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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the criminal justice system.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends provisions regarding the chair of a Criminal Justice Coordinating Council;
13 ▸ amends the crime for an escape;
14 ▸ moves the crime for an aggravated escape to a separate statute;
15 ▸ addresses the use of an algorithm or a risk assessment tool score in determinations
16 about pretrial release, diversion, sentencing, probation, and parole;
17 ▸ requires the Administrative Office of the Courts to collect data regarding the total
18 scores for pretrial risk assessment tools and on whether a defendant was previously
19 convicted of an offense; and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 17-22-5, as last amended by Laws of Utah 2004, Chapter 301
28 17-55-201, as last amended by Laws of Utah 2023, Chapters 249, 257
29 53-10-403, as last amended by Laws of Utah 2023, Chapters 328, 457
30 63A-16-1002, as last amended by Laws of Utah 2023, Chapters 158, 161, 382, and 448
31 64-13-14.5, as last amended by Laws of Utah 2015, Chapter 412
32 76-5-203, as last amended by Laws of Utah 2022, Chapter 181
33 77-2-5, as last amended by Laws of Utah 2021, Chapters 43, 260
34 77-18-103, as last amended by Laws of Utah 2023, Chapter 155
35 77-18-105, as last amended by Laws of Utah 2023, Chapters 111, 257
36 77-20-205, as last amended by Laws of Utah 2023, Chapters 408, 447
37 77-27-5, as last amended by Laws of Utah 2023, Chapters 151, 173
38 78A-2-109.5, as last amended by Laws of Utah 2023, Chapter 441
39 ENACTS:
40 76-8-309.1, Utah Code Annotated 1953
41 REPEALS AND REENACTS:
42 76-8-309, as last amended by Laws of Utah 2022, Chapter 181
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 17-22-5 is amended to read:
46 17-22-5. Sheriff's classification of jail inmates -- Classification criteria --
47 Alternative incarceration programs -- Limitation.
48 (1) Except as provided in Subsection (4), the sheriff shall adopt and implement written
49 policies for admission of prisoners to the county jail and the classification of persons
50 incarcerated in the jail which shall provide for the separation of prisoners by gender and by
51 such other factors as may reasonably provide for the safety and well-being of inmates and the
52 community. To the extent authorized by law, any written admission policies shall be applied
53 equally to all entities using the county correctional facilities.
54 (2) Except as provided in Subsection (4), each county sheriff shall assign prisoners to a
55 facility or section of a facility based on classification criteria that the sheriff develops and
56 maintains.
57 (3) (a) Except as provided in Subsection (4), a county sheriff may develop and
58 implement alternative incarceration programs that may or may not involve housing a prisoner
59 in a jail facility.
60 (b) A prisoner housed under an alternative incarceration program under Subsection
61 (3)(a) shall be considered to be in the full custody and control of the sheriff for purposes of
62 [
63 (c) A prisoner may not be placed in an alternative incarceration program under
64 Subsection (3)(a) unless:
65 (i) the jail facility is at maximum operating capacity, as established under Subsection
66 17-22-5.5(2); or
67 (ii) ordered by the court.
68 (4) This section may not be construed to authorize a sheriff to modify provisions of a
69 contract with the Department of Corrections to house in a county jail persons sentenced to the
70 Department of Corrections.
71 Section 2. Section 17-55-201 is amended to read:
72 17-55-201. Criminal justice coordinating councils -- Creation -- Strategic plan --
73 Reporting requirements.
74 (1) (a) Beginning January 1, 2023, a county shall:
75 (i) create a criminal justice coordinating council; or
76 (ii) jointly with another county or counties, create a criminal justice coordinating
77 council.
78 (b) The purpose of a council is to coordinate and improve components of the criminal
79 justice system in the county or counties.
80 (2) (a) A council shall include:
81 (i) one county commissioner or county council member;
82 (ii) the county sheriff or the sheriff's designee;
83 (iii) one chief of police of a municipality within the county or the chief's designee;
84 (iv) the county attorney or the attorney's designee;
85 (v) one public defender or attorney who provides public defense within the county;
86 (vi) one district court judge;
87 (vii) one justice court judge;
88 (viii) one representative from the Division of Adult Probation and Parole within the
89 Department of Corrections;
90 (ix) one representative from the local mental health authority within the county; and
91 (x) one individual who is:
92 (A) a crime victim; or
93 (B) a victim advocate, as defined in Section 77-38-403.
94 (b) A council may include:
95 (i) an individual representing:
96 (A) local government;
97 (B) human services programs;
98 (C) higher education;
99 (D) peer support services;
100 (E) workforce services;
101 (F) local housing services;
102 (G) mental health or substance use disorder providers;
103 (H) a health care organization within the county;
104 (I) a local homeless council;
105 (J) family counseling and support groups; or
106 (K) organizations that work with families of incarcerated individuals; or
107 (ii) an individual with lived experiences in the criminal justice system.
108 [
109 (3) (a) A member who is an elected county official shall serve as chair of the council.
110 (b) The council shall elect the member to serve as chair under Subsection (3)(a).
111 (4) (a) A council shall develop and implement a strategic plan for the county's or
112 counties' criminal justice system that includes:
113 (i) mapping of all systems, resources, assets, and services within the county's or
114 counties' criminal justice system;
115 (ii) a plan for data sharing across the county's or counties' criminal justice system;
116 (iii) recidivism reduction objectives; and
117 (iv) community reintegration goals.
118 (b) The commission may assist a council in the development of a strategic plan.
119 (5) As part of the council's duties described in Subsection (4)(a)(i), the council shall
120 prepare a list of private probation providers for a court to provide to defendants as described in
121 Section 77-18-105.
122 (6) Before November 30 of each year, a council shall provide a written report to the
123 commission regarding:
124 (a) the implementation of a strategic plan described in Subsection (4); and
125 (b) any data on the impact of the council on the criminal justice system in the county or
126 counties.
127 Section 3. Section 53-10-403 is amended to read:
128 53-10-403. DNA specimen analysis -- Application to offenders, including minors.
129 (1) Sections 53-10-403.6, 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to
130 any person who:
131 (a) has pled guilty to or has been convicted of any of the offenses under Subsection
132 (2)(a) or (b) on or after July 1, 2002;
133 (b) has pled guilty to or has been convicted by any other state or by the United States
134 government of an offense which if committed in this state would be punishable as one or more
135 of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
136 (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
137 offense under Subsection (2)(c);
138 (d) has been booked:
139 (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
140 2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
141 (ii) on or after January 1, 2015, for any felony offense; or
142 (e) is a minor under Subsection (3).
143 (2) Offenses referred to in Subsection (1) are:
144 (a) any felony or class A misdemeanor under the Utah Code;
145 (b) any offense under Subsection (2)(a):
146 (i) for which the court enters a judgment for conviction to a lower degree of offense
147 under Section 76-3-402; or
148 (ii) regarding which the court allows the defendant to enter a plea in abeyance as
149 defined in Section 77-2a-1; or
150 (c) (i) any violent felony as defined in Section 53-10-403.5;
151 (ii) sale or use of body parts, Section 26B-8-315;
152 (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
153 (iv) operating a motor vehicle with any amount of a controlled substance in an
154 individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
155 Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
156 (v) a felony violation of enticing a minor, Section 76-4-401;
157 (vi) negligently operating a vehicle resulting in injury, Subsection 76-5-102.1(2)(b);
158 (vii) a felony violation of propelling a substance or object at a correctional officer, a
159 peace officer, or an employee or a volunteer, including health care providers, Section
160 76-5-102.6;
161 (viii) negligently operating a vehicle resulting in death, Subsection 76-5-207(2)(b);
162 (ix) aggravated human trafficking, Section 76-5-310, and aggravated human
163 smuggling, Section 76-5-310.1;
164 (x) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
165 (xi) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
166 (xii) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
167 (xiii) sale of a child, Section 76-7-203;
168 (xiv) aggravated escape, [
169 (xv) a felony violation of assault on an elected official, Section 76-8-315;
170 (xvi) influencing, impeding, or retaliating against a judge or member of the Board of
171 Pardons and Parole, Section 76-8-316;
172 (xvii) advocating criminal syndicalism or sabotage, Section 76-8-902;
173 (xviii) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
174 (xix) a felony violation of sexual battery, Section 76-9-702.1;
175 (xx) a felony violation of lewdness involving a child, Section 76-9-702.5;
176 (xxi) a felony violation of abuse or desecration of a dead human body, Section
177 76-9-704;
178 (xxii) manufacture, possession, sale, or use of a weapon of mass destruction, Section
179 76-10-402;
180 (xxiii) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
181 Section 76-10-403;
182 (xxiv) possession of a concealed firearm in the commission of a violent felony,
183 Subsection 76-10-504(4);
184 (xxv) assault with the intent to commit bus hijacking with a dangerous weapon,
185 Subsection 76-10-1504(3);
186 (xxvi) commercial obstruction, Subsection 76-10-2402(2);
187 (xxvii) a felony violation of failure to register as a sex or kidnap offender, Section
188 77-41-107;
189 (xxviii) repeat violation of a protective order, Subsection 77-36-1.1(4); or
190 (xxix) violation of condition for release after arrest under Section 78B-7-802.
191 (3) A minor under Subsection (1) is a minor 14 years old or older who is adjudicated
192 by the juvenile court due to the commission of any offense described in Subsection (2), and
193 who:
194 (a) committed an offense under Subsection (2) within the jurisdiction of the juvenile
195 court on or after July 1, 2002; or
196 (b) is in the legal custody of the Division of Juvenile Justice and Youth Services on or
197 after July 1, 2002, for an offense under Subsection (2).
198 Section 4. Section 63A-16-1002 is amended to read:
199 63A-16-1002. Criminal and juvenile justice database.
200 (1) The commission shall oversee the creation and management of a criminal and
201 juvenile justice database for information and data required to be reported to the commission,
202 organized by county, and accessible to all criminal justice agencies in the state.
203 (2) The division shall assist with the development and management of the database.
204 (3) The division, in collaboration with the commission, shall create:
205 (a) master standards and formats for information submitted to the database;
206 (b) a portal, bridge, website, or other method for reporting entities to provide the
207 information;
208 (c) a master data management index or system to assist in the retrieval of information
209 in the database;
210 (d) a protocol for accessing information in the database that complies with state
211 privacy regulations; and
212 (e) a protocol for real-time audit capability of all data accessed through the portal by
213 participating data source, data use entities, and regulators.
214 (4) Each criminal justice agency charged with reporting information to the commission
215 shall provide the data or information to the database in a form prescribed by the commission.
216 (5) The database shall be the repository for the statutorily required data described in:
217 (a) Section 13-53-111, recidivism reporting requirements;
218 (b) Section 17-22-32, county jail reporting requirements;
219 (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
220 (d) Section 41-6a-511, courts to collect and maintain data;
221 (e) Section 53-23-101, reporting requirements for reverse-location warrants;
222 (f) Section 53-24-102, sexual assault offense reporting requirements for law
223 enforcement agencies;
224 (g) Section 63M-7-214, law enforcement agency grant reporting;
225 (h) Section 63M-7-216, prosecutorial data collection;
226 (i) Section 64-13-21, supervision of sentenced offenders placed in community;
227 (j) Section 64-13-25, standards for programs;
228 (k) Section 64-13-45, department reporting requirements;
229 (l) Section 64-13e-104, housing of state probationary inmates or state parole inmates;
230 (m) Section 77-7-8.5, use of tactical groups;
231 (n) Section 77-11b-404, forfeiture reporting requirements;
232 (o) Section 77-20-103, release data requirements;
233 (p) Section 77-22-2.5, court orders for criminal investigations;
234 (q) Section 78A-2-109.5, court [
235 cases;
236 (r) Section 80-6-104, data collection on offenses committed by minors; and
237 (s) any other statutes which require the collection of specific data and the reporting of
238 that data to the commission.
239 (6) The commission shall report:
240 (a) progress on the database, including creation, configuration, and data entered, to the
241 Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
242 (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
243 Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
244 Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
245 Committee not later than January 16, 2023.
246 Section 5. Section 64-13-14.5 is amended to read:
247 64-13-14.5. Limits of confinement place -- Release status -- Work release.
248 (1) The department may extend the limits of the place of confinement of an inmate
249 when, as established by department policies and procedures, there is cause to believe the
250 inmate will honor the trust, by authorizing the inmate under prescribed conditions:
251 (a) to leave temporarily for purposes specified by department policies and procedures
252 to visit specifically designated places for a period not to exceed 30 days;
253 (b) to participate in a voluntary training program in the community while housed at a
254 correctional facility or to work at paid employment;
255 (c) to be housed in a nonsecure community correctional center operated by the
256 department; or
257 (d) to be housed in any other facility under contract with the department.
258 (2) The department shall establish rules governing offenders on release status. A copy
259 of the rules shall be furnished to the offender and to any employer or other person participating
260 in the offender's release program. Any employer or other participating person shall agree in
261 writing to abide by the rules and to notify the department of the offender's discharge or other
262 release from a release program activity, or of any violation of the rules governing release status.
263 (3) The willful failure of an inmate to remain within the extended limits of his
264 confinement or to return within the time prescribed to an institution or facility designated by
265 the department is an escape from custody.
266 (4) If an offender is arrested for the commission of a crime, the arresting authority shall
267 immediately notify the department of the arrest.
268 (5) The department may impose appropriate sanctions pursuant to Section 64-13-21
269 upon offenders who violate guidelines established by the Utah Sentencing Commission,
270 including prosecution for escape under Section 76-8-309 or 76-8-309.1 and for unauthorized
271 absence.
272 (6) An inmate who is housed at a nonsecure correctional facility and on work release
273 may not be required to work for less than the current federally established minimum wage, or
274 under substandard working conditions.
275 Section 6. Section 76-5-203 is amended to read:
276 76-5-203. Murder -- Penalties-- Affirmative defense and special mitigation --
277 Separate offenses.
278 (1) (a) As used in this section, "predicate offense" means:
279 (i) a clandestine drug lab violation under Section 58-37d-4 or 58-37d-5;
280 (ii) aggravated child abuse, under Subsection 76-5-109.2(3)(a), when the abused
281 individual is younger than 18 years old;
282 (iii) kidnapping under Section 76-5-301;
283 (iv) child kidnapping under Section 76-5-301.1;
284 (v) aggravated kidnapping under Section 76-5-302;
285 (vi) rape under Section 76-5-402;
286 (vii) rape of a child under Section 76-5-402.1;
287 (viii) object rape under Section 76-5-402.2;
288 (ix) object rape of a child under Section 76-5-402.3;
289 (x) forcible sodomy under Section 76-5-403;
290 (xi) sodomy upon a child under Section 76-5-403.1;
291 (xii) forcible sexual abuse under Section 76-5-404;
292 (xiii) sexual abuse of a child under Section 76-5-404.1;
293 (xiv) aggravated sexual abuse of a child under Section 76-5-404.3;
294 (xv) aggravated sexual assault under Section 76-5-405;
295 (xvi) arson under Section 76-6-102;
296 (xvii) aggravated arson under Section 76-6-103;
297 (xviii) burglary under Section 76-6-202;
298 (xix) aggravated burglary under Section 76-6-203;
299 (xx) robbery under Section 76-6-301;
300 (xxi) aggravated robbery under Section 76-6-302;
301 (xxii) escape [
302 (xxiii) aggravated escape under Section 76-8-309.1; or
303 [
304 discharge of a firearm or dangerous weapon.
305 (b) Terms defined in Section 76-1-101.5 apply to this section.
306 (2) An actor commits murder if:
307 (a) the actor intentionally or knowingly causes the death of another individual;
308 (b) intending to cause serious bodily injury to another individual, the actor commits an
309 act clearly dangerous to human life that causes the death of the other individual;
310 (c) acting under circumstances evidencing a depraved indifference to human life, the
311 actor knowingly engages in conduct that creates a grave risk of death to another individual and
312 thereby causes the death of the other individual;
313 (d) (i) the actor is engaged in the commission, attempted commission, or immediate
314 flight from the commission or attempted commission of any predicate offense, or is a party to
315 the predicate offense;
316 (ii) an individual other than a party described in Section 76-2-202 is killed in the
317 course of the commission, attempted commission, or immediate flight from the commission or
318 attempted commission of any predicate offense; and
319 (iii) the actor acted with the intent required as an element of the predicate offense;
320 (e) the actor recklessly causes the death of a peace officer or military service member
321 in uniform while in the commission or attempted commission of:
322 (i) an assault against a peace officer under Section 76-5-102.4;
323 (ii) interference with a peace officer while making a lawful arrest under Section
324 76-8-305 if the actor uses force against the peace officer; or
325 (iii) an assault against a military service member in uniform under Section 76-5-102.4;
326 or
327 (f) the actor commits a homicide that would be aggravated murder, but the offense is
328 reduced in accordance with Subsection 76-5-202(4).
329 (3) (a) (i) A violation of Subsection (2) is a first degree felony.
330 (ii) A defendant who is convicted of murder shall be sentenced to imprisonment for an
331 indeterminate term of not less than 15 years and which may be for life.
332 (b) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
333 or alternatively, attempted murder, as described in this section are proved beyond a reasonable
334 doubt, and also finds that the existence of special mitigation is established by a preponderance
335 of the evidence and in accordance with Section 76-5-205.5, the court shall enter a judgment of
336 conviction as follows:
337 (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
338 judgment of conviction for manslaughter; or
339 (ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall,
340 notwithstanding Subsection 76-4-102(1)(b) or 76-4-102(1)(c)(i), enter a judgment of
341 conviction for attempted manslaughter.
342 (4) (a) It is an affirmative defense to a charge of murder or attempted murder that the
343 defendant caused the death of another individual or attempted to cause the death of another
344 individual under a reasonable belief that the circumstances provided a legal justification or
345 excuse for the conduct although the conduct was not legally justifiable or excusable under the
346 existing circumstances.
347 (b) The reasonable belief of the actor under Subsection (4)(a) shall be determined from
348 the viewpoint of a reasonable person under the then existing circumstances.
349 (c) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder,
350 or alternatively, attempted murder, as described in this section are proved beyond a reasonable
351 doubt, and also finds the affirmative defense described in this Subsection (4) is not disproven
352 beyond a reasonable doubt, the court shall enter a judgment of conviction as follows:
353 (i) if the trier of fact finds the defendant guilty of murder, the court shall enter a
354 judgment of conviction for manslaughter; or
355 (ii) if the trier of fact finds the defendant guilty of attempted murder, the court shall
356 enter a judgment of conviction for attempted manslaughter.
357 (5) (a) Any predicate offense that constitutes a separate offense does not merge with
358 the crime of murder.
359 (b) An actor who is convicted of murder, based on a predicate offense that constitutes a
360 separate offense, may also be convicted of, and punished for, the separate offense.
361 Section 7. Section 76-8-309 is repealed and reenacted to read:
362 76-8-309. Escape.
363 (1) (a) As used in this section:
364 (i) "Agency" means a law enforcement agency, the Department of Corrections, a
365 county or district attorney's office, the Office of the Attorney General, the Board of Pardons
366 and Parole, or the judicial branch, including the Judicial Council, the Administrative Office of
367 the Courts, or a similar administrative unit of the judicial branch.
368 (ii) "Confinement in a state prison" means:
369 (A) (I) the individual is housed in a state prison, or any other facility in accordance
370 with a contract with the Department of Corrections or Section 80-6-507, after being sentenced
371 and committed;
372 (II) the individual's sentence has not been terminated or voided; and
373 (III) the individual is not on parole;
374 (B) the individual is being housed in a county jail, after felony commitment, in
375 accordance with a contract with the Department of Corrections;
376 (C) the individual is on parole and the individual is in prehearing custody after an
377 arrest for a parole violation;
378 (D) the individual is housed in a state prison and is being transported as a prisoner in
379 the state prison by a correctional officer; or
380 (E) the individual is housed in a state prison, or any other facility in accordance with a
381 contract with the Department of Corrections or Section 80-6-507, and the individual is
382 permitted to leave temporarily for a work release or home visit and is required to return at a
383 designated time.
384 (iii) "Lawful authorization" does not include authorization to leave official custody, or
385 to remove or disable a tracking device, if the authorization was obtained by means of deceit,
386 fraud, or other artifice.
387 (iv) (A) "Offender" means an individual who is in official custody.
388 (B) "Offender" includes an individual who is under trusty status.
389 (v) "Official custody" means:
390 (A) confinement in a state prison;
391 (B) the individual is lawfully detained in a facility for secure confinement of minors
392 that is operated by the Division of Juvenile Justice Services;
393 (C) (I) the individual is lawfully detained in a county jail before trial or sentencing or
394 the individual is housed in a county jail after sentencing and commitment;
395 (II) the individual's sentence has not been terminated or voided; and
396 (III) the individual is not on parole or probation;
397 (D) the individual is lawfully detained following an arrest regardless of whether the
398 individual was arrested with or without a warrant; or
399 (E) the individual is on probation and the individual is in prehearing custody after an
400 arrest for a probation violation.
401 (vi) (A) "Tracking device" means a device that reveals the device's location or
402 movement by the transmission or recording of an electronic signal.
403 (B) "Tracking device" includes a satellite-based radio navigation system.
404 (vii) "Volunteer" means a person who donates service without pay or other
405 compensation except for expenses actually and reasonably incurred with approval by the
406 supervising agency.
407 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
408 (2) An actor commits escape if the actor:
409 (a) is an offender who, without lawful authorization:
410 (i) leaves official custody; or
411 (ii) intentionally or knowingly removes, disables, or permits the removal or disabling
412 of, a tracking device that is installed or employed as an alternative to incarceration; or
413 (b) (i) is convicted as a party to an offense under this section, as described in Section
414 76-2-202; and
415 (ii) is an employee at, or a volunteer of, an agency.
416 (3) (a) Except as provided by Subsection (3)(b) or Section 76-8-309.1, a violation of
417 Subsection (2)(a) is a third degree felony.
418 (b) Except as provided by Section 76-8-309.1, a violation of Subsection (2)(a) is a
419 second degree felony if the actor leaves confinement in a state prison without lawful
420 authorization, including failing to return from a work release or home visit by the time
421 designated for return.
422 (c) Except as provided in Section 76-8-309.1, a violation of Subsection (2)(b) is a
423 second degree felony.
424 (4) (a) For purposes of an attempt to commit an escape under Section 76-4-102, the
425 conception of the design to escape is conduct constituting a substantial step toward the
426 commission of the crime.
427 (b) For purposes of a conspiracy to commit an escape under Section 76-4-201, the
428 conception of the design to escape is an overt act in pursuance of the conspiracy to commit the
429 crime.
430 (c) For an inchoate offense of escape, an escape is considered a continuing activity that
431 commences with the conception of the design to escape and continues until the actor's attempt
432 to escape is thwarted or abandoned or the actor commits the escape as described in Subsection
433 (2)(a).
434 (5) For a completed offense of escape, an escape is considered a continuing activity
435 that commences when the actor commits an escape as described in Subsection (2)(a) and
436 continues until the actor is returned to official custody or the actor's escape is thwarted or
437 abandoned.
438 (6) A court sentencing an actor for a violation of this section shall impose a
439 consecutive sentence to any other sentence the actor is either serving or ordered to serve.
440 Section 8. Section 76-8-309.1 is enacted to read:
441 76-8-309.1. Aggravated escape.
442 (1) (a) As used in this section, "escape" means an offense under Section 76-8-309.
443 (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
444 (2) An actor commits aggravated escape if, during the course of the commission of an
445 escape, the actor:
446 (a) uses a dangerous weapon; or
447 (b) causes serious bodily injury to another.
448 (3) A violation of Subsection (2) is a first degree felony.
449 (4) A court sentencing an actor for a violation of this section shall impose a
450 consecutive sentence to any other sentence the actor is either serving or ordered to serve.
451 Section 9. Section 77-2-5 is amended to read:
452 77-2-5. Diversion agreement -- Negotiation -- Contents.
453 (1) At any time after the commencement of prosecution and before conviction, the
454 prosecuting attorney may, by written agreement with the defendant, filed with the court, and
455 upon approval of the court, divert a defendant to a non-criminal diversion program.
456 (2) A defendant shall be represented by counsel during negotiations for diversion and
457 at the time of execution of any diversion agreement unless the defendant has knowingly and
458 intelligently waived the defendant's right to counsel.
459 (3) The defendant has the right to be represented by counsel at any court hearing
460 relating to a diversion program.
461 (4) (a) A diversion agreement, entered into between the prosecuting attorney and the
462 defendant and approved by a [
463 requirements agreed to by the defendant and the reasons for diversion.
464 (b) The diversion agreement described in Subsection (4)(a) shall include an agreement,
465 by the parties, for a specific amount of restitution that the defendant will pay, unless the
466 prosecuting attorney certifies that:
467 (i) the prosecuting attorney has consulted with all victims, including the Utah Office
468 for Victims of Crime; and
469 (ii) the defendant does not owe any restitution.
470 (5) (a) If the court approves a diversion agreement that includes an agreement by the
471 parties for the amount of restitution that the defendant will pay, the court shall order the
472 defendant to pay restitution in accordance with the terms of the diversion agreement.
473 (b) The court shall collect, receive, process, and distribute payments for restitution to
474 the victim, unless otherwise provided by law or by the diversion agreement.
475 (6) A decision by a prosecuting attorney not to divert a defendant is not subject to
476 judicial review.
477 (7) A diversion agreement entered into between the prosecution and the defense and
478 approved by a magistrate may contain an order that the defendant pay a nonrefundable
479 diversion fee that:
480 (a) shall be allocated in the same manner as if paid as a fine for a criminal conviction
481 under Section 78A-5-110 or Section 78A-7-120; and
482 (b) may not exceed the suggested fine listed in the Uniform Fine Schedule adopted by
483 the Judicial Council.
484 (8) A diversion agreement may not be approved unless the defendant knowingly and
485 intelligently waives the defendant's constitutional right to a speedy trial before a magistrate and
486 in the diversion agreement.
487 (9) (a) The court shall, on the defendant's request, consider the defendant's ability to
488 pay a diversion fee before ordering the defendant to pay a diversion fee.
489 (b) The court may:
490 (i) consider any relevant evidence in determining the defendant's ability to pay a
491 diversion fee; and
492 (ii) lower or waive the diversion fee based on that evidence.
493 (10) A diversion program longer than two years is not permitted.
494 (11) The court may not rely solely on an algorithm or a risk assessment tool score in
495 determining whether the court should approve the defendant's diversion to a non-criminal
496 diversion program.
497 Section 10. Section 77-18-103 is amended to read:
498 77-18-103. Presentence investigation report -- Classification of presentence
499 investigation report -- Evidence or other information at sentencing.
500 (1) Before the imposition of a sentence, the court may:
501 (a) upon agreement of the defendant, continue the date for the imposition of the
502 sentence for a reasonable period of time for the purpose of obtaining a presentence
503 investigation report from the department or a law enforcement agency, or information from any
504 other source about the defendant; and
505 (b) if the defendant is convicted of a felony or a class A misdemeanor, request that the
506 department or a law enforcement agency prepare a presentence investigation report for the
507 defendant.
508 (2) If a presentence investigation report is required under the standards established by
509 the department described in Section 77-18-109, the presentence investigation report under
510 Subsection (1) shall include:
511 (a) any impact statement provided by a victim as described in Subsection
512 77-38b-203(3)(c);
513 (b) information on restitution as described in Subsections 77-38b-203(3)(a) and (b);
514 (c) findings from any screening and any assessment of the defendant conducted under
515 Section 77-18-104;
516 (d) recommendations for treatment for the defendant; and
517 (e) the number of days since the commission of the offense that the defendant has spent
518 in the custody of the jail and the number of days, if any, the defendant was released to a
519 supervised release program or an alternative incarceration program under Section 17-22-5.5.
520 (3) The department or law enforcement agency shall provide the presentence
521 investigation report to the defendant's attorney, or the defendant if the defendant is not
522 represented by counsel, the prosecuting attorney, and the court for review within three working
523 days before the day on which the defendant is sentenced.
524 (4) (a) (i) If there is an alleged inaccuracy in the presentence investigation report that is
525 not resolved by the parties and the department or law enforcement agency before sentencing:
526 (A) the alleged inaccuracy shall be brought to the attention of the court at sentencing;
527 and
528 (B) the court may grant an additional 10 working days after the day on which the
529 alleged inaccuracy is brought to the court's attention to allow the parties and the department to
530 resolve the alleged inaccuracy in the presentence investigation report.
531 (ii) If the court does not grant additional time under Subsection (4)(a)(i)(B), or the
532 alleged inaccuracy cannot be resolved after 10 working days, and if the court finds that there is
533 an inaccuracy in the presentence investigation report, the court shall:
534 (A) enter a written finding as to the relevance and accuracy of the challenged portion of
535 the presentence investigation report; and
536 (B) provide the written finding to the Division of Adult Probation and Parole or the
537 law enforcement agency.
538 (b) The Division of Adult Probation and Parole shall attach the written finding to the
539 presentence investigation report as an addendum.
540 (c) If a party fails to challenge the accuracy of the presentence investigation report at
541 the time of sentencing, the matter shall be considered waived.
542 (5) The contents of the presentence investigation report are protected and not available
543 except by court order for purposes of sentencing as provided by rule of the Judicial Council or
544 for use by the department or law enforcement agency.
545 (6) (a) A presentence investigation report is classified as protected in accordance with
546 Title 63G, Chapter 2, Government Records Access and Management Act.
547 (b) Notwithstanding Sections 63G-2-403 and 63G-2-404, the State Records Committee
548 may not order the disclosure of a presentence investigation report.
549 (7) Except for disclosure at the time of sentencing in accordance with this section, the
550 department or law enforcement agency may disclose a presentence investigation only when:
551 (a) ordered by the court in accordance with Subsection 63G-2-202(7);
552 (b) requested by a law enforcement agency or other agency approved by the department
553 for purposes of supervision, confinement, and treatment of a defendant;
554 (c) requested by the board;
555 (d) requested by the subject of the presentence investigation report or the subject's
556 authorized representative;
557 (e) requested by the victim of the offense discussed in the presentence investigation
558 report, or the victim's authorized representative, if the disclosure is only information relating
559 to:
560 (i) statements or materials provided by the victim;
561 (ii) the circumstances of the offense, including statements by the defendant; or
562 (iii) the impact of the offense on the victim or the victim's household; or
563 (f) requested by a sex offender treatment provider:
564 (i) who is certified to provide treatment under the certification program established in
565 Subsection 64-13-25(2);
566 (ii) who is providing, at the time of the request, sex offender treatment to the offender
567 who is the subject of the presentence investigation report; and
568 (iii) who provides written assurance to the department that the report:
569 (A) is necessary for the treatment of the defendant;
570 (B) will be used solely for the treatment of the defendant; and
571 (C) will not be disclosed to an individual or entity other than the defendant.
572 (8) (a) At the time of sentence, the court shall receive any testimony, evidence, or
573 information that the defendant or the prosecuting attorney desires to present concerning the
574 appropriate sentence.
575 (b) Testimony, evidence, or information under Subsection (8)(a) shall be presented in
576 open court on record and in the presence of the defendant.
577 (9) The court may not rely solely on an algorithm or a risk assessment tool score in
578 determining the appropriate sentence for a defendant.
579 Section 11. Section 77-18-105 is amended to read:
580 77-18-105. Pleas held in abeyance -- Suspension of a sentence -- Probation --
581 Supervision -- Terms and conditions of probation -- Time periods for probation -- Bench
582 supervision for payments on criminal accounts receivable.
583 (1) If a defendant enters a plea of guilty or no contest in conjunction with a plea in
584 abeyance agreement, the court may hold the plea in abeyance:
585 (a) in accordance with Chapter 2a, Pleas in Abeyance; and
586 (b) under the terms of the plea in abeyance agreement.
587 (2) If a defendant is convicted, the court:
588 (a) shall impose a sentence in accordance with Section 76-3-201; and
589 (b) subject to Subsection (5), may suspend the execution of the sentence and place the
590 defendant:
591 (i) on probation under the supervision of the department;
592 (ii) on probation under the supervision of an agency of a local government or a private
593 organization; or
594 (iii) on court probation under the jurisdiction of the sentencing court.
595 (3) (a) The legal custody of all probationers under the supervision of the department is
596 with the department.
597 (b) The legal custody of all probationers under the jurisdiction of the sentencing court
598 is vested as ordered by the court.
599 (c) The court has continuing jurisdiction over all probationers.
600 (4) (a) Court probation may include an administrative level of services, including
601 notification to the sentencing court of scheduled periodic reviews of the probationer's
602 compliance with conditions.
603 (b) Supervised probation services provided by the department, an agency of a local
604 government, or a private organization shall specifically address the defendant's risk of
605 reoffending as identified by a screening or an assessment.
606 (c) If a court orders supervised probation and determines that a public probation
607 provider is unavailable or inappropriate to supervise the defendant, the court shall make
608 available to the defendant the list of private probation providers prepared by a criminal justice
609 coordinating council under Section 17-55-201.
610 (5) (a) Before ordering supervised probation, the court shall consider the supervision
611 costs to the defendant for each entity that can supervise the defendant.
612 (b) (i) A court may order an agency of a local government to supervise the probation
613 for an individual convicted of any crime if:
614 (A) the agency has the capacity to supervise the individual; and
615 (B) the individual's supervision needs will be met by the agency.
616 (ii) A court may only order:
617 (A) the department to supervise the probation for an individual convicted of a class A
618 misdemeanor or any felony; or
619 (B) a private organization to supervise the probation for an individual convicted of a
620 class A, B, or C misdemeanor or an infraction.
621 (c) A court may not order a specific private organization to supervise an individual
622 unless there is only one private organization that can provide the specific supervision services
623 required to meet the individual's supervision needs.
624 (6) (a) If a defendant is placed on probation, the court may order the defendant as a
625 condition of the defendant's probation:
626 (i) to provide for the support of persons for whose support the defendant is legally
627 liable;
628 (ii) to participate in available treatment programs, including any treatment program in
629 which the defendant is currently participating if the program is acceptable to the court;
630 (iii) be voluntarily admitted to the custody of the Division of Substance Abuse and
631 Mental Health for treatment at the Utah State Hospital in accordance with Section 77-18-106;
632 (iv) if the defendant is on probation for a felony offense, to serve a period of time as an
633 initial condition of probation that does not exceed one year in a county jail designated by the
634 department, after considering any recommendation by the court as to which jail the court finds
635 most appropriate;
636 (v) to serve a term of home confinement in accordance with Section 77-18-107;
637 (vi) to participate in compensatory service programs, including the compensatory
638 service program described in Section 76-3-410;
639 (vii) to pay for the costs of investigation, probation, or treatment services;
640 (viii) to pay restitution to a victim with interest in accordance with Chapter 38b, Crime
641 Victims Restitution Act; or
642 (ix) to comply with other terms and conditions the court considers appropriate to
643 ensure public safety or increase a defendant's likelihood of success on probation.
644 (b) (i) Notwithstanding Subsection (6)(a)(iv), the court may modify the probation of a
645 defendant to include a period of time that is served in a county jail immediately before the
646 termination of probation as long as that period of time does not exceed one year.
647 (ii) If a defendant is ordered to serve time in a county jail as a sanction for a probation
648 violation, the one-year limitation described in Subsection (6)(a)(iv) or (6)(b)(i) does not apply
649 to the period of time that the court orders the defendant to serve in a county jail under this
650 Subsection (6)(b)(ii).
651 (7) (a) Except as provided in Subsection (7)(b), probation of an individual placed on
652 probation after December 31, 2018:
653 (i) may not exceed the individual's maximum sentence;
654 (ii) shall be for a period of time that is in accordance with the supervision length
655 guidelines established by the Utah Sentencing Commission under Section 63M-7-404, to the
656 extent the guidelines are consistent with the requirements of the law; and
657 (iii) shall be terminated in accordance with the supervision length guidelines
658 established by the Utah Sentencing Commission under Section 63M-7-404, to the extent the
659 guidelines are consistent with the requirements of the law.
660 (b) Probation of an individual placed on probation after December 31, 2018, whose
661 maximum sentence is one year or less, may not exceed 36 months.
662 (c) Probation of an individual placed on probation on or after October 1, 2015, but
663 before January 1, 2019, may be terminated at any time at the discretion of the court or upon
664 completion without violation of 36 months probation in felony or class A misdemeanor cases,
665 12 months in cases of class B or C misdemeanors or infractions, or as allowed in accordance
666 with Section 64-13-21 regarding earned credits.
667 (d) This Subsection (7) does not apply to the probation of an individual convicted of an
668 offense for criminal nonsupport under Section 76-7-201.
669 (8) (a) Notwithstanding Subsection (7), if there is an unpaid balance of the criminal
670 accounts receivable for the defendant upon termination of the probation period for the
671 defendant under Subsection (7), the court may require the defendant to continue to make
672 payments towards the criminal accounts receivable in accordance with the payment schedule
673 established by the court under Section 77-32b-103.
674 (b) A court may not require the defendant to make payments as described in Subsection
675 (8)(a) beyond the expiration of the defendant's sentence.
676 (c) If the court requires a defendant to continue to pay in accordance with the payment
677 schedule for the criminal accounts receivable under this Subsection (8) and the defendant
678 defaults on the criminal accounts receivable, the court shall proceed with an order for a civil
679 judgment of restitution and a civil accounts receivable for the defendant as described in Section
680 77-18-114.
681 (d) (i) Upon a motion from the prosecuting attorney, the victim, or upon the court's
682 own motion, the court may require a defendant to show cause as to why the defendant's failure
683 to pay in accordance with the payment schedule should not be treated as contempt of court.
684 (ii) A court may hold a defendant in contempt for failure to make payments for a
685 criminal accounts receivable in accordance with Title 78B, Chapter 6, Part 3, Contempt.
686 (e) This Subsection (8) does not apply to the probation of an individual convicted of an
687 offense for criminal nonsupport under Section 76-7-201.
688 (9) When making any decision regarding probation[
689 (a) the court shall consider information provided by the Department of Corrections
690 regarding a defendant's individual case action plan, including any progress the defendant has
691 made in satisfying the case action plan's completion requirements[
692 (b) the court may not rely solely on an algorithm or a risk assessment tool score.
693 Section 12. Section 77-20-205 is amended to read:
694 77-20-205. Pretrial release by a magistrate or judge.
695 (1) (a) At the time that a magistrate issues a warrant of arrest, or finds there is probable
696 cause to support the individual's arrest under Rule 9 of the Utah Rules of Criminal Procedure,
697 the magistrate shall issue a temporary pretrial status order that:
698 (i) releases the individual on the individual's own recognizance during the time the
699 individual awaits trial or other resolution of criminal charges;
700 (ii) designates a condition, or a combination of conditions, to be imposed upon the
701 individual's release during the time the individual awaits trial or other resolution of criminal
702 charges; or
703 (iii) orders the individual be detained during the time the individual awaits trial or
704 other resolution of criminal charges.
705 (b) At the time that a magistrate issues a summons, the magistrate may issue a
706 temporary pretrial status order that:
707 (i) releases the individual on the individual's own recognizance during the time the
708 individual awaits trial or other resolution of criminal charges; or
709 (ii) designates a condition, or a combination of conditions, to be imposed upon the
710 individual's release during the time the individual awaits trial or other resolution of criminal
711 charges.
712 (2) (a) Except as provided in Subsection (2)(b), the magistrate or judge shall issue a
713 pretrial status order at an individual's first appearance before the court.
714 (b) The magistrate or judge may delay the issuance of a pretrial status order at an
715 individual's first appearance before the court:
716 (i) until a pretrial detention hearing is held if a prosecuting attorney makes a motion for
717 pretrial detention as described in Section 77-20-206;
718 (ii) if a party requests a delay; or
719 (iii) if there is good cause to delay the issuance.
720 (c) If a magistrate or judge delays the issuance of a pretrial status order under
721 Subsection (2)(b), the magistrate or judge shall extend the temporary pretrial status order until
722 the issuance of a pretrial status order.
723 (3) (a) When a magistrate or judge issues a pretrial status order, the pretrial status order
724 shall:
725 (i) release the individual on the individual's own recognizance during the time the
726 individual awaits trial or other resolution of criminal charges;
727 (ii) designate a condition, or a combination of conditions, to be imposed upon the
728 individual's release during the time the individual awaits trial or other resolution of criminal
729 charges; or
730 (iii) order the individual to be detained during the time that individual awaits trial or
731 other resolution of criminal charges.
732 (b) In making a determination about pretrial release in a pretrial status order, the
733 magistrate or judge may not give any deference to a magistrate's decision in a temporary
734 pretrial status order.
735 (4) In making a determination about pretrial release, a magistrate or judge shall impose
736 only conditions of release that are reasonably available and necessary to reasonably ensure:
737 (a) the individual's appearance in court when required;
738 (b) the safety of any witnesses or victims of the offense allegedly committed by the
739 individual;
740 (c) the safety and welfare of the public; and
741 (d) that the individual will not obstruct, or attempt to obstruct, the criminal justice
742 process.
743 (5) Except as provided in Subsection (6), a magistrate or judge may impose a
744 condition, or combination of conditions, for pretrial release that requires an individual to:
745 (a) not commit a federal, state, or local offense during the period of pretrial release;
746 (b) avoid contact with a victim of the alleged offense;
747 (c) avoid contact with a witness who:
748 (i) may testify concerning the alleged offense; and
749 (ii) is named in the pretrial status order;
750 (d) not consume alcohol or any narcotic drug or other controlled substance unless
751 prescribed by a licensed medical practitioner;
752 (e) submit to drug or alcohol testing;
753 (f) complete a substance abuse evaluation and comply with any recommended
754 treatment or release program;
755 (g) submit to electronic monitoring or location device tracking;
756 (h) participate in inpatient or outpatient medical, behavioral, psychological, or
757 psychiatric treatment;
758 (i) maintain employment or actively seek employment if unemployed;
759 (j) maintain or commence an education program;
760 (k) comply with limitations on where the individual is allowed to be located or the
761 times that the individual shall be, or may not be, at a specified location;
762 (l) comply with specified restrictions on personal associations, place of residence, or
763 travel;
764 (m) report to a law enforcement agency, pretrial services program, or other designated
765 agency at a specified frequency or on specified dates;
766 (n) comply with a specified curfew;
767 (o) forfeit or refrain from possession of a firearm or other dangerous weapon;
768 (p) if the individual is charged with an offense against a child, limit or prohibit access
769 to any location or occupation where children are located, including any residence where
770 children are on the premises, activities where children are involved, locations where children
771 congregate, or where a reasonable person would know that children congregate;
772 (q) comply with requirements for house arrest;
773 (r) return to custody for a specified period of time following release for employment,
774 schooling, or other limited purposes;
775 (s) remain in custody of one or more designated individuals who agree to:
776 (i) supervise and report on the behavior and activities of the individual; and
777 (ii) encourage compliance with all court orders and attendance at all required court
778 proceedings;
779 (t) comply with a financial condition; or
780 (u) comply with any other condition that is reasonably available and necessary to
781 ensure compliance with Subsection (4).
782 (6) (a) If a county or municipality has established a pretrial services program, the
783 magistrate or judge shall consider the services that the county or municipality has identified as
784 available in determining what conditions of release to impose.
785 (b) The magistrate or judge may not order conditions of release that would require the
786 county or municipality to provide services that are not currently available from the county or
787 municipality.
788 (c) Notwithstanding Subsection (6)(a), the magistrate or judge may impose conditions
789 of release not identified by the county or municipality so long as the condition does not require
790 assistance or resources from the county or municipality.
791 (7) (a) If the magistrate or judge determines that a financial condition, other than an
792 unsecured bond, is necessary to impose as a condition of release, the magistrate or judge shall
793 consider the individual's ability to pay when determining the amount of the financial condition.
794 (b) If the magistrate or judge determines that a financial condition is necessary to
795 impose as a condition of release, and a county jail official fixed a financial condition for the
796 individual under Section 77-20-204, the magistrate or judge may not give any deference to:
797 (i) the county jail official's action to fix a financial condition; or
798 (ii) the amount of the financial condition that the individual was required to pay for
799 pretrial release.
800 (c) If a magistrate or judge orders a financial condition as a condition of release, the
801 judge or magistrate shall set the financial condition at a single amount per case.
802 (8) In making a determination about pretrial release, the magistrate or judge may:
803 (a) rely upon information contained in:
804 (i) the indictment or information;
805 (ii) any sworn or probable cause statement or other information provided by law
806 enforcement;
807 (iii) a pretrial risk assessment;
808 (iv) an affidavit of indigency described in Section 78B-22-201.5;
809 (v) witness statements or testimony;
810 (vi) the results of a lethality assessment completed in accordance with Section
811 77-36-2.1; or
812 (vii) any other reliable record or source, including proffered evidence; and
813 (b) consider:
814 (i) the nature and circumstances of the offense, or offenses, that the individual was
815 arrested for, or charged with, including:
816 (A) whether the offense is a violent offense; and
817 (B) the vulnerability of a witness or alleged victim;
818 (ii) the nature and circumstances of the individual, including the individual's:
819 (A) character;
820 (B) physical and mental health;
821 (C) family and community ties;
822 (D) employment status or history;
823 (E) financial resources;
824 (F) past criminal conduct;
825 (G) history of drug or alcohol abuse; and
826 (H) history of timely appearances at required court proceedings;
827 (iii) the potential danger to another individual, or individuals, posed by the release of
828 the individual;
829 (iv) whether the individual was on probation, parole, or release pending an upcoming
830 court proceeding at the time the individual allegedly committed the offense or offenses;
831 (v) the availability of:
832 (A) other individuals who agree to assist the individual in attending court when
833 required; or
834 (B) supervision of the individual in the individual's community;
835 (vi) the eligibility and willingness of the individual to participate in various treatment
836 programs, including drug treatment; or
837 (vii) other evidence relevant to the individual's likelihood of fleeing or violating the
838 law if released.
839 (9) The magistrate or judge may not base a determination about pretrial release solely:
840 (a) on the seriousness or type of offense that the individual is arrested for or charged
841 with, unless the individual is arrested for or charged with a capital felony[
842 (b) on an algorithm or a risk assessment tool score.
843 (10) An individual arrested for violation of a jail release agreement, or a jail release
844 court order, issued in accordance with Section 78B-7-802:
845 (a) may not be released before the individual's first appearance before a magistrate or
846 judge; and
847 (b) may be denied pretrial release by the magistrate or judge.
848 Section 13. Section 77-27-5 is amended to read:
849 77-27-5. Board of Pardons and Parole authority.
850 (1) (a) Subject to this chapter and other laws of the state, and except for a conviction
851 for treason or impeachment, the board shall determine by majority decision when and under
852 what conditions an offender's conviction may be pardoned or commuted.
853 (b) The Board of Pardons and Parole shall determine by majority decision when and
854 under what conditions an offender committed to serve a sentence at a penal or correctional
855 facility, which is under the jurisdiction of the department, may:
856 (i) be released upon parole;
857 (ii) have a fine or forfeiture remitted;
858 (iii) have the offender's criminal accounts receivable remitted in accordance with
859 Section 77-32b-105 or 77-32b-106;
860 (iv) have the offender's payment schedule modified in accordance with Section
861 77-32b-103; or
862 (v) have the offender's sentence terminated.
863 (c) The board shall prioritize public safety when making a determination under
864 Subsection (1)(a) or (1)(b).
865 (d) (i) The board may sit together or in panels to conduct hearings.
866 (ii) The chair shall appoint members to the panels in any combination and in
867 accordance with rules made in accordance with Title 63G, Chapter 3, Utah Administrative
868 Rulemaking Act, by the board.
869 (iii) The chair may participate on any panel and when doing so is chair of the panel.
870 (iv) The chair of the board may designate the chair for any other panel.
871 (e) (i) Except after a hearing before the board, or the board's appointed examiner, in an
872 open session, the board may not:
873 (A) remit a fine or forfeiture for an offender or the offender's criminal accounts
874 receivable;
875 (B) release the offender on parole; or
876 (C) commute, pardon, or terminate an offender's sentence.
877 (ii) An action taken under this Subsection (1) other than by a majority of the board
878 shall be affirmed by a majority of the board.
879 (f) A commutation or pardon may be granted only after a full hearing before the board.
880 (2) (a) In the case of any hearings, timely prior notice of the time and location of the
881 hearing shall be given to the offender.
882 (b) The county or district attorney's office responsible for prosecution of the case, the
883 sentencing court, and law enforcement officials responsible for the defendant's arrest and
884 conviction shall be notified of any board hearings through the board's website.
885 (c) Whenever possible, the victim or the victim's representative, if designated, shall be
886 notified of original hearings and any hearing after that if notification is requested and current
887 contact information has been provided to the board.
888 (d) (i) Notice to the victim or the victim's representative shall include information
889 provided in Section 77-27-9.5, and any related rules made by the board under that section.
890 (ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
891 reasonable for the lay person to understand.
892 (3) (a) A decision by the board is final and not subject for judicial review if the
893 decision is regarding:
894 (i) a pardon, parole, commutation, or termination of an offender's sentence;
895 (ii) the modification of an offender's payment schedule for restitution; or
896 (iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
897 (b) Deliberative processes are not public and the board is exempt from Title 52,
898 Chapter 4, Open and Public Meetings Act, when the board is engaged in the board's
899 deliberative process.
900 (c) Pursuant to Subsection 63G-2-103(25)(b)(xi), records of the deliberative process
901 are exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
902 (d) Unless it will interfere with a constitutional right, deliberative processes are not
903 subject to disclosure, including discovery.
904 (e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
905 (4) (a) This chapter may not be construed as a denial of or limitation of the governor's
906 power to grant respite or reprieves in all cases of convictions for offenses against the state,
907 except treason or conviction on impeachment.
908 (b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
909 next session of the Board of Pardons and Parole.
910 (c) At the next session of the board, the board:
911 (i) shall continue or terminate the respite or reprieve; or
912 (ii) may commute the punishment or pardon the offense as provided.
913 (d) In the case of conviction for treason, the governor may suspend execution of the
914 sentence until the case is reported to the Legislature at the Legislature's next session.
915 (e) The Legislature shall pardon or commute the sentence or direct the sentence's
916 execution.
917 (5) (a) In determining when, where, and under what conditions an offender serving a
918 sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the offender's
919 criminal accounts receivable remitted, or have the offender's sentence commuted or terminated,
920 the board shall:
921 (i) consider whether the offender has made restitution ordered by the court under
922 Section 77-38b-205, or is prepared to pay restitution as a condition of any parole, pardon,
923 remission of a criminal accounts receivable or a fine or forfeiture, or a commutation or
924 termination of the offender's sentence;
925 (ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
926 making determinations under this Subsection (5);
927 (iii) consider information provided by the Department of Corrections regarding an
928 offender's individual case action plan; and
929 (iv) review an offender's status within 60 days after the day on which the board
930 receives notice from the Department of Corrections that the offender has completed all of the
931 offender's case action plan components that relate to activities that can be accomplished while
932 the offender is imprisoned.
933 (b) The board shall determine whether to remit an offender's criminal accounts
934 receivable under this Subsection (5) in accordance with Section 77-32b-105 or 77-32b-106.
935 (6) In determining whether parole may be terminated, the board shall consider:
936 (a) the offense committed by the parolee; and
937 (b) the parole period under Section 76-3-202, and in accordance with Section
938 77-27-13.
939 (7) For an offender placed on parole after December 31, 2018, the board shall
940 terminate parole in accordance with the supervision length guidelines established by the Utah
941 Sentencing Commission under Section 63M-7-404, to the extent the guidelines are consistent
942 with the requirements of the law.
943 (8) The board may not rely solely on an algorithm or a risk assessment tool score in
944 determining whether parole should be granted or terminated for an offender.
945 Section 14. Section 78A-2-109.5 is amended to read:
946 78A-2-109.5. Court data collection and reporting.
947 (1) As used in this section, "commission" means the Commission on Criminal and
948 Juvenile Justice created in Section 63M-7-201.
949 (2) The Administrative Office of the Courts shall submit the following information to
950 the commission for each criminal case filed with the court:
951 (a) case number;
952 (b) the defendant's:
953 (i) full name;
954 (ii) offense tracking number; and
955 (iii) date of birth;
956 (c) charges filed;
957 (d) initial appearance date;
958 (e) bail amount set by the court, if any;
959 (f) whether the defendant was represented by a public defender, private counsel, or pro
960 se; [
961 (g) whether the defendant had previously been convicted of an offense;
962 [
963 (i) if the defendant is convicted, the defendant's total score for any pretrial risk
964 assessment used by a magistrate or judge in making a determination about pretrial release as
965 described in Section 77-20-205.
966 (3) (a) The Administrative Office of the Courts shall submit the information described
967 in Subsection (2) to the commission on the 15th day of July and January of each year for the
968 previous six-month period ending the last day of June and December of each year in the form
969 and manner selected by the commission.
970 (b) If the last day of the month is a Saturday, Sunday, or state holiday, the
971 Administrative Office of the Courts shall submit the information described in Subsection (2) to
972 the commission on the next working day.
973 (4) Before July 1 of each year, the Administrative Office of the Courts shall submit the
974 following data on cases involving individuals charged with class A misdemeanors and felonies,
975 broken down by judicial district, to the commission for each preceding calendar year:
976 (a) the number of cases in which a preliminary hearing is set and placed on the court
977 calendar;
978 (b) the median and range of the number of times that a preliminary hearing is continued
979 in cases in which a preliminary hearing is set and placed on the court calendar;
980 (c) the number of cases, and the average time to disposition for those cases, in which
981 only written statements from witnesses are submitted as probable cause at the preliminary
982 hearing;
983 (d) the number of cases, and the average time to disposition for those cases, in which
984 written statements and witness testimony are submitted as probable cause at the preliminary
985 hearing;
986 (e) the number of cases, and the average time to disposition for those cases, in which
987 only witness testimony is submitted as probable cause at the preliminary hearing; and
988 (f) the number of cases in which a preliminary hearing is held and the defendant is
989 bound over for trial.
990 (5) The commission shall include the data collected under Subsection (4) in the
991 commission's annual report described in Section 63M-7-205.
992 Section 15. Effective date.
993 This bill takes effect on May 1, 2024.