1     
INDIGENT DEFENSE FUNDING AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to the 24-7 sobriety program.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the Department of Public Safety to waive participation and testing fees
13     entirely or in part for indigent individuals participating in the 24-7 sobriety
14     program;
15          ▸     requires an individual for whom the department waived fees to reimburse the
16     department under certain circumstances; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          41-6a-505, as last amended by Laws of Utah 2023, Chapters 328, 415
25          41-6a-515.5, as last amended by Laws of Utah 2021, Chapter 83
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 41-6a-505 is amended to read:
29          41-6a-505. Sentencing requirements for driving under the influence of alcohol,
30     drugs, or a combination of both violations.
31          (1) As part of any sentence for a first conviction of Section 41-6a-502 where there is
32     admissible evidence that the individual had a blood or breath alcohol level of .16 or higher, had
33     a blood or breath alcohol level of .05 or higher in addition to any measurable controlled
34     substance, or had a combination of two or more controlled substances in the individual's body
35     that were not recommended in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid
36     Research and Medical Cannabis, or prescribed:
37          (a) the court shall:
38          (i) (A) impose a jail sentence of not less than five days; or
39          (B) impose a jail sentence of not less than two days in addition to home confinement of
40     not fewer than 30 consecutive days through the use of electronic monitoring that includes a
41     substance abuse testing instrument in accordance with Section 41-6a-506;
42          (ii) order the individual to participate in a screening;
43          (iii) order the individual to participate in an assessment, if it is found appropriate by a
44     screening under Subsection (1)(a)(ii);
45          (iv) order the individual to participate in an educational series if the court does not
46     order substance abuse treatment as described under Subsection (1)(b);
47          (v) impose a fine of not less than $700;
48          (vi) order probation for the individual in accordance with Section 41-6a-507;
49          (vii) (A) order the individual to pay the administrative impound fee described in
50     Section 41-6a-1406; or
51          (B) if the administrative impound fee was paid by a party described in Subsection
52     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
53     reimburse the party;
54          (viii) (A) order the individual to pay the towing and storage fees described in Section
55     72-9-603; or
56          (B) if the towing and storage fees were paid by a party described in Subsection
57     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
58     reimburse the party; or

59          (ix) unless the court determines and states on the record that an ignition interlock
60     system is not necessary for the safety of the community and in the best interest of justice, order
61     the installation of an ignition interlock system as described in Section 41-6a-518; and
62          (b) the court may:
63          (i) order the individual to obtain substance abuse treatment if the substance abuse
64     treatment program determines that substance abuse treatment is appropriate;
65          (ii) order the individual to participate in a [24/7] 24-7 sobriety program as defined in
66     Section 41-6a-515.5 if the individual is 21 years old or older; or
67          (iii) order a combination of Subsections (1)(b)(i) and (ii).
68          (2) (a) If an individual described in Subsection (1) is participating in a [24/7] 24-7
69     sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence
70     imposed under Subsection (1)(a).
71          (b) If an individual described in Subsection (1) fails to successfully complete all of the
72     requirements of the [24/7] 24-7 sobriety program, the court shall impose the suspended jail
73     sentence described in Subsection (2)(a).
74          (3) As part of any sentence for any first conviction of Section 41-6a-502 not described
75     in Subsection (1):
76          (a) the court shall:
77          (i) (A) impose a jail sentence of not less than two days; or
78          (B) require the individual to work in a compensatory-service work program for not less
79     than 48 hours;
80          (ii) order the individual to participate in a screening;
81          (iii) order the individual to participate in an assessment, if it is found appropriate by a
82     screening under Subsection (3)(a)(ii);
83          (iv) order the individual to participate in an educational series if the court does not
84     order substance abuse treatment as described under Subsection (3)(b);
85          (v) impose a fine of not less than $700;
86          (vi) (A) order the individual to pay the administrative impound fee described in Section
87     41-6a-1406; or
88          (B) if the administrative impound fee was paid by a party described in Subsection
89     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to

90     reimburse the party; or
91          (vii) (A) order the individual to pay the towing and storage fees described in Section
92     72-9-603; or
93          (B) if the towing and storage fees were paid by a party described in Subsection
94     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
95     reimburse the party; and
96          (b) the court may:
97          (i) order the individual to obtain substance abuse treatment if the substance abuse
98     treatment program determines that substance abuse treatment is appropriate;
99          (ii) order probation for the individual in accordance with Section 41-6a-507;
100          (iii) order the individual to participate in a [24/7] 24-7 sobriety program as defined in
101     Section 41-6a-515.5 if the individual is 21 years old or older; or
102          (iv) order a combination of Subsections (3)(b)(i) through (iii).
103          (4) (a) If an individual described in Subsection (3) is participating in a [24/7] 24-7
104     sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence
105     imposed under Subsection (3)(a).
106          (b) If an individual described in Subsection (4)(a) fails to successfully complete all of
107     the requirements of the [24/7] 24-7 sobriety program, the court shall impose the suspended jail
108     sentence described in Subsection (4)(a).
109          (5) If an individual has a prior conviction as defined in Section 41-6a-501 that is within
110     10 years of the current conviction under Section 41-6a-502 or the commission of the offense
111     upon which the current conviction is based and where there is admissible evidence that the
112     individual had a blood or breath alcohol level of .16 or higher, had a blood or breath alcohol
113     level of .05 or higher in addition to any measurable controlled substance, or had a combination
114     of two or more controlled substances in the individual's body that were not recommended in
115     accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or
116     prescribed:
117          (a) the court shall:
118          (i) (A) impose a jail sentence of not less than 20 days;
119          (B) impose a jail sentence of not less than 10 days in addition to home confinement of
120     not fewer than 60 consecutive days through the use of electronic monitoring that includes a

121     substance abuse testing instrument in accordance with Section 41-6a-506; or
122          (C) impose a jail sentence of not less than 10 days in addition to ordering the
123     individual to obtain substance abuse treatment, if the court finds that substance abuse treatment
124     is more likely to reduce recidivism and is in the interests of public safety;
125          (ii) order the individual to participate in a screening;
126          (iii) order the individual to participate in an assessment, if it is found appropriate by a
127     screening under Subsection (5)(a)(ii);
128          (iv) order the individual to participate in an educational series if the court does not
129     order substance abuse treatment as described under Subsection (5)(b);
130          (v) impose a fine of not less than $800;
131          (vi) order probation for the individual in accordance with Section 41-6a-507;
132          (vii) order the installation of an ignition interlock system as described in Section
133     41-6a-518;
134          (viii) (A) order the individual to pay the administrative impound fee described in
135     Section 41-6a-1406; or
136          (B) if the administrative impound fee was paid by a party described in Subsection
137     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
138     reimburse the party; or
139          (ix) (A) order the individual to pay the towing and storage fees described in Section
140     72-9-603; or
141          (B) if the towing and storage fees were paid by a party described in Subsection
142     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
143     reimburse the party; and
144          (b) the court may:
145          (i) order the individual to obtain substance abuse treatment if the substance abuse
146     treatment program determines that substance abuse treatment is appropriate;
147          (ii) order the individual to participate in a [24/7] 24-7 sobriety program as defined in
148     Section 41-6a-515.5 if the individual is 21 years old or older; or
149          (iii) order a combination of Subsections (5)(b)(i) and (ii).
150          (6) (a) If an individual described in Subsection (5) is participating in a [24/7] 24-7
151     sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence

152     imposed under Subsection (5)(a) after the individual has served a minimum of:
153          (i) five days of the jail sentence for a second offense; or
154          (ii) 10 days of the jail sentence for a third or subsequent offense.
155          (b) If an individual described in Subsection (6)(a) fails to successfully complete all of
156     the requirements of the [24/7] 24-7 sobriety program, the court shall impose the suspended jail
157     sentence described in Subsection (6)(a).
158          (7) If an individual has a prior conviction as defined in Section 41-6a-501 that is within
159     10 years of the current conviction under Section 41-6a-502 or the commission of the offense
160     upon which the current conviction is based and that does not qualify under Subsection (5):
161          (a) the court shall:
162          (i) (A) impose a jail sentence of not less than 10 days; or
163          (B) impose a jail sentence of not less than 5 days in addition to home confinement of
164     not fewer than 30 consecutive days through the use of electronic monitoring that includes a
165     substance abuse testing instrument in accordance with Section 41-6a-506;
166          (ii) order the individual to participate in a screening;
167          (iii) order the individual to participate in an assessment, if it is found appropriate by a
168     screening under Subsection (7)(a)(ii);
169          (iv) order the individual to participate in an educational series if the court does not
170     order substance abuse treatment as described under Subsection (7)(b);
171          (v) impose a fine of not less than $800;
172          (vi) order probation for the individual in accordance with Section 41-6a-507;
173          (vii) (A) order the individual to pay the administrative impound fee described in
174     Section 41-6a-1406; or
175          (B) if the administrative impound fee was paid by a party described in Subsection
176     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
177     reimburse the party; or
178          (viii) (A) order the individual to pay the towing and storage fees described in Section
179     72-9-603; or
180          (B) if the towing and storage fees were paid by a party described in Subsection
181     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
182     reimburse the party; and

183          (b) the court may:
184          (i) order the individual to obtain substance abuse treatment if the substance abuse
185     treatment program determines that substance abuse treatment is appropriate;
186          (ii) order the individual to participate in a [24/7] 24-7 sobriety program as defined in
187     Section 41-6a-515.5 if the individual is 21 years old or older; or
188          (iii) order a combination of Subsections (7)(b)(i) and (ii).
189          (8) (a) If an individual described in Subsection (7) is participating in a [24/7] 24-7
190     sobriety program as defined in Section 41-6a-515.5, the court may suspend the jail sentence
191     imposed under Subsection (7)(a) after the individual has served a minimum of:
192          (i) five days of the jail sentence for a second offense; or
193          (ii) 10 days of the jail sentence for a third or subsequent offense.
194          (b) If an individual described in Subsection (8)(a) fails to successfully complete all of
195     the requirements of the [24/7] 24-7 sobriety program, the court shall impose the suspended jail
196     sentence described in Subsection (8)(a).
197          (9) Under Subsection 41-6a-502(2)(c), if the court suspends the execution of a prison
198     sentence and places the defendant on probation where there is admissible evidence that the
199     individual had a blood or breath alcohol level of .16 or higher, had a blood or breath alcohol
200     level of .05 in addition to any measurable controlled substance, or had a combination of two or
201     more controlled substances in the [person's] individual's body that were not recommended in
202     accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research Medical Cannabis, or
203     prescribed, the court shall impose:
204          (a) a fine of not less than $1,500;
205          (b) a jail sentence of not less than 120 days;
206          (c) home confinement of not fewer than 120 consecutive days through the use of
207     electronic monitoring that includes a substance abuse testing instrument in accordance with
208     Section 41-6a-506; and
209          (d) supervised probation.
210          (10) (a) For Subsection (9) or Subsection 41-6a-502(2)(c)(i), the court:
211          (i) shall impose an order requiring the individual to obtain a screening and assessment
212     for alcohol and substance abuse, and treatment as appropriate; and
213          (ii) may impose an order requiring the individual to participate in a [24/7] 24-7 sobriety

214     program as defined in Section 41-6a-515.5 if the individual is 21 years old or older.
215          (b) If an individual described in Subsection (10)(a)(ii) fails to successfully complete all
216     of the requirements of the [24/7] 24-7 sobriety program, the court shall impose the suspended
217     prison sentence described in Subsection (9).
218          (11) Under Subsection 41-6a-502(2)(c), if the court suspends the execution of a prison
219     sentence and places the defendant on probation with a sentence not described in Subsection (9),
220     the court shall impose:
221          (a) a fine of not less than $1,500;
222          (b) a jail sentence of not less than 60 days;
223          (c) home confinement of not fewer than 60 consecutive days through the use of
224     electronic monitoring that includes a substance abuse testing instrument in accordance with
225     Section 41-6a-506; and
226          (d) supervised probation.
227          (12) (a) (i) Except as described in Subsection (12)(a)(ii), a court may not suspend the
228     requirements of this section.
229          (ii) A court may suspend requirements as described in Subsection (2), (4), (6), or (8).
230          (b) A court, with stipulation of both parties and approval from the judge, may convert a
231     jail sentence required in this section to electronic home confinement.
232          (c) A court may order a jail sentence imposed as a condition of misdemeanor probation
233     under this section to be served in multiple two-day increments at weekly intervals if the court
234     determines that separate jail increments are necessary to ensure the defendant can serve the
235     statutorily required jail term and maintain employment.
236          (13) If an individual is convicted of a violation of Section 41-6a-502 and there is
237     admissible evidence that the individual had a blood or breath alcohol level of .16 or higher, the
238     court shall order the following, or describe on record why the order or orders are not
239     appropriate:
240          (a) treatment as described under Subsection (1)(b), (3)(b), (5)(b), or (7)(b); and
241          (b) one or more of the following:
242          (i) the installation of an ignition interlock system as a condition of probation for the
243     individual in accordance with Section 41-6a-518;
244          (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring

245     device or remote alcohol monitor as a condition of probation for the individual; or
246          (iii) the imposition of home confinement through the use of electronic monitoring in
247     accordance with Section 41-6a-506.
248          Section 2. Section 41-6a-515.5 is amended to read:
249          41-6a-515.5. Sobriety program for DUI.
250          (1) As used in this section:
251          (a) "24-7 sobriety program" means a 24 hours a day, seven days a week sobriety and
252     drug monitoring program that:
253          (i) requires an individual to abstain from alcohol or drugs for a period of time;
254          (ii) requires an individual to submit to random drug testing; and
255          (iii) requires the individual to be subject to testing to determine the presence of
256     alcohol:
257          (A) twice a day at a central location where timely sanctions may be applied;
258          (B) by continuous remote sensing or transdermal alcohol monitoring by means of an
259     electronic monitoring device that allows timely sanctions to be applied; or
260          (C) by an alternate method that is approved by the National Highway Traffic Safety
261     Administration.
262          (b) (i) "Testing" means a procedure for determining the presence and level of alcohol
263     or a drug in an individual's breath or body fluid, including blood, urine, saliva, or perspiration.
264          (ii) "Testing" includes any combination of the use of:
265          (A) remote and in-person breath testing;
266          (B) drug patch testing;
267          (C) urinalysis testing;
268          (D) saliva testing;
269          (E) continuous remote sensing;
270          (F) transdermal alcohol monitoring; or
271          (G) alternate body fluids approved for testing by the commissioner of the department.
272          (2) The department may establish a 24-7 sobriety program with a law enforcement
273     agency that is able to meet the 24-7 sobriety program qualifications and requirements under
274     this section.
275          (3) (a) The 24-7 sobriety program shall include use of multiple testing methodologies

276     for the presence of alcohol or drugs that:
277          (i) best facilitates the ability to apply timely sanctions for noncompliance;
278          (ii) is available at an affordable cost; and
279          (iii) provides for positive, behavioral reinforcement for program compliance.
280          (b) The commissioner shall consider the following factors to determine which testing
281     methodologies are best suited for each participant:
282          (i) whether a device is available;
283          (ii) whether the participant is capable of paying the fees and costs associated with each
284     testing methodology;
285          (iii) travel requirements based on each testing methodology and the participant's
286     circumstances;
287          (iv) the substance or substances for which testing will be required; and
288          (v) other factors the commissioner considers relevant.
289          (4) (a) The 24-7 sobriety program shall be supported by evidence of effectiveness and
290     satisfy at least two of the following categories:
291          (i) the program is included in the federal registry of evidence-based programs and
292     practices;
293          (ii) the program has been reported in a peer-reviewed journal as having positive effects
294     on the primary targeted outcome; or
295          (iii) the program has been documented as effective by informed experts and other
296     sources.
297          (b) If a law enforcement agency participates in a 24-7 sobriety program, the department
298     shall assist in the creation and administration of the program in the manner provided in this
299     section.
300          (c) A 24-7 sobriety program shall have at least one testing location and two daily
301     testing times approximately 12 hours apart.
302          (d) [A person] An individual who is ordered by a judge to participate in the 24-7
303     sobriety program for a first conviction as defined in Subsection 41-6a-501(2) shall be required
304     to participate in a 24-7 sobriety program for at least 30 days.
305          (e) If [a person] an individual who is ordered by a judge to participate in the 24-7
306     sobriety program has a prior conviction as defined in Subsection 41-6a-501(2) that is within 10

307     years of the current conviction under Section 41-6a-502 or the commission of the offense upon
308     which the current conviction is based, the [person] individual shall be required to participate in
309     a 24-7 sobriety program for at least one year.
310          (5) (a) If a law enforcement agency participates in a 24-7 sobriety program, the law
311     enforcement agency may designate an entity to provide the testing services or to take any other
312     action required or authorized to be provided by the law enforcement agency pursuant to this
313     section, except that the law enforcement agency's designee may not determine whether an
314     individual is required to participate in the 24-7 sobriety program.
315          (b) Subject to the requirement in Subsection (4)(c), the law enforcement agency shall
316     establish the testing locations and times for the county.
317          (6) (a) The commissioner of the department shall establish a data management
318     technology plan for data collection on 24-7 sobriety program participants.
319          (b) All required data related to participants in the 24-7 sobriety program shall be
320     received into the data management technology plan.
321          (c) The data collected under this Subsection (6) is owned by the state.
322          (7) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
323     the department shall make rules to implement this section.
324          (b) The rules under Subsection (7)(a) shall:
325          (i) provide for the nature and manner of testing and the procedures and apparatus to be
326     used for testing;
327          (ii) establish reasonable participation and testing fees for the program, including the
328     collection of fees to pay the cost of installation, monitoring, and deactivation of any testing
329     device;
330          (iii) establish a process for determining indigency for purposes of waiving all or some
331     participation and testing fees in accordance with Subsection (8);
332          [(iii)] (iv) require and provide for the approval of a 24-7 sobriety program data
333     management technology plan that shall be used by the department and participating law
334     enforcement agencies to manage testing, data access, fees and fee payments, and any required
335     reports; and
336          [(iv)] (v) establish a model sanctioning schedule for program noncompliance.
337          (8) (a) The department shall waive participation and testing fees entirely or in part for

338     indigent individuals as defined in Section 78B-22-102.
339          (b) The department may periodically adjust participation and testing fees to offset lost
340     program revenue resulting from any fee waivers.
341          (c) Any individual for whom the department waived fees under this Subsection (8)
342     shall reimburse the department for any waived fees if:
343          (i) the individual fails to successfully complete all of the requirements of the 24-7
344     sobriety program; or
345          (ii) during the individual's participation in the program, the department determines the
346     individual is no longer indigent.
347          Section 3. Effective date.
348          This bill takes effect on May 1, 2024.