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7 LONG TITLE
8 General Description:
9 This bill addresses the imposition of an indeterminate prison term for certain criminal
10 offenses.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires an indeterminate prison term to be imposed for certain attempt convictions;
14 ▸ repeals a statute allowing probation for certain offenses committed against children;
15 and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 77-18-107, as enacted by Laws of Utah 2021, Chapter 260
24 REPEALS AND REENACTS:
25 76-3-406, as last amended by Laws of Utah 2023, Chapter 184
26 REPEALS:
27 76-5-406.5, as last amended by Laws of Utah 2022, Chapter 181
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 76-3-406 is repealed and reenacted to read:
31 76-3-406. Crimes for which probation, suspension of sentence, lower category of
32 offense, or hospitalization may not be granted.
33 (1) As used in this section, "attempted child rape offense" means an attempt to commit
34 a felony that is:
35 (a) rape of a child as described in Section 76-5-402.1;
36 (b) object rape of a child as described in Section 76-5-402.3; or
37 (c) sodomy on a child as described in Section 76-5-403.1.
38 (2) Except as provided in Subsection (3), a court may not grant probation, suspend the
39 execution or imposition of a sentence, enter a judgment for a lower category of offense, or
40 order hospitalization, if the effect of which would in any way shorten the prison sentence for an
41 actor who commits a capitol felony or a first degree felony, or attempts to commit a felony, that
42 is:
43 (a) aggravated murder as described in Section 76-5-202;
44 (b) murder as described in Section 76-5-203;
45 (c) child kidnapping as described in Section 76-5-301.1;
46 (d) aggravated kidnapping as described in Subsection 76-5-302(3)(b);
47 (e) rape as described in Subsection 76-5-402(3)(b), (3)(c), or (4);
48 (f) rape of a child as described in Section 76-5-402.1;
49 (g) object rape as described in Subsection 76-5-402.2(3)(b), (3)(c), or (4);
50 (h) object rape of a child as described in Section 76-5-402.3;
51 (i) forcible sodomy as described in Subsection 76-5-403(3)(b), (3)(c), or (4);
52 (j) sodomy on a child as described in Section 76-5-403.1;
53 (k) forcible sexual abuse as described in Subsection 76-5-404(3)(b)(i) or (ii);
54 (l) aggravated sexual abuse of a child as described in Section 76-5-404.3;
55 or(m)aggravated sexual assault as described in Section 76-5-405.
56 (3) Except for an attempted child rape offense, a court may suspend the execution or
57 imposition of a prison sentence for an actor that is convicted of an attempt to commit a felony
58 described in Subsection (2) if the court:
59 (a) makes a finding on the record that:
60 (i) details why it is in the interests of justice not to execute or impose the prison
61 sentence; and
62 (ii) the individual does not pose a significant safety risk to:
63 (A) the victim of the attempted crime; or
64 (B) the general public; and
65 (b) orders the individual to complete the terms and condition of probation that is
66 supervised by the Department of Corrections.
67 (4) Except for an offense before the district court in accordance with Section 80-6-502
68 or 80-6-504, the provisions of this section do not apply if the sentencing court finds that the
69 defendant:
70 (a) was under 18 years old at the time of the offense; and
71 (b) could have been adjudicated in the juvenile court but for the delayed reporting or
72 delayed filing of the information.
73 (5) Except as provided in Subsection 77-16a-103(6) or (7), a court may not grant
74 probation, suspend the execution or imposition of a sentence, enter a judgment for a lower
75 category of offense, or order hospitalization under Section 76-3-201 or 77-18-105 or Title 77,
76 Chapter 16a, Commitment and Treatment of Individuals with a Mental Condition, if the court
77 is prohibited by this section.
78 Section 2. Section 77-18-107 is amended to read:
79 77-18-107. Home confinement -- Electronic monitoring for home confinement.
80 (1) The court may order home confinement as a condition of probation under the
81 supervision of the department, except as provided in [
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83 (2) The department shall establish procedures and standards for home confinement for
84 all defendants supervised by the department for home confinement.
85 (3) If the court places the defendant on probation and orders the defendant to
86 participate in home confinement under Subsection (1), the court may order the defendant to
87 participate in home confinement through the use of electronic monitoring until further order of
88 the court.
89 (4) The electronic monitoring of a defendant shall alert the department and the
90 appropriate law enforcement agency of the defendant's whereabouts.
91 (5) An electronic monitoring device shall be used under conditions that require:
92 (a) the defendant to wear an electronic monitoring device at all times; and
93 (b) the device be placed in the home of the defendant to monitor the defendant's
94 compliance with the court's order.
95 (6) If a court orders a defendant to participate in home confinement through electronic
96 monitoring as a condition of probation under Subsection (3), the court shall:
97 (a) place the defendant on probation under the supervision of the department;
98 (b) order the department to place an electronic monitoring device on the defendant and
99 install electronic monitoring equipment in the residence of the defendant; and
100 (c) order the defendant to pay the costs associated with home confinement to the
101 department or the program provider.
102 (7) The department shall pay the costs of home confinement through electronic
103 monitoring only for an individual who is determined to be indigent by the court.
104 (8) The department may provide the electronic monitoring described in this section
105 directly or by contract with a private provider.
106 Section 3. Repealer.
107 This bill repeals:
108 Section 76-5-406.5, Circumstances required for probation or suspension of
109 sentence for certain sex offenses against a child.
110 Section 4. Effective date.
111 This bill takes effect on May 1, 2024.