1     
CORRECTIONS MODIFICATIONS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Derrin R. Owens

5     
House Sponsor: Jefferson S. Burton

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the Department of Corrections.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     clarifies the roles of county sheriffs and the Department of Corrections regarding
14     the detention of probationers and parolees who have allegedly violated a condition
15     of probation or parole;
16          ▸     prohibits a county jail from releasing an individual booked on an allegation of
17     violating probation or parole if the Department of Corrections has placed a hold on
18     that individual under certain circumstances;
19          ▸     clarifies that the Department of Health and Human Services shall provide
20     comprehensive health care to inmates at each health care facility owned or operated
21     by the Department of Corrections;
22          ▸     directs the Department of Corrections to create a reentry division that focuses on the
23     successful reentry of inmates into the community;
24          ▸     allows the Department of Corrections to use an inmate supervision model other than
25     a direct supervision model in certain circumstances;
26          ▸     clarifies the role of the Department of Corrections in probation supervision;
27          ▸     provides that the executive director of the Department of Corrections may authorize
28     the personal off-duty use of state vehicles;
29          ▸     removes an internal Department of Corrections audit requirement of certain

30     programs;
31          ▸     prohibits the disclosure of information and records related to an execution; and
32          ▸     makes technical and conforming changes.
33     Money Appropriated in this Bill:
34          None
35     Other Special Clauses:
36          This bill provides a special effective date.
37     Utah Code Sections Affected:
38     AMENDS:
39          17-22-5.5, as last amended by Laws of Utah 2022, Chapter 115
40          26B-4-325, as enacted by Laws of Utah 2023, Chapter 322
41          64-13-6, as last amended by Laws of Utah 2023, Chapter 177
42          64-13-14, as last amended by Laws of Utah 2021, Chapter 246
43          64-13-21, as last amended by Laws of Utah 2022, Chapter 187
44          64-13-25, as last amended by Laws of Utah 2023, Chapter 155
45          64-13-27, as last amended by Laws of Utah 1998, Chapter 263
46          64-13-29, as last amended by Laws of Utah 2022, Chapter 115
47          64-13-43, as enacted by Laws of Utah 2008, Chapter 368
48          77-20-203, as last amended by Laws of Utah 2023, Chapter 408
49          77-20-204, as last amended by Laws of Utah 2023, Chapters 34, 408
50          77-27-11, as last amended by Laws of Utah 2022, Chapter 115
51     ENACTS:
52          17-22-5.6, Utah Code Annotated 1953
53     

54     Be it enacted by the Legislature of the state of Utah:
55          Section 1. Section 17-22-5.5 is amended to read:
56          17-22-5.5. Sheriff's classification of jail facilities -- Maximum operating capacity
57     of jail facilities -- Transfer or release of prisoners -- Limitation -- Records regarding

58     release.
59          (1) (a) Except as provided in Subsection (4), a county sheriff shall determine:
60          (i) subject to Subsection (1)(b), the classification of each jail facility or section of a jail
61     facility under the sheriff's control;
62          (ii) the nature of each program conducted at a jail facility under the sheriff's control;
63     and
64          (iii) the internal operation of a jail facility under the sheriff's control.
65          (b) A classification under Subsection (1)(a)(i) of a jail facility may not violate any
66     applicable zoning ordinance or conditional use permit of the county or municipality.
67          (2) Except as provided in Subsection (4), each county sheriff shall:
68          (a) with the approval of the county legislative body, establish a maximum operating
69     capacity for each jail facility under the sheriff's control, based on facility design and staffing;
70     and
71          (b) upon a jail facility reaching the jail facility's maximum operating capacity:
72          (i) transfer prisoners to another appropriate facility:
73          (A) under the sheriff's control; or
74          (B) available to the sheriff by contract;
75          (ii) release prisoners:
76          (A) to a supervised release program, according to release criteria established by the
77     sheriff; or
78          (B) to another alternative incarceration program developed by the sheriff; or
79          (iii) admit prisoners in accordance with law and a uniform admissions policy imposed
80     equally upon all entities using the county jail.
81          (3) (a) The sheriff shall keep records of the release status and the type of release
82     program or alternative incarceration program for any prisoner released under Subsection
83     (2)(b)(ii).
84          (b) The sheriff shall make these records available upon request to the Department of
85     Corrections, the Judiciary, and the Commission on Criminal and Juvenile Justice.

86          (4) This section may not be construed to authorize a sheriff to modify provisions of a
87     contract with the Department of Corrections to house in a county jail an individual sentenced to
88     the Department of Corrections.
89          (5) Regardless of whether a jail facility has reached the jail facility's maximum
90     operating capacity under Subsection (2), a sheriff may release an individual from a jail facility
91     in accordance with Section 77-20-203 or 77-20-204.
92          [(6) (a) Subject to Subsection (6)(c), a jail facility shall detain an individual for up to
93     24 hours from booking if:]
94          [(i) the individual is on supervised probation or parole and that information is
95     reasonably available; and]
96          [(ii) the individual was arrested for:]
97          [(A) a violent felony as defined in Section 76-3-203.5; or]
98          [(B) a qualifying domestic violence offense as defined in Subsection 77-36-1.1(4) that
99     is not a criminal mischief offense.]
100          [(b) The jail facility shall notify the entity supervising the individual's probation or
101     parole that the individual is being detained.]
102          [(c) (i) The jail facility shall release the individual:]
103          [(A) to the Department of Corrections if the Department of Corrections supervises the
104     individual and requests the individual's release; or]
105          [(B) if a court or magistrate orders release.]
106          [(ii) Nothing in this Subsection (6) prohibits a jail facility from holding the individual
107     in accordance with Title 77, Chapter 20, Bail, for new criminal conduct.]
108          Section 2. Section 17-22-5.6 is enacted to read:
109          17-22-5.6. Probation supervision -- Violation of probation -- Detention -- Hearing.
110          (1) As used in this section:
111          (a) "Probationer" means an individual on probation under the supervision of the county
112     sheriff.
113          (b) (i) "Qualifying domestic violence offense" means the same as that term is defined

114     in Subsection 77-36-1.1(4).
115          (ii) "Qualifying domestic violence offense" does not include criminal mischief as
116     described in Section 76-6-106.
117          (c) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
118          (2) A county sheriff shall ensure that the court is notified of violations of the terms and
119     conditions of a probationer's probation when the county sheriff determines that:
120          (a) incarceration is recommended as a sanction;
121          (b) a graduated and evidence-based response is not an appropriate response to the
122     offender's violation and recommends revocation of probation; or
123          (c) there is probable cause that the conduct that led to a violation of probation is:
124          (i) a violent felony; or
125          (ii) a qualifying domestic violence offense.
126          (3) A county sheriff may take custody of, and detain, a probationer for a maximum of
127     72 hours, excluding weekends and holidays, if there is probable cause to believe that the
128     probationer has committed a violation of probation.
129          (4) A county sheriff may not detain a probationer or parolee for longer than 72 hours
130     without obtaining a warrant issued by the court.
131          (5) If the county sheriff detains a probationer under Subsection (3), the county sheriff
132     shall ensure the proper court is notified.
133          (6) A written order from the county sheriff is sufficient authorization for a peace
134     officer to incarcerate a probationer if the county sheriff has determined that there is probable
135     cause to believe that the probationer has violated the conditions of probation.
136          (7) If a probationer commits a violation outside of the jurisdiction of the county sheriff
137     supervising the probationer, the arresting law enforcement agency is not required to hold or
138     transport the probationer to the county sheriff.
139          (8) This section does not require the county sheriff to release a probationer who is
140     being held for something other than a probation violation, including a warrant issued for new
141     criminal conduct or a new conviction where the individual is sentenced to incarceration.

142          Section 3. Section 26B-4-325 is amended to read:
143          26B-4-325. Medical care for inmates.
144          As used in this section:
145          (1) "Correctional facility" means a facility operated to house inmates in a secure or
146     nonsecure setting:
147          (a) by the Department of Corrections; or
148          (b) under a contract with the Department of Corrections.
149          (2) "Health care facility" means the same as that term is defined in Section 26B-2-201.
150          (3) "Inmate" means an individual who is:
151          (a) committed to the custody of the Department of Corrections; and
152          (b) housed at a correctional facility or at a county jail at the request of the Department
153     of Corrections.
154          (4) "Medical monitoring technology" means a device, application, or other technology
155     that can be used to improve health outcomes and the experience of care for patients, including
156     evidence-based clinically evaluated software and devices that can be used to monitor and treat
157     diseases and disorders.
158          (5) "Terminally ill" means the same as that term is defined in Section 31A-36-102.
159          (6) The department shall:
160          (a) for each health care facility owned or operated by the Department of Corrections,
161     assist the Department of Corrections in complying with Section 64-13-39; and
162          [(b) create policies and procedures for providing services to inmates; and]
163          [(c)] (b) in coordination with the Department of Corrections[,], and as the Department
164     of Correction's agent:
165          (i) create policies and procedures for providing comprehensive health care to inmates;
166          (ii) provide inmates with comprehensive health care; and
167          (iii) develop standard population indicators and performance measures relating to the
168     health of inmates.
169          (7) In providing the comprehensive health care described in Subsection (6)(b)(ii), the

170     department may not, without entering into an agreement with the Department of Corrections,
171     provide, operate, or manage any treatment plans for inmates that are:
172          (a) required to be provided, operated, or managed by the Department of Corrections in
173     accordance with Section 64-13-6; and
174          (b) not related to the comprehensive health care provided by the department.
175          [(7)] (8) Beginning July 1, 2023, and ending June 30, 2024, the department shall:
176          (a) evaluate and study the use of medical monitoring technology and create a plan for a
177     pilot program that identifies:
178          (i) the types of medical monitoring technology that will be used during the pilot
179     program; and
180          (ii) eligibility for participation in the pilot program; and
181          (b) make the indicators and performance measures described in Subsection [(6)(c)]
182     (6)(b)(iii) available to the public through the Department of Corrections and the department
183     websites.
184          [(8)] (9) Beginning July 1, 2024, and ending June 30, 2029, the department shall
185     implement the pilot program.
186          [(9)] (10) The department shall submit to the Health and Human Services Interim
187     Committee and the Law Enforcement and Criminal Justice Interim Committee:
188          (a) a report on or before October 1 of each year regarding the costs and benefits of the
189     pilot program;
190          (b) a report that summarizes the indicators and performance measures described in
191     Subsection [(6)(c)] (6)(b)(iii) on or before October 1, 2024; and
192          (c) an updated report before October 1 of each year that compares the indicators and
193     population measures of the most recent year to the initial report described in Subsection
194     [(9)(b)] (10)(b).
195          (11) An inmate receiving comprehensive health care from the department remains in
196     the custody of the Department of Corrections.
197          Section 4. Section 64-13-6 is amended to read:

198          64-13-6. Department duties.
199          (1) The department shall:
200          (a) protect the public through institutional care and confinement, and supervision in the
201     community of offenders where appropriate;
202          (b) implement court-ordered punishment of offenders;
203          (c) provide evidence-based and evidence-informed program opportunities for offenders
204     designed to reduce offenders' criminogenic and recidivism risks, including behavioral,
205     cognitive, educational, and career-readiness program opportunities;
206          (d) ensure that offender participation in all program opportunities described in
207     Subsection (1)(c) is voluntary;
208          (e) where appropriate, utilize offender volunteers as mentors in the program
209     opportunities described in Subsection (1)(c);
210          (f) provide treatment for sex offenders who are found to be treatable based upon
211     criteria developed by the department;
212          (g) provide the results of ongoing clinical assessment of sex offenders and objective
213     diagnostic testing to sentencing and release authorities;
214          (h) manage programs that take into account the needs and interests of victims, where
215     reasonable;
216          (i) supervise probationers and parolees as directed by statute and implemented by the
217     courts and the Board of Pardons and Parole;
218          (j) subject to Subsection [(2)] (3), investigate criminal conduct involving offenders
219     incarcerated in a state correctional facility;
220          (k) cooperate and exchange information with other state, local, and federal law
221     enforcement agencies to achieve greater success in prevention and detection of crime and
222     apprehension of criminals;
223          (l) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
224     Offender Supervision;
225          (m) establish a case action plan based on appropriate validated risk, needs, and

226     responsivity assessments for each offender as follows:
227          (i) (A) if an offender is to be supervised in the community, the department shall
228     establish a case action plan for the offender no later than 60 days after the day on which the
229     department's community supervision of the offender begins; and
230          (B) if the offender is committed to the custody of the department, the department shall
231     establish a case action plan for the offender no later than 90 days after the day on which the
232     offender is committed to the custody of the department;
233          (ii) each case action plan shall integrate an individualized, evidence-based, and
234     evidence-informed treatment and program plan with clearly defined completion requirements;
235          (iii) the department shall share each newly established case action plan with the
236     sentencing and release authority within 30 days after the day on which the case action plan is
237     established; and
238          (iv) the department shall share any changes to a case action plan, including any change
239     in an offender's risk assessment, with the sentencing and release authority within 30 days after
240     the day of the change;
241          (n) ensure that any training or certification required of a public official or public
242     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
243     22, State Training and Certification Requirements, if the training or certification is required:
244          (i) under this title;
245          (ii) by the department; or
246          (iii) by an agency or division within the department; [and]
247          (o) when reporting on statewide recidivism, include the metrics and requirements
248     described in Section 63M-7-102; and
249          (p) create a reentry division that focuses on the successful reentry of inmates into the
250     community.
251          (2) The department may in the course of supervising probationers and parolees:
252          (a) respond in accordance with the graduated and evidence-based processes established
253     by the Utah Sentencing Commission under Subsection 63M-7-404(6), to an individual's

254     violation of one or more terms of the probation or parole; and
255          (b) upon approval by the court or the Board of Pardons and Parole, impose as a
256     sanction for an individual's violation of the terms of probation or parole a period of
257     incarceration of not more than three consecutive days and not more than a total of five days
258     within a period of 30 days.
259          (3) (a) By following the procedures in Subsection (3)(b), the department may
260     investigate the following occurrences at state correctional facilities:
261          (i) criminal conduct of departmental employees;
262          (ii) felony crimes resulting in serious bodily injury;
263          (iii) death of any person; or
264          (iv) aggravated kidnaping.
265          (b) Before investigating any occurrence specified in Subsection (3)(a), the department
266     shall:
267          (i) notify the sheriff or other appropriate law enforcement agency promptly after
268     ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) has
269     occurred; and
270          (ii) obtain consent of the sheriff or other appropriate law enforcement agency to
271     conduct an investigation involving an occurrence specified in Subsection (3)(a).
272          (4) Upon request, the department shall provide copies of investigative reports of
273     criminal conduct to the sheriff or other appropriate law enforcement agencies.
274          (5) (a) The executive director of the department, or the executive director's designee if
275     the designee possesses expertise in correctional programming, shall consult at least annually
276     with cognitive and career-readiness staff experts from the Utah system of higher education and
277     the State Board of Education to review the department's evidence-based and evidence-informed
278     treatment and program opportunities.
279          (b) Beginning in the 2022 interim, the department shall provide an annual report to the
280     Law Enforcement and Criminal Justice Interim Committee regarding the department's
281     implementation of and offender participation in evidence-based and evidence-informed

282     treatment and program opportunities designed to reduce the criminogenic and recidivism risks
283     of offenders over time.
284          (6) (a) As used in this Subsection (6):
285          (i) "Accounts receivable" means any amount owed by an offender arising from a
286     criminal judgment that has not been paid.
287          (ii) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
288     surcharges, costs, interest, penalties, restitution to victims, third-party claims, claims,
289     reimbursement of a reward, and damages that an offender is ordered to pay.
290          (b) The department shall collect and disburse, with any interest and any other costs
291     assessed under Section 64-13-21, an accounts receivable for an offender during:
292          (i) the parole period and any extension of that period in accordance with Subsection
293     (6)(c); and
294          (ii) the probation period for which the court orders supervised probation and any
295     extension of that period by the department in accordance with Subsection 77-18-105(7).
296          (c) (i) If an offender has an unpaid balance of the offender's accounts receivable at the
297     time that the offender's sentence expires or terminates, the department shall be referred to the
298     sentencing court for the sentencing court to enter a civil judgment of restitution and a civil
299     accounts receivable as described in Section 77-18-114.
300          (ii) If the board makes an order for restitution within 60 days from the day on which
301     the offender's sentence expires or terminates, the board shall refer the order for restitution to
302     the sentencing court to be entered as a civil judgment of restitution as described in Section
303     77-18-114.
304          (d) This Subsection (6) only applies to offenders sentenced before July 1, 2021.
305          Section 5. Section 64-13-14 is amended to read:
306          64-13-14. Secure correctional facilities.
307          (1) The department shall maintain and operate secure correctional facilities for the
308     incarceration of offenders.
309          (2) For each compound of secure correctional facilities, as established by the executive

310     director, wardens shall be appointed as the chief administrative officers by the executive
311     director.
312          (3) The department may transfer offenders from one correctional facility to another and
313     may, with the consent of the sheriff, transfer any offender to a county jail.
314          (4) Where new or modified facilities are designed appropriately, the department shall
315     implement an evidence-based direct supervision system in accordance with Subsections (5) and
316     (6).
317          (5) A direct supervision system shall be designed to meet the goals of:
318          (a) reducing offender violence;
319          (b) enhancing offenders' participation in treatment, program, and work opportunities;
320          (c) managing and reducing offender risk;
321          (d) promoting pro-social offender behaviors;
322          (e) providing a tiered-housing structure that:
323          (i) rewards an offender's pro-social behaviors and progress toward the completion
324     requirements of the offender's individual case action plan with less restrictive housing and
325     increased privileges; and
326          (ii) houses similarly behaving offenders together; and
327          (f) reducing departmental costs.
328          (6) A direct supervision system shall include the following elements:
329          (a) department staff will interact continuously with offenders to actively manage
330     offenders' behavior and to identify problems at early stages;
331          (b) department staff will use management techniques designed to prevent and
332     discourage negative offender behavior and encourage positive offender behavior;
333          (c) department staff will establish and maintain a professional supervisory relationship
334     with offenders; and
335          (d) barriers separating department staff and offenders shall be removed.
336          (7) (a) Notwithstanding Subsection (4), the department may implement a supervision
337     model other than the direct supervision model described in Subsection (4) if the executive

338     director:
339          (i) determines that the direct supervision model endangers:
340          (A) the health and safety of the inmates or correctional facility staff; or
341          (B) the security of the correctional facility; and
342          (ii) creates a policy detailing what the supervision model will be and why that model
343     will increase the health and safety of the inmates or correctional facility staff or the security of
344     the correctional facility over a direct supervision model.
345          (b) The department shall post on the department's website:
346          (i) the executive director's determinations regarding the dangers of using a direct
347     supervision model as described in Subsection (7)(a)(i); and
348          (ii) the policy detailing the supervision model to be used as described in Subsection
349     (7)(a)(ii).
350          [(7)] (8) [Beginning in the 2022 interim, the] The department shall provide an annual
351     report to the Law Enforcement and Criminal Justice Interim Committee regarding:
352          (a) the status of the implementation of direct supervision; and
353          (b) if applicable, the implementation of a supervision model other than the direct
354     supervision model as described in Subsection (7).
355          Section 6. Section 64-13-21 is amended to read:
356          64-13-21. Supervision of sentenced offenders placed in community -- Rulemaking
357     -- POST certified parole or probation officers and peace officers -- Duties -- Supervision
358     fee.
359          (1) (a) The department, except as otherwise provided by law, shall supervise a
360     sentenced [offenders] offender placed in the community if the offender:
361          (i) (A) is placed on probation by [the courts,] a court;
362          (B) is released on parole by the Board of Pardons and Parole[,]; or
363          (C) [upon acceptance] is accepted for supervision under the terms of the Interstate
364     Compact for the Supervision of Parolees and Probationers[.]; and
365          (ii) has been convicted of:

366          (A) a felony;
367          (B) a class A misdemeanor when an element of the offense is the use or attempted use
368     of physical force against an individual or property; or
369          (C) notwithstanding Subsection (1)(a)(ii)(B), a class A misdemeanor if the department
370     is ordered by a court to supervise the offender under Section 77-18-105.
371          (b) If a sentenced offender participates in substance use treatment or a residential,
372     vocational and life skills program, as defined in Section 13-53-102, while under supervision on
373     probation or parole, the department shall monitor the offender's compliance with and
374     completion of the treatment or program.
375          (c) The department shall establish standards for:
376          (i) the supervision of offenders in accordance with sentencing guidelines and
377     supervision length guidelines, including the graduated and evidence-based responses,
378     established by the Utah Sentencing Commission, giving priority, based on available resources,
379     to felony offenders and offenders sentenced under Subsection 58-37-8 (2)(b)(ii); and
380          (ii) the monitoring described in Subsection (1)(b).
381          (2) The department shall apply the graduated and evidence-based responses established
382     by the Utah Sentencing Commission to facilitate a prompt and appropriate response to an
383     individual's violation of the terms of probation or parole, including:
384          (a) sanctions to be used in response to a violation of the terms of probation or parole;
385     and
386          (b) requesting approval from the court or Board of Pardons and Parole to impose a
387     sanction for an individual's violation of the terms of probation or parole, for a period of
388     incarceration of not more than three consecutive days and not more than a total of [five] six
389     days within a period of 30 days.
390          (3) The department shall implement a program of graduated incentives as established
391     by the Utah Sentencing Commission to facilitate the department's prompt and appropriate
392     response to an offender's:
393          (a) compliance with the terms of probation or parole; or

394          (b) positive conduct that exceeds those terms.
395          (4) (a) The department shall, in collaboration with the State Commission on Criminal
396     and Juvenile Justice and the Division of Substance Abuse and Mental Health, create standards
397     and procedures for the collection of information, including cost savings related to recidivism
398     reduction and the reduction in the number of inmates, related to the use of the graduated and
399     evidence-based responses and graduated incentives, and offenders' outcomes.
400          (b) The collected information shall be provided to the State Commission on Criminal
401     and Juvenile Justice not less frequently than annually on or before August 31.
402          (5) Employees of the department who are POST certified as law enforcement officers
403     or correctional officers and who are designated as parole and probation officers by the
404     executive director have the following duties:
405          (a) monitoring, investigating, and supervising a parolee's or probationer's compliance
406     with the conditions of the parole or probation agreement;
407          (b) investigating or apprehending any offender who has escaped from the custody of
408     the department or absconded from supervision;
409          (c) supervising any offender during transportation; or
410          (d) collecting DNA specimens when the specimens are required under Section
411     53-10-404.
412          (6) (a) (i) A monthly supervision fee of $30 shall be collected from each offender on
413     probation or parole.
414          (ii) The fee described in Subsection (6)(a)(i) may be suspended or waived by the
415     department upon a showing by the offender that imposition would create a substantial hardship
416     or if the offender owes restitution to a victim.
417          (b) (i) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
418     Administrative Rulemaking Act, specifying the criteria for suspension or waiver of the
419     supervision fee and the circumstances under which an offender may request a hearing.
420          (ii) In determining whether the imposition of the supervision fee would constitute a
421     substantial hardship, the department shall consider the financial resources of the offender and

422     the burden that the fee would impose, with regard to the offender's other obligations.
423          (7) (a) For offenders placed on probation under Section 77-18-105 or parole under
424     Subsection 76-3-202(2)(a) on or after October 1, 2015, but before January 1, 2019, the
425     department shall establish a program allowing an offender to earn credits for the offender's
426     compliance with the terms of the offender's probation or parole, which shall be applied to
427     reducing the period of probation or parole as provided in this Subsection (7).
428          (b) The program shall provide that an offender earns a reduction credit of 30 days from
429     the offender's period of probation or parole for each month the offender completes without any
430     violation of the terms of the offender's probation or parole agreement, including the case action
431     plan.
432          (c) The department shall maintain a record of credits earned by an offender under this
433     Subsection (7) and shall request from the court or the Board of Pardons and Parole the
434     termination of probation or parole not fewer than 30 days prior to the termination date that
435     reflects the credits earned under this Subsection (7).
436          (d) This Subsection (7) does not prohibit the department from requesting a termination
437     date earlier than the termination date established by earned credits under Subsection (7)(c).
438          (e) The court or the Board of Pardons and Parole shall terminate an offender's
439     probation or parole upon completion of the period of probation or parole accrued by time
440     served and credits earned under this Subsection (7) unless the court or the Board of Pardons
441     and Parole finds that termination would interrupt the completion of a necessary treatment
442     program, in which case the termination of probation or parole shall occur when the treatment
443     program is completed.
444          (f) The department shall report annually to the State Commission on Criminal and
445     Juvenile Justice on or before August 31:
446          (i) the number of offenders who have earned probation or parole credits under this
447     Subsection (7) in one or more months of the preceding fiscal year and the percentage of the
448     offenders on probation or parole during that time that this number represents;
449          (ii) the average number of credits earned by those offenders who earned credits;

450          (iii) the number of offenders who earned credits by county of residence while on
451     probation or parole;
452          (iv) the cost savings associated with sentencing reform programs and practices; and
453          (v) a description of how the savings will be invested in treatment and
454     early-intervention programs and practices at the county and state levels.
455          Section 7. Section 64-13-25 is amended to read:
456          64-13-25. Standards for programs -- Audits.
457          (1) (a) To promote accountability and to ensure safe and professional operation of
458     correctional programs, the department shall establish minimum standards for the organization
459     and operation of the department's programs, including collaborating with the Department of
460     Health and Human Services to establish minimum standards for programs providing assistance
461     for individuals involved in the criminal justice system.
462          (b) (i) The department shall promulgate the standards according to state rulemaking
463     provisions.
464          (ii) Those standards that apply to offenders are exempt from the provisions of Title
465     63G, Chapter 3, Utah Administrative Rulemaking Act.
466          (iii) Offenders are not a class of persons under Title 63G, Chapter 3, Utah
467     Administrative Rulemaking Act.
468          (c) The standards shall provide for inquiring into and processing offender complaints.
469          (d) (i) The department shall establish minimum standards and qualifications for
470     treatment programs provided in county jails to which persons committed to the state prison are
471     placed by jail contract under Section 64-13e-103.
472          (ii) In establishing the standards and qualifications for the treatment programs, the
473     department shall:
474          (A) consult and collaborate with the county sheriffs and the Office of Substance Use
475     and Mental Health; and
476          (B) include programs demonstrated by recognized scientific research to reduce
477     recidivism by addressing an offender's criminal risk factors as determined by a risk and needs

478     assessment.
479          (iii) All jails contracting to house offenders committed to the state prison shall meet the
480     minimum standards for treatment programs as established under this Subsection (1)(d).
481          (e) (i) The department shall establish minimum standards for sex offense treatment,
482     which shall include the requirements under Subsection 64-13-7.5(3) regarding licensure and
483     competency.
484          (ii) The standards shall require the use of evidence-based practices to address criminal
485     risk factors as determined by validated assessments.
486          (iii) The department shall collaborate with the Office of Substance Use and Mental
487     Health to develop and effectively distribute the standards to jails and to mental health
488     professionals who desire to provide mental health treatment for sex offenders.
489          (iv) The department shall establish the standards by administrative rule in accordance
490     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
491          (2) (a) The department shall establish a certification process for public and private
492     providers of treatment for sex offenders on probation or parole that requires the providers' sex
493     offense treatment practices meet the standards and practices established under Subsection
494     (1)(e)(i) with the goal of reducing sex offender recidivism.
495          (b) The department shall collaborate with the Office of Substance Use and Mental
496     Health to develop, coordinate, and implement the certification process.
497          (c) The department shall base the certification process on the standards under
498     Subsection (1)(e)(i) and require renewal of certification every two years.
499          (d) All public and private providers of sex offense treatment, including those providing
500     treatment to offenders housed in county jails by contract under Section 64-13e-103, shall
501     comply with the standards in order to begin receiving or continue receiving payment from the
502     department to provide sex offense treatment.
503          (e) The department shall establish the certification program by administrative rule in
504     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
505          [(3) (a) The department shall establish an audit process to ensure compliance with sex

506     offense and substance use treatment standards established under this section in accordance with
507     the department's policies and procedures.]
508          [(b) At least every three years, the department shall internally audit sex offense and
509     substance use treatment programs for compliance with standards established under this
510     section.]
511          [(c) The individuals undertaking the audit shall provide a written report to the
512     managers of the programs audited and to the executive director of the department.]
513          [(d) The department's internal audit reports shall:]
514          [(i) be classified as confidential internal working papers; and]
515          [(ii) be accessible at the discretion of the executive director or the governor, or upon
516     court order.]
517          [(4)] (3) The department:
518          (a) shall establish performance goals and outcome measurements for all programs that
519     are subject to the minimum standards established under this section and collect data to analyze
520     and evaluate whether the goals and measurements are attained;
521          (b) shall collaborate with the Office of Substance Use and Mental Health to develop
522     and coordinate the performance goals and outcome measurements, including recidivism rates
523     and treatment success and failure rates;
524          (c) may use the data collected under Subsection [(4)(b)] (3)(b) to make decisions on the
525     use of funds to provide treatment for which standards are established under this section;
526          (d) shall collaborate with the Office of Substance Use and Mental Health to track a
527     subgroup of participants to determine if there is a net positive result from the use of treatment
528     as an alternative to incarceration;
529          (e) shall collaborate with the Office of Substance Use and Mental Health to evaluate
530     the costs, including any additional costs, and the resources needed to attain the performance
531     goals established for the use of treatment as an alternative to incarceration; and
532          (f) shall annually provide data collected under this Subsection [(4)] (3) to the State
533     Commission on Criminal and Juvenile Justice on or before August 31.

534          [(5)] (4) The State Commission on Criminal and Juvenile Justice shall compile a
535     written report of the findings based on the data collected under Subsection [(4)] (3) and provide
536     the report to the legislative Judiciary Interim Committee, the Health and Human Services
537     Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
538     related appropriations subcommittees.
539          Section 8. Section 64-13-27 is amended to read:
540          64-13-27. Records -- Access.
541          (1) (a) The Criminal Investigations and Technical Services Division of the Department
542     of Public Safety, established in Section 53-10-103, county attorneys' offices, and state and local
543     law enforcement agencies shall furnish to the department upon request a copy of records of any
544     person arrested in this state.
545          (b) The department shall maintain centralized files on all offenders under the
546     jurisdiction of the department and make the files available for review by other criminal justice
547     agencies upon request in cases where offenders are the subject of active investigations.
548          (2) All records maintained by programs under contract to the department providing
549     services to public offenders are the property of the department.
550          (3) The following information is not a record under Title 63A, Chapter 12, Part 1,
551     Division of Archives and Records Service and Management of Government Records, or Title
552     63G, Chapter 2, Government Records Access and Management Act, and may not be disclosed
553     by the department:
554          (a) identifying information of a person who participates in or administers the execution
555     of a death sentence, including the on-site medical administrator, correctional facility staff,
556     contractors, consultants, executioners, or other staff or volunteers; or
557          (b) identifying information of a person that manufactures, supplies, compounds, or
558     prescribes drugs, medical supplies, medical equipment, or any other equipment used in the
559     execution of a death sentence.
560          (4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
561     Access and Management Act, or any other provision of the Utah Code governing the release of

562     information, the identifying information described in Subsection (3):
563          (a) is not subject to release through discovery or other judicial processes or orders; and
564          (b) may not be introduced as evidence in a civil proceeding, a criminal proceeding, an
565     agency proceeding, or any other administrative or judicial proceeding.
566          (5) Within 90 days after the day on which an execution of a death sentence is
567     performed, the department shall:
568          (a) create a copy of the department's records related to an execution of a death sentence
569     that redacts the personal identifying information listed in Subsection (3); and
570          (b) destroy the original records containing the personal identifying information.
571          (6) A copy of a record created in Subsection (5)(a) shall be classified as protected
572     under Title 63G, Chapter 2, Government Records Access and Management Act.
573          (7) A violation of this section may be punished in accordance with Section 63G-2-801.
574          (8) (a) If any provision of this section or the application of any provision to any person
575     or circumstance is held invalid by a final decision of a court, the remainder of this section shall
576     be given effect without the invalid provision or application.
577          (b) The provisions of this section are severable.
578          Section 9. Section 64-13-29 is amended to read:
579          64-13-29. Violation of parole or probation -- Detention -- Hearing.
580          (1) As used in this section:
581          (a) "72-hour hold" means a directive from the department:
582          (i) prohibiting the release of a parolee or probationer from correctional custody who
583     has entered correctional custody due to a violation of a condition of parole or probation; and
584          (ii) lasting for a maximum of 72 hours, excluding weekends or holidays, from the time
585     the parolee or probationer entered correctional custody.
586          (b) "Correctional custody" means when a parolee or probationer is physically detained
587     in a county jail or a correctional facility operated by the department.
588          (c) "Parolee" means an individual on parole under the supervision of the department.
589          (d) "Probationer" means an individual on probation under the supervision of the

590     department.
591          (e) (i) "Qualifying domestic violence offense" means the same as that term is defined in
592     Subsection 77-36-1.1(4).
593          (ii) "Qualifying domestic violence offense" does not include criminal mischief as
594     described in Section 76-6-106.
595          (f) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
596          [(a)] (2) The department [or local law enforcement agency] shall ensure that the court
597     is notified of violations of the terms and conditions of probation in the case of probationers
598     under the supervision of the department[, the local law enforcement agency,] or the Board of
599     Pardons and Parole in the case of parolees under the department's supervision when:
600          [(i)] (a) [a sanction of] incarceration is recommended as a sanction;
601          [(ii)] (b) the department [or local law enforcement agency] determines that a graduated
602     and evidence-based response is not an appropriate response to the [offender's] violation and
603     recommends revocation of probation or parole; or
604          [(iii)] (c) there is probable cause that the conduct that led to a violation of parole or
605     probation is:
606          [(A)] (i) a violent felony [as defined in Section 76-3-203.5]; or
607          [(B)] (ii) a qualifying domestic violence offense. [as defined in Subsection
608     77-36-1.1(4) that is not a criminal mischief offense.]
609          [(b) In cases where the department desires to detain an offender alleged to have
610     violated his parole or probation and where it is unlikely that the Board of Pardons and Parole or
611     court will conduct a hearing within a reasonable time to determine if the offender has violated
612     his conditions of parole or probation, the department shall hold an administrative hearing
613     within a reasonable time, unless the hearing is waived by the parolee or probationer, to
614     determine if there is probable cause to believe that a violation has occurred.]
615          [(c) If there is a conviction for a crime based on the same charges as the probation or
616     parole violation, or a finding by a federal or state court that there is probable cause to believe
617     that an offender has committed a crime based on the same charges as the probation or parole

618     violation, the department need not hold an administrative hearing.]
619          [(2) The appropriate officer or officers of the department shall, as soon as practical
620     following the department's administrative hearing, report to the court or the Board of Pardons
621     and Parole, furnishing a summary of the hearing, and may make recommendations regarding
622     the disposition to be made of the parolee or probationer.]
623          [(3) (a) Pending any proceeding under this section for a violation of probation or
624     parole, the department:]
625          [(i) except as provided in Subsection (3)(b), may take custody of and detain the parolee
626     or probationer who committed the violation for a period not to exceed 72 hours excluding
627     weekends and holidays; and]
628          [(ii) if the department or the department's agent has probable cause that the conduct
629     that led to the violation is an offense described in Subsection (1)(a)(iii), shall take custody of
630     and detain the parolee or probationer who committed the violation for a period not to exceed 72
631     hours excluding weekends and holidays.]
632          [(b) The 72-hour period described in this Subsection (3) is reduced by the amount of
633     time a probationer or parolee is detained under Subsection 17-22-5.5(6).]
634          [(4) In cases where probationers are supervised by a local law enforcement agency, the
635     agency may take custody of and detain the probationer involved for a period not to exceed 72
636     hours excluding weekends and holidays if:]
637          [(a) the probationer commits a major violation or repeated violations of probation;]
638          [(b) it is unlikely that the court will conduct a hearing within a reasonable time to
639     determine if the offender has violated the conditions of probation; and]
640          [(c) the law enforcement agency conducts an administrative hearing within a
641     reasonable time to determine if there is probable cause to believe the offender has violated the
642     conditions of probation, unless the hearing is waived by the probationer.]
643          [(5) If the requirements for Subsection (4) are met, the local law enforcement agency
644     shall ensure the proper court is notified.]
645          [(6) If the hearing officer determines that there is probable cause to believe that the

646     offender has violated the conditions of the offender's parole or probation, the department may
647     detain the offender for a reasonable period of time after the hearing or waiver, as necessary to
648     arrange for the incarceration of the offender. A written order of the department is sufficient
649     authorization for any peace officer to incarcerate the offender. The department may promulgate
650     rules for the implementation of this section.]
651          [(7) A written order from the local law enforcement agency is sufficient authorization
652     for any peace officer to incarcerate the offender if:]
653          [(a) the probationers are supervised by a local law enforcement agency; and]
654          [(b) the appropriate officer or officers determine that there is probable cause to believe
655     that the offender has violated the conditions of probation.]
656          [(8) If a probationer supervised by a local law enforcement agency commits a violation
657     outside of the jurisdiction of the supervising agency, the arresting agency is not required to
658     hold or transport the probationer for the supervising agency.]
659          (3) The department:
660          (a) may place a 72-hour hold on a parolee or probationer if there is probable cause to
661     believe that the parolee or probationer has committed a violation other than a violent felony or
662     qualifying domestic violence offense; and
663          (b) shall place a 72-hour hold on a parolee or probationer if there is probable cause to
664     believe that the parolee or probationer has committed a violent felony or qualifying domestic
665     violence offense.
666          (4) (a) The department may not detain, or have a county jail detain, a probationer or
667     parolee for longer than 72 hours without a warrant or order issued by the court or Board of
668     Pardons and Parole.
669          (b) To obtain a warrant or order to detain a probationer or parolee for longer than 72
670     hours, the department shall seek the warrant or order from the court for a probationer or the
671     Board of Pardons and Parole for a parolee.
672          (c) The department may decline to seek a warrant or order under Subsection (4)(b) for
673     a probationer or parolee subject to a 72-hour hold and remove the 72-hour hold.

674          (5) This section does not require the department to release a probationer or parolee who
675     is being held for something other than a probation or parole violation, including a warrant
676     issued for new criminal conduct or a new conviction where the individual is sentenced to
677     incarceration.
678          (6) The department may make rules as necessary to implement this section in
679     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
680          Section 10. Section 64-13-43 is amended to read:
681          64-13-43. Use of state vehicles by department personnel.
682          The [department] executive director may authorize the use of a state vehicle for:
683          (1) official and commute purposes for a department employee who:
684          [(1)] (a) supervises probationers or parolees; or
685          [(2)] (b) investigates the criminal activity of inmates, probationers, or parolees[.]; and
686          (2) off-duty personal use.
687          Section 11. Section 77-20-203 is amended to read:
688          77-20-203. County sheriff authority to release an individual from jail on own
689     recognizance.
690          (1) As used in this section:
691          (a) (i) "Qualifying domestic violence offense" means the same as that term is defined in
692     Subsection 77-36-1.1(4).
693          (ii) "Qualifying domestic violence offense" does not include criminal mischief as
694     described in Section 76-6-106.
695          [(a)] (b) "Qualifying offense" means the same as that term is defined in Section
696     78B-7-801.
697          [(b)] (c) "Violent felony" means the same as that term is defined in [Subsection
698     76-3-203.5(1)(c)(i)] Section 76-3-203.5.
699          (2) [A] Except as provided in Subsection (3), a county jail official may release an
700     individual from a jail facility on the individual's own recognizance if:
701          (a) the individual was arrested without a warrant;

702          (b) the individual was not arrested for:
703          (i) a violent felony;
704          (ii) a qualifying offense;
705          (iii) the offense of driving under the influence or driving with a measurable controlled
706     substance in the body if the offense results in death or serious bodily injury to an individual; or
707          (iv) an offense described in Subsection 76-9-101(4);
708          (c) law enforcement has not submitted a probable cause statement to a court or
709     magistrate;
710          (d) the individual agrees in writing to appear for any future criminal proceedings
711     related to the arrest; and
712          (e) the individual qualifies for release under the written policy described in Subsection
713     [(3)] (4) for the county.
714          (3) A county jail official may not release an individual from a jail facility if the
715     individual is subject to a 72-hour hold placed on the individual by the Department of
716     Corrections as described in Section 64-13-29.
717          [(3)] (4) (a) A county sheriff shall create and approve a written policy for the county
718     that governs the release of an individual on the individual's own recognizance.
719          (b) The written policy shall describe the criteria an individual shall meet to be released
720     on the individual's own recognizance.
721          (c) A county sheriff may include in the written policy the criteria for release relating to:
722          (i) criminal history;
723          (ii) prior instances of failing to appear for a mandatory court appearance;
724          (iii) current employment;
725          (iv) residency;
726          (v) ties to the community;
727          (vi) an offense for which the individual was arrested;
728          (vii) any potential criminal charges that have not yet been filed;
729          (viii) the individual's health condition;

730          (ix) any potential risks to a victim, a witness, or the public; and
731          (x) any other similar factor a sheriff determines is relevant.
732          (5) (a) Except as provided in Subsection (5)(b)(ii), a jail facility shall detain an
733     individual for up to 24 hours from booking if:
734          (i) the individual is on supervised probation or parole and that information is
735     reasonably available; and
736          (ii) the individual was arrested for:
737          (A) a violent felony; or
738          (B) a qualifying domestic violence offense.
739          (b) The jail facility shall:
740          (i) notify the entity supervising the individual's probation or parole that the individual
741     is being detained; and
742          (ii) release the individual:
743          (A) to the Department of Corrections if the Department of Corrections supervises the
744     individual and requests the individual's release; or
745          (B) if a court or magistrate orders release.
746          (c) This Subsection (5) does not prohibit a jail facility from holding the individual in
747     accordance with this chapter for a new criminal offense.
748          [(4)] (6) [Nothing in this section prohibits] This section does not prohibit a court and a
749     county from entering into an agreement regarding release.
750          Section 12. Section 77-20-204 is amended to read:
751          77-20-204. County jail authority to release an individual from jail on monetary
752     bail.
753          (1) As used in this section, "eligible felony offense" means a third degree felony
754     violation under:
755          (a) Section 23A-4-501 or 23A-4-502;
756          (b) Section 23A-5-311;
757          (c) Section 23A-5-313;

758          (d) Title 76, Chapter 6, Part 4, Theft;
759          (e) Title 76, Chapter 6, Part 5, Fraud;
760          (f) Title 76, Chapter 6, Part 6, Retail Theft;
761          (g) Title 76, Chapter 6, Part 7, Utah Computer Crimes Act;
762          (h) Title 76, Chapter 6, Part 8, Library Theft;
763          (i) Title 76, Chapter 6, Part 9, Cultural Sites Protection;
764          (j) Title 76, Chapter 6, Part 10, Mail Box Damage and Mail Theft;
765          (k) Title 76, Chapter 6, Part 11, Identity Fraud Act;
766          (l) Title 76, Chapter 6, Part 12, Utah Mortgage Fraud Act;
767          (m) Title 76, Chapter 6, Part 13, Utah Automated Sales Suppression Device Act;
768          (n) Title 76, Chapter 6, Part 14, Regulation of Metal Dealers;
769          (o) Title 76, Chapter 6a, Pyramid Scheme Act;
770          (p) Title 76, Chapter 7, Offenses Against the Family;
771          (q) Title 76, Chapter 7a, Abortion Prohibition;
772          (r) Title 76, Chapter 9, Part 2, Electronic Communication and Telephone Abuse;
773          (s) Title 76, Chapter 9, Part 3, Cruelty to Animals;
774          (t) Title 76, Chapter 9, Part 4, Offenses Against Privacy;
775          (u) Title 76, Chapter 9, Part 5, Libel; or
776          (v) Title 76, Chapter 9, Part 6, Offenses Against the Flag.
777          (2) Except as provided in Subsection (7)(a), a county jail official may fix a financial
778     condition for an individual if:
779          (a) (i) the individual is ineligible to be released on the individual's own recognizance
780     under Section 77-20-203;
781          (ii) the individual is arrested for, or charged with:
782          (A) a misdemeanor offense under state law; or
783          (B) a violation of a city or county ordinance that is classified as a class B or C
784     misdemeanor offense;
785          (iii) the individual agrees in writing to appear for any future criminal proceedings

786     related to the arrest; and
787          (iv) law enforcement has not submitted a probable cause statement to a magistrate; or
788          (b) (i) the individual is arrested for, or charged with, an eligible felony offense;
789          (ii) the individual is not on pretrial release for a separate criminal offense;
790          (iii) the individual is not on probation or parole;
791          (iv) the primary risk posed by the individual is the risk of failure to appear;
792          (v) the individual agrees in writing to appear for any future criminal proceedings
793     related to the arrest; and
794          (vi) law enforcement has not submitted a probable cause statement to a magistrate.
795          (3) A county jail official may not fix a financial condition at a monetary amount that
796     exceeds:
797          (a) $5,000 for an eligible felony offense;
798          (b) $1,950 for a class A misdemeanor offense;
799          (c) $680 for a class B misdemeanor offense;
800          (d) $340 for a class C misdemeanor offense;
801          (e) $150 for a violation of a city or county ordinance that is classified as a class B
802     misdemeanor; or
803          (f) $80 for a violation of a city or county ordinance that is classified as a class C
804     misdemeanor.
805          (4) If an individual is arrested for more than one offense, and the county jail official
806     fixes a financial condition for release:
807          (a) the county jail official shall fix the financial condition at a single monetary amount;
808     and
809          (b) the single monetary amount may not exceed the monetary amount under Subsection
810     (3) for the highest level of offense for which the individual is arrested.
811          (5) Except as provided in Subsection (7)(b), an individual shall be released if the
812     individual posts a financial condition fixed by a county jail official in accordance with this
813     section.

814          (6) If a county jail official fixes a financial condition for an individual, law
815     enforcement shall submit a probable cause statement in accordance with Rule 9 of the Utah
816     Rules of Criminal Procedure after the county jail official fixes the financial condition.
817          (7) Once a magistrate begins a review of an individual's case under Rule 9 of the Utah
818     Rules of Criminal Procedure:
819          (a) a county jail official may not fix or modify a financial condition for an individual;
820     and
821          (b) if a county jail official fixed a financial condition for the individual before the
822     magistrate's review, the individual may no longer be released on the financial condition.
823          (8) A jail facility may not release an individual subject to a 72-hour hold placed on the
824     individual by the Department of Corrections as described in Section 64-13-29.
825          [(8)] (9) [Nothing in this section prohibits] This section does not prohibit a court and a
826     county from entering into an agreement regarding release.
827          Section 13. Section 77-27-11 is amended to read:
828          77-27-11. Revocation of parole.
829          (1) The board may revoke the parole of any individual who is found to have violated
830     any condition of the individual's parole.
831          (2) (a) If a parolee is confined by the department or any law enforcement official for a
832     suspected violation of parole, the department:
833          (i) shall immediately report the alleged violation to the board, by means of an incident
834     report; and
835          (ii) make any recommendation regarding the incident.
836          (b) A parolee may not be held for a period longer than 72 hours, excluding weekends
837     and holidays, without first obtaining a warrant.
838          (c) The board shall expeditiously consider warrant requests from the department under
839     Section 64-13-29.
840          (3) Any member of the board may:
841          (a) issue a warrant based upon a certified warrant request to a peace officer or other

842     persons authorized to arrest, detain, and return to actual custody a parolee; and
843          (b) upon arrest of the parolee, determine, or direct the department to determine, if there
844     is probable cause to believe that the parolee has violated the conditions of the parolee's parole.
845          (4) Upon a finding of probable cause, a parolee may be further detained or imprisoned
846     again pending a hearing by the board or the board's appointed examiner.
847          (5) (a) The board or the board's appointed examiner shall conduct a hearing on the
848     alleged violation, and the parolee shall have written notice of the time and location of the
849     hearing, the alleged violation of parole, and a statement of the evidence against the parolee.
850          (b) The board or the board's appointed examiner shall provide the parolee the
851     opportunity:
852          (i) to be present;
853          (ii) to be heard;
854          (iii) to present witnesses and documentary evidence;
855          (iv) to confront and cross-examine adverse witnesses, absent a showing of good cause
856     for not allowing the confrontation; and
857          (v) to be represented by counsel when the parolee is mentally incompetent or pleading
858     not guilty.
859          (c) (i) If heard by an appointed examiner, the examiner shall make a written decision
860     which shall include a statement of the facts relied upon by the examiner in determining the
861     guilt or innocence of the parolee on the alleged violation and a conclusion as to whether the
862     alleged violation occurred.
863          (ii) The appointed examiner shall then refer the case to the board for disposition.
864          (d) (i) A final decision shall be reached by a majority vote of the sitting members of the
865     board.
866          (ii) A parolee shall be promptly notified in writing of the board's findings and decision.
867          (6) (a) If a parolee is found to have violated the terms of parole, the board, at the
868     board's discretion, may:
869          (i) return the parolee to parole;

870          (ii) modify the payment schedule for the parolee's criminal accounts receivable in
871     accordance with Section 77-32b-105;
872          (iii) order the parolee to pay pecuniary damages that are proximately caused by a
873     defendant's violation of the terms of the defendant's parole;
874          (iv) order the parolee to be imprisoned, but not to exceed the maximum term of
875     imprisonment for the parolee's sentence; or
876          (v) order any other conditions for the parolee.
877          (b) If the board returns the parolee to parole, the length of parole may not be for a
878     period of time that exceeds the length of the parolee's maximum sentence.
879          (c) If the board revokes parole for a violation and orders incarceration, the board may
880     impose a period of incarceration:
881          (i) consistent with the guidelines under Subsection 63M-7-404(5); or
882          (ii) subject to Subsection (6)(a)(iv), impose a period of incarceration that differs from
883     the guidelines.
884          (d) The following periods of time constitute service of time toward the period of
885     incarceration imposed under Subsection (6)(c):
886          (i) time served in jail by a parolee awaiting a hearing or decision concerning revocation
887     of parole; and
888          (ii) time served in jail by a parolee due to a violation of parole under Subsection
889     64-13-6(2).
890          Section 14. Effective date.
891          If approved by two-thirds of all the members elected to each house, this bill takes effect
892     upon approval by the governor, or the day following the constitutional time limit of Utah
893     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
894     the date of veto override.