Ryan D. Wilcox
8 LONG TITLE
9 General Description:
10 This bill addresses sex offense management and treatment.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ creates the Sex Offense Management Board;
15 ▸ describes the duties of the Sex Offense Management Board;
16 ▸ clarifies the process the Department of Corrections follows to establish standards
17 for sex offender treatment;
18 ▸ includes a sunset date; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 63I-1-263, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
27 249, 274, 296, 313, 361, 362, 417, 419, and 472
28 64-13-25, as last amended by Laws of Utah 2015, Chapter 412
29 77-18-103, as last amended by Laws of Utah 2022, Chapter 115
31 63M-7-801, Utah Code Annotated 1953
32 63M-7-802, Utah Code Annotated 1953
33 63M-7-803, Utah Code Annotated 1953
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 63I-1-263 is amended to read:
37 63I-1-263. Repeal dates: Titles 63A to 63N.
38 (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
39 improvement funding, is repealed July 1, 2024.
40 (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
42 (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
43 Committee, are repealed July 1, 2023.
44 (4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
45 (a) Section 63A-18-102 is repealed;
46 (b) Section 63A-18-201 is repealed; and
47 (c) Section 63A-18-202 is repealed.
48 (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
49 1, 2028.
50 (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
52 (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
54 (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
55 repealed July 1, 2023.
56 (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
57 July 1, 2023.
58 (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
59 repealed July 1, 2026.
60 (11) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
61 (12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
62 (13) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
63 Advisory Board, is repealed July 1, 2026.
64 (14) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
66 (15) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
68 (16) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
69 (17) Subsection 63J-1-602.1(17), relating to the Nurse Home Visiting Restricted
70 Account, is repealed July 1, 2026.
71 (18) Subsection 63J-1-602.2(6), referring to dedicated credits to the Utah Marriage
72 Commission, is repealed July 1, 2023.
73 (19) Subsection 63J-1-602.2(7), referring to the Trip Reduction Program, is repealed
74 July 1, 2022.
75 (20) Subsection 63J-1-602.2(26), related to the Utah Seismic Safety Commission, is
76 repealed January 1, 2025.
77 (21) Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee, is
78 repealed July 1, 2027.
79 (22) In relation to the Utah Substance Use and Mental Health Advisory Council, on
80 January 1, 2033:
81 (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
83 (b) Section 63M-7-305, the language that states "council" is replaced with
85 (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
86 "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
87 (d) Subsection 63M-7-305(2) is repealed and replaced with:
88 "(2) The commission shall:
89 (a) provide ongoing oversight of the implementation, functions, and evaluation of the
90 Drug-Related Offenses Reform Act; and
91 (b) coordinate the implementation of Section 77-18-104 and related provisions in
92 Subsections 77-18-103(2)(c) and (d).".
93 (23) Title 63M, Chapter 7, Part 8, Sex Offense Management Board, is repealed July 1,
96 63M-7-504, is repealed July 1, 2027.
100 repealed January 1, 2025.
103 July 1, 2028.
105 repealed July 1, 2027.
107 Program, is repealed July 1, 2025.
109 (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
111 (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
112 Program, is repealed.
114 (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
115 (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
116 repealed and replaced with "Utah Office of Tourism";
117 (c) Subsection 63N-7-101(1), which defines "board," is repealed;
118 (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
119 approval from the Board of Tourism Development, is repealed; and
120 (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
122 Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
123 is repealed on July 1, 2024.
124 Section 2. Section 63M-7-801 is enacted to read:
126 63M-7-801. Definitions.
127 As used in this part:
128 (1) "Board" means the Sex Offense Management Board created in Section 63M-7-802.
129 (2) "Commission" means the State Commission on Criminal and Juvenile Justice
130 created in Section 63M-7-201.
131 (3) "Registry" means the registry established in Title 77, Chapter 41, Sex and Kidnap
132 Offender Registry.
133 Section 3. Section 63M-7-802 is enacted to read:
134 63M-7-802. Sex Offense Management Board - Creation - Members appointment -
135 Qualifications - Terms.
136 (1) There is created within the commission the Sex Offense Management Board
137 consisting of the following members:
138 (a) the executive director of the Department of Corrections, or the executive director's
140 (b) the commissioner of the Department of Public Safety, or the commissioner's
142 (c) the attorney general, or the attorney general's designee;
143 (d) an officer with the adult probation and parole section of the Department of
144 Corrections with experience supervising adults convicted of sex offenses, appointed by the
145 executive director of the Department of Corrections;
146 (e) the executive director of the Department of Health and Human Services, or the
147 executive director's designee;
148 (f) an individual who represents the Administrative Office of the Courts appointed by
149 the state court administrator;
150 (g) the director of the Utah Office for Victims of Crime, or the director's designee;
151 (h) the director of the Division of Juvenile Justice Services, or the director's designee;
152 (i) the chair of the Board of Pardons and Parole, or the chair's designee; and
153 (j) nine individuals appointed by the executive director of the commission, including:
154 (i) the following two individuals licensed under Title 58, Chapter 60, Mental Health
155 Professional Practices Act:
156 (A) an individual with experience in the treatment of adults convicted of sex offenses
157 in the community;
158 (B) an individual with experience in the treatment of juveniles adjudicated of sex
159 offenses in the community;
160 (ii) an individual who represents an association of criminal defense attorneys;
161 (iii) an individual who is a criminal defense attorney experienced in indigent criminal
163 (iv) an individual who represents an association of prosecuting attorneys;
164 (v) an individual who represents law enforcement;
165 (vi) an individual who represents an association of criminal justice victim advocates;
166 (vii) an individual who is a clinical polygraph examiner experienced in providing
167 polygraph examinations to individuals convicted of sex offenses; and
168 (viii) an individual who has been previously convicted of a sex offense and has
169 successfully completed treatment and supervision for the offense.
170 (2) (a) A member described in Subsection (1)(j) shall serve a four-year term.
171 (b) If a vacancy occurs among a member described in Subsection (1)(j), the executive
172 director of the commission may appoint a new individual to fill the remainder of the term.
173 (c) When a term of a member described in Subsection (1)(j) expires, the executive
174 director of the commission shall appoint a new member or reappoint the member whose term
175 has expired to a new four-year term.
176 (3) The members of the board shall vote on a chair and co-chair of the board from
177 among the members described in Subsection (1) to serve a two-year term.
178 (4) A majority of the board constitutes a quorum.
179 (5) A board member may not receive compensation or benefits for the member's
180 service on the board, but may receive per diem and reimbursement for travel expenses incurred
181 as a board member at rates established by the Division of Finance under:
182 (a) Sections 63A-3-106 and 63A-3-107; and
183 (b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
184 (6) The commission shall provide staff support to the board.
185 (7) The board shall meet at least six times per year on dates the board sets.
186 Section 4. Section 63M-7-803 is enacted to read:
187 63M-7-803. Board duties.
188 The board shall:
189 (1) review research regarding treatment, risk assessment, and supervision practices for
190 individuals on the registry or individuals ordered to complete sex offense treatment;
191 (2) advise and make recommendations to other councils, boards, and offices within the
192 commission regarding evidence-based:
193 (a) sentencing and treatment practices for individuals on the registry or individuals
194 ordered to complete sex offense treatment to reduce recidivism and promote public safety;
195 (b) policies to promote public safety and protect victims of sex offenses; and
196 (c) practices related to the registry that promote public safety, account for risk, and
197 protect the rights of individuals on the registry or individuals ordered to complete sex offense
198 treatment; and
199 (3) advise and make recommendations to the Department of Corrections and the
200 Department of Health and Human Services regarding:
201 (a) evidence-based standards for supervision of individuals on the registry or
202 individuals ordered to complete sex offense treatment;
203 (b) evidence-based standards for training, certification, and evaluation of community
204 treatment providers, polygraph examiners, evaluators, and other professionals who provide
205 treatment and related services to individuals on the registry or individuals ordered to complete
206 sex offense treatment; and
207 (c) implementation of the treatment standards and other duties described in Section
208 64-13-25 related to sex offenses.
209 Section 5. Section 64-13-25 is amended to read:
210 64-13-25. Standards for programs -- Audits.
211 (1) (a) To promote accountability and to ensure safe and professional operation of
212 correctional programs, the department shall establish minimum standards for the organization
213 and operation of [
214 of Health and Human Services to establish minimum standards for programs providing
215 assistance for individuals involved in the criminal justice system.
217 according to state rulemaking provisions.
218 (ii) Those standards that apply to offenders are exempt from the provisions of Title
219 63G, Chapter 3, Utah Administrative Rulemaking Act.
220 (iii) Offenders are not a class of persons under [
221 Administrative Rulemaking Act.
223 offender complaints.
225 treatment programs provided in county jails to which persons committed to the state prison are
226 placed by jail contract under Section 64-13e-103.
227 (ii) In establishing the standards and qualifications for the treatment programs, the
228 department shall:
229 (A) consult and collaborate with the county sheriffs and the [
231 (B) include programs demonstrated by recognized scientific research to reduce
232 recidivism by addressing an offender's criminal risk factors as determined by a risk and needs
234 (iii) All jails contracting to house offenders committed to the state prison shall meet the
235 minimum standards for treatment programs as established under this Subsection [
239 64-13-7.5(3) regarding licensure and competency.
240 (ii) The standards shall require the use of [
242 criminal risk factors as determined by validated assessments.
243 (iii) The department shall collaborate with the [
244 Substance Use and Mental Health to develop and effectively distribute the standards to jails
245 and to mental health professionals who desire to provide mental health treatment for sex
247 (iv) The department shall establish the standards by administrative rule [
248 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
262 and private providers of treatment for sex offenders on probation or parole that requires the
263 providers' sex [
264 established under Subsection [
267 Office of Substance Use and Mental Health to develop, coordinate, and implement the
268 certification [
270 on the standards under Subsection [
271 certification every two years.
273 those providing treatment to offenders housed in county jails by contract under Section
274 64-13e-103, shall comply with [
275 begin receiving or continue receiving payment from the department to provide sex [
279 (3) (a) The department shall establish an audit process to ensure compliance with sex
280 offense and substance use treatment standards established under this section in accordance with
281 the department's policies and procedures.
282 (b) At least every three years, the department shall internally audit sex offense and
283 substance use treatment programs for compliance with standards established under this section.
284 (c) The individuals undertaking the audit shall provide a written report to the managers
285 of the programs audited and to the executive director of the department.
286 (d) The department's internal audit reports shall:
287 (i) be classified as confidential internal working papers; and
288 (ii) be accessible at the discretion of the executive director or the governor, or upon
289 court order.
290 (4) The department:
291 (a) shall establish performance goals and outcome measurements for all programs that
292 are subject to the minimum standards established under this section and [
293 analyze and evaluate whether the goals and measurements are attained[
295 Office of Substance Use and Mental Health to develop and coordinate the performance goals
296 and outcome measurements, including recidivism rates and treatment success and failure
299 make decisions on the use of funds to provide treatment for which standards are established
300 under this section[
302 Office of Substance Use and Mental Health to track a subgroup of participants to determine if
303 there is a net positive result from the use of treatment as an alternative to incarceration[
305 Office of Substance Use and Mental Health to evaluate the costs, including any additional
306 costs, and the resources needed to attain the performance goals established for the use of
307 treatment as an alternative to incarceration[
309 (4) to the State Commission on Criminal and Juvenile Justice on or before August 31.
310 (5) The [
311 compile a written report of the findings based on the data collected under Subsection (4) and
313 Services Interim Committee, the Law Enforcement and Criminal Justice Interim Committee,
314 and the related appropriations subcommittees.
315 Section 6. Section 77-18-103 is amended to read:
316 77-18-103. Presentence investigation report -- Classification of presentence
317 investigation report -- Evidence or other information at sentencing.
318 (1) Before the imposition of a sentence, the court may:
319 (a) upon agreement of the defendant, continue the date for the imposition of the
320 sentence for a reasonable period of time for the purpose of obtaining a presentence
321 investigation report from the department or a law enforcement agency, or information from any
322 other source about the defendant; and
323 (b) if the defendant is convicted of a felony or a class A misdemeanor, request that the
324 department or a law enforcement agency prepare a presentence investigation report for the
326 (2) If a presentence investigation report is required under the standards established by
327 the department described in Section 77-18-109, the presentence investigation report under
328 Subsection (1) shall include:
329 (a) any impact statement provided by a victim as described in Subsection
331 (b) information on restitution as described in Subsections 77-38b-203(3)(a) and (b);
332 (c) findings from any screening and any assessment of the defendant conducted under
333 Section 77-18-104;
334 (d) recommendations for treatment for the defendant; and
335 (e) the number of days since the commission of the offense that the defendant has spent
336 in the custody of the jail and the number of days, if any, the defendant was released to a
337 supervised release program or an alternative incarceration program under Section 17-22-5.5.
338 (3) The department or law enforcement agency shall provide the presentence
339 investigation report to the defendant's attorney, or the defendant if the defendant is not
340 represented by counsel, the prosecuting attorney, and the court for review within three working
341 days before the day on which the defendant is sentenced.
342 (4) (a) (i) If there is an alleged inaccuracy in the presentence investigation report that is
343 not resolved by the parties and the department or law enforcement agency before sentencing:
344 (A) the alleged inaccuracy shall be brought to the attention of the court at sentencing;
346 (B) the court may grant an additional 10 working days after the day on which the
347 alleged inaccuracy is brought to the court's attention to allow the parties and the department to
348 resolve the alleged inaccuracy in the presentence investigation report.
349 (ii) If the court does not grant additional time under Subsection (4)(a)(i)(B), or the
350 alleged inaccuracy cannot be resolved after 10 working days, and if the court finds that there is
351 an inaccuracy in the presentence investigation report, the court shall:
352 (A) enter a written finding as to the relevance and accuracy of the challenged portion of
353 the presentence investigation report; and
354 (B) provide the written finding to the Division of Adult Probation and Parole or the
355 law enforcement agency.
356 (b) The Division of Adult Probation and Parole shall attach the written finding to the
357 presentence investigation report as an addendum.
358 (c) If a party fails to challenge the accuracy of the presentence investigation report at
359 the time of sentencing, the matter shall be considered waived.
360 (5) The contents of the presentence investigation report are protected and not available
361 except by court order for purposes of sentencing as provided by rule of the Judicial Council or
362 for use by the department or law enforcement agency.
363 (6) (a) A presentence investigation report is classified as protected in accordance with
364 Title 63G, Chapter 2, Government Records Access and Management Act.
365 (b) Notwithstanding Sections 63G-2-403 and 63G-2-404, the State Records Committee
366 may not order the disclosure of a presentence investigation report.
367 (7) Except for disclosure at the time of sentencing in accordance with this section, the
368 department or law enforcement agency may disclose a presentence investigation only when:
369 (a) ordered by the court in accordance with Subsection 63G-2-202(7);
370 (b) requested by a law enforcement agency or other agency approved by the department
371 for purposes of supervision, confinement, and treatment of a defendant;
372 (c) requested by the board;
373 (d) requested by the subject of the presentence investigation report or the subject's
374 authorized representative;
375 (e) requested by the victim of the offense discussed in the presentence investigation
376 report, or the victim's authorized representative, if the disclosure is only information relating
378 (i) statements or materials provided by the victim;
379 (ii) the circumstances of the offense, including statements by the defendant; or
380 (iii) the impact of the offense on the victim or the victim's household; or
381 (f) requested by a sex offender treatment provider:
382 (i) who is certified to provide treatment under the certification program established in
383 Subsection [
384 (ii) who is providing, at the time of the request, sex offender treatment to the offender
385 who is the subject of the presentence investigation report; and
386 (iii) who provides written assurance to the department that the report:
387 (A) is necessary for the treatment of the defendant;
388 (B) will be used solely for the treatment of the defendant; and
389 (C) will not be disclosed to an individual or entity other than the defendant.
390 (8) (a) At the time of sentence, the court shall receive any testimony, evidence, or
391 information that the defendant or the prosecuting attorney desires to present concerning the
392 appropriate sentence.
393 (b) Testimony, evidence, or information under Subsection (8)(a) shall be presented in
394 open court on record and in the presence of the defendant.