2
3
4
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7 LONG TITLE
8 General Description:
9 This bill amends and enacts provisions related to inmates in correctional facilities.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ changes the words "inmate" and "prisoner" to "incarcerated individual" throughout
14 the Utah Code;
15 ▸ addresses the supervision of emergency medical technicians providing medical
16 services in a correctional facility;
17 ▸ requires the Department of Health and Human Services to establish a pilot program
18 for medical monitoring;
19 ▸ requires the notification of an inmate's designated medical contact in certain
20 circumstances; and
21 ▸ makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides revisor instructions.
26 Utah Code Sections Affected:
27 AMENDS:
28 10-8-58.5, as last amended by Laws of Utah 2010, Chapter 378
29 13-26-11, as last amended by Laws of Utah 2022, Chapter 324
30 13-45-301, as enacted by Laws of Utah 2006, Chapter 344
31 17-18a-506, as enacted by Laws of Utah 2021, Chapter 142
32 17-22-2, as last amended by Laws of Utah 2022, Chapter 335
33 17-22-2.5, as last amended by Laws of Utah 2018, Chapter 86
34 17-22-3, as Utah Code Annotated 1953
35 17-22-5, as last amended by Laws of Utah 2004, Chapter 301
36 17-22-5.5, as last amended by Laws of Utah 2022, Chapter 115
37 17-22-6, as last amended by Laws of Utah 2011, Chapter 297
38 17-22-7, as last amended by Laws of Utah 1993, Chapter 227
39 17-22-8, as last amended by Laws of Utah 2022, Chapter 123
40 17-22-9, as Utah Code Annotated 1953
41 17-22-19, as Utah Code Annotated 1953
42 17-22-28, as enacted by Laws of Utah 1996, Chapter 94
43 17-22-29, as enacted by Laws of Utah 1996, Chapter 237
44 17-22-32, as last amended by Laws of Utah 2022, Chapter 187
45 17-22-33, as enacted by Laws of Utah 2020, Chapter 65
46 17-25-3, as renumbered and amended by Laws of Utah 2001, Chapter 46
47 17-50-319, as last amended by Laws of Utah 2021, Chapter 260
48 17-53-311, as last amended by Laws of Utah 2011, Chapter 297
49 17D-1-201, as last amended by Laws of Utah 2021, Chapter 339
50 26-18-3, as last amended by Laws of Utah 2021, Chapter 422
51 26-18-421, as enacted by Laws of Utah 2020, Chapter 159
52 26-40-105, as last amended by Laws of Utah 2019, Chapter 393
53 31A-35-701, as last amended by Laws of Utah 2016, Chapter 234
54 34-40-104, as last amended by Laws of Utah 2008, Chapter 382
55 35A-4-205, as last amended by Laws of Utah 2006, Chapter 22
56 39A-5-111, as renumbered and amended by Laws of Utah 2022, Chapter 373
57 39A-5-112, as renumbered and amended by Laws of Utah 2022, Chapter 373
58 51-7-4, as last amended by Laws of Utah 2020, Chapter 365
59 53-2a-602, as last amended by Laws of Utah 2016, Chapters 83, 134
60 53-10-404, as last amended by Laws of Utah 2021, Chapter 262
61 53-13-104, as last amended by Laws of Utah 2022, Chapter 10
62 53B-7-103, as last amended by Laws of Utah 2022, Chapter 421
63 58-37-8, as last amended by Laws of Utah 2022, Chapters 116, 415 and 430
64 59-12-402.1, as last amended by Laws of Utah 2017, Chapter 422
65 62A-2-120, as last amended by Laws of Utah 2022, Chapters 185, 335, 430, and 468
66 62A-15-103, as last amended by Laws of Utah 2022, Chapters 187, 255 and 415
67 62A-15-605.5, as renumbered and amended by Laws of Utah 2002, Fifth Special
68 Session, Chapter 8
69 62A-15-902, as last amended by Laws of Utah 2011, Chapter 366
70 63A-16-1002, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
71 Coordination Clause, Laws of Utah 2022, Chapter 390
72 63A-17-301, as last amended by Laws of Utah 2022, Chapter 209
73 63A-17-307, as last amended by Laws of Utah 2022, Chapters 169, 209
74 63B-6-502, as last amended by Laws of Utah 2021, Chapter 280
75 63B-12-301, as enacted by Laws of Utah 2003, Chapter 302
76 63G-2-301, as last amended by Laws of Utah 2020, Chapters 255, 399
77 63G-3-201, as last amended by Laws of Utah 2020, Chapter 408
78 63G-4-102, as last amended by Laws of Utah 2022, Chapter 307
79 63J-1-602.1, as last amended by Laws of Utah 2022, Chapters 48, 191, 255, 335, 415,
80 and 451
81 63M-7-204, as last amended by Laws of Utah 2022, Chapter 187
82 63M-7-526, as enacted by Laws of Utah 2020, Chapter 230
83 64-9b-1, as last amended by Laws of Utah 2011, Chapter 366
84 64-9b-2, as last amended by Laws of Utah 1999, Chapter 21
85 64-9b-3, as last amended by Laws of Utah 1997, Chapter 158
86 64-9b-4, as last amended by Laws of Utah 1997, Chapter 158
87 64-9b-5, as last amended by Laws of Utah 1997, Chapter 158
88 64-13-1, as last amended by Laws of Utah 2021, Chapters 85, 246 and 260
89 64-13-14.5, as last amended by Laws of Utah 2015, Chapter 412
90 64-13-15, as last amended by Laws of Utah 1991, Chapter 124
91 64-13-16, as last amended by Laws of Utah 1997, Chapters 10, 375
92 64-13-17, as last amended by Laws of Utah 2008, Chapter 382
93 64-13-21, as last amended by Laws of Utah 2022, Chapter 187
94 64-13-25, as last amended by Laws of Utah 2015, Chapter 412
95 64-13-30, as last amended by Laws of Utah 2016, Chapter 243
96 64-13-30.5, as enacted by Laws of Utah 2009, Chapter 258
97 64-13-32, as last amended by Laws of Utah 1993, Chapter 49
98 64-13-34, as last amended by Laws of Utah 1987, Chapter 116
99 64-13-36, as last amended by Laws of Utah 1994, Chapters 12, 148
100 64-13-38, as last amended by Laws of Utah 2012, Chapter 21
101 64-13-39.5, as last amended by Laws of Utah 2009, Chapter 355
102 64-13-40, as enacted by Laws of Utah 1996, Chapter 88
103 64-13-42, as last amended by Laws of Utah 2018, Chapter 415
104 64-13-43, as enacted by Laws of Utah 2008, Chapter 368
105 64-13-44, as enacted by Laws of Utah 2013, Chapter 256
106 64-13-45, as last amended by Laws of Utah 2019, Chapters 311, 385
107 64-13-46, as enacted by Laws of Utah 2019, Chapter 385
108 64-13-47, as enacted by Laws of Utah 2021, Chapter 44
109 64-13-48, as enacted by Laws of Utah 2022, Chapter 144
110 64-13d-103, as enacted by Laws of Utah 1999, Chapter 288
111 64-13d-104, as enacted by Laws of Utah 1999, Chapter 288
112 64-13d-105, as enacted by Laws of Utah 1999, Chapter 288
113 64-13d-106, as enacted by Laws of Utah 1999, Chapter 288
114 64-13d-107, as enacted by Laws of Utah 1999, Chapter 288
115 64-13e-102, as last amended by Laws of Utah 2022, Chapter 370
116 64-13e-103, as last amended by Laws of Utah 2022, Chapter 187
117 64-13e-103.2, as enacted by Laws of Utah 2021, Chapter 366
118 64-13e-104, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
119 64-13e-105, as last amended by Laws of Utah 2021, Chapters 366, 382
120 64-13g-101, as enacted by Laws of Utah 2022, Chapter 393
121 76-3-201, as repealed and reenacted by Laws of Utah 2021, Chapter 260 and last
122 amended by Coordination Clause, Laws of Utah 2021, Chapter 261
123 76-3-202, as last amended by Laws of Utah 2022, Chapter 181
124 76-3-203.5, as last amended by Laws of Utah 2022, Chapters 181, 185 and 418
125 76-3-203.6, as last amended by Laws of Utah 2022, Chapter 181
126 76-3-403, as last amended by Laws of Utah 1998, Chapter 91
127 76-3-403.5, as last amended by Laws of Utah 2007, Chapter 148
128 76-5-101, as last amended by Laws of Utah 2022, Chapter 181
129 76-5-102.5, as last amended by Laws of Utah 2022, Chapter 181
130 76-5-102.6, as last amended by Laws of Utah 2022, Chapter 181
131 76-5-102.7, as last amended by Laws of Utah 2022, Chapters 117, 181
132 76-5-103.5, as last amended by Laws of Utah 2022, Chapter 181
133 76-5-412, as last amended by Laws of Utah 2022, Chapter 181
134 76-8-309, as last amended by Laws of Utah 2022, Chapter 181
135 76-8-311.3, as last amended by Laws of Utah 2020, Chapters 302, 347
136 76-8-318, as last amended by Laws of Utah 2022, Chapters 181, 335
137 77-16b-102, as last amended by Laws of Utah 2021, Chapter 262
138 77-16b-103, as enacted by Laws of Utah 2012, Chapter 355
139 77-16b-104, as enacted by Laws of Utah 2012, Chapter 355
140 77-18-112, as renumbered and amended by Laws of Utah 2021, Chapter 260
141 77-18a-1, as last amended by Laws of Utah 2021, Second Special Session, Chapter 4
142 77-19-3, as last amended by Laws of Utah 2007, Chapter 148
143 77-19-4, as last amended by Laws of Utah 2007, Chapters 148, 306
144 77-19-5, as enacted by Laws of Utah 1980, Chapter 15
145 77-19-201, as last amended by Laws of Utah 2005, Chapter 71
146 77-19-202, as last amended by Laws of Utah 2008, Chapter 382
147 77-19-203, as enacted by Laws of Utah 2004, Chapter 137
148 77-19-204, as enacted by Laws of Utah 2004, Chapter 137
149 77-19-205, as enacted by Laws of Utah 2004, Chapter 137
150 77-19-206, as enacted by Laws of Utah 2004, Chapter 137
151 77-23-301, as enacted by Laws of Utah 2008, Chapter 357
152 77-27-1, as last amended by Laws of Utah 2021, Chapters 21, 260
153 77-27-1.5, as enacted by Laws of Utah 2010, Chapter 110
154 77-27-5.3, as last amended by Laws of Utah 2011, Chapter 366
155 77-27-8, as last amended by Laws of Utah 2010, Chapter 110
156 77-27-9, as last amended by Laws of Utah 2022, Chapter 430
157 77-27-10, as last amended by Laws of Utah 2022, Chapter 430
158 77-28b-5, as enacted by Laws of Utah 1990, Chapter 324
159 77-28b-6, as enacted by Laws of Utah 1990, Chapter 324
160 77-28b-7, as enacted by Laws of Utah 1990, Chapter 324
161 77-28b-8, as enacted by Laws of Utah 1990, Chapter 324
162 77-28b-9, as enacted by Laws of Utah 1990, Chapter 324
163 77-30-10, as enacted by Laws of Utah 1980, Chapter 15
164 77-30-12, as enacted by Laws of Utah 1980, Chapter 15
165 77-30-18, as last amended by Laws of Utah 2018, Chapter 281
166 77-33-2, as enacted by Laws of Utah 1980, Chapter 15
167 77-33-6, as enacted by Laws of Utah 1980, Chapter 15
168 77-38-2, as last amended by Laws of Utah 1997, Chapter 103
169 77-38-4, as last amended by Laws of Utah 2011, Chapter 28
170 78A-2-302, as last amended by Laws of Utah 2022, Chapter 272
171 78A-2-305, as last amended by Laws of Utah 2022, Chapter 272
172 78B-2-302, as last amended by Laws of Utah 2017, Chapter 204
173 78B-6-603, as renumbered and amended by Laws of Utah 2008, Chapter 3
174 78B-8-401, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 16
175 78B-8-402, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 16
176 78B-22-404, as last amended by Laws of Utah 2022, Chapter 451
177 78B-22-452, as last amended by Laws of Utah 2021, Chapter 228
178 78B-22-454, as last amended by Laws of Utah 2022, Chapter 451
179 78B-22-455, as last amended by Laws of Utah 2022, Chapter 451
180 78B-22-701, as last amended by Laws of Utah 2022, Chapters 281, 451
181 80-6-204, as renumbered and amended by Laws of Utah 2021, Chapter 261
182 ENACTS:
183 26B-4-301, Utah Code Annotated 1953
184 64-13-39.4, Utah Code Annotated 1953
185 64-13-49, Utah Code Annotated 1953
186 REPEALS:
187 77-16b-101, as enacted by Laws of Utah 2012, Chapter 355
188
189 Be it enacted by the Legislature of the state of Utah:
190 Section 1. Section 10-8-58.5 is amended to read:
191 10-8-58.5. Contracting for management, maintenance, operation, or construction
192 of jails.
193 (1) (a) The governing body of a city or town may contract with private contractors for
194 management, maintenance, operation, and construction of city jails.
195 (b) The governing body may include a provision in the contract that requires that any
196 jail facility meet any federal, state, or local standards for the construction of jails.
197 (2) If the governing body contracts only for the management, maintenance, or
198 operation of a jail, the governing body shall include provisions in the contract that:
199 (a) require the private contractor to post a performance bond in the amount set by the
200 governing body;
201 (b) establish training standards that shall be met by jail personnel;
202 (c) require the private contractor to provide and fund training for jail personnel so that
203 the personnel meet the standards established in the contract and any other federal, state, or local
204 standards for the operation of jails and the treatment of [
205 individual;
206 (d) require the private contractor to indemnify the city or town for errors, omissions,
207 defalcations, and other activities committed by the private contractor that result in liability to
208 the city or town;
209 (e) require the private contractor to show evidence of liability insurance protecting the
210 city or town and its officers, employees, and agents from liability arising from the construction,
211 operation, or maintenance of the jail, in an amount not less than those specified in Title 63G,
212 Chapter 7, Governmental Immunity Act of Utah;
213 (f) require the private contractor to:
214 (i) receive all [
215 authority; and
216 (ii) provide them with necessary food, clothing, and bedding in the manner prescribed
217 by the governing body; and
218 (g) prohibit the use of [
219 private business purposes of any kind.
220 (3) A contractual provision requiring the private contractor to maintain liability
221 insurance in an amount not less than the liability limits established by Title 63G, Chapter 7,
222 Governmental Immunity Act of Utah, may not be construed as waiving the limitation on
223 damages recoverable from a governmental entity or its employees established by that chapter.
224 Section 2. Section 13-26-11 is amended to read:
225 13-26-11. Prohibited practices.
226 (1) It is unlawful for a seller to:
227 (a) solicit a prospective purchaser if the seller is not registered with the division or
228 exempt from registration under this chapter;
229 (b) in connection with a telephone solicitation or a filing with the division, make or
230 cause to be made a false material statement or fail to disclose a material fact necessary to make
231 the seller's statement not misleading;
232 (c) make or authorize the making of a misrepresentation to a purchaser or prospective
233 purchaser about the seller's compliance with this chapter;
234 (d) fail to refund within 30 days any amount due a purchaser who exercises the right to
235 cancel under Section 13-26-5;
236 (e) unless the seller is exempt under Section 13-26-4, fail to orally advise a purchaser
237 of the purchaser's right to cancel under Section 13-26-5;
238 (f) employ an [
239 soliciting operations when the employment would give the [
240 access to an individual's personal data, including the individual's name, address, telephone
241 number, Social Security number, credit card information, or physical description; or
242 (g) cause or permit a solicitor to violate a provision of this chapter.
243 (2) It is unlawful for a solicitor to:
244 (a) use a fictitious personal name in connection with a telephone solicitation;
245 (b) in connection with a telephone solicitation, make or cause to be made a false
246 material statement or fail to disclose a material fact necessary to make the solicitor's statement
247 not misleading;
248 (c) make a misrepresentation to a purchaser or prospective purchaser about the
249 solicitor's compliance with this chapter; or
250 (d) unless the solicitor is exempt under Section 13-26-4, fail to orally advise a
251 purchaser of the purchaser's right to cancel under Section 13-26-5.
252 (3) If a person knows or has reason to know that a seller or solicitor is engaged in an
253 act or practice that violates this chapter, it is unlawful for the person to:
254 (a) benefit from the seller's or solicitor's services; or
255 (b) provide substantial assistance or support to the seller or solicitor.
256 Section 3. Section 13-45-301 is amended to read:
257 13-45-301. Protection of personal information.
258 (1) Except as allowed by other law, a person may not display a Social Security number
259 in a manner or location that is likely to be open to public view.
260 (2) The state, or a branch, agency, or political subdivision of the state, may not employ
261 or contract for the employment of an [
262 Corrections facility or county jail in any capacity that would allow [
263 individual access to [
264 Section 4. Section 17-18a-506 is amended to read:
265 17-18a-506. Correctional facility telephone service contracts -- Approval by civil
266 counsel -- Required rates.
267 (1) As used in this section:
268 (a) "Civil counsel" means the attorney, as that term is defined in Section 17-18a-102,
269 who is exercising the attorney's civil duties for the county.
270 (b) "Correctional facility" means the same as that term is defined in Section
271 77-16b-102.
272 (c) "Correctional facility telephone service" means a public telecommunications
273 service provided to a correctional facility for [
274 (d) [
275 custody of or housed in a correctional facility.
276 (e) [
277 amount a correctional facility or a service provider charges an [
278 for use of a correctional facility telephone service, including each per-minute rate or surcharge
279 for:
280 (i) a collect call, a prepaid phone card, or any other method by which a correctional
281 facility allows an [
282 service; or
283 (ii) a local or a long-distance phone call.
284 (f) "Service provider" means a public entity or a private entity that provides a
285 correctional facility telephone service.
286 (2) (a) A correctional facility shall consider the importance of [
287 individual access to telephones in preserving family connections and reducing recidivism when
288 proposing an [
289 correctional facility telephone service.
290 (b) A correctional facility or other state entity may not enter into or renew a contract
291 for a correctional facility telephone service, unless the contract is approved by the civil counsel.
292 (c) To obtain approval of a contract described in Subsection (2)(b), a correctional
293 facility or other state entity shall submit to the civil counsel:
294 (i) the proposed contract;
295 (ii) documentation that the correctional facility or other state entity has confirmed that:
296 (A) the provisions of the contract, other than the rates described in Subsection (3)(a),
297 are consistent with correctional facility telephone service contracts throughout the state; and
298 (B) the contract provides for adequate services that meet the needs of the correctional
299 facility; and
300 (iii) any additional information the civil counsel requires to analyze the contract.
301 (3) (a) The civil counsel shall review a contract and any additional information
302 described in Subsection (2)(b) to determine whether:
303 (i) each [
304 the contract exceeds the corresponding [
305 monetary cap per-use rate established and published by the Federal Communications
306 Commission; and
307 (ii) each [
308 the contract exceeds the greater of:
309 (A) 25% higher than the corresponding [
310 service monetary cap per-use rate established and published by the Federal Communications
311 Commission; or
312 (B) the corresponding [
313 established and published by the Utah Department of Corrections.
314 (b) (i) After receiving and reviewing the proposed contract and additional information,
315 the civil counsel shall approve the contract if the proposed contract meets the requirements
316 described in Subsection (3)(a).
317 (ii) The civil counsel shall inform the correctional facility or other state entity of the
318 civil counsel's determination.
319 Section 5. Section 17-22-2 is amended to read:
320 17-22-2. Sheriff -- General duties.
321 (1) The sheriff shall:
322 (a) preserve the peace;
323 (b) make all lawful arrests;
324 (c) attend in person or by deputy the Supreme Court and the Court of Appeals when
325 required or when the court is held within [
326 court commissioner and referee sessions held within [
327 court's lawful orders and directions, and comply with the court security rule, Rule 3-414, of the
328 Utah Code of Judicial Administration;
329 (d) upon request of the juvenile court, aid the court in maintaining order during
330 hearings and transport a minor to and from youth corrections facilities, other institutions, or
331 other designated places;
332 (e) attend county justice courts if the judge finds that the matter before the court
333 requires the sheriff's attendance for security, transportation, and escort of [
334 incarcerated individuals in the sheriff's custody, or for the custody of jurors;
335 (f) command the aid of as many inhabitants of [
336 sheriff considers necessary in the execution of these duties;
337 (g) take charge of and keep the county jail and the [
338 individuals in the jail;
339 (h) receive and safely keep all [
340 custody, file and preserve the commitments of those [
341 name, age, place of birth, and description of each [
342 (i) release on the record all attachments of real property when the attachment [
343 sheriff receives has been released or discharged;
344 (j) endorse on all process and notices the year, month, day, hour, and minute of
345 reception, and, upon payment of fees, issue a certificate to the [
346 process or notice showing the names of the parties, title of paper, and the time of receipt;
347 (k) serve all process and notices as prescribed by law;
348 (l) if [
349 notices the manner, time, and place of service, or, if [
350 certify the reason upon the process or notice, and return them without delay;
351 (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
352 land within his county;
353 (n) perform as required by any contracts between the county and private contractors for
354 management, maintenance, operation, and construction of county jails entered into under the
355 authority of Section 17-53-311;
356 (o) for [
357 interlocal agreement for law enforcement service under Title 11, Chapter 13, Interlocal
358 Cooperation Act, provide law enforcement service as provided in the interlocal agreement;
359 (p) manage search and rescue services in his county;
360 (q) obtain saliva DNA specimens as required under Section 53-10-404;
361 (r) [
362 detention, or search of [
363 considerations of race, color, ethnicity, age, or gender;
364 (s) as applicable, select a representative of law enforcement to serve as a member of a
365 child protection team, as defined in Section 80-1-102; and
366 (t) perform any other duties that are required by law.
367 (2) (a) Violation of Subsection (1)(j) is a class C misdemeanor.
368 (b) Violation of any other subsection under Subsection (1) is a class A misdemeanor.
369 (3) (a) As used in this Subsection (3):
370 (i) "Police interlocal entity" has the same meaning as defined in Sections 17-30-3 and
371 17-30a-102.
372 (ii) "Police local district" has the same meaning as defined in Section 17-30-3.
373 (b) Except as provided in Subsections (3)(c) and 11-13-202(4), a sheriff in a county
374 which includes within [
375 entity, or both:
376 (i) serves as the chief executive officer of each police local district and police interlocal
377 entity within the county with respect to the provision of law enforcement service within the
378 boundary of the police local district or police interlocal entity, respectively; and
379 (ii) is subject to the direction of the police local district board of trustees or police
380 interlocal entity governing body, as the case may be, as and to the extent provided by
381 agreement between the police local district or police interlocal entity, respectively, and the
382 sheriff.
383 (c) Notwithstanding Subsection (3)(b), and except as provided in Subsection
384 11-13-202(4), if a police interlocal entity or police local district enters an interlocal agreement
385 with a public agency, as defined in Section 11-13-103, for the provision of law enforcement
386 service, the sheriff:
387 (i) does not serve as the chief executive officer of any interlocal entity created under
388 that interlocal agreement, unless the agreement provides for the sheriff to serve as the chief
389 executive officer; and
390 (ii) shall provide law enforcement service under that interlocal agreement as provided
391 in the agreement.
392 Section 6. Section 17-22-2.5 is amended to read:
393 17-22-2.5. Fees of sheriff.
394 (1) (a) The legislative body of a county may set a fee for a service described in this
395 section and charged by the county sheriff:
396 (i) in an ordinance adopted under Section 17-53-223; and
397 (ii) in an amount reasonably related to, but not exceeding, the actual cost of providing
398 the service.
399 (b) If the legislative body of a county does not under Subsection (1)(a) set a fee
400 charged by the county sheriff, the sheriff shall charge a fee in accordance with Subsections (2)
401 through (7).
402 (2) Unless under Subsection (1) the legislative body of a county sets a fee amount for a
403 fee described in this Subsection (2), the sheriff shall charge the following fees:
404 (a) for serving a notice, rule, order, subpoena, garnishment, summons, or summons and
405 complaint, or garnishee execution, or other process by which an action or proceeding is
406 commenced, on each defendant, including copies when furnished by plaintiff, $20;
407 (b) for taking or approving a bond or undertaking in any case in which he is authorized
408 to take or approve a bond or undertaking, including justification, $5;
409 (c) for a copy of any writ, process or other paper when demanded or required by law,
410 for each folio, 50 cents;
411 (d) for serving an attachment on property, or levying an execution, or executing an
412 order of arrest or an order for the delivery of personal property, including copies when
413 furnished by plaintiff, $50;
414 (e) for taking and keeping possession of and preserving property under attachment or
415 execution or other process, the amount the court orders to a maximum of $15 per day;
416 (f) for advertising property for sale on execution, or any judgment, or order of sale,
417 exclusive of the cost of publication, $15;
418 (g) for drawing and executing a sheriff's deed or a certificate of redemption, exclusive
419 of acknowledgment, $15, to be paid by the grantee;
420 (h) for recording each deed, conveyance, or other instrument affecting real estate,
421 exclusive of the cost of recording, $10, to be paid by the grantee;
422 (i) for serving a writ of possession or restitution, and putting any person entitled to
423 possession into possession of premises, and removing occupant, $50;
424 (j) for holding each trial of right of property, to include all services in the matter,
425 except mileage, $35;
426 (k) for conducting, postponing, or canceling a sale of property, $15;
427 (l) for taking [
428 court or magistrate, for each mile necessarily traveled, in going only, to a maximum of 100
429 miles, $2.50;
430 (m) for taking [
431 in civil cases, or before a court or magistrate, for each mile necessarily traveled, in going only,
432 to a maximum of 100 miles, $2.50;
433 (n) for receiving and paying over money on execution or other process, as follows:
434 (i) if the amount collected does not exceed $1,000, 2% of this amount, with a
435 minimum of $1; and
436 (ii) if the amount collected exceeds $1,000, 2% on the first $1,000 and 1-1/2% on the
437 balance; and
438 (o) for executing in duplicate a certificate of sale, exclusive of filing it, $10.
439 (3) The fees allowed by Subsection (2)(f) for the levy of execution and for advertising
440 shall be collected from the judgment debtor as part of the execution in the same manner as the
441 sum directed to be made.
442 (4) When serving an attachment on property, an order of arrest, or an order for the
443 delivery of personal property, the sheriff may only collect traveling fees for the distance
444 actually traveled beyond the distance required to serve the summons if the attachment or those
445 orders:
446 (a) accompany the summons in the action; and
447 (b) may be executed at the time of the service of the summons.
448 (5) (a) (i) When traveling generally to serve notices, orders, process, or other papers,
449 the sheriff may receive, except as otherwise provided under Subsection (1)(a), $2.50 for each
450 mile necessarily traveled, in going only, computed from the courthouse for each person served,
451 to a maximum of 100 miles.
452 (ii) When transmitting notices, orders, process, or other papers by mail, the sheriff may
453 receive, except as otherwise provided under Subsection (1)(a), $2.50 for each mile necessarily
454 traveled, in going only, computed from the post office where received for each person served,
455 to a maximum of 100 miles.
456 (b) The sheriff may only charge one mileage fee if any two or more papers are required
457 to be served in the same action or proceeding at the same time and at the same address.
458 (c) If it is necessary to make more than one trip to serve any notice, order, process, or
459 other paper, the sheriff may not collect more than two additional mileage charges.
460 (6) (a) For transporting a patient to the Utah State Hospital or to or from a hospital or a
461 mental health facility, as defined in Section 62A-15-602, when the cost of transportation is
462 payable by private individuals, the sheriff may collect, except as otherwise provided under
463 Subsection (1)(a), $2.50 for each mile necessarily traveled, in going only, to a maximum of 100
464 miles.
465 (b) If the sheriff requires assistance to transport the person, the sheriff may also charge
466 the actual and necessary cost of that assistance.
467 (7) (a) Subject to Subsection (7)(b), for obtaining a saliva DNA specimen under
468 Section 53-10-404, the sheriff shall collect the fee of $150 in accordance with Section
469 53-10-404.
470 (b) The fee amount described in Subsection (7)(a) may not be changed by a county
471 legislative body under Subsection (1).
472 Section 7. Section 17-22-3 is amended to read:
473 17-22-3. Transfer of incarcerated individuals to state prison.
474 The sheriff of the county in which [
475 confinement in the state prison, or is sentenced to death, shall cause [
476 incarcerated individual to be removed from the county jail within five days after the sentence
477 and conveyed to the state prison and delivered to the warden thereof.
478 Section 8. Section 17-22-5 is amended to read:
479 17-22-5. Sheriff's classification of jail incarcerated individuals -- Classification
480 criteria -- Alternative incarceration programs -- Limitation.
481 (1) (a) Except as provided in Subsection (4), the sheriff shall adopt and implement
482 written policies for admission of [
483 classification of [
484 separation of [
485 reasonably provide for the safety and well-being of [
486 community.
487 (b) To the extent authorized by law, any written admission policies shall be applied
488 equally to all entities using the county correctional facilities.
489 (2) Except as provided in Subsection (4), each county sheriff shall assign [
490 incarcerated individuals to a facility or section of a facility based on classification criteria that
491 the sheriff develops and maintains.
492 (3) (a) Except as provided in Subsection (4), a county sheriff may develop and
493 implement alternative incarceration programs that may or may not involve housing [
494 an incarcerated individual in a jail facility.
495 (b) [
496 program under Subsection (3)(a) shall be considered to be in the full custody and control of the
497 sheriff for purposes of Section 76-8-309.
498 (c) [
499 incarceration program under Subsection (3)(a) unless:
500 (i) the jail facility is at maximum operating capacity, as established under Subsection
501 17-22-5.5(2); or
502 (ii) ordered by the court.
503 (4) This section may not be construed to authorize a sheriff to modify provisions of a
504 contract with the Department of Corrections to house in a county jail [
505 sentenced to the Department of Corrections.
506 Section 9. Section 17-22-5.5 is amended to read:
507 17-22-5.5. Sheriff's classification of jail facilities -- Maximum operating capacity
508 of jail facilities -- Transfer or release of incarcerated individuals -- Limitation -- Records
509 regarding release.
510 (1) (a) Except as provided in Subsection (4), a county sheriff shall determine:
511 (i) subject to Subsection (1)(b), the classification of each jail facility or section of a jail
512 facility under the sheriff's control;
513 (ii) the nature of each program conducted at a jail facility under the sheriff's control;
514 and
515 (iii) the internal operation of a jail facility under the sheriff's control.
516 (b) A classification under Subsection (1)(a)(i) of a jail facility may not violate any
517 applicable zoning ordinance or conditional use permit of the county or municipality.
518 (2) Except as provided in Subsection (4), each county sheriff shall:
519 (a) with the approval of the county legislative body, establish a maximum operating
520 capacity for each jail facility under the sheriff's control, based on facility design and staffing;
521 and
522 (b) upon a jail facility reaching the jail facility's maximum operating capacity:
523 (i) transfer [
524 (A) under the sheriff's control; or
525 (B) available to the sheriff by contract;
526 (ii) release [
527 (A) to a supervised release program, according to release criteria established by the
528 sheriff; or
529 (B) to another alternative incarceration program developed by the sheriff; or
530 (iii) admit [
531 admissions policy imposed equally upon all entities using the county jail.
532 (3) (a) The sheriff shall keep records of the release status and the type of release
533 program or alternative incarceration program for any [
534 under Subsection (2)(b)(ii).
535 (b) The sheriff shall make these records available upon request to the Department of
536 Corrections, the Judiciary, and the Commission on Criminal and Juvenile Justice.
537 (4) This section may not be construed to authorize a sheriff to modify provisions of a
538 contract with the Department of Corrections to house in a county jail an individual sentenced to
539 the Department of Corrections.
540 (5) Regardless of whether a jail facility has reached the jail facility's maximum
541 operating capacity under Subsection (2), a sheriff may release an individual from a jail facility
542 in accordance with Section 77-20-203 or 77-20-204.
543 (6) (a) Subject to Subsection (6)(c), a jail facility shall detain an individual for up to 24
544 hours from booking if:
545 (i) the individual is on supervised probation or parole and that information is
546 reasonably available; and
547 (ii) the individual was arrested for:
548 (A) a violent felony as defined in Section 76-3-203.5; or
549 (B) a qualifying domestic violence offense as defined in Subsection 77-36-1.1(4) that
550 is not a criminal mischief offense.
551 (b) The jail facility shall notify the entity supervising the individual's probation or
552 parole that the individual is being detained.
553 (c) (i) The jail facility shall release the individual:
554 (A) to the Department of Corrections if the Department of Corrections supervises the
555 individual and requests the individual's release; or
556 (B) if a court or magistrate orders release.
557 (ii) Nothing in this Subsection (6) prohibits a jail facility from holding the individual in
558 accordance with Title 77, Chapter 20, Bail, for new criminal conduct.
559 Section 10. Section 17-22-6 is amended to read:
560 17-22-6. Service of process on incarcerated individuals -- Penalty.
561 (1) A sheriff or jailer upon whom a paper in a judicial proceeding directed to [
562
563 deliver the paper to the [
564 [
565 (2) A sheriff or jailer who neglects to comply with Subsection (1) is liable to the
566 [
567 Section 11. Section 17-22-7 is amended to read:
568 17-22-7. Special guards for jail.
569 The sheriff when necessary may with the assent of the county executive employ a
570 temporary guard for the protection of the county jail, or for the safekeeping of [
571 incarcerated individuals, and the expenses thereof shall be a county charge.
572 Section 12. Section 17-22-8 is amended to read:
573 17-22-8. Care of incarcerated individual -- Funding of services -- Private
574 contractor.
575 (1) Except as provided in Subsection (5), a sheriff shall:
576 (a) receive each individual committed to jail by competent authority;
577 (b) provide each [
578 bedding in the manner prescribed by the county legislative body;
579 (c) provide each [
580 (i) the [
581 injury;
582 (ii) the [
583 substantially alleviated; and
584 (iii) the potential for harm to the [
585 medical care would be substantial; and
586 (d) provide each [
587 the option of continuing any of the following medically prescribed methods of contraception:
588 (i) an oral contraceptive;
589 (ii) an injectable contraceptive;
590 (iii) a patch;
591 (iv) a vaginal ring; or
592 (v) an intrauterine device, if the [
593 intrauterine device because the [
594 persistent adverse effects when using the methods of contraception described in Subsections
595 (1)(d)(i) and (ii).
596 (2) A sheriff may provide the generic form of a contraceptive described in Subsection
597 (1)(d)(i) or (ii).
598 (3) A sheriff shall follow:
599 (a) the provisions of Section 64-13-46 if [
600 pregnant and gives birth, including the reporting requirements in Subsection 64-13-45(2)(c)[
601 and
602 (b) the medical notification provisions of Section 64-13-49.
603 (4) (a) Except as provided in Subsection (4)(b), the expense incurred in providing the
604 services required by this section to [
605 county treasury, except as provided in Section 17-22-10.
606 (b) The expense incurred in providing the services described in Subsection (1)(d) to
607 [
608 Services.
609 (5) If the county executive contracts with a private contractor to provide the services
610 required by this section, the sheriff shall provide only those services required of the sheriff by
611 the contract between the county and the private contractor.
612 Section 13. Section 17-22-9 is amended to read:
613 17-22-9. Federal incarcerated individuals.
614 [
615 the state of Utah as well as [
616 courts for a violation of any of the laws of the United States shall be received and held in the
617 jail of any county under the same regulations and laws governing [
618 individuals held under the authority of this state, and upon such terms as to compensation as
619 may be agreed upon by the county and the United States.
620 Section 14. Section 17-22-19 is amended to read:
621 17-22-19. Action for escape or rescue -- Defenses.
622 An action [
623 escape of [
624 after [
625 action the [
626 any other [
627 Section 15. Section 17-22-28 is amended to read:
628 17-22-28. Maintaining order -- Imposing restitution.
629 (1) If [
630 [
631 lawful order and reasonable command, an officer or other employee of the jail may use all
632 reasonable means under the circumstances, including the use of a weapon, to defend [
633
634 with a lawful order and reasonable command.
635 (2) (a) A jail may request restitution from [
636 damaging jail property as part of an administrative disciplinary hearing.
637 (b) To enforce restitution, a jail may withdraw money from or place a hold on [
638
639 Section 16. Section 17-22-29 is amended to read:
640 17-22-29. Notice to county jail facilities.
641 (1) Before an order is entered granting visitation or correspondence between [
642
643 notice to the facility administrator.
644 (2) The court shall:
645 (a) provide an opportunity to the facility representative to respond before the order is
646 granted; and
647 (b) consider facility policy.
648 Section 17. Section 17-22-32 is amended to read:
649 17-22-32. County jail reporting requirements.
650 (1) As used in this section:
651 (a) "Commission" means the State Commission on Criminal and Juvenile Justice
652 created in Section 63M-7-201.
653 (b) (i) "In-custody death" means [
654 that occurs while the [
655 (ii) "In-custody death" includes [
656 occurs while the [
657 (A) being transported for medical care; or
658 (B) receiving medical care outside of a county jail.
659 (c) [
660 booked into custody or housed in a county jail in the state.
661 (d) "Opiate" means the same as that term is defined in Section 58-37-2.
662 (2) Each county jail shall submit a report to the commission before June 15 of each
663 year that includes, for the preceding calendar year:
664 (a) the average daily [
665 (b) the number of [
666 each month who identify as each race or ethnicity included in the Standards for Transmitting
667 Race and Ethnicity published by the Untied States Federal Bureau of Investigation;
668 (c) the number of [
669 (d) the number of [
670 on behalf of each of the following entities:
671 (i) the Bureau of Indian Affairs;
672 (ii) a state prison;
673 (iii) a federal prison;
674 (iv) the United States Immigration and Customs Enforcement; and
675 (v) any other entity with which a county jail has entered a contract to house [
676 incarcerated individuals on the entity's behalf;
677 (e) the number of [
678 held in the custody of the county jail while the [
679 disposition of the [
680 (f) for each [
681 (i) the name of the agency that arrested the [
682 (ii) the date and time the [
683 from the custody of the county jail;
684 (iii) if the [
685 jail, the reason the [
686 jail;
687 (iv) if the [
688 jail on a financial condition, whether the financial condition was set by a bail commissioner or
689 a court;
690 (v) the number of days the [
691 the county jail before disposition of the [
692 (vi) whether the [
693 county jail before final disposition of the [
694 and
695 (vii) the state identification number of the [
696 (g) the number of in-custody deaths that occurred at the county jail;
697 (h) for each in-custody death[
698 (i) the name, gender, race, ethnicity, age, and known or suspected medical diagnosis or
699 disability, if any, of the deceased;
700 (ii) the date, time, and location of death;
701 (iii) the law enforcement agency that detained, arrested, or was in the process of
702 arresting the deceased; and
703 (iv) a brief description of the circumstances surrounding the death;
704 (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of
705 each of the in-custody deaths described in Subsection (2)(g);
706 (j) the county jail's policy for notifying an [
707 kin after the [
708 (k) the county jail policies, procedures, and protocols:
709 (i) for treatment of an [
710 alcohol or substance use, including use of opiates;
711 (ii) that relate to the county jail's provision, or lack of provision, of medications used to
712 treat, mitigate, or address an [
713 including methadone and all forms of buprenorphine and naltrexone; and
714 (iii) that relate to screening, assessment, and treatment of an [
715 individual for a substance use or mental health disorder; and
716 (l) any report the county jail provides or is required to provide under federal law or
717 regulation relating to [
718 (3) (a) Subsection (2) does not apply to a county jail if the county jail:
719 (i) collects and stores the data described in Subsection (2); and
720 (ii) enters into a memorandum of understanding with the commission that allows the
721 commission to access the data described in Subsection (2).
722 (b) The memorandum of understanding described in Subsection (3)(a)(ii) shall include
723 a provision to protect any information related to an ongoing investigation and comply with all
724 applicable federal and state laws.
725 (c) If the commission accesses data from a county jail in accordance with Subsection
726 (3)(a), the commission may not release a report prepared from that data, unless:
727 (i) the commission provides the report for review to:
728 (A) the county jail; and
729 (B) any arresting agency that is named in the report; and
730 (ii) (A) the county jail approves the report for release;
731 (B) the county jail reviews the report and prepares a response to the report to be
732 published with the report; or
733 (C) the county jail fails to provide a response to the report within four weeks after the
734 day on which the commission provides the report to the county jail.
735 (4) The commission shall:
736 (a) compile the information from the reports described in Subsection (2);
737 (b) omit or redact any identifying information of an [
738 the compilation to the extent omission or redaction is necessary to comply with state and
739 federal law;
740 (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
741 Committee and the Utah Substance Use and Mental Health Advisory Council before November
742 1 of each year; and
743 (d) submit the compilation to the protection and advocacy agency designated by the
744 governor before November 1 of each year.
745 (5) The commission may not provide access to or use a county jail's policies,
746 procedures, or protocols submitted under this section in a manner or for a purpose not
747 described in this section.
748 (6) A report including only the names and causes of death of deceased [
749 incarcerated individuals and the facility in which [
750 held in custody shall be made available to the public.
751 Section 18. Section 17-22-33 is amended to read:
752 17-22-33. Commissary account disclosure requirements.
753 (1) As used in this section:
754 (a) "Commissary account" means an account from which an [
755 individual may withdraw money, deposited by the [
756 individual, to purchase discretionary items for sale by a correctional facility.
757 (b) "Commissary purchase" means a transaction initiated by an [
758 individual by which the [
759 sale by the correctional facility in exchange for money withdrawn from the [
760 incarcerated individual's commissary account.
761 (c) "Correctional facility" means the same as that term is defined in Section
762 77-16b-102.
763 (d) [
764 correctional facility for criminal charges or a criminal conviction.
765 (2) A correctional facility that employs a policy or practice by which the correctional
766 facility withdraws money from an [
767 any purpose other than a commissary purchase, must disclose that policy or practice to the
768 [
769 into the [
770 may accept and deposit the money into the [
771 account.
772 Section 19. Section 17-25-3 is amended to read:
773 17-25-3. Fees for constables -- Criminal.
774 (1) (a) In criminal matters constables shall be paid for each copy of a summons,
775 subpoena, notice, court order, or other criminal paper, except a warrant of arrest;
776 (i) $5 for each defendant served; and
777 (ii) mileage of $1 per mile for each mile necessarily traveled in going only, to be
778 computed from either the courthouse, or when transmitted by mail, from the post office where
779 received.
780 (b) If more than one trip is necessary to serve, or diligently attempt to serve, service of
781 process, mileage charges for more than two trips may be collected only if the party requesting
782 the service of process has approved the additional mileage charges.
783 (c) Each charge shall be individually documented on the affidavit of return of service.
784 (2) Lower charges may be established by contract for services under this section.
785 (3) If a constable serves process in a county other than the county where the process
786 originated, travel expenses may not exceed the fee that would be charged if served by the
787 sheriff of that county.
788 (4) (a) For each mile traveled for the purpose of serving, or to diligently attempt
789 service of, a warrant of arrest, both in going to and returning from defendant's address, a fee of
790 $1 may be charged.
791 (b) If more than one trip is necessary to serve, or diligently attempt to serve, a warrant
792 of arrest, no more than two additional mileage charges may be collected.
793 (c) Each charge shall be individually documented on the affidavit of return of service.
794 (5) For arresting each [
795 incarcerated individual into court, or otherwise satisfying a warrant, a fee of $15 may be
796 charged.
797 Section 20. Section 17-50-319 is amended to read:
798 17-50-319. County charges enumerated.
799 (1) County charges are:
800 (a) charges incurred against the county by any law;
801 (b) the necessary expenses of the county attorney or district attorney incurred in
802 criminal cases arising in the county, and all other expenses necessarily incurred by the county
803 or district attorney in the prosecution of criminal cases, except jury and witness fees;
804 (c) the expenses of medical care as described in Section 17-22-8, and other expenses
805 necessarily incurred in the support of persons charged with or convicted of a criminal offense
806 and committed to the county jail, except as provided in Subsection (2);
807 (d) for a county not within the state district court administrative system, the sum
808 required by law to be paid jurors in civil cases;
809 (e) all charges and accounts for services rendered by any justice court judge for
810 services in the trial and examination of persons charged with a criminal offense not otherwise
811 provided for by law;
812 (f) the contingent expenses necessarily incurred for the use and benefit of the county;
813 (g) every other sum directed by law to be raised for any county purposes under the
814 direction of the county legislative body or declared a county charge;
815 (h) the fees of constables for services rendered in criminal cases;
816 (i) the necessary expenses of the sheriff and deputies incurred in civil and criminal
817 cases arising in the county, and all other expenses necessarily incurred by the sheriff and
818 deputies in performing the duties imposed upon them by law;
819 (j) the sums required by law to be paid by the county to jurors and witnesses serving at
820 inquests and in criminal cases in justice courts; and
821 (k) subject to Subsection (2), expenses incurred by a health care facility or provider in
822 providing medical services, treatment, hospitalization, or related transportation, at the request
823 of a county sheriff for:
824 (i) persons booked into a county jail on a charge of a criminal offense; or
825 (ii) persons convicted of a criminal offense and committed to a county jail.
826 (2) (a) Expenses described in Subsections (1)(c) and (1)(k) are a charge to the county
827 only to the extent that they exceed any private insurance in effect that covers the expenses
828 described in Subsections (1)(c) and (1)(k).
829 (b) The county may collect costs of medical care, treatment, hospitalization, and related
830 transportation provided to the person described in Subsection (1)(k) who has the resources or
831 the ability to pay, subject to the following priorities for payment:
832 (i) first priority shall be given to restitution; and
833 (ii) second priority shall be given to family support obligations.
834 (c) A county may seek reimbursement from a person described in Subsection (1)(k) for
835 expenses incurred by the county in behalf of the [
836 care, treatment, hospitalization, or related transportation by:
837 (i) deducting the cost from the [
838 deposit with the detention facility during the [
839 or during a subsequent incarceration if the subsequent incarceration occurs within the same
840 county and the incarceration is within 10 years of the date of the expense in behalf of the
841 [
842 (ii) placing a lien for the amount of the expense against the [
843 individual's personal property held by the jail; and
844 (iii) adding the amount of expenses incurred to any other amount owed by the [
845 incarcerated individual to the jail upon the [
846 accordance with Subsection 76-3-201(4)(d).
847 (d) An [
848 hospitalization, or related transportation shall cooperate with the jail facility seeking payment
849 or reimbursement under this section for the [
850 (e) If there is no contract between a county jail and a health care facility or provider
851 that establishes a fee schedule for medical services rendered, expenses under Subsection (1)(k)
852 shall be commensurate with:
853 (i) for a health care facility, the current noncapitated state Medicaid rates; and
854 (ii) for a health care provider, 65% of the amount that would be paid to the health care
855 provider:
856 (A) under the Public Employees' Benefit and Insurance Program, created in Section
857 49-20-103; and
858 (B) if the person receiving the medical service were a covered employee under the
859 Public Employees' Benefit and Insurance Program.
860 (f) Subsection (1)(k) does not apply to expenses of a person held at the jail at the
861 request of an agency of the United States.
862 (g) A county that receives information from the Public Employees' Benefit and
863 Insurance Program to enable the county to calculate the amount to be paid to a health care
864 provider under Subsection (2)(e)(ii) shall keep that information confidential.
865 Section 21. Section 17-53-311 is amended to read:
866 17-53-311. Contracting for management, maintenance, operation, or construction
867 of jails.
868 (1) (a) With the approval of the sheriff, a county executive may contract with private
869 contractors for management, maintenance, operation, and construction of county jails.
870 (b) A county executive may include a provision in the contract that allows use of a
871 building authority created under the provisions of Title 17D, Chapter 2, Local Building
872 Authority Act, to construct or acquire a jail facility.
873 (c) A county executive may include a provision in the contract that requires that any
874 jail facility meet any federal, state, or local standards for the construction of jails.
875 (2) If a county executive contracts only for the management, maintenance, or operation
876 of a jail, the county executive shall include provisions in the contract that:
877 (a) require the private contractor to post a performance bond in the amount set by the
878 county legislative body;
879 (b) establish training standards that shall be met by jail personnel;
880 (c) require the private contractor to provide and fund training for jail personnel so that
881 the personnel meet the standards established in the contract and any other federal, state, or local
882 standards for the operation of jails and the treatment of [
883 (d) require the private contractor to indemnify the county for errors, omissions,
884 defalcations, and other activities committed by the private contractor that result in liability to
885 the county;
886 (e) require the private contractor to show evidence of liability insurance protecting the
887 county and its officers, employees, and agents from liability arising from the construction,
888 operation, or maintenance of the jail, in an amount not less than those specified in Title 63G,
889 Chapter 7, Governmental Immunity Act of Utah;
890 (f) require the private contractor to:
891 (i) receive all [
892 authority; and
893 (ii) provide them with necessary food, clothing, and bedding in the manner prescribed
894 by the governing body; and
895 (g) prohibit the use of [
896 private business purposes of any kind.
897 (3) A contractual provision requiring the private contractor to maintain liability
898 insurance in an amount not less than the liability limits established by Title 63G, Chapter 7,
899 Governmental Immunity Act of Utah, may not be construed as waiving the limitation on
900 damages recoverable from a governmental entity or its employees established by that chapter.
901 Section 22. Section 17D-1-201 is amended to read:
902 17D-1-201. Services that a special service district may be created to provide.
903 As provided in this part, a county or municipality may create a special service district to
904 provide any combination of the following services:
905 (1) water;
906 (2) sewerage;
907 (3) drainage;
908 (4) flood control;
909 (5) garbage collection and disposal;
910 (6) health care;
911 (7) transportation, including the receipt of federal secure rural school funds under
912 Section 51-9-603 for the purposes of constructing, improving, repairing, or maintaining public
913 roads;
914 (8) recreation;
915 (9) fire protection, including:
916 (a) emergency medical services, ambulance services, and search and rescue services, if
917 fire protection service is also provided;
918 (b) Firewise Communities programs and the development of community wildfire
919 protection plans; and
920 (c) the receipt of federal secure rural school funds as provided under Section 51-9-603
921 for the purposes of carrying out Firewise Communities programs, developing community
922 wildfire protection plans, and performing emergency services, including firefighting on federal
923 land and other services authorized under this Subsection (9);
924 (10) providing, operating, and maintaining correctional and rehabilitative facilities and
925 programs for municipal, state, and other detainees and [
926 (11) street lighting;
927 (12) consolidated 911 and emergency dispatch;
928 (13) animal shelter and control;
929 (14) receiving federal mineral lease funds under Title 59, Chapter 21, Mineral Lease
930 Funds, and expending those funds to be used in accordance with state and federal law;
931 (15) in a county of the first class, extended police protection;
932 (16) control or abatement of earth movement or a landslide;
933 (17) an energy efficiency upgrade, a renewable energy system, or electric vehicle
934 charging infrastructure as defined in Section 11-42a-102, in accordance with Title 11, Chapter
935 42a, Commercial Property Assessed Clean Energy Act; or
936 (18) cemetery.
937 Section 23. Section 26-18-3 is amended to read:
938 26-18-3. Administration of Medicaid program by department -- Reporting to the
939 Legislature -- Disciplinary measures and sanctions -- Funds collected -- Eligibility
940 standards -- Internal audits -- Health opportunity accounts.
941 (1) The department shall be the single state agency responsible for the administration
942 of the Medicaid program in connection with the United States Department of Health and
943 Human Services pursuant to Title XIX of the Social Security Act.
944 (2) (a) The department shall implement the Medicaid program through administrative
945 rules in conformity with this chapter, Title 63G, Chapter 3, Utah Administrative Rulemaking
946 Act, the requirements of Title XIX, and applicable federal regulations.
947 (b) The rules adopted under Subsection (2)(a) shall include, in addition to other rules
948 necessary to implement the program:
949 (i) the standards used by the department for determining eligibility for Medicaid
950 services;
951 (ii) the services and benefits to be covered by the Medicaid program;
952 (iii) reimbursement methodologies for providers under the Medicaid program; and
953 (iv) a requirement that:
954 (A) a person receiving Medicaid services shall participate in the electronic exchange of
955 clinical health records established in accordance with Section 26-1-37 unless the individual
956 opts out of participation;
957 (B) prior to enrollment in the electronic exchange of clinical health records the enrollee
958 shall receive notice of enrollment in the electronic exchange of clinical health records and the
959 right to opt out of participation at any time; and
960 (C) beginning July 1, 2012, when the program sends enrollment or renewal information
961 to the enrollee and when the enrollee logs onto the program's website, the enrollee shall receive
962 notice of the right to opt out of the electronic exchange of clinical health records.
963 (3) (a) The department shall, in accordance with Subsection (3)(b), report to the Social
964 Services Appropriations Subcommittee when the department:
965 (i) implements a change in the Medicaid State Plan;
966 (ii) initiates a new Medicaid waiver;
967 (iii) initiates an amendment to an existing Medicaid waiver;
968 (iv) applies for an extension of an application for a waiver or an existing Medicaid
969 waiver;
970 (v) applies for or receives approval for a change in any capitation rate within the
971 Medicaid program; or
972 (vi) initiates a rate change that requires public notice under state or federal law.
973 (b) The report required by Subsection (3)(a) shall:
974 (i) be submitted to the Social Services Appropriations Subcommittee prior to the
975 department implementing the proposed change; and
976 (ii) include:
977 (A) a description of the department's current practice or policy that the department is
978 proposing to change;
979 (B) an explanation of why the department is proposing the change;
980 (C) the proposed change in services or reimbursement, including a description of the
981 effect of the change;
982 (D) the effect of an increase or decrease in services or benefits on individuals and
983 families;
984 (E) the degree to which any proposed cut may result in cost-shifting to more expensive
985 services in health or human service programs; and
986 (F) the fiscal impact of the proposed change, including:
987 (I) the effect of the proposed change on current or future appropriations from the
988 Legislature to the department;
989 (II) the effect the proposed change may have on federal matching dollars received by
990 the state Medicaid program;
991 (III) any cost shifting or cost savings within the department's budget that may result
992 from the proposed change; and
993 (IV) identification of the funds that will be used for the proposed change, including any
994 transfer of funds within the department's budget.
995 (4) Any rules adopted by the department under Subsection (2) are subject to review and
996 reauthorization by the Legislature in accordance with Section 63G-3-502.
997 (5) The department may, in its discretion, contract with the Department of Health and
998 Human Services or other qualified agencies for services in connection with the administration
999 of the Medicaid program, including:
1000 (a) the determination of the eligibility of individuals for the program;
1001 (b) recovery of overpayments; and
1002 (c) consistent with Section 26-20-13, and to the extent permitted by law and quality
1003 control services, enforcement of fraud and abuse laws.
1004 (6) The department shall provide, by rule, disciplinary measures and sanctions for
1005 Medicaid providers who fail to comply with the rules and procedures of the program, provided
1006 that sanctions imposed administratively may not extend beyond:
1007 (a) termination from the program;
1008 (b) recovery of claim reimbursements incorrectly paid; and
1009 (c) those specified in Section 1919 of Title XIX of the federal Social Security Act.
1010 (7) (a) Funds collected as a result of a sanction imposed under Section 1919 of Title
1011 XIX of the federal Social Security Act shall be deposited in the General Fund as dedicated
1012 credits to be used by the division in accordance with the requirements of Section 1919 of Title
1013 XIX of the federal Social Security Act.
1014 (b) In accordance with Section 63J-1-602.2, sanctions collected under this Subsection
1015 (7) are nonlapsing.
1016 (8) (a) In determining whether an applicant or recipient is eligible for a service or
1017 benefit under this part or Chapter 40, Utah Children's Health Insurance Act, the department
1018 shall, if Subsection (8)(b) is satisfied, exclude from consideration one passenger vehicle
1019 designated by the applicant or recipient.
1020 (b) Before Subsection (8)(a) may be applied:
1021 (i) the federal government shall:
1022 (A) determine that Subsection (8)(a) may be implemented within the state's existing
1023 public assistance-related waivers as of January 1, 1999;
1024 (B) extend a waiver to the state permitting the implementation of Subsection (8)(a); or
1025 (C) determine that the state's waivers that permit dual eligibility determinations for
1026 cash assistance and Medicaid are no longer valid; and
1027 (ii) the department shall determine that Subsection (8)(a) can be implemented within
1028 existing funding.
1029 (9) (a) For purposes of this Subsection (9):
1030 (i) "aged, blind, or has a disability" means an aged, blind, or disabled individual, as
1031 defined in 42 U.S.C. Sec. 1382c(a)(1); and
1032 (ii) "spend down" means an amount of income in excess of the allowable income
1033 standard that shall be paid in cash to the department or incurred through the medical services
1034 not paid by Medicaid.
1035 (b) In determining whether an applicant or recipient who is aged, blind, or has a
1036 disability is eligible for a service or benefit under this chapter, the department shall use 100%
1037 of the federal poverty level as:
1038 (i) the allowable income standard for eligibility for services or benefits; and
1039 (ii) the allowable income standard for eligibility as a result of spend down.
1040 (10) The department shall conduct internal audits of the Medicaid program.
1041 (11) (a) The department may apply for and, if approved, implement a demonstration
1042 program for health opportunity accounts, as provided for in 42 U.S.C. Sec. 1396u-8.
1043 (b) A health opportunity account established under Subsection (11)(a) shall be an
1044 alternative to the existing benefits received by an individual eligible to receive Medicaid under
1045 this chapter.
1046 (c) Subsection (11)(a) is not intended to expand the coverage of the Medicaid program.
1047 (12) (a) (i) The department shall apply for, and if approved, implement an amendment
1048 to the state plan under this Subsection (12) for benefits for:
1049 (A) medically needy pregnant women;
1050 (B) medically needy children; and
1051 (C) medically needy parents and caretaker relatives.
1052 (ii) The department may implement the eligibility standards of Subsection (12)(b) for
1053 eligibility determinations made on or after the date of the approval of the amendment to the
1054 state plan.
1055 (b) In determining whether an applicant is eligible for benefits described in Subsection
1056 (12)(a)(i), the department shall:
1057 (i) disregard resources held in an account in the savings plan created under Title 53B,
1058 Chapter 8a, Utah Educational Savings Plan, if the beneficiary of the account is:
1059 (A) under the age of 26; and
1060 (B) living with the account owner, as that term is defined in Section 53B-8a-102, or
1061 temporarily absent from the residence of the account owner; and
1062 (ii) include the withdrawals from an account in the Utah Educational Savings Plan as
1063 resources for a benefit determination, if the withdrawal was not used for qualified higher
1064 education costs as that term is defined in Section 53B-8a-102.5.
1065 (13) (a) The department may not deny or terminate eligibility for Medicaid solely
1066 because an individual is:
1067 (i) incarcerated; and
1068 (ii) not an [
1069 (b) Subsection (13)(a) does not require the Medicaid program to provide coverage for
1070 any services for an individual while the individual is incarcerated.
1071 (14) The department is a party to, and may intervene at any time in, any judicial or
1072 administrative action:
1073 (a) to which the Department of Workforce Services is a party; and
1074 (b) that involves medical assistance under:
1075 (i) Title 26, Chapter 18, Medical Assistance Act; or
1076 (ii) Title 26, Chapter 40, Utah Children's Health Insurance Act.
1077 Section 24. Section 26-18-421 is amended to read:
1078 26-18-421. Medicaid waiver for coverage of qualified incarcerated individuals
1079 leaving prison or jail.
1080 (1) As used in this section:
1081 (a) "Correctional facility" means:
1082 (i) a county jail;
1083 (ii) the Department of Corrections, created in Section 64-13-2; or
1084 (iii) a prison, penitentiary, or other institution operated by or under contract with the
1085 Department of Corrections for the confinement of an offender, as defined in Section 64-13-1.
1086 (b) "Qualified [
1087 (i) is incarcerated in a correctional facility; and
1088 (ii) has:
1089 (A) a chronic physical or behavioral health condition;
1090 (B) a mental illness, as defined in Section 62A-15-602; or
1091 (C) an opioid use disorder.
1092 (2) Before July 1, 2020, the division shall apply for a Medicaid waiver or a state plan
1093 amendment with CMS to offer a program to provide Medicaid coverage to a qualified [
1094 incarcerated individual for up to 30 days immediately before the day on which the qualified
1095 [
1096 (3) If the waiver or state plan amendment described in Subsection (2) is approved, the
1097 department shall report to the Health and Human Services Interim Committee each year before
1098 November 30 while the waiver or state plan amendment is in effect regarding:
1099 (a) the number of qualified [
1100 program;
1101 (b) the cost of the program; and
1102 (c) the effectiveness of the program, including:
1103 (i) any reduction in the number of emergency room visits or hospitalizations by
1104 [
1105 (ii) any reduction in the number of [
1106 inpatient treatment after release from a correctional facility;
1107 (iii) any reduction in overdose rates and deaths of [
1108 after release from a correctional facility; and
1109 (iv) any other costs or benefits as a result of the program.
1110 (4) If the waiver or state plan amendment described in Subsection (2) is approved, a
1111 county that is responsible for the cost of a qualified [
1112 care shall provide the required matching funds to the state for:
1113 (a) any costs to enroll the qualified [
1114 coverage described in Subsection (2);
1115 (b) any administrative fees for the Medicaid coverage described in Subsection (2); and
1116 (c) the Medicaid coverage that is provided to the qualified [
1117 individual under Subsection (2).
1118 Section 25. Section 26-40-105 is amended to read:
1119 26-40-105. Eligibility.
1120 (1) A child is eligible to enroll in the program if the child:
1121 (a) is a bona fide Utah resident;
1122 (b) is a citizen or legal resident of the United States;
1123 (c) is under 19 years [
1124 (d) does not have access to or coverage under other health insurance, including any
1125 coverage available through a parent or legal guardian's employer;
1126 (e) is ineligible for Medicaid benefits;
1127 (f) resides in a household whose gross family income, as defined by rule, is at or below
1128 200% of the federal poverty level; and
1129 (g) is not an [
1130 institution for mental diseases.
1131 (2) A child who qualifies for enrollment in the program under Subsection (1) may not
1132 be denied enrollment due to a diagnosis or pre-existing condition.
1133 (3) (a) The department shall determine eligibility and send notification of the eligibility
1134 decision within 30 days after receiving the application for coverage.
1135 (b) If the department cannot reach a decision because the applicant fails to take a
1136 required action, or because there is an administrative or other emergency beyond the
1137 department's control, the department shall:
1138 (i) document the reason for the delay in the applicant's case record; and
1139 (ii) inform the applicant of the status of the application and time frame for completion.
1140 (4) The department may not close enrollment in the program for a child who is eligible
1141 to enroll in the program under the provisions of Subsection (1).
1142 (5) The program shall:
1143 (a) apply for grants to make technology system improvements necessary to implement
1144 a simplified enrollment and renewal process in accordance with Subsection (5)(b); and
1145 (b) if funding is available, implement a simplified enrollment and renewal process.
1146 Section 26. Section 26B-4-301 is enacted to read:
1147 26B-4-301. Medical care for incarcerated individuals -- Reporting of statistics.
1148 As used in this section:
1149 (1) "Correctional facility" means a facility operated to house incarcerated individuals in
1150 a secure or nonsecure setting:
1151 (a) by the Department of Corrections; or
1152 (b) under a contract with the Department of Corrections.
1153 (2) "Health care facility" means the same as that term is defined in Section 26-21-2.
1154 (3) "Incarcerated individual" means an individual who is:
1155 (a) committed to the custody of the department; and
1156 (b) housed at a correctional facility or at a county jail at the request of the department.
1157 (4) "Medical monitoring technology" means a device, application, or other technology
1158 that can be used to improve health outcomes and the experience of care for patients, including
1159 evidence-based clinically evaluated software and devices that can be used to monitor and treat
1160 diseases and disorders.
1161 (5) "Terminally ill" means the same as that term is defined in Section 31A-36-102.
1162 (6) The department shall:
1163 (a) for each health care facility owned or operated by the Department of Corrections,
1164 assist the Department of Corrections in complying with Section 64-13-39;
1165 (b) create policies and procedures for providing services to incarcerated individuals;
1166 and
1167 (c) in coordination with the Department of Corrections, develop standard population
1168 indicators and performance measures relating to the health of incarcerated individuals.
1169 (7) Beginning July 1, 2023, and ending June 30, 2024, the department shall:
1170 (a) evaluate and study the use of medical monitoring technology and create a plan for a
1171 pilot program that identifies:
1172 (i) the types of medical monitoring technology that will be used during the pilot
1173 program; and
1174 (ii) eligibility for participation in the pilot program; and
1175 (b) make the indicators and performance measures described in Subsection (6)(c)
1176 available to the public through the Department of Corrections and the department websites.
1177 (8) Beginning July 1, 2024, and ending June 30, 2029, the department shall implement
1178 the pilot program.
1179 (9) The department shall submit to the Health and Human Services Interim Committee
1180 and the Law Enforcement and Criminal Justice Interim Committee:
1181 (a) a report on or before October 1 of each year regarding the costs and benefits of the
1182 pilot program;
1183 (b) a report that summarizes the indicators and performance measures described in
1184 Subsection (6)(c) on or before October 1, 2024; and
1185 (c) an updated report before October 1 of each year that compares the indicators and
1186 population measures of the most recent year to the initial report described in Subsection (9)(b).
1187 Section 27. Section 31A-35-701 is amended to read:
1188 31A-35-701. Prohibited acts.
1189 (1) A bail bond producer or bail bond agency may not:
1190 (a) solicit business in or about:
1191 (i) any place where persons in the custody of the state or any local law enforcement or
1192 correctional agency are confined; or
1193 (ii) any court;
1194 (b) pay a fee or rebate or give or promise anything of value to any person in order to
1195 secure a settlement, compromise, remission, or reduction of the amount of any undertaking or
1196 bail bond;
1197 (c) pay a fee or rebate or give anything of value to an attorney in regard to any bail
1198 bond matter, except payment for legal services actually rendered for the bail bond producer or
1199 bail bond agency;
1200 (d) pay a fee or rebate or give or promise anything of value to the principal or anyone
1201 in the principal's behalf; or
1202 (e) engage in any other act prohibited by the commissioner by rule.
1203 (2) The following persons may not act as bail bond producers and may not, directly or
1204 indirectly, receive any benefits from the execution of any bail bond:
1205 (a) a person employed at any jail, correctional facility, or other facility used for the
1206 incarceration of persons;
1207 (b) a peace officer;
1208 (c) a judge; and
1209 (d) an [
1210 facility, or other facility used for the incarceration of persons.
1211 (3) A bail bond producer may not:
1212 (a) sign or countersign in blank any bail bond;
1213 (b) give the power of attorney to, or otherwise authorize anyone to, countersign in the
1214 bail bond producer's name to a bail bond; or
1215 (c) submit a bail bond to a jail or court in Utah without having completed a written
1216 agreement that:
1217 (i) states the terms of the bail agreement, contract, or undertaking;
1218 (ii) is signed by the bail bond producer; and
1219 (iii) is filed with the department.
1220 (4) A bail bond producer may not advertise or hold [
1221 producer out to be a bail bond agency or surety insurer.
1222 (5) The following persons or members of their immediate families may not solicit
1223 business on behalf of a bail bond agency or bail bond producer:
1224 (a) a person employed at any jail, correctional facility, or other facility used for the
1225 incarceration of persons;
1226 (b) a peace officer;
1227 (c) a judge; or
1228 (d) an [
1229 facility, or other facility used for the incarceration of persons.
1230 Section 28. Section 34-40-104 is amended to read:
1231 34-40-104. Exemptions.
1232 (1) The minimum wage established in this chapter does not apply to:
1233 (a) [
1234 Sec. 201 et seq., the Fair Labor Standards Act of 1938, as amended;
1235 (b) outside sales persons;
1236 (c) an employee who is a member of the employer's immediate family;
1237 (d) companionship service for [
1238 are unable to care for themselves;
1239 (e) casual and domestic employees as defined by the commission;
1240 (f) seasonal employees of nonprofit camping programs, religious or recreation
1241 programs, and nonprofit educational and charitable organizations registered under Title 13,
1242 Chapter 22, Charitable Solicitations Act;
1243 (g) an individual employed by the United States of America;
1244 (h) [
1245 (i) [
1246 (i) is principally engaged in the range production of livestock;
1247 (ii) is employed as a harvest laborer and is paid on a piece rate basis in an operation
1248 that has been and is generally recognized by custom as having been paid on a piece rate basis in
1249 the region of employment;
1250 (iii) was employed in agriculture less than 13 weeks during the preceding calendar
1251 year; or
1252 (iv) is a retired or semiretired [
1253 work as a condition of the employee's residence on a farm or ranch;
1254 (j) registered apprentices or students employed by the educational institution in which
1255 they are enrolled; or
1256 (k) [
1257 establishment with permanent structures and facilities if the other direct monetary
1258 compensation from tips, incentives, commissions, end-of-season bonus, or other forms of pay
1259 is sufficient to cause the average hourly rate of total compensation for the season of seasonal
1260 hourly employees who continue to work to the end of the operating season to equal the
1261 applicable minimum wage if the seasonal amusement establishment:
1262 (i) does not operate for more than seven months in any calendar year; or
1263 (ii) during the preceding calendar year its average receipts for any six months of that
1264 year were not more than 33-1/3% of its average receipts for the other six months of that year.
1265 (2) (a) Persons with a disability whose earnings or productive capacities are impaired
1266 by age, physical or mental deficiencies, or injury may be employed at wages that are lower than
1267 the minimum wage, provided the wage is related to the employee's productivity.
1268 (b) The commission may establish and regulate the wages paid or wage scales for
1269 persons with a disability.
1270 (3) The commission may establish or may set a lesser minimum wage for learners not
1271 to exceed the first 160 hours of employment.
1272 (4) (a) An employer of a tipped employee shall pay the tipped employee at least the
1273 minimum wage established by this chapter.
1274 (b) In computing a tipped employee's wage under this Subsection (4), an employer of a
1275 tipped employee:
1276 (i) shall pay the tipped employee at least the cash wage obligation as an hourly wage;
1277 and
1278 (ii) may compute the remainder of the tipped employee's wage using the tips or
1279 gratuities the tipped employee actually receives.
1280 (c) An employee shall retain all tips and gratuities except to the extent that the
1281 employee participates in a bona fide tip pooling or sharing arrangement with other tipped
1282 employees.
1283 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1284 commission shall by rule establish the cash wage obligation in conjunction with its review of
1285 the minimum wage under Section 34-40-103.
1286 Section 29. Section 35A-4-205 is amended to read:
1287 35A-4-205. Exempt employment.
1288 (1) If the services are also exempted under the Federal Unemployment Tax Act, as
1289 amended, employment does not include:
1290 (a) service performed in the employ of the United States Government or an
1291 instrumentality of the United States immune under the United States Constitution from the
1292 contributions imposed by this chapter, except that, to the extent that the Congress of the United
1293 States shall permit, this chapter shall apply to those instrumentalities and to services performed
1294 for the instrumentalities to the same extent as to all other employers, employing units,
1295 individuals and services; provided, that if this state is not certified for any year by the Secretary
1296 of Labor under Section 3304 of the Federal Internal Revenue Code of 1954, 26 U.S.C. 3304,
1297 the payments required of the instrumentalities with respect to that year shall be refunded by the
1298 division from the fund in the same manner and within the same period as is provided in
1299 Subsection 35A-4-306(5) with respect to contributions erroneously collected;
1300 (b) service performed by an individual as an employee or employee representative as
1301 defined in Section 1 of the Railroad Unemployment Insurance Act, 45 U.S.C., Sec. 351;
1302 (c) agricultural labor as defined in Section 35A-4-206;
1303 (d) domestic service in a private home, local college club, or local chapter of a college
1304 fraternity or sorority, except as provided in Subsection 35A-4-204(2)(k);
1305 (e) (i) service performed in the employ of a school, college, or university, if the service
1306 is performed:
1307 (A) by a student who is enrolled and is regularly attending classes at that school,
1308 college, or university; or
1309 (B) by the spouse of the student, if the spouse is advised, at the time the spouse
1310 commences to perform that service, that the employment of that spouse to perform that service
1311 is provided under a program to provide financial assistance to the student by the school,
1312 college, or university, and that the employment will not be covered by any program of
1313 unemployment insurance;
1314 (ii) service performed by an individual who is enrolled at a nonprofit or public
1315 educational institution, that normally maintains a regular faculty and curriculum and normally
1316 has a regularly organized body of students in attendance at the place where its educational
1317 activities are carried on, as a student in a full-time program taken for credit at the institution,
1318 that combines academic instruction with work experience, if the service is an integral part of
1319 the program and the institution has so certified to the employer, but this Subsection (1) does
1320 not apply to service performed in a program established for or on behalf of an employer or
1321 group of employers;
1322 (iii) service performed in the employ of a hospital, if the service is performed by a
1323 patient of the hospital; or
1324 (iv) service performed as a student nurse in the employ of a hospital or a nurses'
1325 training school by an individual who is enrolled and is regularly attending classes in a nurses'
1326 training school chartered or approved under state law;
1327 (f) service performed by an individual in the employ of the individual's son, daughter,
1328 or spouse, and service performed by a child under the age of 21 in the employ of the child's
1329 parent;
1330 (g) for the purposes of Subsections 35A-4-204(2)(d) and (e), service performed:
1331 (i) in the employ of:
1332 (A) a church or convention or association of churches; or
1333 (B) an organization that is operated primarily for religious purposes and that is
1334 operated, supervised, controlled, or principally supported by a church or convention or
1335 association of churches;
1336 (ii) by a duly ordained, commissioned, or licensed minister of a church in the exercise
1337 of the minister's ministry or by a member of a religious order in the exercise of duties required
1338 by the order;
1339 (iii) in the employ of a governmental entity or Indian tribe referred to in Subsection
1340 35A-4-204(2)(d) if the service is performed by an individual in the exercise of the individual's
1341 duties:
1342 (A) as an elected official;
1343 (B) as a member of a legislative body or the judiciary;
1344 (C) as a member of the National Guard or Air National Guard;
1345 (D) as an employee serving on a temporary basis in case of fire, storm, snow,
1346 earthquake, flood, or similar emergency;
1347 (E) in an advisory position or a policymaking position the performance of the duties of
1348 which ordinarily does not require more than eight hours per week; or
1349 (F) as an election official or election worker if the amount of remuneration received by
1350 the individual during the calendar year for services as an election official or election worker is
1351 less than $1,000;
1352 (iv) in a facility conducted for the purpose of carrying out a program of rehabilitation
1353 for individuals whose earning capacity is impaired by age, physical or mental deficiency,
1354 injury, or providing a remunerative work for individuals who, because of their impaired
1355 physical or mental capacity, cannot be readily absorbed in the competitive labor market by an
1356 individual receiving that rehabilitation or remunerative work;
1357 (v) as part of an unemployment work-relief or work-training program, assisted or
1358 financed in whole or in part by any federal agency or an agency of a state or political
1359 subdivision of the state or of an Indian tribe, by an individual receiving the work-relief or
1360 work-training; and
1361 (vi) by an [
1362 (h) casual labor not in the course of the employing unit's trade or business;
1363 (i) service performed in any calendar quarter in the employ of any organization exempt
1364 from income tax under Subsection 501(a), Internal Revenue Code, other than an organization
1365 described in Subsection 401(a) or Section 521 Internal Revenue Code, if the remuneration for
1366 the service is less than $50;
1367 (j) service performed in the employ of a foreign government, including service as a
1368 consular or other officer, other employee, or a nondiplomatic representative;
1369 (k) service performed in the employ of an instrumentality wholly owned by a foreign
1370 government:
1371 (i) if the service is of a character similar to that performed in foreign countries by
1372 employees of the United States government or its instrumentalities; and
1373 (ii) if the division finds that the United States Secretary of State has certified to the
1374 United States Secretary of the Treasury that the foreign government with respect to whose
1375 instrumentality exemption is claimed grants an equivalent exemption with respect to similar
1376 service performed in the foreign country by employees of the United States government and its
1377 instrumentalities;
1378 (l) service performed by an individual for a person as an insurance agent or as an
1379 insurance solicitor, if all the service performed by the individual for that person is performed
1380 for remuneration solely by way of commission;
1381 (m) service performed by an individual in the delivery or distribution of newspapers or
1382 shopping news, not including delivery or distribution to any point for subsequent delivery or
1383 distribution;
1384 (n) service covered by an arrangement between the division and the agency charged
1385 with the administration of any other state or federal unemployment compensation law under
1386 which all services performed by an individual for an employing unit during the period covered
1387 by the employing unit's duly approved election, are considered to be performed entirely within
1388 the agency's state or under the federal law;
1389 (o) service performed by lessees engaged in metal mining under lease agreements,
1390 unless the individual lease agreement, or the practice in actual operation under the agreement,
1391 is such as would constitute the lessees' employees of the lessor at common law; and
1392 (p) services as an outside salesman paid solely by way of commission if the services
1393 were performed outside of all places of business of the enterprises for which the services are
1394 performed except:
1395 (i) as provided in Subsection 35A-4-204(2)(i); or
1396 (ii) if the services would constitute employment at common law.
1397 (2) (a) "Included and excluded service" means if the services performed during 1/2 or
1398 more of any pay period by an individual for the person employing the individual constitute
1399 employment, all the services of the individual for the period are considered to be employment.
1400 (b) If the services performed during more than 1/2 of any pay period by an individual
1401 for the person employing the individual do not constitute employment, then none of the
1402 services of the individual for the period are considered to be employment.
1403 (c) As used in this Subsection (2), "pay period" means a period of not more than 31
1404 consecutive days for which payment of remuneration is ordinarily made to the individual by the
1405 person employing the individual.
1406 (3) The following services are exempt employment under the Utah Employment
1407 Security Act:
1408 (a) service performed by an individual as a licensed real estate agent or salesman, if all
1409 the service performed by the individual is performed for remuneration solely by way of
1410 commission;
1411 (b) service performed by an individual as a licensed securities agent or salesman or a
1412 registered representative, if all the service performed by the individual is performed for
1413 remuneration solely by way of commission;
1414 (c) service performed by an individual as a telephone survey conductor or pollster if:
1415 (i) the individual does not perform the service on the principal's premises; and
1416 (ii) the individual is paid for the service solely on a piece-rate or commission basis; and
1417 (d) service performed by a nurse licensed or registered under Title 58, Chapter 31b,
1418 Nurse Practice Act, if:
1419 (i) the service of the nurse is performed in the home of the patient;
1420 (ii) substantially all of the nurse's compensation for the service is from health insurance
1421 proceeds; and
1422 (iii) no compensation or fee for the service is paid to an agency or company as a
1423 business furnishing nursing services.
1424 Section 30. Section 39A-5-111 is amended to read:
1425 39A-5-111. Parties under obligation to keep an incarcerated individual --
1426 Reporting.
1427 (1) A provost marshal, sheriff, or officer of a city or county jail or penal institution
1428 designated under Section 39A-5-110, may not refuse to receive or keep [
1429 incarcerated individual if the committing officer provides a signed statement indicating the
1430 offense charged against the [
1431 (2) [
1432 incarcerated individual shall within 24 hours after commitment report to the commanding
1433 officer of the [
1434 individual, the nature of the offense charged against [
1435 name of the individual who ordered or authorized the commitment.
1436 Section 31. Section 39A-5-112 is amended to read:
1437 39A-5-112. Individual confined prior to trial -- Punishment limitations.
1438 (1) Subject to Section 39A-5-110, an individual in confinement prior to trial may not
1439 be subjected to punishment or penalty other than arrest or confinement while the charges are
1440 pending.
1441 (2) (a) The arrest or confinement imposed on [
1442 may not be more rigorous than necessary to ensure the [
1443 presence.
1444 (b) [
1445 individual may be:
1446 [
1447 [
1448 [
1449 otherwise designated by regulations governing the housing of [
1450 individual.
1451 Section 32. Section 51-7-4 is amended to read:
1452 51-7-4. Transfer of functions, powers, and duties relating to public funds to state
1453 treasurer -- Exceptions -- Deposit of income from investment of state money.
1454 (1) Unless otherwise required by the Utah Constitution or applicable federal law, the
1455 functions, powers, and duties vested by law in each state officer, board, commission,
1456 institution, department, division, agency, or other similar instrumentality relating to the deposit,
1457 investment, or reinvestment of public funds, and the purchase, sale, or exchange of investments
1458 or securities of, or for, funds or accounts under the control and management of each of these
1459 instrumentalities, are transferred to and shall be exercised by the state treasurer, except:
1460 (a) funds assigned to the Utah State Retirement Board for investment under Section
1461 49-11-302;
1462 (b) funds of member institutions of the state system of higher education:
1463 (i) acquired by gift, devise, or bequest, or by federal or private contract or grant;
1464 (ii) derived from student fees or from income from operations of auxiliary enterprises,
1465 which fees and income are pledged or otherwise dedicated to the payment of interest and
1466 principal of bonds issued by an institution of higher education;
1467 (iii) subject to rules made by the council, under Section 51-7-18, deposited in a foreign
1468 depository institution as defined in Section 7-1-103; and
1469 (iv) other funds that are not included in the institution's work program as approved by
1470 the Utah Board of Higher Education;
1471 (c) [
1472
1473 Incarcerated Individuals;
1474 (d) trust funds established by judicial order;
1475 (e) funds of the Utah Housing Corporation;
1476 (f) endowment funds of higher education institutions; and
1477 (g) the funds of the Utah Educational Savings Plan.
1478 (2) All public funds held or administered by the state or its boards, commissions,
1479 institutions, departments, divisions, agencies, or similar instrumentalities and not transferred to
1480 the state treasurer as provided by this section shall be:
1481 (a) deposited and invested by the custodian in accordance with this chapter, unless
1482 otherwise required by statute or by applicable federal law; and
1483 (b) reported to the state treasurer in a form prescribed by the state treasurer.
1484 (3) Unless otherwise provided by the constitution or laws of this state or by contractual
1485 obligation, the income derived from the investment of state money by the state treasurer shall
1486 be deposited into and become part of the General Fund.
1487 Section 33. Section 53-2a-602 is amended to read:
1488 53-2a-602. Definitions.
1489 (1) Unless otherwise defined in this section, the terms that are used in this part mean
1490 the same as those terms are defined in Part 1, Emergency Management Act.
1491 (2) As used in this part:
1492 (a) "Agent of the state" means any representative of a state agency, local agency, or
1493 non-profit entity that agrees to provide support to a requesting intrastate or interstate
1494 government entity that has declared an emergency or disaster and has requested assistance
1495 through the division.
1496 (b) "Declared disaster" means one or more events:
1497 (i) within the state;
1498 (ii) that occur within a limited period of time;
1499 (iii) that involve:
1500 (A) a significant number of [
1501 sickness, or death; or
1502 (B) a significant portion of real property at risk of loss;
1503 (iv) that are sudden in nature and generally occur less frequently than every three years;
1504 and
1505 (v) that results in:
1506 (A) the president of the United States declaring an emergency or major disaster in the
1507 state;
1508 (B) the governor declaring a state of emergency under Title 53, Chapter 2a, Part 2,
1509 Disaster Response and Recovery Act; or
1510 (C) the chief executive officer of a local government declaring a local emergency under
1511 Part 2, Disaster Response and Recovery Act.
1512 (c) "Disaster recovery account" means the State Disaster Recovery Restricted Account
1513 created in Section 53-2a-603.
1514 (d) (i) "Emergency disaster services" means:
1515 (A) evacuation;
1516 (B) shelter;
1517 (C) medical triage;
1518 (D) emergency transportation;
1519 (E) repair of infrastructure;
1520 (F) safety services, including fencing or roadblocks;
1521 (G) sandbagging;
1522 (H) debris removal;
1523 (I) temporary bridges;
1524 (J) procurement and distribution of food, water, or ice;
1525 (K) procurement and deployment of generators;
1526 (L) rescue or recovery;
1527 (M) emergency protective measures; or
1528 (N) services similar to those described in Subsections (2)(d)(i)(A) through (M), as
1529 defined by the division by rule, that are generally required in response to a declared disaster.
1530 (ii) "Emergency disaster services" does not include:
1531 (A) emergency preparedness; or
1532 (B) notwithstanding whether or not a county participates in the Wildland Fire
1533 Suppression Fund created in Section 65A-8-204, any fire suppression or presuppression costs
1534 that may be paid for from the Wildland Fire Suppression Fund if the county participates in the
1535 Wildland Fire Suppression Fund.
1536 (e) "Emergency preparedness" means the following done for the purpose of being
1537 prepared for an emergency as defined by the division by rule made in accordance with Title
1538 63G, Chapter 3, Utah Administrative Rulemaking Act:
1539 (i) the purchase of equipment;
1540 (ii) the training of personnel; or
1541 (iii) the obtaining of a certification.
1542 (f) "Governing body" means:
1543 (i) for a county, city, or town, the legislative body of the county, city, or town;
1544 (ii) for a local district, the board of trustees of the local district; and
1545 (iii) for a special service district:
1546 (A) the legislative body of the county, city, or town that established the special service
1547 district, if no administrative control board has been appointed under Section 17D-1-301; or
1548 (B) the administrative control board of the special service district, if an administrative
1549 control board has been appointed under Section 17D-1-301.
1550 (g) "Local district" means the same as that term is defined in Section 17B-1-102.
1551 (h) "Local fund" means a local government disaster fund created in accordance with
1552 Section 53-2a-605.
1553 (i) "Local government" means:
1554 (i) a county;
1555 (ii) a city or town; or
1556 (iii) a local district or special service district that:
1557 (A) operates a water system;
1558 (B) provides transportation service;
1559 (C) provides, operates, and maintains correctional and rehabilitative facilities and
1560 programs for municipal, state, and other detainees and [
1561 (D) provides consolidated 911 and emergency dispatch service;
1562 (E) operates an airport; or
1563 (F) operates a sewage system.
1564 (j) "Special fund" means a fund other than a general fund of a local government that is
1565 created for a special purpose established under the uniform system of budgeting, accounting,
1566 and reporting.
1567 (k) "Special service district" means the same as that term is defined in Section
1568 17D-1-102.
1569 (l) "State's prime interest rate" means the average interest rate paid by the state on
1570 general obligation bonds issued during the most recent fiscal year in which bonds were sold.
1571 Section 34. Section 53-10-404 is amended to read:
1572 53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.
1573 (1) As used in this section, "person" refers to any person as described under Section
1574 53-10-403.
1575 (2) (a) A person under Section 53-10-403 or any person required to register as a sex
1576 offender under Title 77, Chapter 41, Sex and Kidnap Offender Registry, shall provide a DNA
1577 specimen and shall reimburse the agency responsible for obtaining the DNA specimen $150 for
1578 the cost of obtaining the DNA specimen unless:
1579 (i) the person was booked under Section 53-10-403 and is not required to reimburse the
1580 agency under Section 53-10-404.5; or
1581 (ii) the agency determines the person lacks the ability to pay.
1582 (b) (i) (A) The responsible agencies shall establish guidelines and procedures for
1583 determining if the person is able to pay the fee.
1584 (B) An agency's implementation of Subsection (2)(b)(i) meets an agency's obligation to
1585 determine an [
1586 (ii) An agency's guidelines and procedures may provide for the assessment of $150 on
1587 the [
1588 balance in the account until the $150 is paid in full.
1589 (3) (a) (i) All fees collected under Subsection (2) shall be deposited in the DNA
1590 Specimen Restricted Account created in Section 53-10-407, except that the agency collecting
1591 the fee may retain not more than $25 per individual specimen for the costs of obtaining the
1592 saliva DNA specimen.
1593 (ii) The agency collecting the $150 fee may not retain from each separate fee more than
1594 $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
1595 (b) The responsible agency shall determine the method of collecting the DNA
1596 specimen. Unless the responsible agency determines there are substantial reasons for using a
1597 different method of collection or the person refuses to cooperate with the collection, the
1598 preferred method of collection shall be obtaining a saliva specimen.
1599 (c) The responsible agency may use reasonable force, as established by its guidelines
1600 and procedures, to collect the DNA sample if the person refuses to cooperate with the
1601 collection.
1602 (d) If the judgment places the person on probation, the person shall submit to the
1603 obtaining of a DNA specimen as a condition of the probation.
1604 (e) (i) Under this section a person is required to provide one DNA specimen and pay
1605 the collection fee as required under this section.
1606 (ii) The person shall provide an additional DNA specimen only if the DNA specimen
1607 previously provided is not adequate for analysis.
1608 (iii) The collection fee is not imposed for a second or subsequent DNA specimen
1609 collected under this section.
1610 (f) Any agency that is authorized to obtain a DNA specimen under this part may collect
1611 any outstanding amount of a fee due under this section from any person who owes any portion
1612 of the fee and deposit the amount in the DNA Specimen Restricted Account created in Section
1613 53-10-407.
1614 (4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon as
1615 possible and transferred to the Department of Public Safety:
1616 (i) after a conviction or a finding of jurisdiction by the juvenile court;
1617 (ii) on and after January 1, 2011, through December 31, 2014, after the booking of a
1618 person for any offense under Subsection 53-10-403(1)(c); and
1619 (iii) on and after January 1, 2015, after the booking of a person for any felony offense,
1620 as provided under Subsection 53-10-403(1)(d)(ii).
1621 (b) On and after May 13, 2014, through December 31, 2014, the responsible agency
1622 may cause a DNA specimen to be obtained and transferred to the Department of Public Safety
1623 after the booking of a person for any felony offense, as provided under Subsection
1624 53-10-403(1)(d)(i).
1625 (c) If notified by the Department of Public Safety that a DNA specimen is not adequate
1626 for analysis, the agency shall, as soon as possible:
1627 (i) obtain and transmit an additional DNA specimen; or
1628 (ii) request that another agency that has direct access to the person and that is
1629 authorized to collect DNA specimens under this section collect the necessary second DNA
1630 specimen and transmit it to the Department of Public Safety.
1631 (d) Each agency that is responsible for collecting DNA specimens under this section
1632 shall establish:
1633 (i) a tracking procedure to record the handling and transfer of each DNA specimen it
1634 obtains; and
1635 (ii) a procedure to account for the management of all fees it collects under this section.
1636 (5) (a) The Department of Corrections is the responsible agency whenever the person is
1637 committed to the custody of or is under the supervision of the Department of Corrections.
1638 (b) The juvenile court is the responsible agency regarding a minor under Subsection
1639 53-10-403(3), but if the minor has been committed to the legal custody of the Division of
1640 Juvenile Justice Services, that division is the responsible agency if a DNA specimen of the
1641 minor has not previously been obtained by the juvenile court under Section 80-6-608.
1642 (c) The sheriff operating a county jail is the responsible agency regarding the collection
1643 of DNA specimens from persons who:
1644 (i) have pled guilty to or have been convicted of an offense listed under Subsection
1645 53-10-403(2) but who have not been committed to the custody of or are not under the
1646 supervision of the Department of Corrections;
1647 (ii) are incarcerated in the county jail:
1648 (A) as a condition of probation for a felony offense; or
1649 (B) for a misdemeanor offense for which collection of a DNA specimen is required;
1650 (iii) on and after January 1, 2011, through May 12, 2014, are booked at the county jail
1651 for any offense under Subsection 53-10-403(1)(c).; and
1652 (iv) are booked at the county jail:
1653 (A) by a law enforcement agency that is obtaining a DNA specimen for any felony
1654 offense on or after May 13, 2014, through December 31, 2014, under Subsection
1655 53-10-404(4)(b); or
1656 (B) on or after January 1, 2015, for any felony offense.
1657 (d) Each agency required to collect a DNA specimen under this section shall:
1658 (i) designate employees to obtain the saliva DNA specimens required under this
1659 section; and
1660 (ii) ensure that employees designated to collect the DNA specimens receive appropriate
1661 training and that the specimens are obtained in accordance with generally accepted protocol.
1662 (6) (a) As used in this Subsection (6), "department" means the Department of
1663 Corrections.
1664 (b) Priority of obtaining DNA specimens by the department is:
1665 (i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custody
1666 of or under the supervision of the department before these persons are released from
1667 incarceration, parole, or probation, if their release date is prior to that of persons under
1668 Subsection (6)(b)(ii), but in no case later than July 1, 2004; and
1669 (ii) second, the department shall obtain DNA specimens from persons who are
1670 committed to the custody of the department or who are placed under the supervision of the
1671 department after July 1, 2002, within 120 days after the commitment, if possible, but not later
1672 than prior to release from incarceration if the person is imprisoned, or prior to the termination
1673 of probation if the person is placed on probation.
1674 (c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)
1675 is:
1676 (i) first, persons on probation;
1677 (ii) second, persons on parole; and
1678 (iii) third, incarcerated persons.
1679 (d) Implementation of the schedule of priority under Subsection (6)(c) is subject to the
1680 priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains DNA
1681 specimens from persons in the custody of or under the supervision of the Department of
1682 Corrections as of July 1, 2002, prior to their release.
1683 (7) (a) As used in this Subsection (7):
1684 (i) "Court" means the juvenile court.
1685 (ii) "Division" means the Division of Juvenile Justice Services.
1686 (b) Priority of obtaining DNA specimens by the court from minors under Section
1687 53-10-403 whose cases are under the jurisdiction of the court but who are not in the legal
1688 custody of the division shall be:
1689 (i) first, to obtain specimens from minors whose cases, as of July 1, 2002, are under the
1690 court's jurisdiction, before the court's jurisdiction over the minors' cases terminates; and
1691 (ii) second, to obtain specimens from minors whose cases are under the jurisdiction of
1692 the court after July 1, 2002, within 120 days of the minor's case being found to be within the
1693 court's jurisdiction, if possible, but no later than before the court's jurisdiction over the minor's
1694 case terminates.
1695 (c) Priority of obtaining DNA specimens by the division from minors under Section
1696 53-10-403 who are committed to the legal custody of the division shall be:
1697 (i) first, to obtain specimens from minors who as of July 1, 2002, are within the
1698 division's legal custody and who have not previously provided a DNA specimen under this
1699 section, before termination of the division's legal custody of these minors; and
1700 (ii) second, to obtain specimens from minors who are placed in the legal custody of the
1701 division after July 1, 2002, within 120 days of the minor's being placed in the custody of the
1702 division, if possible, but no later than before the termination of the court's jurisdiction over the
1703 minor's case.
1704 (8) (a) The Department of Corrections, the juvenile court, the Division of Juvenile
1705 Justice Services, and all law enforcement agencies in the state shall by policy establish
1706 procedures for obtaining saliva DNA specimens, and shall provide training for employees
1707 designated to collect saliva DNA specimens.
1708 (b) (i) The department may designate correctional officers, including those employed
1709 by the adult probation and parole section of the department, to obtain the saliva DNA
1710 specimens required under this section.
1711 (ii) The department shall ensure that the designated employees receive appropriate
1712 training and that the specimens are obtained in accordance with accepted protocol.
1713 (c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405.
1714 Section 35. Section 53-13-104 is amended to read:
1715 53-13-104. Correctional officer.
1716 (1) (a) "Correctional officer" means a sworn and certified officer employed by the
1717 Department of Corrections, any political subdivision of the state, or any private entity which
1718 contracts with the state or [
1719 individuals who [
1720 (b) "Correctional officer" includes an individual assigned to carry out any of the
1721 following types of functions:
1722 (i) controlling, transporting, supervising, and taking into custody of persons arrested or
1723 convicted of crimes;
1724 (ii) supervising and preventing the escape of persons in state and local incarceration
1725 facilities;
1726 (iii) guarding and managing [
1727 and enforcement services at a correctional facility; and
1728 (iv) employees of the Board of Pardons and Parole serving on or before September 1,
1729 1993, whose primary responsibility is to prevent and detect crime, enforce criminal statutes,
1730 and provide security to the Board of Pardons and Parole, and who are designated by the Board
1731 of Pardons and Parole, approved by the commissioner of public safety, and certified by the
1732 Peace Officer Standards and Training Division.
1733 (2) (a) Correctional officers have peace officer authority only while on duty. The
1734 authority of correctional officers employed by the Department of Corrections is regulated by
1735 Title 64, Chapter 13, Department of Corrections - State Prison.
1736 (b) Correctional officers may carry firearms only if authorized by and under conditions
1737 specified by the director of the Department of Corrections or the chief law enforcement officer
1738 of the employing agency.
1739 (3) (a) An individual may not exercise the authority of an adult correctional officer
1740 until the individual has satisfactorily completed a basic training program for correctional
1741 officers and the director of the Department of Corrections has certified the completion of
1742 training to the director of the division.
1743 (b) An individual may not exercise the authority of a county correctional officer until:
1744 (i) the individual has satisfactorily completed a basic training program for correctional
1745 officers and any other specialized training required by the local law enforcement agency; and
1746 (ii) the chief administrator of the local law enforcement agency has certified the
1747 completion of training to the director of the division.
1748 (4) (a) The Department of Corrections of the state shall establish and maintain a
1749 correctional officer basic course and in-service training programs as approved by the director of
1750 the division with the advice and consent of the council.
1751 (b) The in-service training shall:
1752 (i) consist of no fewer than 40 hours per year; and
1753 (ii) be conducted by the agency's own staff or other agencies.
1754 (5) The local law enforcement agencies may establish correctional officer basic,
1755 advanced, or in-service training programs as approved by the director of the division with the
1756 advice and consent of the council.
1757 (6) An individual shall be 19 years old or older before being certified or employed as a
1758 correctional officer under this section.
1759 Section 36. Section 53B-7-103 is amended to read:
1760 53B-7-103. Board designated state educational agent for federal contracts and
1761 aid -- Individual research grants -- Powers of institutions or foundations under
1762 authorized programs.
1763 (1) (a) The board is the designated state educational agency authorized to negotiate and
1764 contract with the federal government and to accept financial or other assistance from the
1765 federal government or any of its agencies in the name of and in behalf of the state of Utah,
1766 under terms and conditions as may be prescribed by congressional enactment designed to
1767 further higher education.
1768 (b) Nothing in this chapter alters or limits the authority of the Division of Facilities
1769 Construction and Management to act as the designated state agency to administer programs on
1770 behalf of and accept funds from federal, state, and other sources, for capital facilities for the
1771 benefit of higher education.
1772 (2) (a) Subject to policies and procedures established by the board, an institution of
1773 higher education and the institution of higher education's employees may apply for and receive
1774 grants or research and development contracts within the educational role of the recipient
1775 institution.
1776 (b) A program described in Subsection (2)(a) may be conducted by and through the
1777 institution, or by and through any foundation or organization that is established for the purpose
1778 of assisting the institution in the accomplishment of the institution's purposes.
1779 (3) An institution or the institution's foundation or organization engaged in a program
1780 authorized by the board may do the following:
1781 (a) enter into contracts with federal, state, or local governments or their subsidiary
1782 agencies or departments, with private organizations, companies, firms, or industries, or with
1783 individuals for conducting the authorized programs;
1784 (b) subject to the approval of the controlling state agency, conduct authorized programs
1785 within any of the penal, corrective, or custodial institutions of this state and engage the
1786 voluntary participation of [
1787 (c) accept contributions, grants, or gifts from, and enter into contracts and cooperative
1788 agreements with, any private organization, company, firm, industry, or individual, or any
1789 governmental agency or department, for support of authorized programs within the educational
1790 role of the recipient institution, and may agree to provide matching funds with respect to those
1791 programs from resources available to the institution; and
1792 (d) retain, accumulate, invest, commit, and expend the funds and proceeds from
1793 programs funded under Subsection (3)(c), including the acquisition of real and personal
1794 property reasonably required for their accomplishment, except that no portion of the funds and
1795 proceeds may be diverted from or used for purposes other than those authorized or undertaken
1796 under Subsection (3)(c), or may ever become a charge upon or obligation of the state of Utah or
1797 the general funds appropriated for the normal operations of the institution unless otherwise
1798 permitted by law.
1799 (4) (a) Except as provided in Subsection (4)(b), all contracts and research or
1800 development grants or contracts requiring the use or commitment of facilities, equipment, or
1801 personnel under the control of an institution of higher education are subject to the approval of
1802 the board.
1803 (b) (i) The board may delegate the approval of a contract or grant described in
1804 Subsection (4)(a) to an institution of higher education board of trustees.
1805 (ii) If the board makes a delegation described in Subsection (4)(b)(i), the board of
1806 trustees shall annually report to the board on all approved contracts or grants.
1807 Section 37. Section 58-37-8 is amended to read:
1808 58-37-8. Prohibited acts -- Penalties.
1809 (1) Prohibited acts A -- Penalties and reporting:
1810 (a) Except as authorized by this chapter, it is unlawful for a person to knowingly and
1811 intentionally:
1812 (i) produce, manufacture, or dispense, or to possess with intent to produce,
1813 manufacture, or dispense, a controlled or counterfeit substance;
1814 (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
1815 arrange to distribute a controlled or counterfeit substance;
1816 (iii) possess a controlled or counterfeit substance with intent to distribute; or
1817 (iv) engage in a continuing criminal enterprise where:
1818 (A) the person participates, directs, or engages in conduct that results in a violation of
1819 Chapter 37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act,
1820 Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance
1821 Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, that is a felony; and
1822 (B) the violation is a part of a continuing series of two or more violations of Chapter
1823 37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b,
1824 Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act,
1825 or Chapter 37d, Clandestine Drug Lab Act, on separate occasions that are undertaken in concert
1826 with five or more persons with respect to whom the person occupies a position of organizer,
1827 supervisor, or any other position of management.
1828 (b) A person convicted of violating Subsection (1)(a) with respect to:
1829 (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
1830 substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
1831 degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
1832 subsequent conviction is guilty of a first degree felony;
1833 (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
1834 marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and
1835 upon a second or subsequent conviction is guilty of a second degree felony; or
1836 (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
1837 class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
1838 felony.
1839 (c) A person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii) may
1840 be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier of
1841 fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on the
1842 person or in the person's immediate possession during the commission or in furtherance of the
1843 offense, the court shall additionally sentence the person convicted for a term of one year to run
1844 consecutively and not concurrently; and the court may additionally sentence the person
1845 convicted for an indeterminate term not to exceed five years to run consecutively and not
1846 concurrently.
1847 (d) (i) A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
1848 felony punishable by imprisonment for an indeterminate term of not less than:
1849 (A) seven years and which may be for life; or
1850 (B) 15 years and which may be for life if the trier of fact determined that the defendant
1851 knew or reasonably should have known that any subordinate under Subsection (1)(a)(iv)(B)
1852 was under 18 years old.
1853 (ii) Imposition or execution of the sentence may not be suspended, and the person is
1854 not eligible for probation.
1855 (iii) Subsection (1)(d)(i)(B) does not apply to any defendant who, at the time of the
1856 offense, was under 18 years old.
1857 (e) The Administrative Office of the Courts shall report to the Division of Professional
1858 Licensing the name, case number, date of conviction, and if known, the date of birth of each
1859 person convicted of violating Subsection (1)(a).
1860 (2) Prohibited acts B -- Penalties and reporting:
1861 (a) It is unlawful:
1862 (i) for a person knowingly and intentionally to possess or use a controlled substance
1863 analog or a controlled substance, unless it was obtained under a valid prescription or order,
1864 directly from a practitioner while acting in the course of the person's professional practice, or as
1865 otherwise authorized by this chapter;
1866 (ii) for an owner, tenant, licensee, or person in control of a building, room, tenement,
1867 vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to be occupied
1868 by persons unlawfully possessing, using, or distributing controlled substances in any of those
1869 locations; or
1870 (iii) for a person knowingly and intentionally to possess an altered or forged
1871 prescription or written order for a controlled substance.
1872 (b) A person convicted of violating Subsection (2)(a)(i) with respect to:
1873 (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
1874 or
1875 (ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
1876 of a class A misdemeanor on a first or second conviction, and on a third or subsequent
1877 conviction if each prior offense was committed within seven years before the date of the
1878 offense upon which the current conviction is based is guilty of a third degree felony.
1879 (c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
1880 conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
1881 penalty than provided in this Subsection (2).
1882 (d) A person who violates Subsection (2)(a)(i) with respect to all other controlled
1883 substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
1884 58-37-4.2, or marijuana, is guilty of a class B misdemeanor.
1885 (i) Upon a third conviction the person is guilty of a class A misdemeanor, if each prior
1886 offense was committed within seven years before the date of the offense upon which the
1887 current conviction is based.
1888 (ii) Upon a fourth or subsequent conviction the person is guilty of a third degree felony
1889 if each prior offense was committed within seven years before the date of the offense upon
1890 which the current conviction is based.
1891 (e) A person convicted of violating Subsection (2)(a)(i) while inside the exterior
1892 boundaries of property occupied by a correctional facility as defined in Section 64-13-1 or a
1893 public jail or other place of confinement shall be sentenced to a penalty one degree greater than
1894 provided in Subsection (2)(b), and if the conviction is with respect to controlled substances as
1895 listed in:
1896 (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
1897 indeterminate term as provided by law, and:
1898 (A) the court shall additionally sentence the person convicted to a term of one year to
1899 run consecutively and not concurrently; and
1900 (B) the court may additionally sentence the person convicted for an indeterminate term
1901 not to exceed five years to run consecutively and not concurrently; and
1902 (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
1903 indeterminate term as provided by law, and the court shall additionally sentence the person
1904 convicted to a term of six months to run consecutively and not concurrently.
1905 (f) A person convicted of violating Subsection (2)(a)(ii) or (iii) is:
1906 (i) on a first conviction, guilty of a class B misdemeanor;
1907 (ii) on a second conviction, guilty of a class A misdemeanor; and
1908 (iii) on a third or subsequent conviction, guilty of a third degree felony.
1909 (g) The Administrative Office of the Courts shall report to the Division of Professional
1910 Licensing the name, case number, date of conviction, and if known, the date of birth of each
1911 person convicted of violating Subsection (2)(a).
1912 (3) Prohibited acts C -- Penalties:
1913 (a) It is unlawful for a person knowingly and intentionally:
1914 (i) to use in the course of the manufacture or distribution of a controlled substance a
1915 license number which is fictitious, revoked, suspended, or issued to another person or, for the
1916 purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
1917 manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
1918 person;
1919 (ii) to acquire or obtain possession of, to procure or attempt to procure the
1920 administration of, to obtain a prescription for, to prescribe or dispense to a person known to be
1921 attempting to acquire or obtain possession of, or to procure the administration of a controlled
1922 substance by misrepresentation or failure by the person to disclose receiving a controlled
1923 substance from another source, fraud, forgery, deception, subterfuge, alteration of a
1924 prescription or written order for a controlled substance, or the use of a false name or address;
1925 (iii) to make a false or forged prescription or written order for a controlled substance,
1926 or to utter the same, or to alter a prescription or written order issued or written under the terms
1927 of this chapter; or
1928 (iv) to make, distribute, or possess a punch, die, plate, stone, or other thing designed to
1929 print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
1930 device of another or any likeness of any of the foregoing upon any drug or container or labeling
1931 so as to render a drug a counterfeit controlled substance.
1932 (b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
1933 misdemeanor.
1934 (ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
1935 degree felony.
1936 (c) A violation of Subsection (3)(a)(iv) is a third degree felony.
1937 (4) Prohibited acts D -- Penalties:
1938 (a) Notwithstanding other provisions of this section, a person not authorized under this
1939 chapter who commits any act that is unlawful under Subsection (1)(a) or Section 58-37b-4 is
1940 upon conviction subject to the penalties and classifications under this Subsection (4) if the trier
1941 of fact finds the act is committed:
1942 (i) in a public or private elementary or secondary school or on the grounds of any of
1943 those schools during the hours of 6 a.m. through 10 p.m.;
1944 (ii) in a public or private vocational school or postsecondary institution or on the
1945 grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
1946 (iii) in or on the grounds of a preschool or child-care facility during the preschool's or
1947 facility's hours of operation;
1948 (iv) in a public park, amusement park, arcade, or recreation center when the public or
1949 amusement park, arcade, or recreation center is open to the public;
1950 (v) in or on the grounds of a house of worship as defined in Section 76-10-501;
1951 (vi) in or on the grounds of a library when the library is open to the public;
1952 (vii) within an area that is within 100 feet of any structure, facility, or grounds included
1953 in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
1954 (viii) in the presence of a person younger than 18 years old, regardless of where the act
1955 occurs; or
1956 (ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
1957 distribution of a substance in violation of this section to an [
1958 on the grounds of a correctional facility as defined in Section 76-8-311.3.
1959 (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
1960 and shall be imprisoned for a term of not less than five years if the penalty that would
1961 otherwise have been established but for this Subsection (4) would have been a first degree
1962 felony.
1963 (ii) Imposition or execution of the sentence may not be suspended, and the person is
1964 not eligible for probation.
1965 (c) If the classification that would otherwise have been established would have been
1966 less than a first degree felony but for this Subsection (4), a person convicted under this
1967 Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
1968 offense.
1969 (d) (i) If the violation is of Subsection (4)(a)(ix):
1970 (A) the person may be sentenced to imprisonment for an indeterminate term as
1971 provided by law, and the court shall additionally sentence the person convicted for a term of
1972 one year to run consecutively and not concurrently; and
1973 (B) the court may additionally sentence the person convicted for an indeterminate term
1974 not to exceed five years to run consecutively and not concurrently; and
1975 (ii) the penalties under this Subsection (4)(d) apply also to a person who, acting with
1976 the mental state required for the commission of an offense, directly or indirectly solicits,
1977 requests, commands, coerces, encourages, or intentionally aids another person to commit a
1978 violation of Subsection (4)(a)(ix).
1979 (e) It is not a defense to a prosecution under this Subsection (4) that:
1980 (i) the actor mistakenly believed the individual to be 18 years old or older at the time of
1981 the offense or was unaware of the individual's true age; or
1982 (ii) the actor mistakenly believed that the location where the act occurred was not as
1983 described in Subsection (4)(a) or was unaware that the location where the act occurred was as
1984 described in Subsection (4)(a).
1985 (5) A violation of this chapter for which no penalty is specified is a class B
1986 misdemeanor.
1987 (6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
1988 guilty or no contest to a violation or attempted violation of this section or a plea which is held
1989 in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
1990 even if the charge has been subsequently reduced or dismissed in accordance with the plea in
1991 abeyance agreement.
1992 (b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
1993 conviction that is:
1994 (i) from a separate criminal episode than the current charge; and
1995 (ii) from a conviction that is separate from any other conviction used to enhance the
1996 current charge.
1997 (7) A person may be charged and sentenced for a violation of this section,
1998 notwithstanding a charge and sentence for a violation of any other section of this chapter.
1999 (8) (a) A penalty imposed for violation of this section is in addition to, and not in lieu
2000 of, a civil or administrative penalty or sanction authorized by law.
2001 (b) When a violation of this chapter violates a federal law or the law of another state,
2002 conviction or acquittal under federal law or the law of another state for the same act is a bar to
2003 prosecution in this state.
2004 (9) In any prosecution for a violation of this chapter, evidence or proof that shows a
2005 person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
2006 substance or substances, is prima facie evidence that the person or persons did so with
2007 knowledge of the character of the substance or substances.
2008 (10) This section does not prohibit a veterinarian, in good faith and in the course of the
2009 veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
2010 administering controlled substances or from causing the substances to be administered by an
2011 assistant or orderly under the veterinarian's direction and supervision.
2012 (11) Civil or criminal liability may not be imposed under this section on:
2013 (a) a person registered under this chapter who manufactures, distributes, or possesses
2014 an imitation controlled substance for use as a placebo or investigational new drug by a
2015 registered practitioner in the ordinary course of professional practice or research; or
2016 (b) a law enforcement officer acting in the course and legitimate scope of the officer's
2017 employment.
2018 (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
2019 as defined in Section 58-37-2, who uses, possesses, or transports peyote for bona fide
2020 traditional ceremonial purposes in connection with the practice of a traditional Indian religion
2021 as defined in Section 58-37-2.
2022 (b) In a prosecution alleging violation of this section regarding peyote as defined in
2023 Section 58-37-4, it is an affirmative defense that the peyote was used, possessed, or transported
2024 by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a
2025 traditional Indian religion.
2026 (c) (i) The defendant shall provide written notice of intent to claim an affirmative
2027 defense under this Subsection (12) as soon as practicable, but not later than 10 days before
2028 trial.
2029 (ii) The notice shall include the specific claims of the affirmative defense.
2030 (iii) The court may waive the notice requirement in the interest of justice for good
2031 cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
2032 (d) The defendant shall establish the affirmative defense under this Subsection (12) by
2033 a preponderance of the evidence. If the defense is established, it is a complete defense to the
2034 charges.
2035 (13) (a) It is an affirmative defense that the person produced, possessed, or
2036 administered a controlled substance listed in Section 58-37-4.2 if the person was:
2037 (i) engaged in medical research; and
2038 (ii) a holder of a valid license to possess controlled substances under Section 58-37-6.
2039 (b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
2040 a controlled substance listed in Section 58-37-4.2.
2041 (14) It is an affirmative defense that the person possessed, in the person's body, a
2042 controlled substance listed in Section 58-37-4.2 if:
2043 (a) the person was the subject of medical research conducted by a holder of a valid
2044 license to possess controlled substances under Section 58-37-6; and
2045 (b) the substance was administered to the person by the medical researcher.
2046 (15) The application of any increase in penalty under this section to a violation of
2047 Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
2048 Subsection (15) takes precedence over any conflicting provision of this section.
2049 (16) (a) It is an affirmative defense to an allegation of the commission of an offense
2050 listed in Subsection (16)(b) that the person or bystander:
2051 (i) reasonably believes that the person or another person is experiencing an overdose
2052 event due to the ingestion, injection, inhalation, or other introduction into the human body of a
2053 controlled substance or other substance;
2054 (ii) reports, or assists a person who reports, in good faith the overdose event to a
2055 medical provider, an emergency medical service provider as defined in Section 26-8a-102, a
2056 law enforcement officer, a 911 emergency call system, or an emergency dispatch system, or the
2057 person is the subject of a report made under this Subsection (16);
2058 (iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
2059 actual location of the overdose event that facilitates responding to the person experiencing the
2060 overdose event;
2061 (iv) remains at the location of the person experiencing the overdose event until a
2062 responding law enforcement officer or emergency medical service provider arrives, or remains
2063 at the medical care facility where the person experiencing an overdose event is located until a
2064 responding law enforcement officer arrives;
2065 (v) cooperates with the responding medical provider, emergency medical service
2066 provider, and law enforcement officer, including providing information regarding the person
2067 experiencing the overdose event and any substances the person may have injected, inhaled, or
2068 otherwise introduced into the person's body; and
2069 (vi) is alleged to have committed the offense in the same course of events from which
2070 the reported overdose arose.
2071 (b) The offenses referred to in Subsection (16)(a) are:
2072 (i) the possession or use of less than 16 ounces of marijuana;
2073 (ii) the possession or use of a scheduled or listed controlled substance other than
2074 marijuana; and
2075 (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
2076 Imitation Controlled Substances Act.
2077 (c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
2078 include seeking medical assistance under this section during the course of a law enforcement
2079 agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
2080 (17) If any provision of this chapter, or the application of any provision to any person
2081 or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
2082 invalid provision or application.
2083 (18) A legislative body of a political subdivision may not enact an ordinance that is
2084 less restrictive than any provision of this chapter.
2085 (19) If a minor who is under 18 years old is found by a court to have violated this
2086 section or Subsection 76-5-102.1(2)(b) or 76-5-207(2)(b), the court may order the minor to
2087 complete:
2088 (a) a screening as defined in Section 41-6a-501;
2089 (b) an assessment as defined in Section 41-6a-501 if the screening indicates an
2090 assessment to be appropriate; and
2091 (c) an educational series as defined in Section 41-6a-501 or substance use disorder
2092 treatment as indicated by an assessment.
2093 Section 38. Section 59-12-402.1 is amended to read:
2094 59-12-402.1. State correctional facility sales and use tax -- Base -- Rate --
2095 Collection fees -- Imposition -- Prohibition of military installation development authority
2096 imposition of tax.
2097 (1) As used in this section, "new state correctional facility" means a new prison in the
2098 state:
2099 (a) that is operated by the Department of Corrections;
2100 (b) the construction of which begins on or after May 12, 2015; and
2101 (c) that provides a capacity of 2,500 or more [
2102 (2) Subject to the other provisions of this part, a city or town legislative body may
2103 impose a tax under this section if the construction of a new state correctional facility has begun
2104 within the boundaries of the city or town.
2105 (3) For purposes of this section, the tax rate may not exceed .5%.
2106 (4) Except as provided in Subsection (5), a tax under this section shall be imposed on
2107 the transactions described in Subsection 59-12-103(1) within the city or town.
2108 (5) A city or town may not impose a tax under this section on:
2109 (a) the sale of:
2110 (i) a motor vehicle;
2111 (ii) an aircraft;
2112 (iii) a watercraft;
2113 (iv) a modular home;
2114 (v) a manufactured home; or
2115 (vi) a mobile home;
2116 (b) the sales and uses described in Section 59-12-104 to the extent the sales and uses
2117 are exempt under Section 59-12-104; and
2118 (c) except as provided in Subsection (7), amounts paid or charged for food and food
2119 ingredients.
2120 (6) For purposes of this section, the location of a transaction shall be determined in
2121 accordance with Sections 59-12-211 through 59-12-215.
2122 (7) A city or town that imposes a tax under this section shall impose the tax on the
2123 purchase price or sales price for amounts paid or charged for food and food ingredients if the
2124 food and food ingredients are sold as part of a bundled transaction attributable to food and food
2125 ingredients and tangible personal property other than food and food ingredients.
2126 (8) A city or town may impose a tax under this section by majority vote of the
2127 members of the city or town legislative body.
2128 (9) A city or town that imposes a tax under this section is not subject to Section
2129 59-12-405.
2130 (10) A military installation development authority may not impose a tax under this
2131 section.
2132 Section 39. Section 62A-2-120 is amended to read:
2133 62A-2-120. Background check -- Direct access to children or vulnerable adults.
2134 (1) As used in this section:
2135 (a) (i) "Applicant" means:
2136 (A) the same as that term is defined in Section 62A-2-101;
2137 (B) an individual who is associated with a licensee and has or will likely have direct
2138 access to a child or a vulnerable adult;
2139 (C) an individual who provides respite care to a foster parent or an adoptive parent on
2140 more than one occasion;
2141 (D) a department contractor;
2142 (E) an individual who transports a child for a youth transportation company;
2143 (F) a guardian submitting an application on behalf of an individual, other than the child
2144 or vulnerable adult who is receiving the service, if the individual is 12 years old or older and
2145 resides in a home, that is licensed or certified by the office, with the child or vulnerable adult
2146 who is receiving services; or
2147 (G) a guardian submitting an application on behalf of an individual, other than the
2148 child or vulnerable adult who is receiving the service, if the individual is 12 years old or older
2149 and is a person described in Subsection (1)(a)(i)(A), (B), (C), or (D).
2150 (ii) "Applicant" does not mean an individual, including an adult, who is in the custody
2151 of the Division of Child and Family Services or the Division of Juvenile Justice Services.
2152 (b) "Application" means a background screening application to the office.
2153 (c) "Bureau" means the Bureau of Criminal Identification within the Department of
2154 Public Safety, created in Section 53-10-201.
2155 (d) "Incidental care" means occasional care, not in excess of five hours per week and
2156 never overnight, for a foster child.
2157 (e) "Personal identifying information" means:
2158 (i) current name, former names, nicknames, and aliases;
2159 (ii) date of birth;
2160 (iii) physical address and email address;
2161 (iv) telephone number;
2162 (v) driver license or other government-issued identification;
2163 (vi) social security number;
2164 (vii) only for applicants who are 18 years old or older, fingerprints, in a form specified
2165 by the office; and
2166 (viii) other information specified by the office by rule made in accordance with Title
2167 63G, Chapter 3, Utah Administrative Rulemaking Act.
2168 (2) (a) Except as provided in Subsection (13), an applicant or a representative shall
2169 submit the following to the office:
2170 (i) personal identifying information;
2171 (ii) a fee established by the office under Section 63J-1-504; and
2172 (iii) a disclosure form, specified by the office, for consent for:
2173 (A) an initial background check upon submission of the information described under
2174 this Subsection (2)(a);
2175 (B) ongoing monitoring of fingerprints and registries until no longer associated with a
2176 licensee for 90 days;
2177 (C) a background check when the office determines that reasonable cause exists; and
2178 (D) retention of personal identifying information, including fingerprints, for
2179 monitoring and notification as described in Subsections (3)(d) and (4).
2180 (b) In addition to the requirements described in Subsection (2)(a), if an applicant
2181 resided outside of the United States and its territories during the five years immediately
2182 preceding the day on which the information described in Subsection (2)(a) is submitted to the
2183 office, the office may require the applicant to submit documentation establishing whether the
2184 applicant was convicted of a crime during the time that the applicant resided outside of the
2185 United States or its territories.
2186 (3) The office:
2187 (a) shall perform the following duties as part of a background check of an applicant:
2188 (i) check state and regional criminal background databases for the applicant's criminal
2189 history by:
2190 (A) submitting personal identifying information to the bureau for a search; or
2191 (B) using the applicant's personal identifying information to search state and regional
2192 criminal background databases as authorized under Section 53-10-108;
2193 (ii) submit the applicant's personal identifying information and fingerprints to the
2194 bureau for a criminal history search of applicable national criminal background databases;
2195 (iii) search the Department of Health and Human Services, Division of Child and
2196 Family Services' Licensing Information System described in Section 80-2-1002;
2197 (iv) search the Department of Health and Human Services, Division of Aging and
2198 Adult Services' vulnerable adult abuse, neglect, or exploitation database described in Section
2199 62A-3-311.1;
2200 (v) search the juvenile court records for substantiated findings of severe child abuse or
2201 neglect described in Section 80-3-404; and
2202 (vi) search the juvenile court arrest, adjudication, and disposition records, as provided
2203 under Section 78A-6-209;
2204 (b) shall conduct a background check of an applicant for an initial background check
2205 upon submission of the information described under Subsection (2)(a);
2206 (c) may conduct all or portions of a background check of an applicant, as provided by
2207 rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
2208 Rulemaking Act:
2209 (i) for an annual renewal; or
2210 (ii) when the office determines that reasonable cause exists;
2211 (d) may submit an applicant's personal identifying information, including fingerprints,
2212 to the bureau for checking, retaining, and monitoring of state and national criminal background
2213 databases and for notifying the office of new criminal activity associated with the applicant;
2214 (e) shall track the status of an approved applicant under this section to ensure that an
2215 approved applicant is not required to duplicate the submission of the applicant's fingerprints if
2216 the applicant applies for:
2217 (i) more than one license;
2218 (ii) direct access to a child or a vulnerable adult in more than one human services
2219 program; or
2220 (iii) direct access to a child or a vulnerable adult under a contract with the department;
2221 (f) shall track the status of each license and each individual with direct access to a child
2222 or a vulnerable adult and notify the bureau within 90 days after the day on which the license
2223 expires or the individual's direct access to a child or a vulnerable adult ceases;
2224 (g) shall adopt measures to strictly limit access to personal identifying information
2225 solely to the individuals responsible for processing and entering the applications for
2226 background checks and to protect the security of the personal identifying information the office
2227 reviews under this Subsection (3);
2228 (h) as necessary to comply with the federal requirement to check a state's child abuse
2229 and neglect registry regarding any individual working in a congregate care program, shall:
2230 (i) search the Department of Health and Human Services, Division of Child and Family
2231 Services' Licensing Information System described in Section 80-2-1002; and
2232 (ii) require the child abuse and neglect registry be checked in each state where an
2233 applicant resided at any time during the five years immediately preceding the day on which the
2234 applicant submits the information described in Subsection (2)(a) to the office; and
2235 (i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
2236 Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
2237 checks.
2238 (4) (a) With the personal identifying information the office submits to the bureau under
2239 Subsection (3), the bureau shall check against state and regional criminal background databases
2240 for the applicant's criminal history.
2241 (b) With the personal identifying information and fingerprints the office submits to the
2242 bureau under Subsection (3), the bureau shall check against national criminal background
2243 databases for the applicant's criminal history.
2244 (c) Upon direction from the office, and with the personal identifying information and
2245 fingerprints the office submits to the bureau under Subsection (3)(d), the bureau shall:
2246 (i) maintain a separate file of the fingerprints for search by future submissions to the
2247 local and regional criminal records databases, including latent prints; and
2248 (ii) monitor state and regional criminal background databases and identify criminal
2249 activity associated with the applicant.
2250 (d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
2251 Investigation Next Generation Identification System, to be retained in the Federal Bureau of
2252 Investigation Next Generation Identification System for the purpose of:
2253 (i) being searched by future submissions to the national criminal records databases,
2254 including the Federal Bureau of Investigation Next Generation Identification System and latent
2255 prints; and
2256 (ii) monitoring national criminal background databases and identifying criminal
2257 activity associated with the applicant.
2258 (e) The Bureau shall notify and release to the office all information of criminal activity
2259 associated with the applicant.
2260 (f) Upon notice from the office that a license has expired or an individual's direct
2261 access to a child or a vulnerable adult has ceased for 90 days, the bureau shall:
2262 (i) discard and destroy any retained fingerprints; and
2263 (ii) notify the Federal Bureau of Investigation when the license has expired or an
2264 individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
2265 of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
2266 Investigation Next Generation Identification System.
2267 (5) (a) After conducting the background check described in Subsections (3) and (4), the
2268 office shall deny an application to an applicant who, within three years before the day on which
2269 the applicant submits information to the office under Subsection (2) for a background check,
2270 has been convicted of any of the following, regardless of whether the offense is a felony, a
2271 misdemeanor, or an infraction:
2272 (i) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
2273 animals, or bestiality;
2274 (ii) a violation of any pornography law, including sexual exploitation of a minor or
2275 aggravated sexual exploitation of a minor;
2276 (iii) prostitution;
2277 (iv) an offense included in:
2278 (A) Title 76, Chapter 5, Offenses Against the Individual;
2279 (B) Section 76-5b-201, Sexual Exploitation of a Minor;
2280 (C) Section 76-5b-201.1, Aggravated Sexual Exploitation of a Minor; or
2281 (D) Title 76, Chapter 7, Offenses Against the Family;
2282 (v) aggravated arson, as described in Section 76-6-103;
2283 (vi) aggravated burglary, as described in Section 76-6-203;
2284 (vii) aggravated robbery, as described in Section 76-6-302;
2285 (viii) identity fraud crime, as described in Section 76-6-1102; or
2286 (ix) a felony or misdemeanor offense committed outside of the state that, if committed
2287 in the state, would constitute a violation of an offense described in Subsections (5)(a)(i)
2288 through (viii).
2289 (b) If the office denies an application to an applicant based on a conviction described in
2290 Subsection (5)(a), the applicant is not entitled to a comprehensive review described in
2291 Subsection (6).
2292 (c) If the applicant will be working in a program serving only adults whose only
2293 impairment is a mental health diagnosis, including that of a serious mental health disorder,
2294 with or without co-occurring substance use disorder, the denial provisions of Subsection (5)(a)
2295 do not apply, and the office shall conduct a comprehensive review as described in Subsection
2296 (6).
2297 (6) (a) The office shall conduct a comprehensive review of an applicant's background
2298 check if the applicant:
2299 (i) has an open court case or a conviction for any felony offense, not described in
2300 Subsection (5)(a), with a date of conviction that is no more than 10 years before the date on
2301 which the applicant submits the application;
2302 (ii) has an open court case or a conviction for a misdemeanor offense, not described in
2303 Subsection (5)(a), and designated by the office, by rule, in accordance with Title 63G, Chapter
2304 3, Utah Administrative Rulemaking Act, if the conviction is within three years before the day
2305 on which the applicant submits information to the office under Subsection (2) for a background
2306 check;
2307 (iii) has a conviction for any offense described in Subsection (5)(a) that occurred more
2308 than three years before the day on which the applicant submitted information under Subsection
2309 (2)(a);
2310 (iv) is currently subject to a plea in abeyance or diversion agreement for any offense
2311 described in Subsection (5)(a);
2312 (v) has a listing in the Department of Health and Human Services, Division of Child
2313 and Family Services' Licensing Information System described in Section 80-2-1002;
2314 (vi) has a listing in the Department of Health and Human Services, Division of Aging
2315 and Adult Services' vulnerable adult abuse, neglect, or exploitation database described in
2316 Section 62A-3-311.1;
2317 (vii) has a record in the juvenile court of a substantiated finding of severe child abuse
2318 or neglect described in Section 80-3-404;
2319 (viii) has a record of an adjudication in juvenile court for an act that, if committed by
2320 an adult, would be a felony or misdemeanor, if the applicant is:
2321 (A) under 28 years old; or
2322 (B) 28 years old or older and has been convicted of, has pleaded no contest to, or is
2323 currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor
2324 offense described in Subsection (5)(a);
2325 (ix) has a pending charge for an offense described in Subsection (5)(a); or
2326 (x) is an applicant described in Subsection (5)(c).
2327 (b) The comprehensive review described in Subsection (6)(a) shall include an
2328 examination of:
2329 (i) the date of the offense or incident;
2330 (ii) the nature and seriousness of the offense or incident;
2331 (iii) the circumstances under which the offense or incident occurred;
2332 (iv) the age of the perpetrator when the offense or incident occurred;
2333 (v) whether the offense or incident was an isolated or repeated incident;
2334 (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
2335 adult, including:
2336 (A) actual or threatened, nonaccidental physical, mental, or financial harm;
2337 (B) sexual abuse;
2338 (C) sexual exploitation; or
2339 (D) negligent treatment;
2340 (vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
2341 treatment received, or additional academic or vocational schooling completed;
2342 (viii) the applicant's risk of harm to clientele in the program or in the capacity for
2343 which the applicant is applying; and
2344 (ix) any other pertinent information presented to or publicly available to the committee
2345 members.
2346 (c) At the conclusion of the comprehensive review described in Subsection (6)(a), the
2347 office shall deny an application to an applicant if the office finds that approval would likely
2348 create a risk of harm to a child or a vulnerable adult.
2349 (d) At the conclusion of the comprehensive review described in Subsection (6)(a), the
2350 office may not deny an application to an applicant solely because the applicant was convicted
2351 of an offense that occurred 10 or more years before the day on which the applicant submitted
2352 the information required under Subsection (2)(a) if:
2353 (i) the applicant has not committed another misdemeanor or felony offense after the
2354 day on which the conviction occurred; and
2355 (ii) the applicant has never been convicted of an offense described in Subsection
2356 (14)(c).
2357 (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2358 office may make rules, consistent with this chapter, to establish procedures for the
2359 comprehensive review described in this Subsection (6).
2360 (7) Subject to Subsection (10), the office shall approve an application to an applicant
2361 who is not denied under Subsection (5), (6), or (14).
2362 (8) (a) The office may conditionally approve an application of an applicant, for a
2363 maximum of 60 days after the day on which the office sends written notice to the applicant
2364 under Subsection (12), without requiring that the applicant be directly supervised, if the office:
2365 (i) is awaiting the results of the criminal history search of national criminal background
2366 databases; and
2367 (ii) would otherwise approve an application of the applicant under Subsection (7).
2368 (b) The office may conditionally approve an application of an applicant, for a
2369 maximum of one year after the day on which the office sends written notice to the applicant
2370 under Subsection (12), without requiring that the applicant be directly supervised if the office:
2371 (i) is awaiting the results of an out-of-state registry for providers other than foster and
2372 adoptive parents; and
2373 (ii) would otherwise approve an application of the applicant under Subsection (7).
2374 (c) Upon receiving the results of the criminal history search of a national criminal
2375 background database, the office shall approve or deny the application of the applicant in
2376 accordance with Subsections (5) through (7).
2377 (9) A licensee or department contractor may not permit an individual to have direct
2378 access to a child or a vulnerable adult unless, subject to Subsection (10):
2379 (a) the individual is associated with the licensee or department contractor and:
2380 (i) the individual's application is approved by the office under this section;
2381 (ii) the individual's application is conditionally approved by the office under
2382 Subsection (8); or
2383 (iii) (A) the individual has submitted the background check information described in
2384 Subsection (2) to the office;
2385 (B) the office has not determined whether to approve the applicant's application; and
2386 (C) the individual is directly supervised by an individual who has a current background
2387 screening approval issued by the office under this section and is associated with the licensee or
2388 department contractor;
2389 (b) (i) the individual is associated with the licensee or department contractor;
2390 (ii) the individual has a current background screening approval issued by the office
2391 under this section;
2392 (iii) one of the following circumstances, that the office has not yet reviewed under
2393 Subsection (6), applies to the individual:
2394 (A) the individual was charged with an offense described in Subsection (5)(a);
2395 (B) the individual is listed in the Licensing Information System, described in Section
2396 80-2-1002;
2397 (C) the individual is listed in the vulnerable adult abuse, neglect, or exploitation
2398 database, described in Section 62A-3-311.1;
2399 (D) the individual has a record in the juvenile court of a substantiated finding of severe
2400 child abuse or neglect, described in Section 80-3-404; or
2401 (E) the individual has a record of an adjudication in juvenile court for an act that, if
2402 committed by an adult, would be a felony or a misdemeanor as described in Subsection (5)(a)
2403 or (6); and
2404 (iv) the individual is directly supervised by an individual who:
2405 (A) has a current background screening approval issued by the office under this
2406 section; and
2407 (B) is associated with the licensee or department contractor;
2408 (c) the individual:
2409 (i) is not associated with the licensee or department contractor; and
2410 (ii) is directly supervised by an individual who:
2411 (A) has a current background screening approval issued by the office under this
2412 section; and
2413 (B) is associated with the licensee or department contractor;
2414 (d) the individual is the parent or guardian of the child, or the guardian of the
2415 vulnerable adult;
2416 (e) the individual is approved by the parent or guardian of the child, or the guardian of
2417 the vulnerable adult, to have direct access to the child or the vulnerable adult;
2418 (f) the individual is only permitted to have direct access to a vulnerable adult who
2419 voluntarily invites the individual to visit; or
2420 (g) the individual only provides incidental care for a foster child on behalf of a foster
2421 parent who has used reasonable and prudent judgment to select the individual to provide the
2422 incidental care for the foster child.
2423 (10) An individual may not have direct access to a child or a vulnerable adult if the
2424 individual is prohibited by court order from having that access.
2425 (11) Notwithstanding any other provision of this section, an individual for whom the
2426 office denies an application may not have direct access to a child or vulnerable adult unless the
2427 office approves a subsequent application by the individual.
2428 (12) (a) Within 30 days after the day on which the office receives the background
2429 check information for an applicant, the office shall give notice of the clearance status to:
2430 (i) the applicant, and the licensee or department contractor, of the office's decision
2431 regarding the background check and findings; and
2432 (ii) the applicant of any convictions and potentially disqualifying charges and
2433 adjudications found in the search.
2434 (b) With the notice described in Subsection (12)(a), the office shall also give the
2435 applicant the details of any comprehensive review conducted under Subsection (6).
2436 (c) If the notice under Subsection (12)(a) states that the applicant's application is
2437 denied, the notice shall further advise the applicant that the applicant may, under Subsection
2438 62A-2-111(2), request a hearing in the department's Office of Administrative Hearings, to
2439 challenge the office's decision.
2440 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2441 office shall make rules, consistent with this chapter:
2442 (i) defining procedures for the challenge of the office's background check decision
2443 described in Subsection (12)(c); and
2444 (ii) expediting the process for renewal of a license under the requirements of this
2445 section and other applicable sections.
2446 (13) An individual or a department contractor who provides services in an adults only
2447 substance use disorder program, as defined by rule, is exempt from this section. This
2448 exemption does not extend to a program director or a member, as defined by Section
2449 62A-2-108, of the program.
2450 (14) (a) Except as provided in Subsection (14)(b), in addition to the other requirements
2451 of this section, if the background check of an applicant is being conducted for the purpose of
2452 giving clearance status to an applicant seeking a position in a congregate care program, an
2453 applicant for a one-time adoption, an applicant seeking to provide a prospective foster home, or
2454 an applicant seeking to provide a prospective adoptive home, the office shall:
2455 (i) check the child abuse and neglect registry in each state where each applicant resided
2456 in the five years immediately preceding the day on which the applicant applied to be a foster
2457 parent or adoptive parent, to determine whether the prospective foster parent or prospective
2458 adoptive parent is listed in the registry as having a substantiated or supported finding of child
2459 abuse or neglect; and
2460 (ii) check the child abuse and neglect registry in each state where each adult living in
2461 the home of the applicant described in Subsection (14)(a)(i) resided in the five years
2462 immediately preceding the day on which the applicant applied to be a foster parent or adoptive
2463 parent, to determine whether the adult is listed in the registry as having a substantiated or
2464 supported finding of child abuse or neglect.
2465 (b) The requirements described in Subsection (14)(a) do not apply to the extent that:
2466 (i) federal law or rule permits otherwise; or
2467 (ii) the requirements would prohibit the Division of Child and Family Services or a
2468 court from placing a child with:
2469 (A) a noncustodial parent under Section 80-2a-301, 80-3-302, or 80-3-303; or
2470 (B) a relative, other than a noncustodial parent, under Section 80-2a-301, 80-3-302, or
2471 80-3-303, pending completion of the background check described in Subsection (5).
2472 (c) Notwithstanding Subsections (5) through (9), the office shall deny a clearance to an
2473 applicant seeking a position in a congregate care program, an applicant for a one-time adoption,
2474 an applicant to become a prospective foster parent, or an applicant to become a prospective
2475 adoptive parent if the applicant has been convicted of:
2476 (i) a felony involving conduct that constitutes any of the following:
2477 (A) child abuse, as described in Sections 76-5-109, 76-5-109.2, and 76-5-109.3;
2478 (B) commission of domestic violence in the presence of a child, as described in Section
2479 76-5-114;
2480 (C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
2481 (D) endangerment of a child or vulnerable adult, as described in Section 76-5-112.5;
2482 (E) aggravated murder, as described in Section 76-5-202;
2483 (F) murder, as described in Section 76-5-203;
2484 (G) manslaughter, as described in Section 76-5-205;
2485 (H) child abuse homicide, as described in Section 76-5-208;
2486 (I) homicide by assault, as described in Section 76-5-209;
2487 (J) kidnapping, as described in Section 76-5-301;
2488 (K) child kidnapping, as described in Section 76-5-301.1;
2489 (L) aggravated kidnapping, as described in Section 76-5-302;
2490 (M) human trafficking of a child, as described in Section 76-5-308.5;
2491 (N) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
2492 (O) sexual exploitation of a minor, as described in Section 76-5b-201;
2493 (P) aggravated exploitation of a minor, as described in Section 76-5b-201.1;
2494 (Q) aggravated arson, as described in Section 76-6-103;
2495 (R) aggravated burglary, as described in Section 76-6-203;
2496 (S) aggravated robbery, as described in Section 76-6-302; or
2497 (T) domestic violence, as described in Section 77-36-1; or
2498 (ii) an offense committed outside the state that, if committed in the state, would
2499 constitute a violation of an offense described in Subsection (14)(c)(i).
2500 (d) Notwithstanding Subsections (5) through (9), the office shall deny a license or
2501 license renewal to a prospective foster parent or a prospective adoptive parent if, within the
2502 five years immediately preceding the day on which the individual's application or license would
2503 otherwise be approved, the applicant was convicted of a felony involving conduct that
2504 constitutes a violation of any of the following:
2505 (i) aggravated assault, as described in Section 76-5-103;
2506 (ii) aggravated assault by [
2507 Section 76-5-103.5;
2508 (iii) mayhem, as described in Section 76-5-105;
2509 (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
2510 (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
2511 (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
2512 Act;
2513 (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
2514 Precursor Act; or
2515 (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
2516 (e) In addition to the circumstances described in Subsection (6)(a), the office shall
2517 conduct the comprehensive review of an applicant's background check pursuant to this section
2518 if the registry check described in Subsection (14)(a) indicates that the individual is listed in a
2519 child abuse and neglect registry of another state as having a substantiated or supported finding
2520 of a severe type of child abuse or neglect as defined in Section 80-1-102.
2521 Section 40. Section 62A-15-103 is amended to read:
2522 62A-15-103. Division -- Creation -- Responsibilities.
2523 (1) (a) The division shall exercise responsibility over the policymaking functions,
2524 regulatory and enforcement powers, rights, duties, and responsibilities outlined in state law that
2525 were previously vested in the Division of Substance Abuse and Mental Health within the
2526 department, under the administration and general supervision of the executive director.
2527 (b) The division is the substance abuse authority and the mental health authority for
2528 this state.
2529 (2) The division shall:
2530 (a) (i) educate the general public regarding the nature and consequences of substance
2531 abuse by promoting school and community-based prevention programs;
2532 (ii) render support and assistance to public schools through approved school-based
2533 substance abuse education programs aimed at prevention of substance abuse;
2534 (iii) promote or establish programs for the prevention of substance abuse within the
2535 community setting through community-based prevention programs;
2536 (iv) cooperate with and assist treatment centers, recovery residences, and other
2537 organizations that provide services to individuals recovering from a substance abuse disorder,
2538 by identifying and disseminating information about effective practices and programs;
2539 (v) promote integrated programs that address an individual's substance abuse, mental
2540 health, and physical health;
2541 (vi) establish and promote an evidence-based continuum of screening, assessment,
2542 prevention, treatment, and recovery support services in the community for individuals with a
2543 substance use disorder or mental illness;
2544 (vii) evaluate the effectiveness of programs described in this Subsection (2);
2545 (viii) consider the impact of the programs described in this Subsection (2) on:
2546 (A) emergency department utilization;
2547 (B) jail and prison populations;
2548 (C) the homeless population; and
2549 (D) the child welfare system; and
2550 (ix) promote or establish programs for education and certification of instructors to
2551 educate individuals convicted of driving under the influence of alcohol or drugs or driving with
2552 any measurable controlled substance in the body;
2553 (b) (i) collect and disseminate information pertaining to mental health;
2554 (ii) provide direction over the state hospital including approval of the state hospital's
2555 budget, administrative policy, and coordination of services with local service plans;
2556 (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
2557 Rulemaking Act, to educate families concerning mental illness and promote family
2558 involvement, when appropriate, and with patient consent, in the treatment program of a family
2559 member; and
2560 (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
2561 Rulemaking Act, to direct that an individual receiving services through a local mental health
2562 authority or the Utah State Hospital be informed about and, if desired by the individual,
2563 provided assistance in the completion of a declaration for mental health treatment in
2564 accordance with Section 62A-15-1002;
2565 (c) (i) consult and coordinate with local substance abuse authorities and local mental
2566 health authorities regarding programs and services;
2567 (ii) provide consultation and other assistance to public and private agencies and groups
2568 working on substance abuse and mental health issues;
2569 (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
2570 medical and social agencies, public health authorities, law enforcement agencies, education and
2571 research organizations, and other related groups;
2572 (iv) promote or conduct research on substance abuse and mental health issues, and
2573 submit to the governor and the Legislature recommendations for changes in policy and
2574 legislation;
2575 (v) receive, distribute, and provide direction over public funds for substance abuse and
2576 mental health services;
2577 (vi) monitor and evaluate programs provided by local substance abuse authorities and
2578 local mental health authorities;
2579 (vii) examine expenditures of local, state, and federal funds;
2580 (viii) monitor the expenditure of public funds by:
2581 (A) local substance abuse authorities;
2582 (B) local mental health authorities; and
2583 (C) in counties where they exist, a private contract provider that has an annual or
2584 otherwise ongoing contract to provide comprehensive substance abuse or mental health
2585 programs or services for the local substance abuse authority or local mental health authority;
2586 (ix) contract with local substance abuse authorities and local mental health authorities
2587 to provide a comprehensive continuum of services that include community-based services for
2588 individuals involved in the criminal justice system, in accordance with division policy, contract
2589 provisions, and the local plan;
2590 (x) contract with private and public entities for special statewide or nonclinical
2591 services, or services for individuals involved in the criminal justice system, according to
2592 division rules;
2593 (xi) review and approve each local substance abuse authority's plan and each local
2594 mental health authority's plan in order to ensure:
2595 (A) a statewide comprehensive continuum of substance abuse services;
2596 (B) a statewide comprehensive continuum of mental health services;
2597 (C) services result in improved overall health and functioning;
2598 (D) a statewide comprehensive continuum of community-based services designed to
2599 reduce criminal risk factors for individuals who are determined to have substance abuse or
2600 mental illness conditions or both, and who are involved in the criminal justice system;
2601 (E) compliance, where appropriate, with the certification requirements in Subsection
2602 (2)(j); and
2603 (F) appropriate expenditure of public funds;
2604 (xii) review and make recommendations regarding each local substance abuse
2605 authority's contract with the local substance abuse authority's provider of substance abuse
2606 programs and services and each local mental health authority's contract with the local mental
2607 health authority's provider of mental health programs and services to ensure compliance with
2608 state and federal law and policy;
2609 (xiii) monitor and ensure compliance with division rules and contract requirements;
2610 and
2611 (xiv) withhold funds from local substance abuse authorities, local mental health
2612 authorities, and public and private providers for contract noncompliance, failure to comply
2613 with division directives regarding the use of public funds, or for misuse of public funds or
2614 money;
2615 (d) ensure that the requirements of this part are met and applied uniformly by local
2616 substance abuse authorities and local mental health authorities across the state;
2617 (e) require each local substance abuse authority and each local mental health authority,
2618 in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a plan to
2619 the division on or before May 15 of each year;
2620 (f) conduct an annual program audit and review of each local substance abuse authority
2621 and each local substance abuse authority's contract provider, and each local mental health
2622 authority and each local mental health authority's contract provider, including:
2623 (i) a review and determination regarding whether:
2624 (A) public funds allocated to the local substance abuse authority or the local mental
2625 health authorities are consistent with services rendered by the authority or the authority's
2626 contract provider, and with outcomes reported by the authority's contract provider; and
2627 (B) each local substance abuse authority and each local mental health authority is
2628 exercising sufficient oversight and control over public funds allocated for substance use
2629 disorder and mental health programs and services; and
2630 (ii) items determined by the division to be necessary and appropriate;
2631 (g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
2632 Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
2633 (h) (i) train and certify an adult as a peer support specialist, qualified to provide peer
2634 supports services to an individual with:
2635 (A) a substance use disorder;
2636 (B) a mental health disorder; or
2637 (C) a substance use disorder and a mental health disorder;
2638 (ii) certify a person to carry out, as needed, the division's duty to train and certify an
2639 adult as a peer support specialist;
2640 (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
2641 Rulemaking Act, that:
2642 (A) establish training and certification requirements for a peer support specialist;
2643 (B) specify the types of services a peer support specialist is qualified to provide;
2644 (C) specify the type of supervision under which a peer support specialist is required to
2645 operate; and
2646 (D) specify continuing education and other requirements for maintaining or renewing
2647 certification as a peer support specialist; and
2648 (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
2649 Rulemaking Act, that:
2650 (A) establish the requirements for a person to be certified to carry out, as needed, the
2651 division's duty to train and certify an adult as a peer support specialist; and
2652 (B) specify how the division shall provide oversight of a person certified to train and
2653 certify a peer support specialist;
2654 (i) collaborate with the State Commission on Criminal and Juvenile Justice to analyze
2655 and provide recommendations to the Legislature regarding:
2656 (i) pretrial services and the resources needed to reduce recidivism;
2657 (ii) county jail and county behavioral health early-assessment resources needed for an
2658 individual convicted of a class A or class B misdemeanor; and
2659 (iii) the replacement of federal dollars associated with drug interdiction law
2660 enforcement task forces that are reduced;
2661 (j) establish performance goals and outcome measurements for a mental health or
2662 substance use treatment program that is licensed under Chapter 2, Licensure of Programs and
2663 Facilities, and contracts with the department, including goals and measurements related to
2664 employment and reducing recidivism of individuals receiving mental health or substance use
2665 treatment who are involved with the criminal justice system;
2666 (k) annually, on or before November 30, submit a written report to the Judiciary
2667 Interim Committee, the Health and Human Services Interim Committee, and the Law
2668 Enforcement and Criminal Justice Interim Committee, that includes:
2669 (i) a description of the performance goals and outcome measurements described in
2670 Subsection (2)(j); and
2671 (ii) information on the effectiveness of the goals and measurements in ensuring
2672 appropriate and adequate mental health or substance use treatment is provided in a treatment
2673 program described in Subsection (2)(j);
2674 (l) collaborate with the Administrative Office of the Courts, the Department of
2675 Corrections, the Department of Workforce Services, and the Board of Pardons and Parole to
2676 collect data on recidivism, including data on:
2677 (i) individuals who participate in a mental health or substance use treatment program
2678 while incarcerated and are convicted of another offense within two years after release from
2679 incarceration;
2680 (ii) individuals who are ordered by a criminal court or the Board of Pardons and Parole
2681 to participate in a mental health or substance use treatment program and are convicted of
2682 another offense while participating in the treatment program or within two years after the day
2683 on which the treatment program ends;
2684 (iii) the type of treatment provided to, and employment of, the individuals described in
2685 Subsections (2)(l)(i) and (ii); and
2686 (iv) cost savings associated with recidivism reduction and the reduction in the number
2687 of [
2688 (m) at the division's discretion, use the data described in Subsection (2)(l) to make
2689 decisions regarding the use of funds allocated to the division to provide treatment;
2690 (n) annually, on or before August 31, submit the data collected under Subsection (2)(l)
2691 and any recommendations to improve the data collection to the State Commission on Criminal
2692 and Juvenile Justice to be included in the report described in Subsection 63M-7-204(1)(x);
2693 (o) publish the following on the division's website:
2694 (i) the performance goals and outcome measurements described in Subsection (2)(j);
2695 and
2696 (ii) a description of the services provided and the contact information for the mental
2697 health and substance use treatment programs described in Subsection (2)(j) and residential,
2698 vocational and life skills programs, as defined in Section 13-53-102; and
2699 (p) consult and coordinate with the Division of Child and Family Services to develop
2700 and manage the operation of a program designed to reduce substance abuse during pregnancy
2701 and by parents of a newborn child that includes:
2702 (i) providing education and resources to health care providers and individuals in the
2703 state regarding prevention of substance abuse during pregnancy;
2704 (ii) providing training to health care providers in the state regarding screening of a
2705 pregnant woman or pregnant minor to identify a substance abuse disorder; and
2706 (iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn
2707 child in need of substance abuse treatment services to a facility that has the capacity to provide
2708 the treatment services.
2709 (3) In addition to the responsibilities described in Subsection (2), the division shall,
2710 within funds appropriated by the Legislature for this purpose, implement and manage the
2711 operation of a firearm safety and suicide prevention program, in consultation with the Bureau
2712 of Criminal Identification created in Section 53-10-201, including:
2713 (a) coordinating with local mental health and substance abuse authorities, a nonprofit
2714 behavioral health advocacy group, and a representative from a Utah-based nonprofit
2715 organization with expertise in the field of firearm use and safety that represents firearm owners,
2716 to:
2717 (i) produce and periodically review and update a firearm safety brochure and other
2718 educational materials with information about the safe handling and use of firearms that
2719 includes:
2720 (A) information on safe handling, storage, and use of firearms in a home environment;
2721 (B) information about at-risk individuals and individuals who are legally prohibited
2722 from possessing firearms;
2723 (C) information about suicide prevention awareness; and
2724 (D) information about the availability of firearm safety packets;
2725 (ii) procure cable-style gun locks for distribution under this section;
2726 (iii) produce a firearm safety packet that includes the firearm safety brochure and the
2727 cable-style gun lock described in this Subsection (3); and
2728 (iv) create a suicide prevention education course that:
2729 (A) provides information for distribution regarding firearm safety education;
2730 (B) incorporates current information on how to recognize suicidal behaviors and
2731 identify individuals who may be suicidal; and
2732 (C) provides information regarding crisis intervention resources;
2733 (b) distributing, free of charge, the firearm safety packet to the following persons, who
2734 shall make the firearm safety packet available free of charge:
2735 (i) health care providers, including emergency rooms;
2736 (ii) mobile crisis outreach teams;
2737 (iii) mental health practitioners;
2738 (iv) other public health suicide prevention organizations;
2739 (v) entities that teach firearm safety courses;
2740 (vi) school districts for use in the seminar, described in Section 53G-9-702, for parents
2741 of students in the school district; and
2742 (vii) firearm dealers to be distributed in accordance with Section 76-10-526;
2743 (c) creating and administering a rebate program that includes a rebate that offers
2744 between $10 and $200 off the purchase price of a firearm safe from a participating firearms
2745 dealer or a person engaged in the business of selling firearm safes in Utah, by a Utah resident;
2746 (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2747 making rules that establish procedures for:
2748 (i) producing and distributing the suicide prevention education course and the firearm
2749 safety brochures and packets;
2750 (ii) procuring the cable-style gun locks for distribution; and
2751 (iii) administering the rebate program; and
2752 (e) reporting to the Health and Human Services Interim Committee regarding
2753 implementation and success of the firearm safety program and suicide prevention education
2754 course at or before the November meeting each year.
2755 (4) (a) The division may refuse to contract with and may pursue legal remedies against
2756 any local substance abuse authority or local mental health authority that fails, or has failed, to
2757 expend public funds in accordance with state law, division policy, contract provisions, or
2758 directives issued in accordance with state law.
2759 (b) The division may withhold funds from a local substance abuse authority or local
2760 mental health authority if the authority's contract provider of substance abuse or mental health
2761 programs or services fails to comply with state and federal law or policy.
2762 (5) (a) Before reissuing or renewing a contract with any local substance abuse authority
2763 or local mental health authority, the division shall review and determine whether the local
2764 substance abuse authority or local mental health authority is complying with the oversight and
2765 management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and
2766 17-43-309.
2767 (b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
2768 liability described in Section 17-43-303 and to the responsibility and liability described in
2769 Section 17-43-203.
2770 (6) In carrying out the division's duties and responsibilities, the division may not
2771 duplicate treatment or educational facilities that exist in other divisions or departments of the
2772 state, but shall work in conjunction with those divisions and departments in rendering the
2773 treatment or educational services that those divisions and departments are competent and able
2774 to provide.
2775 (7) The division may accept in the name of and on behalf of the state donations, gifts,
2776 devises, or bequests of real or personal property or services to be used as specified by the
2777 donor.
2778 (8) The division shall annually review with each local substance abuse authority and
2779 each local mental health authority the authority's statutory and contract responsibilities
2780 regarding:
2781 (a) use of public funds;
2782 (b) oversight of public funds; and
2783 (c) governance of substance use disorder and mental health programs and services.
2784 (9) The Legislature may refuse to appropriate funds to the division upon the division's
2785 failure to comply with the provisions of this part.
2786 (10) If a local substance abuse authority contacts the division under Subsection
2787 17-43-201(10) for assistance in providing treatment services to a pregnant woman or pregnant
2788 minor, the division shall:
2789 (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
2790 capacity to provide the treatment services; or
2791 (b) otherwise ensure that treatment services are made available to the pregnant woman
2792 or pregnant minor.
2793 (11) The division shall employ a school-based mental health specialist to be housed at
2794 the State Board of Education who shall work with the State Board of Education to:
2795 (a) provide coordination between a local education agency and local mental health
2796 authority;
2797 (b) recommend evidence-based and evidence informed mental health screenings and
2798 intervention assessments for a local education agency; and
2799 (c) coordinate with the local community, including local departments of health, to
2800 enhance and expand mental health related resources for a local education agency.
2801 Section 41. Section 62A-15-605.5 is amended to read:
2802 62A-15-605.5. Admission of person in custody of Department of Corrections to
2803 state hospital -- Retransfer of person to Department of Corrections.
2804 (1) The executive director of the Department of Corrections may request the director to
2805 admit a person who is in the custody of the Department of Corrections to the state hospital, if
2806 the clinical director within the Department of Corrections finds that the [
2807 individual has mentally deteriorated to the point that admission to the state hospital is
2808 necessary to ensure adequate mental health treatment. In determining whether that [
2809 incarcerated individual should be placed in the state hospital, the director of the division shall
2810 consider:
2811 (a) the mental health treatment needs of the [
2812 (b) the treatment programs available at the state hospital; and
2813 (c) whether the [
2814 62A-15-610(2).
2815 (2) If the director denies the admission of an [
2816 requested by the clinical director within the Department of Corrections, the Board of Pardons
2817 and Parole shall determine whether the [
2818 state hospital. The Board of Pardons and Parole shall consider:
2819 (a) the mental health treatment needs of the [
2820 (b) the treatment programs available at the state hospital; and
2821 (c) whether the [
2822 62A-15-610(2).
2823 (3) The state hospital shall receive any person in the custody of the Department of
2824 Corrections when ordered by either the director or the Board of Pardons and Parole, pursuant to
2825 Subsection (1) or (2). Any person so transferred to the state hospital shall remain in the
2826 custody of the Department of Corrections, and the state hospital shall act solely as the agent of
2827 the Department of Corrections.
2828 (4) [
2829 section shall be transferred back to the Department of Corrections through negotiations
2830 between the director and the director of the Department of Corrections. If agreement between
2831 the director and the director of the Department of Corrections cannot be reached, the Board of
2832 Pardons and Parole shall have final authority in determining whether a person will be
2833 transferred back to the Department of Corrections. In making that determination, that board
2834 shall consider:
2835 (a) the mental health treatment needs of the [
2836 (b) the treatment programs available at the state hospital;
2837 (c) whether the person continues to meet the requirements of Subsection
2838 62A-15-610(2);
2839 (d) the ability of the state hospital to provide adequate treatment to the person, as well
2840 as safety and security to the public; and
2841 (e) whether, in the opinion of the director, in consultation with the clinical director of
2842 the state hospital, the person's treatment needs have been met.
2843 Section 42. Section 62A-15-902 is amended to read:
2844 62A-15-902. Design and operation -- Security.
2845 (1) The forensic mental health facility is a secure treatment facility.
2846 (2) (a) The forensic mental health facility accommodates the following populations:
2847 (i) [
2848 Section 62A-15-602, necessitating treatment in a secure mental health facility;
2849 (ii) criminally adjudicated persons found guilty with a mental illness or guilty with a
2850 mental illness at the time of the offense undergoing evaluation for mental illness under Title
2851 77, Chapter 16a, Commitment and Treatment of Persons with a Mental Illness;
2852 (iii) criminally adjudicated persons undergoing evaluation for competency or found
2853 guilty with a mental illness or guilty with a mental illness at the time of the offense under Title
2854 77, Chapter 16a, Commitment and Treatment of Persons with a Mental Illness, who also have
2855 an intellectual disability;
2856 (iv) persons undergoing evaluation for competency or found by a court to be
2857 incompetent to proceed in accordance with Title 77, Chapter 15, Inquiry into Sanity of
2858 Defendant, or not guilty by reason of insanity under Title 77, Chapter 14, Defenses;
2859 (v) persons who are civilly committed to the custody of a local mental health authority
2860 in accordance with Title 62A, Chapter 15, Part 6, Utah State Hospital and Other Mental Health
2861 Facilities, and who may not be properly supervised by the Utah State Hospital because of a lack
2862 of necessary security, as determined by the superintendent or the superintendent's designee; and
2863 (vi) persons ordered to commit themselves to the custody of the Division of Substance
2864 Abuse and Mental Health for treatment at the Utah State Hospital as a condition of probation or
2865 stay of sentence pursuant to Title 77, Chapter 18, The Judgment.
2866 (b) Placement of an offender in the forensic mental health facility under any category
2867 described in Subsection (2)(a)(ii), (iii), (iv), or (vi) shall be made on the basis of the offender's
2868 status as established by the court at the time of adjudication.
2869 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2870 department shall make rules providing for the allocation of beds to the categories described in
2871 Subsection (2)(a).
2872 (3) The department shall:
2873 (a) own and operate the forensic mental health facility;
2874 (b) provide and supervise administrative and clinical staff; and
2875 (c) provide security staff who are trained as psychiatric technicians.
2876 (4) Pursuant to Subsection 62A-15-603(3) the executive director shall designate
2877 individuals to perform security functions for the state hospital.
2878 Section 43. Section 63A-16-1002 is amended to read:
2879 63A-16-1002. Criminal Justice Database.
2880 (1) The commission shall oversee the creation and management of a Criminal Justice
2881 Database for information and data required to be reported to the commission, organized by
2882 county, and accessible to all criminal justice agencies in the state.
2883 (2) The division shall assist with the development and management of the database.
2884 (3) The division, in collaboration with the commission, shall create:
2885 (a) master standards and formats for information submitted to the database;
2886 (b) a portal, bridge, website, or other method for reporting entities to provide the
2887 information;
2888 (c) a master data management index or system to assist in the retrieval of information
2889 in the database;
2890 (d) a protocol for accessing information in the database that complies with state
2891 privacy regulations; and
2892 (e) a protocol for real-time audit capability of all data accessed through the portal by
2893 participating data source, data use entities, and regulators.
2894 (4) Each criminal justice agency charged with reporting information to the commission
2895 shall provide the data or information to the database in a form prescribed by the commission.
2896 (5) The database shall be the repository for the statutorily required data described in:
2897 (a) Section 13-53-111, recidivism reporting requirements;
2898 (b) Section 17-22-32, county jail reporting requirements;
2899 (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
2900 (d) Section 24-4-118, forfeiture reporting requirements;
2901 (e) Section 41-6a-511, courts to collect and maintain data;
2902 (f) Section 63M-7-214, law enforcement agency grant reporting;
2903 (g) Section 63M-7-216, prosecutorial data collection;
2904 (h) Section 64-13-21, supervision of sentenced offenders placed in community;
2905 (i) Section 64-13-25, standards for programs;
2906 (j) Section 64-13-45, department reporting requirements;
2907 (k) Section 64-13e-104, housing of state probationary [
2908 individuals or state parole [
2909 (l) Section 77-7-8.5, use of tactical groups;
2910 (m) Section 77-20-103, release data requirements;
2911 (n) Section 77-22-2.5, court orders for criminal investigations;
2912 (o) Section 78A-2-109.5, court demographics reporting; and
2913 (p) any other statutes which require the collection of specific data and the reporting of
2914 that data to the commission.
2915 (6) The commission shall report:
2916 (a) progress on the database, including creation, configuration, and data entered, to the
2917 Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
2918 (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
2919 Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
2920 Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
2921 Committee not later than January 16, 2023.
2922 Section 44. Section 63A-17-301 is amended to read:
2923 63A-17-301. Career service -- Exempt positions -- Schedules for civil service
2924 positions -- Coverage of career service provisions.
2925 (1) Except as provided in Subsection (3)(d), the following positions are exempt from
2926 the career service provisions of this chapter and are designated under the following schedules:
2927 (a) schedule AA includes the governor, members of the Legislature, and all other
2928 elected state officers;
2929 (b) schedule AB includes appointed executives and board or commission executives
2930 enumerated in Section 67-22-2;
2931 (c) schedule AC includes all employees and officers in:
2932 (i) the office and at the residence of the governor;
2933 (ii) the Public Lands Policy Coordinating Office;
2934 (iii) the Office of the State Auditor; and
2935 (iv) the Office of the State Treasurer;
2936 (d) schedule AD includes employees who:
2937 (i) are in a confidential relationship to an agency head or commissioner; and
2938 (ii) report directly to, and are supervised by, a department head, commissioner, or
2939 deputy director of an agency or its equivalent;
2940 (e) schedule AE includes each employee of the State Board of Education that the State
2941 Board of Education designates as exempt from the career service provisions of this chapter;
2942 (f) schedule AG includes employees in the Office of the Attorney General who are
2943 under their own career service pay plan under Sections 67-5-7 through 67-5-13;
2944 (g) schedule AH includes:
2945 (i) teaching staff of all state institutions; and
2946 (ii) employees of the Utah Schools for the Deaf and the Blind who are:
2947 (A) educational interpreters as classified by the division; or
2948 (B) educators as defined by Section 53E-8-102;
2949 (h) schedule AN includes employees of the Legislature;
2950 (i) schedule AO includes employees of the judiciary;
2951 (j) schedule AP includes all judges in the judiciary;
2952 (k) schedule AQ includes:
2953 (i) members of state and local boards and councils appointed by the governor and
2954 governing bodies of agencies;
2955 (ii) a water commissioner appointed under Section 73-5-1;
2956 (iii) other local officials serving in an ex officio capacity; and
2957 (iv) officers, faculty, and other employees of state universities and other state
2958 institutions of higher education;
2959 (l) schedule AR includes employees in positions that involve responsibility:
2960 (i) for determining policy;
2961 (ii) for determining the way in which a policy is carried out; or
2962 (iii) of a type not appropriate for career service, as determined by the agency head with
2963 the concurrence of the director;
2964 (m) schedule AS includes any other employee:
2965 (i) whose appointment is required by statute to be career service exempt;
2966 (ii) whose agency is not subject to this chapter; or
2967 (iii) whose agency has authority to make rules regarding the performance,
2968 compensation, and bonuses for its employees;
2969 (n) schedule AT includes employees of the Division of Technology Services,
2970 designated as executive/professional positions by the director of the Division of Technology
2971 Services with the concurrence of the director of the division;
2972 (o) schedule AU includes patients and [
2973 state institutions;
2974 (p) employees of the Department of Workforce Services, designated as schedule AW:
2975 (i) who are temporary employees that are federally funded and are required to work
2976 under federally qualified merit principles as certified by the director; or
2977 (ii) for whom substantially all of their work is repetitive, measurable, or transaction
2978 based, and who voluntarily apply for and are accepted by the Department of Workforce
2979 Services to work in a pay for performance program designed by the Department of Workforce
2980 Services with the concurrence of the director of the division;
2981 (q) subject to Subsection (6), schedule AX includes employees in positions that:
2982 (i) require the regular supervision and performance evaluation of one or more other
2983 employees; and
2984 (ii) are not designated exempt from career service under any other schedule described
2985 in this Subsection (1); and
2986 (r) for employees in positions that are temporary, seasonal, time limited, funding
2987 limited, or variable hour in nature, under schedule codes and parameters established by the
2988 division by administrative rule.
2989 (2) The civil service shall consist of two schedules as follows:
2990 (a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
2991 (ii) Removal from any appointive position under schedule A, unless otherwise
2992 regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
2993 (b) Schedule B is the competitive career service schedule, consisting of:
2994 (i) all positions filled through competitive selection procedures as defined by the
2995 director; or
2996 (ii) positions filled through a division approved on-the-job examination intended to
2997 appoint a qualified person with a disability, or a veteran in accordance with Title 71, Chapter
2998 10, Veterans Preference.
2999 (3) (a) The director, after consultation with the heads of concerned executive branch
3000 departments and agencies and with the approval of the governor, shall allocate positions to the
3001 appropriate schedules under this section.
3002 (b) Agency heads shall make requests and obtain approval from the director before
3003 changing the schedule assignment and tenure rights of any position.
3004 (c) Unless the director's decision is reversed by the governor, when the director denies
3005 an agency's request, the director's decision is final.
3006 (d) (i) An agency may file with the division a request to reschedule a position that
3007 would otherwise be scheduled as a schedule A position.
3008 (ii) The division shall review a request filed under Subsection (3)(d)(i) and approve the
3009 request only if the exception is necessary to conform to a requirement imposed as a condition
3010 precedent to receipt of federal funds or grant of a tax benefit under federal law.
3011 (4) (a) Compensation for employees of the Legislature shall be established by the
3012 directors of the legislative offices in accordance with Section 36-12-7.
3013 (b) Compensation for employees of the judiciary shall be established by the state court
3014 administrator in accordance with Section 78A-2-107.
3015 (c) Compensation for officers, faculty, and other employees of state universities and
3016 institutions of higher education shall be established as provided in Title 53B, Chapter 1,
3017 Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of
3018 Higher Education.
3019 (d) Unless otherwise provided by law, compensation for all other schedule A
3020 employees shall be established by their appointing authorities, within ranges approved by, and
3021 after consultation with the director.
3022 (5) An employee who is in a position designated schedule AC and who holds career
3023 service status on June 30, 2010, shall retain the career service status if the employee:
3024 (a) remains in the position that the employee is in on June 30, 2010; and
3025 (b) does not elect to convert to career service exempt status in accordance with a rule
3026 made by the division.
3027 (6) (a) An employee who is hired for a schedule AX position on or after July 1, 2022,
3028 is exempt from career service status.
3029 (b) An employee who before July 1, 2022, is a career service employee employed in a
3030 schedule B position that is rescheduled to a schedule AX position on July 1, 2022, shall
3031 maintain the employee's career service status for the duration of the employee's employment in
3032 the same position unless the employee voluntarily converts to career service exempt status
3033 before July 1, 2023.
3034 (c) (i) Subject to Subsection (6)(c)(ii), an employee is exempt from career service
3035 status if:
3036 (A) before July 1, 2022, the employee was a probationary employee in a schedule B
3037 position and had not completed the probationary period; and
3038 (B) on July 1, 2022, the schedule B position in which the probationary employee is
3039 employed is rescheduled as a scheduled AX position.
3040 (ii) An employee described in Subsection (6)(c)(i):
3041 (A) is not a probationary employee on or after July 1, 2022; and
3042 (B) is exempt from career service status on and after July 1, 2022, unless the employee
3043 changes employment to a schedule B position.
3044 (d) The division shall disseminate to each employee described in Subsection (6)(b)
3045 information on financial and other incentives for voluntary conversion to career-service exempt
3046 status.
3047 (e) An agency, as defined in Section 63A-17-112, may adopt a policy, created in
3048 consultation with the division, for agency review of recommendations that schedule AX
3049 employees be suspended, demoted, or dismissed from employment.
3050 Section 45. Section 63A-17-307 is amended to read:
3051 63A-17-307. State pay plans -- Applicability of section -- Exemptions -- Duties of
3052 director.
3053 (1) (a) This section, and the rules made by the division under this section, apply to each
3054 career and noncareer employee not specifically exempted under Subsection (2).
3055 (b) If not exempted under Subsection (2), an employee is considered to be in classified
3056 service.
3057 (2) The following employees are exempt from this section:
3058 (a) members of the Legislature and legislative employees;
3059 (b) members of the judiciary and judicial employees;
3060 (c) elected members of the executive branch and employees designated as schedule AC
3061 as provided under Subsection 63A-17-301(1)(c);
3062 (d) employees of the State Board of Education;
3063 (e) officers, faculty, and other employees of state institutions of higher education;
3064 (f) employees in a position that is specified by statute to be exempt from this
3065 Subsection (2);
3066 (g) employees in the Office of the Attorney General;
3067 (h) department heads and other persons appointed by the governor under statute;
3068 (i) schedule AS employees as provided under Subsection 63A-17-301(1)(m);
3069 (j) department deputy directors, division directors, and other employees designated as
3070 schedule AD as provided under Subsection 63A-17-301(1)(d);
3071 (k) employees that determine and execute policy designated as schedule AR as
3072 provided under Subsection 63A-17-301(1)(l);
3073 (l) teaching staff, educational interpreters, and educators designated as schedule AH as
3074 provided under Subsection 63A-17-301(1)(g);
3075 (m) temporary employees described in Subsection 63A-17-301(1)(r);
3076 (n) patients and [
3077 provided under Subsection 63A-17-301(1)(o) who are employed by state institutions; and
3078 (o) members of state and local boards and councils and other employees designated as
3079 schedule AQ as provided under Subsection 63A-17-301(1)(k).
3080 (3) (a) The director shall prepare, maintain, and revise a position classification plan for
3081 each employee position not exempted under Subsection (2) to provide equal pay for equal
3082 work.
3083 (b) Classification of positions shall be based upon similarity of duties performed and
3084 responsibilities assumed, so that the same job requirements and the same salary range, subject
3085 to Section 63A-17-112, may be applied equitably to each position in the same class.
3086 (c) The director shall allocate or reallocate the position of each employee in classified
3087 service to one of the classes in the classification plan.
3088 (d) (i) The division shall conduct periodic studies and interviews to provide that the
3089 classification plan remains reasonably current and reflects the duties and responsibilities
3090 assigned to and performed by employees.
3091 (ii) The director shall determine the need for studies and interviews after considering
3092 factors such as changes in duties and responsibilities of positions or agency reorganizations.
3093 (4) (a) With the approval of the executive director and the governor, the director shall
3094 develop and adopt pay plans for each position in classified service.
3095 (b) The director shall design each pay plan to achieve, to the degree that funds permit,
3096 comparability of state salary ranges to the market using data obtained from private enterprise
3097 and other public employment for similar work.
3098 (c) The director shall adhere to the following in developing each pay plan:
3099 (i) each pay plan shall consist of sufficient salary ranges to:
3100 (A) permit adequate salary differential among the various classes of positions in the
3101 classification plan; and
3102 (B) reflect the normal growth and productivity potential of employees in that class.
3103 (ii) The director shall issue rules for the administration of pay plans.
3104 (d) The establishing of a salary range is a nondelegable activity and is not appealable
3105 under the grievance procedures of Part 6, Grievance Provisions, Title 67, Chapter 19a,
3106 Grievance Procedures, or otherwise.
3107 (e) The director shall make rules, accordance with Title 63G, Chapter 3, Utah
3108 Administrative Rulemaking Act, providing for:
3109 (i) agency approved salary adjustments within approved salary ranges, including an
3110 administrative salary adjustment; and
3111 (ii) structure adjustments that modify salary ranges, including a cost of living
3112 adjustment or market comparability adjustment.
3113 (5) (a) On or before October 31 of each year, the director shall submit an annual
3114 compensation plan to the executive director and the governor for consideration in the executive
3115 budget.
3116 (b) The plan described in Subsection (5)(a) may include recommendations, including:
3117 (i) salary increases that generally affect employees, including a general increase or
3118 merit increase;
3119 (ii) salary increases that address compensation issues unique to an agency or
3120 occupation;
3121 (iii) structure adjustments, including a cost of living adjustment or market
3122 comparability adjustment; or
3123 (iv) changes to employee benefits.
3124 (c) (i) (A) Subject to Subsection (5)(c)(i)(B) or (C), the director shall incorporate the
3125 results of a salary survey of a reasonable cross section of comparable positions in private and
3126 public employment in the state into the annual compensation plan.
3127 (B) The salary survey for a law enforcement officer, as defined in Section 53-13-103, a
3128 correctional officer, as defined in Section 53-13-104, or a dispatcher, as defined in Section
3129 53-6-102, shall at minimum include the three largest political subdivisions in the state that
3130 employ, respectively, comparable positions.
3131 (C) The salary survey for an examiner or supervisor described in Title 7, Chapter 1,
3132 Part 2, Department of Financial Institutions, shall at minimum include the Federal Deposit
3133 Insurance Corporation, Federal Reserve, and National Credit Union Administration.
3134 (ii) The director may cooperate with or participate in any survey conducted by other
3135 public and private employers.
3136 (iii) The director shall obtain information for the purpose of constructing the survey
3137 from the Division of Workforce Information and Payment Services and shall include employer
3138 name, number of persons employed by the employer, employer contact information and job
3139 titles, county code, and salary if available.
3140 (iv) The division shall acquire and protect the needed records in compliance with the
3141 provisions of Section 35A-4-312.
3142 (d) The director may incorporate any other relevant information in the plan described
3143 in Subsection (5)(a), including information on staff turnover, recruitment data, or external
3144 market trends.
3145 (e) The director shall:
3146 (i) establish criteria to assure the adequacy and accuracy of data used to make
3147 recommendations described in this Subsection (5); and
3148 (ii) when preparing recommendations use accepted methodologies and techniques
3149 similar to and consistent with those used in the private sector.
3150 (f) (i) Upon request and subject to Subsection (5)(f)(ii), the division shall make
3151 available foundational information used by the division or director in the drafting of a plan
3152 described in Subsection (5)(a), including:
3153 (A) demographic and labor market information;
3154 (B) information on employee turnover;
3155 (C) salary information;
3156 (D) information on recruitment; and
3157 (E) geographic data.
3158 (ii) The division may not provide under Subsection (5)(f)(i) information or other data
3159 that is proprietary or otherwise protected under the terms of a contract or by law.
3160 (g) The governor shall:
3161 (i) consider salary and structure adjustments recommended under Subsection (5)(b) in
3162 preparing the executive budget and shall recommend the method of distributing the
3163 adjustments;
3164 (ii) submit compensation recommendations to the Legislature; and
3165 (iii) support the recommendation with schedules indicating the cost to individual
3166 departments and the source of funds.
3167 (h) If funding is approved by the Legislature in a general appropriations act, the
3168 adjustments take effect on the July 1 following the enactment unless otherwise indicated.
3169 (6) (a) The director shall make rules, in accordance with Title 63G, Chapter 3, Utah
3170 Administrative Rulemaking Act, for the granting of incentive awards, including awards for cost
3171 saving actions, awards for commendable actions by an employee, or a market-based award to
3172 attract or retain employees.
3173 (b) An agency may not grant a market-based award unless the award is previously
3174 approved by the division.
3175 (c) In accordance with Subsection (6)(b), an agency requesting the division's approval
3176 of a market-based award shall submit a request and documentation, subject to Subsection
3177 (6)(d), to the division.
3178 (d) In the documentation required in Subsection (6)(c), the requesting agency shall
3179 identify for the division:
3180 (i) any benefit the market-based award would provide for the agency, including:
3181 (A) budgetary advantages; or
3182 (B) recruitment advantages;
3183 (ii) a mission critical need to attract or retain unique or hard to find skills in the market;
3184 or
3185 (iii) any other advantage the agency would gain through the utilization of a
3186 market-based award.
3187 (7) (a) The director shall regularly evaluate the total compensation program of state
3188 employees in the classified service.
3189 (b) The division shall determine if employee benefits are comparable to those offered
3190 by other private and public employers using information from:
3191 (i) a study conducted by a third-party consultant; or
3192 (ii) the most recent edition of a nationally recognized benefits survey.
3193 Section 46. Section 63B-6-502 is amended to read:
3194 63B-6-502. Other capital facility authorizations and intent language.
3195 (1) It is the intent of the Legislature that the University of Utah use institutional funds
3196 to plan, design, and construct:
3197 (a) the Health Science Lab Building under the supervision of the director of the
3198 Division of Facilities Construction and Management unless supervisory authority is delegated
3199 by the director; and
3200 (b) the gymnastics facility under the supervision of the director of the Division of
3201 Facilities Construction and Management unless supervisory authority is delegated by the
3202 director.
3203 (2) It is the intent of the Legislature that Southern Utah University use institutional
3204 funds to plan, design, and construct a science center addition under the supervision of the
3205 director of the Division of Facilities Construction and Management unless supervisory
3206 authority is delegated by the director.
3207 (3) It is the intent of the Legislature that Utah Valley State College use institutional
3208 funds to plan, design, and construct a student center addition under the supervision of the
3209 director of the Division of Facilities Construction and Management unless supervisory
3210 authority is delegated by the director.
3211 (4) (a) It is the intent of the Legislature that the Division of Facilities Construction and
3212 Management lease property at the Draper Prison to an entity for the purpose of constructing
3213 recycling and transfer facilities to employ [
3214 conditions are satisfactorily met:
3215 (i) the entity assures continuous employment of state [
3216 individuals;
3217 (ii) the lease with the entity provides an appropriate return to the state;
3218 (iii) the lease has an initial term of not to exceed 20 years;
3219 (iv) the lease protects the state from all liability;
3220 (v) the entity guarantees that no adverse environmental impact will occur;
3221 (vi) the state retains the right to:
3222 (A) monitor the types of wastes that are processed; and
3223 (B) prohibit the processing of types of wastes that are considered to be a risk to the
3224 state or surrounding property uses;
3225 (vii) the lease provides for adequate security arrangements;
3226 (viii) the entity assumes responsibility for any taxes or fees associated with the facility;
3227 and
3228 (ix) the entity assumes responsibility for bringing utilities to the site and any state
3229 expenditures for roads, etc. are considered in establishing the return to the state.
3230 (b) Except as provided in Subsections (4)(c) and (d), the facility may be constructed
3231 without direct supervision by the Division of Facilities Construction and Management.
3232 (c) Notwithstanding Subsection (4)(b), the Division of Facilities Construction and
3233 Management shall:
3234 (i) review the design, plans, and specifications of the project; and
3235 (ii) approve them if they are appropriate.
3236 (d) Notwithstanding Subsection (4)(b), the Division of Facilities Construction and
3237 Management may:
3238 (i) require that the project be submitted to the local building official for plan review
3239 and inspection; and
3240 (ii) inspect the project.
3241 (5) It is the intent of the Legislature that:
3242 (a) the $221,497.86 authorized for the Capitol Hill Day Care Center in Subsection (4)
3243 of Laws of Utah 1992, Chapter 304, Section 56, be used for general capital improvements; and
3244 (b) the Building Board should, in allocating the $221,497.86, if appropriate under the
3245 Board's normal allocation and prioritization process, give preference to projects for the
3246 Division of State Parks, formerly known as the Division of Parks and Recreation.
3247 Section 47. Section 63B-12-301 is amended to read:
3248 63B-12-301. Other capital facilities authorizations.
3249 (1) It is the intent of the Legislature that:
3250 (a) Utah State University use institutional funds to plan, design, and construct an
3251 addition to the Laboratory Research Center under the direction of the director of the Division
3252 of Facilities Construction and Management unless supervisory authority has been delegated;
3253 (b) no state funds be used for any portion of this project; and
3254 (c) the university may request state funds for operations and maintenance to the extent
3255 that the university is able to demonstrate to the Board of Regents that the facility meets
3256 approved academic and training purposes under Board of Regents policy R710.
3257 (2) It is the intent of the Legislature that:
3258 (a) Utah State University use institutional funds to plan, design, and construct an
3259 addition to the Biology/Natural Resources Building under the direction of the director of the
3260 Division of Facilities Construction and Management unless supervisory authority has been
3261 delegated;
3262 (b) no state funds be used for any portion of this project; and
3263 (c) the university may request state funds for operations and maintenance to the extent
3264 that the university is able to demonstrate to the Board of Regents that the facility meets
3265 approved academic and training purposes under Board of Regents policy R710.
3266 (3) It is the intent of the Legislature that:
3267 (a) Snow College use grants and loans from the Community Impact Board together
3268 with other institutional funds to plan, design, and construct an addition to the Activities Center
3269 under the direction of the director of the Division of Facilities Construction and Management
3270 unless supervisory authority has been delegated;
3271 (b) no state funds be used for any portion of this project;
3272 (c) before proceeding with the project, the Board of Regents and the State Building
3273 Board review and approve the scope and funding of the project; and
3274 (d) the college may request state funds for operations and maintenance to the extent
3275 that the college is able to demonstrate to the Board of Regents that the facility meets approved
3276 academic and training purposes under Board of Regents policy R710.
3277 (4) (a) It is the intent of the Legislature that the Division of Facilities Construction and
3278 Management sell the state's interest in the Iron County Correction Facility to Iron County for
3279 $2,000,000 according to the terms specified in this Subsection (4).
3280 (b) Iron County will pay the state $1,550,000 in cash.
3281 (c) To pay the $450,000 balance of the purchase price, Iron County will:
3282 (i) provide office space for the Department of Corrections' Adult Probation and Parole
3283 in the Iron County Correction Facility for 10 years at no cost to the state of Utah, at an
3284 estimated value of $45,000 per year for a total 10 year value of $450,000; and
3285 (ii) contract with the Department of Corrections to house 15 state [
3286 incarcerated individuals in the Iron County Correctional Facility for at least five years.
3287 (d) (i) The Department of Corrections shall select the 15 [
3288 individuals to house at the Iron County Correctional Facility from beds currently under contract
3289 in other counties.
3290 (ii) Nothing in this section may be construed to authorize or require the Department of
3291 Corrections to increase the number of [
3292 county correctional facilities on state contract.
3293 (e) If the Department of Corrections' Adult Probation and Parole chooses, for whatever
3294 reason, not to use the office space offered by Iron County, Iron County is not liable for, and
3295 need not pay, the state the value of that estimated rent.
3296 Section 48. Section 63G-2-301 is amended to read:
3297 63G-2-301. Public records.
3298 (1) As used in this section:
3299 (a) "Business address" means a single address of a governmental agency designated for
3300 the public to contact an employee or officer of the governmental agency.
3301 (b) "Business email address" means a single email address of a governmental agency
3302 designated for the public to contact an employee or officer of the governmental agency.
3303 (c) "Business telephone number" means a single telephone number of a governmental
3304 agency designated for the public to contact an employee or officer of the governmental agency.
3305 (d) "Correctional facility" means the same as that term is defined in Section
3306 77-16b-102.
3307 (2) The following records are public except to the extent they contain information
3308 expressly permitted to be treated confidentially under the provisions of Subsections
3309 63G-2-201(3)(b) and (6)(a):
3310 (a) laws;
3311 (b) the name, gender, gross compensation, job title, job description, business address,
3312 business email address, business telephone number, number of hours worked per pay period,
3313 dates of employment, and relevant education, previous employment, and similar job
3314 qualifications of a current or former employee or officer of the governmental entity, excluding:
3315 (i) undercover law enforcement personnel; and
3316 (ii) investigative personnel if disclosure could reasonably be expected to impair the
3317 effectiveness of investigations or endanger any individual's safety;
3318 (c) final opinions, including concurring and dissenting opinions, and orders that are
3319 made by a governmental entity in an administrative, adjudicative, or judicial proceeding except
3320 that if the proceedings were properly closed to the public, the opinion and order may be
3321 withheld to the extent that they contain information that is private, controlled, or protected;
3322 (d) final interpretations of statutes or rules by a governmental entity unless classified as
3323 protected as provided in Subsection 63G-2-305(17) or (18);
3324 (e) information contained in or compiled from a transcript, minutes, or report of the
3325 open portions of a meeting of a governmental entity as provided by Title 52, Chapter 4, Open
3326 and Public Meetings Act, including the records of all votes of each member of the
3327 governmental entity;
3328 (f) judicial records unless a court orders the records to be restricted under the rules of
3329 civil or criminal procedure or unless the records are private under this chapter;
3330 (g) unless otherwise classified as private under Section 63G-2-303, records or parts of
3331 records filed with or maintained by county recorders, clerks, treasurers, surveyors, zoning
3332 commissions, the Division of Forestry, Fire, and State Lands, the School and Institutional Trust
3333 Lands Administration, the Division of Oil, Gas, and Mining, the Division of Water Rights, or
3334 other governmental entities that give public notice of:
3335 (i) titles or encumbrances to real property;
3336 (ii) restrictions on the use of real property;
3337 (iii) the capacity of persons to take or convey title to real property; or
3338 (iv) tax status for real and personal property;
3339 (h) records of the Department of Commerce that evidence incorporations, mergers,
3340 name changes, and uniform commercial code filings;
3341 (i) data on individuals that would otherwise be private under this chapter if the
3342 individual who is the subject of the record has given the governmental entity written
3343 permission to make the records available to the public;
3344 (j) documentation of the compensation that a governmental entity pays to a contractor
3345 or private provider;
3346 (k) summary data;
3347 (l) voter registration records, including an individual's voting history, except for a voter
3348 registration record or those parts of a voter registration record that are classified as private
3349 under Subsections 63G-2-302(1)(j) through (m) or withheld under Subsection 20A-2-104(7);
3350 (m) for an elected official, as defined in Section 11-47-102, a telephone number, if
3351 available, and email address, if available, where that elected official may be reached as required
3352 in Title 11, Chapter 47, Access to Elected Officials;
3353 (n) for a school community council member, a telephone number, if available, and
3354 email address, if available, where that elected official may be reached directly as required in
3355 Section 53G-7-1203;
3356 (o) annual audited financial statements of the Utah Educational Savings Plan described
3357 in Section 53B-8a-111; and
3358 (p) an initiative packet, as defined in Section 20A-7-101, and a referendum packet, as
3359 defined in Section 20A-7-101, after the packet is submitted to a county clerk.
3360 (3) The following records are normally public, but to the extent that a record is
3361 expressly exempt from disclosure, access may be restricted under Subsection 63G-2-201(3)(b),
3362 Section 63G-2-302, 63G-2-304, or 63G-2-305:
3363 (a) administrative staff manuals, instructions to staff, and statements of policy;
3364 (b) records documenting a contractor's or private provider's compliance with the terms
3365 of a contract with a governmental entity;
3366 (c) records documenting the services provided by a contractor or a private provider to
3367 the extent the records would be public if prepared by the governmental entity;
3368 (d) contracts entered into by a governmental entity;
3369 (e) any account, voucher, or contract that deals with the receipt or expenditure of funds
3370 by a governmental entity;
3371 (f) records relating to government assistance or incentives publicly disclosed,
3372 contracted for, or given by a governmental entity, encouraging a person to expand or relocate a
3373 business in Utah, except as provided in Subsection 63G-2-305(35);
3374 (g) chronological logs and initial contact reports;
3375 (h) correspondence by and with a governmental entity in which the governmental entity
3376 determines or states an opinion upon the rights of the state, a political subdivision, the public,
3377 or any person;
3378 (i) empirical data contained in drafts if:
3379 (i) the empirical data is not reasonably available to the requester elsewhere in similar
3380 form; and
3381 (ii) the governmental entity is given a reasonable opportunity to correct any errors or
3382 make nonsubstantive changes before release;
3383 (j) drafts that are circulated to anyone other than:
3384 (i) a governmental entity;
3385 (ii) a political subdivision;
3386 (iii) a federal agency if the governmental entity and the federal agency are jointly
3387 responsible for implementation of a program or project that has been legislatively approved;
3388 (iv) a government-managed corporation; or
3389 (v) a contractor or private provider;
3390 (k) drafts that have never been finalized but were relied upon by the governmental
3391 entity in carrying out action or policy;
3392 (l) original data in a computer program if the governmental entity chooses not to
3393 disclose the program;
3394 (m) arrest warrants after issuance, except that, for good cause, a court may order
3395 restricted access to arrest warrants prior to service;
3396 (n) search warrants after execution and filing of the return, except that a court, for good
3397 cause, may order restricted access to search warrants prior to trial;
3398 (o) records that would disclose information relating to formal charges or disciplinary
3399 actions against a past or present governmental entity employee if:
3400 (i) the disciplinary action has been completed and all time periods for administrative
3401 appeal have expired; and
3402 (ii) the charges on which the disciplinary action was based were sustained;
3403 (p) records maintained by the Division of Forestry, Fire, and State Lands, the School
3404 and Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
3405 evidence mineral production on government lands;
3406 (q) final audit reports;
3407 (r) occupational and professional licenses;
3408 (s) business licenses;
3409 (t) a notice of violation, a notice of agency action under Section 63G-4-201, or similar
3410 records used to initiate proceedings for discipline or sanctions against persons regulated by a
3411 governmental entity, but not including records that initiate employee discipline; and
3412 (u) (i) records that disclose a standard, regulation, policy, guideline, or rule regarding
3413 the operation of a correctional facility or the care and control of [
3414 individuals committed to the custody of a correctional facility; and
3415 (ii) records that disclose the results of an audit or other inspection assessing a
3416 correctional facility's compliance with a standard, regulation, policy, guideline, or rule
3417 described in Subsection (3)(u)(i).
3418 (4) The list of public records in this section is not exhaustive and should not be used to
3419 limit access to records.
3420 Section 49. Section 63G-3-201 is amended to read:
3421 63G-3-201. When rulemaking is required.
3422 (1) Each agency shall:
3423 (a) maintain a current version of its rules; and
3424 (b) make it available to the public for inspection during its regular business hours.
3425 (2) In addition to other rulemaking required by law, each agency shall make rules when
3426 agency action:
3427 (a) authorizes, requires, or prohibits an action;
3428 (b) provides or prohibits a material benefit;
3429 (c) applies to a class of persons or another agency; and
3430 (d) is explicitly or implicitly authorized by statute.
3431 (3) Rulemaking is also required when an agency issues a written interpretation of a
3432 state or federal legal mandate.
3433 (4) Rulemaking is not required when:
3434 (a) agency action applies only to internal agency management, [
3435 individuals or residents of a state correctional, diagnostic, or detention facility, persons under
3436 state legal custody, patients admitted to a state hospital, members of the state retirement
3437 system, or, except as provided in Title 53B, Chapter 27, Part 3, Student Civil Liberties
3438 Protection Act, students enrolled in a state education institution;
3439 (b) a standardized agency manual applies only to internal fiscal or administrative
3440 details of governmental entities supervised under statute;
3441 (c) an agency issues policy or other statements that are advisory, informative, or
3442 descriptive, and do not conform to the requirements of Subsections (2) and (3); or
3443 (d) an agency makes nonsubstantive changes in a rule, except that the agency shall file
3444 all nonsubstantive changes in a rule with the office.
3445 (5) (a) A rule shall enumerate any penalty authorized by statute that may result from its
3446 violation, subject to Subsections (5)(b) and (c).
3447 (b) A violation of a rule may not be subject to the criminal penalty of a class C
3448 misdemeanor or greater offense, except as provided under Subsection (5)(c).
3449 (c) A violation of a rule may be subject to a class C misdemeanor or greater criminal
3450 penalty under Subsection (5)(a) when:
3451 (i) authorized by a specific state statute;
3452 (ii) a state law and programs under that law are established in order for the state to
3453 obtain or maintain primacy over a federal program; or
3454 (iii) state civil or criminal penalties established by state statute regarding the program
3455 are equivalent to or less than corresponding federal civil or criminal penalties.
3456 (6) Each agency shall enact rules incorporating the principles of law not already in its
3457 rules that are established by final adjudicative decisions within 120 days after the decision is
3458 announced in its cases.
3459 (7) (a) Each agency may enact a rule that incorporates by reference:
3460 (i) all or any part of another code, rule, or regulation that has been adopted by a federal
3461 agency, an agency or political subdivision of this state, an agency of another state, or by a
3462 nationally recognized organization or association;
3463 (ii) state agency implementation plans mandated by the federal government for
3464 participation in the federal program;
3465 (iii) lists, tables, illustrations, or similar materials that are subject to frequent change,
3466 fully described in the rule, and are available for public inspection; or
3467 (iv) lists, tables, illustrations, or similar materials that the director determines are too
3468 expensive to reproduce in the administrative code.
3469 (b) Rules incorporating materials by reference shall:
3470 (i) be enacted according to the procedures outlined in this chapter;
3471 (ii) state that the referenced material is incorporated by reference;
3472 (iii) state the date, issue, or version of the material being incorporated; and
3473 (iv) define specifically what material is incorporated by reference and identify any
3474 agency deviations from it.
3475 (c) The agency shall identify any substantive changes in the material incorporated by
3476 reference by following the rulemaking procedures of this chapter.
3477 (d) The agency shall maintain a complete and current copy of the referenced material
3478 available for public review at the agency and at the office.
3479 (8) (a) This chapter is not intended to inhibit the exercise of agency discretion within
3480 the limits prescribed by statute or agency rule.
3481 (b) An agency may enact a rule creating a justified exception to a rule.
3482 (9) An agency may obtain assistance from the attorney general to ensure that its rules
3483 meet legal and constitutional requirements.
3484 Section 50. Section 63G-4-102 is amended to read:
3485 63G-4-102. Scope and applicability of chapter.
3486 (1) Except as set forth in Subsection (2), and except as otherwise provided by a statute
3487 superseding provisions of this chapter by explicit reference to this chapter, the provisions of
3488 this chapter apply to every agency of the state and govern:
3489 (a) state agency action that determines the legal rights, duties, privileges, immunities,
3490 or other legal interests of an identifiable person, including agency action to grant, deny, revoke,
3491 suspend, modify, annul, withdraw, or amend an authority, right, or license; and
3492 (b) judicial review of the action.
3493 (2) This chapter does not govern:
3494 (a) the procedure for making agency rules, or judicial review of the procedure or rules;
3495 (b) the issuance of a notice of a deficiency in the payment of a tax, the decision to
3496 waive a penalty or interest on taxes, the imposition of and penalty or interest on taxes, or the
3497 issuance of a tax assessment, except that this chapter governs an agency action commenced by
3498 a taxpayer or by another person authorized by law to contest the validity or correctness of the
3499 action;
3500 (c) state agency action relating to extradition, to the granting of a pardon or parole, a
3501 commutation or termination of a sentence, or to the rescission, termination, or revocation of
3502 parole or probation, to the discipline of, resolution of a grievance of, supervision of,
3503 confinement of, or the treatment of an [
3504 correctional facility, the Utah State Hospital, the Utah State Developmental Center, or a person
3505 in the custody or jurisdiction of the Division of Substance Abuse and Mental Health, or a
3506 person on probation or parole, or judicial review of the action;
3507 (d) state agency action to evaluate, discipline, employ, transfer, reassign, or promote a
3508 student or teacher in a school or educational institution, or judicial review of the action;
3509 (e) an application for employment and internal personnel action within an agency
3510 concerning its own employees, or judicial review of the action;
3511 (f) the issuance of a citation or assessment under Title 34A, Chapter 6, Utah
3512 Occupational Safety and Health Act, and Title 58, Occupations and Professions, except that
3513 this chapter governs an agency action commenced by the employer, licensee, or other person
3514 authorized by law to contest the validity or correctness of the citation or assessment;
3515 (g) state agency action relating to management of state funds, the management and
3516 disposal of school and institutional trust land assets, and contracts for the purchase or sale of
3517 products, real property, supplies, goods, or services by or for the state, or by or for an agency of
3518 the state, except as provided in those contracts, or judicial review of the action;
3519 (h) state agency action under Title 7, Chapter 1, Part 3, Powers and Duties of
3520 Commissioner of Financial Institutions, Title 7, Chapter 2, Possession of Depository Institution
3521 by Commissioner, Title 7, Chapter 19, Acquisition of Failing Depository Institutions or
3522 Holding Companies, and Chapter 7, Governmental Immunity Act of Utah, or judicial review of
3523 the action;
3524 (i) the initial determination of a person's eligibility for unemployment benefits, the
3525 initial determination of a person's eligibility for benefits under Title 34A, Chapter 2, Workers'
3526 Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act, or the initial
3527 determination of a person's unemployment tax liability;
3528 (j) state agency action relating to the distribution or award of a monetary grant to or
3529 between governmental units, or for research, development, or the arts, or judicial review of the
3530 action;
3531 (k) the issuance of a notice of violation or order under Title 26, Chapter 8a, Utah
3532 Emergency Medical Services System Act, Title 19, Chapter 2, Air Conservation Act, Title 19,
3533 Chapter 3, Radiation Control Act, Title 19, Chapter 4, Safe Drinking Water Act, Title 19,
3534 Chapter 5, Water Quality Act, Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act,
3535 Title 19, Chapter 6, Part 4, Underground Storage Tank Act, or Title 19, Chapter 6, Part 7, Used
3536 Oil Management Act, or Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, except
3537 that this chapter governs an agency action commenced by a person authorized by law to contest
3538 the validity or correctness of the notice or order;
3539 (l) state agency action, to the extent required by federal statute or regulation, to be
3540 conducted according to federal procedures;
3541 (m) the initial determination of a person's eligibility for government or public
3542 assistance benefits;
3543 (n) state agency action relating to wildlife licenses, permits, tags, and certificates of
3544 registration;
3545 (o) a license for use of state recreational facilities;
3546 (p) state agency action under Chapter 2, Government Records Access and Management
3547 Act, except as provided in Section 63G-2-603;
3548 (q) state agency action relating to the collection of water commissioner fees and
3549 delinquency penalties, or judicial review of the action;
3550 (r) state agency action relating to the installation, maintenance, and repair of headgates,
3551 caps, values, or other water controlling works and weirs, flumes, meters, or other water
3552 measuring devices, or judicial review of the action;
3553 (s) the issuance and enforcement of an initial order under Section 73-2-25;
3554 (t) (i) a hearing conducted by the Division of Securities under Section 61-1-11.1; and
3555 (ii) an action taken by the Division of Securities under a hearing conducted under
3556 Section 61-1-11.1, including a determination regarding the fairness of an issuance or exchange
3557 of securities described in Subsection 61-1-11.1(1);
3558 (u) state agency action relating to water well driller licenses, water well drilling
3559 permits, water well driller registration, or water well drilling construction standards, or judicial
3560 review of the action;
3561 (v) the issuance of a determination and order under Title 34A, Chapter 5, Utah
3562 Antidiscrimination Act;
3563 (w) state environmental studies and related decisions by the Department of
3564 Transportation approving state or locally funded projects, or judicial review of the action;
3565 (x) the suspension of operations under Subsection 32B-1-304(3); or
3566 (y) the issuance of a determination of violation by the Governor's Office of Economic
3567 Opportunity under Section 11-41-104.
3568 (3) This chapter does not affect a legal remedy otherwise available to:
3569 (a) compel an agency to take action; or
3570 (b) challenge an agency's rule.
3571 (4) This chapter does not preclude an agency, prior to the beginning of an adjudicative
3572 proceeding, or the presiding officer during an adjudicative proceeding from:
3573 (a) requesting or ordering a conference with parties and interested persons to:
3574 (i) encourage settlement;
3575 (ii) clarify the issues;
3576 (iii) simplify the evidence;
3577 (iv) facilitate discovery; or
3578 (v) expedite the proceeding; or
3579 (b) granting a timely motion to dismiss or for summary judgment if the requirements of
3580 Rule 12(b) or Rule 56 of the Utah Rules of Civil Procedure are met by the moving party,
3581 except to the extent that the requirements of those rules are modified by this chapter.
3582 (5) (a) A declaratory proceeding authorized by Section 63G-4-503 is not governed by
3583 this chapter, except as explicitly provided in that section.
3584 (b) Judicial review of a declaratory proceeding authorized by Section 63G-4-503 is
3585 governed by this chapter.
3586 (6) This chapter does not preclude an agency from enacting a rule affecting or
3587 governing an adjudicative proceeding or from following the rule, if the rule is enacted
3588 according to the procedures outlined in Chapter 3, Utah Administrative Rulemaking Act, and if
3589 the rule conforms to the requirements of this chapter.
3590 (7) (a) If the attorney general issues a written determination that a provision of this
3591 chapter would result in the denial of funds or services to an agency of the state from the federal
3592 government, the applicability of the provision to that agency shall be suspended to the extent
3593 necessary to prevent the denial.
3594 (b) The attorney general shall report the suspension to the Legislature at its next
3595 session.
3596 (8) Nothing in this chapter may be interpreted to provide an independent basis for
3597 jurisdiction to review final agency action.
3598 (9) Nothing in this chapter may be interpreted to restrict a presiding officer, for good
3599 cause shown, from lengthening or shortening a time period prescribed in this chapter, except
3600 the time period established for judicial review.
3601 (10) Notwithstanding any other provision of this section, this chapter does not apply to
3602 a special adjudicative proceeding, as defined in Section 19-1-301.5, except to the extent
3603 expressly provided in Section 19-1-301.5.
3604 (11) Subsection (2)(w), regarding action taken based on state environmental studies
3605 and policies of the Department of Transportation, applies to any claim for which a court of
3606 competent jurisdiction has not issued a final unappealable judgment or order before May 14,
3607 2019.
3608 Section 51. Section 63J-1-602.1 is amended to read:
3609 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
3610 Appropriations made from the following accounts or funds are nonlapsing:
3611 (1) The Utah Intracurricular Student Organization Support for Agricultural Education
3612 and Leadership Restricted Account created in Section 4-42-102.
3613 (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
3614 (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
3615 Section 9-18-102.
3616 (4) The National Professional Men's Soccer Team Support of Building Communities
3617 Restricted Account created in Section 9-19-102.
3618 (5) Funds collected for directing and administering the C-PACE district created in
3619 Section 11-42a-106.
3620 (6) Money received by the Utah Inland Port Authority, as provided in Section
3621 11-58-105.
3622 (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
3623 (8) The Clean Air Support Restricted Account created in Section 19-1-109.
3624 (9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
3625 Section 19-2a-106.
3626 (10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
3627 Section 19-5-126.
3628 (11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
3629 Section 23-14-13.5.
3630 (12) Award money under the State Asset Forfeiture Grant Program, as provided under
3631 Section 24-4-117.
3632 (13) Funds collected from the program fund for local health department expenses
3633 incurred in responding to a local health emergency under Section 26-1-38.
3634 (14) The Children with Cancer Support Restricted Account created in Section
3635 26-21a-304.
3636 (15) State funds for matching federal funds in the Children's Health Insurance Program
3637 as provided in Section 26-40-108.
3638 (16) The Children with Heart Disease Support Restricted Account created in Section
3639 26-58-102.
3640 (17) The Technology Development Restricted Account created in Section 31A-3-104.
3641 (18) The Criminal Background Check Restricted Account created in Section
3642 31A-3-105.
3643 (19) The Captive Insurance Restricted Account created in Section 31A-3-304, except
3644 to the extent that Section 31A-3-304 makes the money received under that section free revenue.
3645 (20) The Title Licensee Enforcement Restricted Account created in Section
3646 31A-23a-415.
3647 (21) The Health Insurance Actuarial Review Restricted Account created in Section
3648 31A-30-115.
3649 (22) The Insurance Fraud Investigation Restricted Account created in Section
3650 31A-31-108.
3651 (23) The Underage Drinking Prevention Media and Education Campaign Restricted
3652 Account created in Section 32B-2-306.
3653 (24) The Drinking While Pregnant Prevention Media and Education Campaign
3654 Restricted Account created in Section 32B-2-308.
3655 (25) The School Readiness Restricted Account created in Section 35A-15-203.
3656 (26) Money received by the Utah State Office of Rehabilitation for the sale of certain
3657 products or services, as provided in Section 35A-13-202.
3658 (27) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
3659 (28) The Oil and Gas Conservation Account created in Section 40-6-14.5.
3660 (29) The Division of Oil, Gas, and Mining Restricted account created in Section
3661 40-6-23.
3662 (30) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
3663 the Motor Vehicle Division.
3664 (31) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
3665 created by Section 41-3-110 to the State Tax Commission.
3666 (32) The Utah Law Enforcement Memorial Support Restricted Account created in
3667 Section 53-1-120.
3668 (33) The State Disaster Recovery Restricted Account to the Division of Emergency
3669 Management, as provided in Section 53-2a-603.
3670 (34) The Post Disaster Recovery and Mitigation Restricted Account created in Section
3671 53-2a-1302.
3672 (35) The Department of Public Safety Restricted Account to the Department of Public
3673 Safety, as provided in Section 53-3-106.
3674 (36) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
3675 53-8-303.
3676 (37) The DNA Specimen Restricted Account created in Section 53-10-407.
3677 (38) The Canine Body Armor Restricted Account created in Section 53-16-201.
3678 (39) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
3679 (40) The Higher Education Capital Projects Fund created in Section 53B-22-202.
3680 (41) A certain portion of money collected for administrative costs under the School
3681 Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
3682 (42) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
3683 subject to Subsection 54-5-1.5(4)(d).
3684 (43) Funds collected from a surcharge fee to provide certain licensees with access to an
3685 electronic reference library, as provided in Section 58-3a-105.
3686 (44) Certain fines collected by the Division of Professional Licensing for violation of
3687 unlawful or unprofessional conduct that are used for education and enforcement purposes, as
3688 provided in Section 58-17b-505.
3689 (45) Funds collected from a surcharge fee to provide certain licensees with access to an
3690 electronic reference library, as provided in Section 58-22-104.
3691 (46) Funds collected from a surcharge fee to provide certain licensees with access to an
3692 electronic reference library, as provided in Section 58-55-106.
3693 (47) Funds collected from a surcharge fee to provide certain licensees with access to an
3694 electronic reference library, as provided in Section 58-56-3.5.
3695 (48) Certain fines collected by the Division of Professional Licensing for use in
3696 education and enforcement of the Security Personnel Licensing Act, as provided in Section
3697 58-63-103.
3698 (49) The Relative Value Study Restricted Account created in Section 59-9-105.
3699 (50) The Cigarette Tax Restricted Account created in Section 59-14-204.
3700 (51) Funds paid to the Division of Real Estate for the cost of a criminal background
3701 check for a mortgage loan license, as provided in Section 61-2c-202.
3702 (52) Funds paid to the Division of Real Estate for the cost of a criminal background
3703 check for principal broker, associate broker, and sales agent licenses, as provided in Section
3704 61-2f-204.
3705 (53) Certain funds donated to the Department of Health and Human Services, as
3706 provided in Section 26B-1-202.
3707 (54) The National Professional Men's Basketball Team Support of Women and
3708 Children Issues Restricted Account created in Section 26B-1-302.
3709 (55) Certain funds donated to the Division of Child and Family Services, as provided
3710 in Section 80-2-404.
3711 (56) The Choose Life Adoption Support Restricted Account created in Section
3712 80-2-502.
3713 (57) Funds collected by the Office of Administrative Rules for publishing, as provided
3714 in Section 63G-3-402.
3715 (58) The Immigration Act Restricted Account created in Section 63G-12-103.
3716 (59) Money received by the military installation development authority, as provided in
3717 Section 63H-1-504.
3718 (60) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
3719 (61) The Unified Statewide 911 Emergency Service Account created in Section
3720 63H-7a-304.
3721 (62) The Utah Statewide Radio System Restricted Account created in Section
3722 63H-7a-403.
3723 (63) The Utah Capital Investment Restricted Account created in Section 63N-6-204.
3724 (64) The Motion Picture Incentive Account created in Section 63N-8-103.
3725 (65) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
3726 as provided under Section 63N-10-301.
3727 (66) Funds collected by the housing of state probationary [
3728 individuals or state parole [
3729 64-13e-104(2).
3730 (67) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
3731 and State Lands, as provided in Section 65A-8-103.
3732 (68) The Amusement Ride Safety Restricted Account, as provided in Section
3733 72-16-204.
3734 (69) Certain funds received by the Office of the State Engineer for well drilling fines or
3735 bonds, as provided in Section 73-3-25.
3736 (70) The Water Resources Conservation and Development Fund, as provided in
3737 Section 73-23-2.
3738 (71) Funds donated or paid to a juvenile court by private sources, as provided in
3739 Subsection 78A-6-203(1)(c).
3740 (72) Fees for certificate of admission created under Section 78A-9-102.
3741 (73) Funds collected for adoption document access as provided in Sections 78B-6-141,
3742 78B-6-144, and 78B-6-144.5.
3743 (74) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
3744 Utah Indigent Defense Commission.
3745 (75) The Utah Geological Survey Oil, Gas, and Mining Restricted Account created in
3746 Section 79-3-403.
3747 (76) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
3748 Park, and Green River State Park, as provided under Section 79-4-403.
3749 (77) Funds donated as described in Section 41-1a-422 for the State Park Fees
3750 Restricted Account created in Section 79-4-402 for support of the Division of State Parks' dark
3751 sky initiative.
3752 (78) Certain funds received by the Division of State Parks from the sale or disposal of
3753 buffalo, as provided under Section 79-4-1001.
3754 Section 52. Section 63M-7-204 is amended to read:
3755 63M-7-204. Duties of commission.
3756 (1) The State Commission on Criminal and Juvenile Justice administration shall:
3757 (a) promote the commission's purposes as enumerated in Section 63M-7-201;
3758 (b) promote the communication and coordination of all criminal and juvenile justice
3759 agencies;
3760 (c) study, evaluate, and report on the status of crime in the state and on the
3761 effectiveness of criminal justice policies, procedures, and programs that are directed toward the
3762 reduction of crime in the state;
3763 (d) study, evaluate, and report on programs initiated by state and local agencies to
3764 address reducing recidivism, including changes in penalties and sentencing guidelines intended
3765 to reduce recidivism, costs savings associated with the reduction in the number of [
3766 incarcerated individuals, and evaluation of expenses and resources needed to meet goals
3767 regarding the use of treatment as an alternative to incarceration, as resources allow;
3768 (e) study, evaluate, and report on policies, procedures, and programs of other
3769 jurisdictions which have effectively reduced crime;
3770 (f) identify and promote the implementation of specific policies and programs the
3771 commission determines will significantly reduce crime in Utah;
3772 (g) provide analysis and recommendations on all criminal and juvenile justice
3773 legislation, state budget, and facility requests, including program and fiscal impact on all
3774 components of the criminal and juvenile justice system;
3775 (h) provide analysis, accountability, recommendations, and supervision for state and
3776 federal criminal justice grant money;
3777 (i) provide public information on the criminal and juvenile justice system and give
3778 technical assistance to agencies or local units of government on methods to promote public
3779 awareness;
3780 (j) promote research and program evaluation as an integral part of the criminal and
3781 juvenile justice system;
3782 (k) provide a comprehensive criminal justice plan annually;
3783 (l) review agency forecasts regarding future demands on the criminal and juvenile
3784 justice systems, including specific projections for secure bed space;
3785 (m) promote the development of criminal and juvenile justice information systems that
3786 are consistent with common standards for data storage and are capable of appropriately sharing
3787 information with other criminal justice information systems by:
3788 (i) developing and maintaining common data standards for use by all state criminal
3789 justice agencies;
3790 (ii) annually performing audits of criminal history record information maintained by
3791 state criminal justice agencies to assess their accuracy, completeness, and adherence to
3792 standards;
3793 (iii) defining and developing state and local programs and projects associated with the
3794 improvement of information management for law enforcement and the administration of
3795 justice; and
3796 (iv) establishing general policies concerning criminal and juvenile justice information
3797 systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
3798 Subsection (1)(m);
3799 (n) allocate and administer grants, from money made available, for approved education
3800 programs to help prevent the sexual exploitation of children;
3801 (o) allocate and administer grants for law enforcement operations and programs related
3802 to reducing illegal drug activity and related criminal activity;
3803 (p) request, receive, and evaluate data and recommendations collected and reported by
3804 agencies and contractors related to policies recommended by the commission regarding
3805 recidivism reduction, including the data described in Section 13-53-111 and Subsection
3806 62A-15-103(2)(l);
3807 (q) establish and administer a performance incentive grant program that allocates funds
3808 appropriated by the Legislature to programs and practices implemented by counties that reduce
3809 recidivism and reduce the number of offenders per capita who are incarcerated;
3810 (r) oversee or designate an entity to oversee the implementation of juvenile justice
3811 reforms;
3812 (s) make rules and administer the juvenile holding room standards and juvenile jail
3813 standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
3814 pursuant to 42 U.S.C. Sec. 5633;
3815 (t) allocate and administer grants, from money made available, for pilot qualifying
3816 education programs;
3817 (u) oversee the trauma-informed justice program described in Section 63M-7-209;
3818 (v) request, receive, and evaluate the aggregate data collected from prosecutorial
3819 agencies and the Administrative Office of the Courts, in accordance with Sections 63M-7-216
3820 and 78A-2-109.5;
3821 (w) report annually to the Law Enforcement and Criminal Justice Interim Committee
3822 on the progress made on each of the following goals of the Justice Reinvestment Initiative:
3823 (i) ensuring oversight and accountability;
3824 (ii) supporting local corrections systems;
3825 (iii) improving and expanding reentry and treatment services; and
3826 (iv) strengthening probation and parole supervision;
3827 (x) compile a report of findings based on the data and recommendations provided
3828 under Section 13-53-111 and Subsection 62A-15-103(2)(n) that:
3829 (i) separates the data provided under Section 13-53-111 by each residential, vocational
3830 and life skills program; and
3831 (ii) separates the data provided under Subsection 62A-15-103(2)(n) by each mental
3832 health or substance use treatment program; and
3833 (y) publish the report described in Subsection (1)(x) on the commission's website and
3834 annually provide the report to the Judiciary Interim Committee, the Health and Human Services
3835 Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
3836 related appropriations subcommittees.
3837 (2) If the commission designates an entity under Subsection (1)(r), the commission
3838 shall ensure that the membership of the entity includes representation from the three branches
3839 of government and, as determined by the commission, representation from relevant stakeholder
3840 groups across all parts of the juvenile justice system, including county representation.
3841 Section 53. Section 63M-7-526 is amended to read:
3842 63M-7-526. Crime Victims Reparations Fund.
3843 (1) (a) There is created an expendable special revenue fund known as the "Crime
3844 Victim Reparations Fund" to be administered and distributed as provided in this section by the
3845 office in cooperation with the Division of Finance.
3846 (b) The fund shall consist of:
3847 (i) appropriations by the Legislature; and
3848 (ii) funds collected under Subsections (2) and (3).
3849 (c) Money deposited in this fund is for victim reparations, other victim services, and, as
3850 appropriated, for administrative costs of the office.
3851 (2) (a) A percentage of the income earned by [
3852 working for correctional industries in a federally certified private sector/prison industries
3853 enhancement program shall be deposited [
3854 (b) The percentage of income deducted from [
3855 under Subsection (2)(a) shall be determined by the executive director of the Department of
3856 Corrections in accordance with the requirements of the private sector/prison industries
3857 enhancement program.
3858 (3) (a) Judges are encouraged to, and may in their discretion, impose additional
3859 reparations to be paid into the fund by convicted criminals.
3860 (b) The additional discretionary reparations may not exceed the statutory maximum
3861 fine permitted by Title 76, Utah Criminal Code, for that offense.
3862 Section 54. Section 64-9b-1 is amended to read:
3863
3864 64-9b-1. Legislative findings.
3865 (1) The Legislature finds that it is in the best interest of the state for the department to:
3866 (a) develop job opportunities to further enhance the rehabilitation of [
3867 incarcerated individuals of the Utah state prison;
3868 (b) establish and actively work toward the goal that all [
3869 individuals shall be productively involved in a treatment, education, or work program, or a
3870 combination of these programs, as appropriate, except for [
3871 who the department determines have a physical or mental disability, or pose a danger to the
3872 public, so that they are unable to engage in these activities; and
3873 (c) submit a comprehensive management plan outlining the department's plan to meet
3874 this goal to the Legislature on or before November 1 of each even-numbered year, and the plan
3875 shall include:
3876 (i) a cost-effective analysis of current [
3877 treatment, and work programs; and
3878 (ii) a study of the feasibility of expanding [
3879 programs, particularly in regard to programs that:
3880 (A) are not capital intensive;
3881 (B) do not unfairly compete with existing Utah industry; and
3882 (C) are designed to increase the motivation, develop the work capabilities, and foster
3883 the cooperation of [
3884 (2) The Legislature further finds that a proper means to accomplish this is through a
3885 liberal application of this chapter.
3886 Section 55. Section 64-9b-2 is amended to read:
3887 64-9b-2. Definitions.
3888 As used in this chapter:
3889 (1) "Department" means the Department of Corrections.
3890 (2) [
3891 who is under the jurisdiction of the department and who is assigned to the Utah state prison or
3892 to a county jail.
3893 Section 56. Section 64-9b-3 is amended to read:
3894 64-9b-3. Encouragement of private industry -- Types of employers to be sought.
3895 (1) The department is authorized to encourage private industry to locate and provide
3896 rehabilitative and job opportunities for [
3897 prison and county jails housing [
3898 department.
3899 (2) The department shall determine what type of employer is to be allowed to locate at
3900 the prison or county jail, taking into consideration the physical facilities and space at the prison
3901 or county jail, the abilities of the [
3902 be produced by the employer.
3903 Section 57. Section 64-9b-4 is amended to read:
3904 64-9b-4. Work to be voluntary -- Payment of prevailing wages.
3905 (1) Rehabilitative and job opportunities at the Utah state prison and participating
3906 county jails shall not be forced upon any [
3907 Constitution, Article XVI, Section 3 (2), but instead shall be on a completely voluntary basis.
3908 (2) (a) Private businesses that manufacture products for sale in Utah or in interstate
3909 commerce shall pay [
3910 local private industry.
3911 (b) Private businesses that provide services, agricultural products, or manufactured
3912 products for export shall pay [
3913 department, but should not displace local Utah workers as a result of their employment of
3914 [
3915 Section 58. Section 64-9b-5 is amended to read:
3916 64-9b-5. Intent of Legislature.
3917 It is the legislative intent, and [
3918 individual is encouraged to use the incarcerated individual's personal earnings from jobs
3919 created under this chapter for the following:
3920 (1) for restitution to the victims of the [
3921 offense, where applicable;
3922 (2) for support of the [
3923 (3) for the [
3924 (4) for reimbursement of security, operational, and other costs incurred by the Utah
3925 Correctional Industries Division of the department in administering these projects.
3926 Section 59. Section 64-13-1 is amended to read:
3927 64-13-1. Definitions.
3928 As used in this chapter:
3929 (1) "Behavioral health transition facility" means a nonsecure correctional facility
3930 operated by the department for the purpose of providing a therapeutic environment for
3931 offenders receiving mental health services.
3932 (2) "Case action plan" means a document developed by the Department of Corrections
3933 that identifies:
3934 (a) the program priorities for the treatment of the offender, including the criminal risk
3935 factors as determined by risk, needs, and responsivity assessments conducted by the
3936 department; and
3937 (b) clearly defined completion requirements.
3938 (3) "Community correctional center" means a nonsecure correctional facility operated
3939 by the department, but does not include a behavioral health transition facility for the purposes
3940 of Section 64-13f-103.
3941 (4) "Correctional facility" means any facility operated to house offenders in a secure or
3942 nonsecure setting:
3943 (a) by the department; or
3944 (b) under a contract with the department.
3945 (5) "Criminal risk factors" means an individual's characteristics and behaviors that:
3946 (a) affect the individual's risk of engaging in criminal behavior; and
3947 (b) are diminished when addressed by effective treatment, supervision, and other
3948 support resources, resulting in a reduced risk of criminal behavior.
3949 (6) "Department" means the Department of Corrections.
3950 (7) "Direct supervision" means a housing and supervision system that is designed to
3951 meet the goals described in Subsection 64-13-14(5) and has the elements described in
3952 Subsection 64-13-14(6).
3953 (8) "Emergency" means any riot, disturbance, homicide, [
3954 individual violence occurring in any correctional facility, or any situation that presents
3955 immediate danger to the safety, security, and control of the department.
3956 (9) "Evidence-based" means a program or practice that has had multiple randomized
3957 control studies or a meta-analysis demonstrating that the program or practice is effective for a
3958 specific population or has been rated as effective by a standardized program evaluation tool.
3959 (10) "Evidence-informed" means a program or practice that is based on research and
3960 the experience and expertise of the department.
3961 (11) "Executive director" means the executive director of the Department of
3962 Corrections.
3963 (12) [
3964 (a) committed to the custody of the department; and
3965 (b) housed at a correctional facility or at a county jail at the request of the department.
3966 (13) "Offender" means an individual who has been convicted of a crime for which the
3967 individual may be committed to the custody of the department and is at least one of the
3968 following:
3969 (a) committed to the custody of the department;
3970 (b) on probation; or
3971 (c) on parole.
3972 (14) "Restitution" means the same as that term is defined in Section 77-38b-102.
3973 (15) "Risk and needs assessment" means an actuarial tool validated on criminal
3974 offenders that determines:
3975 (a) an individual's risk of reoffending; and
3976 (b) the criminal risk factors that, when addressed, reduce the individual's risk of
3977 reoffending.
3978 (16) "Secure correctional facility" means any prison, penitentiary, or other institution
3979 operated by the department or under contract for the confinement of offenders, where force
3980 may be used to restrain an offender if the offender attempts to leave the institution without
3981 authorization.
3982 (17) "Serious illness" means, as determined by the incarcerated individual's physician,
3983 an illness that substantially impairs the incarcerated individual's quality of life.
3984 (18) "Serious injury" means, as determined by the incarcerated individual's physician,
3985 bodily injury that involves a substantial risk of death, prolonged unconsciousness, prolonged
3986 and obvious disfigurement, or prolonged loss or impairment of the function of a bodily
3987 member, organ, or mental faculty.
3988 Section 60. Section 64-13-14.5 is amended to read:
3989 64-13-14.5. Limits of confinement place -- Release status -- Work release.
3990 (1) The department may extend the limits of the place of confinement of an [
3991 incarcerated individual when, as established by department policies and procedures, there is
3992 cause to believe the [
3993 [
3994 (a) to leave temporarily for purposes specified by department policies and procedures
3995 to visit specifically designated places for a period not to exceed 30 days;
3996 (b) to participate in a voluntary training program in the community while housed at a
3997 correctional facility or to work at paid employment;
3998 (c) to be housed in a nonsecure community correctional center operated by the
3999 department; or
4000 (d) to be housed in any other facility under contract with the department.
4001 (2) The department shall establish rules governing offenders on release status. A copy
4002 of the rules shall be furnished to the offender and to any employer or other person participating
4003 in the offender's release program. Any employer or other participating person shall agree in
4004 writing to abide by the rules and to notify the department of the offender's discharge or other
4005 release from a release program activity, or of any violation of the rules governing release status.
4006 (3) The willful failure of an [
4007 extended limits of his confinement or to return within the time prescribed to an institution or
4008 facility designated by the department is an escape from custody.
4009 (4) If an offender is arrested for the commission of a crime, the arresting authority shall
4010 immediately notify the department of the arrest.
4011 (5) The department may impose appropriate sanctions pursuant to Section 64-13-21
4012 upon offenders who violate guidelines established by the Utah Sentencing Commission,
4013 including prosecution for escape under Section 76-8-309 and for unauthorized absence.
4014 (6) An [
4015 facility and on work release may not be required to work for less than the current federally
4016 established minimum wage, or under substandard working conditions.
4017 Section 61. Section 64-13-15 is amended to read:
4018 64-13-15. Property of offender -- Storage and disposal.
4019 (1) (a) (i) Offenders may retain personal property at correctional facilities only as
4020 authorized by the department.
4021 (ii) An offender's property which is retained by the department shall be inventoried and
4022 placed in storage by the department and a receipt for the property shall be issued to the
4023 offender.
4024 (iii) Offenders shall be required to arrange for disposal of property retained by the
4025 department within a reasonable time under department rules.
4026 (iv) Property retained by the department shall be returned to the offender at discharge,
4027 or in accordance with Title 75, Utah Uniform Probate Code, in the case of death prior to
4028 discharge.
4029 (b) If property is not claimed within one year of discharge, or it is not disposed of by
4030 the offender within a reasonable time after the department's order to arrange for disposal, it
4031 becomes property of the state and may be used for correctional purposes or donated to a charity
4032 within the state.
4033 (c) If an [
4034 [
4035 Section 75-2-105.
4036 (d) (i) Funds which are contraband and in the physical custody of [
4037 incarcerated individual, whether in the form of currency and coin which are legal tender in any
4038 jurisdiction or negotiable instruments drawn upon a personal or business account, shall be
4039 subject to forfeiture following a hearing which accords with prevailing standards of due
4040 process.
4041 (ii) All such forfeited funds shall be used by the department for purposes which
4042 promote the general welfare of [
4043 department.
4044 (iii) Money and negotiable instruments taken from offenders' mail under department
4045 rule and which are not otherwise contraband shall be placed in an account administered by the
4046 department, to the credit of the offender who owns the money or negotiable instruments.
4047 (2) Upon discharge from a secure correctional facility, the department may give an
4048 [
4049 with the approval of the director of the Division of Finance. At its discretion, the department
4050 may spend the funds directly on the purchase of necessities or transportation for the discharged
4051 [
4052 Section 62. Section 64-13-16 is amended to read:
4053 64-13-16. Incarcerated individual employment.
4054 (1) (a) The department may employ [
4055 incapable of employment because of sickness or other infirmity or for security reasons, to the
4056 degree that funding and available resources allow.
4057 (b) An offender may not be employed on work which benefits any employee or officer
4058 of the department.
4059 (2) An offender employed under this section is not considered an employee, worker,
4060 workman, or operative for purposes of Title 34A, Chapter 2, Workers' Compensation Act,
4061 except as required by federal statute or regulation.
4062 Section 63. Section 64-13-17 is amended to read:
4063 64-13-17. Visitors to correctional facilities -- Correspondence.
4064 (1) (a) The following persons may visit correctional facilities without the consent of
4065 the department:
4066 (i) the governor;
4067 (ii) the attorney general;
4068 (iii) a justice or judge of the courts of record;
4069 (iv) members of the Board of Pardons and Parole;
4070 (v) members of the Legislature;
4071 (vi) the sheriff, district attorney, and county attorney for the county in which the
4072 correctional facility is located; and
4073 (vii) any other persons authorized under rules prescribed by the department or court
4074 order.
4075 (b) [
4076
4077 department has received notice of, and is permitted to respond to, the court order. The court
4078 shall consider department policy when making its order.
4079 (c) The department may limit access to correctional facilities when the department or
4080 governor declares an emergency or when there is a riot or other disturbance.
4081 (2) (a) A person may not visit with any offender at any correctional facility, other than
4082 under Subsection (1), without the consent of the department.
4083 (b) Offenders and all visitors, including those listed in Subsection (1), may be required
4084 to submit to a search or inspection of their persons and properties as a condition of visitation.
4085 (3) The department shall make rules under Title 63G, Chapter 3, Utah Administrative
4086 Rulemaking Act, establishing guidelines for providing written notice to visitors regarding
4087 prohibited items and regarding the fact that under state law all visitors may be required to
4088 submit to a search of their persons and properties as a condition of visitation.
4089 (4) Offenders housed at any correctional facility may send and receive correspondence,
4090 subject to the rules of the department. All correspondence is subject to search, consistent with
4091 department rules.
4092 Section 64. Section 64-13-21 is amended to read:
4093 64-13-21. Supervision of sentenced offenders placed in community -- Rulemaking
4094 -- POST certified parole or probation officers and peace officers -- Duties -- Supervision
4095 fee.
4096 (1) (a) The department, except as otherwise provided by law, shall supervise sentenced
4097 offenders placed in the community on probation by the courts, on parole by the Board of
4098 Pardons and Parole, or upon acceptance for supervision under the terms of the Interstate
4099 Compact for the Supervision of Parolees and Probationers.
4100 (b) If a sentenced offender participates in substance use treatment or a residential,
4101 vocational and life skills program, as defined in Section 13-53-102, while under supervision on
4102 probation or parole, the department shall monitor the offender's compliance with and
4103 completion of the treatment or program.
4104 (c) The department shall establish standards for:
4105 (i) the supervision of offenders in accordance with sentencing guidelines and
4106 supervision length guidelines, including the graduated and evidence-based responses,
4107 established by the Utah Sentencing Commission, giving priority, based on available resources,
4108 to felony offenders and offenders sentenced under Subsection 58-37-8 (2)(b)(ii); and
4109 (ii) the monitoring described in Subsection (1)(b).
4110 (2) The department shall apply the graduated and evidence-based responses established
4111 by the Utah Sentencing Commission to facilitate a prompt and appropriate response to an
4112 individual's violation of the terms of probation or parole, including:
4113 (a) sanctions to be used in response to a violation of the terms of probation or parole;
4114 and
4115 (b) requesting approval from the court or Board of Pardons and Parole to impose a
4116 sanction for an individual's violation of the terms of probation or parole, for a period of
4117 incarceration of not more than three consecutive days and not more than a total of five days
4118 within a period of 30 days.
4119 (3) The department shall implement a program of graduated incentives as established
4120 by the Utah Sentencing Commission to facilitate the department's prompt and appropriate
4121 response to an offender's:
4122 (a) compliance with the terms of probation or parole; or
4123 (b) positive conduct that exceeds those terms.
4124 (4) (a) The department shall, in collaboration with the State Commission on Criminal
4125 and Juvenile Justice and the Division of Substance Abuse and Mental Health, create standards
4126 and procedures for the collection of information, including cost savings related to recidivism
4127 reduction and the reduction in the number of [
4128 use of the graduated and evidence-based responses and graduated incentives, and offenders'
4129 outcomes.
4130 (b) The collected information shall be provided to the State Commission on Criminal
4131 and Juvenile Justice not less frequently than annually on or before August 31.
4132 (5) Employees of the department who are POST certified as law enforcement officers
4133 or correctional officers and who are designated as parole and probation officers by the
4134 executive director have the following duties:
4135 (a) monitoring, investigating, and supervising a parolee's or probationer's compliance
4136 with the conditions of the parole or probation agreement;
4137 (b) investigating or apprehending any offender who has escaped from the custody of
4138 the department or absconded from supervision;
4139 (c) supervising any offender during transportation; or
4140 (d) collecting DNA specimens when the specimens are required under Section
4141 53-10-404.
4142 (6) (a) (i) A monthly supervision fee of $30 shall be collected from each offender on
4143 probation or parole.
4144 (ii) The fee described in Subsection (6)(a)(i) may be suspended or waived by the
4145 department upon a showing by the offender that imposition would create a substantial hardship
4146 or if the offender owes restitution to a victim.
4147 (b) (i) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
4148 Administrative Rulemaking Act, specifying the criteria for suspension or waiver of the
4149 supervision fee and the circumstances under which an offender may request a hearing.
4150 (ii) In determining whether the imposition of the supervision fee would constitute a
4151 substantial hardship, the department shall consider the financial resources of the offender and
4152 the burden that the fee would impose, with regard to the offender's other obligations.
4153 (7) (a) For offenders placed on probation under Section 77-18-105 or parole under
4154 Subsection 76-3-202(2)(a) on or after October 1, 2015, but before January 1, 2019, the
4155 department shall establish a program allowing an offender to earn credits for the offender's
4156 compliance with the terms of the offender's probation or parole, which shall be applied to
4157 reducing the period of probation or parole as provided in this Subsection (7).
4158 (b) The program shall provide that an offender earns a reduction credit of 30 days from
4159 the offender's period of probation or parole for each month the offender completes without any
4160 violation of the terms of the offender's probation or parole agreement, including the case action
4161 plan.
4162 (c) The department shall maintain a record of credits earned by an offender under this
4163 Subsection (7) and shall request from the court or the Board of Pardons and Parole the
4164 termination of probation or parole not fewer than 30 days prior to the termination date that
4165 reflects the credits earned under this Subsection (7).
4166 (d) This Subsection (7) does not prohibit the department from requesting a termination
4167 date earlier than the termination date established by earned credits under Subsection (7)(c).
4168 (e) The court or the Board of Pardons and Parole shall terminate an offender's
4169 probation or parole upon completion of the period of probation or parole accrued by time
4170 served and credits earned under this Subsection (7) unless the court or the Board of Pardons
4171 and Parole finds that termination would interrupt the completion of a necessary treatment
4172 program, in which case the termination of probation or parole shall occur when the treatment
4173 program is completed.
4174 (f) The department shall report annually to the State Commission on Criminal and
4175 Juvenile Justice on or before August 31:
4176 (i) the number of offenders who have earned probation or parole credits under this
4177 Subsection (7) in one or more months of the preceding fiscal year and the percentage of the
4178 offenders on probation or parole during that time that this number represents;
4179 (ii) the average number of credits earned by those offenders who earned credits;
4180 (iii) the number of offenders who earned credits by county of residence while on
4181 probation or parole;
4182 (iv) the cost savings associated with sentencing reform programs and practices; and
4183 (v) a description of how the savings will be invested in treatment and
4184 early-intervention programs and practices at the county and state levels.
4185 Section 65. Section 64-13-25 is amended to read:
4186 64-13-25. Standards for programs -- Audits.
4187 (1) To promote accountability and to ensure safe and professional operation of
4188 correctional programs, the department shall establish minimum standards for the organization
4189 and operation of its programs, including collaborating with the Department of Health and
4190 Human Services to establish minimum standards for programs providing assistance for
4191 individuals involved in the criminal justice system.
4192 (a) The standards shall be promulgated according to state rulemaking provisions.
4193 Those standards that apply to offenders are exempt from the provisions of Title 63G, Chapter
4194 3, Utah Administrative Rulemaking Act. Offenders are not a class of persons under that act.
4195 (b) Standards shall provide for inquiring into and processing offender complaints.
4196 (c) (i) The department shall establish minimum standards and qualifications for
4197 treatment programs provided in county jails to which persons committed to the state prison are
4198 placed by jail contract under Section 64-13e-103.
4199 (ii) In establishing the standards and qualifications for the treatment programs, the
4200 department shall:
4201 (A) consult and collaborate with the county sheriffs and the Division of Substance
4202 Abuse and Mental Health; and
4203 (B) include programs demonstrated by recognized scientific research to reduce
4204 recidivism by addressing an offender's criminal risk factors as determined by a risk and needs
4205 assessment.
4206 (iii) All jails contracting to house offenders committed to the state prison shall meet the
4207 minimum standards for treatment programs as established under this Subsection (1)(c).
4208 (d) (i) The department shall establish minimum standards of treatment for sex
4209 offenders, which shall include the requirements under Subsection 64-13-7.5(3) regarding
4210 licensure and competency.
4211 (ii) The standards shall require the use of the most current best practices demonstrated
4212 by recognized scientific research to address an offender's criminal risk factors.
4213 (iii) The department shall collaborate with the Division of Substance Abuse and
4214 Mental Health to develop and effectively distribute the standards to jails and to mental health
4215 professionals who desire to provide mental health treatment for sex offenders.
4216 (iv) The department shall establish the standards by administrative rule pursuant to
4217 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4218 (2) The department shall establish an audit for compliance with standards established
4219 under this section according to policies and procedures established by the department, for
4220 continued operation of correctional and treatment programs provided to offenders committed to
4221 the department's custody, including [
4222 contract with the Department of Corrections.
4223 (a) At least every three years, the department shall internally audit all programs for
4224 compliance with established standards.
4225 (b) All financial statements and accounts of the department shall be reviewed during
4226 the audit. Written review shall be provided to the managers of the programs and the executive
4227 director of the department.
4228 (c) The reports shall be classified as confidential internal working papers and access is
4229 available at the discretion of the executive director or the governor, or upon court order.
4230 (3) The department shall establish a certification program for public and private
4231 providers of treatment for sex offenders on probation or parole that requires the providers' sex
4232 offender treatment practices meet the standards and practices established under Subsection
4233 (1)(d) to reduce sex offender recidivism.
4234 (a) The department shall collaborate with the Division of Substance Abuse and Mental
4235 Health to develop, coordinate, and implement the certification program.
4236 (b) The certification program shall be based on the standards under Subsection (1)(d)
4237 and shall require renewal of certification every two years.
4238 (c) All public and private providers of sex offender treatment, including those
4239 providing treatment to offenders housed in county jails by contract under Section 64-13e-103,
4240 shall comply with these standards on and after July 1, 2016, in order to begin receiving or
4241 continue receiving payment from the department to provide sex offender treatment on or after
4242 July 1, 2016.
4243 (d) The department shall establish the certification program by administrative rule
4244 pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4245 (4) The department shall establish performance goals and outcome measurements for
4246 all programs that are subject to the minimum standards established under this section and shall
4247 collect data to analyze and evaluate whether the goals and measurements are attained.
4248 (a) The department shall collaborate with the Division of Substance Abuse and Mental
4249 Health to develop and coordinate the performance goals and outcome measurements, including
4250 recidivism rates and treatment success and failure rates.
4251 (b) The department may use these data to make decisions on the use of funds to
4252 provide treatment for which standards are established under this section.
4253 (c) The department shall collaborate with the Division of Substance Abuse and Mental
4254 Health to track a subgroup of participants to determine if there is a net positive result from the
4255 use of treatment as an alternative to incarceration.
4256 (d) The department shall collaborate with the Division of Substance Abuse and Mental
4257 Health to evaluate the costs, including any additional costs, and the resources needed to attain
4258 the performance goals established for the use of treatment as an alternative to incarceration.
4259 (e) The department shall annually provide data collected under this Subsection (4) to
4260 the Commission on Criminal and Juvenile Justice on or before August 31. The commission
4261 shall compile a written report of the findings based on the data and shall provide the report to
4262 the legislative Judiciary Interim Committee, the Health and Human Services Interim
4263 Committee, the Law Enforcement and Criminal Justice Interim Committee, and the related
4264 appropriations subcommittees.
4265 Section 66. Section 64-13-30 is amended to read:
4266 64-13-30. Expenses incurred by offenders -- Payment to department or county
4267 jail -- Medical care expenses and copayments.
4268 (1) (a) The department or county jail may require an [
4269 make a copayment for medical and dental services provided by the department or county jail.
4270 (b) For services provided while in the custody of the department, the copayment by the
4271 [
4272 prescription medication.
4273 (c) For services provided outside of a prison facility while in the custody of the
4274 department, the offender is responsible for 10% of the costs associated with hospital care with
4275 a cap on an [
4276 $2,000 per fiscal year.
4277 (2) (a) An [
4278 determined by the department upon entry into the department's custody, is responsible to pay
4279 the costs of all medical and dental care up to 20% of the [
4280 total determined asset value.
4281 (b) After an [
4282 equal to 20% of the [
4283 incarcerated individual is subject to the copayments provided in Subsection (1).
4284 (3) The department shall turn over to the Office of State Debt Collection any debt
4285 under this section that is unpaid at the time the offender is released from parole.
4286 (4) An [
4287 [
4288 financial resources.
4289 (5) When an offender in the custody of the department receives medical care that is
4290 provided outside of a prison facility, the department shall pay the costs:
4291 (a) at the contracted rate; or
4292 (b) (i) if there is no contract between the department and a health care facility that
4293 establishes a fee schedule for medical services rendered, expenses shall be at the noncapitated
4294 state Medicaid rate in effect at the time the service was provided; and
4295 (ii) if there is no contract between the department and a health care provider that
4296 establishes a fee schedule for medical services rendered, expenses shall be 65% of the amount
4297 that would be paid under the Public Employees' Benefit and Insurance Program, created in
4298 Section 49-20-103.
4299 (6) Expenses described in Subsection (5) are a cost to the department only to the extent
4300 that they exceed an offender's private insurance that is in effect at the time of the service and
4301 that covers those expenses.
4302 (7) (a) The Public Employees' Benefit and Insurance Program shall provide
4303 information to the department that enables the department to calculate the amount to be paid to
4304 a health care provider under Subsection (5)(b).
4305 (b) The department shall ensure that information provided under Subsection (7)(a) is
4306 confidential.
4307 Section 67. Section 64-13-30.5 is amended to read:
4308 64-13-30.5. Payment by incarcerated individual for postsecondary educational
4309 tuition.
4310 (1) (a) [
4311 education program through the department shall pay to the department at the time of
4312 enrollment 50% of the costs of the postsecondary education tuition.
4313 [
4314 postsecondary education program but is unable to pay the costs of the education because of
4315 inadequate financial resources, the [
4316 deferred tuition payment program under this section.
4317 [
4318 deferred postsecondary education tuition repayment program to provide [
4319 individuals a reasonable payment schedule and payment amount to allow for deferred payment
4320 of the postsecondary educational tuition obligation the [
4321 incurred while under supervision of the department, which shall:
4322 [
4323 incarcerated individual while under the supervision of the department;
4324 [
4325 payment of postsecondary education tuition costs, which shall require that payments start no
4326 later than two years after termination of parole; and
4327 [
4328 interest rates, commensurate with student loans currently being offered by local financial
4329 institutions.
4330 [
4331 offender of the postsecondary tuition repayment responsibility.
4332 [
4333 offender at the time of participation in the program from the Prison Telephone Surcharge
4334 Account.
4335 (2) (a) Of those tuition funds collected by the Office of State Debt Collection under
4336 this section, 10% may be used by the Office of State Debt Collection for operation of the
4337 deferred payment program.
4338 (b) All other funds collected as repayment for postsecondary tuition costs shall be
4339 deposited in the Prison Telephone Surcharge Account.
4340 (3) Only [
4341 participate in the postsecondary educational program offered through the department.
4342 Section 68. Section 64-13-32 is amended to read:
4343 64-13-32. Discipline of offenders -- Use of force.
4344 (1) If an offender offers violence to an officer or other employee of the Department of
4345 Corrections, or to another offender, or to any other person; attempts to damage or damages any
4346 corrections property; attempts to escape; or resists or refuses to obey any lawful and reasonable
4347 command; the officers and other employees of the department may use all reasonable means,
4348 including the use of weapons, to defend themselves and department property and to enforce the
4349 observance of discipline and prevent escapes.
4350 (2) (a) An [
4351 facility and is in the act of escaping from that secure correctional facility or from the custody of
4352 a peace or correctional officer is presumed to pose a threat of death or serious bodily injury to
4353 an officer or others if apprehension is delayed.
4354 (b) Notwithstanding Section 76-2-404, a peace or correctional officer is justified in
4355 using deadly force if he reasonably believes deadly force is necessary to apprehend the [
4356 incarcerated individual.
4357 Section 69. Section 64-13-34 is amended to read:
4358 64-13-34. Safety of offenders.
4359 (1) In case of disaster or acts of God that threaten the safety of [
4360 individuals or the security of a secure correctional facility, [
4361 may be moved to a suitable place of security.
4362 (2) [
4363 a correctional facility as soon as it is practicable.
4364 Section 70. Section 64-13-36 is amended to read:
4365 64-13-36. Testing of incarcerated individuals for AIDS and HIV infection --
4366 Medical care -- Department authority.
4367 (1) As used in this section[
4368
4369
4370 Immunodeficiency Syndrome or Human Immunodeficiency Virus infection in accordance with
4371 standards recommended by the state Department of Health and Human Services.
4372 (2) (a) Within 90 days after July 1, 1989, the effective date of this act, the department
4373 shall test or provide for testing of all [
4374 jurisdiction of the department, and subsequently test or provide for testing of all [
4375 incarcerated individuals who are committed to the jurisdiction of the department upon
4376 admission or within a reasonable period after admission.
4377 (b) At the time test results are provided to [
4378 department shall provide education and counseling regarding Acquired Immunodeficiency
4379 Syndrome and Human Immunodeficiency Virus infection.
4380 (3) (a) The results of tests conducted under Subsection (2) become part of the
4381 [
4382 department rule and in accordance with any other legal requirement for reporting of Acquired
4383 Immunodeficiency Syndrome or Human Immunodeficiency Virus infection.
4384 (b) Medical and epidemiological information regarding results of tests conducted under
4385 Subsection (2) shall be provided to the state Department of Health and Human Services.
4386 (4) The department has authority to take action as medically indicated with regard to
4387 any [
4388 Syndrome or Human Immunodeficiency Virus infection.
4389 (5) [
4390 Immunodeficiency Syndrome or Human Immunodeficiency Virus infection may not be
4391 excluded from common areas of the prison that are accessible to other [
4392 individuals solely on the basis of that condition, unless medically necessary for protection of
4393 the general [
4394 Section 71. Section 64-13-38 is amended to read:
4395 64-13-38. Emergency release due to overcrowding.
4396 (1) [
4397 (a) "Maximum capacity" means every physical and funded prison bed is occupied by
4398 an [
4399 (b) "Operational capacity" means 96.5% of every physical and funded bed is occupied
4400 by an [
4401 (c) "Emergency release capacity" means 98% of every physical and funded bed is
4402 occupied by an [
4403 (2) When the executive director of the department finds that either the male or female
4404 [
4405 capacity for at least 45 consecutive days, the executive director shall notify the governor, the
4406 legislative leadership, and the Board of Pardons and Parole that the department is approaching
4407 an overcrowding emergency and provide them with information relevant to that determination.
4408 (3) When the executive director of the department finds that either the male or female
4409 [
4410 release capacity for at least 45 consecutive days, the executive director shall:
4411 (a) notify the governor and the legislative leadership that the emergency release
4412 capacity has been reached and provide them with information relevant to that determination;
4413 and
4414 (b) notify the Board of Pardons and Parole that the emergency release capacity has
4415 been reached so that the board may commence the emergency release process pursuant to
4416 Subsection (4).
4417 (4) Upon the department's notifying the governor and the legislative leadership of the
4418 emergency release capacity under Subsection (3), the department shall:
4419 (a) notify the Board of Pardons and Parole of the number of [
4420 individuals who need to be released in order to return the prison [
4421 individual population to operational capacity; and
4422 (b) in cooperation and consultation with the Board of Pardons and Parole, compile a
4423 list of [
4424 prison [
4425 (5) After 45 consecutive days of emergency release capacity, the Board of Pardons and
4426 Parole may order the release of a sufficient number of [
4427 identified under Subsection (4) to return the prison [
4428 to operational capacity.
4429 (6) The department shall inform the governor and the legislative leadership when the
4430 emergency release has been completed.
4431 (7) The Board of Pardons and Parole shall make rules in accordance with Title 63G,
4432 Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of this section.
4433 Section 72. Section 64-13-39.4 is enacted to read:
4434 64-13-39.4. Supervision of emergency medical provider in a correctional facility.
4435 (1) As used in this section:
4436 (a) "Emergency medical service personnel" means an individual licensed under Section
4437 26-8a-302.
4438 (b) "Registered nurse" means a registered nurse licensed under Title 58, Chapter 31b,
4439 Nurse Practice Act.
4440 (2) If emergency medical service personnel provide medical services to an incarcerated
4441 individual, the department shall ensure that a registered nurse supervises the emergency
4442 medical service personnel.
4443 (3) A registered nurse providing supervision under Subsection (2) shall:
4444 (a) provide written or verbal instructions to the emergency medical service personnel
4445 before the emergency medical service personnel perform employment responsibilities; and
4446 (b) be available at the correctional facility where the emergency medical service
4447 personnel provides medical services.
4448 Section 73. Section 64-13-39.5 is amended to read:
4449 64-13-39.5. Definitions -- Health care for chronically or terminally ill offenders --
4450 Notice to health care facility.
4451 (1) As used in this section:
4452 (a) "Department or agency" means the Utah Department of Corrections or a department
4453 of corrections or government entity responsible for placing an offender in a facility located in
4454 Utah.
4455 (b) "Chronically ill" has the same meaning as in Section 31A-36-102.
4456 (c) "Facility" means an assisted living facility as defined in Subsection 26-21-2(5) and
4457 a nursing care facility as defined in Subsection 26-21-2(17), except that transitional care units
4458 and other long term care beds owned or operated on the premises of acute care hospitals or
4459 critical care hospitals are not facilities for the purpose of this section.
4460 (d) "Offender" means an [
4461 agency has given an early release, pardon, or parole due to a chronic or terminal illness.
4462 (e) "Terminally ill" has the same meaning as in Section 31A-36-102.
4463 (2) If an offender from Utah or any other state is admitted as a resident of a facility due
4464 to the chronic or terminal illness, the department or agency placing the offender shall:
4465 (a) provide written notice to the administrator of the facility no later than 15 days prior
4466 to the offender's admission as a resident of a facility, stating:
4467 (i) the offense for which the offender was convicted and a description of the actual
4468 offense;
4469 (ii) the offender's status with the department or agency;
4470 (iii) that the information provided by the department or agency regarding the offender
4471 shall be provided to employees of the facility no later than 10 days prior to the offender's
4472 admission to the facility; and
4473 (iv) the contact information for:
4474 (A) the offender's parole officer and also a point of contact within the department or
4475 agency, if the offender is on parole; and
4476 (B) a point of contact within the department or agency, if the offender is not under
4477 parole supervision but was given an early release or pardon due to a chronic or terminal illness;
4478 (b) make available to the public on the Utah Department of Corrections' website and
4479 upon request:
4480 (i) the name and address of the facility where the offender resides; and
4481 (ii) the date the offender was placed at the facility; and
4482 (c) provide a training program for employees who work in a facility where offenders
4483 reside, and if the offender is placed at the facility by:
4484 (i) the Utah Department of Corrections, the department shall provide the training
4485 program for the employees; and
4486 (ii) by a department or agency from another state, that state's department or agency
4487 shall arrange with the Utah Department of Corrections to provide the training required by this
4488 Subsection (2), if training has not already been provided by the Utah Department of
4489 Corrections, and shall provide to the Utah Department of Corrections any necessary
4490 compensation for this service.
4491 (3) The administrator of the facility shall:
4492 (a) provide residents of the facility or their guardians notice that a convicted felon is
4493 being admitted to the facility no later than 10 days prior to the offender's admission to the
4494 facility;
4495 (b) advise potential residents or their guardians of persons under Subsection (2) who
4496 are current residents of the facility; and
4497 (c) provide training, offered by the Utah Department of Corrections, in the safe
4498 management of offenders for all employees.
4499 (4) The Utah Department of Corrections shall make rules under Title 63G, Chapter 3,
4500 Utah Administrative Rulemaking Act, establishing:
4501 (a) a consistent format and procedure for providing notification to facilities and
4502 information to the public in compliance with Subsection (2); and
4503 (b) a training program, in compliance with Subsection (3) for employees, who work at
4504 facilities where offenders reside to ensure the safety of facility residents and employees.
4505 Section 74. Section 64-13-40 is amended to read:
4506 64-13-40. Worship for native American incarcerated individual.
4507 (1) As used in this section:
4508 (a) "Items used in religious ceremonies" includes cedar, corn husks, corn pollen, corn
4509 meal, eagle and other feathers, sage, sweet grass, tobacco, pipes, willow, drums, gourds, lava
4510 rock, medicine bundles, bags or pouches, staffs, and other traditional items and materials.
4511 (b) "Native American" means an individual who is eligible for membership in a tribe
4512 recognized by the federal government.
4513 (c) "Native American religion" means a religion or religious belief that is practiced by
4514 a native American, the origin and interpretation of which is from a traditional native American
4515 culture or community.
4516 (d) "Native American spiritual advisor" means a person who leads, instructs, or
4517 facilitates a native American religious ceremony or service, or provides religious counseling,
4518 and includes a sweat lodge leader, medicine person, traditional religious practitioner, or holy
4519 man or woman.
4520 (e) "Site of worship" means a site indoors or outdoors where a person can pray or
4521 meditate, or where a sweat lodge ceremony, talking circle, or individual prayer can be made.
4522 (2) (a) At the request of any native American [
4523 correctional facility shall reasonably accommodate the practice of the native American
4524 [
4525 correctional facility, unless the [
4526 [
4527 incarcerated individual would threaten the reasonable security of the state correctional facility.
4528 (b) In accommodating a native American religion, the state correctional facility shall:
4529 (i) permit access on a regular basis to:
4530 (A) a native American spiritual advisor; and
4531 (B) a site of worship on the grounds of the correctional facility, unless the [
4532 incarcerated individual is a maximum security [
4533 access would threaten the reasonable security of the state correctional facility;
4534 (ii) permit access to items used in religious ceremonies during the religious
4535 ceremonies; and
4536 (iii) provide a secure place at the site of worship to store the items used in religious
4537 ceremonies.
4538 (3) Notwithstanding Subsection (2)(b)(iii), the state correctional facility is not required
4539 to provide to the [
4540 (4) A native American spiritual advisor shall have any privilege of access to [
4541 incarcerated individuals and sites of worship provided to an individual functioning as a
4542 religious leader or advisor at a state correctional facility.
4543 (5) An [
4544 of this section shall bear the burden of establishing to the state correctional facility that the
4545 [
4546 (6) The department may not require a native American [
4547 to cut the [
4548 individual's traditional native American religious beliefs.
4549 (7) A state correctional facility is required to comply with this section only to the
4550 extent that it does not threaten the reasonable security of the state correctional facility.
4551 (8) This section may not be construed as requiring a state correctional facility to permit
4552 access to peyote by a native American [
4553 Section 75. Section 64-13-42 is amended to read:
4554 64-13-42. Prison Telephone Surcharge Account -- Funding incarcerated
4555 individual and offender education and training programs.
4556 (1) (a) There is created within the General Fund a restricted account known as the
4557 Prison Telephone Surcharge Account.
4558 (b) The Prison Telephone Surcharge Account consists of:
4559 (i) beginning July 1, 2006, revenue generated by the state from pay telephone services
4560 located at any correctional facility as defined in Section 64-13-1;
4561 (ii) interest on account money;
4562 (iii) (A) money paid by [
4563 postsecondary education provided by the department; and
4564 (B) money repaid by former [
4565 agreement with the department to pay for a specified portion of the tuition costs under the
4566 department's deferred tuition payment program;
4567 (iv) money collected by the Office of State Debt Collection for debt described in
4568 Subsection (1)(b)(iii); and
4569 (v) money appropriated by the Legislature.
4570 (2) Upon appropriation by the Legislature, money from the Prison Telephone
4571 Surcharge Account shall be used by the department for education and training programs for
4572 offenders and [
4573 Section 76. Section 64-13-43 is amended to read:
4574 64-13-43. Use of state vehicles by department personnel.
4575 The department executive director may authorize the use of a state vehicle for official
4576 and commute purposes for a department employee who:
4577 (1) supervises probationers or parolees; or
4578 (2) investigates the criminal activity of [
4579 probationers, or parolees.
4580 Section 77. Section 64-13-44 is amended to read:
4581 64-13-44. Posthumous organ donations by incarcerated individuals.
4582 (1) As used in this section:
4583 (a) "Document of gift" has the same meaning as in Section 26-28-102.
4584 (b) "Sign" has the same meaning as in Section 26-28-102.
4585 (2) (a) The Utah Department of Corrections shall make available to each [
4586 incarcerated individual a document of gift form that allows an [
4587 to indicate the [
4588 [
4589 (b) If the [
4590 death, the [
4591 with the requirements of Title 26, Chapter 28, Revised Uniform Anatomical Gift Act.
4592 (c) The department shall maintain a record of the document of gift that an [
4593 incarcerated individual provides to the department.
4594 (3) Notwithstanding Title 63G, Chapter 2, Government Records Access and
4595 Management Act, the department may, upon request, release to an organ procurement
4596 organization, as defined in Section 26-28-102, the names and addresses of all [
4597 incarcerated individuals who complete and sign the document of gift form indicating they
4598 intend to make an anatomical gift.
4599 (4) The making of an anatomical gift by an [
4600 section shall comply with Title 26, Chapter 28, Revised Uniform Anatomical Gift Act.
4601 (5) Notwithstanding anything in this section, the department shall not be considered to
4602 be an [
4603 Revised Uniform Anatomical Gift Act.
4604 Section 78. Section 64-13-45 is amended to read:
4605 64-13-45. Department reporting requirements.
4606 (1) As used in this section:
4607 (a) (i) "In-custody death" means [
4608 occurs while the [
4609 (ii) "In-custody death" includes [
4610 occurs while the [
4611 (A) being transported for medical care; or
4612 (B) receiving medical care outside of a correctional facility, other than a county jail.
4613 (b) [
4614 booked into custody or housed in the department or a correctional facility other than a county
4615 jail.
4616 (c) "Opiate" means the same as that term is defined in Section 58-37-2.
4617 (2) The department shall submit a report to the Commission on Criminal and Juvenile
4618 Justice, created in Section 63M-7-201, before June 15 of each year that includes:
4619 (a) the number of in-custody deaths that occurred during the preceding calendar year,
4620 including:
4621 (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of
4622 each of the in-custody deaths described in Subsection (2)(a); and
4623 (ii) the department's policy for notifying an [
4624 kin after the [
4625 (b) the department policies, procedures, and protocols:
4626 (i) for treatment of an [
4627 alcohol or substance use, including use of opiates;
4628 (ii) that relate to the department's provision, or lack of provision, of medications used
4629 to treat, mitigate, or address an [
4630 including methadone and all forms of buprenorphine and naltrexone; and
4631 (iii) that relate to screening, assessment, and treatment of an [
4632 individual for a substance use disorder or mental health disorder;
4633 (c) the number of [
4634 restrained in accordance with Section 64-13-46, including:
4635 (i) the types of restraints used; and
4636 (ii) whether the use of restraints was to prevent escape or to ensure the safety of the
4637 [
4638 (d) any report the department provides or is required to provide under federal law or
4639 regulation relating to [
4640 (3) The Commission on Criminal and Juvenile Justice shall:
4641 (a) compile the information from the reports described in Subsection (2);
4642 (b) omit or redact any identifying information of an [
4643 the compilation to the extent omission or redaction is necessary to comply with state and
4644 federal law; and
4645 (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
4646 Committee and the Utah Substance Use and Mental Health Advisory Council before November
4647 1 of each year.
4648 (4) The Commission on Criminal and Juvenile Justice may not provide access to or use
4649 the department's policies, procedures, or protocols submitted under this section in a manner or
4650 for a purpose not described in this section.
4651 Section 79. Section 64-13-46 is amended to read:
4652 64-13-46. Pregnant incarcerated individuals.
4653 (1) (a) If the staff of a correctional facility knows or has reason to believe that an
4654 [
4655 incarcerated individual, shall use the least restrictive restraints necessary to ensure the safety
4656 and security of the [
4657 (b) This requirement shall continue during postpartum recovery and any transport to or
4658 from a correctional facility.
4659 (2) The staff of a correctional facility may not use restraints on an [
4660 individual during labor and childbirth unless a correctional staff member makes an
4661 individualized determination that there are compelling grounds to believe that the [
4662 incarcerated individual presents:
4663 (a) an immediate and serious risk of harm to herself, medical staff, correctional staff, or
4664 the public; or
4665 (b) a substantial risk of escape that cannot reasonably be reduced by the use of other
4666 existing means.
4667 (3) Notwithstanding Subsection (1) or (2), under no circumstances may shackles, leg
4668 restraints, or waist restraints be used on an [
4669 childbirth or postpartum recovery while in a medical facility.
4670 (4) Correctional staff present during labor or childbirth shall:
4671 (a) be stationed in a location that offers the maximum privacy to the [
4672 incarcerated individual, while taking into consideration safety and security concerns; and
4673 (b) be female, if practicable.
4674 (5) If restraints are authorized under Subsection (1) or (2), a written record of the
4675 decision and use of the restraints shall be made that includes:
4676 (a) the correctional staff member's determination on the use of restraints;
4677 (b) the circumstances that necessitated the use of restraints;
4678 (c) the type of restraints that were used; and
4679 (d) the length of time the restraints were used.
4680 (6) The record created in Subsection (5):
4681 (a) shall be retained by the correctional facility for five years;
4682 (b) shall be available for public inspection with individually identifying information
4683 redacted; and
4684 (c) may not be considered a medical record under state or federal law.
4685 (7) As used in this section:
4686 (a) "Postpartum recovery" means, as determined by her physician, the period
4687 immediately following delivery, including the entire period a woman is in the hospital or
4688 medical facility after birth.
4689 (b) "Restraints" means any physical restraint or mechanical device used to control the
4690 movement of an [
4691 restraints, shackles, or a convex shield.
4692 (c) "Shackles" means metal or iron restraints and includes hard metal handcuffs, leg
4693 irons, belly chains, or a security or tether chain.
4694 Section 80. Section 64-13-47 is amended to read:
4695 64-13-47. Prison Sexual Assault Prevention Program.
4696 (1) The department shall, in accordance with Title 63G, Chapter 3, Utah
4697 Administrative Rulemaking Act, make rules establishing policies and procedures regarding
4698 sexual assaults that occur in correctional facilities.
4699 (2) The rules described in Subsection (1) shall:
4700 (a) require education and training, including:
4701 (i) providing to [
4702 department-approved, easy-to-understand information developed by the department on sexual
4703 assault prevention, treatment, reporting, and counseling in consultation with community groups
4704 with expertise in sexual assault prevention, treatment, reporting, and counseling; and
4705 (ii) providing sexual-assault-specific training to department mental health professionals
4706 and all employees who have direct contact with [
4707 treatment and methods of prevention and investigation;
4708 (b) require reporting of sexual assault, including:
4709 (i) ensuring the confidentiality of [
4710 complaints and the protection of [
4711 sexual assault; and
4712 (ii) prohibiting retaliation and disincentives for reporting sexual assault;
4713 (c) require safety and care for victims, including:
4714 (i) providing, in situations in which there is reason to believe that a sexual assault has
4715 occurred, reasonable and appropriate measures to ensure the victim's safety by separating the
4716 victim from the assailant, if known;
4717 (ii) providing acute trauma care for sexual assault victims, including treatment of
4718 injuries, HIV prophylaxis measures, and testing for sexually transmitted infections;
4719 (iii) providing confidential mental health counseling for victims of sexual assault,
4720 including access to outside community groups or victim advocates that have expertise in sexual
4721 assault counseling, and enable confidential communication between [
4722 individuals and those organizations and advocates; and
4723 (iv) monitoring victims of sexual assault for suicidal impulses, post-traumatic stress
4724 disorder, depression, and other mental health consequences resulting from the sexual assault;
4725 (d) require investigations and staff discipline, including:
4726 (i) requiring all employees to report any knowledge, suspicion, or information
4727 regarding an incident of sexual assault to the executive director or designee, and require
4728 disciplinary action for employees who fail to report as required;
4729 (ii) requiring investigations described in Subsection (3);
4730 (iii) requiring corrections investigators to submit all completed sexual assault
4731 allegations to the executive director or the executive director's designee, who must then submit
4732 any substantiated findings that may constitute a crime under state law to the district attorney
4733 with jurisdiction over the facility in which the alleged sexual assault occurred; and
4734 (iv) requiring employees to be subject to disciplinary sanctions up to and including
4735 termination for violating agency sexual assault policies, with termination the presumptive
4736 disciplinary sanction for employees who have engaged in sexual assault, consistent with
4737 constitutional due process protections and state personnel laws and rules; and
4738 (e) require data collection and reporting, including as provided in Subsection (4).
4739 (3) (a) An investigator trained in the investigation of sex crimes shall conduct the
4740 investigation of a sexual assault involving an [
4741 (b) The investigation shall include:
4742 (i) using a forensic rape kit, if appropriate;
4743 (ii) questioning suspects and witnesses; and
4744 (iii) gathering and preserving relevant evidence.
4745 (4) The department shall:
4746 (a) collect and report data regarding all allegations of sexual assault from each
4747 correctional facility in accordance with the federal Prison Rape Elimination Act of 2003, Pub.
4748 L 108-79, as amended; and
4749 (b) annually report the data described in Subsection (4)(a) to the Law Enforcement and
4750 Criminal Justice Interim Committee.
4751 Section 81. Section 64-13-48 is amended to read:
4752 64-13-48. Educational and career-readiness programs.
4753 (1) The department shall, in accordance with Subsection 64-13-6(1)(c), ensure that
4754 appropriate evidence-based and evidence-informed educational or career-readiness programs
4755 are made available to an [
4756 creation of the [
4757 (2) The department shall provide incarcerated women with substantially equivalent
4758 educational and career-readiness opportunities as incarcerated men.
4759 (3) Before an [
4760 career-readiness program, the department shall provide reasonable access to resources
4761 necessary for an [
4762 aid that may be available to pay for the [
4763 (4) (a) The department shall consider an [
4764 participation in an educational or career-readiness program when the department makes a
4765 decision with regard to an [
4766 (i) transfer to another area or facility; or
4767 (ii) appropriate disciplinary sanction.
4768 (b) When possible, the department shall use best efforts to allow an [
4769 incarcerated individual to continue the [
4770 educational or career-readiness program while the facility is under lockdown, quarantine, or a
4771 similar status.
4772 (5) (a) The department shall maintain records on an [
4773 educational progress, including completed life skills, certifications, and credit- and
4774 non-credit-bearing courses, made while the [
4775 (b) The department shall facilitate the transfer of information related to the [
4776 incarcerated individual's educational process upon the [
4777 release, including the [
4778 the records described in Subsection (5)(a), to:
4779 (i) the [
4780 (ii) an entity that the [
4781 [
4782 institution:
4783 (A) from which the [
4784 while the [
4785 (B) at which the [
4786 incarcerated individual's post-incarceration education.
4787 (6) Beginning May 1, 2023, the department shall provide an annual report to the
4788 Higher Education Appropriations Subcommittee regarding educational and career-readiness
4789 programs for [
4790 (a) the number of [
4791 educational or career-readiness program, including an accredited postsecondary education
4792 program;
4793 (b) the percentage of [
4794 educational or career-readiness program as compared to the total [
4795 individual population;
4796 (c) [
4797 the number of completions and graduations in each educational or career-readiness program;
4798 (d) the potential effect of educational or career-readiness programs on recidivism, as
4799 determined by a comparison of:
4800 (i) the total number of [
4801 after a previous incarceration; and
4802 (ii) the number of [
4803 previous incarceration who participated in or completed an educational or career-readiness
4804 program;
4805 (e) the number of [
4806 facility while currently participating in an educational or career-readiness program, including
4807 the number of [
4808 a transfer to a different facility; and
4809 (f) the department's:
4810 (i) recommendation for resources that may increase [
4811 access to and participation in an educational or career-readiness program; and
4812 (ii) estimate of how many additional [
4813 participate in an educational or career-readiness program if the resources were provided.
4814 (7) The department may make rules in accordance with Section 64-13-10 and Title
4815 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of this
4816 section.
4817 Section 82. Section 64-13-49 is enacted to read:
4818 64-13-49. Incarcerated individual medical notification.
4819 (1)
4820 As used in this section, "health care facility" means the same as that term is defined in Section
4821 26-21-2.
4822 (2) Upon intake of an incarcerated individual, a correctional facility shall provide the
4823 incarcerated individual with a form that allows the incarcerated individual to designate a
4824 contact to whom the correctional facility may release the incarcerated individual's medical
4825 information in compliance with applicable federal law and Title 63G, Chapter 2, Government
4826 Records Access and Management Act.
4827 (3) A correctional facility shall, without compromising an investigation:
4828 (a) attempt to notify an incarcerated individual's designated contact that the
4829 incarcerated individual sustained a serious injury or contracted a serious illness within five
4830 days after:
4831 (i) the day on which the incarcerated individual sustains the serious injury or contracts
4832 the serious illness; or
4833 (ii) if the incarcerated individual is transferred to a health care facility as a result of the
4834 serious injury or serious illness, the day on which the incarcerated individual is released from
4835 the health care facility;
4836 (b) attempt to notify the designated contact within 24 hours after the death of the
4837 incarcerated individual and include the manner of death in the notification, if known; or
4838 (c) attempt to notify the designated contact if the incarcerated individual's physician
4839 determines notification is necessary because the incarcerated individual has a medical
4840 condition that:
4841 (i) renders the incarcerated individual incapable of making health care decisions; or
4842 (ii) may result in the incarcerated individual reaching end-of-life.
4843 (4) The notification described in Subsection (3)(a) shall, without compromising an
4844 investigation, describe:
4845 (a) the serious injury or serious illness;
4846 (b) the extent of the serious injury or serious illness;
4847 (c) the medical treatment plan; and
4848 (d) if applicable, the medical treatment recovery plan.
4849 (5) The department shall create a policy that a staff member provide the notification
4850 described in Subsection (3) in a compassionate and professional manner.
4851 Section 83. Section 64-13d-103 is amended to read:
4852 64-13d-103. Private contracts.
4853 (1) The department may contract with a contractor to finance, acquire, construct, lease,
4854 or provide full or partial correctional services.
4855 (2) Before entering into a contract, the department shall:
4856 (a) hold a public hearing within the county or municipality where the facility is to be
4857 sited for the purpose of obtaining public comment;
4858 (b) give consideration to the input received at the public hearing when making
4859 decisions regarding the awarding of a contract and the contract process; and
4860 (c) have received written notification from the legislative body of the municipality or
4861 county where the proposed facility is to be sited, stating that the legislative body has agreed to
4862 the establishment of the facility within its boundaries.
4863 (3) Before entering into a contract, the department shall require that the contractor
4864 proposing to provide the services demonstrate that it has:
4865 (a) management personnel with the qualifications and experience necessary to carry out
4866 the terms of the contract;
4867 (b) sufficient financial resources to:
4868 (i) complete and operate the facility;
4869 (ii) provide indemnification for liability arising from the operation of the facility; and
4870 (iii) provide reimbursement as required under Section 64-13d-105;
4871 (c) the ability and resources to meet applicable court orders, correctional standards as
4872 defined by the department, and constitutional requirements; and
4873 (d) liability insurance adequate to protect the state, the political subdivision where the
4874 facility is located, and the officers and employees of the facility from all claims and losses
4875 incurred as a result of action or inaction by the contractor or its employees.
4876 (4) A contract awarded for the operation of a facility shall be consistent with
4877 commonly accepted correctional practices as defined by the department and shall include:
4878 (a) adequate internal and perimeter security to protect the public, employees, and
4879 [
4880 (b) work, training, educational, and treatment programs for [
4881 individuals;
4882 (c) a minimum correctional officer to [
4883 (d) imposition of [
4884 applicable state law and department policy; and
4885 (e) adequate food, clothing, housing, and medical care for [
4886 individuals.
4887 Section 84. Section 64-13d-104 is amended to read:
4888 64-13d-104. Use of force -- Private prison employees.
4889 (1) Employees of a facility contractor may use reasonable force to the extent allowed
4890 by state law. The use of force, power, and authority shall be limited to:
4891 (a) the grounds of a facility operated in whole or in part by their employer;
4892 (b) when transporting [
4893 (c) when pursuing escapees from the facility.
4894 (2) Training standards for employees of a contractor shall be in accordance with the
4895 standards in Section 64-13-24.
4896 (3) Subsection (2) does not confer peace officer status on the contractor or its
4897 employees.
4898 Section 85. Section 64-13d-105 is amended to read:
4899 64-13d-105. Restricted powers and duties of contractors.
4900 (1) A contract for correctional services may not authorize a contractor to perform the
4901 following:
4902 (a) calculate or establish [
4903 dates;
4904 (b) grant, deny, or revoke sentence credit;
4905 (c) approve [
4906 (d) approve the types of work [
4907 (2) A contractor shall reimburse amounts incurred by local and state agencies for
4908 providing assistance with riots, escapes, transportation, medical services, and legal services
4909 regarding the operation of the facility.
4910 (3) A contractor shall have in place a written plan approved by the department
4911 regarding the reporting and management of escapes, riots, and other emergency situations.
4912 Section 86. Section 64-13d-106 is amended to read:
4913 64-13d-106. Monitoring contracts.
4914 (1) The executive director or his designee shall monitor the performance of all facilities
4915 incarcerating [
4916 (2) The executive director or his designee shall have unlimited access to all facilities,
4917 records, and staff for monitoring purposes.
4918 (3) The executive director may appoint a monitor to inspect a facility. The monitor
4919 shall have unlimited access to all facilities, records, and staff for monitoring purposes.
4920 (4) The department shall be reimbursed by the entity operating the facility for that
4921 portion of the salary and expenses of the monitor attributable to monitoring the particular
4922 facility.
4923 (5) Monitoring consists of ensuring that:
4924 (a) all state laws, department rules, and contractual obligations applicable to the facility
4925 are being met; and
4926 (b) all operations are effective, efficient, and economical.
4927 Section 87. Section 64-13d-107 is amended to read:
4928 64-13d-107. Facility construction -- Housing out-of-state incarcerated
4929 individuals.
4930 (1) A contractor may not expand its original housing capacity without the approval of
4931 the:
4932 (a) Legislature; and
4933 (b) county or municipal legislative body within whose jurisdiction the facility is
4934 located.
4935 (2) A contractor may not incarcerate out-of-state [
4936 facility operated in the state, except in accordance with any interstate compact of which Utah is
4937 a party.
4938 Section 88. Section 64-13e-102 is amended to read:
4939 64-13e-102. Definitions.
4940 As used in this chapter:
4941 (1) "Actual county daily incarceration rate" means the median amount of jail daily
4942 incarceration costs based on the data submitted by counties in accordance with Section
4943 64-13e-104(6)(b).
4944 (2) "Actual state daily incarceration rate" means the average daily incarceration rate,
4945 calculated by the department based on the previous three fiscal years, that reflects the following
4946 expenses incurred by the department for housing an [
4947 (a) executive overhead;
4948 (b) administrative overhead;
4949 (c) transportation overhead;
4950 (d) division overhead; and
4951 (e) motor pool expenses.
4952 (3) "Alternative treatment" means:
4953 (a) evidence-based cognitive behavioral therapy; or
4954 (b) a certificate-based program provided by:
4955 (i) an institution of higher education described in Subsection 53B-1-102(1)(b); or
4956 (ii) a degree-granting institution acting in the degree-granting institution's technical
4957 education role described in Section 53B-2a-201.
4958 (4) "Annual [
4959 probationary [
4960 preceding fiscal year.
4961 (5) "CCJJ" means the Utah Commission on Criminal and Juvenile Justice, created in
4962 Section 63M-7-201.
4963 (6) "Department" means the Department of Corrections.
4964 (7) "Division of Finance" means the Division of Finance, created in Section
4965 63A-3-101.
4966 (8) "Final county daily incarceration rate" means the amount equal to:
4967 (a) the amount appropriated by the Legislature for the purpose of making payments to
4968 counties under Section 64-13e-104; divided by
4969 (b) the average annual [
4970 fiscal years.
4971 (9) "Jail daily incarceration costs" means the following daily costs incurred by a county
4972 jail for housing a state probationary [
4973 department:
4974 (a) executive overhead;
4975 (b) administrative overhead;
4976 (c) transportation overhead;
4977 (d) division overhead; and
4978 (e) motor pool expenses.
4979 (10) "State [
4980 probationary [
4981 who is committed to the custody of the department.
4982 (11) "State parole [
4983 (a) on parole, as defined in Section 77-27-1; and
4984 (b) housed in a county jail for a reason related to the individual's parole.
4985 (12) "State probationary [
4986 sentenced to time in a county jail under Subsection 77-18-105(6).
4987 (13) "Treatment program" means:
4988 (a) an alcohol treatment program;
4989 (b) a substance abuse treatment program;
4990 (c) a sex offender treatment program; or
4991 (d) an alternative treatment program.
4992 Section 89. Section 64-13e-103 is amended to read:
4993 64-13e-103. Contracts for housing state incarcerated individuals.
4994 (1) Subject to Subsection (6), the department may contract with a county to house state
4995 [
4996 (2) The department shall give preference for placement of state [
4997 individuals, over private entities, to county correctional facility bed spaces for which the
4998 department has contracted under Subsection (1).
4999 (3) (a) The compensation rate for housing state [
5000 pursuant to a contract described in Subsection (1) shall be:
5001 (i) except as provided in Subsection (3)(a)(ii), 83.19% of the actual state daily
5002 incarceration rate for beds in a county that, pursuant to the contract, are dedicated to a
5003 treatment program for state [
5004 approved by the department under Subsection (3)(c);
5005 (ii) 74.18% of the actual state daily incarceration rate for beds in a county that,
5006 pursuant to the contract, are dedicated to an alternative treatment program for state [
5007 incarcerated individuals, if the alternative treatment program is approved by the department
5008 under Subsection (3)(c); and
5009 (iii) 66.23% of the actual state daily incarceration rate for beds in a county other than
5010 the beds described in Subsections (3)(a)(i) and (ii).
5011 (b) The department shall:
5012 (i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
5013 Rulemaking Act, that establish standards that a treatment program is required to meet before
5014 the treatment program is considered for approval for the purpose of a county receiving payment
5015 based on the rate described in Subsection (3)(a)(i) or (ii); and
5016 (ii) determine on an annual basis, based on appropriations made by the Legislature for
5017 the contracts described in this section, whether to approve a treatment program that meets the
5018 standards established under Subsection (3)(b)(i), for the purpose of a county receiving payment
5019 based on the rate described in Subsection (3)(a)(i) or (ii).
5020 (c) The department may not approve a treatment program for the purpose of a county
5021 receiving payment based on the rate described in Subsection (3)(a)(i) or (ii), unless:
5022 (i) the program meets the standards established under Subsection (3)(b)(i);
5023 (ii) the department determines that the Legislature has appropriated sufficient funds to:
5024 (A) pay the county that provides the treatment program at the rate described in
5025 Subsection (3)(a)(i) or (ii); and
5026 (B) pay each county that does not provide a treatment program an amount per state
5027 [
5028 individual received for the preceding fiscal year by a county that did not provide a treatment
5029 program; and
5030 (iii) the department determines that the treatment program is needed by the department
5031 at the location where the treatment program will be provided.
5032 (4) Compensation to a county for state [
5033 under this section shall be made by the department.
5034 (5) Counties that contract with the department under Subsection (1) shall, on or before
5035 June 30 of each year, submit a report to the department that includes:
5036 (a) the number of state [
5037 section; and
5038 (b) the total number of state [
5039 were provided by the county.
5040 (6) Except as provided under Subsection (7), the department may not enter into a
5041 contract described under Subsection (1), unless:
5042 (a) beginning July 1, 2023, the county jail within the county is in compliance with the
5043 reporting requirements described in Subsection 17-22-32(2); and
5044 (b) the Legislature has previously passed a joint resolution that includes the following
5045 information regarding the proposed contract:
5046 (i) the approximate number of beds to be contracted;
5047 (ii) the daily rate at which the county is paid to house a state [
5048 individual;
5049 (iii) the approximate amount of the county's long-term debt; and
5050 (iv) the repayment time of the debt for the facility where the [
5051 individuals are to be housed.
5052 (7) The department may enter into a contract with a county government to house
5053 [
5054 Subsection (6) only if the county facility was under construction, or already in existence, on
5055 March 16, 2001.
5056 (8) Any resolution passed by the Legislature under Subsection (6) does not bind or
5057 obligate the Legislature or the department regarding the proposed contract.
5058 Section 90. Section 64-13e-103.2 is amended to read:
5059 64-13e-103.2. State daily incarceration rate -- Limits -- Payments to jails.
5060 (1) Notwithstanding Sections 64-13e-103 and 64-13e-103.1, the actual state daily
5061 incarceration rate shall be $85.27. This rate shall apply to [
5062 under Section 64-13e-103 and probationary and parole [
5063 Section 64-13e-104.
5064 (2) Notwithstanding Subsection 64-13e-103(3)(a), the number of jail beds contracted
5065 for shall be 1450 at the base rate of 71.57%, with the exception of:
5066 (a) the beds set aside for Subsection 64-13e-103(3)(a)(i) which shall be 434 beds and
5067 shall be reimbursed at 88.53% of the actual state daily incarceration rate; and
5068 (b) the beds set aside for Subsection 64-13e-103(3)(a)(ii) which shall be 235 beds and
5069 shall be reimbursed at 79.52% of the actual state daily incarceration rate.
5070 (3) Notwithstanding Subsection 64-13e-104(9), the five year average state probationary
5071 or parole [
5072 (4) Notwithstanding Subsection 64-13e-104(2), within funds appropriated by the
5073 Legislature for this purpose, the Division of Finance shall pay a county that houses a state
5074 probationary [
5075 at a rate of 50% of the actual state daily incarceration rate.
5076 (5) Expenditures for Section 64-13e-103 shall be $35,173,900 annually.
5077 (6) Expenditures for Section 64-13e-104 shall be $12,790,700 annually.
5078 Section 91. Section 64-13e-104 is amended to read:
5079 64-13e-104. Housing of state probationary incarcerated individuals or state
5080 parole incarcerated individuals -- Payments.
5081 (1) (a) A county shall accept and house a state probationary [
5082 individual or a state parole [
5083 subject to available resources.
5084 (b) A county may release a number of [
5085 correctional facility, but not to exceed the number of state probationary [
5086 individuals in excess of the number of [
5087 appropriation authorized in Subsection (2) if:
5088 (i) the state does not fully comply with the provisions of Subsection (9) for the most
5089 current fiscal year; or
5090 (ii) funds appropriated by the Legislature for this purpose are less than 50% of the
5091 actual county daily incarceration rate.
5092 (2) Within funds appropriated by the Legislature for this purpose, the Division of
5093 Finance shall pay a county that houses a state probationary [
5094 a state parole [
5095 incarceration rate.
5096 (3) Funds appropriated by the Legislature under Subsection (2):
5097 (a) are nonlapsing;
5098 (b) may only be used for the purposes described in Subsection (2) and Subsection (10);
5099 and
5100 (c) may not be used for:
5101 (i) the costs of administering the payment described in this section; or
5102 (ii) payment of contract costs under Section 64-13e-103.
5103 (4) The costs described in Subsection (3)(c)(i) shall be covered by legislative
5104 appropriation.
5105 (5) (a) The Division of Finance shall administer the payment described in Subsection
5106 (2) and Subsection (10).
5107 (b) In accordance with Subsection (9), CCJJ shall, by rule made pursuant to Title 63G,
5108 Chapter 3, Utah Administrative Rulemaking Act, establish procedures for collecting data from
5109 counties for the purpose of completing the calculations described in this section.
5110 (c) Notwithstanding any other provision of this section, CCJJ shall adjust the amount
5111 of the payments described in Subsection (7)(b), on a pro rata basis, to ensure that the total
5112 amount of the payments made does not exceed the amount appropriated by the Legislature for
5113 the payments.
5114 (6) Each county that receives the payment described in Subsection (2) and Subsection
5115 (10) shall:
5116 (a) on at least a monthly basis, submit a report to CCJJ that includes:
5117 (i) the number of state probationary [
5118 [
5119 (ii) the total number of state probationary [
5120 incarceration and state parole [
5121 provided by the county;
5122 (iii) the total number of offenders housed pursuant to Subsection 64-13-21(2)(b); and
5123 (iv) the total number of days of incarceration of offenders housed pursuant to
5124 Subsection 64-13-21(2)(b); and
5125 (b) before September 15 of every third year beginning in 2022, calculate and inform
5126 CCJJ of the county's jail daily incarceration costs for the preceding fiscal year.
5127 (7) (a) On or before September 30 of each year, CCJJ shall:
5128 (i) compile the information from the reports described in Subsection (6)(a) that relate
5129 to the preceding state fiscal year and provide a copy of the compilation to each county that
5130 submitted a report; and
5131 (ii) calculate:
5132 (A) the actual county incarceration rate, based on the most recent year that data was
5133 reported in accordance with Subsection (6)(b); and
5134 (B) the final county incarceration rate.
5135 (b) On or before October 15 of each year, CCJJ shall inform the Division of Finance
5136 and each county of:
5137 (i) the actual county incarceration rate;
5138 (ii) the final county incarceration rate; and
5139 (iii) the exact amount of the payment described in this section that shall be made to
5140 each county.
5141 (8) On or before December 15 of each year, the Division of Finance shall distribute the
5142 payment described in Subsection (7)(b) in a single payment to each county.
5143 (9) (a) The amount paid to each county under Subsection (8) shall be calculated on a
5144 pro rata basis, based on the average number of state probationary [
5145 individual days of incarceration and the average state parole [
5146 days of incarceration that were provided by each county for the preceding five state fiscal
5147 years; and
5148 (b) if funds are available, the total number of days of incarceration of offenders housed
5149 pursuant to Subsection 64-13-21(2)(b).
5150 (10) If funds appropriated under Subsection (2) remain after payments are made
5151 pursuant to Subsection (8), the Division of Finance shall pay a county that houses in its jail a
5152 person convicted of a felony who is on probation or parole and who is incarcerated pursuant to
5153 Subsection 64-13-21(2)(b) on a pro rata basis not to exceed 50% of the actual county daily
5154 incarceration rate.
5155 Section 92. Section 64-13e-105 is amended to read:
5156 64-13e-105. Subcommittee on Jail Contracting and Reimbursement -- Purpose --
5157 Responsibilities -- Membership.
5158 (1) There is created within the Commission on Criminal and Juvenile Justice, the
5159 Subcommittee on Jail Contracting and Reimbursement consisting of the individuals listed in
5160 Subsection (3).
5161 (2) The subcommittee shall meet at least quarterly to review, discuss, and make
5162 recommendations for:
5163 (a) the state daily incarceration rate, described in Section 64-13e-103.1;
5164 (b) the county daily incarceration rate;
5165 (c) jail contracting and jail reimbursement processes and goals, including the creation
5166 of a comprehensive statewide system of jail contracting and reimbursement;
5167 (d) developing a partnership between the state and counties to create common goals for
5168 housing state [
5169 (e) calculations for the projected number of beds needed;
5170 (f) programming for [
5171 (g) proposals to reduce recidivism;
5172 (h) enhancing partnerships to improve law enforcement and incarceration programs;
5173 (i) [
5174 (j) the compilation described in Subsection 64-13e-104(7).
5175 (3) The membership of the subcommittee shall consist of the following nine members:
5176 (a) as designated by the Utah Sheriffs Association:
5177 (i) one sheriff of a county that is currently under contract with the department to house
5178 state [
5179 (ii) one sheriff of a county that is currently receiving reimbursement from the
5180 department for housing state probationary [
5181 [
5182 (b) the executive director of the department or the executive director's designee;
5183 (c) as designated by the Utah Association of Counties:
5184 (i) one member of the legislative body of one county that is currently under contract
5185 with the department to house state [
5186 (ii) one member of the legislative body of one county that is currently receiving
5187 reimbursement from the department for housing [
5188
5189 (d) the executive director of the Commission on Criminal and Juvenile Justice or the
5190 executive director's designee;
5191 (e) one member of the House of Representatives, appointed by the speaker of the
5192 House of Representatives;
5193 (f) one member of the Senate, appointed by the president of the Senate; and
5194 (g) the executive director of the Governor's Office of Planning and Budget or the
5195 executive director's designee.
5196 (4) The subcommittee shall report to the Law Enforcement and Criminal Justice
5197 Interim Committee in November 2022 and 2024 on progress and efforts to create a
5198 comprehensive statewide jail reimbursement and contracting system.
5199 (5) The subcommittee shall report to the Executive Offices and Criminal Justice
5200 Appropriations Subcommittee not later than October 31 in 2022, 2023, and 2024 on costs
5201 associated with creating a comprehensive statewide jail reimbursement and contracting system.
5202 (6) (a) A member who is not a legislator may not receive compensation or benefits for
5203 the member's service, but may receive per diem and travel expenses as allowed in:
5204 (i) Section 63A-3-106;
5205 (ii) Section 63A-3-107; and
5206 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
5207 63A-3-107.
5208 (b) Compensation and expenses of a member who is a legislator are governed by
5209 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
5210 Section 93. Section 64-13g-101 is amended to read:
5211 64-13g-101. Definitions.
5212 As used in this chapter:
5213 (1) "Average daily population" means the average daily number of individuals on
5214 parole or felony probation in the region during the applicable fiscal year.
5215 (2) "Baseline parole employment rate" means the average of the parole employment
5216 rates for fiscal years 2023, 2024, and 2025.
5217 (3) "Baseline probation employment rate" means the average of the probation
5218 employment rates for fiscal years 2023, 2024, and 2025.
5219 (4) "Department" means the Department of Corrections.
5220 (5) "Eligible employment" means an occupation, or combined occupations, that:
5221 (a) consist of at least 130 hours in a 30-day period; and
5222 (b) are verified via paystubs, employment letters, contracts, or other reliable methods,
5223 as determined by the department.
5224 (6) "Evidence-based" means a supervision policy, procedure, program, or practice
5225 demonstrated by scientific research to reduce recidivism of individuals on parole or felony
5226 probation.
5227 (7) "Marginal cost of incarceration" means the total costs of incarceration, per [
5228 incarcerated individual, that fluctuate based on [
5229 (8) "Office" means the Governor's Office of Planning and Budget.
5230 (9) "Parole employment rate" means the percentage of individuals on parole who held
5231 eligible employment for at least nine months in a one-year period, if at least a portion of the
5232 nine-months was during the preceding fiscal year.
5233 (10) "Probation employment rate" means the percentage of individuals on felony
5234 probation who held eligible employment for at least nine months in a one-year period, if at
5235 least a portion of the nine-months was during the preceding fiscal year.
5236 (11) "Program" means the Adult Probation and Parole Employment Incentive Program,
5237 created in Section 64-13g-102.
5238 (12) "Region" means one of the geographic regions into which the Department of
5239 Corrections has divided the state for purposes of supervising adult probation and parole.
5240 (13) "Restricted account" means the Employment Incentive Restricted Account created
5241 in Section 64-13g-103.
5242 Section 94. Section 76-3-201 is amended to read:
5243 76-3-201. Sentences or combination of sentences allowed -- Restitution and other
5244 costs -- Civil penalties.
5245 (1) As used in this section:
5246 (a) (i) "Convicted" means:
5247 (A) having entered a plea of guilty, a plea of no contest, or a plea of guilty with a
5248 mental illness; or
5249 (B) having received a judgment of guilty or a judgment of guilty with a mental illness.
5250 (ii) "Convicted" does not include an adjudication of an offense under Section 80-6-701.
5251 (b) "Restitution" means the same as that term is defined in Section 77-38b-102.
5252 (2) Within the limits provided by this chapter, a court may sentence an individual
5253 convicted of an offense to any one of the following sentences, or combination of the following
5254 sentences:
5255 (a) to pay a fine;
5256 (b) to removal or disqualification from public or private office;
5257 (c) except as otherwise provided by law, to probation in accordance with Section
5258 77-18-105;
5259 (d) to imprisonment;
5260 (e) on or after April 27, 1992, to life in prison without parole; or
5261 (f) to death.
5262 (3) (a) This chapter does not deprive a court of authority conferred by law:
5263 (i) to forfeit property;
5264 (ii) to dissolve a corporation;
5265 (iii) to suspend or cancel a license;
5266 (iv) to permit removal of an individual from office;
5267 (v) to cite for contempt; or
5268 (vi) to impose any other civil penalty.
5269 (b) A court may include a civil penalty in a sentence.
5270 (4) In addition to any other sentence that a sentencing court may impose, the court shall
5271 order an individual to:
5272 (a) pay restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution
5273 Act;
5274 (b) subject to Subsection (5) and Section 77-32b-104, pay the cost of any government
5275 transportation if the individual was:
5276 (i) transported, in accordance with a court order, from one county to another county
5277 within the state;
5278 (ii) charged with a felony or a misdemeanor; and
5279 (iii) convicted of an offense;
5280 (c) subject to Section 77-32b-104, pay the cost expended by an appropriate
5281 governmental entity under Section 77-30-24 for the extradition of the individual if the
5282 individual:
5283 (i) was extradited to this state, under Title 77, Chapter 30, Extradition, to resolve
5284 pending criminal charges; and
5285 (ii) is convicted of an offense in the county for which the individual is returned;
5286 (d) subject to Subsection (6) and Subsections 77-32b-104(2), (3), and (4), pay the cost
5287 of medical care, treatment, hospitalization, and related transportation, as described in Section
5288 17-50-319, that is provided by a county to the individual while the individual is in a county
5289 correctional facility before and after sentencing if:
5290 (i) the individual is convicted of an offense that results in incarceration in the county
5291 correctional facility; and
5292 (ii) (A) the individual is not a state [
5293 county correctional facility through a contract with the Department of Corrections; or
5294 (B) the reimbursement does not duplicate the reimbursement under Section 64-13e-104
5295 if the individual is [
5296 and
5297 (e) pay any other cost that the court determines is appropriate under Section
5298 77-32b-104.
5299 (5) (a) The court may not order an individual to pay the costs of government
5300 transportation under Subsection (4)(b) if:
5301 (i) the individual is charged with an infraction or a warrant is issued for an infraction
5302 on a subsequent failure to appear; or
5303 (ii) the individual was not transported in accordance with a court order.
5304 (b) (i) The cost of governmental transportation under Subsection (4)(b) shall be
5305 calculated according to the following schedule:
5306 (A) $100 for up to 100 miles that an individual is transported;
5307 (B) $200 for 100 miles to 200 miles that an individual is transported; and
5308 (C) $350 for 200 miles or more that an individual is transported.
5309 (ii) The schedule under Subsection (5)(b)(i) applies to each individual transported
5310 regardless of the number of individuals transported in a single trip.
5311 (6) The cost of medical care under Subsection (4)(d) does not include expenses
5312 incurred by the county correctional facility in providing reasonable accommodation for an
5313 [
5314 covered by the Americans with Disabilities Act, 42 U.S.C. 12101 through 12213, including
5315 medical and mental health treatment for the [
5316 Section 95. Section 76-3-202 is amended to read:
5317 76-3-202. Paroled individuals -- Termination or discharge from sentence -- Time
5318 served on parole -- Discretion of Board of Pardons and Parole.
5319 (1) Every individual committed to the state prison to serve an indeterminate term and,
5320 after December 31, 2018, released on parole shall complete a term of parole that extends
5321 through the expiration of the individual's maximum sentence unless the parole is earlier
5322 terminated by the Board of Pardons and Parole in accordance with the supervision length
5323 guidelines established by the Utah Sentencing Commission under Section 63M-7-404, as
5324 described in Subsection 77-27-5(7), to the extent the guidelines are consistent with the
5325 requirements of the law.
5326 (2) (a) Except as provided in Subsection (2)(b), every individual committed to the state
5327 prison to serve an indeterminate term and released on parole on or after October 1, 2015, but
5328 before January 1, 2019, shall, upon completion of three years on parole outside of confinement
5329 and without violation, be terminated from the individual's sentence unless the parole is earlier
5330 terminated by the Board of Pardons and Parole or is terminated pursuant to Section 64-13-21.
5331 (b) Every individual committed to the state prison to serve an indeterminate term and
5332 later released on parole on or after July 1, 2008, but before January 1, 2019, and who was
5333 convicted of any felony offense under Chapter 5, Offenses Against the Individual, or any
5334 attempt, conspiracy, or solicitation to commit any of these felony offenses, shall complete a
5335 term of parole that extends through the expiration of the individual's maximum sentence,
5336 unless the parole is earlier terminated by the Board of Pardons and Parole.
5337 (3) Every individual convicted of a second degree felony for violating Section
5338 76-5-404, forcible sexual abuse; Section 76-5-404.1, sexual abuse of a child; or Section
5339 76-5-404.3, aggravated sexual abuse of a child; or attempting, conspiring, or soliciting the
5340 commission of a violation of any of those sections, and who is paroled before July 1, 2008,
5341 shall, upon completion of 10 years parole outside of confinement and without violation, be
5342 terminated from the sentence unless the individual is earlier terminated by the Board of
5343 Pardons and Parole.
5344 (4) An individual who violates the terms of parole, while serving parole, for any
5345 offense under Subsection (1), (2), or (3), shall at the discretion of the Board of Pardons and
5346 Parole be recommitted to prison to serve the portion of the balance of the term as determined
5347 by the Board of Pardons and Parole, but not to exceed the maximum term.
5348 (5) An individual paroled following a former parole revocation may not be discharged
5349 from the individual's sentence until:
5350 (a) the individual has served the applicable period of parole under this section outside
5351 of confinement;
5352 (b) the individual's maximum sentence has expired; or
5353 (c) the Board of Pardons and Parole orders the individual to be discharged from the
5354 sentence.
5355 (6) (a) All time served on parole, outside of confinement and without violation,
5356 constitutes service toward the total sentence.
5357 (b) Any time an individual spends outside of confinement after commission of a parole
5358 violation does not constitute service toward the total sentence unless the individual is
5359 exonerated at a parole revocation hearing.
5360 (c) (i) Any time an individual spends in confinement awaiting a hearing before the
5361 Board of Pardons and Parole or a decision by the board concerning revocation of parole
5362 constitutes service toward the total sentence.
5363 (ii) In the case of exoneration by the board, the time spent is included in computing the
5364 total parole term.
5365 (7) When a parolee causes the parolee's absence from the state without authority from
5366 the Board of Pardons and Parole or avoids or evades parole supervision, the period of absence,
5367 avoidance, or evasion tolls the parole period.
5368 (8) (a) While on parole, time spent in confinement outside the state may not be credited
5369 toward the service of any Utah sentence.
5370 (b) Time in confinement outside the state or in the custody of any tribal authority or the
5371 United States government for a conviction obtained in another jurisdiction tolls the expiration
5372 of the Utah sentence.
5373 (9) This section does not preclude the Board of Pardons and Parole from paroling or
5374 discharging an [
5375 of Pardons and Parole unless otherwise specifically provided by law.
5376 (10) A parolee sentenced to lifetime parole may petition the Board of Pardons and
5377 Parole for termination of lifetime parole.
5378 Section 96. Section 76-3-203.5 is amended to read:
5379 76-3-203.5. Habitual violent offender -- Definition -- Procedure -- Penalty.
5380 (1) As used in this section:
5381 (a) "Felony" means any violation of a criminal statute of the state, any other state, the
5382 United States, or any district, possession, or territory of the United States for which the
5383 maximum punishment the offender may be subjected to exceeds one year in prison.
5384 (b) "Habitual violent offender" means a person convicted within the state of any violent
5385 felony and who on at least two previous occasions has been convicted of a violent felony and
5386 committed to either prison in Utah or an equivalent correctional institution of another state or
5387 of the United States either at initial sentencing or after revocation of probation.
5388 (c) "Violent felony" means:
5389 (i) any of the following offenses, or any attempt, solicitation, or conspiracy to commit
5390 any of the following offenses punishable as a felony:
5391 (A) aggravated arson, arson, knowingly causing a catastrophe, and criminal mischief,
5392 Chapter 6, Part 1, Property Destruction;
5393 (B) assault by [
5394 (C) disarming a police officer, Section 76-5-102.8;
5395 (D) aggravated assault, Section 76-5-103;
5396 (E) aggravated assault by [
5397 (F) mayhem, Section 76-5-105;
5398 (G) stalking, Subsection 76-5-106.5(2);
5399 (H) threat of terrorism, Section 76-5-107.3;
5400 (I) aggravated child abuse, Subsection 76-5-109.2(3)(a) or (b);
5401 (J) commission of domestic violence in the presence of a child, Section 76-5-114;
5402 (K) abuse or neglect of a child with a disability, Section 76-5-110;
5403 (L) abuse or exploitation of a vulnerable adult, Section 76-5-111, 76-5-111.2,
5404 76-5-111.3, or 76-5-111.4;
5405 (M) endangerment of a child or vulnerable adult, Section 76-5-112.5;
5406 (N) criminal homicide offenses under Chapter 5, Part 2, Criminal Homicide;
5407 (O) kidnapping, child kidnapping, and aggravated kidnapping under Chapter 5, Part 3,
5408 Kidnapping, Trafficking, and Smuggling;
5409 (P) rape, Section 76-5-402;
5410 (Q) rape of a child, Section 76-5-402.1;
5411 (R) object rape, Section 76-5-402.2;
5412 (S) object rape of a child, Section 76-5-402.3;
5413 (T) forcible sodomy, Section 76-5-403;
5414 (U) sodomy on a child, Section 76-5-403.1;
5415 (V) forcible sexual abuse, Section 76-5-404;
5416 (W) sexual abuse of a child, Section 76-5-404.1, or aggravated sexual abuse of a child,
5417 Section 76-5-404.3;
5418 (X) aggravated sexual assault, Section 76-5-405;
5419 (Y) sexual exploitation of a minor, Section 76-5b-201;
5420 (Z) aggravated sexual exploitation of a minor, Section 76-5b-201.1;
5421 (AA) sexual exploitation of a vulnerable adult, Section 76-5b-202;
5422 (BB) aggravated burglary and burglary of a dwelling under Chapter 6, Part 2, Burglary
5423 and Criminal Trespass;
5424 (CC) aggravated robbery and robbery under Chapter 6, Part 3, Robbery;
5425 (DD) theft by extortion under Subsection 76-6-406(2)(a) or (b);
5426 (EE) tampering with a witness under Subsection 76-8-508(1);
5427 (FF) retaliation against a witness, victim, or informant under Section 76-8-508.3;
5428 (GG) tampering with a juror under Subsection 76-8-508.5(2)(c);
5429 (HH) extortion to dismiss a criminal proceeding under Section 76-8-509 if by any
5430 threat or by use of force theft by extortion has been committed pursuant to Subsections
5431 76-6-406(2)(a), (b), and (i);
5432 (II) possession, use, or removal of explosive, chemical, or incendiary devices under
5433 Subsections 76-10-306(3) through (6);
5434 (JJ) unlawful delivery of explosive, chemical, or incendiary devices under Section
5435 76-10-307;
5436 (KK) purchase or possession of a dangerous weapon or handgun by a restricted person
5437 under Section 76-10-503;
5438 (LL) unlawful discharge of a firearm under Section 76-10-508;
5439 (MM) aggravated exploitation of prostitution under Subsection 76-10-1306(1)(a);
5440 (NN) bus hijacking under Section 76-10-1504; and
5441 (OO) discharging firearms and hurling missiles under Section 76-10-1505; or
5442 (ii) any felony violation of a criminal statute of any other state, the United States, or
5443 any district, possession, or territory of the United States which would constitute a violent
5444 felony as defined in this Subsection (1) if committed in this state.
5445 (2) If a person is convicted in this state of a violent felony by plea or by verdict and the
5446 trier of fact determines beyond a reasonable doubt that the person is a habitual violent offender
5447 under this section, the penalty for a:
5448 (a) third degree felony is as if the conviction were for a first degree felony;
5449 (b) second degree felony is as if the conviction were for a first degree felony; or
5450 (c) first degree felony remains the penalty for a first degree penalty except:
5451 (i) the convicted person is not eligible for probation; and
5452 (ii) the Board of Pardons and Parole shall consider that the convicted person is a
5453 habitual violent offender as an aggravating factor in determining the length of incarceration.
5454 (3) (a) The prosecuting attorney, or grand jury if an indictment is returned, shall
5455 provide notice in the information or indictment that the defendant is subject to punishment as a
5456 habitual violent offender under this section. Notice shall include the case number, court, and
5457 date of conviction or commitment of any case relied upon by the prosecution.
5458 (b) (i) The defendant shall serve notice in writing upon the prosecutor if the defendant
5459 intends to deny that:
5460 (A) the defendant is the person who was convicted or committed;
5461 (B) the defendant was represented by counsel or had waived counsel; or
5462 (C) the defendant's plea was understandingly or voluntarily entered.
5463 (ii) The notice of denial shall be served not later than five days prior to trial and shall
5464 state in detail the defendant's contention regarding the previous conviction and commitment.
5465 (4) (a) If the defendant enters a denial under Subsection (3)(b) and if the case is tried to
5466 a jury, the jury may not be told, until after it returns its verdict on the underlying felony charge,
5467 of the:
5468 (i) defendant's previous convictions for violent felonies, except as otherwise provided
5469 in the Utah Rules of Evidence; or
5470 (ii) allegation against the defendant of being a habitual violent offender.
5471 (b) If the jury's verdict is guilty, the defendant shall be tried regarding the allegation of
5472 being an habitual violent offender by the same jury, if practicable, unless the defendant waives
5473 the jury, in which case the allegation shall be tried immediately to the court.
5474 (c) (i) Before or at the time of sentencing the trier of fact shall determine if this section
5475 applies.
5476 (ii) The trier of fact shall consider any evidence presented at trial and the prosecution
5477 and the defendant shall be afforded an opportunity to present any necessary additional
5478 evidence.
5479 (iii) Before sentencing under this section, the trier of fact shall determine whether this
5480 section is applicable beyond a reasonable doubt.
5481 (d) If any previous conviction and commitment is based upon a plea of guilty or no
5482 contest, there is a rebuttable presumption that the conviction and commitment were regular and
5483 lawful in all respects if the conviction and commitment occurred after January 1, 1970. If the
5484 conviction and commitment occurred prior to January 1, 1970, the burden is on the prosecution
5485 to establish by a preponderance of the evidence that the defendant was then represented by
5486 counsel or had lawfully waived the right to have counsel present, and that the defendant's plea
5487 was understandingly and voluntarily entered.
5488 (e) If the trier of fact finds this section applicable, the court shall enter that specific
5489 finding on the record and shall indicate in the order of judgment and commitment that the
5490 defendant has been found by the trier of fact to be a habitual violent offender and is sentenced
5491 under this section.
5492 (5) (a) The sentencing enhancement provisions of Section 76-3-407 supersede the
5493 provisions of this section.
5494 (b) Notwithstanding Subsection (5)(a), the "violent felony" offense defined in
5495 Subsection (1)(c) shall include any felony sexual offense violation of Chapter 5, Part 4, Sexual
5496 Offenses, to determine if the convicted person is a habitual violent offender.
5497 (6) The sentencing enhancement described in this section does not apply if:
5498 (a) the offense for which the person is being sentenced is:
5499 (i) a grievous sexual offense;
5500 (ii) child kidnapping, Section 76-5-301.1;
5501 (iii) aggravated kidnapping, Section 76-5-302; or
5502 (iv) forcible sexual abuse, Section 76-5-404; and
5503 (b) applying the sentencing enhancement provided for in this section would result in a
5504 lower maximum penalty than the penalty provided for under the section that describes the
5505 offense for which the person is being sentenced.
5506 Section 97. Section 76-3-203.6 is amended to read:
5507 76-3-203.6. Enhanced penalty for certain offenses committed by an incarcerated
5508 individual.
5509 (1) As used in this section, "serving a sentence" means [
5510 individual is sentenced and committed to the custody of the Department of Corrections, the
5511 sentence has not been terminated or voided, and the [
5512 (a) has not been paroled; or
5513 (b) is in custody after arrest for a parole violation.
5514 (2) If the trier of fact finds beyond a reasonable doubt that [
5515 individual serving a sentence for a capital felony or a first degree felony commits any offense
5516 listed in Subsection (5), the offense is a first degree felony and the court shall sentence the
5517 defendant to life in prison without parole.
5518 (3) Notwithstanding Subsection (2), the court may sentence the defendant to an
5519 indeterminate prison term of not less than 20 years and that may be for life if the court finds
5520 that the interests of justice would best be served and states the specific circumstances justifying
5521 the disposition on the record.
5522 (4) Subsection (2) does not apply if the [
5523 than 18 years old at the time the offense listed in Subsection (5) is committed and is sentenced
5524 on or after May 10, 2016.
5525 (5) Offenses referred to in Subsection (2) are:
5526 (a) aggravated assault by [
5527 (b) mayhem, Section 76-5-105;
5528 (c) attempted murder, Section 76-5-203;
5529 (d) kidnapping, Section 76-5-301;
5530 (e) child kidnapping, Section 76-5-301.1;
5531 (f) aggravated kidnapping, Section 76-5-302;
5532 (g) rape, Section 76-5-402;
5533 (h) rape of a child, Section 76-5-402.1;
5534 (i) object rape, Section 76-5-402.2;
5535 (j) object rape of a child, Section 76-5-402.3;
5536 (k) forcible sodomy, Section 76-5-403;
5537 (l) sodomy on a child, Section 76-5-403.1;
5538 (m) aggravated sexual abuse of a child, Section 76-5-404.3;
5539 (n) aggravated sexual assault, Section 76-5-405;
5540 (o) aggravated arson, Section 76-6-103;
5541 (p) aggravated burglary, Section 76-6-203; and
5542 (q) aggravated robbery, Section 76-6-302.
5543 (6) The sentencing enhancement described in this section does not apply if:
5544 (a) the offense for which the person is being sentenced is:
5545 (i) a grievous sexual offense;
5546 (ii) child kidnapping, Section 76-5-301.1; or
5547 (iii) aggravated kidnapping, Section 76-5-302; and
5548 (b) applying the sentencing enhancement provided for in this section would result in a
5549 lower maximum penalty than the penalty provided for under the section that describes the
5550 offense for which the person is being sentenced.
5551 Section 98. Section 76-3-403 is amended to read:
5552 76-3-403. Credit for good behavior against jail sentence for misdemeanors and
5553 certain felonies.
5554 In any commitment for incarceration in a county jail or detention facility, other than the
5555 Utah State Prison, the custodial authority may in its discretion and upon good behavior of the
5556 [
5557 every 30 days served or up to two days credit for every 10 days served when the period to be
5558 served is less than 30 days if:
5559 (1) the incarceration is for a misdemeanor offense, and the sentencing judge has not
5560 entered an order to the contrary; or
5561 (2) the incarceration is part of a probation agreement for a felony offense, and the
5562 sentencing district judge has not entered an order to the contrary.
5563 Section 99. Section 76-3-403.5 is amended to read:
5564 76-3-403.5. Work or school release from county jail or facility -- Conditions.
5565 When an [
5566 the custodial authority may, in accordance with the release policy of the facility, allow the
5567 [
5568 supervised work detail, to seek or work at employment, or to attend an educational institution,
5569 if the [
5570 (1) is not for an offense for which release is prohibited under state law; and
5571 (2) (a) is for a misdemeanor offense, and the sentencing judge has not entered an order
5572 prohibiting release under this section; or
5573 (b) is part of a probation agreement for a felony offense, and the sentencing district
5574 judge has not entered an order prohibiting release under this section.
5575 Section 100. Section 76-5-101 is amended to read:
5576 76-5-101. Definitions.
5577 Unless otherwise provided, as used in this part:
5578 (1) "Detained individual" means an individual detained under Section 77-7-15.
5579 (2) [
5580 peace officer pursuant to a lawful arrest or who is confined in a jail or other penal institution or
5581 a facility used for confinement of delinquent juveniles operated by the Division of Juvenile
5582 Justice Services regardless of whether the confinement is legal.
5583 Section 101. Section 76-5-102.5 is amended to read:
5584 76-5-102.5. Assault by incarcerated individual.
5585 (1) (a) As used in this section, "assault" means an offense under Section 76-5-102.
5586 (b) Terms defined in Section 76-1-101.5 apply to this section.
5587 (2) An actor commits assault by [
5588 (a) is [
5589 (b) intending to cause bodily injury, commits an assault.
5590 (3) A violation of Subsection (2) is a third degree felony.
5591 Section 102. Section 76-5-102.6 is amended to read:
5592 76-5-102.6. Propelling object or substance at a correctional or peace officer --
5593 Penalties.
5594 (1) (a) As used in this section, "infectious agent" means the same as that term is
5595 defined in Section 26-6-2.
5596 (b) Terms defined in Section 76-1-101.5 apply to this section.
5597 (2) An actor commits the offense of propelling an object or substance at a correctional
5598 or peace officer if the actor:
5599 (a) is [
5600 (b) throws or otherwise propels an object or substance at a peace officer, a correctional
5601 officer, or an employee or volunteer, including a health care provider.
5602 (3) (a) A violation of Subsection (2) is a class A misdemeanor.
5603 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree
5604 felony if:
5605 (i) the object or substance causes substantial bodily injury to the peace officer, the
5606 correctional officer, or the employee or volunteer, including a health care provider; or
5607 (ii) (A) the object or substance is:
5608 (I) blood, urine, semen, or fecal material;
5609 (II) an infectious agent or a material that carries an infectious agent;
5610 (III) vomit or a material that carries vomit; or
5611 (IV) the actor's saliva, and the actor knows the actor is infected with HIV, hepatitis B,
5612 or hepatitis C; and
5613 (B) the object or substance comes into contact with any portion of the officer's,
5614 employee's, volunteer's, or health care provider's face, including the eyes or mouth, or comes
5615 into contact with any open wound on the officer's, employee's, volunteer's, or health care
5616 provider's body.
5617 (4) If an offense committed under this section amounts to an offense subject to a
5618 greater penalty under another provision of state law than under this section, this section does
5619 not prohibit prosecution and sentencing for the more serious offense.
5620 Section 103. Section 76-5-102.7 is amended to read:
5621 76-5-102.7. Assault or threat of violence against health care provider, emergency
5622 medical service worker, or health facility employee, owner, or contractor -- Penalty.
5623 (1) (a) As used in this section:
5624 (i) "Assault" means an offense under Section 76-5-102.
5625 (ii) "Emergency medical service worker" means an individual licensed under Section
5626 26-8a-302.
5627 (iii) "Health care provider" means the same as that term is defined in Section
5628 78B-3-403.
5629 (iv) "Health facility" means:
5630 (A) a health care facility as defined in Section 26-21-2; and
5631 (B) the office of a private health care provider, whether for individual or group
5632 practice.
5633 (v) "Health facility employee" means an employee, owner, or contractor of a health
5634 facility.
5635 (vi) "Threat of violence" means an offense under Section 76-5-107.
5636 (b) Terms defined in Section 76-1-101.5 apply to this section.
5637 (2) (a) An actor commits assault or threat of violence against a health care provider or
5638 emergency medical service worker if:
5639 (i) the actor is not [
5640 (ii) the actor commits an assault or threat of violence;
5641 (iii) the actor knew that the victim was a health care provider or emergency medical
5642 service worker; and
5643 (iv) the health care provider or emergency medical service worker was performing
5644 emergency or life saving duties within the scope of his or her authority at the time of the assault
5645 or threat of violence.
5646 (b) An actor commits assault or threat of violence against a health facility employee if:
5647 (i) the actor is not [
5648 (ii) the actor commits an assault or threat of violence;
5649 (iii) the actor knew that the victim was a health facility employee; and
5650 (iv) the health facility employee was acting within the scope of the health facility
5651 employee's duties for the health facility.
5652 (3) (a) A violation of Subsection (2) is a class A misdemeanor.
5653 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree
5654 felony if the actor:
5655 (i) causes substantial bodily injury; and
5656 (ii) acts intentionally or knowingly.
5657 Section 104. Section 76-5-103.5 is amended to read:
5658 76-5-103.5. Aggravated assault by incarcerated individual.
5659 (1) (a) As used in this section, "aggravated assault" means an offense under Section
5660 76-5-103.
5661 (b) Terms defined in Section 76-1-101.5 apply to this section.
5662 (2) An actor commits aggravated assault by [
5663 actor:
5664 (a) is [
5665 (b) commits aggravated assault.
5666 (3) (a) A violation of Subsection (2) is a second degree felony.
5667 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a first degree
5668 felony if serious bodily injury was intentionally caused.
5669 Section 105. Section 76-5-412 is amended to read:
5670 76-5-412. Custodial sexual relations -- Penalties -- Defenses and limitations.
5671 (1) (a) As used in this section:
5672 (i) "Actor" means:
5673 (A) a law enforcement officer, as defined in Section 53-13-103;
5674 (B) a correctional officer, as defined in Section 53-13-104;
5675 (C) a special function officer, as defined in Section 53-13-105; or
5676 (D) an employee of, or private provider or contractor for, the Department of
5677 Corrections or a county jail.
5678 (ii) "Indecent liberties" means the same as that term is defined in Section 76-5-401.1.
5679 (iii) "Person in custody" means an individual, either an adult 18 years old or older, or a
5680 minor younger than 18 years old, who is:
5681 (A) [
5682 includes [
5683 Corrections created under Section 64-13-2, but who is being housed at the Utah State Hospital
5684 established under Section 62A-15-601 or other medical facility;
5685 (B) under correctional supervision, such as at a work release facility or as a parolee or
5686 probationer; or
5687 (C) under lawful or unlawful arrest, either with or without a warrant.
5688 (iv) "Private provider or contractor" means a person that contracts with the Department
5689 of Corrections or with a county jail to provide services or functions that are part of the
5690 operation of the Department of Corrections or a county jail under state or local law.
5691 (b) Terms defined in Section 76-1-101.5 apply to this section.
5692 (2) (a) An actor commits custodial sexual relations if the actor commits any of the acts
5693 under Subsection (2)(b):
5694 (i) under circumstances not amounting to commission of, or an attempt to commit, an
5695 offense under Subsection (4); and
5696 (ii) (A) the actor knows that the individual is a person in custody; or
5697 (B) a reasonable person in the actor's position should have known under the
5698 circumstances that the individual was a person in custody.
5699 (b) Acts referred to in Subsection (2)(a) are:
5700 (i) having sexual intercourse with a person in custody;
5701 (ii) engaging in a sexual act with a person in custody involving the genitals of one
5702 individual and the mouth or anus of another individual; or
5703 (iii) (A) causing the penetration, however slight, of the genital or anal opening of a
5704 person in custody by any foreign object, substance, instrument, or device, including a part of
5705 the human body; and
5706 (B) intending to cause substantial emotional or bodily pain to any individual.
5707 (c) Any touching, even if accomplished through clothing, is sufficient to constitute the
5708 relevant element of a violation of Subsection (2)(a).
5709 (3) (a) A violation of Subsection (2) is a third degree felony.
5710 (b) Notwithstanding Subsection (3)(a), if the person in custody is younger than 18
5711 years old, a violation of Subsection (2) is a second degree felony.
5712 (c) If the act committed under Subsection (3) amounts to an offense subject to a greater
5713 penalty under another provision of state law than is provided under this Subsection (3), this
5714 Subsection (3) does not prohibit prosecution and sentencing for the more serious offense.
5715 (4) The offenses referred to in Subsection (2)(a)(i) and Subsection 76-5-412.2(2)(a)(i)
5716 are:
5717 (a) Section 76-5-401, unlawful sexual activity with a minor;
5718 (b) Section 76-5-402, rape;
5719 (c) Section 76-5-402.1, rape of a child;
5720 (d) Section 76-5-402.2, object rape;
5721 (e) Section 76-5-402.3, object rape of a child;
5722 (f) Section 76-5-403, forcible sodomy;
5723 (g) Section 76-5-403.1, sodomy on a child;
5724 (h) Section 76-5-404, forcible sexual abuse;
5725 (i) Section 76-5-404.1, sexual abuse of a child, or Section 76-5-404.3, aggravated
5726 sexual abuse of a child; or
5727 (j) Section 76-5-405, aggravated sexual assault.
5728 (5) (a) It is not a defense to the commission of, or the attempt to commit, the offense of
5729 custodial sexual relations under Subsection (2) if the person in custody is younger than 18 years
5730 old, that the actor:
5731 (i) mistakenly believed the person in custody to be 18 years old or older at the time of
5732 the alleged offense; or
5733 (ii) was unaware of the true age of the person in custody.
5734 (b) Consent of the person in custody is not a defense to any violation or attempted
5735 violation of Subsection (2).
5736 (6) It is a defense that the commission by the actor of an act under Subsection (2) is the
5737 result of compulsion, as the defense is described in Subsection 76-2-302(1).
5738 Section 106. Section 76-8-309 is amended to read:
5739 76-8-309. Escape and aggravated escape -- Consecutive sentences -- Definitions.
5740 (1) (a) (i) [
5741 incarcerated individual leaves official custody without lawful authorization.
5742 (ii) If [
5743 custody by means of deceit, fraud, or other artifice, the [
5744 not received lawful authorization.
5745 (b) Escape under this Subsection (1) is a third degree felony except as provided under
5746 Subsection (1)(c).
5747 (c) Escape under this Subsection (1) is a second degree felony if:
5748 (i) the actor escapes from a state prison; or
5749 (ii) (A) the actor is convicted as a party to the offense, as defined in Section 76-2-202;
5750 and
5751 (B) the actor is an employee at or a volunteer of a law enforcement agency, the
5752 Department of Corrections, a county or district attorney's office, the office of the state attorney
5753 general, the Board of Pardons and Parole, or the courts, the Judicial Council, the
5754 Administrative Office of the Courts, or similar administrative units in the judicial branch of
5755 government.
5756 (2) (a) [
5757 commission of an escape the [
5758 defined in Section 76-1-101.5, or causes serious bodily injury to another.
5759 (b) Aggravated escape is a first degree felony.
5760 (3) [
5761 escape under this section shall run consecutively with any other sentence.
5762 (4) [
5763 (a) "Confinement" means the [
5764 (i) housed in a state prison or any other facility pursuant to a contract with the [
5765 ]Department of Corrections after being sentenced and committed and the sentence has not been
5766 terminated or voided or the [
5767 (ii) lawfully detained in a county jail prior to trial or sentencing or housed in a county
5768 jail after sentencing and commitment and the sentence has not been terminated or voided or the
5769 [
5770 (iii) lawfully detained following arrest.
5771 (b) "Escape" is considered to be a continuing activity commencing with the conception
5772 of the design to escape and continuing until the escaping [
5773 returned to official custody or the [
5774 thwarted or abandoned.
5775 (c) "Official custody" means arrest, whether with or without warrant, or confinement in
5776 a state prison, jail, institution for secure confinement of juvenile offenders, or any confinement
5777 pursuant to an order of the court or sentenced and committed and the sentence has not been
5778 terminated or voided or the [
5779 individual is considered confined in the state prison if the [
5780 (i) without authority fails to return to the person's place of confinement from work
5781 release or home visit by the time designated for return;
5782 (ii) is in prehearing custody after arrest for parole violation;
5783 (iii) is being housed in a county jail, after felony commitment, pursuant to a contract
5784 with the Department of Corrections; or
5785 (iv) is being transported as [
5786 correctional officers.
5787 (d) [
5788 is in official custody and includes [
5789 (e) "Volunteer" means [
5790 other compensation except expenses actually and reasonably incurred as approved by the
5791 supervising agency.
5792 Section 107. Section 76-8-311.3 is amended to read:
5793 76-8-311.3. Items prohibited in correctional and mental health facilities --
5794 Penalties.
5795 (1) As used in this section:
5796 (a) "Contraband" means any item not specifically prohibited for possession by
5797 offenders under this section or Title 58, Chapter 37, Utah Controlled Substances Act.
5798 (b) "Controlled substance" means any substance defined as a controlled substance
5799 under Title 58, Chapter 37, Utah Controlled Substances Act.
5800 (c) "Correctional facility" means:
5801 (i) any facility operated by or contracting with the Department of Corrections to house
5802 offenders in either a secure or nonsecure setting;
5803 (ii) any facility operated by a municipality or a county to house or detain criminal
5804 offenders;
5805 (iii) any juvenile detention facility; and
5806 (iv) any building or grounds appurtenant to the facility or lands granted to the state,
5807 municipality, or county for use as a correctional facility.
5808 (d) "Electronic cigarette product" means the same as that term is defined in Section
5809 76-10-101.
5810 (e) "Medicine" means any prescription drug as defined in Title 58, Chapter 17b,
5811 Pharmacy Practice Act, but does not include any controlled substances as defined in Title 58,
5812 Chapter 37, Utah Controlled Substances Act.
5813 (f) "Mental health facility" means the same as that term is defined in Section
5814 62A-15-602.
5815 (g) "Nicotine product" means the same as that term is defined in Section 76-10-101.
5816 (h) "Offender" means a person in custody at a correctional facility.
5817 (i) "Secure area" means the same as that term is defined in Section 76-8-311.1.
5818 (j) "Tobacco product" means the same as that term is defined in Section 76-10-101.
5819 (2) Notwithstanding Section 76-10-500, a correctional or mental health facility may
5820 provide by rule that no firearm, ammunition, dangerous weapon, implement of escape,
5821 explosive, controlled substance, spirituous or fermented liquor, medicine, or poison in any
5822 quantity may be:
5823 (a) transported to or upon a correctional or mental health facility;
5824 (b) sold or given away at any correctional or mental health facility;
5825 (c) given to or used by any offender at a correctional or mental health facility; or
5826 (d) knowingly or intentionally possessed at a correctional or mental health facility.
5827 (3) It is a defense to any prosecution under this section if the accused in committing the
5828 act made criminal by this section with respect to:
5829 (a) a correctional facility operated by the Department of Corrections, acted in
5830 conformity with departmental rule or policy;
5831 (b) a correctional facility operated by a municipality, acted in conformity with the
5832 policy of the municipality;
5833 (c) a correctional facility operated by a county, acted in conformity with the policy of
5834 the county; or
5835 (d) a mental health facility, acted in conformity with the policy of the mental health
5836 facility.
5837 (4) (a) An individual who transports to or upon a correctional facility, or into a secure
5838 area of a mental health facility, any firearm, ammunition, dangerous weapon, or implement of
5839 escape with intent to provide or sell it to any offender, is guilty of a second degree felony.
5840 (b) An individual who provides or sells to any offender at a correctional facility, or any
5841 detainee at a secure area of a mental health facility, any firearm, ammunition, dangerous
5842 weapon, or implement of escape is guilty of a second degree felony.
5843 (c) An offender who possesses at a correctional facility, or a detainee who possesses at
5844 a secure area of a mental health facility, any firearm, ammunition, dangerous weapon, or
5845 implement of escape is guilty of a second degree felony.
5846 (d) An individual who, without the permission of the authority operating the
5847 correctional facility or the secure area of a mental health facility, knowingly possesses at a
5848 correctional facility or a secure area of a mental health facility any firearm, ammunition,
5849 dangerous weapon, or implement of escape is guilty of a third degree felony.
5850 (e) An individual violates Section 76-10-306 who knowingly or intentionally
5851 transports, possesses, distributes, or sells any explosive in a correctional facility or mental
5852 health facility.
5853 (5) (a) An individual is guilty of a third degree felony who, without the permission of
5854 the authority operating the correctional facility or secure area of a mental health facility,
5855 knowingly transports to or upon a correctional facility or into a secure area of a mental health
5856 facility any:
5857 (i) spirituous or fermented liquor;
5858 (ii) medicine, whether or not lawfully prescribed for the offender; or
5859 (iii) poison in any quantity.
5860 (b) An individual is guilty of a third degree felony who knowingly violates correctional
5861 or mental health facility policy or rule by providing or selling to any offender at a correctional
5862 facility or detainee within a secure area of a mental health facility any:
5863 (i) spirituous or fermented liquor;
5864 (ii) medicine, whether or not lawfully prescribed for the offender; or
5865 (iii) poison in any quantity.
5866 (c) An [
5867 violation of correctional or mental health facility policy or rule, possesses at a correctional
5868 facility or in a secure area of a mental health facility any:
5869 (i) spirituous or fermented liquor;
5870 (ii) medicine, other than medicine provided by the facility's health care providers in
5871 compliance with facility policy; or
5872 (iii) poison in any quantity.
5873 (d) An individual is guilty of a class A misdemeanor who, with the intent to directly or
5874 indirectly provide or sell any tobacco product, electronic cigarette product, or nicotine product
5875 to an offender, directly or indirectly:
5876 (i) transports, delivers, or distributes any tobacco product, electronic cigarette product,
5877 or nicotine product to an offender or on the grounds of any correctional facility;
5878 (ii) solicits, requests, commands, coerces, encourages, or intentionally aids another
5879 person to transport any tobacco product, electronic cigarette product, or nicotine product to an
5880 offender or on any correctional facility, if the person is acting with the mental state required for
5881 the commission of an offense; or
5882 (iii) facilitates, arranges, or causes the transport of any tobacco product, electronic
5883 cigarette product, or nicotine product in violation of this section to an offender or on the
5884 grounds of any correctional facility.
5885 (e) An individual is guilty of a class A misdemeanor who, without the permission of
5886 the authority operating the correctional or mental health facility, fails to declare or knowingly
5887 possesses at a correctional facility or in a secure area of a mental health facility any:
5888 (i) spirituous or fermented liquor;
5889 (ii) medicine; or
5890 (iii) poison in any quantity.
5891 (f) (i) Except as provided in Subsection (5)(f)(ii), an individual is guilty of a class B
5892 misdemeanor who, without the permission of the authority operating the correctional facility,
5893 knowingly engages in any activity that would facilitate the possession of any contraband by an
5894 offender in a correctional facility.
5895 (ii) The provisions of Subsection (5)(d) regarding any tobacco product, electronic
5896 cigarette product, or nicotine product take precedence over this Subsection (5)(f).
5897 (g) Exemptions may be granted for worship for Native American [
5898 incarcerated individuals pursuant to Section 64-13-40.
5899 (6) The possession, distribution, or use of a controlled substance at a correctional
5900 facility or in a secure area of a mental health facility shall be prosecuted in accordance with
5901 Title 58, Chapter 37, Utah Controlled Substances Act.
5902 (7) The department shall make rules under Title 63G, Chapter 3, Utah Administrative
5903 Rulemaking Act, to establish guidelines for providing written notice to visitors that providing
5904 any tobacco product, electronic cigarette product, or nicotine product to offenders is a class A
5905 misdemeanor.
5906 Section 108. Section 76-8-318 is amended to read:
5907 76-8-318. Assault or threat of violence against child welfare worker -- Penalty.
5908 (1) As used in this section:
5909 (a) "Assault" means the same as that term is defined in Section 76-5-102.
5910 (b) "Child welfare worker" means an employee of the Division of Child and Family
5911 Services created in Section 80-2-201.
5912 (c) "Threat of violence" means the same as that term is defined in Section 76-5-107.
5913 (2) An individual who commits an assault or threat of violence against a child welfare
5914 worker is guilty of a class A misdemeanor if:
5915 (a) the individual is not:
5916 (i) [
5917 77-7-15; or
5918 (ii) a minor in the custody of or receiving services from a division within the
5919 Department of Health and Human Services;
5920 (b) the individual knew that the victim was a child welfare worker; and
5921 (c) the child welfare worker was acting within the scope of the child welfare worker's
5922 authority at the time of the assault or threat of violence.
5923 (3) An individual who violates this section is guilty of a third degree felony if the
5924 individual:
5925 (a) causes substantial bodily injury, as defined in Section 76-1-101.5; and
5926 (b) acts intentionally or knowingly.
5927 Section 109. Section 77-16b-102 is amended to read:
5928 77-16b-102. Definitions.
5929 As used in this chapter:
5930 (1) "Correctional facility" means:
5931 (a) a county jail;
5932 (b) a secure correctional facility as defined by Section 64-13-1; or
5933 (c) a secure care facility as defined in Section 80-1-102.
5934 (2) "Correctional facility administrator" means:
5935 (a) a county sheriff in charge of a county jail;
5936 (b) a designee of the executive director of the [
5937 (c) a designee of the director of the Division of Juvenile Justice Services.
5938 (3) "Incarcerated individual" means an individual who:
5939 (a) is a pretrial detainee or who has been committed to the custody of a sheriff or the
5940 Department of Corrections and is physically in a correctional facility; and
5941 (b) is 18 years old or older and younger than 21 years old and has been committed to
5942 the custody of the Division of Juvenile Justice Services.
5943 [
5944 physician assistant, or nurse practitioner.
5945 [
5946 58-60-102.
5947 [
5948 [
5949
5950
5951 [
5952
5953 Section 110. Section 77-16b-103 is amended to read:
5954 77-16b-103. Involuntary feeding or hydration of incarcerated individuals --
5955 Petition procedures, venue -- Incarcerated individuals rights.
5956 (1) A correctional facility administrator may petition the district court where the
5957 correctional facility is located for an order permitting the involuntary feeding or hydration of
5958 [
5959 refusing to accept sufficient nutrition or hydration.
5960 (2) Prior to the filing of a petition under this section, a mental health therapist who is
5961 designated by the correctional facility administrator shall conduct a mental health evaluation of
5962 the subject [
5963 (3) Upon the filing of a petition, the district court shall hold a hearing within two
5964 working days. The court:
5965 (a) shall confidentially review the [
5966 mental health records as they are available;
5967 (b) may hear testimony or receive evidence, subject to the Utah Rules of Evidence,
5968 concerning the circumstances of the [
5969 hydration; and
5970 (c) may exclude from the hearing [
5971 necessary for the purposes of the hearing, due to the introduction of personal medical and
5972 mental health evidence.
5973 (4) After conducting the hearing under Subsection (3), the district court shall issue an
5974 order to involuntarily feed or hydrate the [
5975 a preponderance of evidence that:
5976 (a) (i) the [
5977 refusing to accept sufficient nutrition or hydration; and
5978 (ii) the correctional facility's medical or penological objectives are valid and outweigh
5979 the [
5980 (b) the [
5981 with the intent to obstruct or delay any judicial or administrative proceeding pending against
5982 the [
5983 (5) The district court shall state its findings of fact and conclusions of law on the
5984 record.
5985 (6) The correctional facility administrator shall serve copies of the petition and a notice
5986 of the district court hearing on the [
5987 incarcerated individual's counsel, if the [
5988 counsel, at least 24 hours in advance of the hearing under Subsection (3).
5989 (7) The [
5990 present evidence, and cross-examine witnesses.
5991 Section 111. Section 77-16b-104 is amended to read:
5992 77-16b-104. Involuntary feeding or hydration of incarcerated individuals --
5993 Standards, continuing jurisdiction, and records.
5994 (1) Any involuntary nutrition or hydration of [
5995 individual under this chapter shall be conducted under immediate medical supervision and in a
5996 medically recognized and acceptable manner.
5997 (2) Upon the filing of a petition [
5998 77-16b-103, the court has the continuing jurisdiction to review the [
5999 individual's need for involuntary nutrition or hydration as long as the [
6000 individual remains in custody of the correctional facility.
6001 (3) A correctional facility shall maintain records of any involuntary feeding or
6002 hydration of [
6003 (a) The records are classified as "controlled" under Section 63G-2-304.
6004 (b) All medical or mental health records submitted to the court under this chapter shall
6005 be kept under seal.
6006 Section 112. Section 77-18-112 is amended to read:
6007 77-18-112. Reports by courts and prosecuting attorneys to Board of Pardons and
6008 Parole.
6009 In cases where an indeterminate sentence is imposed, the court and prosecuting attorney
6010 may, within 30 days, mail a statement to the board setting forth the term for which the
6011 [
6012 might aid the board in passing on the application for termination or commutation of the
6013 sentence or for parole or pardon.
6014 Section 113. Section 77-18a-1 is amended to read:
6015 77-18a-1. Appeals -- When proper.
6016 (1) A defendant may, as a matter of right, appeal from:
6017 (a) a final judgment of conviction, whether by verdict or plea;
6018 (b) an order made after judgment that affects the substantial rights of the defendant;
6019 (c) an order adjudicating the defendant's competency to proceed further in a pending
6020 prosecution; or
6021 (d) an order denying bail under Chapter 20, Bail.
6022 (2) In addition to any appeal permitted by Subsection (1), a defendant may seek
6023 discretionary appellate review of any interlocutory order.
6024 (3) The prosecution may, as a matter of right, appeal from:
6025 (a) a final judgment of dismissal, including a dismissal of a felony information
6026 following a refusal to bind the defendant over for trial;
6027 (b) a pretrial order dismissing a charge on the ground that the court's suppression of
6028 evidence has substantially impaired the prosecution's case;
6029 (c) an order granting a motion to withdraw a plea of guilty or no contest;
6030 (d) an order arresting judgment or granting a motion for merger;
6031 (e) an order terminating the prosecution because of a finding of double jeopardy or
6032 denial of a speedy trial;
6033 (f) an order granting a new trial;
6034 (g) an order holding a statute or any part of it invalid;
6035 (h) an order adjudicating the defendant's competency to proceed further in a pending
6036 prosecution;
6037 (i) an order finding, [
6038 Execution, that an [
6039 executed;
6040 (j) an order reducing the degree of offense pursuant to Section 76-3-402;
6041 (k) an illegal sentence; or
6042 (l) an order dismissing a charge pursuant to Subsection 76-2-309(3).
6043 (4) In addition to any appeal permitted by Subsection (3), the prosecution may seek
6044 discretionary appellate review of any interlocutory order entered before jeopardy attaches.
6045 Section 114. Section 77-19-3 is amended to read:
6046 77-19-3. Special release from city or county jail -- Purposes.
6047 (1) Any person incarcerated in any city or county jail may, in accordance with the
6048 release policy of the facility, be released from jail during those hours which are reasonable and
6049 necessary to accomplish any of the purposes under Subsection (2) if:
6050 (a) the offense is not one for which release is prohibited under state law; and
6051 (b) the judge has not entered an order prohibiting a special release.
6052 (2) The custodial authority at the jail may release an [
6053 who qualifies under Subsection (1) for:
6054 (a) working at [
6055 (b) seeking employment;
6056 (c) attending an educational institution;
6057 (d) obtaining necessary medical treatment; or
6058 (e) any other reasonable purpose as determined by the custodial authority of the jail.
6059 Section 115. Section 77-19-4 is amended to read:
6060 77-19-4. Special release from city or county jail -- Conditions and limitations.
6061 (1) All released [
6062 custody of the custodial authority and are subject at any time to being returned to jail, for good
6063 cause.
6064 (2) The judge may order that the [
6065 (a) pay money earned from employment during the jail term to those [
6066 individuals the incarcerated individual is legally responsible to support; or
6067 (b) retain sufficient money to pay [
6068 transportation, meals, and other incidental and necessary expenses related to [
6069 incarcerated individual's special release.
6070 (3) The custodial authority of the jail shall establish all other conditions of special
6071 release.
6072 (4) During [
6073 function for which [
6074 incarcerated individual shall be confined to jail.
6075 (5) The [
6076 transportation to and from the place where [
6077 function for which [
6078 Section 116. Section 77-19-5 is amended to read:
6079 77-19-5. Special release from city or county jail -- Revocation.
6080 The judge may, for good cause, revoke any release time previously awarded, and shall
6081 notify the [
6082 written request, a hearing shall be afforded to [
6083 revocation.
6084 Section 117. Section 77-19-201 is amended to read:
6085 77-19-201. Definition.
6086 As used in this part, "incompetent to be executed" means that, due to mental condition,
6087 an [
6088 individual is about to suffer or why [
6089 punishment.
6090 Section 118. Section 77-19-202 is amended to read:
6091 77-19-202. Incompetency or pregnancy of person sentenced to death --
6092 Procedures.
6093 (1) If, after judgment of death, the executive director of the Department of Corrections
6094 has good reason to believe that an [
6095 pregnant, or has good reason to believe that an [
6096 to be executed under this chapter should be addressed by a court, the executive director of the
6097 Department of Corrections or the executive director's designee shall immediately give written
6098 notice to the court in which the judgment of death was rendered, to the prosecuting attorney,
6099 and counsel for the inmate. The judgment shall be stayed pending further order of the court.
6100 (2) (a) On receipt of the notice under Subsection (1) of good reason for the court to
6101 address an [
6102 that the mental condition of the [
6103 provisions of Section 77-19-204.
6104 (b) If the [
6105 immediately transmit a certificate of the findings to the Board of Pardons and Parole and
6106 continue the stay of execution pending further order of the court.
6107 (c) If the [
6108 the judge shall immediately transmit a certificate of the findings to the Board of Pardons and
6109 Parole, and shall draw and have delivered another warrant under Section 77-19-6, together with
6110 a copy of the certificate of the findings. The warrant shall state an appointed day on which the
6111 judgment is to be executed, which may not be fewer than 30 nor more than 60 days from the
6112 date of the drawing of the warrant, and which may not be a Sunday, Monday, or a legal
6113 holiday, as defined in Section 63G-1-301.
6114 (3) (a) If the court finds the [
6115 immediately transmit a certificate of the finding to the Board of Pardons and Parole and to the
6116 executive director of the Department of Corrections or the executive director's designee, and
6117 the court shall issue an order staying the execution of the judgment of death during the
6118 pregnancy.
6119 (b) When the court determines the [
6120 pregnant, it shall immediately transmit a certificate of the finding to the Board of Pardons and
6121 Parole and draw and have delivered another warrant under Section 77-19-6, with a copy of the
6122 certificate of the finding. The warrant shall state an appointed day on which the judgment is to
6123 be executed, which may not be fewer than 30 nor more than 60 days from the date of the
6124 drawing of the warrant, and which may not be a Sunday, Monday, or a legal holiday, as defined
6125 in Section 63G-1-301.
6126 (4) The Department of Corrections shall determine the hour, within the appointed day,
6127 at which the judgment is to be executed.
6128 Section 119. Section 77-19-203 is amended to read:
6129 77-19-203. Petition for inquiry as to competency to be executed -- Filing --
6130 Contents -- Successive petitions.
6131 (1) If an [
6132 becomes incompetent to be executed, a petition under Subsection (2) may be filed in the
6133 district court of the county where the [
6134 (2) The petition shall:
6135 (a) contain a certificate stating that it is filed in good faith and on reasonable grounds to
6136 believe the [
6137 (b) contain a specific recital of the facts, observations, and conversations with the
6138 [
6139 (3) The petition may be based upon knowledge or information and belief and may be
6140 filed by the [
6141 [
6142 (4) Before ruling on a petition filed by an [
6143 incarcerated individual's legal counsel alleging that the [
6144 incompetent to be executed, the court shall give the state and the Department of Corrections an
6145 opportunity to respond to the allegations of incompetency.
6146 (5) If a petition is filed after an [
6147 found competent under either this chapter or under Title 77, Chapter 15, Inquiry into Sanity of
6148 Defendant, no further hearing on competency may be granted unless the successive petition:
6149 (a) alleges with specificity a substantial change of circumstances subsequent to the
6150 previous determination of competency; and
6151 (b) is sufficient to raise a significant question about the [
6152 individual's competency to be executed.
6153 Section 120. Section 77-19-204 is amended to read:
6154 77-19-204. Order for hearing -- Examinations of incarcerated individual -- Scope
6155 of examination and report.
6156 (1) When a court has good reason to believe an [
6157 sentenced to death is incompetent to be executed, it shall stay the execution and shall order the
6158 Department of Health and Human Services to examine the [
6159 report to the court concerning the [
6160 (2) (a) The [
6161 (1) shall be examined by at least two mental health experts who are not involved in the
6162 [
6163 (b) The Department of Corrections shall provide information and materials to the
6164 examiners relevant to a determination of the [
6165 be executed.
6166 (3) The [
6167 individual available and fully cooperate in the examination by the Department of Health and
6168 Human Services and any other independent examiners for the defense or the state.
6169 (4) The examiners shall in the conduct of their examinations and in their reports to the
6170 court consider and address, in addition to any other factors determined to be relevant by the
6171 examiners:
6172 (a) the [
6173 incarcerated individual's impending execution;
6174 (b) the [
6175 individual is to be executed for the crime of murder;
6176 (c) the nature of the [
6177 relationship to the factors relevant to the [
6178 (d) whether psychoactive medication is necessary to maintain or restore the [
6179 incarcerated individual's competency.
6180 (5) (a) The examiners who are examining the [
6181 each provide an initial report to the court and the attorneys for the state and the [
6182 incarcerated individual within 60 days of the receipt of the court's order.
6183 (b) The report shall inform the court of the examiner's opinion concerning the
6184 competency of the [
6185 examiner may inform the court in writing that additional time is needed to complete the report.
6186 (c) If the examiner informs the court that additional time is needed, the examiner shall
6187 have up to an additional 30 days to provide the report to the court and counsel.
6188 (d) The examiner shall provide the report within 90 days from the receipt of the court's
6189 order unless, for good cause shown, the court authorizes an additional period of time to
6190 complete the examination and provide the report.
6191 (6) (a) All interviews with the [
6192 examiners shall be videotaped, unless otherwise ordered by the court for good cause shown.
6193 The Department of Corrections shall provide the videotaping equipment and facilitate the
6194 videotaping of the interviews.
6195 (b) Immediately following the videotaping, the videotape shall be provided to the
6196 attorney for the state, who shall deliver it as soon as practicable to the judge in whose court the
6197 competency determination is pending.
6198 (c) The court shall grant counsel for the state and for the [
6199 individual, and examiners who are examining the [
6200 part access to view the videotape at the court building where the court is located that is
6201 conducting the competency determination under this part.
6202 (7) Any written report submitted by an examiner shall:
6203 (a) identify the specific matters referred for evaluation;
6204 (b) describe the procedures, techniques, and tests used in the examination and the
6205 purpose or purposes for each;
6206 (c) state the examiner's clinical observations, findings, and opinions on each issue
6207 referred for examination by the court, and indicate specifically those issues, if any, on which
6208 the examiner could not give an opinion; and
6209 (d) identify the sources of information used by the examiner and present the basis for
6210 the examiner's clinical findings and opinions.
6211 (8) (a) When the reports are received, the court shall set a date for a competency
6212 hearing, which shall be held within not less than five and not more than 15 days, unless the
6213 court extends the time for good cause.
6214 (b) Any examiner directed by the Department of Health and Human Services to
6215 conduct the examination may be subpoenaed to provide testimony at the hearing. If the
6216 examiners are in conflict as to the competency of the [
6217 them should be called to testify at the hearing if they are reasonably available.
6218 (c) The court may call any examiner to testify at the hearing who is not called by the
6219 parties. An examiner called by the court may be cross-examined by counsel for the parties.
6220 (9) (a) An [
6221 unless the court, by a preponderance of the evidence, finds the [
6222 incompetent to be executed. The burden of proof is upon the proponent of incompetency at the
6223 hearing.
6224 (b) An adjudication of incompetency to be executed does not operate as an
6225 adjudication of the [
6226 for medical treatment or for any other purpose, unless specifically set forth in the court order.
6227 (10) (a) If the court finds the [
6228 executed, its order shall contain findings addressing each of the factors in Subsections (4)(a)
6229 through (d).
6230 (b) The order finding the [
6231 shall be delivered to the Department of Health and Human Services, and shall be accompanied
6232 by:
6233 (i) copies of the reports of the examiners filed with the court pursuant to the order of
6234 examination, if not provided previously;
6235 (ii) copies of any of the psychiatric, psychological, or social work reports submitted to
6236 the court relative to the mental condition of the [
6237 (iii) any other documents made available to the court by either the defense or the state,
6238 pertaining to the [
6239 (c) A copy of the order finding the [
6240 executed shall be delivered to the Department of Corrections.
6241 Section 121. Section 77-19-205 is amended to read:
6242 77-19-205. Procedures on finding of incompetency to be executed -- Subsequent
6243 hearings -- Notice to attorneys.
6244 (1) (a) (i) If after the hearing under Section 77-19-204 the [
6245 individual is found to be incompetent to be executed, the court shall continue the stay of
6246 execution and the [
6247 treatment.
6248 (ii) Appropriate mental health treatment under Subsection (1)(a)(i) does not include the
6249 forcible administration of psychoactive medication for the sole purpose of restoring the
6250 [
6251 (b) The court shall order the executive director of the Department of Health and
6252 Human Services to provide periodic assessments to the court regarding the [
6253 incarcerated individual's competency to be executed.
6254 (c) The [
6255 the prison or the [
6256 Department of Corrections and the executive director of the Department of Health and Human
6257 Services. If the [
6258 Health and Human Services shall consult with the Department of Corrections regarding the
6259 [
6260 (2) (a) The examiner or examiners designated by the executive director of the
6261 Department of Health and Human Services to assess the [
6262 progress toward competency may not be involved in the routine treatment of the [
6263 incarcerated individual.
6264 (b) The examiner or examiners shall each provide a full report to the court and counsel
6265 for the state and the [
6266 order. If any examiner is unable to complete the assessment within 90 days, that examiner
6267 shall provide to the court and counsel for the state and the inmate a summary progress report
6268 which informs the court that additional time is necessary to complete the assessment, in which
6269 case the examiner has up to an additional 90 days to provide the full report, unless the court
6270 enlarges the time for good cause. The full report shall assess:
6271 (i) the facility's or program's capacity to provide appropriate treatment for the [
6272 incarcerated individual;
6273 (ii) the nature of treatments provided to the [
6274 (iii) what progress toward restoration of competency has been made;
6275 (iv) the [
6276 for treatment, if any; and
6277 (v) the likelihood of restoration of competency and the amount of time estimated to
6278 achieve it.
6279 (3) The court on its own motion or upon motion by either party may order the
6280 Department of Health and Human Services to appoint additional mental health examiners to
6281 examine the [
6282 incarcerated individual's current mental status and progress toward competency restoration.
6283 (4) (a) Upon receipt of the full report, the court shall hold a hearing to determine the
6284 [
6285 the [
6286 (b) Following the hearing, the court shall determine by a preponderance of evidence
6287 whether the [
6288 (5) (a) If the court determines that the [
6289 be executed, it shall enter findings and shall proceed under Subsection 77-19-202(2)(c).
6290 (b) (i) If the court determines the [
6291 to be executed, the [
6292 mental health treatment, and the court shall hold hearings no less frequently than at 18-month
6293 intervals for the purpose of determining the defendant's competency to be executed.
6294 (ii) Continued appropriate mental health treatment under Subsection (1)(a)(i) does not
6295 include the forcible administration of psychoactive medication for the sole purpose of restoring
6296 the [
6297 (6) (a) If at any time the clinical director of the Utah State Hospital or the primary
6298 treating mental health professional determines that the [
6299 been restored to competency, he shall notify the court.
6300 (b) (i) The court shall conduct a hearing regarding the [
6301 individual's competency to be executed within 30 working days of the receipt of the
6302 notification under Subsection (6)(a), unless the court extends the time for good cause.
6303 (ii) The court may order a hearing or rehearing at any time on its own motion.
6304 (7) Notice of a hearing on competency to be executed shall be given to counsel for the
6305 state and for the [
6306 prosecuted the [
6307 Section 122. Section 77-19-206 is amended to read:
6308 77-19-206. Expenses -- Allocation.
6309 The Department of Health and Human Services and the Department of Corrections
6310 shall each pay 1/2 of the costs of any examination of the [
6311 conducted pursuant to Sections 77-19-204 and 77-19-205 to determine if an [
6312 incarcerated individual is competent to be executed.
6313 Section 123. Section 77-23-301 is amended to read:
6314 77-23-301. Warrantless searches regarding persons on parole.
6315 (1) An [
6316 condition of parole, sign an agreement as described in Subsection (2) that the [
6317 incarcerated individual, while on parole, is subject to search or seizure of the [
6318 incarcerated individual's person, property, place of temporary or permanent residence, vehicle,
6319 or personal effects while on parole:
6320 (a) by a parole officer at any time, with or without a search warrant, and with or
6321 without cause; and
6322 (b) by a law enforcement officer at any time, with or without a search warrant, and with
6323 or without cause, but subject to Subsection (3).
6324 (2) (a) The terms of the agreement under Subsection (1) shall be stated in clear and
6325 unambiguous language.
6326 (b) The agreement shall be signed by the parolee, indicating the parolee's
6327 understanding of the terms of searches as allowed by Subsection (1).
6328 (3) (a) In order for a law enforcement officer to conduct a search of a parolee's
6329 residence under Subsection (1) or a seizure pursuant to the search, the law enforcement officer
6330 shall have obtained prior approval from a parole officer or shall have a warrant for the search.
6331 (b) If a law enforcement officer conducts a search of a parolee's person, personal
6332 effects, or vehicle pursuant to a stop, the law enforcement officer shall notify a parole officer as
6333 soon as reasonably possible after conducting the search.
6334 (4) A search conducted under this section may not be for the purpose of harassment.
6335 (5) Any [
6336 search or seizure under Subsection (1) may not be paroled until the [
6337 individual enters into the agreement under Subsection (1).
6338 (6) This section applies only to an [
6339 release on parole on or after May 5, 2008.
6340 Section 124. Section 77-27-1 is amended to read:
6341 77-27-1. Definitions.
6342 As used in this chapter:
6343 (1) "Appearance" means any opportunity to address the board, a board member, a
6344 panel, or hearing officer, including an interview.
6345 (2) "Board" means the Board of Pardons and Parole.
6346 (3) (a) "Case action plan" means a document developed by the Department of
6347 Corrections that identifies the program priorities for the treatment of the offender.
6348 (b) "Case action plan" includes the criminal risk factors as determined by a risk and
6349 needs assessment conducted by the department.
6350 (4) "Commission" means the State Commission on Criminal and Juvenile Justice
6351 created in Section 63M-7-201.
6352 (5) "Commutation" is the change from a greater to a lesser punishment after
6353 conviction.
6354 (6) "Criminal accounts receivable" means the same as that term is defined in Section
6355 77-32b-102.
6356 (7) "Criminal risk factors" means a person's characteristics and behaviors that:
6357 (a) affect that person's risk of engaging in criminal behavior; and
6358 (b) are diminished when addressed by effective treatment, supervision, and other
6359 support resources resulting in reduced risk of criminal behavior.
6360 (8) (a) "Deliberative process" means the board or any number of the board's individual
6361 members together engaging in discussions, whether written or verbal, regarding a parole, a
6362 pardon, a commutation, termination of sentence, or fines, fees, or restitution in an individual
6363 case.
6364 (b) "Deliberative process" includes the votes, mental processes, written notes, and
6365 recommendations of individual board members and staff.
6366 (c) "Deliberative process" does not include:
6367 (i) a hearing where the offender is present;
6368 (ii) any factual record the board is considering, including records of the offender's
6369 criminal convictions, records regarding the offender's current or previous incarceration and
6370 supervision, and records regarding the offender's physical or mental health;
6371 (iii) recommendations regarding the offender's incarceration or supervision from any
6372 other individual, governmental entity, or agency;
6373 (iv) testimony received by the board regarding the offender, whether written or verbal;
6374 or
6375 (v) the board's decision or rationale for the decision.
6376 (9) "Department" means the Department of Corrections.
6377 (10) "Expiration" means when the maximum sentence has run.
6378 (11) "Family" means any individual related to the victim as a spouse, child, sibling,
6379 parent, or grandparent, or the victim's legal guardian.
6380 (12) "Hearing" or "full hearing" means an appearance before the board, a panel, a board
6381 member or hearing examiner, at which an offender or [
6382 afforded an opportunity to be present and address the board.
6383 (13) "Location," in reference to a hearing, means the physical location at which the
6384 board, a panel, a board member, or a hearing examiner is conducting the hearing, regardless of
6385 the location of any person participating by electronic means.
6386 (14) "Open session" means any hearing, before the board, a panel, a board member, or
6387 a hearing examiner, that is open to the public, regardless of the location of any person
6388 participating by electronic means.
6389 (15) "Panel" means members of the board assigned by the chairperson to a particular
6390 case.
6391 (16) "Pardon" means:
6392 (a) an act of grace that forgives a criminal conviction and restores the rights and
6393 privileges forfeited by or because of the criminal conviction;
6394 (b) the release of an offender from the entire punishment prescribed for a criminal
6395 offense and from disabilities that are a consequence of the criminal conviction; and
6396 (c) the reinstatement of any civil rights lost as a consequence of conviction or
6397 punishment for a criminal offense.
6398 (17) "Parole" means a release from imprisonment on prescribed conditions which, if
6399 satisfactorily performed by the parolee, enables the parolee to obtain a termination of the
6400 parolee's sentence.
6401 (18) "Payment schedule" means the same as that term is defined in Section
6402 77-32b-102.
6403 (19) "Pecuniary damages" means the same as that term is defined in Section
6404 77-38b-102.
6405 (20) "Probation" means an act of grace by the court suspending the imposition or
6406 execution of a convicted offender's sentence upon prescribed conditions.
6407 (21) "Remit" or "remission" means the same as that term is defined in Section
6408 77-32b-102.
6409 (22) "Reprieve" or "respite" means the temporary suspension of the execution of the
6410 sentence.
6411 (23) "Restitution" means the same as that term is defined in Section 77-38b-102.
6412 (24) "Termination" means the act of discharging from parole or concluding the
6413 sentence of imprisonment before the expiration of the sentence.
6414 (25) "Victim" means:
6415 (a) a person against whom the defendant committed a felony or class A misdemeanor
6416 offense for which a hearing is held under this chapter; or
6417 (b) the victim's family if the victim is deceased as a result of the offense for which a
6418 hearing is held under this chapter.
6419 Section 125. Section 77-27-1.5 is amended to read:
6420 77-27-1.5. Appearance by incarcerated individual, offender, or witness.
6421 (1) (a) An appearance by an [
6422 before the board, a panel, board member, or hearing officer may be in person, through
6423 videoconferencing or other electronic means.
6424 (b) [
6425 recorded as provided in Section 77-27-8.
6426 (2) An [
6427 telephone is permissible with the consent of the [
6428 when the [
6429 state.
6430 Section 126. Section 77-27-5.3 is amended to read:
6431 77-27-5.3. Meritless and bad faith litigation.
6432 (1) For purposes of this section:
6433 (a) "Convicted" means a conviction by entry of a plea of guilty or nolo contendere,
6434 guilty with a mental illness, no contest, and conviction of any crime or offense.
6435 (b) [
6436 been convicted of a crime and is incarcerated for that crime or is being held in custody for trial
6437 or sentencing.
6438 (2) In any case filed in state or federal court in which [
6439 individual submits a claim that the court finds to be without merit and brought or asserted in
6440 bad faith, the Board of Pardons and Parole and any county jail administrator may consider that
6441 finding in any early release decisions concerning the [
6442 Section 127. Section 77-27-8 is amended to read:
6443 77-27-8. Record of hearing.
6444 (1) A verbatim record of proceedings before the Board of Pardons and Parole shall be
6445 maintained by a suitable electronic recording device, except when the board dispenses with a
6446 record in a particular hearing or a portion of the proceedings.
6447 (2) When the hearing involves the commutation of a death sentence, a certified
6448 shorthand reporter, in addition to electronic means, shall record all proceedings except when
6449 the board dispenses with a record for the purpose of deliberations in executive session. The
6450 compensation of the reporter shall be determined by the board. The reporter shall immediately
6451 file with the board the original record and when requested shall with reasonable diligence
6452 furnish a transcription or copy of the record upon payment of reasonable fees as determined by
6453 the board.
6454 (3) When an [
6455 unable to pay for a copy of the record, the board may furnish a copy of the record, at the
6456 expense of the state, to the [
6457 Section 128. Section 77-27-9 is amended to read:
6458 77-27-9. Parole proceedings.
6459 (1) (a) The Board of Pardons and Parole may parole any offender or terminate the
6460 sentence of any offender committed to a penal or correctional facility under the jurisdiction of
6461 the Department of Corrections except as provided in Subsection (2).
6462 (b) The board may not release any offender before the minimum term has been served
6463 unless the board finds mitigating circumstances which justify the release and unless the board
6464 has granted a full hearing, in open session, after previous notice of the time and location of the
6465 hearing, and recorded the proceedings and decisions of the board.
6466 (c) The board may not parole any offender or terminate the sentence of any offender
6467 unless the board has granted a full hearing, in open session, after previous notice of the time
6468 and location of the hearing, and recorded the proceedings and decisions of the board.
6469 (d) The release of an offender shall be at the initiative of the board, which shall
6470 consider each case as the offender becomes eligible. However, [
6471 submit the [
6472 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
6473 (2) (a) An individual sentenced to prison prior to April 29, 1996, for a first degree
6474 felony involving child kidnapping, a violation of Section 76-5-301.1; aggravated kidnapping, a
6475 violation of Section 76-5-302; rape of a child, a violation of Section 76-5-402.1; object rape of
6476 a child, a violation of Section 76-5-402.3; sodomy upon a child, a violation of Section
6477 76-5-403.1; aggravated sexual abuse of a child, a violation of Section 76-5-404.3; aggravated
6478 sexual assault, a violation of Section 76-5-405; or a prior offense as described in Section
6479 76-3-407, may not be eligible for release on parole by the Board of Pardons and Parole until the
6480 offender has fully completed serving the minimum mandatory sentence imposed by the court.
6481 This Subsection (2)(a) supersedes any other provision of law.
6482 (b) The board may not parole any offender or commute or terminate the sentence of
6483 any offender before the offender has served the minimum term for the offense, if the offender
6484 was sentenced prior to April 29, 1996, and if:
6485 (i) the offender was convicted of forcible sexual abuse, forcible sodomy, rape,
6486 aggravated assault, kidnapping, aggravated kidnapping, or aggravated sexual assault as defined
6487 in Title 76, Chapter 5, Offenses Against the Individual; and
6488 (ii) the victim of the offense was under 18 years old at the time the offense was
6489 committed.
6490 (c) For a crime committed on or after April 29, 1996, but before January 1, 2019, the
6491 board may parole any offender under Subsections (2)(b)(i) and (ii) for lifetime parole as
6492 provided in this section.
6493 (d) The board may not pardon or parole any offender or commute or terminate the
6494 sentence of any offender who is sentenced to life in prison without parole except as provided in
6495 Subsection (7).
6496 (e) On or after April 27, 1992, the board may commute a sentence of death only to a
6497 sentence of life in prison without parole.
6498 (f) The restrictions imposed in Subsections (2)(d) and (e) apply to all cases that come
6499 before the Board of Pardons and Parole on or after April 27, 1992.
6500 (g) The board may not parole any offender convicted of a homicide unless:
6501 (i) the remains of the victim have been recovered; or
6502 (ii) the offender can demonstrate by a preponderance of the evidence that the offender
6503 has cooperated in good faith in efforts to locate the remains.
6504 (h) Subsection (2)(g) applies to any offender convicted of a homicide after February
6505 25, 2021, or any offender who was incarcerated in a correctional facility on or after February
6506 25, 2021, for a homicide offense.
6507 (3) The board may rescind:
6508 (a) an [
6509 incarcerated individual being released from custody; or
6510 (b) an offender's termination date from parole prior to the offender being terminated
6511 from parole.
6512 (4) (a) The board may issue subpoenas to compel the attendance of witnesses and the
6513 production of evidence, to administer oaths, and to take testimony for the purpose of any
6514 investigation by the board or any of the board's members or by a designated hearing examiner
6515 in the performance of the board's duties.
6516 (b) A person who willfully disobeys a properly served subpoena issued by the board is
6517 guilty of a class B misdemeanor.
6518 (5) (a) The board may adopt rules consistent with law for the board's government,
6519 meetings and hearings, the conduct of proceedings before the board, the parole and pardon of
6520 offenders, the commutation and termination of sentences, and the general conditions under
6521 which parole may be granted and revoked.
6522 (b) The rules shall ensure an adequate opportunity for victims to participate at hearings
6523 held under this chapter, as provided in Section 77-27-9.5.
6524 (c) The rules may allow the board to establish reasonable and equitable time limits on
6525 the presentations by all participants in hearings held under this chapter.
6526 (6) The board does not provide counseling or therapy for victims as a part of their
6527 participation in any hearing under this chapter.
6528 (7) The board may parole a person sentenced to life in prison without parole if the
6529 board finds by clear and convincing evidence that the person is permanently incapable of being
6530 a threat to the safety of society.
6531 Section 129. Section 77-27-10 is amended to read:
6532 77-27-10. Conditions of parole -- Incarcerated individual agreement to warrant --
6533 Rulemaking -- Intensive early release parole program.
6534 (1) (a) When the Board of Pardons and Parole releases an offender on parole, it shall
6535 issue to the parolee a certificate setting forth the conditions of parole, including the graduated
6536 and evidence-based responses to a violation of a condition of parole established by the
6537 Sentencing Commission in accordance with Section 64-13-21, which the offender shall accept
6538 and agree to as evidenced by the offender's signature affixed to the agreement.
6539 (b) The parole agreement shall require that the [
6540 in writing that the board may issue a warrant and conduct a parole revocation hearing if:
6541 (i) the board determines after the grant of parole that the [
6542 individual willfully provided to the board false or inaccurate information that the board finds
6543 was significant in the board's determination to grant parole; or
6544 (ii) (A) the [
6545 the granting of parole; and
6546 (B) the board did not have information regarding the conduct at the time parole was
6547 granted.
6548 (c) A copy of the agreement shall be delivered to the Department of Corrections and a
6549 copy shall be given to the parolee. The original shall remain with the board's file.
6550 (2) (a) If an offender convicted of violating or attempting to violate Section
6551 76-5-301.1, 76-5-302, 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1,
6552 76-5-404, 76-5-404.1, 76-5-404.3, or 76-5-405, is released on parole, the board shall order
6553 outpatient mental health counseling and treatment as a condition of parole.
6554 (b) The board shall develop standards and conditions of parole under this Subsection
6555 (2) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
6556 (c) This Subsection (2) does not apply to intensive early release parole.
6557 (3) (a) In addition to the conditions set out in Subsection (1), the board may place
6558 offenders in an intensive early release parole program. The board shall determine the
6559 conditions of parole which are reasonably necessary to protect the community as well as to
6560 protect the interests of the offender and to assist the offender to lead a law-abiding life.
6561 (b) The offender is eligible for this program only if the offender:
6562 (i) has not been convicted of a sexual offense; or
6563 (ii) has not been sentenced pursuant to Section 76-3-406.
6564 (c) The department shall:
6565 (i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
6566 Rulemaking Act, for operation of the program;
6567 (ii) adopt and implement internal management policies for operation of the program;
6568 (iii) determine whether or not to refer an offender into this program within 120 days
6569 from the date the offender is committed to prison by the sentencing court; and
6570 (iv) make the final recommendation to the board regarding the placement of an
6571 offender into the program.
6572 (d) The department may not consider credit for time served in a county jail awaiting
6573 trial or sentencing when calculating the 120-day period.
6574 (e) The prosecuting attorney or sentencing court may refer an offender for
6575 consideration by the department for participation in the program.
6576 (f) The board shall determine whether or not to place an offender into this program
6577 within 30 days of receiving the department's recommendation.
6578 (4) This program shall be implemented by the department within the existing budget.
6579 (5) During the time the offender is on parole, the department shall collect from the
6580 offender the monthly supervision fee authorized by Section 64-13-21.
6581 (6) When a parolee commits a violation of the parole agreement, the department may:
6582 (a) respond in accordance with the graduated and evidence-based responses established
6583 in accordance with Section 64-13-21; or
6584 (b) when the graduated and evidence-based responses established in accordance with
6585 Section 64-13-21 indicate, refer the parolee to the Board of Pardons and Parole for revocation
6586 of parole.
6587 Section 130. Section 77-28b-5 is amended to read:
6588 77-28b-5. Role of institution warden.
6589 The warden shall sign Form III, Notice Regarding International Prisoner Transfer, and
6590 forward the application and the material required in Section 77-28b-4 in triplicate to the
6591 Department of Corrections [
6592 Section 131. Section 77-28b-6 is amended to read:
6593 77-28b-6. Role of Incarcerated Placement Program Bureau.
6594 (1) The Department of Corrections [
6595 shall:
6596 (a) investigate the request to ensure that all eligibility requirements are met;
6597 (b) request a records check to verify records listed in Section 77-28b-3;
6598 (c) review application and materials for completeness and compliance with treaty
6599 terms;
6600 (d) develop and recommend assurances, where indicated; and
6601 (e) provide written notification of the transfer request to the following entities and
6602 receive objections or other comments for 15 business days after sending the notification:
6603 (i) attorney general;
6604 (ii) prosecuting law enforcement agency;
6605 (iii) prosecutor; and
6606 (iv) sentencing court.
6607 (2) If the [
6608 that the application and materials are incomplete or do not comply with the terms of the treaty,
6609 the application shall be rejected and returned to the institution in which the [
6610 incarcerated individual is incarcerated.
6611 (3) If the investigation of the bureau determines the application and materials are
6612 complete and in compliance with the terms of the treaty, the application and materials shall be
6613 forwarded to the director of the Department of Corrections.
6614 Section 132. Section 77-28b-7 is amended to read:
6615 77-28b-7. Role of director.
6616 (1) (a) The director of the Department of Corrections shall review the application and
6617 materials.
6618 (b) Upon [
6619 to the governor for authorization to transfer.
6620 (2) Applications that are not approved by the director shall be returned to the sending
6621 institution and the [
6622 Section 133. Section 77-28b-8 is amended to read:
6623 77-28b-8. Referral to the United States Department of Justice, Office of
6624 International Affairs.
6625 (1) Upon receipt of the governor's authorization for international transfer, the
6626 application and materials shall be forwarded to the United States Department of Justice, Office
6627 of International Affairs, by the [
6628 (2) The bureau shall notify the [
6629 sending institution of the decision of the application for international transfer.
6630 (3) All arrangements regarding the treaty process and proposed assurances shall be
6631 negotiated between the bureau and the United States Department of Justice, Office of
6632 International Affairs.
6633 Section 134. Section 77-28b-9 is amended to read:
6634 77-28b-9. Transfer of offender.
6635 (1) If the [
6636 Department of Justice, Office of International Affairs, the offender shall be transported by the
6637 Department of Corrections to the federal district court for a verification hearing to ensure the
6638 offender consents to the international transfer.
6639 (2) The Department of Corrections shall then relinquish jurisdiction over the offender
6640 to the United States Department of Justice.
6641 Section 135. Section 77-30-10 is amended to read:
6642 77-30-10. Time to apply for habeas corpus allowed.
6643 No [
6644 whom the executive authority demanding [
6645 [
6646 of a court of record in this state who shall inform [
6647 [
6648 that [
6649 individual or [
6650 desires to test the legality of [
6651 fix a reasonable time to be allowed [
6652 habeas corpus. When such writ is applied for, notice thereof and the time and place of hearing
6653 thereon shall be given to the prosecuting officer of the county in which the arrest is made and
6654 in which the [
6655 Section 136. Section 77-30-12 is amended to read:
6656 77-30-12. Officers entitled to use local jails.
6657 The officer or persons executing the governor's warrant of arrest or the agent of the
6658 demanding state to whom the [
6659 when necessary, confine the [
6660 through which [
6661 receive and safely keep the [
6662 charge of [
6663 person being chargeable with the expense of keeping.
6664 The officer or agent of a demanding state to whom [
6665 individual may have been delivered following extradition proceedings in another state, or to
6666 whom [
6667 extradition in such other state, and who is passing through this state with such [
6668 incarcerated individual for the purpose of immediately returning such [
6669 individual to the demanding state may, when necessary, confine the [
6670 individual in the jail of any county or city through which [
6671 the keeper of such jail must receive and safely keep the [
6672 the officer or agent having charge of [
6673 his route, such officer or agent being chargeable with the expense of keeping; provided, such
6674 officer or agent shall produce and show to the keeper of such jail satisfactory written evidence
6675 of the fact that [
6676 individual to the demanding state after a requisition by the executive authority of such
6677 demanding state. Such [
6678 new requisition while in this state.
6679 Section 137. Section 77-30-18 is amended to read:
6680 77-30-18. Forfeiture of bail.
6681 (1) [
6682 and surrender according to the conditions of the [
6683 judge or magistrate by proper order shall declare the bond forfeited and order the [
6684 immediate arrest of the incarcerated individual without a warrant if the [
6685 individual is within this state.
6686 (2) Recovery may be had on such bond in the name of the state as in the case of other
6687 bonds given by the accused in criminal proceedings within this state.
6688 Section 138. Section 77-33-2 is amended to read:
6689 77-33-2. Summoning an incarcerated individual in this state to testify in another
6690 state -- Certificate of out-of-state judge.
6691 (1) A judge of a state court of record in another state, which by [
6692 made provision for commanding [
6693 state to attend and testify in this state, may certify:
6694 [
6695 action pending in the court[
6696 (b) [
6697 may be a material witness in the proceeding, investigation, or action[
6698 (c) [
6699 (2) Upon presentation of the certificate to any judge having jurisdiction over the
6700 [
6701 shall fix a time and place for a hearing and shall make an order directed to the person having
6702 custody of the [
6703 individual be produced before [
6704 Section 139. Section 77-33-6 is amended to read:
6705 77-33-6. Incarcerated individual in another state summoned to testify in this state
6706 -- Certificate of judge.
6707 (1) If a person confined in a penal institution in any state may be a material witness in a
6708 criminal action pending in a court of record or in a grand jury investigation in this state, a judge
6709 of the court may certify:
6710 [
6711 criminal action pending in the court[
6712 [
6713 material witness in the proceeding, investigation, or action[
6714 [
6715 (2) The certificate shall be presented to a judge of a court of record in the other state
6716 having jurisdiction over the [
6717 given to the attorney general of the state in which the [
6718 confined.
6719 Section 140. Section 77-38-2 is amended to read:
6720 77-38-2. Definitions.
6721 For the purposes of this chapter and the Utah Constitution:
6722 (1) "Abuse" means treating the crime victim in a manner so as to injure, damage, or
6723 disparage.
6724 (2) "Dignity" means treating the crime victim with worthiness, honor, and esteem.
6725 (3) "Fairness" means treating the crime victim reasonably, even-handedly, and
6726 impartially.
6727 (4) "Harassment" means treating the crime victim in a persistently annoying manner.
6728 (5) "Important criminal justice hearings" or "important juvenile justice hearings" means
6729 the following proceedings in felony criminal cases or cases involving a minor's conduct which
6730 would be a felony if committed by an adult:
6731 (a) any preliminary hearing to determine probable cause;
6732 (b) any court arraignment where practical;
6733 (c) any court proceeding involving the disposition of charges against a defendant or
6734 minor or the delay of a previously scheduled trial date but not including any unanticipated
6735 proceeding to take an admission or a plea of guilty as charged to all charges previously filed or
6736 any plea taken at an initial appearance;
6737 (d) any court proceeding to determine whether to release a defendant or minor and, if
6738 so, under what conditions release may occur, excluding any such release determination made at
6739 an initial appearance;
6740 (e) any criminal or delinquency trial, excluding any actions at the trial that a court
6741 might take in camera, in chambers, or at a sidebar conference;
6742 (f) any court proceeding to determine the disposition of a minor or sentence, fine, or
6743 restitution of a defendant or to modify any disposition of a minor or sentence, fine, or
6744 restitution of a defendant; and
6745 (g) any public hearing concerning whether to grant a defendant or minor parole or other
6746 form of discretionary release from confinement.
6747 (6) "Reliable information" means information worthy of confidence, including any
6748 information whose use at sentencing is permitted by the United States Constitution.
6749 (7) "Representative of a victim" means [
6750 the victim or designated by the court and who represents the victim in the best interests of the
6751 victim.
6752 (8) "Respect" means treating the crime victim with regard and value.
6753 (9) (a) "Victim of a crime" means [
6754 charged crime or conduct is alleged to have been perpetrated or attempted by the defendant or
6755 minor personally or as a party to the offense or conduct or, in the discretion of the court,
6756 against whom a related crime or act is alleged to have been perpetrated or attempted, unless the
6757 [
6758 responsible for or criminally involved in the crime or conduct or a crime or act arising from the
6759 same conduct, criminal episode, or plan as the crime is defined under the laws of this state.
6760 (b) For purposes of the right to be present, "victim of a crime" does not mean [
6761
6762 individual following conviction for an offense, or as a juvenile who has committed an act that
6763 would be an offense if committed by an adult, or who is in custody for mental or psychological
6764 treatment.
6765 (c) For purposes of the right to be present and heard at a public hearing as provided in
6766 Subsection 77-38-2(5)(g) and the right to notice as provided in Subsection 77-38-3(7)(a),
6767 "victim of a crime" includes any victim originally named in the allegation of criminal conduct
6768 who is not a victim of the offense to which the defendant entered a negotiated plea of guilty.
6769 Section 141. Section 77-38-4 is amended to read:
6770 77-38-4. Right to be present, to be heard, and to file an amicus brief on appeal --
6771 Control of disruptive acts or irrelevant statements -- Statements from individuals in
6772 custody.
6773 (1) The victim of a crime, the representative of the victim, or both shall have the right:
6774 (a) to be present at the important criminal or juvenile justice hearings provided in
6775 Subsection 77-38-2(5);
6776 (b) to be heard at the important criminal or juvenile justice hearings provided in
6777 Subsections 77-38-2(5)(b), (c), (d), (f), and (g);
6778 (c) to submit a written statement in any action on appeal related to that crime; and
6779 (d) upon request to the judge hearing the matter, to be present and heard at the initial
6780 appearance of the [
6781 against the victim on issues relating to whether to release a defendant or minor and, if so, under
6782 what conditions release may occur.
6783 (2) This chapter shall not confer any right to the victim of a crime to be heard:
6784 (a) at any criminal trial, including the sentencing phase of a capital trial under Section
6785 76-3-207 or at any preliminary hearing, unless called as a witness; and
6786 (b) at any delinquency trial or at any preliminary hearing in a minor's case, unless
6787 called as a witness.
6788 (3) The right of a victim or representative of a victim to be present at trial is subject to
6789 Rule 615 of the Utah Rules of Evidence.
6790 (4) Nothing in this chapter shall deprive the court of the right to prevent or punish
6791 disruptive conduct nor give the victim of a crime the right to engage in disruptive conduct.
6792 (5) The court shall have the right to limit any victim's statement to matters that are
6793 relevant to the proceeding.
6794 (6) In all cases where the number of victims exceeds five, the court may limit the
6795 in-court oral statements it receives from victims in its discretion to a few representative
6796 statements.
6797 (7) Except as otherwise provided in this section, a victim's right to be heard may be
6798 exercised at the victim's discretion in any appropriate fashion, including an oral, written,
6799 audiotaped, or videotaped statement or direct or indirect information that has been provided to
6800 be included in any presentence report.
6801 (8) If the victim of a crime is [
6802 detainee, as [
6803 juvenile who has committed an act that would be an offense if committed by an adult, or who
6804 is in custody for mental or psychological treatment, the right to be heard under this chapter
6805 shall be exercised by submitting a written statement to the court.
6806 (9) The court may exclude any oral statement from a victim on the grounds of the
6807 victim's incompetency as provided in Rule 601(a) of Utah Rules of Evidence.
6808 (10) Except in juvenile court cases, the Constitution may not be construed as limiting
6809 the existing rights of the prosecution to introduce evidence in support of a capital sentence.
6810 Section 142. Section 78A-2-302 is amended to read:
6811 78A-2-302. Indigent litigants -- Affidavit.
6812 (1) As used in Sections 78A-2-302 through 78A-2-309:
6813 (a) "Convicted" means:
6814 (i) a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental
6815 illness, no contest; and
6816 (ii) a conviction of any crime or offense.
6817 [
6818
6819 [
6820 convicted of a crime and is incarcerated for that crime or is being held in custody for trial or
6821 sentencing.
6822 (c) "Indigent" means an individual who is financially unable to pay fees and costs or
6823 give security.
6824 (2) An individual may institute, prosecute, defend, or appeal any cause in a court in this
6825 state without prepayment of fees and costs or security if the individual submits an affidavit
6826 demonstrating that the individual is indigent.
6827 (3) A court shall find an individual indigent if the individual's affidavit under
6828 Subsection (2) demonstrates:
6829 (a) the individual has an income level at or below 150% of the United States poverty
6830 level as defined by the most recent poverty income guidelines published by the United States
6831 Department of Health and Human Services;
6832 (b) the individual receives benefits from a means-tested government program,
6833 including Temporary Assistance to Needy Families, Supplemental Security Income, the
6834 Supplemental Nutrition Assistance Program, or Medicaid;
6835 (c) the individual receives legal services from a nonprofit provider or a pro bono
6836 attorney through the Utah State Bar; or
6837 (d) the individual has insufficient income or other means to pay the necessary fees and
6838 costs or security without depriving the individual, or the individual's family, of food, shelter,
6839 clothing, or other necessities.
6840 (4) An affidavit demonstrating that an individual is indigent under Subsection (3)(d)
6841 shall contain complete information on the individual's:
6842 (a) identity and residence;
6843 (b) amount of income, including any government financial support, alimony, or child
6844 support;
6845 (c) assets owned, including real and personal property;
6846 (d) business interests;
6847 (e) accounts receivable;
6848 (f) securities, checking and savings account balances;
6849 (g) debts; and
6850 (h) monthly expenses.
6851 (5) If the individual under Subsection (3) is [
6852 [
6853 incarcerated individual's trust account at the time the affidavit under Subsection (2) is executed
6854 in accordance with Section 78A-2-305.
6855 (6) An affidavit of indigency under this section shall state the following:
6856 I, (insert name), do solemnly swear or affirm that due to my poverty I am unable to bear
6857 the expenses of the action or legal proceedings which I am about to commence or the appeal
6858 which I am about to take, and that I believe I am entitled to the relief sought by the action, legal
6859 proceedings, or appeal.
6860 Section 143. Section 78A-2-305 is amended to read:
6861 78A-2-305. Effect of filing affidavit -- Procedure for review and collection.
6862 (1) (a) Upon receipt of an affidavit of indigency under Section 78A-2-302 filed with
6863 any Utah court by [
6864 the institution or facility where the [
6865 an account statement detailing all financial activities in the [
6866 trust account for the previous six months or since the time of incarceration, whichever is
6867 shorter.
6868 (b) The incarcerating facility shall:
6869 (i) prepare and produce to the court the [
6870 trust account statement, current trust account balance, and aggregate disposable income; and
6871 (ii) calculate aggregate disposable income by totaling all deposits made [
6872 [
6873 all funds automatically deducted or otherwise garnished from the account during the same
6874 period.
6875 (2) The court shall:
6876 (a) review both the affidavit of indigency and the financial account statement; and
6877 (b) based upon the review, independently determine whether or not the [
6878 incarcerated individual is financially capable of paying all the regular fees and costs associated
6879 with filing the action.
6880 (3) When the court concludes that the [
6881 pay full fees and costs, the court shall assess an initial partial filing fee equal to 50% of the
6882 [
6883 incarcerated individual's six-month aggregate disposable income, whichever is greater.
6884 (4) (a) After payment of the initial partial filing fee, the court shall require the
6885 [
6886 aggregate disposable income until the regular filing fee associated with the civil action is paid
6887 in full.
6888 (b) The agency having custody of the [
6889 (i) garnish the [
6890 (ii) once the collected fees exceed $10, forward payments to the clerk of the court until
6891 the filing fees are paid.
6892 (c) Nothing in this section may be construed to prevent the agency having custody of
6893 the [
6894 incarcerated individual's account to pay court-ordered restitution.
6895 (5) Collection of the filing fees continues despite dismissal of the action.
6896 (6) The filing fee collected may not exceed the amount of fees permitted by statute for
6897 the commencement of a civil action or an appeal of a civil action.
6898 (7) If the [
6899 action to obtain custody of the [
6900 procedures shall apply for review and collection of fees and costs:
6901 (a) (i) Upon a filing of an affidavit of indigency under Section 78A-2-302 with any
6902 Utah court by [
6903 make an independent determination based on the information provided whether court costs and
6904 fees should be paid in full or be waived in whole or in part.
6905 (ii) The court shall require a full or partial filing fee when the [
6906 individual's financial information demonstrates an ability to pay the applicable court fees or
6907 costs.
6908 (b) (i) If [
6909 waived, and if the [
6910 file any complaint or papers on appeal and complete all necessary action as promptly as if the
6911 litigant had paid all the fees and costs in full.
6912 (ii) If [
6913 immediately serve any summonses, writs, process and subpoenas, and papers necessary in the
6914 prosecution or defense of the cause as if all the necessary fees and costs had been paid in full.
6915 (c) (i) If [
6916 shall question the [
6917 the case as to the [
6918 (ii) If the judge determines that the [
6919 to pay court fees and costs, the final order or decree shall be entered, however the [
6920 incarcerated individual may not seek enforcement or modification of the decree or order until
6921 the [
6922 (iii) A judge may waive the restrictions placed on the [
6923 in Subsection (7)(c)(ii) upon a showing of good cause.
6924 Section 144. Section 78B-2-302 is amended to read:
6925 78B-2-302. Within one year.
6926 An action may be brought within one year:
6927 (1) for liability created by the statutes of a foreign state;
6928 (2) upon a statute for a penalty or forfeiture where the action is given to an individual,
6929 or to an individual and the state, except when the statute imposing it prescribes a different
6930 limitation;
6931 (3) except as provided in Section 78B-2-307.5, upon a statute, or upon an undertaking
6932 in a criminal action, for a forfeiture or penalty to the state;
6933 (4) for libel, slander, false imprisonment, or seduction;
6934 (5) against a sheriff or other officer for the escape of [
6935 individual arrested or imprisoned upon either civil or criminal process;
6936 (6) against a municipal corporation for damages or injuries to property caused by a
6937 mob or riot;
6938 (7) except as otherwise expressly provided by statute, against a county legislative body
6939 or a county executive to challenge a decision of the county legislative body or county
6940 executive, respectively;
6941 (8) on a claim for relief or a cause of action under Title 63L, Chapter 5, Utah Religious
6942 Land Use Act; or
6943 (9) for a claim for relief or a cause of action under Subsection 25-6-203(2).
6944 Section 145. Section 78B-6-603 is amended to read:
6945 78B-6-603. Recommitment after discharge forbidden -- Exceptions.
6946 [
6947 habeas corpus may not be imprisoned again, restrained, or kept in custody for the same cause,
6948 except in the following cases:
6949 (1) if the [
6950 and is afterward committed for the same offense by legal order or process; or
6951 (2) if, after discharge for defect of proof or for any defect of the process, warrant or
6952 commitment in a criminal case, the [
6953 and committed by legal process for the same offense.
6954 Section 146. Section 78B-8-401 is amended to read:
6955 78B-8-401. Definitions.
6956 As used in this part:
6957 (1) "Blood or contaminated body fluids" includes blood, saliva, amniotic fluid,
6958 pericardial fluid, peritoneal fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen, and
6959 vaginal secretions, and any body fluid visibly contaminated with blood.
6960 (2) "COVID-19" means the same as that term is defined in Section 78B-4-517.
6961 (3) "Disease" means Human Immunodeficiency Virus infection, acute or chronic
6962 Hepatitis B infection, Hepatitis C infection, COVID-19 or another infectious disease that may
6963 cause Severe Acute Respiratory Syndrome, and any other infectious disease specifically
6964 designated by the Labor Commission, in consultation with the Department of Health and
6965 Human Services, for the purposes of this part.
6966 (4) "Emergency services provider" means:
6967 (a) an individual licensed under Section 26-8a-302, a peace officer, local fire
6968 department personnel, or personnel employed by the Department of Corrections or by a county
6969 jail, who provide prehospital emergency care for an emergency services provider either as an
6970 employee or as a volunteer; or
6971 (b) an individual who provides for the care, control, support, or transport of [
6972
6973 (5) "First aid volunteer" means a person who provides voluntary emergency assistance
6974 or first aid medical care to an injured person prior to the arrival of an emergency medical
6975 services provider or peace officer.
6976 (6) "Health care provider" means the same as that term is defined in Section
6977 78B-3-403.
6978 (7) "Incarcerated individual" means the same as that term is defined in Section
6979 76-5-101.
6980 [
6981 capillary blood sample, a saliva test, or a blood draw.
6982 [
6983 [
6984 (10) "Significant exposure" and "significantly exposed" mean:
6985 (a) exposure of the body of one individual to the blood or body fluids of another
6986 individual by:
6987 (i) percutaneous injury, including a needle stick, cut with a sharp object or instrument,
6988 or a wound resulting from a human bite, scratch, or similar force; or
6989 (ii) contact with an open wound, mucous membrane, or nonintact skin because of a cut,
6990 abrasion, dermatitis, or other damage;
6991 (b) exposure of the body of one individual to the body fluids, including airborne
6992 droplets, of another individual if:
6993 (i) the other individual displays symptoms known to be associated with COVID-19 or
6994 another infectious disease that may cause Severe Acute Respiratory Syndrome; or
6995 (ii) other evidence exists that would lead a reasonable person to believe that the other
6996 individual may be infected with COVID-19 or another infectious disease that may cause Severe
6997 Acute Respiratory Syndrome; or
6998 (c) exposure that occurs by any other method of transmission defined by the Labor
6999 Commission, in consultation with the Department of Health and Human Services, as a
7000 significant exposure.
7001 Section 147. Section 78B-8-402 is amended to read:
7002 78B-8-402. Petition -- Disease testing -- Notice -- Payment for testing.
7003 (1) An emergency services provider or first aid volunteer who is significantly exposed
7004 during the course of performing the emergency services provider's duties or during the course
7005 of performing emergency assistance or first aid, or a health care provider acting in the course
7006 and scope of the health care provider's duties as a health care provider may:
7007 (a) request that the [
7008 aid volunteer, or health care provider was significantly exposed voluntarily submit to testing; or
7009 (b) petition the district court or a magistrate for an order requiring that the [
7010 individual to whom the emergency services provider, first aid volunteer, or health care provider
7011 was significantly exposed submit to testing to determine the presence of a disease and that the
7012 results of that test be disclosed to the petitioner by the Department of Health and Human
7013 Services.
7014 (2) (a) A law enforcement agency may submit on behalf of the petitioner by electronic
7015 or other means an ex parte request for a warrant ordering a medical testing procedure of the
7016 respondent.
7017 (b) The court or magistrate shall issue a warrant ordering the respondent to submit to a
7018 medical testing procedure within two hours, and that reasonable force may be used, if
7019 necessary, if the court or magistrate finds that:
7020 (i) the petitioner was significantly exposed during the course of performing the
7021 petitioner's duties as an emergency services provider, first aid volunteer, or health care
7022 provider;
7023 (ii) the respondent refused to give consent to the medical testing procedure or is unable
7024 to give consent;
7025 (iii) there may not be an opportunity to obtain a sample at a later date; and
7026 (iv) a delay in administering available FDA-approved post-exposure treatment or
7027 prophylaxis could result in a lack of effectiveness of the treatment or prophylaxis.
7028 (c) (i) If the petitioner requests that the court order the respondent to submit to a blood
7029 draw, the petitioner shall request [
7030 to perform the blood draw.
7031 (ii) If the petitioner requests that the court order the respondent to submit to a medical
7032 testing procedure, other than a blood draw, the petitioner shall request that a qualified medical
7033 professional, including a physician, a physician's assistant, a registered nurse, a licensed
7034 practical nurse, or a paramedic, perform the medical testing procedure.
7035 (d) (i) A sample drawn in accordance with a warrant following an ex parte request shall
7036 be sent to the Department of Health and Human Services for testing.
7037 (ii) If the Department of Health and Human Services is unable to perform a medical
7038 testing procedure ordered by the court under this section, a qualified medical laboratory may
7039 perform the medical testing procedure if:
7040 (A) the Department of Health and Human Services requests that the medical laboratory
7041 perform the medical testing procedure; and
7042 (B) the result of the medical testing procedure is provided to the Department of Health
7043 and Human Services.
7044 (3) If a petitioner does not seek or obtain a warrant pursuant to Subsection (2), the
7045 petitioner may file a petition with the district court seeking an order to submit to testing and to
7046 disclose the results in accordance with this section.
7047 (4) (a) The petition described in Subsection (3) shall be accompanied by an affidavit in
7048 which the petitioner certifies that the petitioner has been significantly exposed to the individual
7049 who is the subject of the petition and describes that exposure.
7050 (b) The petitioner shall submit to testing to determine the presence of a disease, when
7051 the petition is filed or within three days after the petition is filed.
7052 (5) The petitioner shall cause the petition required under this section to be served on
7053 the [
7054 preserve the confidentiality of that [
7055 (6) (a) The court shall set a time for a hearing on the matter within 10 days after the
7056 petition is filed and shall give the petitioner and the individual who is the subject of the petition
7057 notice of the hearing at least 72 hours prior to the hearing.
7058 (b) The individual who is the subject of the petition shall also be notified that the
7059 individual may have an attorney present at the hearing and that the individual's attorney may
7060 examine and cross-examine witnesses.
7061 (c) The hearing shall be conducted in camera.
7062 (7) The district court may enter an order requiring that an individual submit to testing,
7063 including a medical testing procedure, for a disease if the court finds probable cause to believe:
7064 (a) the petitioner was significantly exposed; and
7065 (b) the exposure occurred during the course of the emergency services provider's
7066 duties, the provision of emergency assistance or first aid by a first aid volunteer, or the health
7067 care provider acting in the course and scope of the provider's duties as a health care provider.
7068 (8) The court may order that the use of reasonable force is permitted to complete an
7069 ordered test if the individual who is the subject of the petition is [
7070 individual.
7071 (9) The court may order that additional, follow-up testing be conducted and that the
7072 individual submit to that testing, as it determines to be necessary and appropriate.
7073 (10) The court is not required to order an individual to submit to a test under this
7074 section if it finds that there is a substantial reason, relating to the life or health of the
7075 individual, not to enter the order.
7076 (11) (a) Upon order of the district court that an individual submit to testing for a
7077 disease, that individual shall report to the designated local health department to provide the
7078 ordered specimen within five days after the day on which the court issues the order, and
7079 thereafter as designated by the court, or be held in contempt of court.
7080 (b) The court shall send the order to the Department of Health and Human Services and
7081 to the local health department ordered to conduct or oversee the test.
7082 (c) Notwithstanding the provisions of Section 26-6-27, the Department of Health and
7083 Human Services and a local health department may disclose the test results pursuant to a court
7084 order as provided in this section.
7085 (d) Under this section, anonymous testing as provided under Section 26-6-3.5 may not
7086 satisfy the requirements of the court order.
7087 (12) The local health department or the Department of Health and Human Services
7088 shall inform the subject of the petition and the petitioner of the results of the test and advise
7089 both parties that the test results are confidential. That information shall be maintained as
7090 confidential by all parties to the action.
7091 (13) The court, the court's personnel, the process server, the Department of Health and
7092 Human Services, local health department, and petitioner shall maintain confidentiality of the
7093 name and any other identifying information regarding the individual tested and the results of
7094 the test as they relate to that individual, except as specifically authorized by this chapter.
7095 (14) (a) Except as provided in Subsection (14)(b), the petitioner shall remit payment
7096 for each test performed in accordance with this section to the entity that performs the
7097 procedure.
7098 (b) If the petitioner is an emergency services provider, the agency that employs the
7099 emergency services provider shall remit payment for each test performed in accordance with
7100 this section to the entity that performs the procedure.
7101 (15) The entity that obtains a specimen for a test ordered under this section shall cause
7102 the specimen and the payment for the analysis of the specimen to be delivered to the
7103 Department of Health and Human Services for analysis.
7104 (16) If the individual is incarcerated, the incarcerating authority shall either obtain a
7105 specimen for a test ordered under this section or shall pay the expenses of having the specimen
7106 obtained by a qualified individual who is not employed by the incarcerating authority.
7107 (17) The ex parte request or petition shall be sealed upon filing and made accessible
7108 only to the petitioner, the subject of the petition, and their attorneys, upon court order.
7109 Section 148. Section 78B-22-404 is amended to read:
7110 78B-22-404. Powers and duties of the commission.
7111 (1) The commission shall:
7112 (a) adopt core principles for an indigent defense system to ensure the effective
7113 representation of indigent individuals consistent with the requirements of the United States
7114 Constitution, the Utah Constitution, and the Utah Code, which principles at a minimum shall
7115 address the following:
7116 (i) an indigent defense system shall ensure that in providing indigent defense services:
7117 (A) an indigent individual receives conflict-free indigent defense services; and
7118 (B) there is a separate contract for each type of indigent defense service; and
7119 (ii) an indigent defense system shall ensure an indigent defense service provider has:
7120 (A) the ability to exercise independent judgment without fear of retaliation and is free
7121 to represent an indigent individual based on the indigent defense service provider's own
7122 independent judgment;
7123 (B) adequate access to indigent defense resources;
7124 (C) the ability to provide representation to accused individuals in criminal cases at the
7125 critical stages of proceedings, and at all stages to indigent individuals in juvenile delinquency
7126 and child welfare proceedings;
7127 (D) a workload that allows for sufficient time to meet with clients, investigate cases,
7128 file appropriate documents with the courts, and otherwise provide effective assistance of
7129 counsel to each client;
7130 (E) adequate compensation without financial disincentives;
7131 (F) appropriate experience or training in the area for which the indigent defense service
7132 provider is representing indigent individuals;
7133 (G) compensation for legal training and education in the areas of the law relevant to the
7134 types of cases for which the indigent defense service provider is representing indigent
7135 individuals; and
7136 (H) the ability to meet the obligations of the Utah Rules of Professional Conduct,
7137 including expectations on client communications and managing conflicts of interest;
7138 (b) encourage and aid indigent defense systems in the state in the regionalization of
7139 indigent defense services to provide for effective and efficient representation to the indigent
7140 individuals;
7141 (c) emphasize the importance of ensuring constitutionally effective indigent defense
7142 services;
7143 (d) encourage members of the judiciary to provide input regarding the delivery of
7144 indigent defense services; and
7145 (e) oversee individuals and entities involved in providing indigent defense services.
7146 (2) The commission may:
7147 (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
7148 Rulemaking Act, to carry out the commission's duties under this part;
7149 (b) assign duties related to indigent defense services to the office to assist the
7150 commission with the commission's statutory duties;
7151 (c) request supplemental appropriations from the Legislature to address a deficit in the
7152 Indigent [
7153 (d) request supplemental appropriations from the Legislature to address a deficit in the
7154 Child Welfare Parental Representation Fund created in Section 78B-22-804.
7155 Section 149. Section 78B-22-452 is amended to read:
7156 78B-22-452. Duties of the office.
7157 (1) The office shall:
7158 (a) establish an annual budget for the office for the Indigent Defense Resources
7159 Restricted Account created in Section 78B-22-405;
7160 (b) assist the commission in performing the commission's statutory duties described in
7161 this chapter;
7162 (c) identify and collect data that is necessary for the commission to:
7163 (i) aid, oversee, and review compliance by indigent defense systems with the
7164 commission's core principles for the effective representation of indigent individuals; and
7165 (ii) provide reports regarding the operation of the commission and the provision of
7166 indigent defense services by indigent defense systems in the state;
7167 (d) assist indigent defense systems by reviewing contracts and other agreements, to
7168 ensure compliance with the commission's core principles for effective representation of
7169 indigent individuals;
7170 (e) establish procedures for the receipt and acceptance of complaints regarding the
7171 provision of indigent defense services in the state;
7172 (f) establish procedures to award grants to indigent defense systems under Section
7173 78B-22-406 that are consistent with the commission's core principles;
7174 (g) create and enter into contracts consistent with Section 78B-22-454 to provide
7175 indigent defense services for an indigent defense [
7176 (i) is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth
7177 class as classified in Section 17-50-501;
7178 (ii) is charged with having committed a crime within that state prison; and
7179 (iii) has been appointed counsel in accordance with Section 78B-22-203;
7180 (h) assist the commission in developing and reviewing advisory caseload guidelines
7181 and procedures;
7182 (i) investigate, audit, and review the provision of indigent defense services to ensure
7183 compliance with the commission's core principles for the effective representation of indigent
7184 individuals;
7185 (j) administer the Child Welfare Parental Representation Program in accordance with
7186 Part 8, Child Welfare Parental Representation Program;
7187 (k) annually report to the governor, Legislature, Judiciary Interim Committee, and
7188 Judicial Council, regarding:
7189 (i) the operations of the commission;
7190 (ii) the operations of the indigent defense systems in the state; and
7191 (iii) compliance with the commission's core principles by indigent defense systems
7192 receiving grants from the commission;
7193 (l) submit recommendations to the commission for improving indigent defense services
7194 in the state;
7195 (m) publish an annual report on the commission's website; and
7196 (n) perform all other duties assigned by the commission related to indigent defense
7197 services.
7198 (2) The office may enter into contracts and accept, allocate, and administer funds and
7199 grants from any public or private person to accomplish the duties of the office.
7200 (3) Any contract entered into under this part shall require that indigent defense services
7201 are provided in a manner consistent with the commission's core principles implemented under
7202 Section 78B-22-404.
7203 Section 150. Section 78B-22-454 is amended to read:
7204 78B-22-454. Defense of indigent incarcerated individuals.
7205 (1) The office shall pay for indigent defense services for indigent [
7206 incarcerated individuals from the Indigent [
7207 Section 78B-22-455.
7208 (2) A contract under this part shall ensure that indigent defense services are provided in
7209 a manner consistent with the core principles described in Section 78B-22-404.
7210 (3) The county attorney or district attorney of a county of the third, fourth, fifth, or
7211 sixth class shall function as the prosecuting entity.
7212 (4) (a) A county of the third, fourth, fifth, or sixth class where a state prison is located
7213 may impose an additional property tax levy by ordinance at .0001 per dollar of taxable value in
7214 the county.
7215 (b) If the county governing body imposes the additional property tax levy by ordinance,
7216 the revenue shall be deposited into the Indigent [
7217 provided in Section 78B-22-455 to fund the purposes of this part.
7218 (c) Upon notification that the fund has reached the amount specified in Subsection
7219 78B-22-455(6), a county shall deposit revenue derived from the property tax levy after the
7220 county receives the notice into a county account used exclusively to provide indigent defense
7221 services.
7222 (d) A county that chooses not to impose the additional levy by ordinance may not
7223 receive any benefit from the Indigent [
7224 Section 151. Section 78B-22-455 is amended to read:
7225 78B-22-455. Indigent Incarcerated Individual Fund.
7226 (1) There is created a custodial fund known as the "Indigent [
7227 Individual Fund" to be disbursed by the office in accordance with contracts entered into under
7228 Subsection 78B-22-452(1)(g).
7229 (2) Money deposited into this fund shall only be used:
7230 (a) to pay indigent defense services for an indigent [
7231 who:
7232 (i) is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth
7233 class as defined in Section 17-50-501;
7234 (ii) is charged with having committed a crime within that state prison; and
7235 (iii) has been appointed counsel in accordance with Section 78B-22-203; and
7236 (b) to cover costs of administering the Indigent [
7237 (3) The fund consists of:
7238 (a) proceeds received from counties that impose the additional tax levy by ordinance
7239 under Subsection 78B-22-454(4), which shall be the total county obligation for payment of
7240 costs listed in Subsection (2) for defense services for indigent [
7241 individuals;
7242 (b) appropriations made to the fund by the Legislature; and
7243 (c) interest and earnings from the investment of fund money.
7244 (4) Fund money shall be invested by the state treasurer with the earnings and interest
7245 accruing to the fund.
7246 (5) (a) In any calendar year in which the fund has insufficient funding, or is projected
7247 to have insufficient funding, the commission shall request a supplemental appropriation from
7248 the Legislature in the following general session to provide sufficient funding.
7249 (b) The state shall pay any or all of the reasonable and necessary money to provide
7250 sufficient funding into the Indigent [
7251 (6) The fund is capped at $1,000,000.
7252 (7) The office shall notify the contributing counties when the fund approaches
7253 $1,000,000 and provide each county with the amount of the balance in the fund.
7254 (8) Upon notification by the office that the fund is near the limit imposed in Subsection
7255 (6), the counties may contribute enough money to enable the fund to reach $1,000,000 and
7256 discontinue contributions until notified by the office that the balance has fallen below
7257 $1,000,000, at which time counties that meet the requirements of Section 78B-22-454 shall
7258 resume contributions.
7259 Section 152. Section 78B-22-701 is amended to read:
7260 78B-22-701. Establishment of Indigent Aggravated Murder Defense Fund -- Use
7261 of fund -- Compensation for indigent legal defense from fund.
7262 (1) For purposes of this part, "fund" means the Indigent Aggravated Murder Defense
7263 Fund.
7264 (2) (a) There is established a custodial fund known as the "Indigent Aggravated Murder
7265 Defense Fund."
7266 (b) The Division of Finance shall disburse money from the fund at the direction of the
7267 board and subject to this chapter.
7268 (3) The fund consists of:
7269 (a) money received from participating counties as provided in Sections 78B-22-702
7270 and 78B-22-703;
7271 (b) appropriations made to the fund by the Legislature as provided in Section
7272 78B-22-703; and
7273 (c) interest and earnings from the investment of fund money.
7274 (4) The state treasurer shall invest fund money with the earnings and interest accruing
7275 to the fund.
7276 (5) The fund shall be used to assist participating counties with financial resources, as
7277 provided in Subsection (6), to fulfill their constitutional and statutory mandates for the
7278 provision of constitutionally effective defense for indigent individuals prosecuted for the
7279 violation of state laws in cases involving aggravated murder.
7280 (6) Money allocated to or deposited in this fund shall be used only:
7281 (a) to reimburse participating counties for expenditures made for an attorney appointed
7282 to represent an indigent individual, other than a state [
7283 prison, prosecuted for aggravated murder in a participating county; and
7284 (b) for administrative costs pursuant to Section 78B-22-501.
7285 Section 153. Section 80-6-204 is amended to read:
7286 80-6-204. Detention or confinement of a minor -- Restrictions.
7287 (1) Except as provided in Subsection (2) or this chapter, if a child is apprehended by a
7288 peace officer, or brought before a court for examination under state law, the child may not be
7289 confined:
7290 (a) in a jail, lockup, or cell used for an adult who is charged with a crime; or
7291 (b) in secure care .
7292 (2) (a) The division shall detain a child in accordance with Sections 80-6-502,
7293 80-6-504, and 80-6-505 if:
7294 (i) the child is charged with an offense under Section 80-6-502 or 80-6-503;
7295 (ii) the district court has obtained jurisdiction over the offense because the child is
7296 bound over to the district court under Section 80-6-504; and
7297 (iii) the juvenile or district court orders the detention of the child.
7298 (b) (i) If a child is detained before a detention hearing, or a preliminary hearing under
7299 Section 80-6-504 if a criminal information is filed for the child under Section 80-6-503, the
7300 child may only be held in certified juvenile detention accommodations in accordance with rules
7301 made by the commission.
7302 (ii) The commission's rules shall include rules for acceptable sight and sound
7303 separation from adult [
7304 (iii) The commission shall certify that a correctional facility is in compliance with the
7305 commission's rules.
7306 (iv) This Subsection (2)(b) does not apply to a child held in a correctional facility in
7307 accordance with Subsection (2)(a).
7308 (3) (a) In an area of low density population, the commission may, by rule, approve a
7309 juvenile detention accommodation within a correctional facility that has acceptable sight and
7310 sound separation.
7311 (b) An accommodation described in Subsection (3)(a) shall be used only:
7312 (i) for short-term holding of a child who is alleged to have committed an act that would
7313 be a criminal offense if committed by an adult; and
7314 (ii) for a maximum confinement period of six hours.
7315 (c) A child may only be held in an accommodation described in Subsection (3)(a) for:
7316 (i) identification;
7317 (ii) notification of a juvenile court official;
7318 (iii) processing; and
7319 (iv) allowance of adequate time for evaluation of needs and circumstances regarding
7320 the release or transfer of the child to a shelter or detention facility.
7321 (d) This Subsection (3) does not apply to a child held in a correctional facility in
7322 accordance with Subsection (2)(a).
7323 (4) (a) If a child is alleged to have committed an act that would be a criminal offense if
7324 committed by an adult, the child may be detained in a holding room in a local law enforcement
7325 agency facility:
7326 (i) for a maximum of two hours; and
7327 (ii) (A) for identification or interrogation; or
7328 (B) while awaiting release to a parent or other responsible adult.
7329 (b) A holding room described in Subsection (4)(a) shall be certified by the commission
7330 in accordance with the commission's rules.
7331 (c) The commission's rules shall include provisions for constant supervision and for
7332 sight and sound separation from adult [
7333 (5) Willful failure to comply with this section is a class B misdemeanor.
7334 (6) (a) The division is responsible for the custody and detention of:
7335 (i) a child who requires detention before trial or examination, or is placed in secure
7336 detention after an adjudication under Section 80-6-704; and
7337 (ii) a juvenile offender under Subsection 80-6-806(7).
7338 (b) Subsection (6)(a) does not apply to a child held in a correctional facility in
7339 accordance with Subsection (2)(a).
7340 (c) (i) The commission shall provide standards for custody or detention under
7341 Subsections (2)(b), (3), and (4).
7342 (ii) The division shall determine and set standards for conditions of care and
7343 confinement of children in detention facilities.
7344 (d) (i) The division, or a public or private agency willing to undertake temporary
7345 custody or detention upon agreed terms in a contract with the division, shall provide all other
7346 custody or detention in suitable premises distinct and separate from the general jails, lockups,
7347 or cells used in law enforcement and corrections systems.
7348 (ii) This Subsection (6)(d) does not apply to a child held in a correctional facility in
7349 accordance with Subsection (2)(a).
7350 (7) Except as otherwise provided by this chapter, if an individual who is, or appears to
7351 be, under 18 years old is received at a correctional facility, the sheriff, warden, or other official,
7352 in charge of the correctional facility shall:
7353 (a) immediately notify the juvenile court of the individual; and
7354 (b) make arrangements for the transfer of the individual to a detention facility, unless
7355 otherwise ordered by the juvenile court.
7356 Section 154. Repealer.
7357 This bill repeals:
7358 Section 77-16b-101, Title.
7359 Section 155. Revisor instructions.
7360 The Legislature intends that the Office of Legislative Research and General Counsel, in
7361 preparing the Utah Code database for publication, replace the terms "prisoner" and "inmate"
7362 with "incarcerated individual" in any new language added to the Utah Code by legislation
7363 passed during the 2023 General Session.