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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.
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107
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 [
163 [
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 [
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 [
182 (6)(b)(iii) available to the public through the Department of Corrections and the department
183 websites.
184 [
185 implement the pilot program.
186 [
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 [
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 [
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 [
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; [
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 [
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 [
361 (i) (A) is placed on probation by [
362 (B) is released on parole by the Board of Pardons and Parole[
363 (C) [
364 Compact for the Supervision of Parolees and Probationers[
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 [
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 [
506
507
508 [
509
510
511 [
512
513 [
514 [
515 [
516
517 [
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 [
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 [
533 Commission on Criminal and Juvenile Justice on or before August 31.
534 [
535 written report of the findings based on the data collected under Subsection [
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 [
597 is notified of violations of the terms and conditions of probation in the case of probationers
598 under the supervision of the department[
599 Pardons and Parole in the case of parolees under the department's supervision when:
600 [
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602 and evidence-based response is not an appropriate response to the [
603 recommends revocation of probation or parole; or
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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 [
683 (1) official and commute purposes for a department employee who:
684 [
685 [
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 [
696 78B-7-801.
697 [
698
699 (2) [
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 [
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 [
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 [
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 [
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.