether the offender intends to permanently reside in this state;
175 (c) (i) (A) who is required to register as a sex offender in any other jurisdiction of
176 original conviction;
177 (B) who is required to register as a sex offender by any state, federal, or military court;
178 or
179 (C) who would be required to register as a sex offender if residing in the jurisdiction of
180 the original conviction regardless of the date of the conviction or any previous registration
181 requirements; and
182 (ii) who, in any 12-month period, is in the state for a total of 10 or more days,
183 regardless of whether or not the offender intends to permanently reside in this state;
184 (d) (i) (A) who is a nonresident regularly employed or working in this state; or
185 (B) who is a student in this state; and
186 (ii) (A) who was convicted of one or more offenses listed in Subsection (17)(a), or any
187 substantially equivalent offense in any jurisdiction; or
188 (B) who is, as a result of the conviction, required to register in the individual's
189 jurisdiction of residence;
190 (e) who is found not guilty by reason of insanity in this state, or in any other
191 jurisdiction of one or more offenses listed in Subsection (17)(a); or
192 (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
193 Subsection (17)(a); and
194 (ii) who has been committed to the division for secure care, as defined in Section
195 80-1-102, for that offense and:
196 (A) the individual remains in the division's custody until 30 days before the individual's
197 21st birthday; or
198 (B) if the juvenile court extended the juvenile court's jurisdiction over the individual
199 under Section 80-6-605, the individual remains in the division's custody until 30 days before
200 the individual's 25th birthday.
201 (18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
202 Driving Under the Influence and Reckless Driving.
203 (19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
204 any jurisdiction.
205 Section 2. Section 77-41-103 is amended to read:
206 77-41-103. Department duties.
207 (1) The department, to assist in investigating kidnapping and sex-related crimes, and in
208 apprehending offenders, shall:
209 (a) develop and operate a system to collect, analyze, maintain, and disseminate
210 information on offenders and sex and kidnap offenses;
211 (b) make information listed in Subsection 77-41-110(4) available to the public; and
212 (c) share information provided by an offender under this chapter that may not be made
213 available to the public under Subsection 77-41-110(4), but only:
214 (i) for the purposes under this chapter; or
215 (ii) in accordance with Section 63G-2-206.
216 (2) Any law enforcement agency shall, in the manner prescribed by the department,
217 inform the department of:
218 (a) the receipt of a report or complaint of an offense listed in Subsection 77-41-102(9)
219 or (17), within three business days; and
220 (b) the arrest of a person suspected of any of the offenses listed in Subsection
221 77-41-102(9) or (17), within five business days.
222 (3) Upon convicting a person of any of the offenses listed in Subsection 77-41-102(9)
223 or (17), the convicting court shall within three business days forward a signed copy of the
224 judgment and sentence to the Sex and Kidnap Offender Registry office within the [
225
226 (4) Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a
227 conviction for any offense listed in Subsection 77-41-102(9) or (17), the court shall, within
228 three business days, forward a signed copy of the order to the Sex and Kidnap Offender
229 Registry office within the [
230 (5) The department may intervene in any matter, including a criminal action, where the
231 matter purports to affect a person's lawfully entered registration requirement.
232 (6) The department shall:
233 (a) provide the following additional information when available:
234 (i) the crimes the offender has been convicted of or adjudicated delinquent for;
235 (ii) a description of the offender's primary and secondary targets; and
236 (iii) any other relevant identifying information as determined by the department;
237 (b) maintain the Sex Offender and Kidnap Offender Notification and Registration
238 website; and
239 (c) ensure that the registration information collected regarding an offender's enrollment
240 or employment at an educational institution is:
241 (i) (A) promptly made available to any law enforcement agency that has jurisdiction
242 where the institution is located if the educational institution is an institution of higher
243 education; or
244 (B) promptly made available to the district superintendent of the school district where
245 the offender is employed if the educational institution is an institution of primary education;
246 and
247 (ii) entered into the appropriate state records or data system.
248 Section 3. Section 77-41-104 is amended to read:
249 77-41-104. Registration of offenders -- Department and agency requirements.
250 (1) The [
251 register an offender in the custody of the [
252 under this chapter upon:
253 (a) placement on probation;
254 (b) commitment to a secure correctional facility operated by or under contract to the
255 [
256 (c) release from confinement to parole status, termination or expiration of sentence, or
257 escape;
258 (d) entrance to and release from any community-based residential program operated by
259 or under contract to the [
260 (e) termination of probation or parole.
261 (2) The sheriff of the county in which an offender is confined shall register an offender
262 with the department, as required under this chapter, if the offender is not in the custody of the
263 [
264 by or under contract to the [
265 (a) commitment to the correctional facility; and
266 (b) release from confinement.
267 (3) The division shall register an offender in the custody of the division with the
268 department, as required under this chapter, before the offender's release from custody of the
269 division.
270 (4) A state mental hospital shall register an offender committed to the state mental
271 hospital with the department, as required under this chapter, upon the offender's admission and
272 upon the offender's discharge.
273 (5) (a) (i) A municipal or county law enforcement agency shall register an offender
274 who resides within the agency's jurisdiction and is not under the supervision of the Division of
275 Adult Probation and Parole within the [
276 (ii) In order to conduct offender registration under this chapter, the agency shall ensure
277 the agency staff responsible for registration:
278 (A) has received initial training by the department and has been certified by the
279 department as qualified and authorized to conduct registrations and enter offender registration
280 information into the registry database; and
281 (B) certify annually with the department.
282 (b) (i) When the department receives offender registration information regarding a
283 change of an offender's primary residence location, the department shall within five days after
284 the day on which the department receives the information electronically notify the law
285 enforcement agencies that have jurisdiction over the area where:
286 (A) the residence that the offender is leaving is located; and
287 (B) the residence to which the offender is moving is located.
288 (ii) The department shall provide notification under this Subsection (5)(b) if the
289 offender's change of address is between law enforcement agency jurisdictions, or is within one
290 jurisdiction.
291 (c) The department shall make available to offenders required to register under this
292 chapter the name of the agency, whether the agency is a local law enforcement agency or the
293 department, that the offender should contact to register, the location for registering, and the
294 requirements of registration.
295 (6) An agency in the state that registers an offender on probation, an offender who has
296 been released from confinement to parole status or termination, or an offender whose sentence
297 has expired shall inform the offender of the duty to comply with the continuing registration
298 requirements of this chapter during the period of registration required in Subsection
299 77-41-105(3), including:
300 (a) notification to the state agencies in the states where the registrant presently resides
301 and plans to reside when moving across state lines;
302 (b) verification of address at least every 60 days pursuant to a parole agreement for
303 lifetime parolees; and
304 (c) notification to the out-of-state agency where the offender is living, regardless of
305 whether the offender is a resident of that state.
306 (7) The department may make administrative rules necessary to implement this
307 chapter, including:
308 (a) the method for dissemination of the information; and
309 (b) instructions to the public regarding the use of the information.
310 (8) The department shall redact information regarding the identity or location of a
311 victim from information provided under Subsections 77-41-103(4) and 77-41-105(7).
312 (9) This chapter does not create or impose any duty on any person to request or obtain
313 information regarding any offender from the department.
314 Section 4. Section 77-41-111 is amended to read:
315 77-41-111. Fees.
316 (1) Each offender required to register under Section 77-41-105 shall, in the month of
317 the offender's birth:
318 (a) pay to the department an annual fee of $100 each year the offender is subject to the
319 registration requirements of this chapter; and
320 (b) pay to the registering agency, if it is an agency other than the [
321
322 agency for providing registration.
323 (2) Notwithstanding Subsection (1), an offender who is confined in a secure facility or
324 in a state mental hospital is not required to pay the annual fee.
325 (3) The department shall deposit fees collected in accordance with this chapter in the
326 General Fund as a dedicated credit, to be used by the department for maintaining the offender
327 registry under this chapter and monitoring offender registration compliance, including the costs
328 of:
329 (a) data entry;
330 (b) processing registration packets;
331 (c) updating registry information;
332 (d) ensuring offender compliance with registration requirements under this chapter; and
333 (e) apprehending offenders who are in violation of the offender registration
334 requirements under this chapter.
335 Section 5. Section 77-41-112 is amended to read:
336 77-41-112. Removal from registry -- Requirements -- Procedure.
337 (1) An offender who is required to register with the Sex and Kidnap Offender Registry
338 may petition the court for an order removing the offender from the Sex and Kidnap Offender
339 Registry if:
340 (a) (i) the offender was convicted of an offense described in Subsection (2);
341 (ii) at least five years have passed after the day on which the offender's sentence for the
342 offense terminated;
343 (iii) the offense is the only offense for which the offender was required to register;
344 (iv) the offender has not been convicted of another offense, excluding a traffic offense,
345 since the day on which the offender was convicted of the offense for which the offender is
346 required to register, as evidenced by a certificate of eligibility issued by the bureau;
347 (v) the offender successfully completed all treatment ordered by the court or the Board
348 of Pardons and Parole relating to the offense; and
349 (vi) the offender has paid all restitution ordered by the court or the Board of Pardons
350 and Parole relating to the offense; or
351 (b) (i) if the offender is required to register in accordance with Subsection
352 77-41-105(3)(a);
353 (ii) at least 10 years have passed after the later of:
354 (A) the day on which the offender was placed on probation;
355 (B) the day on which the offender was released from incarceration to parole;
356 (C) the day on which the offender's sentence was terminated without parole;
357 (D) the day on which the offender entered a community-based residential program; or
358 (E) for a minor, as defined in Section 80-1-102, the day on which the division's custody
359 of the offender was terminated;
360 (iii) the offender has not been convicted of another offense that is a class A
361 misdemeanor, felony, or capital felony within the most recent 10-year period after the date
362 described in Subsection (1)(b)(ii), as evidenced by a certificate of eligibility issued by the
363 bureau;
364 (iv) the offender successfully completed all treatment ordered by the court or the Board
365 of Pardons and Parole relating to the offense; and
366 (v) the offender has paid all restitution ordered by the court or the Board of Pardons
367 and Parole relating to the offense; or
368 (c) (i) the offender is required to register in accordance with Subsection
369 77-41-105(3)(c);
370 (ii) at least 20 years have passed after the later of:
371 (A) the day on which the offender was placed on probation;
372 (B) the day on which the offender was released from incarceration to parole;
373 (C) the day on which the offender's sentence was terminated without parole;
374 (D) the day on which the offender entered a community-based residential program; or
375 (E) for a minor, as defined in Section 80-1-102, the day on which the division's custody
376 of the offender was terminated;
377 (iii) the offender has not been convicted of another offense that is a class A
378 misdemeanor, felony, or capital felony within the most recent 20-year period after the date
379 described in Subsection (1)(c)(ii), as evidenced by a certificate of eligibility issued by the
380 bureau;
381 (iv) the offender completed all treatment ordered by the court or the Board of Pardons
382 and Parole relating to the offense;
383 (v) the offender has paid all restitution ordered by the court or the Board of Pardons
384 and Parole relating to the offense; and
385 (vi) the offender submits to an evidence-based risk assessment to the court, with the
386 offender's petition, that:
387 (A) meets the standards for the current risk assessment, score, and risk level required
388 by the Board of Pardons and Parole for parole termination requests;
389 (B) is completed within the six months before the date on which the petition is filed;
390 and
391 (C) describes the evidence-based risk assessment of the current level of risk to the
392 safety of the public posed by the offender.
393 (2) The offenses referred to in Subsection (1)(a)(i) are:
394 (a) Section 76-4-401, enticing a minor, if the offense is a class A misdemeanor;
395 (b) Section 76-5-301, kidnapping;
396 (c) Section 76-5-304, unlawful detention, if the conviction of violating Section
397 76-5-304 is the only conviction for which the offender is required to register;
398 (d) Section 76-5-401, unlawful sexual activity with a minor if, at the time of the
399 offense, the offender is not more than 10 years older than the victim;
400 (e) Section 76-5-401.1, sexual abuse of a minor, if, at the time of the offense, the
401 offender is not more than 10 years older than the victim;
402 (f) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old, and at the
403 time of the offense, the offender is not more than 15 years older than the victim; or
404 (g) Section 76-9-702.7, voyeurism, if the offense is a class A misdemeanor.
405 (3) (a) (i) An offender seeking removal from the Sex and Kidnap Offender Registry
406 under this section shall apply for a certificate of eligibility from the bureau.
407 (ii) An offender who intentionally or knowingly provides false or misleading
408 information to the bureau when applying for a certificate of eligibility is guilty of a class B
409 misdemeanor and subject to prosecution under Section 76-8-504.6.
410 (iii) Regardless of whether the offender is prosecuted, the bureau may deny a certificate
411 of eligibility to an offender who provides false information on an application.
412 (b) (i) The bureau shall:
413 (A) perform a check of records of governmental agencies, including national criminal
414 databases, to determine whether an offender is eligible to receive a certificate of eligibility[
415 and
416 (B) request information from the Department of Corrections regarding whether the
417 offender meets the requirements described in Subsection (1)(a)(ii), (a)(v), (a)(vi), (b)(ii),
418 (b)(iv), (b)(v), or (c)(ii), (c)(iv), (c)(v).
419 (ii) Upon request from the bureau under Subsection (3)(b)(i)(B), the Department of
420 Corrections shall issue a document reflecting whether the offender meets the requirements
421 described in Subsection (1)(a)(ii), (a)(v), (a)(vi), (b)(ii), (b)(iv), (b)(v), or (c)(ii), (c)(iv), (c)(v).
422 [
423 (c), the bureau shall issue a certificate of eligibility to the offender, which is valid for a period
424 of 90 days after the day on which the bureau issues the certificate.
425 [
426
427 [
428
429
430
431 [
432
433 [
434 under Subsection [
435 eligibility.
436 (4) (a) (i) The bureau shall charge application and issuance fees for a certificate of
437 eligibility in accordance with the process in Section 63J-1-504.
438 (ii) The application fee shall be paid at the time the offender submits an application for
439 a certificate of eligibility to the bureau.
440 (iii) If the bureau determines that the issuance of a certificate of eligibility is
441 appropriate, the offender will be charged an additional fee for the issuance of a certificate of
442 eligibility.
443 (b) Funds generated under this Subsection (4) shall be deposited into the General Fund
444 as a dedicated credit by the department to cover the costs incurred in determining eligibility.
445 (5) (a) The offender shall file the petition, including original information, the court
446 docket, the certificate of eligibility from the bureau, and the document from the department
447 described in Subsection (3)(b)(iv) with the court, and deliver a copy of the petition to the office
448 of the prosecutor.
449 (b) Upon receipt of a petition for removal from the Sex and Kidnap Offender Registry,
450 the office of the prosecutor shall provide notice of the petition by first-class mail to the victim
451 at the most recent address of record on file or, if the victim is still a minor under 18 years old,
452 to the parent or guardian of the victim.
453 (c) The notice described in Subsection (5)(b) shall include a copy of the petition, state
454 that the victim has a right to object to the removal of the offender from the registry, and
455 provide instructions for registering an objection with the court.
456 (d) The office of the prosecutor shall provide the following, if available, to the court
457 within 30 days after the day on which the office receives the petition:
458 (i) presentencing report;
459 (ii) an evaluation done as part of sentencing; and
460 (iii) any other information the office of the prosecutor feels the court should consider.
461 (e) The victim, or the victim's parent or guardian if the victim is a minor under 18 years
462 old, may respond to the petition by filing a recommendation or objection with the court within
463 45 days after the day on which the petition is mailed to the victim.
464 (6) (a) The court shall:
465 (i) review the petition and all documents submitted with the petition; and
466 (ii) hold a hearing if requested by the prosecutor or the victim.
467 (b) (i) Except as provided in Subsections (6)(b)(ii) and (iii), the court may grant the
468 petition and order removal of the offender from the registry if the court determines that the
469 offender has met the requirements described in Subsection (1)(a) or (b) and removal is not
470 contrary to the interests of the public.
471 (ii) When considering a petition filed under Subsection (1)(c), the court shall determine
472 whether the offender has demonstrated, by clear and convincing evidence, that the offender is
473 rehabilitated and does not pose a threat to the safety of the public.
474 (iii) In making the determination described in Subsection (6)(b)(ii), the court may
475 consider:
476 (A) the nature and degree of violence involved in the offense that requires registration;
477 (B) the age and number of victims of the offense that requires registration;
478 (C) the age of the offender at the time of the offense that requires registration;
479 (D) the offender's performance while on supervision for the offense that requires
480 registration;
481 (E) the offender's stability in employment and housing;
482 (F) the offender's community and personal support system;
483 (G) other criminal and relevant noncriminal behavior of the offender both before and
484 after the offense that requires registration;
485 (H) the level of risk posed by the offender as evidenced by the evidence-based risk
486 assessment described in Subsection (1)(c)(vi); and
487 (I) any other relevant factors.
488 (c) In determining whether removal is contrary to the interests of the public, the court
489 may not consider removal unless the offender has substantially complied with all registration
490 requirements under this chapter at all times.
491 (d) If the court grants the petition, the court shall forward a copy of the order directing
492 removal of the offender from the registry to the department and the office of the prosecutor.
493 (e) (i) Except as provided in Subsection (6)(e)(ii), if the court denies the petition, the
494 offender may not submit another petition for three years.
495 (ii) If the offender files a petition under Subsection (1)(c) and the court denies the
496 petition, the offender may not submit another petition for eight years.
497 (7) The court shall notify the victim and the Sex and Kidnap Offender Registry office
498 in the department of the court's decision within three days after the day on which the court
499 issues the court's decision in the same manner described in Subsection (5).
500 Section 6. Section 77-43-102 is amended to read:
501 77-43-102. Definitions.
502 As used in this chapter:
503 (1) "Business day" means a day on which state offices are open for regular business.
504 (2) "Child abuse offender" means any person who:
505 (a) has been convicted in this state of a felony violation of:
506 (i) Subsection 76-5-109.2(3)(a) or (b), aggravated child abuse;
507 (ii) Section 76-5-308.5, human trafficking of a child; or
508 (iii) attempting, soliciting, or conspiring to commit any felony offense listed in
509 [
510 (b) has been convicted of any crime, or an attempt, solicitation, or conspiracy to
511 commit a crime in another jurisdiction, including any state, federal, or military court, that is
512 substantially equivalent to the offenses listed in Subsection (2)(a) and who is:
513 (i) a Utah resident; or
514 (ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of
515 10 or more days, regardless of whether the offender intends to permanently reside in this state;
516 (c) (i) is required to register as a child abuse offender in any other jurisdiction of
517 original conviction, who is required to register as a child abuse offender by any state, federal,
518 or military court, or who would be required to register as a child abuse offender if residing in
519 the jurisdiction of the conviction regardless of the date of the conviction or any previous
520 registration requirements; and
521 (ii) in any 12-month period, is in this state for a total of 10 or more days, regardless of
522 whether the offender intends to permanently reside in this state;
523 (d) is a nonresident regularly employed or working in this state, or who is a student in
524 this state, and was convicted of one or more offenses listed in Subsection (2)(a), or any
525 substantially equivalent offense in another jurisdiction, or who, as a result of the conviction, is
526 required to register in the person's state of residence;
527 (e) is found not guilty by reason of insanity in this state or in any other jurisdiction of
528 one or more offenses listed in Subsection (2)(a); or
529 (f) is adjudicated delinquent based on one or more offenses listed in Subsection (2)(a)
530 and who has been committed to the division for secure confinement for that offense and
531 remains in the division's custody 30 days before the person's 21st birthday.
532 (3) "Correctional facility" means the same as that term is defined in Section 64-13-1.
533 (4) "Department" means the Department of [
534 (5) "Division" means the Division of Juvenile Justice Services.
535 (6) "Employed" or "carries on a vocation" includes employment that is full time or part
536 time, whether financially compensated, volunteered, or for the purpose of government or
537 educational benefit.
538 (7) "Indian Country" means:
539 (a) all land within the limits of any Indian reservation under the jurisdiction of the
540 United States government, regardless of the issuance of any patent, and includes rights-of-way
541 running through the reservation;
542 (b) all dependent Indian communities within the borders of the United States whether
543 within the original or subsequently acquired territory, and whether or not within the limits of a
544 state; and
545 (c) all Indian allotments, including the Indian allotments to which the Indian titles have
546 not been extinguished, including rights-of-way running through the allotments.
547 (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
548 property under the jurisdiction of the United States Armed Forces, Canada, the United
549 Kingdom, Australia, or New Zealand.
550 (9) "Natural parent" means a minor's biological or adoptive parent, and includes the
551 minor's noncustodial parent.
552 (10) "Offender" means a child abuse offender as defined in Subsection (2).
553 (11) "Online identifier" or "Internet identifier":
554 (a) means any electronic mail, chat, instant messenger, social networking, or similar
555 name used for Internet communication; and
556 (b) does not include date of birth, Social Security number, PIN number, or Internet
557 passwords.
558 (12) "Primary residence" means the location where the offender regularly resides, even
559 if the offender intends to move to another location or return to another location at any future
560 date.
561 (13) "Register" means to comply with the requirements of this chapter and
562 administrative rules of the department made under this chapter.
563 (14) "Registration website" means the Child Abuse Offender Notification and
564 Registration website described in Section 77-43-108 and the information on the website.
565 (15) "Secondary residence" means any real property that the offender owns or has a
566 financial interest in, or any location where, in any 12-month period, the offender stays
567 overnight a total of 10 or more nights when not staying at the offender's primary residence.
568 (16) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
569 Driving Under the Influence and Reckless Driving.
570 (17) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
571 any jurisdiction.
572 Section 7. Section 77-43-104 is amended to read:
573 77-43-104. Registration of offenders -- Department and agency requirements.
574 (1) An offender in the custody of the [
575 registered by [
576 (a) placement on probation;
577 (b) commitment to a secure correctional facility operated by or under contract to the
578 department;
579 (c) release from confinement to parole status, termination or expiration of sentence, or
580 escape;
581 (d) entrance to and release from any community-based residential program operated by
582 or under contract to the department; or
583 (e) termination of probation or parole.
584 (2) An offender who is not in the custody of the [
585 Corrections and who is confined in a correctional facility not operated by or under contract to
586 the [
587 sheriff of the county in which the offender is confined, upon:
588 (a) commitment to the correctional facility; and
589 (b) release from confinement.
590 (3) An offender in the custody of the division shall be registered with the department
591 by the division prior to release from custody.
592 (4) An offender committed to a state mental hospital shall be registered with the
593 department by the hospital upon admission and upon discharge.
594 (5) (a) (i) A municipal or county law enforcement agency shall register an offender
595 who resides within the agency's jurisdiction and is not under the supervision of the Division of
596 Adult Probation and Parole.
597 (ii) In order to conduct offender registration under this chapter, the agency shall ensure
598 the agency staff responsible for registration:
599 (A) has received initial training by the department and has been certified as qualified
600 and authorized to conduct registrations and enter offender registration information into the
601 registry database; and
602 (B) certify annually with the department.
603 (b) (i) When the department receives offender registration information regarding a
604 change of an offender's primary residence location, the department shall within five days
605 electronically notify the law enforcement agencies that have jurisdiction over the area where:
606 (A) the residence that the offender is leaving is located; and
607 (B) the residence to which the offender is moving is located.
608 (ii) The department shall provide notification under this Subsection (5)(b) if the
609 offender's change of address is between law enforcement agency jurisdictions, or is within one
610 jurisdiction.
611 (c) The department shall make available to offenders required to register under this
612 chapter the name of the agency, whether it is a local law enforcement agency or the department,
613 that the offender should contact to register, the location for registering, and the requirements of
614 registration.
615 (6) An agency in the state that registers an offender on probation, an offender who has
616 been released from confinement to parole status or termination, or an offender whose sentence
617 has expired shall inform the offender of the duty to comply with:
618 (a) the continuing registration requirements of this chapter during the period of
619 registration required in Subsection 77-43-105(3), including:
620 (i) notification to the state agencies in the states where the registrant presently resides
621 and plans to reside when moving across state lines;
622 (ii) verification of address at least every 60 days pursuant to a parole agreement for
623 lifetime parolees; and
624 (iii) notification to the out-of-state agency where the offender is living, whether or not
625 the offender is a resident of that state; and
626 (b) the identification card requirement under Section 53-3-806.5.
627 (7) The department may make administrative rules necessary to implement this
628 chapter, including:
629 (a) training requirements for agency staff responsible for conducting offender
630 registration;
631 (b) the method for dissemination of the information; and
632 (c) instructions to the public regarding the use of the information.
633 (8) Any information regarding the identity or location of a victim shall be redacted by
634 the department from information provided under Subsections 77-43-103(4) and 77-43-105(8).
635 (9) This chapter does not create or impose any duty on any person to request or obtain
636 information regarding any offender from the department.
637 Section 8. Section 77-43-109 is amended to read:
638 77-43-109. Fees.
639 (1) Each offender required to register under Section 77-43-105 shall, in the month of
640 the offender's birth:
641 (a) pay to the department an annual fee of $100 each year the offender is subject to the
642 registration requirements of this chapter; and
643 (b) pay to the registering agency, if it is an agency other than the [
644
645 agency for providing registration.
646 (2) Notwithstanding Subsection (1), an offender who is confined in a secure facility or
647 in a state mental hospital is not required to pay the annual fee.
648 (3) The department shall deposit fees collected in accordance with this chapter in the
649 General Fund as a dedicated credit, to be used by the department for maintaining the offender
650 registry under this chapter and monitoring offender registration compliance, including the costs
651 of:
652 (a) data entry;
653 (b) processing registration packets;
654 (c) updating registry information; and
655 (d) ensuring offender compliance with registration requirements under this chapter.
656 Section 9. Effective date.
657 This bill takes effect on July 1, 2023.