This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 21, 2024 at 9:52 AM by lpoole.
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8 LONG TITLE
9 General Description:
10 This bill amends provisions regarding the State Commission on Criminal and Juvenile
11 Justice.
12 Highlighted Provisions:
13 This bill:
14 ▸ adjusts the number of members on:
15 • the State Commission on Criminal and Juvenile Justice; and
16 • the sentencing commission;
17 ▸ amends the duties of the Sentencing Commission;
18 ▸ requires the Legislature to approve the sentencing and supervision length guidelines
19 and the juvenile disposition guidelines developed by the State Commission on
20 Criminal and Juvenile Justice; and
21 ▸ makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides a coordination clause.
26 Utah Code Sections Affected:
27 AMENDS:
28 36-29-108, as last amended by Laws of Utah 2023, Chapter 112
29 63M-7-102, as enacted by Laws of Utah 2023, Chapter 177
30 63M-7-202, as last amended by Laws of Utah 2023, Chapter 150
31 63M-7-204, as last amended by Laws of Utah 2023, Chapters 158, 330, 382, and 500
32 63M-7-402, as last amended by Laws of Utah 2020, Chapter 154
33 63M-7-405, as last amended by Laws of Utah 2022, Chapter 274
34 63M-7-406, as renumbered and amended by Laws of Utah 2008, Chapter 382
35 64-13-6, as last amended by Laws of Utah 2023, Chapter 177
36 64-13-14.5, as last amended by Laws of Utah 2015, Chapter 412
37 64-13-21, as last amended by Laws of Utah 2022, Chapter 187
38 64-13g-102, as last amended by Laws of Utah 2023, Chapter 177
39 76-3-202, as last amended by Laws of Utah 2022, Chapter 181
40 76-5-102.1, as last amended by Laws of Utah 2023, Chapters 111, 415
41 76-5-207, as last amended by Laws of Utah 2023, Chapter 415
42 77-2a-2, as last amended by Laws of Utah 2020, Chapter 281
43 77-18-105, as last amended by Laws of Utah 2023, Chapters 111, 257
44 77-18-108, as last amended by Laws of Utah 2023, Chapter 113
45 77-27-5, as last amended by Laws of Utah 2023, Chapters 151, 173
46 77-27-10, as last amended by Laws of Utah 2022, Chapter 430
47 77-27-11, as last amended by Laws of Utah 2022, Chapter 115
48 77-27-32, as enacted by Laws of Utah 2023, Chapter 151
49 80-6-307, as renumbered and amended by Laws of Utah 2021, Chapter 261
50 80-6-607, as renumbered and amended by Laws of Utah 2021, Chapter 261
51 ENACTS:
52 63M-7-101.5, Utah Code Annotated 1953
53 63M-7-401.1, Utah Code Annotated 1953
54 63M-7-402.5, Utah Code Annotated 1953
55 63M-7-404.1, Utah Code Annotated 1953
56 63M-7-404.3, Utah Code Annotated 1953
57 63M-7-404.5, Utah Code Annotated 1953
58 RENUMBERS AND AMENDS:
59 63M-7-401.2, (Renumbered from 63M-7-401, as last amended by Laws of Utah 2021,
60 Chapter 173)
61 REPEALS:
62 63M-7-403, as renumbered and amended by Laws of Utah 2008, Chapter 382
63 63M-7-404, as last amended by Laws of Utah 2023, Chapter 111
64 Utah Code Sections Affected By Coordination Clause:
65 63M-7-404.3, as Utah Code Annotated 1953
66
67 Be it enacted by the Legislature of the state of Utah:
68 Section 1. Section 36-29-108 is amended to read:
69 36-29-108. Criminal Code Evaluation Task Force.
70 (1) As used in this section, "task force" means the Criminal Code Evaluation Task
71 Force created in this section.
72 (2) There is created the Criminal Code Evaluation Task Force consisting of the
73 following 15 members:
74 (a) three members of the Senate appointed by the president of the Senate, no more than
75 two of whom may be from the same political party;
76 (b) three members of the House of Representatives appointed by the speaker of the
77 House of Representatives, no more than two of whom may be from the same political party;
78 (c) the executive director of the State Commission on Criminal and Juvenile Justice or
79 the executive director's designee;
80 (d) the executive director of the [
81 director's designee;
82 (e) one member appointed by the presiding officer of the Utah Judicial Council;
83 (f) one member of the Utah Prosecution Council appointed by the chair of the Utah
84 Prosecution Council;
85 (g) the executive director of the Department of Corrections or the executive director's
86 designee;
87 (h) the commissioner of the Department of Public Safety or the commissioner's
88 designee;
89 (i) the director of the Utah Office for Victims of Crime or the director's designee;
90 (j) an individual who represents an association of criminal defense attorneys, appointed
91 by the president of the Senate; and
92 (k) an individual who represents an association of victim advocates, appointed by the
93 speaker of the House of Representatives.
94 (3) (a) The president of the Senate shall designate a member of the Senate appointed
95 under Subsection (2)(a) as a cochair of the task force.
96 (b) The speaker of the House of Representatives shall designate a member of the House
97 of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
98 (4) (a) A majority of the members of the task force constitutes a quorum.
99 (b) The action of a majority of a quorum constitutes an action of the task force.
100 (5) (a) Salaries and expenses of the members of the task force who are legislators shall
101 be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
102 Legislator Compensation.
103 (b) A member of the task force who is not a legislator:
104 (i) may not receive compensation for the member's work associated with the task force;
105 and
106 (ii) may receive per diem and reimbursement for travel expenses incurred as a member
107 of the task force at the rates established by the Division of Finance under Sections 63A-3-106
108 and 63A-3-107.
109 (6) The Office of Legislative Research and General Counsel shall provide staff support
110 to the task force.
111 (7) The task force shall review the state's criminal code and related statutes and make
112 recommendations regarding:
113 (a) the proper classification of crimes by degrees of felony and misdemeanor;
114 (b) standardizing the format of criminal statutes; and
115 (c) other modifications related to the criminal code and related statutes.
116 (8) On or before November 30 of each year that the task force is in effect, the task
117 force shall provide a report, including any proposed legislation, to:
118 (a) the Law Enforcement and Criminal Justice Interim Committee; and
119 (b) the Legislative Management Committee.
120 (9) The task force is repealed July 1, 2028.
121 Section 2. Section 63M-7-101.5 is enacted to read:
122 63M-7-101.5. Definitions for chapter.
123 As used in this chapter:
124 (1) "Commission" means the State Commission on Criminal and Juvenile Justice
125 created in Section 63M-7-201.
126 (2) "Desistance" means an individual's abstinence from further criminal activity after a
127 previous criminal conviction.
128 (3) "Intervention" means a program, sanction, supervision, or event that may impact
129 recidivism.
130 (4) "Recidivism" means a return to criminal activity after a previous criminal
131 conviction.
132 (5) "Recidivism standard metric" means the number of individuals who are returned to
133 prison for a new conviction within the three years after the day on which the individuals were
134 released from prison.
135 Section 3. Section 63M-7-102 is amended to read:
136 63M-7-102. Recidivism metrics -- Reporting.
137 [
138 [
139
140 [
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142 [
143
144 [
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146 [
147
148
149 [
150 and Parole, when reporting data on statewide recidivism, shall include data reflecting the
151 recidivism standard metric.
152 (b) (i) On or before August 1, 2024, the commission shall reevaluate the recidivism
153 standard metric to determine whether new data streams allow for a broader definition, which
154 may include criminal convictions that do not include prison time.
155 (ii) On or before November 1, 2024, the commission shall report to the Law
156 Enforcement and Criminal Justice Interim Committee:
157 (A) the result of the reevaluation described in Subsection [
158 (B) other recommendations regarding standardized recidivism metrics.
159 [
160 reflecting available recidivism, intervention, or desistance data.
161 [
162 recidivism data to the commission:
163 (a) shall include:
164 (i) a clear description of the eligible individuals, including:
165 (A) the criminal population being evaluated for recidivism; and
166 (B) the interventions that are being evaluated;
167 (ii) a clear description of the beginning and end of the evaluation period; and
168 (iii) a clear description of the events that are considered as a recidivism-triggering
169 event; and
170 (b) may include supplementary data including:
171 (i) the length of time that elapsed before a recidivism-triggering event described in
172 Subsection [
173 (ii) the severity of a recidivism-triggering event described in Subsection [
174 (3)(a)(iii);
175 (iii) measures of personal well-being, education, employment, housing, health, family
176 or social support, civic or community engagement, or legal involvement; or
177 (iv) other desistance metrics that may capture an individual's behavior following the
178 individual's release from an intervention.
179 [
180 (a) the evaluation period described in Subsection [
181 and
182 (b) a recidivism-triggering event under Subsection [
183 (i) an arrest;
184 (ii) an admission to prison;
185 (iii) a criminal charge; or
186 (iv) a criminal conviction.
187 Section 4. Section 63M-7-202 is amended to read:
188 63M-7-202. Composition -- Appointments -- Ex officio members -- Terms --
189 United States Attorney as nonvoting member.
190 (1) The State Commission on Criminal and Juvenile Justice is composed of [
191 voting members as follows:
192 [
193
194 [
195 [
196 director's designee;
197 [
198 executive director's designee;
199 [
200 designee;
201 [
202 [
203 by the association's president;
204 [
205 association's president;
206 [
207 Pardons and Parole designated by the chair;
208 [
209 Sentencing Commission designated by the chair;
210 [
211
212
213 [
214
215 Committee or a member of the Juvenile Justice Oversight Committee Ŝ→ designated by the chair
215a ←Ŝ ;
216 [
217 Victim Services Commission designated by the chair;
218 [
219
220 [
221
222 [
223 Defense Commission [
224
225 [
226
227 [
228 [
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232 [
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234 [
235 (m) a criminal prosecutor, appointed by the Statewide Association of Public Attorneys
236 and Prosecutors;
237 (n) a criminal defense attorney, appointed by the Utah Association of Criminal Defense
238 Lawyers;
239 (o) the executive director of the commission;
240 (p) an education professional, appointed by the State Board of Education; and
241 (q) the director of the Division of Juvenile Justice and Youth Services or the director's
242 designee.
243 [
244
245 [
246
247 [
248
249 [
250 [
251 [
252
253 [
254
255
256 [
257 serve as non-voting members:
258 (a) a district court judge appointed by the Judicial Council; and
259 (b) a juvenile court judge appointed by the Judicial Council.
260 (3) In appointing the members under [
261 [
262 commission.
263 Section 5. Section 63M-7-204 is amended to read:
264 63M-7-204. Duties of commission.
265 (1) The State Commission on Criminal and Juvenile Justice administration shall:
266 (a) promote the commission's purposes as enumerated in Section 63M-7-201;
267 (b) promote the communication and coordination of all criminal and juvenile justice
268 agencies;
269 (c) study, evaluate, and report on the status of crime in the state and on the
270 effectiveness of criminal justice policies, procedures, and programs that are directed toward the
271 reduction of crime in the state;
272 (d) study, evaluate, and report on programs initiated by state and local agencies to
273 address reducing recidivism, including changes in penalties and sentencing guidelines intended
274 to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
275 evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
276 alternative to incarceration, as resources allow;
277 (e) study, evaluate, and report on policies, procedures, and programs of other
278 jurisdictions which have effectively reduced crime;
279 (f) identify and promote the implementation of specific policies and programs the
280 commission determines will significantly reduce crime in Utah;
281 (g) provide analysis and recommendations on all criminal and juvenile justice
282 legislation, state budget, and facility requests, including program and fiscal impact on all
283 components of the criminal and juvenile justice system;
284 (h) provide analysis, accountability, recommendations, and supervision for state and
285 federal criminal justice grant money;
286 (i) provide public information on the criminal and juvenile justice system and give
287 technical assistance to agencies or local units of government on methods to promote public
288 awareness;
289 (j) promote research and program evaluation as an integral part of the criminal and
290 juvenile justice system;
291 (k) provide a comprehensive criminal justice plan annually;
292 (l) review agency forecasts regarding future demands on the criminal and juvenile
293 justice systems, including specific projections for secure bed space;
294 (m) promote the development of criminal and juvenile justice information systems that
295 are consistent with common standards for data storage and are capable of appropriately sharing
296 information with other criminal justice information systems by:
297 (i) developing and maintaining common data standards for use by all state criminal
298 justice agencies;
299 (ii) annually performing audits of criminal history record information maintained by
300 state criminal justice agencies to assess their accuracy, completeness, and adherence to
301 standards;
302 (iii) defining and developing state and local programs and projects associated with the
303 improvement of information management for law enforcement and the administration of
304 justice; and
305 (iv) establishing general policies concerning criminal and juvenile justice information
306 systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
307 Subsection (1)(m);
308 (n) allocate and administer grants, from money made available, for approved education
309 programs to help prevent the sexual exploitation of children;
310 (o) allocate and administer grants for law enforcement operations and programs related
311 to reducing illegal drug activity and related criminal activity;
312 (p) request, receive, and evaluate data and recommendations collected and reported by
313 agencies and contractors related to policies recommended by the commission regarding
314 recidivism reduction, including the data described in Section 13-53-111 and Subsection
315 26B-5-102(2)(l);
316 (q) establish and administer a performance incentive grant program that allocates funds
317 appropriated by the Legislature to programs and practices implemented by counties that reduce
318 recidivism and reduce the number of offenders per capita who are incarcerated;
319 (r) oversee or designate an entity to oversee the implementation of juvenile justice
320 reforms;
321 (s) make rules and administer the juvenile holding room standards and juvenile jail
322 standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
323 pursuant to 42 U.S.C. Sec. 5633;
324 (t) allocate and administer grants, from money made available, for pilot qualifying
325 education programs;
326 (u) oversee the trauma-informed justice program described in Section 63M-7-209;
327 (v) request, receive, and evaluate the aggregate data collected from prosecutorial
328 agencies and the Administrative Office of the Courts, in accordance with Sections 63M-7-216
329 and 78A-2-109.5;
330 (w) report annually to the Law Enforcement and Criminal Justice Interim Committee
331 on the progress made on each of the following goals of the Justice Reinvestment Initiative:
332 (i) ensuring oversight and accountability;
333 (ii) supporting local corrections systems;
334 (iii) improving and expanding reentry and treatment services; and
335 (iv) strengthening probation and parole supervision;
336 (x) compile a report of findings based on the data and recommendations provided
337 under Section 13-53-111 and Subsection 26B-5-102(2)(n) that:
338 (i) separates the data provided under Section 13-53-111 by each residential, vocational
339 and life skills program; and
340 (ii) separates the data provided under Subsection 26B-5-102(2)(n) by each mental
341 health or substance use treatment program;
342 (y) publish the report described in Subsection (1)(x) on the commission's website and
343 annually provide the report to the Judiciary Interim Committee, the Health and Human Services
344 Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
345 related appropriations subcommittees ; and
346 (z) receive, compile, and publish on the commission's website the data provided under:
347 (i) Section 53-23-101;
348 (ii) Section 53-24-102; and
349 (iii) Section 53-26-101.
350 (2) If the commission designates an entity under Subsection (1)(r), the commission
351 shall ensure that the membership of the entity includes representation from the three branches
352 of government and, as determined by the commission, representation from relevant stakeholder
353 groups across all parts of the juvenile justice system, including county representation.
354 (3) In fulfilling the commission's duties under Subsection (1), the commission may
355 seek input and request assistance from groups with knowledge and expertise in criminal justice,
356 including other boards and commissions affiliated or housed within the commission.
357 Section 6. Section 63M-7-401.1 is enacted to read:
358 63M-7-401.1. Definitions for part.
359 As used in this part:
360 (1) "Adjudication" means an adjudication, as that term is defined in Section 80-1-102,
361 of an offense under Section 80-6-701.
362 (2) "Adult sentencing and supervision length guidelines" means the guidelines
363 established in Section 63M-7-404.3.
364 (3) "Civil disability" means a legal right or privilege that is revoked as a result of the
365 individual's conviction or adjudication.
366 (4) "Collateral consequence" means:
367 (a) a discretionary disqualification; or
368 (b) a mandatory sanction.
369 (5) "Conviction" means the same as that term is defined in Section 77-38b-102.
370 (6) "Disadvantage" means any legal or regulatory restriction that:
371 (a) is imposed on an individual as a result of the individual's conviction or
372 adjudication; and
373 (b) is not a civil disability or a legal penalty.
374 (7) "Discretionary disqualification" means a penalty, a civil disability, or a
375 disadvantage that a court in a civil proceeding, or a federal, state, or local government agency
376 or official, may impose on an individual as a result of the individual's adjudication or
377 conviction for an offense regardless of whether the penalty, the civil disability, or the
378 disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage.
379 (8) "Juvenile" means a minor as defined in Section 80-1-102.
380 (9) "Juvenile disposition guidelines" means the guidelines established in Section
381 63M-7-404.5.
382 (10) "Mandatory sanction" means a penalty, a civil disability, or a disadvantage that:
383 (a) is imposed on an individual as a result of the individual's adjudication or conviction
384 for an offense regardless of whether the penalty, the civil disability, or the disadvantage is
385 specifically designated as a penalty, a civil disability, or a disadvantage; and
386 (b) is not included in the judgment for the adjudication or conviction.
387 (11) "Master offense list" means a document that contains all offenses that exist in
388 statute and each offense's associated penalty.
389 (12) "Offense" means a felony, a misdemeanor, an infraction, or an adjudication under
390 the laws of this state, another state, or the United States.
391 (13) "Penalty" means an administrative, civil, or criminal sanction imposed to punish
392 the individual for the individual's conviction or adjudication.
393 (14) "Sentencing commission" means the sentencing commission created in Section
394 63M-7-401.2.
395 Section 7. Section 63M-7-401.2, which is renumbered from Section 63M-7-401 is
396 renumbered and amended to read:
397 [
398 Qualifications.
399 (1) There is created [
400 the sentencing commission, within the commission, that is composed of [
401 (2) The [
402 (a) develop by-laws and rules in compliance with Title 63G, Chapter 3, Utah
403 Administrative Rulemaking Act[
404 (b) elect the sentencing commission's officers.
405 [
406 [
407
408 [
409
410 [
411
412 [
413
414 [
415
416 designee;
417 [
418
419 [
420 [
421
422 [
423 [
424
425 [
426
427 [
428 [
429 (f) a criminal defense attorney, appointed by the Utah Association of Criminal Defense
430 Lawyers;
431 (g) an indigent defense attorney, appointed by the Indigent Defense Commission;
432 (h) the attorney general or [
433 general's designee;
434 [
435 Attorneys and Prosecutors;
436 [
437
438 [
439 [
440 [
441 rehabilitation of [
442 [
443
444 [
445
446 [
447 [
448
449 (l) the chair of the Utah Victim Services Commission or a member of the Utah Victim
450 Services Commission designated by the chair;
451 (m) Ŝ→ [
452 Juvenile Justice designated by the chair
452a member of the Juvenile Justice Oversight Committee designated by the chair ←Ŝ ;
453 (n) a juvenile prosecuting attorney, appointed by the Statewide Association of Public
454 Attorneys and Prosecutors; and
455 (o) a juvenile defense attorney, appointed by the Utah Association of Criminal
456 Defense.
457 (4) In addition to the members described in Subsection (3), the following may serve as
458 non-voting members:
459 (a) a district court judge appointed by the Judicial Council; and
460 (b) a juvenile court judge appointed by the Judicial Council.
461 (5) The executive director of the commission shall hire an executive director of the
462 sentencing commission to administer and manage the sentencing commission.
463 Section 8. Section 63M-7-402 is amended to read:
464 63M-7-402. Terms of members -- Reappointment -- Vacancy.
465 (1) (a) Except as required by Subsection (1)(b), [
466
467 member to a four-year term as the terms of members of the sentencing commission expire.
468 (b) [
469 authority shall, at the time of appointment or reappointment, adjust the length of terms to
470 ensure that the terms of [
471 staggered so that approximately half of the sentencing commission is appointed every two
472 years.
473 (2) If a member of the sentencing commission no longer holds a qualifying position,
474 resigns, or is unable to serve, the appointing authority shall fill the vacancy.
475 [
476 shall be appointed for the unexpired term.
477 Section 9. Section 63M-7-402.5 is enacted to read:
478 63M-7-402.5. Compensation of members.
479 (1) A member of the sentencing commission who is not a legislator may not receive
480 compensation or benefits for the member's service, but may receive per diem and travel
481 expenses as allowed in:
482 (a) Section 63A-3-106;
483 (b) Section 63A-3-107; and
484 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
485 63A-3-107.
486 (2) Compensation and expenses of a member of the sentencing commission who is a
487 legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative
488 Compensation and Expenses.
489 Section 10. Section 63M-7-404.1 is enacted to read:
490 63M-7-404.1. Duties of the sentencing commission.
491 (1) The sentencing commission shall establish and maintain:
492 (a) the adult sentencing and supervision length guidelines described in Section
493 63M-7-404.3;
494 (b) the juvenile disposition guidelines described in Section 63M-7-404.5;
495 (c) a master offense list described in Section 63M-7-405; and
496 (d) a collateral consequences guide described in Section 63M-7-405.
497 (2) The sentencing commission may make recommendations to the Legislature, the
498 governor, and the Judicial Council regarding:
499 (a) the adult sentencing and supervision length guidelines described in Section
500 63M-7-404.3;
501 (b) the juvenile disposition guidelines described in Section 63M-7-404.5;
502 (c) a master offense list described in Section 63M-7-405; and
503 (d) a collateral consequences guide described in Section 63M-7-405.
504 (3) The sentencing commission shall use existing data and resources from state
505 criminal justice agencies in carrying out the duties of the sentencing commission.
506 (4) The sentencing commission shall:
507 (a) provide training and recommendations regarding the adult sentencing and
508 supervision length guidelines, the juvenile disposition guidelines, and other documents
509 maintained by the sentencing commission to the three branches of government, in coordination
510 with the commission; and
511 (b) assist and respond to questions from all three branches of government.
512 (5) (a) The sentencing commission may provide analysis and recommendations to the
513 commission regarding proposed legislation or other policy changes that may impact sentencing,
514 release, or supervision of individuals convicted of crimes.
515 (b) The sentencing commission may not take public positions on proposed legislation
516 or other proposed policy changes by the Legislature.
517 (6) The sentencing commission may employ professional assistance and other staff
518 members that the sentencing commission considers necessary to comply with this part.
519 (7) The sentencing commission shall coordinate with the commission on criminal and
520 juvenile justice issues, budget, and administrative support.
521 The following section is affected by a coordination clause at the end of this bill.
522 Section 11. Section 63M-7-404.3 is enacted to read:
523 63M-7-404.3. Adult sentencing and supervision length guidelines.
524 (1) The sentencing commission shall establish and maintain adult sentencing and
525 supervision length guidelines regarding:
526 (a) the sentencing and release of offenders in order to:
527 (i) respond to public comment;
528 (ii) relate sentencing practices and correctional resources;
529 (iii) increase equity in sentencing;
530 (iv) better define responsibility in sentencing; and
531 (v) enhance the discretion of the sentencing court while preserving the role of the
532 Board of Pardons and Parole;
533 (b) the length of supervision of offenders on probation or parole in order to:
534 (i) respond to public comment;
535 (ii) increase equity in criminal supervision lengths;
536 (iii) relate the length of supervision to an offender's progress;
537 (iv) take into account an offender's risk of offending again;
538 (v) relate the length of supervision to the amount of time an offender has remained
539 under supervision in the community; and
540 (vi) enhance the discretion of the sentencing court while preserving the role of the
541 Board of Pardons and Parole; and
542 (c) appropriate, evidence-based probation and parole supervision policies and services
543 that assist offenders in successfully completing supervision and reduce incarceration rates from
544 community supervision programs while ensuring public safety, including:
545 (i) treatment and intervention completion determinations based on individualized case
546 action plans;
547 (ii) measured and consistent processes for addressing violations of conditions of
548 supervision;
549 (iii) processes that include using positive reinforcement to recognize an offender's
550 progress in supervision;
551 (iv) engaging with social services agencies and other stakeholders who provide
552 services that meet the needs of an offender; and
553 (v) identifying community violations that may not warrant revocation of probation or
554 parole.
555 (2) The sentencing commission shall modify:
556 (a) the adult sentencing and supervision length guidelines to reduce recidivism for the
557 purposes of protecting the public and ensuring efficient use of state funds; and
558 (b) the criminal history score in the adult sentencing and supervision length guidelines
559 to reduce recidivism, including factors in an offender's criminal history that are relevant to the
560 accurate determination of an individual's risk of offending again.
561 Section 12. Section 63M-7-404.5 is enacted to read:
562 63M-7-404.5. Juvenile disposition guidelines.
563 (1) The sentencing commission shall establish and maintain juvenile disposition
564 guidelines that:
565 (a) respond to public comment;
566 (b) relate dispositional practices and rehabilitative resources;
567 (c) increase equity in disposition orders;
568 (d) better define responsibility for disposition orders; and
569 (e) enhance the discretion of the juvenile court while preserving the role of the Youth
570 Parole Authority.
571 (2) The juvenile disposition guidelines shall address how to appropriately respond to
572 negative and positive behavior of juveniles who are:
573 (a) nonjudicially adjusted;
574 (b) placed on diversion;
575 (c) placed on probation;
576 (d) placed on community supervision;
577 (e) placed in an out-of-home placement; or
578 (f) placed in a secure care facility.
579 (3) The juvenile disposition guidelines shall include:
580 (a) other sanctions and incentives including:
581 (i) recommended responses that are swift and certain;
582 (ii) a continuum of community-based options for juveniles living at home;
583 (iii) recommended responses that target the juvenile's criminogenic risk and needs; and
584 (iv) recommended incentives for compliance, including earned discharge credits;
585 (b) a recommendation that, when a juvenile court interacts with a juvenile described in
586 Subsection (2), the juvenile court shall consider:
587 (i) the seriousness of the negative and positive behavior of the juvenile;
588 (ii) the juvenile's conduct postadjudication; and
589 (iii) the juvenile's delinquency history; and
590 (c) appropriate sanctions for a juvenile who commits sexual exploitation of a minor as
591 described in Sections 76-5b-201, or aggravated sexual exploitation of a minor as described in
592 Section 76-5b-201.1, including the application of aggravating and mitigating factors specific to
593 the offense.
594 Section 13. Section 63M-7-405 is amended to read:
595 63M-7-405. Master offense list -- Collateral consequences guide.
596 [
597
598 [
599 [
600 [
601
602 [
603
604 [
605
606
607
608 [
609
610 [
611
612 [
613
614
615 [
616
617 [
618 master offense list.
619 [
620 sentencing commission shall:
621 (i) after the last day of the general legislative session, update the master offense list;
622 and
623 (ii) present the updated master offense list to the Law Enforcement and Criminal
624 Justice Interim Committee.
625 [
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653 (i) identify any provision of state law, including the Utah Constitution, and any
654 administrative rule that imposes a collateral consequence;
655 (ii) prepare and compile a guide that contains all the provisions identified in
656 Subsection [
657 (iii) update the guide described in Subsection [
658 (b) The sentencing commission shall state in the guide described in Subsection [
659 (2)(a) that:
660 (i) the guide has not been enacted into law;
661 (ii) the guide does not have the force of law;
662 (iii) the guide is for informational purposes only;
663 (iv) an error or omission in the guide, or in any reference in the guide:
664 (A) has no effect on a plea, an adjudication, a conviction, a sentence, or a disposition;
665 and
666 (B) does not prevent a collateral consequence from being imposed;
667 (v) any laws or regulations for a county, a municipality, another state, or the United
668 States, imposing a collateral consequence are not included in the guide; and
669 (vi) the guide does not include any provision of state law or any administrative rule
670 imposing a collateral consequence that is enacted on or after March 31 of each year.
671 (c) The sentencing commission shall:
672 (i) place the statements described in Subsection [
673 the beginning of the guide; and
674 (ii) make the guide available to the public on the sentencing commission's website.
675 (d) The sentencing commission shall:
676 (i) present the updated guide described in Subsection [
677 the Law Enforcement and Criminal Justice Interim Committee; and
678 (ii) identify and recommend legislation on collateral consequences to the Law
679 Enforcement and Criminal Justice Interim Committee.
680 Section 14. Section 63M-7-406 is amended to read:
681 63M-7-406. Reports -- Legislative approval -- Publication of reports.
682 (1) (a) On or before October 31 of each year, the commission shall submit the
683 sentencing and supervision length guidelines and juvenile disposition guidelines created in
684 accordance with this section to the Law Enforcement and Criminal Justice Interim Committee
685 and the Judiciary Interim Committee for review, including any legislative recommendations.
686 (b) Beginning January 1, 2025, the Legislature shall annually authorize, by passing a
687 concurrent resolution, the sentencing and supervision length guidelines and the juvenile
688 disposition guidelines submitted in accordance with Subsection (1)(a).
689 (c) The existing sentencing and supervision length guidelines and juvenile disposition
690 guidelines that were approved in accordance with Subsection (1)(b) shall remain in effect until
691 the day on which the Legislature reauthorizes the sentencing and supervision length guidelines
692 and juvenile disposition guidelines as described in Subsection (1)(b).
693 (2) The sentencing commission shall also be authorized to prepare, publish, and
694 distribute from time to time reports of [
695 sentencing commission.
696 Section 15. Section 64-13-6 is amended to read:
697 64-13-6. Department duties.
698 (1) The department shall:
699 (a) protect the public through institutional care and confinement, and supervision in the
700 community of offenders where appropriate;
701 (b) implement court-ordered punishment of offenders;
702 (c) provide evidence-based and evidence-informed program opportunities for offenders
703 designed to reduce offenders' criminogenic and recidivism risks, including behavioral,
704 cognitive, educational, and career-readiness program opportunities;
705 (d) ensure that offender participation in all program opportunities described in
706 Subsection (1)(c) is voluntary;
707 (e) where appropriate, utilize offender volunteers as mentors in the program
708 opportunities described in Subsection (1)(c);
709 (f) provide treatment for sex offenders who are found to be treatable based upon
710 criteria developed by the department;
711 (g) provide the results of ongoing clinical assessment of sex offenders and objective
712 diagnostic testing to sentencing and release authorities;
713 (h) manage programs that take into account the needs and interests of victims, where
714 reasonable;
715 (i) supervise probationers and parolees as directed by statute and implemented by the
716 courts and the Board of Pardons and Parole;
717 (j) subject to Subsection (2), investigate criminal conduct involving offenders
718 incarcerated in a state correctional facility;
719 (k) cooperate and exchange information with other state, local, and federal law
720 enforcement agencies to achieve greater success in prevention and detection of crime and
721 apprehension of criminals;
722 (l) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
723 Offender Supervision;
724 (m) establish a case action plan based on appropriate validated risk, needs, and
725 responsivity assessments for each offender as follows:
726 (i) (A) if an offender is to be supervised in the community, the department shall
727 establish a case action plan for the offender no later than 60 days after the day on which the
728 department's community supervision of the offender begins; and
729 (B) if the offender is committed to the custody of the department, the department shall
730 establish a case action plan for the offender no later than 90 days after the day on which the
731 offender is committed to the custody of the department;
732 (ii) each case action plan shall integrate an individualized, evidence-based, and
733 evidence-informed treatment and program plan with clearly defined completion requirements;
734 (iii) the department shall share each newly established case action plan with the
735 sentencing and release authority within 30 days after the day on which the case action plan is
736 established; and
737 (iv) the department shall share any changes to a case action plan, including any change
738 in an offender's risk assessment, with the sentencing and release authority within 30 days after
739 the day of the change;
740 (n) ensure that any training or certification required of a public official or public
741 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
742 22, State Training and Certification Requirements, if the training or certification is required:
743 (i) under this title;
744 (ii) by the department; or
745 (iii) by an agency or division within the department; and
746 (o) when reporting on statewide recidivism, include the metrics and requirements
747 described in Section 63M-7-102.
748 (2) The department may in the course of supervising probationers and parolees:
749 (a) respond [
750
751 individual's violation of one or more terms of the probation or parole in accordance with the
752 graduated and evidence-based processes established by the adult sentencing and supervision
753 length guidelines, as defined in Section 63M-7-401.1; and
754 (b) upon approval by the court or the Board of Pardons and Parole, impose as a
755 sanction for an individual's violation of the terms of probation or parole a period of
756 incarceration of not more than three consecutive days and not more than a total of five days
757 within a period of 30 days.
758 (3) (a) By following the procedures in Subsection (3)(b), the department may
759 investigate the following occurrences at state correctional facilities:
760 (i) criminal conduct of departmental employees;
761 (ii) felony crimes resulting in serious bodily injury;
762 (iii) death of any person; or
763 (iv) aggravated kidnaping.
764 (b) Before investigating any occurrence specified in Subsection (3)(a), the department
765 shall:
766 (i) notify the sheriff or other appropriate law enforcement agency promptly after
767 ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) has
768 occurred; and
769 (ii) obtain consent of the sheriff or other appropriate law enforcement agency to
770 conduct an investigation involving an occurrence specified in Subsection (3)(a).
771 (4) Upon request, the department shall provide copies of investigative reports of
772 criminal conduct to the sheriff or other appropriate law enforcement agencies.
773 (5) (a) The executive director of the department, or the executive director's designee if
774 the designee possesses expertise in correctional programming, shall consult at least annually
775 with cognitive and career-readiness staff experts from the Utah system of higher education and
776 the State Board of Education to review the department's evidence-based and evidence-informed
777 treatment and program opportunities.
778 (b) Beginning in the 2022 interim, the department shall provide an annual report to the
779 Law Enforcement and Criminal Justice Interim Committee regarding the department's
780 implementation of and offender participation in evidence-based and evidence-informed
781 treatment and program opportunities designed to reduce the criminogenic and recidivism risks
782 of offenders over time.
783 (6) (a) As used in this Subsection (6):
784 (i) "Accounts receivable" means any amount owed by an offender arising from a
785 criminal judgment that has not been paid.
786 (ii) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
787 surcharges, costs, interest, penalties, restitution to victims, third-party claims, claims,
788 reimbursement of a reward, and damages that an offender is ordered to pay.
789 (b) The department shall collect and disburse, with any interest and any other costs
790 assessed under Section 64-13-21, an accounts receivable for an offender during:
791 (i) the parole period and any extension of that period in accordance with Subsection
792 (6)(c); and
793 (ii) the probation period for which the court orders supervised probation and any
794 extension of that period by the department in accordance with Subsection 77-18-105(7).
795 (c) (i) If an offender has an unpaid balance of the offender's accounts receivable at the
796 time that the offender's sentence expires or terminates, the department shall be referred to the
797 sentencing court for the sentencing court to enter a civil judgment of restitution and a civil
798 accounts receivable as described in Section 77-18-114.
799 (ii) If the board makes an order for restitution within 60 days from the day on which
800 the offender's sentence expires or terminates, the board shall refer the order for restitution to
801 the sentencing court to be entered as a civil judgment of restitution as described in Section
802 77-18-114.
803 (d) This Subsection (6) only applies to offenders sentenced before July 1, 2021.
804 Section 16. Section 64-13-14.5 is amended to read:
805 64-13-14.5. Limits of confinement place -- Release status -- Work release.
806 (1) The department may extend the limits of the place of confinement of an inmate
807 when, as established by department policies and procedures, there is cause to believe the
808 inmate will honor the trust, by authorizing the inmate under prescribed conditions:
809 (a) to leave temporarily for purposes specified by department policies and procedures
810 to visit specifically designated places for a period not to exceed 30 days;
811 (b) to participate in a voluntary training program in the community while housed at a
812 correctional facility or to work at paid employment;
813 (c) to be housed in a nonsecure community correctional center operated by the
814 department; or
815 (d) to be housed in any other facility under contract with the department.
816 (2) (a) The department shall establish rules governing offenders on release status.
817 (b) A copy of the rules established under Subsection (2)(a) shall be furnished to the
818 offender and to any employer or other person participating in the offender's release program.
819 (c) Any employer or other participating person shall agree in writing to abide by the
820 rules established under Subsection (2)(a) and to notify the department of the offender's
821 discharge or other release from a release program activity, or of any violation of the rules
822 governing release status.
823 (3) The willful failure of an inmate to remain within the extended limits of his
824 confinement or to return within the time prescribed to an institution or facility designated by
825 the department is an escape from custody.
826 (4) If an offender is arrested for the commission of a crime, the arresting authority shall
827 immediately notify the department of the arrest.
828 (5) The department may impose appropriate sanctions pursuant to Section 64-13-21
829 upon offenders who violate [
830 adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1,
831 including prosecution for escape under Section 76-8-309 and for unauthorized absence.
832 (6) An inmate who is housed at a nonsecure correctional facility and on work release
833 may not be required to work for less than the current federally established minimum wage, or
834 under substandard working conditions.
835 Section 17. Section 64-13-21 is amended to read:
836 64-13-21. Supervision of sentenced offenders placed in community -- Rulemaking
837 -- POST certified parole or probation officers and peace officers -- Duties -- Supervision
838 fee.
839 (1) (a) The department, except as otherwise provided by law, shall supervise sentenced
840 offenders placed in the community on probation by the courts, on parole by the Board of
841 Pardons and Parole, or upon acceptance for supervision under the terms of the Interstate
842 Compact for the Supervision of Parolees and Probationers.
843 (b) If a sentenced offender participates in substance use treatment or a residential,
844 vocational and life skills program, as defined in Section 13-53-102, while under supervision on
845 probation or parole, the department shall monitor the offender's compliance with and
846 completion of the treatment or program.
847 (c) The department shall establish standards for:
848 (i) the supervision of offenders in accordance with [
849
850
851 guidelines, as defined in Section 63M-7-401.1, giving priority, based on available resources, to
852 felony offenders and offenders sentenced under Subsection 58-37-8 (2)(b)(ii); and
853 (ii) the monitoring described in Subsection (1)(b).
854 (2) The department shall apply the graduated and evidence-based responses established
855 [
856 guidelines, as defined in Section 63M-7-401.1, to facilitate a prompt and appropriate response
857 to an individual's violation of the terms of probation or parole, including:
858 (a) sanctions to be used in response to a violation of the terms of probation or parole;
859 and
860 (b) requesting approval from the court or Board of Pardons and Parole to impose a
861 sanction for an individual's violation of the terms of probation or parole, for a period of
862 incarceration of not more than three consecutive days and not more than a total of five days
863 within a period of 30 days.
864 (3) The department shall implement a program of graduated incentives as established
865 [
866 guidelines, as defined in Section 63M-7-401.1, to facilitate the department's prompt and
867 appropriate response to an offender's:
868 (a) compliance with the terms of probation or parole; or
869 (b) positive conduct that exceeds those terms.
870 (4) (a) The department shall, in collaboration with the State Commission on Criminal
871 and Juvenile Justice and the Division of Substance Abuse and Mental Health, create standards
872 and procedures for the collection of information, including cost savings related to recidivism
873 reduction and the reduction in the number of inmates, related to the use of the graduated and
874 evidence-based responses and graduated incentives, and offenders' outcomes.
875 (b) The collected information shall be provided to the State Commission on Criminal
876 and Juvenile Justice not less frequently than annually on or before August 31.
877 (5) Employees of the department who are POST certified as law enforcement officers
878 or correctional officers and who are designated as parole and probation officers by the
879 executive director have the following duties:
880 (a) monitoring, investigating, and supervising a parolee's or probationer's compliance
881 with the conditions of the parole or probation agreement;
882 (b) investigating or apprehending any offender who has escaped from the custody of
883 the department or absconded from supervision;
884 (c) supervising any offender during transportation; or
885 (d) collecting DNA specimens when the specimens are required under Section
886 53-10-404.
887 (6) (a) (i) A monthly supervision fee of $30 shall be collected from each offender on
888 probation or parole.
889 (ii) The fee described in Subsection (6)(a)(i) may be suspended or waived by the
890 department upon a showing by the offender that imposition would create a substantial hardship
891 or if the offender owes restitution to a victim.
892 (b) (i) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
893 Administrative Rulemaking Act, specifying the criteria for suspension or waiver of the
894 supervision fee and the circumstances under which an offender may request a hearing.
895 (ii) In determining whether the imposition of the supervision fee would constitute a
896 substantial hardship, the department shall consider the financial resources of the offender and
897 the burden that the fee would impose, with regard to the offender's other obligations.
898 (7) (a) For offenders placed on probation under Section 77-18-105 or parole under
899 Subsection 76-3-202(2)(a) on or after October 1, 2015, but before January 1, 2019, the
900 department shall establish a program allowing an offender to earn credits for the offender's
901 compliance with the terms of the offender's probation or parole, which shall be applied to
902 reducing the period of probation or parole as provided in this Subsection (7).
903 (b) The program shall provide that an offender earns a reduction credit of 30 days from
904 the offender's period of probation or parole for each month the offender completes without any
905 violation of the terms of the offender's probation or parole agreement, including the case action
906 plan.
907 (c) The department shall maintain a record of credits earned by an offender under this
908 Subsection (7) and shall request from the court or the Board of Pardons and Parole the
909 termination of probation or parole not fewer than 30 days prior to the termination date that
910 reflects the credits earned under this Subsection (7).
911 (d) This Subsection (7) does not prohibit the department from requesting a termination
912 date earlier than the termination date established by earned credits under Subsection (7)(c).
913 (e) The court or the Board of Pardons and Parole shall terminate an offender's
914 probation or parole upon completion of the period of probation or parole accrued by time
915 served and credits earned under this Subsection (7) unless the court or the Board of Pardons
916 and Parole finds that termination would interrupt the completion of a necessary treatment
917 program, in which case the termination of probation or parole shall occur when the treatment
918 program is completed.
919 (f) The department shall report annually to the State Commission on Criminal and
920 Juvenile Justice on or before August 31:
921 (i) the number of offenders who have earned probation or parole credits under this
922 Subsection (7) in one or more months of the preceding fiscal year and the percentage of the
923 offenders on probation or parole during that time that this number represents;
924 (ii) the average number of credits earned by those offenders who earned credits;
925 (iii) the number of offenders who earned credits by county of residence while on
926 probation or parole;
927 (iv) the cost savings associated with sentencing reform programs and practices; and
928 (v) a description of how the savings will be invested in treatment and
929 early-intervention programs and practices at the county and state levels.
930 Section 18. Section 64-13g-102 is amended to read:
931 64-13g-102. Adult Probation and Parole Employment Incentive Program.
932 (1) There is created the Adult Probation and Parole Employment Incentive Program.
933 (2) The department and the office shall implement the program in accordance with the
934 requirements of this chapter.
935 (3) Beginning July 2026, and each July after 2026, the department shall calculate and
936 report to the office, for the preceding fiscal year, for each region and statewide:
937 (a) the parole employment rate and the average length of employment of individuals on
938 parole;
939 (b) the probation employment rate and average length of employment of individuals on
940 felony probation;
941 (c) the recidivism percentage, using applicable recidivism metrics described in
942 Subsections [
943 (d) the number and percentage of individuals who successfully complete parole or
944 felony probation;
945 (e) if the recidivism percentage described in Subsection (3)(c) represents a decrease in
946 the recidivism percentage when compared to the fiscal year immediately preceding the fiscal
947 year to which the recidivism percentage described in Subsection (3)(c) relates, the estimated
948 costs of incarceration savings to the state, based on the marginal cost of incarceration;
949 (f) the number of individuals who successfully complete parole and, during the entire
950 six months before the day on which the individuals' parole ends, held eligible employment; and
951 (g) the number of individuals who successfully complete felony probation and, during
952 the entire six months before the day on which the individuals' parole ended, held eligible
953 employment.
954 (4) In addition to the information described in Subsection (3), the department shall
955 report, for each region, the number and types of parole or probation programs that were
956 created, replaced, or discontinued during the preceding fiscal year.
957 (5) After receiving the information described in Subsections (3) and (4), the office, in
958 consultation with the department, shall, for each region:
959 (a) add the region's baseline parole employment rate and the region's baseline probation
960 employment rate;
961 (b) add the region's parole employment rate and the region's probation employment
962 rate;
963 (c) subtract the sum described in Subsection (5)(a) from the sum described in
964 Subsection (5)(b); and
965 (d) (i) if the rate difference described in Subsection (5)(c) is zero or less than zero,
966 assign an employment incentive payment of zero to the region; or
967 (ii) except as provided in Subsection (7), if the rate difference described in Subsection
968 (5)(c) is greater than zero, assign an employment incentive payment to the region by:
969 (A) multiplying the rate difference by the average daily population for that region; and
970 (B) multiplying the product of the calculation described in Subsection (5)(d)(ii)(A) by
971 $2,500.
972 (6) In addition to the employment incentive payment described in Subsection (5), after
973 receiving the information described in Subsections (3) and (4), the office, in consultation with
974 the department, shall, for each region, multiply the sum of the numbers described in
975 Subsections (3)(f) and (g) for the region by $2,500 to determine the end-of-supervision
976 employment incentive payment for the region.
977 (7) The employment incentive payment, or end-of-supervision employment supervision
978 payment, for a region is zero if the recidivism percentage for the region, described in
979 Subsection (3)(c), represents an increase in the recidivism percentage when compared to the
980 fiscal year immediately preceding the fiscal year to which the recidivism percentage for the
981 region, described in Subsection (3)(c), relates.
982 (8) Upon determining an employment incentive payment for a region in accordance
983 with Subsections (5)(d)(ii), (6), and (7), the office shall authorize distribution, from the
984 restricted account, of the incentive payment as follows:
985 (a) 15% of the payment may be used by the department for expenses related to
986 administering the program; and
987 (b) 85% of the payment shall be used by the region to improve and expand supervision
988 and rehabilitative services to individuals on parole or adult probation, including by:
989 (i) implementing and expanding evidence-based practices for risk and needs
990 assessments for individuals;
991 (ii) implementing and expanding intermediate sanctions, including mandatory
992 community service, home detention, day reporting, restorative justice programs, and furlough
993 programs;
994 (iii) expanding the availability of evidence-based practices for rehabilitation programs,
995 including drug and alcohol treatment, mental health treatment, anger management, cognitive
996 behavior programs, and job training and other employment services;
997 (iv) hiring additional officers, contractors, or other personnel to implement
998 evidence-based practices for rehabilitative and vocational programing;
999 (v) purchasing and adopting new technologies or equipment that are relevant to, and
1000 enhance, supervision, rehabilitation, or vocational training; or
1001 (vi) evaluating the effectiveness of rehabilitation and supervision programs and
1002 ensuring program fidelity.
1003 (9) (a) The report described in Subsections (3) and (4) is a public record.
1004 (b) The department shall maintain a complete and accurate accounting of the payment
1005 and use of funds under this section.
1006 (c) If the money in the restricted account is insufficient to make the full employment
1007 incentive payments or the full end-of-supervision employment incentive payments, the office
1008 shall authorize the payments on a prorated basis.
1009 Section 19. Section 76-3-202 is amended to read:
1010 76-3-202. Paroled individuals -- Termination or discharge from sentence -- Time
1011 served on parole -- Discretion of Board of Pardons and Parole.
1012 (1) [
1013 state prison to serve an indeterminate term and, after December 31, 2018, released on parole
1014 shall complete a term of parole that extends through the expiration of the individual's
1015 maximum sentence unless the parole is earlier terminated by the Board of Pardons and Parole
1016 in accordance with the [
1017
1018 sentencing and supervision length guidelines, as defined in Section 63M-7-401.1, to the extent
1019 the guidelines are consistent with the requirements of the law.
1020 (2) (a) Except as provided in Subsection (2)(b), [
1021 state prison to serve an indeterminate term and released on parole on or after October 1, 2015,
1022 but before January 1, 2019, shall, upon completion of three years on parole outside of
1023 confinement and without violation, be terminated from the individual's sentence unless the
1024 parole is earlier terminated by the Board of Pardons and Parole or is terminated pursuant to
1025 Section 64-13-21.
1026 (b) [
1027 and later released on parole on or after July 1, 2008, but before January 1, 2019, and who was
1028 convicted of [
1029 an attempt, conspiracy, or solicitation to commit [
1030 shall complete a term of parole that extends through the expiration of the individual's
1031 maximum sentence, unless the parole is earlier terminated by the Board of Pardons and Parole.
1032 (3) [
1033 76-5-404, forcible sexual abuse; Section 76-5-404.1, sexual abuse of a child; or Section
1034 76-5-404.3, aggravated sexual abuse of a child; or attempting, conspiring, or soliciting the
1035 commission of a violation of any of those sections, and who is paroled before July 1, 2008,
1036 shall, upon completion of 10 years parole outside of confinement and without violation, be
1037 terminated from the sentence unless the individual is earlier terminated by the Board of
1038 Pardons and Parole.
1039 (4) An individual who violates the terms of parole, while serving parole, for any
1040 offense under Subsection (1), (2), or (3), shall at the discretion of the Board of Pardons and
1041 Parole be recommitted to prison to serve the portion of the balance of the term as determined
1042 by the Board of Pardons and Parole, but not to exceed the maximum term.
1043 (5) An individual paroled following a former parole revocation may not be discharged
1044 from the individual's sentence until:
1045 (a) the individual has served the applicable period of parole under this section outside
1046 of confinement;
1047 (b) the individual's maximum sentence has expired; or
1048 (c) the Board of Pardons and Parole orders the individual to be discharged from the
1049 sentence.
1050 (6) (a) All time served on parole, outside of confinement and without violation,
1051 constitutes service toward the total sentence.
1052 (b) Any time an individual spends outside of confinement after commission of a parole
1053 violation does not constitute service toward the total sentence unless the individual is
1054 exonerated at a parole revocation hearing.
1055 (c) (i) Any time an individual spends in confinement awaiting a hearing before the
1056 Board of Pardons and Parole or a decision by the board concerning revocation of parole
1057 constitutes service toward the total sentence.
1058 (ii) In the case of exoneration by the board, the time spent is included in computing the
1059 total parole term.
1060 (7) When a parolee causes the parolee's absence from the state without authority from
1061 the Board of Pardons and Parole or avoids or evades parole supervision, the period of absence,
1062 avoidance, or evasion tolls the parole period.
1063 (8) (a) While on parole, time spent in confinement outside the state may not be credited
1064 toward the service of any Utah sentence.
1065 (b) Time in confinement outside the state or in the custody of any tribal authority or the
1066 United States government for a conviction obtained in another jurisdiction tolls the expiration
1067 of the Utah sentence.
1068 (9) This section does not preclude the Board of Pardons and Parole from paroling or
1069 discharging an inmate at any time within the discretion of the Board of Pardons and Parole
1070 unless otherwise specifically provided by law.
1071 (10) A parolee sentenced to lifetime parole may petition the Board of Pardons and
1072 Parole for termination of lifetime parole.
1073 Section 20. Section 76-5-102.1 is amended to read:
1074 76-5-102.1. Negligently operating a vehicle resulting in injury.
1075 (1) (a) As used in this section:
1076 (i) "Controlled substance" means the same as that term is defined in Section 58-37-2.
1077 (ii) "Drug" means the same as that term is defined in Section 76-5-207.
1078 (iii) "Negligent" or "negligence" means the same as that term is defined in Section
1079 76-5-207.
1080 (iv) "Vehicle" means the same as that term is defined in Section 41-6a-501.
1081 (b) Terms defined in Section 76-1-101.5 apply to this section.
1082 (2) An actor commits negligently operating a vehicle resulting in injury if the actor:
1083 (a) (i) operates a vehicle in a negligent manner causing bodily injury to another; and
1084 (ii) (A) has sufficient alcohol in the actor's body such that a subsequent chemical test
1085 shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the
1086 time of the test;
1087 (B) is under the influence of alcohol, a drug, or the combined influence of alcohol and
1088 a drug to a degree that renders the actor incapable of safely operating a vehicle; or
1089 (C) has a blood or breath alcohol concentration of .05 grams or greater at the time of
1090 operation; or
1091 (b) (i) operates a vehicle in a criminally negligent manner causing bodily injury to
1092 another; and
1093 (ii) has in the actor's body any measurable amount of a controlled substance.
1094 (3) Except as provided in Subsection (4), a violation of Subsection (2) is:
1095 (a) (i) a class A misdemeanor; or
1096 (ii) a third degree felony if the bodily injury is serious bodily injury; and
1097 (b) a separate offense for each victim suffering bodily injury as a result of the actor's
1098 violation of this section, regardless of whether the injuries arise from the same episode of
1099 driving.
1100 (4) An actor is not guilty of negligently operating a vehicle resulting in injury under
1101 Subsection (2)(b) if:
1102 (a) the controlled substance was obtained under a valid prescription or order, directly
1103 from a practitioner while acting in the course of the practitioner's professional practice, or as
1104 otherwise authorized by Title 58, Occupations and Professions;
1105 (b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
1106 (c) the actor possessed, in the actor's body, a controlled substance listed in Section
1107 58-37-4.2 if:
1108 (i) the actor is the subject of medical research conducted by a holder of a valid license
1109 to possess controlled substances under Section 58-37-6; and
1110 (ii) the substance was administered to the actor by the medical researcher.
1111 (5) (a) A judge imposing a sentence under this section may consider:
1112 (i) the [
1113 sentencing and supervision length guidelines, as defined in Section 63M-7-401.1;
1114 (ii) the defendant's history;
1115 (iii) the facts of the case;
1116 (iv) aggravating and mitigating factors; or
1117 (v) any other relevant fact.
1118 (b) The judge may not impose a lesser sentence than would be required for a conviction
1119 based on the defendant's history under Section 41-6a-505.
1120 (c) The standards for chemical breath analysis under Section 41-6a-515 and the
1121 provisions for the admissibility of chemical test results under Section 41-6a-516 apply to
1122 determination and proof of blood alcohol content under this section.
1123 (d) A calculation of blood or breath alcohol concentration under this section shall be
1124 made in accordance with Subsection 41-6a-502(3).
1125 (e) Except as provided in Subsection (4), the fact that an actor charged with violating
1126 this section is or has been legally entitled to use alcohol or a drug is not a defense.
1127 (f) Evidence of a defendant's blood or breath alcohol content or drug content is
1128 admissible except if prohibited by the Utah Rules of Evidence, the United States Constitution,
1129 or the Utah Constitution.
1130 (g) In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an offense
1131 described in this section may not be held in abeyance.
1132 Section 21. Section 76-5-207 is amended to read:
1133 76-5-207. Negligently operating a vehicle resulting in death -- Penalties --
1134 Evidence.
1135 (1) (a) As used in this section:
1136 (i) "Controlled substance" means the same as that term is defined in Section 58-37-2.
1137 (ii) "Criminally negligent" means the same as that term is described in Subsection
1138 76-2-103(4).
1139 (iii) "Drug" means:
1140 (A) a controlled substance;
1141 (B) a drug as defined in Section 58-37-2; or
1142 (C) a substance that, when knowingly, intentionally, or recklessly taken into the human
1143 body, can impair the ability of an individual to safely operate a vehicle.
1144 (iv) "Negligent" or "negligence" means simple negligence, the failure to exercise that
1145 degree of care that reasonable and prudent persons exercise under like or similar circumstances.
1146 (v) "Vehicle" means the same as that term is defined in Section 41-6a-501.
1147 (b) Terms defined in Section 76-1-101.5 apply to this section.
1148 (2) An actor commits negligently operating a vehicle resulting in death if the actor:
1149 (a) (i) operates a vehicle in a negligent or criminally negligent manner causing the
1150 death of another individual;
1151 (ii) (A) has sufficient alcohol in the actor's body such that a subsequent chemical test
1152 shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the
1153 time of the test;
1154 (B) is under the influence of alcohol, any drug, or the combined influence of alcohol
1155 and any drug to a degree that renders the actor incapable of safely operating a vehicle; or
1156 (C) has a blood or breath alcohol concentration of .05 grams or greater at the time of
1157 operation; or
1158 (b) (i) operates a vehicle in a criminally negligent manner causing death to another; and
1159 (ii) has in the actor's body any measurable amount of a controlled substance.
1160 (3) Except as provided in Subsection (4), an actor who violates Subsection (2) is guilty
1161 of:
1162 (a) a second degree felony; and
1163 (b) a separate offense for each victim suffering death as a result of the actor's violation
1164 of this section, regardless of whether the deaths arise from the same episode of driving.
1165 (4) An actor is not guilty of a violation of negligently operating a vehicle resulting in
1166 death under Subsection (2)(b) if:
1167 (a) the controlled substance was obtained under a valid prescription or order, directly
1168 from a practitioner while acting in the course of the practitioner's professional practice, or as
1169 otherwise authorized by Title 58, Occupations and Professions;
1170 (b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
1171 (c) the actor possessed, in the actor's body, a controlled substance listed in Section
1172 58-37-4.2 if:
1173 (i) the actor is the subject of medical research conducted by a holder of a valid license
1174 to possess controlled substances under Section 58-37-6; and
1175 (ii) the substance was administered to the actor by the medical researcher.
1176 (5) (a) A judge imposing a sentence under this section may consider:
1177 (i) the [
1178 sentencing and supervision length guidelines, as defined in Section 63M-7-401.1;
1179 (ii) the defendant's history;
1180 (iii) the facts of the case;
1181 (iv) aggravating and mitigating factors; or
1182 (v) any other relevant fact.
1183 (b) The judge may not impose a lesser sentence than would be required for a conviction
1184 based on the defendant's history under Section 41-6a-505.
1185 (c) The standards for chemical breath analysis as provided by Section 41-6a-515 and
1186 the provisions for the admissibility of chemical test results as provided by Section 41-6a-516
1187 apply to determination and proof of blood alcohol content under this section.
1188 (d) A calculation of blood or breath alcohol concentration under this section shall be
1189 made in accordance with Subsection 41-6a-502(3).
1190 (e) Except as provided in Subsection (4), the fact that an actor charged with violating
1191 this section is or has been legally entitled to use alcohol or a drug is not a defense.
1192 (f) Evidence of a defendant's blood or breath alcohol content or drug content is
1193 admissible except when prohibited by the Utah Rules of Evidence, the United States
1194 Constitution, or the Utah Constitution.
1195 (g) In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an offense
1196 described in this section may not be held in abeyance.
1197 Section 22. Section 77-2a-2 is amended to read:
1198 77-2a-2. Plea in abeyance agreement -- Negotiation -- Contents -- Terms of
1199 agreement -- Waiver of time for sentencing.
1200 (1) At any time after acceptance of a plea of guilty or no contest but before entry of
1201 judgment of conviction and imposition of sentence, the court may, upon motion of both the
1202 prosecuting attorney and the defendant, hold the plea in abeyance and not enter judgment of
1203 conviction against the defendant nor impose sentence upon the defendant within the time
1204 periods contained in Rule 22(a), Utah Rules of Criminal Procedure.
1205 (2) A defendant shall be represented by counsel during negotiations for a plea in
1206 abeyance and at the time of acknowledgment and affirmation of any plea in abeyance
1207 agreement unless the defendant knowingly and intelligently waives the defendant's right to
1208 counsel.
1209 (3) A defendant has the right to be represented by counsel at any court hearing relating
1210 to a plea in abeyance agreement.
1211 (4) (a) Any plea in abeyance agreement entered into between the prosecution and the
1212 defendant and approved by the court shall include a full, detailed recitation of the requirements
1213 and conditions agreed to by the defendant and the reason for requesting the court to hold the
1214 plea in abeyance.
1215 (b) If the plea is to a felony or any combination of misdemeanors and felonies, the
1216 agreement shall be in writing and shall, before acceptance by the court, be executed by the
1217 prosecuting attorney, the defendant, and the defendant's counsel in the presence of the court.
1218 (5) (a) Except as provided in Subsection (5)(b), a plea may not be held in abeyance for
1219 a period longer than 18 months if the plea is to any class of misdemeanor or longer than three
1220 years if the plea is to any degree of felony or to any combination of misdemeanors and felonies.
1221 (b) (i) For a plea in abeyance agreement that [
1222 Department of Corrections supervises, the plea may not be held in abeyance for a period longer
1223 than the initial term of probation required under the [
1224
1225 63M-7-401.1, if the initial term of probation is shorter than the period required under
1226 Subsection (5)(a).
1227 (ii) Subsection (5)(b)(i) does not:
1228 (A) apply to a plea that is held in abeyance in a drug court created under Title 78A,
1229 Chapter 5, Part 2, Drug Court, or a problem solving court approved by the Judicial Council; or
1230 (B) prohibit court supervision of a plea in abeyance agreement after the day on which
1231 the [
1232 Subsection (5)(b)(i) ends and before the day on which the plea in abeyance agreement ends.
1233 (6) Notwithstanding Subsection (5), a plea may be held in abeyance for up to two years
1234 if the plea is to any class of misdemeanor and the plea in abeyance agreement includes a
1235 condition that the defendant participate in a problem solving court approved by the Judicial
1236 Council.
1237 (7) A plea in abeyance agreement may not be approved unless the defendant, before the
1238 court, and any written agreement, knowingly and intelligently waives time for sentencing as
1239 designated in Rule 22(a), Utah Rules of Criminal Procedure.
1240 Section 23. Section 77-18-105 is amended to read:
1241 77-18-105. Pleas held in abeyance -- Suspension of a sentence -- Probation --
1242 Supervision -- Terms and conditions of probation -- Time periods for probation -- Bench
1243 supervision for payments on criminal accounts receivable.
1244 (1) If a defendant enters a plea of guilty or no contest in conjunction with a plea in
1245 abeyance agreement, the court may hold the plea in abeyance:
1246 (a) in accordance with Chapter 2a, Pleas in Abeyance; and
1247 (b) under the terms of the plea in abeyance agreement.
1248 (2) If a defendant is convicted, the court:
1249 (a) shall impose a sentence in accordance with Section 76-3-201; and
1250 (b) subject to Subsection (5), may suspend the execution of the sentence and place the
1251 defendant:
1252 (i) on probation under the supervision of the department;
1253 (ii) on probation under the supervision of an agency of a local government or a private
1254 organization; or
1255 (iii) on court probation under the jurisdiction of the sentencing court.
1256 (3) (a) The legal custody of all probationers under the supervision of the department is
1257 with the department.
1258 (b) The legal custody of all probationers under the jurisdiction of the sentencing court
1259 is vested as ordered by the court.
1260 (c) The court has continuing jurisdiction over all probationers.
1261 (4) (a) Court probation may include an administrative level of services, including
1262 notification to the sentencing court of scheduled periodic reviews of the probationer's
1263 compliance with conditions.
1264 (b) Supervised probation services provided by the department, an agency of a local
1265 government, or a private organization shall specifically address the defendant's risk of
1266 reoffending as identified by a screening or an assessment.
1267 (c) If a court orders supervised probation and determines that a public probation
1268 provider is unavailable or inappropriate to supervise the defendant, the court shall make
1269 available to the defendant the list of private probation providers prepared by a criminal justice
1270 coordinating council under Section 17-55-201.
1271 (5) (a) Before ordering supervised probation, the court shall consider the supervision
1272 costs to the defendant for each entity that can supervise the defendant.
1273 (b) (i) A court may order an agency of a local government to supervise the probation
1274 for an individual convicted of any crime if:
1275 (A) the agency has the capacity to supervise the individual; and
1276 (B) the individual's supervision needs will be met by the agency.
1277 (ii) A court may only order:
1278 (A) the department to supervise the probation for an individual convicted of a class A
1279 misdemeanor or any felony; or
1280 (B) a private organization to supervise the probation for an individual convicted of a
1281 class A, B, or C misdemeanor or an infraction.
1282 (c) A court may not order a specific private organization to supervise an individual
1283 unless there is only one private organization that can provide the specific supervision services
1284 required to meet the individual's supervision needs.
1285 (6) (a) If a defendant is placed on probation, the court may order the defendant as a
1286 condition of the defendant's probation:
1287 (i) to provide for the support of persons for whose support the defendant is legally
1288 liable;
1289 (ii) to participate in available treatment programs, including any treatment program in
1290 which the defendant is currently participating if the program is acceptable to the court;
1291 (iii) be voluntarily admitted to the custody of the Division of Substance Abuse and
1292 Mental Health for treatment at the Utah State Hospital in accordance with Section 77-18-106;
1293 (iv) if the defendant is on probation for a felony offense, to serve a period of time as an
1294 initial condition of probation that does not exceed one year in a county jail designated by the
1295 department, after considering any recommendation by the court as to which jail the court finds
1296 most appropriate;
1297 (v) to serve a term of home confinement in accordance with Section 77-18-107;
1298 (vi) to participate in compensatory service programs, including the compensatory
1299 service program described in Section 76-3-410;
1300 (vii) to pay for the costs of investigation, probation, or treatment services;
1301 (viii) to pay restitution to a victim with interest in accordance with Chapter 38b, Crime
1302 Victims Restitution Act; or
1303 (ix) to comply with other terms and conditions the court considers appropriate to
1304 ensure public safety or increase a defendant's likelihood of success on probation.
1305 (b) (i) Notwithstanding Subsection (6)(a)(iv), the court may modify the probation of a
1306 defendant to include a period of time that is served in a county jail immediately before the
1307 termination of probation as long as that period of time does not exceed one year.
1308 (ii) If a defendant is ordered to serve time in a county jail as a sanction for a probation
1309 violation, the one-year limitation described in Subsection (6)(a)(iv) or (6)(b)(i) does not apply
1310 to the period of time that the court orders the defendant to serve in a county jail under this
1311 Subsection (6)(b)(ii).
1312 (7) (a) Except as provided in Subsection (7)(b), probation of an individual placed on
1313 probation after December 31, 2018:
1314 (i) may not exceed the individual's maximum sentence;
1315 (ii) shall be for a period of time that is in accordance with the [
1316
1317 sentencing and supervision length guidelines, as defined in Section 63M-7-401.1, to the extent
1318 the guidelines are consistent with the requirements of the law; and
1319 (iii) shall be terminated in accordance with the [
1320
1321 and supervision length guidelines, as defined in Section 63M-7-401.1, to the extent the
1322 guidelines are consistent with the requirements of the law.
1323 (b) Probation of an individual placed on probation after December 31, 2018, whose
1324 maximum sentence is one year or less, may not exceed 36 months.
1325 (c) Probation of an individual placed on probation on or after October 1, 2015, but
1326 before January 1, 2019, may be terminated at any time at the discretion of the court or upon
1327 completion without violation of 36 months probation in felony or class A misdemeanor cases,
1328 12 months in cases of class B or C misdemeanors or infractions, or as allowed in accordance
1329 with Section 64-13-21 regarding earned credits.
1330 (d) This Subsection (7) does not apply to the probation of an individual convicted of an
1331 offense for criminal nonsupport under Section 76-7-201.
1332 (8) (a) Notwithstanding Subsection (7), if there is an unpaid balance of the criminal
1333 accounts receivable for the defendant upon termination of the probation period for the
1334 defendant under Subsection (7), the court may require the defendant to continue to make
1335 payments towards the criminal accounts receivable in accordance with the payment schedule
1336 established by the court under Section 77-32b-103.
1337 (b) A court may not require the defendant to make payments as described in Subsection
1338 (8)(a) beyond the expiration of the defendant's sentence.
1339 (c) If the court requires a defendant to continue to pay in accordance with the payment
1340 schedule for the criminal accounts receivable under this Subsection (8) and the defendant
1341 defaults on the criminal accounts receivable, the court shall proceed with an order for a civil
1342 judgment of restitution and a civil accounts receivable for the defendant as described in Section
1343 77-18-114.
1344 (d) (i) Upon a motion from the prosecuting attorney, the victim, or upon the court's
1345 own motion, the court may require a defendant to show cause as to why the defendant's failure
1346 to pay in accordance with the payment schedule should not be treated as contempt of court.
1347 (ii) A court may hold a defendant in contempt for failure to make payments for a
1348 criminal accounts receivable in accordance with Title 78B, Chapter 6, Part 3, Contempt.
1349 (e) This Subsection (8) does not apply to the probation of an individual convicted of an
1350 offense for criminal nonsupport under Section 76-7-201.
1351 (9) When making any decision regarding probation, the court shall consider
1352 information provided by the Department of Corrections regarding a defendant's individual case
1353 action plan, including any progress the defendant has made in satisfying the case action plan's
1354 completion requirements.
1355 Section 24. Section 77-18-108 is amended to read:
1356 77-18-108. Termination, revocation, modification, or extension of probation --
1357 Violation of probation -- Hearing on violation.
1358 (1) (a) The department shall send a written notice to the court:
1359 (i) when the department is recommending termination of supervision for a defendant;
1360 or
1361 (ii) before a defendant's supervision will be terminated by law.
1362 (b) The written notice under this Subsection (1) shall include:
1363 (i) a probation progress report; and
1364 (ii) if the department is responsible for the collection of the defendant's criminal
1365 accounts receivable, a summary of the criminal accounts receivable, including the amount of
1366 restitution ordered and the amount of restitution that has been paid.
1367 (c) (i) Upon receipt of the written notice under Subsection (1)(a), the court shall:
1368 (A) file the written notice on the docket; and
1369 (B) provide notice to all parties in the criminal case.
1370 (ii) A party shall have a reasonable opportunity to respond to the written notice under
1371 Subsection (1)(a).
1372 (d) If a defendant's probation is being terminated, and the defendant's criminal accounts
1373 receivable has an unpaid balance or there is any outstanding debt with the department, the
1374 department shall send a written notice to the Office of State Debt Collection with a summary of
1375 the defendant's criminal accounts receivable, including the amount of restitution ordered and
1376 the amount of restitution that has been paid.
1377 (2) (a) The court may modify the defendant's probation in accordance with the
1378 [
1379
1380 sentencing and supervision length guidelines, as defined in Section 63M-7-401.1.
1381 (b) The court may not:
1382 (i) extend the length of a defendant's probation, except upon:
1383 (A) waiver of a hearing by the defendant; or
1384 (B) a hearing and a finding by the court that the defendant has violated the terms of
1385 probation;
1386 (ii) revoke a defendant's probation, except upon a hearing and a finding by the court
1387 that the terms of probation have been violated; or
1388 (iii) terminate a defendant's probation before expiration of the probation period until
1389 the court:
1390 (A) reviews the docket to determine whether the defendant owes a balance on the
1391 defendant's criminal accounts receivable; and
1392 (B) enters a finding of whether the defendant owes restitution under Section
1393 77-38b-205.
1394 (c) The court may find under Subsection (2)(b)(iii)(B) that the defendant does not owe
1395 restitution if no request for restitution has been filed with the court.
1396 (3) (a) Upon the filing of an affidavit, or an unsworn written declaration executed in
1397 substantial compliance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act,
1398 alleging with particularity facts asserted to constitute violation of the terms of a defendant's
1399 probation, the court shall determine if the affidavit or unsworn written declaration establishes
1400 probable cause to believe that revocation, modification, or extension of the defendant's
1401 probation is justified.
1402 (b) (i) If the court determines there is probable cause, the court shall order that the
1403 defendant be served with:
1404 (A) a warrant for the defendant's arrest or a copy of the affidavit or unsworn written
1405 declaration; and
1406 (B) an order to show cause as to why the defendant's probation should not be revoked,
1407 modified, or extended.
1408 (ii) The order under Subsection (3)(b)(i)(B) shall:
1409 (A) be served upon the defendant at least five days before the day on which the hearing
1410 is held;
1411 (B) specify the time and place of the hearing; and
1412 (C) inform the defendant of the right to be represented by counsel at the hearing, the
1413 right to have counsel appointed if the defendant is indigent, and the right to present evidence at
1414 the hearing.
1415 (iii) The defendant shall show good cause for a continuance of the hearing.
1416 (c) At the hearing, the defendant shall admit or deny the allegations of the affidavit or
1417 unsworn written declaration.
1418 (d) (i) If the defendant denies the allegations of the affidavit or unsworn written
1419 declaration, the prosecuting attorney shall present evidence on the allegations.
1420 (ii) If the affidavit, or unsworn written declaration, alleges that a defendant is
1421 delinquent, or in default, on a criminal accounts receivable, the prosecuting attorney shall
1422 present evidence to establish, by a preponderance of the evidence, that the defendant:
1423 (A) was aware of the defendant's obligation to pay the balance of the criminal accounts
1424 receivable;
1425 (B) failed to pay on the balance of the criminal accounts receivable as ordered by the
1426 court; and
1427 (C) had the ability to make a payment on the balance of the criminal accounts
1428 receivable if the defendant opposes an order to show cause, in writing, and presents evidence
1429 that the defendant was unable to make a payment on the balance of the criminal accounts
1430 receivable.
1431 (e) The persons who have given adverse information on which the allegations are
1432 based shall be presented as witnesses subject to questioning by the defendant, unless the court
1433 for good cause otherwise orders.
1434 (f) At the hearing, the defendant may:
1435 (i) call witnesses;
1436 (ii) appear and speak in the defendant's own behalf; and
1437 (iii) present evidence.
1438 (g) (i) After the hearing, the court shall make findings of fact.
1439 (ii) Upon a finding that the defendant violated the terms of the defendant's probation,
1440 the court may order the defendant's probation terminated, revoked, modified, continued, or
1441 reinstated for all or a portion of the original term of probation.
1442 (4) (a) (i) Except as provided in Subsection 77-18-105(7), the court may not require a
1443 defendant to remain on probation for a period of time that exceeds the length of the defendant's
1444 maximum sentence.
1445 (ii) Except as provided in Subsection 77-18-105(7), if a defendant's probation is
1446 revoked and later reinstated, the total time of all periods of probation that the defendant serves,
1447 in relation to the same sentence, may not exceed the defendant's maximum sentence.
1448 (b) If the court orders a sanction for a defendant who violated terms of probation, the
1449 court may:
1450 (i) order a period of incarceration that is consistent with the [
1451
1452 sentencing and supervision length guidelines, as defined in Section 63M-7-401.1;
1453 (ii) order a period of incarceration that deviates from the guidelines with an
1454 explanation for the deviation on the record;
1455 (iii) order treatment services that are immediately available in the community for a
1456 defendant that needs substance abuse or mental health treatment, as determined by a screening
1457 and assessment;
1458 (iv) execute the sentence previously imposed; or
1459 (v) order any other appropriate sanction.
1460 (c) If the defendant had, before the imposition of a term of incarceration or the
1461 execution of the previously imposed sentence under this section, served time in jail as a term of
1462 probation or due to a violation of probation, the time that the defendant served in jail
1463 constitutes service of time toward the sentence previously imposed.
1464 (5) (a) Any time served by a defendant:
1465 (i) outside of confinement after having been charged with a probation violation, and
1466 before a hearing to revoke probation, does not constitute service of time toward the total
1467 probation term, unless the defendant is exonerated at a hearing to revoke the defendant's
1468 probation;
1469 (ii) in confinement awaiting a hearing or a decision concerning revocation of the
1470 defendant's probation does not constitute service of time toward the total probation term, unless
1471 the defendant is exonerated at the hearing to revoke probation; or
1472 (iii) in confinement awaiting a hearing or a decision concerning revocation of the
1473 defendant's probation constitutes service of time toward a term of incarceration imposed as a
1474 result of the revocation of probation or a graduated and evidence-based response imposed
1475 under the [
1476
1477 63M-7-401.1.
1478 (b) The running of the probation period is tolled upon:
1479 (i) the filing of a report with the court alleging a violation of the terms of the
1480 defendant's probation; or
1481 (ii) the issuance of an order or a warrant under Subsection (3).
1482 Section 25. Section 77-27-5 is amended to read:
1483 77-27-5. Board of Pardons and Parole authority.
1484 (1) (a) Subject to this chapter and other laws of the state, and except for a conviction
1485 for treason or impeachment, the board shall determine by majority decision when and under
1486 what conditions an offender's conviction may be pardoned or commuted.
1487 (b) The Board of Pardons and Parole shall determine by majority decision when and
1488 under what conditions an offender committed to serve a sentence at a penal or correctional
1489 facility, which is under the jurisdiction of the department, may:
1490 (i) be released upon parole;
1491 (ii) have a fine or forfeiture remitted;
1492 (iii) have the offender's criminal accounts receivable remitted in accordance with
1493 Section 77-32b-105 or 77-32b-106;
1494 (iv) have the offender's payment schedule modified in accordance with Section
1495 77-32b-103; or
1496 (v) have the offender's sentence terminated.
1497 (c) The board shall prioritize public safety when making a determination under
1498 Subsection (1)(a) or (1)(b).
1499 (d) (i) The board may sit together or in panels to conduct hearings.
1500 (ii) The chair shall appoint members to the panels in any combination and in
1501 accordance with rules made in accordance with Title 63G, Chapter 3, Utah Administrative
1502 Rulemaking Act, by the board.
1503 (iii) The chair may participate on any panel and when doing so is chair of the panel.
1504 (iv) The chair of the board may designate the chair for any other panel.
1505 (e) (i) Except after a hearing before the board, or the board's appointed examiner, in an
1506 open session, the board may not:
1507 (A) remit a fine or forfeiture for an offender or the offender's criminal accounts
1508 receivable;
1509 (B) release the offender on parole; or
1510 (C) commute, pardon, or terminate an offender's sentence.
1511 (ii) An action taken under this Subsection (1) other than by a majority of the board
1512 shall be affirmed by a majority of the board.
1513 (f) A commutation or pardon may be granted only after a full hearing before the board.
1514 (2) (a) In the case of any hearings, timely prior notice of the time and location of the
1515 hearing shall be given to the offender.
1516 (b) The county or district attorney's office responsible for prosecution of the case, the
1517 sentencing court, and law enforcement officials responsible for the defendant's arrest and
1518 conviction shall be notified of any board hearings through the board's website.
1519 (c) Whenever possible, the victim or the victim's representative, if designated, shall be
1520 notified of original hearings and any hearing after that if notification is requested and current
1521 contact information has been provided to the board.
1522 (d) (i) Notice to the victim or the victim's representative shall include information
1523 provided in Section 77-27-9.5, and any related rules made by the board under that section.
1524 (ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
1525 reasonable for the lay person to understand.
1526 (3) (a) A decision by the board is final and not subject for judicial review if the
1527 decision is regarding:
1528 (i) a pardon, parole, commutation, or termination of an offender's sentence;
1529 (ii) the modification of an offender's payment schedule for restitution; or
1530 (iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
1531 (b) Deliberative processes are not public and the board is exempt from Title 52,
1532 Chapter 4, Open and Public Meetings Act, when the board is engaged in the board's
1533 deliberative process.
1534 (c) Pursuant to Subsection 63G-2-103(25)(b)(xi), records of the deliberative process
1535 are exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
1536 (d) Unless it will interfere with a constitutional right, deliberative processes are not
1537 subject to disclosure, including discovery.
1538 (e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
1539 (4) (a) This chapter may not be construed as a denial of or limitation of the governor's
1540 power to grant respite or reprieves in all cases of convictions for offenses against the state,
1541 except treason or conviction on impeachment.
1542 (b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
1543 next session of the Board of Pardons and Parole.
1544 (c) At the next session of the board, the board:
1545 (i) shall continue or terminate the respite or reprieve; or
1546 (ii) may commute the punishment or pardon the offense as provided.
1547 (d) In the case of conviction for treason, the governor may suspend execution of the
1548 sentence until the case is reported to the Legislature at the Legislature's next session.
1549 (e) The Legislature shall pardon or commute the sentence or direct the sentence's
1550 execution.
1551 (5) (a) In determining when, where, and under what conditions an offender serving a
1552 sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the offender's
1553 criminal accounts receivable remitted, or have the offender's sentence commuted or terminated,
1554 the board shall:
1555 (i) consider whether the offender has made restitution ordered by the court under
1556 Section 77-38b-205, or is prepared to pay restitution as a condition of any parole, pardon,
1557 remission of a criminal accounts receivable or a fine or forfeiture, or a commutation or
1558 termination of the offender's sentence;
1559 (ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
1560 making determinations under this Subsection (5);
1561 (iii) consider information provided by the Department of Corrections regarding an
1562 offender's individual case action plan; and
1563 (iv) review an offender's status within 60 days after the day on which the board
1564 receives notice from the Department of Corrections that the offender has completed all of the
1565 offender's case action plan components that relate to activities that can be accomplished while
1566 the offender is imprisoned.
1567 (b) The board shall determine whether to remit an offender's criminal accounts
1568 receivable under this Subsection (5) in accordance with Section 77-32b-105 or 77-32b-106.
1569 (6) In determining whether parole may be terminated, the board shall consider:
1570 (a) the offense committed by the parolee; and
1571 (b) the parole period under Section 76-3-202, and in accordance with Section
1572 77-27-13.
1573 (7) For an offender placed on parole after December 31, 2018, the board shall
1574 terminate parole in accordance with the [
1575
1576 guidelines, as defined in Section 63M-7-401.1, to the extent the guidelines are consistent with
1577 the requirements of the law.
1578 Section 26. Section 77-27-10 is amended to read:
1579 77-27-10. Conditions of parole -- Inmate agreement to warrant -- Rulemaking --
1580 Intensive early release parole program.
1581 (1) (a) When the Board of Pardons and Parole releases an offender on parole, it shall,
1582 in accordance with Section 64-13-21, issue to the parolee a certificate setting forth the
1583 conditions of parole, including the graduated and evidence-based responses to a violation of a
1584 condition of parole established [
1585
1586 63M-7-401.1, which the offender shall accept and agree to as evidenced by the offender's
1587 signature affixed to the agreement.
1588 (b) The parole agreement shall require that the inmate agree in writing that the board
1589 may issue a warrant and conduct a parole revocation hearing if:
1590 (i) the board determines after the grant of parole that the inmate willfully provided to
1591 the board false or inaccurate information that the board finds was significant in the board's
1592 determination to grant parole; or
1593 (ii) (A) the inmate has engaged in criminal conduct prior to the granting of parole; and
1594 (B) the board did not have information regarding the conduct at the time parole was
1595 granted.
1596 (c) (i) A copy of the agreement shall be delivered to the Department of Corrections and
1597 a copy shall be given to the parolee.
1598 (ii) The original agreement shall remain with the board's file.
1599 (2) (a) If an offender convicted of violating or attempting to violate Section
1600 76-5-301.1, 76-5-302, 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1,
1601 76-5-404, 76-5-404.1, 76-5-404.3, or 76-5-405, is released on parole, the board shall order
1602 outpatient mental health counseling and treatment as a condition of parole.
1603 (b) The board shall develop standards and conditions of parole under this Subsection
1604 (2) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1605 (c) This Subsection (2) does not apply to intensive early release parole.
1606 (3) (a) (i) In addition to the conditions set out in Subsection (1), the board may place
1607 offenders in an intensive early release parole program.
1608 (ii) The board shall determine the conditions of parole which are reasonably necessary
1609 to protect the community as well as to protect the interests of the offender and to assist the
1610 offender to lead a law-abiding life.
1611 (b) The offender is eligible for this program only if the offender:
1612 (i) has not been convicted of a sexual offense; or
1613 (ii) has not been sentenced pursuant to Section 76-3-406.
1614 (c) The department shall:
1615 (i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1616 Rulemaking Act, for operation of the program;
1617 (ii) adopt and implement internal management policies for operation of the program;
1618 (iii) determine whether or not to refer an offender into this program within 120 days
1619 from the date the offender is committed to prison by the sentencing court; and
1620 (iv) make the final recommendation to the board regarding the placement of an
1621 offender into the program.
1622 (d) The department may not consider credit for time served in a county jail awaiting
1623 trial or sentencing when calculating the 120-day period.
1624 (e) The prosecuting attorney or sentencing court may refer an offender for
1625 consideration by the department for participation in the program.
1626 (f) The board shall determine whether or not to place an offender into this program
1627 within 30 days of receiving the department's recommendation.
1628 (4) This program shall be implemented by the department within the existing budget.
1629 (5) During the time the offender is on parole, the department shall collect from the
1630 offender the monthly supervision fee authorized by Section 64-13-21.
1631 (6) When a parolee commits a violation of the parole agreement, the department may:
1632 (a) respond in accordance with the graduated and evidence-based responses established
1633 in accordance with Section 64-13-21; or
1634 (b) when the graduated and evidence-based responses established in accordance with
1635 Section 64-13-21 indicate, refer the parolee to the Board of Pardons and Parole for revocation
1636 of parole.
1637 Section 27. Section 77-27-11 is amended to read:
1638 77-27-11. Revocation of parole.
1639 (1) The board may revoke the parole of any individual who is found to have violated
1640 any condition of the individual's parole.
1641 (2) (a) If a parolee is confined by the department or any law enforcement official for a
1642 suspected violation of parole, the department:
1643 (i) shall immediately report the alleged violation to the board, by means of an incident
1644 report; and
1645 (ii) make any recommendation regarding the incident.
1646 (b) A parolee may not be held for a period longer than 72 hours, excluding weekends
1647 and holidays, without first obtaining a warrant.
1648 (3) Any member of the board may:
1649 (a) issue a warrant based upon a certified warrant request to a peace officer or other
1650 persons authorized to arrest, detain, and return to actual custody a parolee; and
1651 (b) upon arrest of the parolee, determine, or direct the department to determine, if there
1652 is probable cause to believe that the parolee has violated the conditions of the parolee's parole.
1653 (4) Upon a finding of probable cause, a parolee may be further detained or imprisoned
1654 again pending a hearing by the board or the board's appointed examiner.
1655 (5) (a) The board or the board's appointed examiner shall conduct a hearing on the
1656 alleged violation, and the parolee shall have written notice of the time and location of the
1657 hearing, the alleged violation of parole, and a statement of the evidence against the parolee.
1658 (b) The board or the board's appointed examiner shall provide the parolee the
1659 opportunity:
1660 (i) to be present;
1661 (ii) to be heard;
1662 (iii) to present witnesses and documentary evidence;
1663 (iv) to confront and cross-examine adverse witnesses, absent a showing of good cause
1664 for not allowing the confrontation; and
1665 (v) to be represented by counsel when the parolee is mentally incompetent or pleading
1666 not guilty.
1667 (c) (i) If heard by an appointed examiner, the examiner shall make a written decision
1668 which shall include a statement of the facts relied upon by the examiner in determining the
1669 guilt or innocence of the parolee on the alleged violation and a conclusion as to whether the
1670 alleged violation occurred.
1671 (ii) The appointed examiner shall then refer the case to the board for disposition.
1672 (d) (i) A final decision shall be reached by a majority vote of the sitting members of the
1673 board.
1674 (ii) A parolee shall be promptly notified in writing of the board's findings and decision.
1675 (6) (a) If a parolee is found to have violated the terms of parole, the board, at the
1676 board's discretion, may:
1677 (i) return the parolee to parole;
1678 (ii) modify the payment schedule for the parolee's criminal accounts receivable in
1679 accordance with Section 77-32b-105;
1680 (iii) order the parolee to pay pecuniary damages that are proximately caused by a
1681 defendant's violation of the terms of the defendant's parole;
1682 (iv) order the parolee to be imprisoned, but not to exceed the maximum term of
1683 imprisonment for the parolee's sentence; or
1684 (v) order any other conditions for the parolee.
1685 (b) If the board returns the parolee to parole, the length of parole may not be for a
1686 period of time that exceeds the length of the parolee's maximum sentence.
1687 (c) If the board revokes parole for a violation and orders incarceration, the board may
1688 impose a period of incarceration:
1689 (i) consistent with the [
1690 and supervision length guidelines, as defined in Section 63M-7-401.1; or
1691 (ii) subject to Subsection (6)(a)(iv), impose a period of incarceration that differs from
1692 the guidelines.
1693 (d) The following periods of time constitute service of time toward the period of
1694 incarceration imposed under Subsection (6)(c):
1695 (i) time served in jail by a parolee awaiting a hearing or decision concerning revocation
1696 of parole; and
1697 (ii) time served in jail by a parolee due to a violation of parole under Subsection
1698 64-13-6(2).
1699 Section 28. Section 77-27-32 is amended to read:
1700 77-27-32. Reporting requirements.
1701 (1) The board shall publicly display metrics on the board's website, including:
1702 (a) a measure of recidivism;
1703 (b) a measure of time under board jurisdiction;
1704 (c) a measure of prison releases by category;
1705 (d) a measure of parole revocations;
1706 (e) a measure of alignment of board decisions with the [
1707
1708 guidelines, as defined in Section 63M-7-401.1; and
1709 (f) a measure of the aggregate reasons for departing from the guidelines described in
1710 Subsection (1)(e).
1711 (2) On or before September 30 of each year, the board shall submit to the commission
1712 and the Law Enforcement and Criminal Justice Interim Committee a report for the previous
1713 fiscal year that summarizes the metrics in Subsection (1).
1714 Section 29. Section 80-6-307 is amended to read:
1715 80-6-307. Dispositional report required in minors' cases -- Exceptions.
1716 (1) A juvenile probation officer, or other agency designated by the juvenile court, shall
1717 make a dispositional report in writing in all minors' cases in which a petition has been filed,
1718 except in cases involving violations of traffic laws or ordinances, violations of wildlife laws
1719 and boating laws, and other minor cases.
1720 (2) When preparing a dispositional report and recommendation in a minor's case, the
1721 juvenile probation officer, or other agency designated by the juvenile court, shall consider the
1722 juvenile disposition guidelines [
1723 in Section 63M-7-401.1, and any other factors relevant to the disposition designated in the
1724 juvenile disposition guidelines .
1725 (3) Where the allegations of a petition filed under Section 80-6-305 are denied, the
1726 investigation may not be made until the juvenile court has made an adjudication.
1727 Section 30. Section 80-6-607 is amended to read:
1728 80-6-607. Case planning and appropriate responses.
1729 (1) For a minor adjudicated and placed on probation under Section 80-6-702 or
1730 committed to the division under Section 80-6-703 , a case plan shall be created and:
1731 (a) developed in collaboration with the minor and the minor's family;
1732 (b) individualized to the minor;
1733 (c) informed by the results of a validated risk and needs assessment under Section
1734 80-6-606 ; and
1735 (d) tailored to the minor's offense and history.
1736 (2) (a) The Administrative Office of the Courts and the division shall develop a
1737 statewide system of appropriate responses to guide responses to the behaviors of minors:
1738 (i) undergoing nonjudicial adjustments;
1739 (ii) whose case is under the jurisdiction of the juvenile court; and
1740 (iii) in the custody of the division.
1741 (b) The system of responses shall include both sanctions and incentives that:
1742 (i) are swift and certain;
1743 (ii) include a continuum of community based responses for minors living at home;
1744 (iii) target a minor's criminogenic risks and needs, as determined by the results of a
1745 validated risk and needs assessment under Section 80-6-606 , and the severity of the violation;
1746 and
1747 (iv) authorize earned discharge credits as one incentive for compliance.
1748 (c) After considering the [
1749
1750 defined in Section 63M-7-401.1, the system of appropriate responses under Subsections (2)(a)
1751 and (b) shall be developed.
1752 (3) (a) A response to compliant or noncompliant behavior under Subsection (2) shall be
1753 documented in the minor's case plan.
1754 (b) Documentation under Subsection (3)(a) shall include:
1755 (i) positive behaviors and incentives offered;
1756 (ii) violations and corresponding sanctions; and
1757 (iii) whether the minor has a subsequent violation after a sanction.
1758 (4) Before referring a minor to a juvenile court for judicial review, or to the authority if
1759 the minor is under the jurisdiction of the authority, in response to a contempt filing under
1760 Section 78A-6-353 or an order to show cause, a pattern of appropriate responses shall be
1761 documented in the minor's case plan in accordance with Subsections (3)(a) and (b) .
1762 (5) Notwithstanding Subsection (4), if a minor violates a protective order or an ex parte
1763 protective order listed in Section 78B-7-803, the violation may be filed directly with the
1764 juvenile court.
1765 Section 31. Repealer.
1766 This bill repeals:
1767 Section 63M-7-403, Vacancies.
1768 Section 63M-7-404, Purpose -- Duties.
1769 Section 32. Effective date.
1770 This bill takes effect on May 1, 2024.
1771 Section 33. Coordinating S.B. 200 with H.B. 395 if S.B. 213 does not pass and
1772 become law.
1773 If S.B. 200, State Commission on Criminal and Juvenile Justice Amendments, and H.B.
1774 395, DUI Offense Amendments, both pass and become law, and S.B. 213, Criminal Justice
1775 Modifications, does not pass and become law, the Legislature intends that, on July 1, 2024,
1776 Section 63M-7-404.3 enacted in S.B. 200 be amended to read:
1777 "63M-7-404.3. Adult sentencing and supervision length guidelines.
1778 (1) The sentencing commission shall establish and maintain adult sentencing and
1779 supervision length guidelines regarding:
1780 (a) the sentencing and release of offenders in order to:
1781 (i) respond to public comment;
1782 (ii) relate sentencing practices and correctional resources;
1783 (iii) increase equity in sentencing;
1784 (iv) better define responsibility in sentencing; and
1785 (v) enhance the discretion of the sentencing court while preserving the role of the
1786 Board of Pardons and Parole;
1787 (b) the length of supervision of offenders on probation or parole in order to:
1788 (i) respond to public comment;
1789 (ii) increase equity in criminal supervision lengths;
1790 (iii) relate the length of supervision to an offender's progress;
1791 (iv) take into account an offender's risk of offending again;
1792 (v) relate the length of supervision to the amount of time an offender has remained
1793 under supervision in the community; and
1794 (vi) enhance the discretion of the sentencing court while preserving the role of the
1795 Board of Pardons and Parole; and
1796 (c) appropriate, evidence-based probation and parole supervision policies and services
1797 that assist offenders in successfully completing supervision and reduce incarceration rates from
1798 community supervision programs while ensuring public safety, including:
1799 (i) treatment and intervention completion determinations based on individualized case
1800 action plans;
1801 (ii) measured and consistent processes for addressing violations of conditions of
1802 supervision;
1803 (iii) processes that include using positive reinforcement to recognize an offender's
1804 progress in supervision;
1805 (iv) engaging with social services agencies and other stakeholders who provide
1806 services that meet the needs of an offender; and
1807 (v) identifying community violations that may not warrant revocation of probation or
1808 parole.
1809 (2) The sentencing commission shall modify:
1810 (a) the adult sentencing and supervision length guidelines to reduce recidivism for the
1811 purposes of protecting the public and ensuring efficient use of state funds; and
1812 (b) the criminal history score in the adult sentencing and supervision length guidelines
1813 to reduce recidivism, including factors in an offender's criminal history that are relevant to the
1814 accurate determination of an individual's risk of offending again.
1815 (3) (a) Before July 1, 2024, the commission shall create sentencing guidelines and
1816 supervision length guidelines for the following offenses:
1817 Ŝ→ (i) an interlock restricted driver operating a vehicle without an ignition interlock
1817a system, Section 41-6a-518.2; ←Ŝ
1817b Ŝ→ [
1818 Ŝ→ [
1819 (b) The guidelines under Subsection (3)(a) shall consider the following:
1820 (i) the current sentencing requirements for driving under the influence of alcohol,
1821 drugs, or a combination of both as identified in Section 41-6a-505 when injury or death do not
1822 result;
1823 (ii) the degree of injury and the number of victims suffering injury or death as a result
1824 of the offense;
1825 (iii) the offender's number of previous convictions for driving under the influence
1826 related offenses as defined in Subsection 41-6a-501(2)(a); Ŝ→ [
1826a convictions for an interlock restricted driver operating a vehicle without an ignition interlock
1826b system as described in Section 41-6a-518.2; and ←Ŝ
1827 Ŝ→ [
1827a had a
1828 blood or breath alcohol level of .05 or higher in addition to any measurable controlled
1829 substance, or had a combination of two or more controlled substances in the individual's body
1830 that were not recommended in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid
1831 Research and Medical Cannabis, or prescribed.".