Representative Andrew Stoddard proposes the following substitute bill:


1     
SEX AND KIDNAP OFFENDER REGISTRY AND CHILD

2     
ABUSE OFFENDER REGISTRY ADMINISTRATION

3     
AMENDMENTS

4     
2023 GENERAL SESSION

5     
STATE OF UTAH

6     
Chief Sponsor: Andrew Stoddard

7     
Senate Sponsor: Stephanie Pitcher

8     

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; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
25          77-41-102, as last amended by Laws of Utah 2022, Chapters 185, 430

26          77-41-103, as last amended by Laws of Utah 2018, Chapter 281
27          77-41-104, as last amended by Laws of Utah 2019, Chapter 382
28          77-41-111, as enacted by Laws of Utah 2012, Chapter 145
29          77-41-112, as last amended by Laws of Utah 2021, Chapters 262, 334 and 410 and last
30     amended by Coordination Clause, Laws of Utah 2021, Chapter 334
31          77-43-102, as last amended by Laws of Utah 2022, Chapter 430
32          77-43-104, as enacted by Laws of Utah 2017, Chapter 282
33          77-43-109, as enacted by Laws of Utah 2017, Chapter 282
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 77-41-102 is amended to read:
37          77-41-102. Definitions.
38          As used in this chapter:
39          (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
40     Safety established in section 53-10-201.
41          (2) "Business day" means a day on which state offices are open for regular business.
42          (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
43     Identification showing that the offender has met the requirements of Section 77-41-112.
44          (4) "Department" means the Department of [Corrections] Public Safety.
45          (5) "Division" means the Division of Juvenile Justice Services.
46          (6) "Employed" or "carries on a vocation" includes employment that is full time or part
47     time, whether financially compensated, volunteered, or for the purpose of government or
48     educational benefit.
49          (7) "Indian Country" means:
50          (a) all land within the limits of any Indian reservation under the jurisdiction of the
51     United States government, regardless of the issuance of any patent, and includes rights-of-way
52     running through the reservation;
53          (b) all dependent Indian communities within the borders of the United States whether
54     within the original or subsequently acquired territory, and whether or not within the limits of a
55     state; and
56          (c) all Indian allotments, including the Indian allotments to which the Indian titles have

57     not been extinguished, including rights-of-way running through the allotments.
58          (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
59     property under the jurisdiction of the United States military, Canada, the United Kingdom,
60     Australia, or New Zealand.
61          (9) "Kidnap offender" means any individual, other than a natural parent of the victim:
62          (a) who has been convicted in this state of a violation of:
63          (i) Subsection 76-5-301(2)(c) or (d), kidnapping;
64          (ii) Section 76-5-301.1, child kidnapping;
65          (iii) Section 76-5-302, aggravated kidnapping;
66          (iv) Section 76-5-308, human trafficking for labor;
67          (v) Section 76-5-308.3, human smuggling;
68          (vi) Section 76-5-308, human smuggling, when the individual smuggled is under 18
69     years old;
70          (vii) Section 76-5-308.5, human trafficking of a child for labor;
71          (viii) Section 76-5-310, aggravated human trafficking;
72          (ix) Section 76-5-310.1, aggravated human smuggling;
73          (x) Section 76-5-311, human trafficking of a vulnerable adult for labor; or
74          (xi) attempting, soliciting, or conspiring to commit any felony offense listed in
75     Subsections (9)(a)(i) through (iii);
76          (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
77     to commit a crime in another jurisdiction, including any state, federal, or military court that is
78     substantially equivalent to the offenses listed in Subsection (9)(a); and
79          (ii) who is:
80          (A) a Utah resident; or
81          (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
82     10 or more days, regardless of whether or not the offender intends to permanently reside in this
83     state;
84          (c) (i) (A) who is required to register as a kidnap offender in any other jurisdiction of
85     original conviction;
86          (B) who is required to register as a kidnap offender by any state, federal, or military
87     court; or

88          (C) who would be required to register as a kidnap offender if residing in the
89     jurisdiction of the conviction regardless of the date of the conviction or any previous
90     registration requirements; and
91          (ii) in any 12-month period, who is in this state for a total of 10 or more days,
92     regardless of whether or not the offender intends to permanently reside in this state;
93          (d) (i) (A) who is a nonresident regularly employed or working in this state; or
94          (B) who is a student in this state; and
95          (ii) (A) who was convicted of one or more offenses listed in Subsection (9), or any
96     substantially equivalent offense in another jurisdiction; or
97          (B) as a result of the conviction, who is required to register in the individual's state of
98     residence;
99          (e) who is found not guilty by reason of insanity in this state or in any other jurisdiction
100     of one or more offenses listed in Subsection (9); or
101          (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
102     Subsection (9)(a); and
103          (ii) who has been committed to the division for secure care, as defined in Section
104     80-1-102, for that offense and:
105          (A) the individual remains in the division's custody until 30 days before the individual's
106     21st birthday; or
107          (B) if the juvenile court extended the juvenile court's jurisdiction over the individual
108     under Section 80-6-605, the individual remains in the division's custody until 30 days before
109     the individual's 25th birthday.
110          (10) "Natural parent" means a minor's biological or adoptive parent, and includes the
111     minor's noncustodial parent.
112          (11) "Offender" means a kidnap offender as defined in Subsection (9) or a sex offender
113     as defined in Subsection (17).
114          (12) "Online identifier" or "Internet identifier":
115          (a) means any electronic mail, chat, instant messenger, social networking, or similar
116     name used for Internet communication; and
117          (b) does not include date of birth, social security number, PIN number, or Internet
118     passwords.

119          (13) "Primary residence" means the location where the offender regularly resides, even
120     if the offender intends to move to another location or return to another location at any future
121     date.
122          (14) "Register" means to comply with the requirements of this chapter and
123     administrative rules of the department made under this chapter.
124          (15) "Registration website" means the Sex and Kidnap Offender Notification and
125     Registration website described in Section 77-41-110 and the information on the website.
126          (16) "Secondary residence" means any real property that the offender owns or has a
127     financial interest in, or any location where, in any 12-month period, the offender stays
128     overnight a total of 10 or more nights when not staying at the offender's primary residence.
129          (17) "Sex offender" means any individual:
130          (a) convicted in this state of:
131          (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
132          (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult;
133          (iii) Section 76-5-308.1, human trafficking for sexual exploitation;
134          (iv) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
135          (v) Section 76-5-310, aggravated human trafficking for sexual exploitation;
136          (vi) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
137          (vii) Section 76-5-401, unlawful sexual activity with a minor, except as provided in
138     Subsection 76-5-401(3)(b) or (c);
139          (viii) Section 76-5-401.1, sexual abuse of a minor, except as provided in Subsection
140     76-5-401.1(3);
141          (ix) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
142          (x) Section 76-5-402, rape;
143          (xi) Section 76-5-402.1, rape of a child;
144          (xii) Section 76-5-402.2, object rape;
145          (xiii) Section 76-5-402.3, object rape of a child;
146          (xiv) a felony violation of Section 76-5-403, forcible sodomy;
147          (xv) Section 76-5-403.1, sodomy on a child;
148          (xvi) Section 76-5-404, forcible sexual abuse;
149          (xvii) Section 76-5-404.1, sexual abuse of a child, or Section 76-5-404.3, aggravated

150     sexual abuse of a child;
151          (xviii) Section 76-5-405, aggravated sexual assault;
152          (xix) Section 76-5-412, custodial sexual relations, when the individual in custody is
153     younger than 18 years old, if the offense is committed on or after May 10, 2011;
154          (xx) Section 76-5b-201, sexual exploitation of a minor;
155          (xxi) Section 76-5b-201.1, aggravated sexual exploitation of a minor;
156          (xxii) Section 76-5b-204, sexual extortion or aggravated sexual extortion;
157          (xxiii) Section 76-7-102, incest;
158          (xxiv) Section 76-9-702, lewdness, if the individual has been convicted of the offense
159     four or more times;
160          (xxv) Section 76-9-702.1, sexual battery, if the individual has been convicted of the
161     offense four or more times;
162          (xxvi) any combination of convictions of Section 76-9-702, lewdness, and of Section
163     76-9-702.1, sexual battery, that total four or more convictions;
164          (xxvii) Section 76-9-702.5, lewdness involving a child;
165          (xxviii) a felony or class A misdemeanor violation of Section 76-9-702.7, voyeurism;
166          (xxix) Section 76-10-1306, aggravated exploitation of prostitution; or
167          (xxx) attempting, soliciting, or conspiring to commit any felony offense listed in this
168     Subsection (17)(a);
169          (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
170     to commit a crime in another jurisdiction, including any state, federal, or military court that is
171     substantially equivalent to the offenses listed in Subsection (17)(a); and
172          (ii) who is:
173          (A) a Utah resident; or
174          (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
175     10 or more days, regardless of whether the offender intends to permanently reside in this state;
176          (c) (i) (A) who is required to register as a sex offender in any other jurisdiction of
177     original conviction;
178          (B) who is required to register as a sex offender by any state, federal, or military court;
179     or
180          (C) who would be required to register as a sex offender if residing in the jurisdiction of

181     the original conviction regardless of the date of the conviction or any previous registration
182     requirements; and
183          (ii) who, in any 12-month period, is in the state for a total of 10 or more days,
184     regardless of whether or not the offender intends to permanently reside in this state;
185          (d) (i) (A) who is a nonresident regularly employed or working in this state; or
186          (B) who is a student in this state; and
187          (ii) (A) who was convicted of one or more offenses listed in Subsection (17)(a), or any
188     substantially equivalent offense in any jurisdiction; or
189          (B) who is, as a result of the conviction, required to register in the individual's
190     jurisdiction of residence;
191          (e) who is found not guilty by reason of insanity in this state, or in any other
192     jurisdiction of one or more offenses listed in Subsection (17)(a); or
193          (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
194     Subsection (17)(a); and
195          (ii) who has been committed to the division for secure care, as defined in Section
196     80-1-102, for that offense and:
197          (A) the individual remains in the division's custody until 30 days before the individual's
198     21st birthday; or
199          (B) if the juvenile court extended the juvenile court's jurisdiction over the individual
200     under Section 80-6-605, the individual remains in the division's custody until 30 days before
201     the individual's 25th birthday.
202          (18) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
203     Driving Under the Influence and Reckless Driving.
204          (19) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
205     any jurisdiction.
206          Section 2. Section 77-41-103 is amended to read:
207          77-41-103. Department duties.
208          (1) The department[, to assist in investigating kidnapping and sex-related crimes, and
209     in apprehending offenders,] shall:
210          (a) develop and operate a system to collect, analyze, maintain, and disseminate
211     information on offenders and sex and kidnap offenses;

212          (b) make information listed in Subsection 77-41-110(4) available to the public; and
213          (c) share information provided by an offender under this chapter that may not be made
214     available to the public under Subsection 77-41-110(4), but only:
215          (i) for the purposes under this chapter; or
216          (ii) in accordance with Section 63G-2-206.
217          (2) Any law enforcement agency shall, in the manner prescribed by the department,
218     inform the department of:
219          (a) the receipt of a report or complaint of an offense listed in Subsection 77-41-102(9)
220     or (17), within three business days; and
221          (b) the arrest of a person suspected of any of the offenses listed in Subsection
222     77-41-102(9) or (17), within five business days.
223          (3) Upon convicting a person of any of the offenses listed in Subsection 77-41-102(9)
224     or (17), the convicting court shall within three business days forward a signed copy of the
225     judgment and sentence to the Sex and Kidnap Offender Registry office within the [Department
226     of Corrections] department.
227          (4) Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a
228     conviction for any offense listed in Subsection 77-41-102(9) or (17), the court shall, within
229     three business days, forward a signed copy of the order to the Sex and Kidnap Offender
230     Registry office within the [Department of Corrections] department.
231          (5) The department may intervene in any matter, including a criminal action, where the
232     matter purports to affect a person's lawfully entered registration requirement.
233          (6) The department shall:
234          (a) provide the following additional information when available:
235          (i) the crimes the offender has been convicted of or adjudicated delinquent for;
236          (ii) a description of the offender's primary and secondary targets; and
237          (iii) any other relevant identifying information as determined by the department;
238          (b) maintain the Sex Offender and Kidnap Offender Notification and Registration
239     website; and
240          (c) ensure that the registration information collected regarding an offender's enrollment
241     or employment at an educational institution is:
242          (i) (A) promptly made available to any law enforcement agency that has jurisdiction

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

274          (5) (a) (i) A municipal or county law enforcement agency shall register an offender
275     who resides within the agency's jurisdiction and is not under the supervision of the Division of
276     Adult Probation and Parole within the [department] Department of Corrections.
277          (ii) In order to conduct offender registration under this chapter, the agency shall ensure
278     the agency staff responsible for registration:
279          (A) has received initial training by the department and has been certified by the
280     department as qualified and authorized to conduct registrations and enter offender registration
281     information into the registry database; and
282          (B) certify annually with the department.
283          (b) (i) When the department receives offender registration information regarding a
284     change of an offender's primary residence location, the department shall within five days after
285     the day on which the department receives the information electronically notify the law
286     enforcement agencies that have jurisdiction over the area where:
287          (A) the residence that the offender is leaving is located; and
288          (B) the residence to which the offender is moving is located.
289          (ii) The department shall provide notification under this Subsection (5)(b) if the
290     offender's change of address is between law enforcement agency jurisdictions, or is within one
291     jurisdiction.
292          (c) The department shall make available to offenders required to register under this
293     chapter the name of the agency, whether the agency is a local law enforcement agency or the
294     department, that the offender should contact to register, the location for registering, and the
295     requirements of registration.
296          (6) An agency in the state that registers an offender on probation, an offender who has
297     been released from confinement to parole status or termination, or an offender whose sentence
298     has expired shall inform the offender of the duty to comply with the continuing registration
299     requirements of this chapter during the period of registration required in Subsection
300     77-41-105(3), including:
301          (a) notification to the state agencies in the states where the registrant presently resides
302     and plans to reside when moving across state lines;
303          (b) verification of address at least every 60 days pursuant to a parole agreement for
304     lifetime parolees; and

305          (c) notification to the out-of-state agency where the offender is living, regardless of
306     whether the offender is a resident of that state.
307          (7) The department may make administrative rules necessary to implement this
308     chapter, including:
309          (a) the method for dissemination of the information; and
310          (b) instructions to the public regarding the use of the information.
311          (8) The department shall redact information regarding the identity or location of a
312     victim from information provided under Subsections 77-41-103(4) and 77-41-105(7).
313          (9) This chapter does not create or impose any duty on any person to request or obtain
314     information regarding any offender from the department.
315          Section 4. Section 77-41-111 is amended to read:
316          77-41-111. Fees.
317          (1) Each offender required to register under Section 77-41-105 shall, in the month of
318     the offender's birth:
319          (a) pay to the department an annual fee of $100 each year the offender is subject to the
320     registration requirements of this chapter; and
321          (b) pay to the registering agency, if it is an agency other than the [Department of
322     Corrections] department, an annual fee of not more than $25, which may be assessed by that
323     agency for providing registration.
324          (2) Notwithstanding Subsection (1), an offender who is confined in a secure facility or
325     in a state mental hospital is not required to pay the annual fee.
326          (3) The department shall deposit fees collected in accordance with this chapter in the
327     General Fund as a dedicated credit, to be used by the department for maintaining the offender
328     registry under this chapter and monitoring offender registration compliance, including the costs
329     of:
330          (a) data entry;
331          (b) processing registration packets;
332          (c) updating registry information; and
333          (d) [ensuring offender compliance with registration requirements under this chapter;
334     and] reporting an offender not in compliance with registration requirements to a law
335     enforcement agency.

336          [(e) apprehending offenders who are in violation of the offender registration
337     requirements under this chapter.]
338          Section 5. Section 77-41-112 is amended to read:
339          77-41-112. Removal from registry -- Requirements -- Procedure.
340          (1) An offender who is required to register with the Sex and Kidnap Offender Registry
341     may petition the court for an order removing the offender from the Sex and Kidnap Offender
342     Registry if:
343          (a) (i) the offender was convicted of an offense described in Subsection (2);
344          (ii) at least five years have passed after the day on which the offender's sentence for the
345     offense terminated;
346          (iii) the offense is the only offense for which the offender was required to register;
347          (iv) the offender has not been convicted of another offense, excluding a traffic offense,
348     since the day on which the offender was convicted of the offense for which the offender is
349     required to register, as evidenced by a certificate of eligibility issued by the bureau;
350          (v) the offender successfully completed all treatment ordered by the court or the Board
351     of Pardons and Parole relating to the offense; and
352          (vi) the offender has paid all restitution ordered by the court or the Board of Pardons
353     and Parole relating to the offense; or
354          (b) (i) if the offender is required to register in accordance with Subsection
355     77-41-105(3)(a);
356          (ii) at least 10 years have passed after the later of:
357          (A) the day on which the offender was placed on probation;
358          (B) the day on which the offender was released from incarceration to parole;
359          (C) the day on which the offender's sentence was terminated without parole;
360          (D) the day on which the offender entered a community-based residential program; or
361          (E) for a minor, as defined in Section 80-1-102, the day on which the division's custody
362     of the offender was terminated;
363          (iii) the offender has not been convicted of another offense that is a class A
364     misdemeanor, felony, or capital felony within the most recent 10-year period after the date
365     described in Subsection (1)(b)(ii), as evidenced by a certificate of eligibility issued by the
366     bureau;

367          (iv) the offender successfully completed all treatment ordered by the court or the Board
368     of Pardons and Parole relating to the offense; and
369          (v) the offender has paid all restitution ordered by the court or the Board of Pardons
370     and Parole relating to the offense; or
371          (c) (i) the offender is required to register in accordance with Subsection
372     77-41-105(3)(c);
373          (ii) at least 20 years have passed after the later of:
374          (A) the day on which the offender was placed on probation;
375          (B) the day on which the offender was released from incarceration to parole;
376          (C) the day on which the offender's sentence was terminated without parole;
377          (D) the day on which the offender entered a community-based residential program; or
378          (E) for a minor, as defined in Section 80-1-102, the day on which the division's custody
379     of the offender was terminated;
380          (iii) the offender has not been convicted of another offense that is a class A
381     misdemeanor, felony, or capital felony within the most recent 20-year period after the date
382     described in Subsection (1)(c)(ii), as evidenced by a certificate of eligibility issued by the
383     bureau;
384          (iv) the offender completed all treatment ordered by the court or the Board of Pardons
385     and Parole relating to the offense;
386          (v) the offender has paid all restitution ordered by the court or the Board of Pardons
387     and Parole relating to the offense; and
388          (vi) the offender submits to an evidence-based risk assessment to the court, with the
389     offender's petition, that:
390          (A) meets the standards for the current risk assessment, score, and risk level required
391     by the Board of Pardons and Parole for parole termination requests;
392          (B) is completed within the six months before the date on which the petition is filed;
393     and
394          (C) describes the evidence-based risk assessment of the current level of risk to the
395     safety of the public posed by the offender.
396          (2) The offenses referred to in Subsection (1)(a)(i) are:
397          (a) Section 76-4-401, enticing a minor, if the offense is a class A misdemeanor;

398          (b) Section 76-5-301, kidnapping;
399          (c) Section 76-5-304, unlawful detention, if the conviction of violating Section
400     76-5-304 is the only conviction for which the offender is required to register;
401          (d) Section 76-5-401, unlawful sexual activity with a minor if, at the time of the
402     offense, the offender is not more than 10 years older than the victim;
403          (e) Section 76-5-401.1, sexual abuse of a minor, if, at the time of the offense, the
404     offender is not more than 10 years older than the victim;
405          (f) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old, and at the
406     time of the offense, the offender is not more than 15 years older than the victim; or
407          (g) Section 76-9-702.7, voyeurism, if the offense is a class A misdemeanor.
408          (3) (a) (i) An offender seeking removal from the Sex and Kidnap Offender Registry
409     under this section shall apply for a certificate of eligibility from the bureau.
410          (ii) An offender who intentionally or knowingly provides false or misleading
411     information to the bureau when applying for a certificate of eligibility is guilty of a class B
412     misdemeanor and subject to prosecution under Section 76-8-504.6.
413          (iii) Regardless of whether the offender is prosecuted, the bureau may deny a certificate
414     of eligibility to an offender who provides false information on an application.
415          (b) (i) The bureau shall:
416          (A) perform a check of records of governmental agencies, including national criminal
417     databases, to determine whether an offender is eligible to receive a certificate of eligibility[.];
418     and
419          (B) request information from the Department of Corrections regarding whether the
420     offender meets the requirements described in Subsection (1)(a)(ii), (a)(v), (a)(vi), (b)(ii),
421     (b)(iv), (b)(v), or (c)(ii), (c)(iv), (c)(v).
422          (ii) Upon request from the bureau under Subsection (3)(b)(i)(B), the Department of
423     Corrections shall issue a document reflecting whether the offender meets the requirements
424     described in Subsection (1)(a)(ii), (a)(v), (a)(vi), (b)(ii), (b)(iv), (b)(v), or (c)(ii), (c)(iv), (c)(v).
425          [(ii)] (iii) If the offender meets the requirements described in Subsection (1)(a), (b), or
426     (c), the bureau shall issue a certificate of eligibility to the offender, which is valid for a period
427     of 90 days after the day on which the bureau issues the certificate.
428          [(iii) The bureau shall request information from the department regarding whether the

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

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

491          (c) In determining whether removal is contrary to the interests of the public, the court
492     may not consider removal unless the offender has substantially complied with all registration
493     requirements under this chapter at all times.
494          (d) If the court grants the petition, the court shall forward a copy of the order directing
495     removal of the offender from the registry to the department and the office of the prosecutor.
496          (e) (i) Except as provided in Subsection (6)(e)(ii), if the court denies the petition, the
497     offender may not submit another petition for three years.
498          (ii) If the offender files a petition under Subsection (1)(c) and the court denies the
499     petition, the offender may not submit another petition for eight years.
500          (7) The court shall notify the victim and the Sex and Kidnap Offender Registry office
501     in the department of the court's decision within three days after the day on which the court
502     issues the court's decision in the same manner described in Subsection (5).
503          Section 6. Section 77-43-102 is amended to read:
504          77-43-102. Definitions.
505          As used in this chapter:
506          (1) "Business day" means a day on which state offices are open for regular business.
507          (2) "Child abuse offender" means any person who:
508          (a) has been convicted in this state of a felony violation of:
509          (i) Subsection 76-5-109.2(3)(a) or (b), aggravated child abuse;
510          (ii) Section 76-5-308.5, human trafficking of a child; or
511          (iii) attempting, soliciting, or conspiring to commit any felony offense listed in
512     [Subsections] Subsection (2)(a)(i) or (ii);
513          (b) has been convicted of any crime, or an attempt, solicitation, or conspiracy to
514     commit a crime in another jurisdiction, including any state, federal, or military court, that is
515     substantially equivalent to the offenses listed in Subsection (2)(a) and who is:
516          (i) a Utah resident; or
517          (ii) not a Utah resident, but who, in any 12-month period, is in this state for a total of
518     10 or more days, regardless of whether the offender intends to permanently reside in this state;
519          (c) (i) is required to register as a child abuse offender in any other jurisdiction of
520     original conviction, who is required to register as a child abuse offender by any state, federal,
521     or military court, or who would be required to register as a child abuse offender if residing in

522     the jurisdiction of the conviction regardless of the date of the conviction or any previous
523     registration requirements; and
524          (ii) in any 12-month period, is in this state for a total of 10 or more days, regardless of
525     whether the offender intends to permanently reside in this state;
526          (d) is a nonresident regularly employed or working in this state, or who is a student in
527     this state, and was convicted of one or more offenses listed in Subsection (2)(a), or any
528     substantially equivalent offense in another jurisdiction, or who, as a result of the conviction, is
529     required to register in the person's state of residence;
530          (e) is found not guilty by reason of insanity in this state or in any other jurisdiction of
531     one or more offenses listed in Subsection (2)(a); or
532          (f) is adjudicated delinquent based on one or more offenses listed in Subsection (2)(a)
533     and who has been committed to the division for secure confinement for that offense and
534     remains in the division's custody 30 days before the person's 21st birthday.
535          (3) "Correctional facility" means the same as that term is defined in Section 64-13-1.
536          (4) "Department" means the Department of [Corrections] Public Safety.
537          (5) "Division" means the Division of Juvenile Justice Services.
538          (6) "Employed" or "carries on a vocation" includes employment that is full time or part
539     time, whether financially compensated, volunteered, or for the purpose of government or
540     educational benefit.
541          (7) "Indian Country" means:
542          (a) all land within the limits of any Indian reservation under the jurisdiction of the
543     United States government, regardless of the issuance of any patent, and includes rights-of-way
544     running through the reservation;
545          (b) all dependent Indian communities within the borders of the United States whether
546     within the original or subsequently acquired territory, and whether or not within the limits of a
547     state; and
548          (c) all Indian allotments, including the Indian allotments to which the Indian titles have
549     not been extinguished, including rights-of-way running through the allotments.
550          (8) "Jurisdiction" means any state, Indian Country, United States Territory, or any
551     property under the jurisdiction of the United States Armed Forces, Canada, the United
552     Kingdom, Australia, or New Zealand.

553          (9) "Natural parent" means a minor's biological or adoptive parent, and includes the
554     minor's noncustodial parent.
555          (10) "Offender" means a child abuse offender as defined in Subsection (2).
556          (11) "Online identifier" or "Internet identifier":
557          (a) means any electronic mail, chat, instant messenger, social networking, or similar
558     name used for Internet communication; and
559          (b) does not include date of birth, Social Security number, PIN number, or Internet
560     passwords.
561          (12) "Primary residence" means the location where the offender regularly resides, even
562     if the offender intends to move to another location or return to another location at any future
563     date.
564          (13) "Register" means to comply with the requirements of this chapter and
565     administrative rules of the department made under this chapter.
566          (14) "Registration website" means the Child Abuse Offender Notification and
567     Registration website described in Section 77-43-108 and the information on the website.
568          (15) "Secondary residence" means any real property that the offender owns or has a
569     financial interest in, or any location where, in any 12-month period, the offender stays
570     overnight a total of 10 or more nights when not staying at the offender's primary residence.
571          (16) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
572     Driving Under the Influence and Reckless Driving.
573          (17) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
574     any jurisdiction.
575          Section 7. Section 77-43-104 is amended to read:
576          77-43-104. Registration of offenders -- Department and agency requirements.
577          (1) An offender in the custody of the [department] Department of Corrections shall be
578     registered by [agents of] the [department] Department of Corrections upon:
579          (a) placement on probation;
580          (b) commitment to a secure correctional facility operated by or under contract to the
581     department;
582          (c) release from confinement to parole status, termination or expiration of sentence, or
583     escape;

584          (d) entrance to and release from any community-based residential program operated by
585     or under contract to the department; or
586          (e) termination of probation or parole.
587          (2) An offender who is not in the custody of the [department] Department of
588     Corrections and who is confined in a correctional facility not operated by or under contract to
589     the [department] Department of Corrections shall be registered with the department by the
590     sheriff of the county in which the offender is confined, upon:
591          (a) commitment to the correctional facility; and
592          (b) release from confinement.
593          (3) An offender in the custody of the division shall be registered with the department
594     by the division prior to release from custody.
595          (4) An offender committed to a state mental hospital shall be registered with the
596     department by the hospital upon admission and upon discharge.
597          (5) (a) (i) A municipal or county law enforcement agency shall register an offender
598     who resides within the agency's jurisdiction and is not under the supervision of the Division of
599     Adult Probation and Parole.
600          (ii) In order to conduct offender registration under this chapter, the agency shall ensure
601     the agency staff responsible for registration:
602          (A) has received initial training by the department and has been certified as qualified
603     and authorized to conduct registrations and enter offender registration information into the
604     registry database; and
605          (B) certify annually with the department.
606          (b) (i) When the department receives offender registration information regarding a
607     change of an offender's primary residence location, the department shall within five days
608     electronically notify the law enforcement agencies that have jurisdiction over the area where:
609          (A) the residence that the offender is leaving is located; and
610          (B) the residence to which the offender is moving is located.
611          (ii) The department shall provide notification under this Subsection (5)(b) if the
612     offender's change of address is between law enforcement agency jurisdictions, or is within one
613     jurisdiction.
614          (c) The department shall make available to offenders required to register under this

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

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