1     
PRETRIAL RELEASE MODIFICATIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Katy Hall

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to pretrial release.
10     Highlighted Provisions:
11          This bill:
12          ▸     repeals statutes related to bail commissioners;
13          ▸     defines terms related to bail and pretrial release;
14          ▸     addresses the right to bail;
15          ▸     amends provisions regarding pretrial release by a county sheriff or the county
16     sheriff's designee;
17          ▸     amends provisions regarding the written policy by a county sheriff for releasing an
18     individual on the individual's own recognizance;
19          ▸     amends provisions regarding pretrial release by a judge or magistrate;
20          ▸     provides that a magistrate or judge may not base a determination about pretrial
21     release solely on the nature of the offense that the individual was arrested for or
22     charged with;
23          ▸     addresses the modification of a pretrial status order when a defendant fails to appear
24     at a required court appearance or when a defendant has not paid the amount of a
25     financial condition within a certain period of time;
26          ▸     grants an expedited right of appeal to a defendant who is ordered to be detained
27     pretrial; and
28          ▸     makes technical and conforming changes.
29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          None
33     Utah Code Sections Affected:
34     AMENDS:
35          17-22-32, as last amended by Laws of Utah 2022, Chapter 187
36          77-20-102, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
37          77-20-201, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
38          77-20-203, as renumbered and amended by Laws of Utah 2021, Second Special
39     Session, Chapter 4
40          77-20-204, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
41          77-20-205, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
42          77-20-207, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
43          77-20-208, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
44          77-20-301, as renumbered and amended by Laws of Utah 2021, Second Special
45     Session, Chapter 4
46          77-20-302, as renumbered and amended by Laws of Utah 2021, Second Special
47     Session, Chapter 4
48          77-20-401, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
49     ENACTS:
50          77-20-209, Utah Code Annotated 1953
51     REPEALS:
52          10-3-921, as last amended by Laws of Utah 1990, Chapter 283
53          10-3-922, as last amended by Laws of Utah 1990, Chapter 283
54          17-32-1, as last amended by Laws of Utah 2021, Second Special Session, Chapter 4
55          17-32-2, as last amended by Laws of Utah 2021, Second Special Session, Chapter 4
56          17-32-3, as last amended by Laws of Utah 1990, Chapter 283
57          17-32-4, as last amended by Laws of Utah 1990, Chapter 283
58     

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