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