Senator Stephanie Pitcher proposes the following substitute bill:


1     
STATE COMMISSION ON CRIMINAL AND JUVENILE

2     
JUSTICE AMENDMENTS

3     
2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Michael K. McKell

6     
House Sponsor: Karianne Lisonbee

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions regarding the State Commission on Criminal and Juvenile
11     Justice.
12     Highlighted Provisions:
13          This bill:
14          ▸     adjusts the number of members on:
15               •     the State Commission on Criminal and Juvenile Justice; and
16               •     the sentencing commission;
17          ▸     amends the duties of the Sentencing Commission;
18          ▸     requires the Legislature to approve the sentencing and supervision length guidelines
19     and the juvenile disposition guidelines developed by the State Commission on
20     Criminal and Juvenile Justice; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a coordination clause.

26     Utah Code Sections Affected:
27     AMENDS:
28          36-29-108, as last amended by Laws of Utah 2023, Chapter 112
29          63M-7-102, as enacted by Laws of Utah 2023, Chapter 177
30          63M-7-202, as last amended by Laws of Utah 2023, Chapter 150
31          63M-7-204, as last amended by Laws of Utah 2023, Chapters 158, 330, 382, and 500
32          63M-7-402, as last amended by Laws of Utah 2020, Chapter 154
33          63M-7-405, as last amended by Laws of Utah 2022, Chapter 274
34          63M-7-406, as renumbered and amended by Laws of Utah 2008, Chapter 382
35          64-13-6, as last amended by Laws of Utah 2023, Chapter 177
36          64-13-14.5, as last amended by Laws of Utah 2015, Chapter 412
37          64-13-21, as last amended by Laws of Utah 2022, Chapter 187
38          64-13g-102, as last amended by Laws of Utah 2023, Chapter 177
39          76-3-202, as last amended by Laws of Utah 2022, Chapter 181
40          76-5-102.1, as last amended by Laws of Utah 2023, Chapters 111, 415
41          76-5-207, as last amended by Laws of Utah 2023, Chapter 415
42          77-2a-2, as last amended by Laws of Utah 2020, Chapter 281
43          77-18-105, as last amended by Laws of Utah 2023, Chapters 111, 257
44          77-18-108, as last amended by Laws of Utah 2023, Chapter 113
45          77-27-5, as last amended by Laws of Utah 2023, Chapters 151, 173
46          77-27-10, as last amended by Laws of Utah 2022, Chapter 430
47          77-27-11, as last amended by Laws of Utah 2022, Chapter 115
48          77-27-32, as enacted by Laws of Utah 2023, Chapter 151
49          80-6-307, as renumbered and amended by Laws of Utah 2021, Chapter 261
50          80-6-607, as renumbered and amended by Laws of Utah 2021, Chapter 261
51     ENACTS:
52          63M-7-101.5, Utah Code Annotated 1953
53          63M-7-401.1, Utah Code Annotated 1953
54          63M-7-402.5, Utah Code Annotated 1953
55          63M-7-404.1, Utah Code Annotated 1953
56          63M-7-404.3, Utah Code Annotated 1953

57          63M-7-404.5, Utah Code Annotated 1953
58     RENUMBERS AND AMENDS:
59          63M-7-401.2, (Renumbered from 63M-7-401, as last amended by Laws of Utah 2021,
60     Chapter 173)
61     REPEALS:
62          63M-7-403, as renumbered and amended by Laws of Utah 2008, Chapter 382
63          63M-7-404, as last amended by Laws of Utah 2023, Chapter 111
64     Utah Code Sections Affected By Coordination Clause:
65          63M-7-202, as last amended by Laws of Utah 2023, Chapter 150
66     

67     Be it enacted by the Legislature of the state of Utah:
68          Section 1. Section 36-29-108 is amended to read:
69          36-29-108. Criminal Code Evaluation Task Force.
70          (1) As used in this section, "task force" means the Criminal Code Evaluation Task
71     Force created in this section.
72          (2) There is created the Criminal Code Evaluation Task Force consisting of the
73     following 15 members:
74          (a) three members of the Senate appointed by the president of the Senate, no more than
75     two of whom may be from the same political party;
76          (b) three members of the House of Representatives appointed by the speaker of the
77     House of Representatives, no more than two of whom may be from the same political party;
78          (c) the executive director of the State Commission on Criminal and Juvenile Justice or
79     the executive director's designee;
80          (d) the director of the [Utah] Sentencing Commission or the director's designee;
81          (e) one member appointed by the presiding officer of the Utah Judicial Council;
82          (f) one member of the Utah Prosecution Council appointed by the chair of the Utah
83     Prosecution Council;
84          (g) the executive director of the Department of Corrections or the executive director's
85     designee;
86          (h) the commissioner of the Department of Public Safety or the commissioner's
87     designee;

88          (i) the director of the Utah Office for Victims of Crime or the director's designee;
89          (j) an individual who represents an association of criminal defense attorneys, appointed
90     by the president of the Senate; and
91          (k) an individual who represents an association of victim advocates, appointed by the
92     speaker of the House of Representatives.
93          (3) (a) The president of the Senate shall designate a member of the Senate appointed
94     under Subsection (2)(a) as a cochair of the task force.
95          (b) The speaker of the House of Representatives shall designate a member of the House
96     of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
97          (4) (a) A majority of the members of the task force constitutes a quorum.
98          (b) The action of a majority of a quorum constitutes an action of the task force.
99          (5) (a) Salaries and expenses of the members of the task force who are legislators shall
100     be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
101     Legislator Compensation.
102          (b) A member of the task force who is not a legislator:
103          (i) may not receive compensation for the member's work associated with the task force;
104     and
105          (ii) may receive per diem and reimbursement for travel expenses incurred as a member
106     of the task force at the rates established by the Division of Finance under Sections 63A-3-106
107     and 63A-3-107.
108          (6) The Office of Legislative Research and General Counsel shall provide staff support
109     to the task force.
110          (7) The task force shall review the state's criminal code and related statutes and make
111     recommendations regarding:
112          (a) the proper classification of crimes by degrees of felony and misdemeanor;
113          (b) standardizing the format of criminal statutes; and
114          (c) other modifications related to the criminal code and related statutes.
115          (8) On or before November 30 of each year that the task force is in effect, the task
116     force shall provide a report, including any proposed legislation, to:
117          (a) the Law Enforcement and Criminal Justice Interim Committee; and
118          (b) the Legislative Management Committee.

119          (9) The task force is repealed July 1, 2028.
120          Section 2. Section 63M-7-101.5 is enacted to read:
121          63M-7-101.5. Definitions for chapter.
122          As used in this chapter:
123          (1) "Commission" means the State Commission on Criminal and Juvenile Justice
124     created in Section 63M-7-201.
125          (2) "Desistance" means an individual's abstinence from further criminal activity after a
126     previous criminal conviction.
127          (3) "Intervention" means a program, sanction, supervision, or event that may impact
128     recidivism.
129          (4) "Recidivism" means a return to criminal activity after a previous criminal
130     conviction.
131          (5) "Recidivism standard metric" means the number of individuals who are returned to
132     prison for a new conviction within the three years after the day on which the individuals were
133     released from prison.
134          Section 3. Section 63M-7-102 is amended to read:
135          63M-7-102. Recidivism metrics -- Reporting.
136          [(1) For purposes of this chapter:]
137          [(a) "Commission" means the State Commission on Criminal and Juvenile Justice
138     created in Section 63M-7-201.]
139          [(b) "Desistance" means an individual's abstinence from further criminal activity after a
140     previous criminal conviction.]
141          [(c) "Intervention" means a program, sanction, supervision, or event that may impact
142     recidivism.]
143          [(d) "Recidivism" means a return to criminal activity after a previous criminal
144     conviction.]
145          [(e) "Recidivism standard metric" means the number of individuals who are returned to
146     prison for a new conviction within the three years after the day on which the individuals were
147     released from prison.]
148          [(2)] (1) (a) The commission, the Department of Corrections, and the Board of Pardons
149     and Parole, when reporting data on statewide recidivism, shall include data reflecting the

150     recidivism standard metric.
151          (b) (i) On or before August 1, 2024, the commission shall reevaluate the recidivism
152     standard metric to determine whether new data streams allow for a broader definition, which
153     may include criminal convictions that do not include prison time.
154          (ii) On or before November 1, 2024, the commission shall report to the Law
155     Enforcement and Criminal Justice Interim Committee:
156          (A) the result of the reevaluation described in Subsection [(2)(b)(i)] (1)(b)(i); and
157          (B) other recommendations regarding standardized recidivism metrics.
158          [(3)] (2) A report on statewide criminal recidivism may also include other information
159     reflecting available recidivism, intervention, or desistance data.
160          [(4)] (3) A criminal justice institution, agency, or entity required to report adult
161     recidivism data to the commission:
162          (a) shall include:
163          (i) a clear description of the eligible individuals, including:
164          (A) the criminal population being evaluated for recidivism; and
165          (B) the interventions that are being evaluated;
166          (ii) a clear description of the beginning and end of the evaluation period; and
167          (iii) a clear description of the events that are considered as a recidivism-triggering
168     event; and
169          (b) may include supplementary data including:
170          (i) the length of time that elapsed before a recidivism-triggering event described in
171     Subsection [(4)(a)(iii)] (3)(a)(iii) occurred;
172          (ii) the severity of a recidivism-triggering event described in Subsection [(4)(a)(iii)]
173     (3)(a)(iii);
174          (iii) measures of personal well-being, education, employment, housing, health, family
175     or social support, civic or community engagement, or legal involvement; or
176          (iv) other desistance metrics that may capture an individual's behavior following the
177     individual's release from an intervention.
178          [(5)] (4) Unless otherwise specified in statute:
179          (a) the evaluation period described in Subsection [(4)(a)(ii)] (3)(a)(ii) is three years;
180     and

181          (b) a recidivism-triggering event under Subsection [(4)(a)(iii)] (3)(a)(iii) shall include:
182          (i) an arrest;
183          (ii) an admission to prison;
184          (iii) a criminal charge; or
185          (iv) a criminal conviction.
186     The following section is affected by a coordination clause at the end of this bill.
187          Section 4. Section 63M-7-202 is amended to read:
188          63M-7-202. Composition -- Appointments -- Ex officio members -- Terms --
189     United States Attorney as nonvoting member.
190          (1) The State Commission on Criminal and Juvenile Justice is composed of [26] 17
191     voting members as follows:
192          [(a) the chief justice of the supreme court, as the presiding officer of the judicial
193     council, or a judge designated by the chief justice;]
194          [(b)] (a) the state court administrator or the state court administrator's designee;
195          [(c)] (b) the executive director of the Department of Corrections or the executive
196     director's designee;
197          [(d)] (c) the executive director of the Department of Health and Human Services or the
198     executive director's designee;
199          [(e)] (d) the commissioner of the Department of Public Safety or the commissioner's
200     designee;
201          [(f)] (e) the attorney general or an attorney designated by the attorney general;
202          [(g)] (f) the president of the chiefs of police association or a chief of police designated
203     by the association's president;
204          [(h)] (g) the president of the sheriffs' association or a sheriff designated by the
205     association's president;
206          [(i)] (h) the chair of the Board of Pardons and Parole or a member of the Board of
207     Pardons and Parole designated by the chair;
208          [(j)] (i) the chair of the Utah Sentencing Commission or a member of the Utah
209     Sentencing Commission designated by the chair;
210          [(k) the chair of the Utah Substance Use and Mental Health Advisory Council or a
211     member of the Utah Substance Use and Mental Health Advisory Council designated by the

212     chair;]
213          [(l) the chair of the Utah Board of Juvenile Justice or a member of the Utah Board of
214     Juvenile Justice designated by the chair;]
215          (j) the chair of the Juvenile Justice Oversight Committee or a member of the Juvenile
216     Justice Oversight Committee designated by the chair;
217          [(m)] (k) the chair of the Utah Victim Services Commission or a member of the Utah
218     Victim Services Commission designated by the chair;
219          [(n) the chair of the Utah Council on Victims of Crime or a member of the Utah
220     Council on Victims of Crime designated by the chair;]
221          [(o) the executive director of the Salt Lake Legal Defender Association or an attorney
222     designated by the executive director;]
223          [(p)] (l) [the chair of the] an indigent defense attorney, appointed by the Utah Indigent
224     Defense Commission [or a member of the Indigent Defense Commission designated by the
225     chair];
226          [(q) the Salt Lake County District Attorney or an attorney designated by the district
227     attorney; and]
228          [(r) the following members designated to serve four-year terms:]
229          [(i) a juvenile court judge, appointed by the chief justice, as presiding officer of the
230     Judicial Council;]
231          [(ii) a representative of the statewide association of public attorneys designated by the
232     association's officers;]
233          [(iii) one member of the House of Representatives who is appointed by the speaker of
234     the House of Representatives; and]
235          [(iv) one member of the Senate who is appointed by the president of the Senate.]
236          (m) a criminal prosecutor, appointed by the Statewide Association of Public Attorneys
237     and Prosecutors;
238          (n) a criminal defense attorney, appointed by the Utah Association of Criminal Defense
239     Lawyers;
240          (o) the executive director of the commission;
241          (p) an education professional, appointed by the State Board of Education; and
242          (q) the director of the Division of Juvenile Justice and Youth Services or the director's

243     designee.
244          [(2) The governor shall appoint the remaining five members to four-year staggered
245     terms as follows:]
246          [(a) one criminal defense attorney appointed from a list of three nominees submitted by
247     the Utah State Bar Association;]
248          [(b) one attorney who primarily represents juveniles in delinquency matters appointed
249     from a list of three nominees submitted by the Utah Bar Association;]
250          [(c) one representative of public education;]
251          [(d) one citizen representative; and]
252          [(e) a representative from a local faith who has experience with the criminal justice
253     system.]
254          [(3) In addition to the members designated under Subsections (1) and (2), the United
255     States Attorney for the district of Utah or an attorney designated by the United States Attorney
256     may serve as a nonvoting member.]
257          [(4)] (2) In addition to the members designated in Subsection (1), the following may
258     serve as non-voting members:
259          (a) a district court judge appointed by the Judicial Council; and
260          (b) a juvenile court judge appointed by the Judicial Council.
261          (3) In appointing the members under [Subsection (2)] Subsections (1) and (2), the
262     [governor] appointing authority shall take into account the geographical makeup of the
263     commission.
264          Section 5. Section 63M-7-204 is amended to read:
265          63M-7-204. Duties of commission.
266          (1) The [State Commission on Criminal and Juvenile Justice administration]
267     commission shall:
268          (a) promote the commission's purposes as enumerated in Section 63M-7-201;
269          (b) promote the communication and coordination of all criminal and juvenile justice
270     agencies;
271          (c) study, evaluate, and report on the status of crime in the state and on the
272     effectiveness of criminal justice policies, procedures, and programs that are directed toward the
273     reduction of crime in the state;

274          (d) study, evaluate, and report on programs initiated by state and local agencies to
275     address reducing recidivism, including changes in penalties and sentencing guidelines intended
276     to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
277     evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
278     alternative to incarceration, as resources allow;
279          (e) study, evaluate, and report on policies, procedures, and programs of other
280     jurisdictions which have effectively reduced crime;
281          (f) identify and promote the implementation of specific policies and programs the
282     commission determines will significantly reduce crime in Utah;
283          (g) provide analysis and recommendations on all criminal and juvenile justice
284     legislation, state budget, and facility requests, including program and fiscal impact on all
285     components of the criminal and juvenile justice system;
286          (h) provide analysis, accountability, recommendations, and supervision for state and
287     federal criminal justice grant money;
288          (i) provide public information on the criminal and juvenile justice system and give
289     technical assistance to agencies or local units of government on methods to promote public
290     awareness;
291          (j) promote research and program evaluation as an integral part of the criminal and
292     juvenile justice system;
293          (k) provide a comprehensive criminal justice plan annually;
294          (l) review agency forecasts regarding future demands on the criminal and juvenile
295     justice systems, including specific projections for secure bed space;
296          (m) promote the development of criminal and juvenile justice information systems that
297     are consistent with common standards for data storage and are capable of appropriately sharing
298     information with other criminal justice information systems by:
299          (i) developing and maintaining common data standards for use by all state criminal
300     justice agencies;
301          (ii) annually performing audits of criminal history record information maintained by
302     state criminal justice agencies to assess their accuracy, completeness, and adherence to
303     standards;
304          (iii) defining and developing state and local programs and projects associated with the

305     improvement of information management for law enforcement and the administration of
306     justice; and
307          (iv) establishing general policies concerning criminal and juvenile justice information
308     systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
309     Subsection (1)(m);
310          (n) allocate and administer grants, from money made available, for approved education
311     programs to help prevent the sexual exploitation of children;
312          (o) allocate and administer grants for law enforcement operations and programs related
313     to reducing illegal drug activity and related criminal activity;
314          (p) request, receive, and evaluate data and recommendations collected and reported by
315     agencies and contractors related to policies recommended by the commission regarding
316     recidivism reduction, including the data described in Section 13-53-111 and Subsection
317     26B-5-102(2)(l);
318          (q) establish and administer a performance incentive grant program that allocates funds
319     appropriated by the Legislature to programs and practices implemented by counties that reduce
320     recidivism and reduce the number of offenders per capita who are incarcerated;
321          (r) oversee or designate an entity to oversee the implementation of juvenile justice
322     reforms;
323          (s) make rules and administer the juvenile holding room standards and juvenile jail
324     standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
325     pursuant to 42 U.S.C. Sec. 5633;
326          (t) allocate and administer grants, from money made available, for pilot qualifying
327     education programs;
328          (u) oversee the trauma-informed justice program described in Section 63M-7-209;
329          (v) request, receive, and evaluate the aggregate data collected from prosecutorial
330     agencies and the Administrative Office of the Courts, in accordance with Sections 63M-7-216
331     and 78A-2-109.5;
332          (w) report annually to the Law Enforcement and Criminal Justice Interim Committee
333     on the progress made on each of the following goals of the Justice Reinvestment Initiative:
334          (i) ensuring oversight and accountability;
335          (ii) supporting local corrections systems;

336          (iii) improving and expanding reentry and treatment services; and
337          (iv) strengthening probation and parole supervision;
338          (x) compile a report of findings based on the data and recommendations provided
339     under Section 13-53-111 and Subsection 26B-5-102(2)(n) that:
340          (i) separates the data provided under Section 13-53-111 by each residential, vocational
341     and life skills program; and
342          (ii) separates the data provided under Subsection 26B-5-102(2)(n) by each mental
343     health or substance use treatment program;
344          (y) publish the report described in Subsection (1)(x) on the commission's website and
345     annually provide the report to the Judiciary Interim Committee, the Health and Human Services
346     Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
347     related appropriations subcommittees[; and];
348          (z) receive, compile, and publish on the commission's website the data provided under:
349          (i) Section 53-23-101;
350          (ii) Section 53-24-102; and
351          (iii) Section 53-26-101; and
352          (aa) accept public comment.
353          (2) If the commission designates an entity under Subsection (1)(r), the commission
354     shall ensure that the membership of the entity includes representation from the three branches
355     of government and, as determined by the commission, representation from relevant stakeholder
356     groups across all parts of the juvenile justice system, including county representation.
357          (3) In fulfilling the commission's duties under Subsection (1), the commission may
358     seek input and request assistance from groups with knowledge and expertise in criminal justice,
359     including other boards and commissions affiliated or housed within the commission.
360          Section 6. Section 63M-7-401.1 is enacted to read:
361          63M-7-401.1. Definitions for part.
362          As used in this part:
363          (1) "Adjudication" means an adjudication, as that term is defined in Section 80-1-102,
364     of an offense under Section 80-6-701.
365          (2) "Adult sentencing and supervision length guidelines" means the guidelines
366     established in Section 63M-7-404.3.

367          (3) "Civil disability" means a legal right or privilege that is revoked as a result of the
368     individual's conviction or adjudication.
369          (4) "Collateral consequence" means:
370          (a) a discretionary disqualification; or
371          (b) a mandatory sanction.
372          (5) "Conviction" means the same as that term is defined in Section 77-38b-102.
373          (6) "Disadvantage" means any legal or regulatory restriction that:
374          (a) is imposed on an individual as a result of the individual's conviction or
375     adjudication; and
376          (b) is not a civil disability or a legal penalty.
377          (7) "Discretionary disqualification" means a penalty, a civil disability, or a
378     disadvantage that a court in a civil proceeding, or a federal, state, or local government agency
379     or official, may impose on an individual as a result of the individual's adjudication or
380     conviction for an offense regardless of whether the penalty, the civil disability, or the
381     disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage.
382          (8) "Juvenile" means a minor as defined in Section 80-1-102.
383          (9) "Juvenile disposition guidelines" means the guidelines established in Section
384     63M-7-404.5.
385          (10) "Mandatory sanction" means a penalty, a civil disability, or a disadvantage that:
386          (a) is imposed on an individual as a result of the individual's adjudication or conviction
387     for an offense regardless of whether the penalty, the civil disability, or the disadvantage is
388     specifically designated as a penalty, a civil disability, or a disadvantage; and
389          (b) is not included in the judgment for the adjudication or conviction.
390          (11) "Master offense list" means a document that contains all offenses that exist in
391     statute and each offense's associated penalty.
392          (12) "Offense" means a felony, a misdemeanor, an infraction, or an adjudication under
393     the laws of this state, another state, or the United States.
394          (13) "Penalty" means an administrative, civil, or criminal sanction imposed to punish
395     the individual for the individual's conviction or adjudication.
396          (14) "Sentencing commission" means the sentencing commission created in Section
397     63M-7-401.2.

398          Section 7. Section 63M-7-401.2, which is renumbered from Section 63M-7-401 is
399     renumbered and amended to read:
400          [63M-7-401].      63M-7-401.2. Creation -- Members -- Appointment --
401     Qualifications.
402          (1) There is created [a state commission to be known as the Sentencing Commission]
403     the sentencing commission, within the commission, that is composed of [28] 15 voting
404     members.
405          (2) The [commission shall] sentencing commission shall:
406          (a) develop by-laws and rules in compliance with Title 63G, Chapter 3, Utah
407     Administrative Rulemaking Act[, and elect its]; and
408          (b) elect the sentencing commission's officers.
409          [(2)] (3) The sentencing commission's members shall be:
410          [(a) two members of the House of Representatives, appointed by the speaker of the
411     House and not of the same political party;]
412          [(b) two members of the Senate, appointed by the president of the Senate and not of the
413     same political party;]
414          [(c)] (a) the executive director of the Department of Corrections or [a designee
415     appointed by the executive director] the executive director's designee;
416          [(d)] (b) the director of the Division of Juvenile Justice and Youth Services or [a
417     designee appointed by the director] the director's designee;
418          [(e)] (c) the executive director of the [Commission on Criminal and Juvenile Justice or
419     a designee appointed by the executive director] commission or the executive director's
420     designee;
421          [(f)] (d) the chair of the Board of Pardons and Parole or [a designee appointed by the
422     chair] the chair's designee;
423          [(g) the chair of the Youth Parole Authority or a designee appointed by the chair;]
424          [(h) two trial judges and an appellate judge appointed by the chair of the Judicial
425     Council;]
426          [(i) two juvenile court judges designated by the chair of the Judicial Council;]
427          [(j) an attorney in private practice who is a member of the Utah State Bar, experienced
428     in criminal defense, and appointed by the Utah Bar Commission;]

429          [(k) an attorney who is a member of the Utah State Bar, experienced in the defense of
430     minors in juvenile court, and appointed by the Utah Bar Commission;]
431          [(l) the director of Salt Lake Legal Defenders or a designee appointed by the director;]
432          [(m)] (e) the state court administrator or the state court administrator's designee;
433          (f) a criminal defense attorney, appointed by the Utah Association of Criminal Defense
434     Lawyers;
435          (g) an indigent defense attorney, appointed by the Indigent Defense Commission;
436          (h) the attorney general or [a designee appointed by the attorney general] the attorney
437     general's designee;
438          [(n)] (i) a criminal prosecutor, appointed by the Statewide Association of Public
439     Attorneys and Prosecutors;
440          [(o) a juvenile court prosecutor appointed by the Statewide Association of Public
441     Attorneys;]
442          [(p)] (j) a representative of the Utah Sheriff's Association appointed by the governor;
443          [(q) a chief of police appointed by the governor;]
444          [(r)]
445          (k) a licensed professional, appointed by the governor, who assists in the rehabilitation
446     of [adult offenders] individuals convicted of an offense;
447          [(s) a licensed professional appointed by the governor who assists in the rehabilitation
448     of juvenile offenders;]
449          [(t) two members from the public appointed by the governor who exhibit sensitivity to
450     the concerns of victims of crime and the ethnic composition of the population;]
451          [(u) one member from the public at large appointed by the governor; and]
452          [(v) a representative of an organization that specializes in civil rights or civil liberties
453     on behalf of incarcerated individuals appointed by the governor.]
454          (l) the chair of the Utah Victim Services Commission or a member of the Utah Victim
455     Services Commission designated by the chair;
456          (m) the chair of the Juvenile Justice Oversight Committee or a member of the Juvenile
457     Justice Oversight Committee designated by the chair;
458          (n) a juvenile prosecuting attorney, appointed by the Statewide Association of Public
459     Attorneys and Prosecutors; and

460          (o) a juvenile defense attorney, appointed by the Utah Association of Criminal Defense
461     Lawyers.
462          (4) In addition to the members described in Subsection (3), the following may serve as
463     non-voting members:
464          (a) a district court judge appointed by the Judicial Council; and
465          (b) a juvenile court judge appointed by the Judicial Council.
466          (5) The executive director of the commission shall hire a director of the sentencing
467     commission to administer and manage the sentencing commission.
468          Section 8. Section 63M-7-402 is amended to read:
469          63M-7-402. Terms of members -- Reappointment -- Vacancy.
470          (1) (a) Except as required by Subsection (1)(b), [as terms of current commission
471     members expire,] the appointing authority shall appoint each new member or reappointed
472     member to a four-year term as the terms of members of the sentencing commission expire.
473          (b) [Notwithstanding the requirements of Subsection (1)(a), the] The appointing
474     authority shall, at the time of appointment or reappointment, adjust the length of terms to
475     ensure that the terms of [commission members] members of the sentencing commission are
476     staggered so that approximately half of the sentencing commission is appointed every two
477     years.
478          (2) If a member of the sentencing commission no longer holds a qualifying position,
479     resigns, or is unable to serve, the appointing authority shall fill the vacancy.
480          [(2)] (3) When a vacancy occurs in the membership for any reason, the replacement
481     shall be appointed for the unexpired term.
482          Section 9. Section 63M-7-402.5 is enacted to read:
483          63M-7-402.5. Compensation of members.
484          (1) A member of the sentencing commission who is not a legislator may not receive
485     compensation or benefits for the member's service, but may receive per diem and travel
486     expenses as allowed in:
487          (a) Section 63A-3-106;
488          (b) Section 63A-3-107; and
489          (c) rules made by the Division of Finance according to Sections 63A-3-106 and
490     63A-3-107.

491          (2) Compensation and expenses of a member of the sentencing commission who is a
492     legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative
493     Compensation and Expenses.
494          Section 10. Section 63M-7-404.1 is enacted to read:
495          63M-7-404.1. Duties of the sentencing commission.
496          (1) The sentencing commission shall establish and maintain:
497          (a) the adult sentencing and supervision length guidelines described in Section
498     63M-7-404.3;
499          (b) the juvenile disposition guidelines described in Section 63M-7-404.5;
500          (c) a master offense list described in Section 63M-7-405; and
501          (d) a collateral consequences guide described in Section 63M-7-405.
502          (2) The sentencing commission may make recommendations to the Legislature, the
503     governor, and the Judicial Council regarding:
504          (a) the adult sentencing and supervision length guidelines described in Section
505     63M-7-404.3;
506          (b) the juvenile disposition guidelines described in Section 63M-7-404.5;
507          (c) a master offense list described in Section 63M-7-405; and
508          (d) a collateral consequences guide described in Section 63M-7-405.
509          (3) The sentencing commission shall use existing data and resources from state
510     criminal justice agencies in carrying out the duties of the sentencing commission.
511          (4) The sentencing commission shall:
512          (a) provide training and recommendations regarding the adult sentencing and
513     supervision length guidelines, the juvenile disposition guidelines, and other documents
514     maintained by the sentencing commission to the three branches of government, in coordination
515     with the commission; and
516          (b) assist and respond to questions from all three branches of government.
517          (5) (a) The sentencing commission may provide analysis and recommendations to the
518     commission regarding proposed legislation or other policy changes that may impact sentencing,
519     release, or supervision of individuals convicted of crimes.
520          (b) The sentencing commission may not take public positions on proposed legislation
521     or other proposed policy changes by the Legislature.

522          (6) The sentencing commission may employ professional assistance and other staff
523     members that the sentencing commission considers necessary to comply with this part.
524          (7) The sentencing commission shall coordinate with the commission on criminal and
525     juvenile justice issues, budget, and administrative support.
526          Section 11. Section 63M-7-404.3 is enacted to read:
527          63M-7-404.3. Adult sentencing and supervision length guidelines.
528          (1) The sentencing commission shall establish and maintain adult sentencing and
529     supervision length guidelines regarding:
530          (a) the sentencing and release of offenders in order to:
531          (i) accept public comment;
532          (ii) relate sentencing practices and correctional resources;
533          (iii) increase equity in sentencing;
534          (iv) better define responsibility in sentencing; and
535          (v) enhance the discretion of the sentencing court while preserving the role of the
536     Board of Pardons and Parole;
537          (b) the length of supervision of offenders on probation or parole in order to:
538          (i) accept public comment;
539          (ii) increase equity in criminal supervision lengths;
540          (iii) relate the length of supervision to an offender's progress;
541          (iv) take into account an offender's risk of offending again;
542          (v) relate the length of supervision to the amount of time an offender has remained
543     under supervision in the community; and
544          (vi) enhance the discretion of the sentencing court while preserving the role of the
545     Board of Pardons and Parole; and
546          (c) appropriate, evidence-based probation and parole supervision policies and services
547     that assist offenders in successfully completing supervision and reduce incarceration rates from
548     community supervision programs while ensuring public safety, including:
549          (i) treatment and intervention completion determinations based on individualized case
550     action plans;
551          (ii) measured and consistent processes for addressing violations of conditions of
552     supervision;

553          (iii) processes that include using positive reinforcement to recognize an offender's
554     progress in supervision;
555          (iv) engaging with social services agencies and other stakeholders who provide
556     services that meet the needs of an offender; and
557          (v) identifying community violations that may not warrant revocation of probation or
558     parole.
559          (2) The sentencing commission shall modify:
560          (a) the adult sentencing and supervision length guidelines to reduce recidivism for the
561     purposes of protecting the public and ensuring efficient use of state funds; and
562          (b) the criminal history score in the adult sentencing and supervision length guidelines
563     to reduce recidivism, including factors in an offender's criminal history that are relevant to the
564     accurate determination of an individual's risk of offending again.
565          Section 12. Section 63M-7-404.5 is enacted to read:
566          63M-7-404.5. Juvenile disposition guidelines.
567          (1) The sentencing commission shall establish and maintain juvenile disposition
568     guidelines that:
569          (a) respond to public comment;
570          (b) relate dispositional practices and rehabilitative resources;
571          (c) increase equity in disposition orders;
572          (d) better define responsibility for disposition orders; and
573          (e) enhance the discretion of the juvenile court while preserving the role of the Youth
574     Parole Authority.
575          (2) The juvenile disposition guidelines shall address how to appropriately respond to
576     negative and positive behavior of juveniles who are:
577          (a) nonjudicially adjusted;
578          (b) placed on diversion;
579          (c) placed on probation;
580          (d) placed on community supervision;
581          (e) placed in an out-of-home placement; or
582          (f) placed in a secure care facility.
583          (3) The juvenile disposition guidelines shall include:

584          (a) other sanctions and incentives including:
585          (i) recommended responses that are swift and certain;
586          (ii) a continuum of community-based options for juveniles living at home;
587          (iii) recommended responses that target the juvenile's criminogenic risk and needs; and
588          (iv) recommended incentives for compliance, including earned discharge credits;
589          (b) a recommendation that, when a juvenile court interacts with a juvenile described in
590     Subsection (2), the juvenile court shall consider:
591          (i) the seriousness of the negative and positive behavior of the juvenile;
592          (ii) the juvenile's conduct postadjudication; and
593          (iii) the juvenile's delinquency history; and
594          (c) appropriate sanctions for a juvenile who commits sexual exploitation of a minor as
595     described in Sections 76-5b-201, or aggravated sexual exploitation of a minor as described in
596     Section 76-5b-201.1, including the application of aggravating and mitigating factors specific to
597     the offense.
598          Section 13. Section 63M-7-405 is amended to read:
599          63M-7-405. Master offense list -- Collateral consequences guide.
600          [(1) (a) A member who is not a legislator may not receive compensation or benefits for
601     the member's service, but may receive per diem and travel expenses as allowed in:]
602          [(i) Section 63A-3-106;]
603          [(ii) Section 63A-3-107; and]
604          [(iii) rules made by the Division of Finance according to Sections 63A-3-106 and
605     63A-3-107.]
606          [(b) Compensation and expenses of a member who is a legislator are governed by
607     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.]
608          [(2) (a) The commission shall submit to the Legislature, the courts, and the governor at
609     least 60 days before the annual general session of the Legislature the commission's reports and
610     recommendations for sentencing guidelines and supervision length guidelines and
611     amendments.]
612          [(b) The commission shall use existing data and resources from state criminal justice
613     agencies.]
614          [(c) The commission may employ professional assistance and other staff members as it

615     considers necessary or desirable.]
616          [(3) The commission shall assist and respond to questions from all three branches of
617     government, but is part of the Commission on Criminal and Juvenile Justice for coordination
618     on criminal and juvenile justice issues, budget, and administrative support.]
619          [(4)] (1) [(a) As used in this Subsection (4), "master offense list" means a document
620     that contains all offenses that exist in statute and each offense's associated penalty.]
621          [(b)] (a) [No later than May 1, 2017, the] The sentencing commission shall create a
622     master offense list.
623          [(c)] (b) [No later than June 30 of each calendar] On or before June 30 of each year, the
624     sentencing commission shall:
625          (i) after the last day of the general legislative session, update the master offense list;
626     and
627          (ii) present the updated master offense list to the Law Enforcement and Criminal
628     Justice Interim Committee.
629          [(5) As used in Subsection (6):]
630          [(a) "Adjudication" means an adjudication, as that term is defined in Section 80-1-102,
631     of an offense under Section 80-6-701.]
632          [(b) "Civil disability" means a legal right or privilege that is revoked as a result of the
633     individual's conviction or adjudication.]
634          [(c) "Collateral consequence" means:]
635          [(i) a discretionary disqualification; or]
636          [(ii) a mandatory sanction.]
637          [(d) "Conviction" means the same as that term is defined in Section 77-38b-102.]
638          [(e) "Disadvantage" means any legal or regulatory restriction that:]
639          [(i) is imposed on an individual as a result of the individual's conviction or
640     adjudication; and]
641          [(ii) is not a civil disability or a legal penalty.]
642          [(f) "Discretionary disqualification" means a penalty, a civil disability, or a
643     disadvantage that a court in a civil proceeding, or a federal, state, or local government agency
644     or official, may impose on an individual as a result of the individual's adjudication or
645     conviction for an offense regardless of whether the penalty, the civil disability, or the

646     disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage.]
647          [(g) "Mandatory sanction" means a penalty, a civil disability, or a disadvantage that:]
648          [(i) is imposed on an individual as a result of the individual's adjudication or
649     conviction for an offense regardless of whether the penalty, the civil disability, or the
650     disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage; and]
651          [(ii) is not included in the judgment for the adjudication or conviction.]
652          [(h) "Offense" means a felony, a misdemeanor, an infraction, or an adjudication under
653     the laws of this state, another state, or the United States.]
654          [(i) "Penalty" means an administrative, civil, or criminal sanction imposed to punish
655     the individual for the individual's conviction or adjudication.]
656          [(6)] (2) (a) The sentencing commission shall:
657          (i) identify any provision of state law, including the Utah Constitution, and any
658     administrative rule that imposes a collateral consequence;
659          (ii) prepare and compile a guide that contains all the provisions identified in
660     Subsection [(6)(a)(i) on or before October 1, 2022] (2)(a)(i); and
661          (iii) update the guide described in Subsection [(6)(a)(ii)] (2)(a)(ii) annually.
662          (b) The sentencing commission shall state in the guide described in Subsection [(6)(a)]
663     (2)(a) that:
664          (i) the guide has not been enacted into law;
665          (ii) the guide does not have the force of law;
666          (iii) the guide is for informational purposes only;
667          (iv) an error or omission in the guide, or in any reference in the guide:
668          (A) has no effect on a plea, an adjudication, a conviction, a sentence, or a disposition;
669     and
670          (B) does not prevent a collateral consequence from being imposed;
671          (v) any laws or regulations for a county, a municipality, another state, or the United
672     States, imposing a collateral consequence are not included in the guide; and
673          (vi) the guide does not include any provision of state law or any administrative rule
674     imposing a collateral consequence that is enacted on or after March 31 of each year.
675          (c) The sentencing commission shall:
676          (i) place the statements described in Subsection [(6)(b)] (2)(b) in a prominent place at

677     the beginning of the guide; and
678          (ii) make the guide available to the public on the sentencing commission's website.
679          (d) The sentencing commission shall:
680          (i) present the updated guide described in Subsection [(6)(a)(iii)] (2)(a)(iii) annually to
681     the Law Enforcement and Criminal Justice Interim Committee; and
682          (ii) identify and recommend legislation on collateral consequences to the Law
683     Enforcement and Criminal Justice Interim Committee.
684          Section 14. Section 63M-7-406 is amended to read:
685          63M-7-406. Reports -- Legislative approval -- Publication of reports.
686          (1) (a) On or before October 31 of each year, the commission shall submit the
687     sentencing and supervision length guidelines and juvenile disposition guidelines created in
688     accordance with this section to the Law Enforcement and Criminal Justice Interim Committee
689     and the Judiciary Interim Committee for review, including any legislative recommendations.
690          (b) Beginning January 1, 2025, the Legislature shall annually authorize, by passing a
691     concurrent resolution, the sentencing and supervision length guidelines and the juvenile
692     disposition guidelines submitted in accordance with Subsection (1)(a).
693          (c) The existing sentencing and supervision length guidelines and juvenile disposition
694     guidelines that were approved in accordance with Subsection (1)(b) shall remain in effect until
695     the day on which the Legislature reauthorizes the sentencing and supervision length guidelines
696     and juvenile disposition guidelines as described in Subsection (1)(b).
697          (2) The sentencing commission shall also be authorized to prepare, publish, and
698     distribute from time to time reports of [its] studies, recommendations, and statements from the
699     sentencing commission.
700          Section 15. Section 64-13-6 is amended to read:
701          64-13-6. Department duties.
702          (1) The department shall:
703          (a) protect the public through institutional care and confinement, and supervision in the
704     community of offenders where appropriate;
705          (b) implement court-ordered punishment of offenders;
706          (c) provide evidence-based and evidence-informed program opportunities for offenders
707     designed to reduce offenders' criminogenic and recidivism risks, including behavioral,

708     cognitive, educational, and career-readiness program opportunities;
709          (d) ensure that offender participation in all program opportunities described in
710     Subsection (1)(c) is voluntary;
711          (e) where appropriate, utilize offender volunteers as mentors in the program
712     opportunities described in Subsection (1)(c);
713          (f) provide treatment for sex offenders who are found to be treatable based upon
714     criteria developed by the department;
715          (g) provide the results of ongoing clinical assessment of sex offenders and objective
716     diagnostic testing to sentencing and release authorities;
717          (h) manage programs that take into account the needs and interests of victims, where
718     reasonable;
719          (i) supervise probationers and parolees as directed by statute and implemented by the
720     courts and the Board of Pardons and Parole;
721          (j) subject to Subsection (2), investigate criminal conduct involving offenders
722     incarcerated in a state correctional facility;
723          (k) cooperate and exchange information with other state, local, and federal law
724     enforcement agencies to achieve greater success in prevention and detection of crime and
725     apprehension of criminals;
726          (l) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
727     Offender Supervision;
728          (m) establish a case action plan based on appropriate validated risk, needs, and
729     responsivity assessments for each offender as follows:
730          (i) (A) if an offender is to be supervised in the community, the department shall
731     establish a case action plan for the offender no later than 60 days after the day on which the
732     department's community supervision of the offender begins; and
733          (B) if the offender is committed to the custody of the department, the department shall
734     establish a case action plan for the offender no later than 90 days after the day on which the
735     offender is committed to the custody of the department;
736          (ii) each case action plan shall integrate an individualized, evidence-based, and
737     evidence-informed treatment and program plan with clearly defined completion requirements;
738          (iii) the department shall share each newly established case action plan with the

739     sentencing and release authority within 30 days after the day on which the case action plan is
740     established; and
741          (iv) the department shall share any changes to a case action plan, including any change
742     in an offender's risk assessment, with the sentencing and release authority within 30 days after
743     the day of the change;
744          (n) ensure that any training or certification required of a public official or public
745     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
746     22, State Training and Certification Requirements, if the training or certification is required:
747          (i) under this title;
748          (ii) by the department; or
749          (iii) by an agency or division within the department; and
750          (o) when reporting on statewide recidivism, include the metrics and requirements
751     described in Section 63M-7-102.
752          (2) The department may in the course of supervising probationers and parolees:
753          (a) respond [in accordance with the graduated and evidence-based processes
754     established by the Utah Sentencing Commission under Subsection 63M-7-404(6),] to an
755     individual's violation of one or more terms of the probation or parole in accordance with the
756     graduated and evidence-based processes established by the adult sentencing and supervision
757     length guidelines, as defined in Section 63M-7-401.1; and
758          (b) upon approval by the court or the Board of Pardons and Parole, impose as a
759     sanction for an individual's violation of the terms of probation or parole a period of
760     incarceration of not more than three consecutive days and not more than a total of five days
761     within a period of 30 days.
762          (3) (a) By following the procedures in Subsection (3)(b), the department may
763     investigate the following occurrences at state correctional facilities:
764          (i) criminal conduct of departmental employees;
765          (ii) felony crimes resulting in serious bodily injury;
766          (iii) death of any person; or
767          (iv) aggravated kidnaping.
768          (b) Before investigating any occurrence specified in Subsection (3)(a), the department
769     shall:

770          (i) notify the sheriff or other appropriate law enforcement agency promptly after
771     ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a) has
772     occurred; and
773          (ii) obtain consent of the sheriff or other appropriate law enforcement agency to
774     conduct an investigation involving an occurrence specified in Subsection (3)(a).
775          (4) Upon request, the department shall provide copies of investigative reports of
776     criminal conduct to the sheriff or other appropriate law enforcement agencies.
777          (5) (a) The executive director of the department, or the executive director's designee if
778     the designee possesses expertise in correctional programming, shall consult at least annually
779     with cognitive and career-readiness staff experts from the Utah system of higher education and
780     the State Board of Education to review the department's evidence-based and evidence-informed
781     treatment and program opportunities.
782          (b) Beginning in the 2022 interim, the department shall provide an annual report to the
783     Law Enforcement and Criminal Justice Interim Committee regarding the department's
784     implementation of and offender participation in evidence-based and evidence-informed
785     treatment and program opportunities designed to reduce the criminogenic and recidivism risks
786     of offenders over time.
787          (6) (a) As used in this Subsection (6):
788          (i) "Accounts receivable" means any amount owed by an offender arising from a
789     criminal judgment that has not been paid.
790          (ii) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
791     surcharges, costs, interest, penalties, restitution to victims, third-party claims, claims,
792     reimbursement of a reward, and damages that an offender is ordered to pay.
793          (b) The department shall collect and disburse, with any interest and any other costs
794     assessed under Section 64-13-21, an accounts receivable for an offender during:
795          (i) the parole period and any extension of that period in accordance with Subsection
796     (6)(c); and
797          (ii) the probation period for which the court orders supervised probation and any
798     extension of that period by the department in accordance with Subsection 77-18-105(7).
799          (c) (i) If an offender has an unpaid balance of the offender's accounts receivable at the
800     time that the offender's sentence expires or terminates, the department shall be referred to the

801     sentencing court for the sentencing court to enter a civil judgment of restitution and a civil
802     accounts receivable as described in Section 77-18-114.
803          (ii) If the board makes an order for restitution within 60 days from the day on which
804     the offender's sentence expires or terminates, the board shall refer the order for restitution to
805     the sentencing court to be entered as a civil judgment of restitution as described in Section
806     77-18-114.
807          (d) This Subsection (6) only applies to offenders sentenced before July 1, 2021.
808          Section 16. Section 64-13-14.5 is amended to read:
809          64-13-14.5. Limits of confinement place -- Release status -- Work release.
810          (1) The department may extend the limits of the place of confinement of an inmate
811     when, as established by department policies and procedures, there is cause to believe the
812     inmate will honor the trust, by authorizing the inmate under prescribed conditions:
813          (a) to leave temporarily for purposes specified by department policies and procedures
814     to visit specifically designated places for a period not to exceed 30 days;
815          (b) to participate in a voluntary training program in the community while housed at a
816     correctional facility or to work at paid employment;
817          (c) to be housed in a nonsecure community correctional center operated by the
818     department; or
819          (d) to be housed in any other facility under contract with the department.
820          (2) (a) The department shall establish rules governing offenders on release status.
821          (b) A copy of the rules established under Subsection (2)(a) shall be furnished to the
822     offender and to any employer or other person participating in the offender's release program.
823          (c) Any employer or other participating person shall agree in writing to abide by the
824     rules established under Subsection (2)(a) and to notify the department of the offender's
825     discharge or other release from a release program activity, or of any violation of the rules
826     governing release status.
827          (3) The willful failure of an inmate to remain within the extended limits of his
828     confinement or to return within the time prescribed to an institution or facility designated by
829     the department is an escape from custody.
830          (4) If an offender is arrested for the commission of a crime, the arresting authority shall
831     immediately notify the department of the arrest.

832          (5) The department may impose appropriate sanctions pursuant to Section 64-13-21
833     upon offenders who violate [guidelines established by the Utah Sentencing Commission] the
834     adult sentencing and supervision length guidelines, as defined in Section 63M-7-401.1,
835     including prosecution for escape under Section 76-8-309 and for unauthorized absence.
836          (6) An inmate who is housed at a nonsecure correctional facility and on work release
837     may not be required to work for less than the current federally established minimum wage, or
838     under substandard working conditions.
839          Section 17. Section 64-13-21 is amended to read:
840          64-13-21. Supervision of sentenced offenders placed in community -- Rulemaking
841     -- POST certified parole or probation officers and peace officers -- Duties -- Supervision
842     fee.
843          (1) (a) The department, except as otherwise provided by law, shall supervise sentenced
844     offenders placed in the community on probation by the courts, on parole by the Board of
845     Pardons and Parole, or upon acceptance for supervision under the terms of the Interstate
846     Compact for the Supervision of Parolees and Probationers.
847          (b) If a sentenced offender participates in substance use treatment or a residential,
848     vocational and life skills program, as defined in Section 13-53-102, while under supervision on
849     probation or parole, the department shall monitor the offender's compliance with and
850     completion of the treatment or program.
851          (c) The department shall establish standards for:
852          (i) the supervision of offenders in accordance with [sentencing guidelines and
853     supervision length guidelines, including the graduated and evidence-based responses,
854     established by the Utah Sentencing Commission] the adult sentencing and supervision length
855     guidelines, as defined in Section 63M-7-401.1, giving priority, based on available resources, to
856     felony offenders and offenders sentenced under Subsection 58-37-8 (2)(b)(ii); and
857          (ii) the monitoring described in Subsection (1)(b).
858          (2) The department shall apply the graduated and evidence-based responses established
859     [by the Utah Sentencing Commission] in the adult sentencing and supervision length
860     guidelines, as defined in Section 63M-7-401.1, to facilitate a prompt and appropriate response
861     to an individual's violation of the terms of probation or parole, including:
862          (a) sanctions to be used in response to a violation of the terms of probation or parole;

863     and
864          (b) requesting approval from the court or Board of Pardons and Parole to impose a
865     sanction for an individual's violation of the terms of probation or parole, for a period of
866     incarceration of not more than three consecutive days and not more than a total of five days
867     within a period of 30 days.
868          (3) The department shall implement a program of graduated incentives as established
869     [by the Utah Sentencing Commission] in the adult sentencing and supervision length
870     guidelines, as defined in Section 63M-7-401.1, to facilitate the department's prompt and
871     appropriate response to an offender's:
872          (a) compliance with the terms of probation or parole; or
873          (b) positive conduct that exceeds those terms.
874          (4) (a) The department shall, in collaboration with the State Commission on Criminal
875     and Juvenile Justice and the Division of Substance Abuse and Mental Health, create standards
876     and procedures for the collection of information, including cost savings related to recidivism
877     reduction and the reduction in the number of inmates, related to the use of the graduated and
878     evidence-based responses and graduated incentives, and offenders' outcomes.
879          (b) The collected information shall be provided to the State Commission on Criminal
880     and Juvenile Justice not less frequently than annually on or before August 31.
881          (5) Employees of the department who are POST certified as law enforcement officers
882     or correctional officers and who are designated as parole and probation officers by the
883     executive director have the following duties:
884          (a) monitoring, investigating, and supervising a parolee's or probationer's compliance
885     with the conditions of the parole or probation agreement;
886          (b) investigating or apprehending any offender who has escaped from the custody of
887     the department or absconded from supervision;
888          (c) supervising any offender during transportation; or
889          (d) collecting DNA specimens when the specimens are required under Section
890     53-10-404.
891          (6) (a) (i) A monthly supervision fee of $30 shall be collected from each offender on
892     probation or parole.
893          (ii) The fee described in Subsection (6)(a)(i) may be suspended or waived by the

894     department upon a showing by the offender that imposition would create a substantial hardship
895     or if the offender owes restitution to a victim.
896          (b) (i) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
897     Administrative Rulemaking Act, specifying the criteria for suspension or waiver of the
898     supervision fee and the circumstances under which an offender may request a hearing.
899          (ii) In determining whether the imposition of the supervision fee would constitute a
900     substantial hardship, the department shall consider the financial resources of the offender and
901     the burden that the fee would impose, with regard to the offender's other obligations.
902          (7) (a) For offenders placed on probation under Section 77-18-105 or parole under
903     Subsection 76-3-202(2)(a) on or after October 1, 2015, but before January 1, 2019, the
904     department shall establish a program allowing an offender to earn credits for the offender's
905     compliance with the terms of the offender's probation or parole, which shall be applied to
906     reducing the period of probation or parole as provided in this Subsection (7).
907          (b) The program shall provide that an offender earns a reduction credit of 30 days from
908     the offender's period of probation or parole for each month the offender completes without any
909     violation of the terms of the offender's probation or parole agreement, including the case action
910     plan.
911          (c) The department shall maintain a record of credits earned by an offender under this
912     Subsection (7) and shall request from the court or the Board of Pardons and Parole the
913     termination of probation or parole not fewer than 30 days prior to the termination date that
914     reflects the credits earned under this Subsection (7).
915          (d) This Subsection (7) does not prohibit the department from requesting a termination
916     date earlier than the termination date established by earned credits under Subsection (7)(c).
917          (e) The court or the Board of Pardons and Parole shall terminate an offender's
918     probation or parole upon completion of the period of probation or parole accrued by time
919     served and credits earned under this Subsection (7) unless the court or the Board of Pardons
920     and Parole finds that termination would interrupt the completion of a necessary treatment
921     program, in which case the termination of probation or parole shall occur when the treatment
922     program is completed.
923          (f) The department shall report annually to the State Commission on Criminal and
924     Juvenile Justice on or before August 31:

925          (i) the number of offenders who have earned probation or parole credits under this
926     Subsection (7) in one or more months of the preceding fiscal year and the percentage of the
927     offenders on probation or parole during that time that this number represents;
928          (ii) the average number of credits earned by those offenders who earned credits;
929          (iii) the number of offenders who earned credits by county of residence while on
930     probation or parole;
931          (iv) the cost savings associated with sentencing reform programs and practices; and
932          (v) a description of how the savings will be invested in treatment and
933     early-intervention programs and practices at the county and state levels.
934          Section 18. Section 64-13g-102 is amended to read:
935          64-13g-102. Adult Probation and Parole Employment Incentive Program.
936          (1) There is created the Adult Probation and Parole Employment Incentive Program.
937          (2) The department and the office shall implement the program in accordance with the
938     requirements of this chapter.
939          (3) Beginning July 2026, and each July after 2026, the department shall calculate and
940     report to the office, for the preceding fiscal year, for each region and statewide:
941          (a) the parole employment rate and the average length of employment of individuals on
942     parole;
943          (b) the probation employment rate and average length of employment of individuals on
944     felony probation;
945          (c) the recidivism percentage, using applicable recidivism metrics described in
946     Subsections [63M-7-102(2) and (4)] 63M-7-102(1) and (3);
947          (d) the number and percentage of individuals who successfully complete parole or
948     felony probation;
949          (e) if the recidivism percentage described in Subsection (3)(c) represents a decrease in
950     the recidivism percentage when compared to the fiscal year immediately preceding the fiscal
951     year to which the recidivism percentage described in Subsection (3)(c) relates, the estimated
952     costs of incarceration savings to the state, based on the marginal cost of incarceration;
953          (f) the number of individuals who successfully complete parole and, during the entire
954     six months before the day on which the individuals' parole ends, held eligible employment; and
955          (g) the number of individuals who successfully complete felony probation and, during

956     the entire six months before the day on which the individuals' parole ended, held eligible
957     employment.
958          (4) In addition to the information described in Subsection (3), the department shall
959     report, for each region, the number and types of parole or probation programs that were
960     created, replaced, or discontinued during the preceding fiscal year.
961          (5) After receiving the information described in Subsections (3) and (4), the office, in
962     consultation with the department, shall, for each region:
963          (a) add the region's baseline parole employment rate and the region's baseline probation
964     employment rate;
965          (b) add the region's parole employment rate and the region's probation employment
966     rate;
967          (c) subtract the sum described in Subsection (5)(a) from the sum described in
968     Subsection (5)(b); and
969          (d) (i) if the rate difference described in Subsection (5)(c) is zero or less than zero,
970     assign an employment incentive payment of zero to the region; or
971          (ii) except as provided in Subsection (7), if the rate difference described in Subsection
972     (5)(c) is greater than zero, assign an employment incentive payment to the region by:
973          (A) multiplying the rate difference by the average daily population for that region; and
974          (B) multiplying the product of the calculation described in Subsection (5)(d)(ii)(A) by
975     $2,500.
976          (6) In addition to the employment incentive payment described in Subsection (5), after
977     receiving the information described in Subsections (3) and (4), the office, in consultation with
978     the department, shall, for each region, multiply the sum of the numbers described in
979     Subsections (3)(f) and (g) for the region by $2,500 to determine the end-of-supervision
980     employment incentive payment for the region.
981          (7) The employment incentive payment, or end-of-supervision employment supervision
982     payment, for a region is zero if the recidivism percentage for the region, described in
983     Subsection (3)(c), represents an increase in the recidivism percentage when compared to the
984     fiscal year immediately preceding the fiscal year to which the recidivism percentage for the
985     region, described in Subsection (3)(c), relates.
986          (8) Upon determining an employment incentive payment for a region in accordance

987     with Subsections (5)(d)(ii), (6), and (7), the office shall authorize distribution, from the
988     restricted account, of the incentive payment as follows:
989          (a) 15% of the payment may be used by the department for expenses related to
990     administering the program; and
991          (b) 85% of the payment shall be used by the region to improve and expand supervision
992     and rehabilitative services to individuals on parole or adult probation, including by:
993          (i) implementing and expanding evidence-based practices for risk and needs
994     assessments for individuals;
995          (ii) implementing and expanding intermediate sanctions, including mandatory
996     community service, home detention, day reporting, restorative justice programs, and furlough
997     programs;
998          (iii) expanding the availability of evidence-based practices for rehabilitation programs,
999     including drug and alcohol treatment, mental health treatment, anger management, cognitive
1000     behavior programs, and job training and other employment services;
1001          (iv) hiring additional officers, contractors, or other personnel to implement
1002     evidence-based practices for rehabilitative and vocational programing;
1003          (v) purchasing and adopting new technologies or equipment that are relevant to, and
1004     enhance, supervision, rehabilitation, or vocational training; or
1005          (vi) evaluating the effectiveness of rehabilitation and supervision programs and
1006     ensuring program fidelity.
1007          (9) (a) The report described in Subsections (3) and (4) is a public record.
1008          (b) The department shall maintain a complete and accurate accounting of the payment
1009     and use of funds under this section.
1010          (c) If the money in the restricted account is insufficient to make the full employment
1011     incentive payments or the full end-of-supervision employment incentive payments, the office
1012     shall authorize the payments on a prorated basis.
1013          Section 19. Section 76-3-202 is amended to read:
1014          76-3-202. Paroled individuals -- Termination or discharge from sentence -- Time
1015     served on parole -- Discretion of Board of Pardons and Parole.
1016          (1) [Every] As described in Subsection 77-27-5(7), every individual committed to the
1017     state prison to serve an indeterminate term and, after December 31, 2018, released on parole

1018     shall complete a term of parole that extends through the expiration of the individual's
1019     maximum sentence unless the parole is earlier terminated by the Board of Pardons and Parole
1020     in accordance with the [supervision length guidelines established by the Utah Sentencing
1021     Commission under Section 63M-7-404, as described in Subsection 77-27-5(7),] adult
1022     sentencing and supervision length guidelines, as defined in Section 63M-7-401.1, to the extent
1023     the guidelines are consistent with the requirements of the law.
1024          (2) (a) Except as provided in Subsection (2)(b), [every] an individual committed to the
1025     state prison to serve an indeterminate term and released on parole on or after October 1, 2015,
1026     but before January 1, 2019, shall, upon completion of three years on parole outside of
1027     confinement and without violation, be terminated from the individual's sentence unless the
1028     parole is earlier terminated by the Board of Pardons and Parole or is terminated pursuant to
1029     Section 64-13-21.
1030          (b) [Every] An individual committed to the state prison to serve an indeterminate term
1031     and later released on parole on or after July 1, 2008, but before January 1, 2019, and who was
1032     convicted of [any] a felony offense under Chapter 5, Offenses Against the Individual, or [any]
1033     an attempt, conspiracy, or solicitation to commit [any of these felony offenses] the offense,
1034     shall complete a term of parole that extends through the expiration of the individual's
1035     maximum sentence, unless the parole is earlier terminated by the Board of Pardons and Parole.
1036          (3) [Every] An individual convicted of a second degree felony for violating Section
1037     76-5-404, forcible sexual abuse; Section 76-5-404.1, sexual abuse of a child; or Section
1038     76-5-404.3, aggravated sexual abuse of a child; or attempting, conspiring, or soliciting the
1039     commission of a violation of any of those sections, and who is paroled before July 1, 2008,
1040     shall, upon completion of 10 years parole outside of confinement and without violation, be
1041     terminated from the sentence unless the individual is earlier terminated by the Board of
1042     Pardons and Parole.
1043          (4) An individual who violates the terms of parole, while serving parole, for any
1044     offense under Subsection (1), (2), or (3), shall at the discretion of the Board of Pardons and
1045     Parole be recommitted to prison to serve the portion of the balance of the term as determined
1046     by the Board of Pardons and Parole, but not to exceed the maximum term.
1047          (5) An individual paroled following a former parole revocation may not be discharged
1048     from the individual's sentence until:

1049          (a) the individual has served the applicable period of parole under this section outside
1050     of confinement;
1051          (b) the individual's maximum sentence has expired; or
1052          (c) the Board of Pardons and Parole orders the individual to be discharged from the
1053     sentence.
1054          (6) (a) All time served on parole, outside of confinement and without violation,
1055     constitutes service toward the total sentence.
1056          (b) Any time an individual spends outside of confinement after commission of a parole
1057     violation does not constitute service toward the total sentence unless the individual is
1058     exonerated at a parole revocation hearing.
1059          (c) (i) Any time an individual spends in confinement awaiting a hearing before the
1060     Board of Pardons and Parole or a decision by the board concerning revocation of parole
1061     constitutes service toward the total sentence.
1062          (ii) In the case of exoneration by the board, the time spent is included in computing the
1063     total parole term.
1064          (7) When a parolee causes the parolee's absence from the state without authority from
1065     the Board of Pardons and Parole or avoids or evades parole supervision, the period of absence,
1066     avoidance, or evasion tolls the parole period.
1067          (8) (a) While on parole, time spent in confinement outside the state may not be credited
1068     toward the service of any Utah sentence.
1069          (b) Time in confinement outside the state or in the custody of any tribal authority or the
1070     United States government for a conviction obtained in another jurisdiction tolls the expiration
1071     of the Utah sentence.
1072          (9) This section does not preclude the Board of Pardons and Parole from paroling or
1073     discharging an inmate at any time within the discretion of the Board of Pardons and Parole
1074     unless otherwise specifically provided by law.
1075          (10) A parolee sentenced to lifetime parole may petition the Board of Pardons and
1076     Parole for termination of lifetime parole.
1077          Section 20. Section 76-5-102.1 is amended to read:
1078          76-5-102.1. Negligently operating a vehicle resulting in injury.
1079          (1) (a) As used in this section:

1080          (i) "Controlled substance" means the same as that term is defined in Section 58-37-2.
1081          (ii) "Drug" means the same as that term is defined in Section 76-5-207.
1082          (iii) "Negligent" or "negligence" means the same as that term is defined in Section
1083     76-5-207.
1084          (iv) "Vehicle" means the same as that term is defined in Section 41-6a-501.
1085          (b) Terms defined in Section 76-1-101.5 apply to this section.
1086          (2) An actor commits negligently operating a vehicle resulting in injury if the actor:
1087          (a) (i) operates a vehicle in a negligent manner causing bodily injury to another; and
1088          (ii) (A) has sufficient alcohol in the actor's body such that a subsequent chemical test
1089     shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the
1090     time of the test;
1091          (B) is under the influence of alcohol, a drug, or the combined influence of alcohol and
1092     a drug to a degree that renders the actor incapable of safely operating a vehicle; or
1093          (C) has a blood or breath alcohol concentration of .05 grams or greater at the time of
1094     operation; or
1095          (b) (i) operates a vehicle in a criminally negligent manner causing bodily injury to
1096     another; and
1097          (ii) has in the actor's body any measurable amount of a controlled substance.
1098          (3) Except as provided in Subsection (4), a violation of Subsection (2) is:
1099          (a) (i) a class A misdemeanor; or
1100          (ii) a third degree felony if the bodily injury is serious bodily injury; and
1101          (b) a separate offense for each victim suffering bodily injury as a result of the actor's
1102     violation of this section, regardless of whether the injuries arise from the same episode of
1103     driving.
1104          (4) An actor is not guilty of negligently operating a vehicle resulting in injury under
1105     Subsection (2)(b) if:
1106          (a) the controlled substance was obtained under a valid prescription or order, directly
1107     from a practitioner while acting in the course of the practitioner's professional practice, or as
1108     otherwise authorized by Title 58, Occupations and Professions;
1109          (b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
1110          (c) the actor possessed, in the actor's body, a controlled substance listed in Section

1111     58-37-4.2 if:
1112          (i) the actor is the subject of medical research conducted by a holder of a valid license
1113     to possess controlled substances under Section 58-37-6; and
1114          (ii) the substance was administered to the actor by the medical researcher.
1115          (5) (a) A judge imposing a sentence under this section may consider:
1116          (i) the [sentencing guidelines developed in accordance with Section 63M-7-404] adult
1117     sentencing and supervision length guidelines, as defined in Section 63M-7-401.1;
1118          (ii) the defendant's history;
1119          (iii) the facts of the case;
1120          (iv) aggravating and mitigating factors; or
1121          (v) any other relevant fact.
1122          (b) The judge may not impose a lesser sentence than would be required for a conviction
1123     based on the defendant's history under Section 41-6a-505.
1124          (c) The standards for chemical breath analysis under Section 41-6a-515 and the
1125     provisions for the admissibility of chemical test results under Section 41-6a-516 apply to
1126     determination and proof of blood alcohol content under this section.
1127          (d) A calculation of blood or breath alcohol concentration under this section shall be
1128     made in accordance with Subsection 41-6a-502(3).
1129          (e) Except as provided in Subsection (4), the fact that an actor charged with violating
1130     this section is or has been legally entitled to use alcohol or a drug is not a defense.
1131          (f) Evidence of a defendant's blood or breath alcohol content or drug content is
1132     admissible except if prohibited by the Utah Rules of Evidence, the United States Constitution,
1133     or the Utah Constitution.
1134          (g) In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an offense
1135     described in this section may not be held in abeyance.
1136          Section 21. Section 76-5-207 is amended to read:
1137          76-5-207. Negligently operating a vehicle resulting in death -- Penalties --
1138     Evidence.
1139          (1) (a) As used in this section:
1140          (i) "Controlled substance" means the same as that term is defined in Section 58-37-2.
1141          (ii) "Criminally negligent" means the same as that term is described in Subsection

1142     76-2-103(4).
1143          (iii) "Drug" means:
1144          (A) a controlled substance;
1145          (B) a drug as defined in Section 58-37-2; or
1146          (C) a substance that, when knowingly, intentionally, or recklessly taken into the human
1147     body, can impair the ability of an individual to safely operate a vehicle.
1148          (iv) "Negligent" or "negligence" means simple negligence, the failure to exercise that
1149     degree of care that reasonable and prudent persons exercise under like or similar circumstances.
1150          (v) "Vehicle" means the same as that term is defined in Section 41-6a-501.
1151          (b) Terms defined in Section 76-1-101.5 apply to this section.
1152          (2) An actor commits negligently operating a vehicle resulting in death if the actor:
1153          (a) (i) operates a vehicle in a negligent or criminally negligent manner causing the
1154     death of another individual;
1155          (ii) (A) has sufficient alcohol in the actor's body such that a subsequent chemical test
1156     shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the
1157     time of the test;
1158          (B) is under the influence of alcohol, any drug, or the combined influence of alcohol
1159     and any drug to a degree that renders the actor incapable of safely operating a vehicle; or
1160          (C) has a blood or breath alcohol concentration of .05 grams or greater at the time of
1161     operation; or
1162          (b) (i) operates a vehicle in a criminally negligent manner causing death to another; and
1163          (ii) has in the actor's body any measurable amount of a controlled substance.
1164          (3) Except as provided in Subsection (4), an actor who violates Subsection (2) is guilty
1165     of:
1166          (a) a second degree felony; and
1167          (b) a separate offense for each victim suffering death as a result of the actor's violation
1168     of this section, regardless of whether the deaths arise from the same episode of driving.
1169          (4) An actor is not guilty of a violation of negligently operating a vehicle resulting in
1170     death under Subsection (2)(b) if:
1171          (a) the controlled substance was obtained under a valid prescription or order, directly
1172     from a practitioner while acting in the course of the practitioner's professional practice, or as

1173     otherwise authorized by Title 58, Occupations and Professions;
1174          (b) the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
1175          (c) the actor possessed, in the actor's body, a controlled substance listed in Section
1176     58-37-4.2 if:
1177          (i) the actor is the subject of medical research conducted by a holder of a valid license
1178     to possess controlled substances under Section 58-37-6; and
1179          (ii) the substance was administered to the actor by the medical researcher.
1180          (5) (a) A judge imposing a sentence under this section may consider:
1181          (i) the [sentencing guidelines developed in accordance with Section 63M-7-404] adult
1182     sentencing and supervision length guidelines, as defined in Section 63M-7-401.1;
1183          (ii) the defendant's history;
1184          (iii) the facts of the case;
1185          (iv) aggravating and mitigating factors; or
1186          (v) any other relevant fact.
1187          (b) The judge may not impose a lesser sentence than would be required for a conviction
1188     based on the defendant's history under Section 41-6a-505.
1189          (c) The standards for chemical breath analysis as provided by Section 41-6a-515 and
1190     the provisions for the admissibility of chemical test results as provided by Section 41-6a-516
1191     apply to determination and proof of blood alcohol content under this section.
1192          (d) A calculation of blood or breath alcohol concentration under this section shall be
1193     made in accordance with Subsection 41-6a-502(3).
1194          (e) Except as provided in Subsection (4), the fact that an actor charged with violating
1195     this section is or has been legally entitled to use alcohol or a drug is not a defense.
1196          (f) Evidence of a defendant's blood or breath alcohol content or drug content is
1197     admissible except when prohibited by the Utah Rules of Evidence, the United States
1198     Constitution, or the Utah Constitution.
1199          (g) In accordance with Subsection 77-2a-3(8), a guilty or no contest plea to an offense
1200     described in this section may not be held in abeyance.
1201          Section 22. Section 77-2a-2 is amended to read:
1202          77-2a-2. Plea in abeyance agreement -- Negotiation -- Contents -- Terms of
1203     agreement -- Waiver of time for sentencing.

1204          (1) At any time after acceptance of a plea of guilty or no contest but before entry of
1205     judgment of conviction and imposition of sentence, the court may, upon motion of both the
1206     prosecuting attorney and the defendant, hold the plea in abeyance and not enter judgment of
1207     conviction against the defendant nor impose sentence upon the defendant within the time
1208     periods contained in Rule 22(a), Utah Rules of Criminal Procedure.
1209          (2) A defendant shall be represented by counsel during negotiations for a plea in
1210     abeyance and at the time of acknowledgment and affirmation of any plea in abeyance
1211     agreement unless the defendant knowingly and intelligently waives the defendant's right to
1212     counsel.
1213          (3) A defendant has the right to be represented by counsel at any court hearing relating
1214     to a plea in abeyance agreement.
1215          (4) (a) Any plea in abeyance agreement entered into between the prosecution and the
1216     defendant and approved by the court shall include a full, detailed recitation of the requirements
1217     and conditions agreed to by the defendant and the reason for requesting the court to hold the
1218     plea in abeyance.
1219          (b) If the plea is to a felony or any combination of misdemeanors and felonies, the
1220     agreement shall be in writing and shall, before acceptance by the court, be executed by the
1221     prosecuting attorney, the defendant, and the defendant's counsel in the presence of the court.
1222          (5) (a) Except as provided in Subsection (5)(b), a plea may not be held in abeyance for
1223     a period longer than 18 months if the plea is to any class of misdemeanor or longer than three
1224     years if the plea is to any degree of felony or to any combination of misdemeanors and felonies.
1225          (b) (i) For a plea in abeyance agreement that [Adult Probation and Parole] the
1226     Department of Corrections supervises, the plea may not be held in abeyance for a period longer
1227     than the initial term of probation required under the [supervision length guidelines described in
1228     Section 63M-7-404] adult sentencing and supervision length guidelines, as defined in Section
1229     63M-7-401.1, if the initial term of probation is shorter than the period required under
1230     Subsection (5)(a).
1231          (ii) Subsection (5)(b)(i) does not:
1232          (A) apply to a plea that is held in abeyance in a drug court created under Title 78A,
1233     Chapter 5, Part 2, Drug Court, or a problem solving court approved by the Judicial Council; or
1234          (B) prohibit court supervision of a plea in abeyance agreement after the day on which

1235     the [Adult Probation and Parole] Department of Corrections supervision described in
1236     Subsection (5)(b)(i) ends and before the day on which the plea in abeyance agreement ends.
1237          (6) Notwithstanding Subsection (5), a plea may be held in abeyance for up to two years
1238     if the plea is to any class of misdemeanor and the plea in abeyance agreement includes a
1239     condition that the defendant participate in a problem solving court approved by the Judicial
1240     Council.
1241          (7) A plea in abeyance agreement may not be approved unless the defendant, before the
1242     court, and any written agreement, knowingly and intelligently waives time for sentencing as
1243     designated in Rule 22(a), Utah Rules of Criminal Procedure.
1244          Section 23. Section 77-18-105 is amended to read:
1245          77-18-105. Pleas held in abeyance -- Suspension of a sentence -- Probation --
1246     Supervision -- Terms and conditions of probation -- Time periods for probation -- Bench
1247     supervision for payments on criminal accounts receivable.
1248          (1) If a defendant enters a plea of guilty or no contest in conjunction with a plea in
1249     abeyance agreement, the court may hold the plea in abeyance:
1250          (a) in accordance with Chapter 2a, Pleas in Abeyance; and
1251          (b) under the terms of the plea in abeyance agreement.
1252          (2) If a defendant is convicted, the court:
1253          (a) shall impose a sentence in accordance with Section 76-3-201; and
1254          (b) subject to Subsection (5), may suspend the execution of the sentence and place the
1255     defendant:
1256          (i) on probation under the supervision of the department;
1257          (ii) on probation under the supervision of an agency of a local government or a private
1258     organization; or
1259          (iii) on court probation under the jurisdiction of the sentencing court.
1260          (3) (a) The legal custody of all probationers under the supervision of the department is
1261     with the department.
1262          (b) The legal custody of all probationers under the jurisdiction of the sentencing court
1263     is vested as ordered by the court.
1264          (c) The court has continuing jurisdiction over all probationers.
1265          (4) (a) Court probation may include an administrative level of services, including

1266     notification to the sentencing court of scheduled periodic reviews of the probationer's
1267     compliance with conditions.
1268          (b) Supervised probation services provided by the department, an agency of a local
1269     government, or a private organization shall specifically address the defendant's risk of
1270     reoffending as identified by a screening or an assessment.
1271          (c) If a court orders supervised probation and determines that a public probation
1272     provider is unavailable or inappropriate to supervise the defendant, the court shall make
1273     available to the defendant the list of private probation providers prepared by a criminal justice
1274     coordinating council under Section 17-55-201.
1275          (5) (a) Before ordering supervised probation, the court shall consider the supervision
1276     costs to the defendant for each entity that can supervise the defendant.
1277          (b) (i) A court may order an agency of a local government to supervise the probation
1278     for an individual convicted of any crime if:
1279          (A) the agency has the capacity to supervise the individual; and
1280          (B) the individual's supervision needs will be met by the agency.
1281          (ii) A court may only order:
1282          (A) the department to supervise the probation for an individual convicted of a class A
1283     misdemeanor or any felony; or
1284          (B) a private organization to supervise the probation for an individual convicted of a
1285     class A, B, or C misdemeanor or an infraction.
1286          (c) A court may not order a specific private organization to supervise an individual
1287     unless there is only one private organization that can provide the specific supervision services
1288     required to meet the individual's supervision needs.
1289          (6) (a) If a defendant is placed on probation, the court may order the defendant as a
1290     condition of the defendant's probation:
1291          (i) to provide for the support of persons for whose support the defendant is legally
1292     liable;
1293          (ii) to participate in available treatment programs, including any treatment program in
1294     which the defendant is currently participating if the program is acceptable to the court;
1295          (iii) be voluntarily admitted to the custody of the Division of Substance Abuse and
1296     Mental Health for treatment at the Utah State Hospital in accordance with Section 77-18-106;

1297          (iv) if the defendant is on probation for a felony offense, to serve a period of time as an
1298     initial condition of probation that does not exceed one year in a county jail designated by the
1299     department, after considering any recommendation by the court as to which jail the court finds
1300     most appropriate;
1301          (v) to serve a term of home confinement in accordance with Section 77-18-107;
1302          (vi) to participate in compensatory service programs, including the compensatory
1303     service program described in Section 76-3-410;
1304          (vii) to pay for the costs of investigation, probation, or treatment services;
1305          (viii) to pay restitution to a victim with interest in accordance with Chapter 38b, Crime
1306     Victims Restitution Act; or
1307          (ix) to comply with other terms and conditions the court considers appropriate to
1308     ensure public safety or increase a defendant's likelihood of success on probation.
1309          (b) (i) Notwithstanding Subsection (6)(a)(iv), the court may modify the probation of a
1310     defendant to include a period of time that is served in a county jail immediately before the
1311     termination of probation as long as that period of time does not exceed one year.
1312          (ii) If a defendant is ordered to serve time in a county jail as a sanction for a probation
1313     violation, the one-year limitation described in Subsection (6)(a)(iv) or (6)(b)(i) does not apply
1314     to the period of time that the court orders the defendant to serve in a county jail under this
1315     Subsection (6)(b)(ii).
1316          (7) (a) Except as provided in Subsection (7)(b), probation of an individual placed on
1317     probation after December 31, 2018:
1318          (i) may not exceed the individual's maximum sentence;
1319          (ii) shall be for a period of time that is in accordance with the [supervision length
1320     guidelines established by the Utah Sentencing Commission under Section 63M-7-404] adult
1321     sentencing and supervision length guidelines, as defined in Section 63M-7-401.1, to the extent
1322     the guidelines are consistent with the requirements of the law; and
1323          (iii) shall be terminated in accordance with the [supervision length guidelines
1324     established by the Utah Sentencing Commission under Section 63M-7-404] adult sentencing
1325     and supervision length guidelines, as defined in Section 63M-7-401.1, to the extent the
1326     guidelines are consistent with the requirements of the law.
1327          (b) Probation of an individual placed on probation after December 31, 2018, whose

1328     maximum sentence is one year or less, may not exceed 36 months.
1329          (c) Probation of an individual placed on probation on or after October 1, 2015, but
1330     before January 1, 2019, may be terminated at any time at the discretion of the court or upon
1331     completion without violation of 36 months probation in felony or class A misdemeanor cases,
1332     12 months in cases of class B or C misdemeanors or infractions, or as allowed in accordance
1333     with Section 64-13-21 regarding earned credits.
1334          (d) This Subsection (7) does not apply to the probation of an individual convicted of an
1335     offense for criminal nonsupport under Section 76-7-201.
1336          (8) (a) Notwithstanding Subsection (7), if there is an unpaid balance of the criminal
1337     accounts receivable for the defendant upon termination of the probation period for the
1338     defendant under Subsection (7), the court may require the defendant to continue to make
1339     payments towards the criminal accounts receivable in accordance with the payment schedule
1340     established by the court under Section 77-32b-103.
1341          (b) A court may not require the defendant to make payments as described in Subsection
1342     (8)(a) beyond the expiration of the defendant's sentence.
1343          (c) If the court requires a defendant to continue to pay in accordance with the payment
1344     schedule for the criminal accounts receivable under this Subsection (8) and the defendant
1345     defaults on the criminal accounts receivable, the court shall proceed with an order for a civil
1346     judgment of restitution and a civil accounts receivable for the defendant as described in Section
1347     77-18-114.
1348          (d) (i) Upon a motion from the prosecuting attorney, the victim, or upon the court's
1349     own motion, the court may require a defendant to show cause as to why the defendant's failure
1350     to pay in accordance with the payment schedule should not be treated as contempt of court.
1351          (ii) A court may hold a defendant in contempt for failure to make payments for a
1352     criminal accounts receivable in accordance with Title 78B, Chapter 6, Part 3, Contempt.
1353          (e) This Subsection (8) does not apply to the probation of an individual convicted of an
1354     offense for criminal nonsupport under Section 76-7-201.
1355          (9) When making any decision regarding probation, the court shall consider
1356     information provided by the Department of Corrections regarding a defendant's individual case
1357     action plan, including any progress the defendant has made in satisfying the case action plan's
1358     completion requirements.

1359          Section 24. Section 77-18-108 is amended to read:
1360          77-18-108. Termination, revocation, modification, or extension of probation --
1361     Violation of probation -- Hearing on violation.
1362          (1) (a) The department shall send a written notice to the court:
1363          (i) when the department is recommending termination of supervision for a defendant;
1364     or
1365          (ii) before a defendant's supervision will be terminated by law.
1366          (b) The written notice under this Subsection (1) shall include:
1367          (i) a probation progress report; and
1368          (ii) if the department is responsible for the collection of the defendant's criminal
1369     accounts receivable, a summary of the criminal accounts receivable, including the amount of
1370     restitution ordered and the amount of restitution that has been paid.
1371          (c) (i) Upon receipt of the written notice under Subsection (1)(a), the court shall:
1372          (A) file the written notice on the docket; and
1373          (B) provide notice to all parties in the criminal case.
1374          (ii) A party shall have a reasonable opportunity to respond to the written notice under
1375     Subsection (1)(a).
1376          (d) If a defendant's probation is being terminated, and the defendant's criminal accounts
1377     receivable has an unpaid balance or there is any outstanding debt with the department, the
1378     department shall send a written notice to the Office of State Debt Collection with a summary of
1379     the defendant's criminal accounts receivable, including the amount of restitution ordered and
1380     the amount of restitution that has been paid.
1381          (2) (a) The court may modify the defendant's probation in accordance with the
1382     [supervision length guidelines and the graduated and evidence-based responses and graduated
1383     incentives developed by the Utah Sentencing Commission under Section 63M-7-404] adult
1384     sentencing and supervision length guidelines, as defined in Section 63M-7-401.1.
1385          (b) The court may not:
1386          (i) extend the length of a defendant's probation, except upon:
1387          (A) waiver of a hearing by the defendant; or
1388          (B) a hearing and a finding by the court that the defendant has violated the terms of
1389     probation;

1390          (ii) revoke a defendant's probation, except upon a hearing and a finding by the court
1391     that the terms of probation have been violated; or
1392          (iii) terminate a defendant's probation before expiration of the probation period until
1393     the court:
1394          (A) reviews the docket to determine whether the defendant owes a balance on the
1395     defendant's criminal accounts receivable; and
1396          (B) enters a finding of whether the defendant owes restitution under Section
1397     77-38b-205.
1398          (c) The court may find under Subsection (2)(b)(iii)(B) that the defendant does not owe
1399     restitution if no request for restitution has been filed with the court.
1400          (3) (a) Upon the filing of an affidavit, or an unsworn written declaration executed in
1401     substantial compliance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act,
1402     alleging with particularity facts asserted to constitute violation of the terms of a defendant's
1403     probation, the court shall determine if the affidavit or unsworn written declaration establishes
1404     probable cause to believe that revocation, modification, or extension of the defendant's
1405     probation is justified.
1406          (b) (i) If the court determines there is probable cause, the court shall order that the
1407     defendant be served with:
1408          (A) a warrant for the defendant's arrest or a copy of the affidavit or unsworn written
1409     declaration; and
1410          (B) an order to show cause as to why the defendant's probation should not be revoked,
1411     modified, or extended.
1412          (ii) The order under Subsection (3)(b)(i)(B) shall:
1413          (A) be served upon the defendant at least five days before the day on which the hearing
1414     is held;
1415          (B) specify the time and place of the hearing; and
1416          (C) inform the defendant of the right to be represented by counsel at the hearing, the
1417     right to have counsel appointed if the defendant is indigent, and the right to present evidence at
1418     the hearing.
1419          (iii) The defendant shall show good cause for a continuance of the hearing.
1420          (c) At the hearing, the defendant shall admit or deny the allegations of the affidavit or

1421     unsworn written declaration.
1422          (d) (i) If the defendant denies the allegations of the affidavit or unsworn written
1423     declaration, the prosecuting attorney shall present evidence on the allegations.
1424          (ii) If the affidavit, or unsworn written declaration, alleges that a defendant is
1425     delinquent, or in default, on a criminal accounts receivable, the prosecuting attorney shall
1426     present evidence to establish, by a preponderance of the evidence, that the defendant:
1427          (A) was aware of the defendant's obligation to pay the balance of the criminal accounts
1428     receivable;
1429          (B) failed to pay on the balance of the criminal accounts receivable as ordered by the
1430     court; and
1431          (C) had the ability to make a payment on the balance of the criminal accounts
1432     receivable if the defendant opposes an order to show cause, in writing, and presents evidence
1433     that the defendant was unable to make a payment on the balance of the criminal accounts
1434     receivable.
1435          (e) The persons who have given adverse information on which the allegations are
1436     based shall be presented as witnesses subject to questioning by the defendant, unless the court
1437     for good cause otherwise orders.
1438          (f) At the hearing, the defendant may:
1439          (i) call witnesses;
1440          (ii) appear and speak in the defendant's own behalf; and
1441          (iii) present evidence.
1442          (g) (i) After the hearing, the court shall make findings of fact.
1443          (ii) Upon a finding that the defendant violated the terms of the defendant's probation,
1444     the court may order the defendant's probation terminated, revoked, modified, continued, or
1445     reinstated for all or a portion of the original term of probation.
1446          (4) (a) (i) Except as provided in Subsection 77-18-105(7), the court may not require a
1447     defendant to remain on probation for a period of time that exceeds the length of the defendant's
1448     maximum sentence.
1449          (ii) Except as provided in Subsection 77-18-105(7), if a defendant's probation is
1450     revoked and later reinstated, the total time of all periods of probation that the defendant serves,
1451     in relation to the same sentence, may not exceed the defendant's maximum sentence.

1452          (b) If the court orders a sanction for a defendant who violated terms of probation, the
1453     court may:
1454          (i) order a period of incarceration that is consistent with the [guidelines established by
1455     the Utah Sentencing Commission in accordance with Subsection 63M-7-404(4)] adult
1456     sentencing and supervision length guidelines, as defined in Section 63M-7-401.1;
1457          (ii) order a period of incarceration that deviates from the guidelines with an
1458     explanation for the deviation on the record;
1459          (iii) order treatment services that are immediately available in the community for a
1460     defendant that needs substance abuse or mental health treatment, as determined by a screening
1461     and assessment;
1462          (iv) execute the sentence previously imposed; or
1463          (v) order any other appropriate sanction.
1464          (c) If the defendant had, before the imposition of a term of incarceration or the
1465     execution of the previously imposed sentence under this section, served time in jail as a term of
1466     probation or due to a violation of probation, the time that the defendant served in jail
1467     constitutes service of time toward the sentence previously imposed.
1468          (5) (a) Any time served by a defendant:
1469          (i) outside of confinement after having been charged with a probation violation, and
1470     before a hearing to revoke probation, does not constitute service of time toward the total
1471     probation term, unless the defendant is exonerated at a hearing to revoke the defendant's
1472     probation;
1473          (ii) in confinement awaiting a hearing or a decision concerning revocation of the
1474     defendant's probation does not constitute service of time toward the total probation term, unless
1475     the defendant is exonerated at the hearing to revoke probation; or
1476          (iii) in confinement awaiting a hearing or a decision concerning revocation of the
1477     defendant's probation constitutes service of time toward a term of incarceration imposed as a
1478     result of the revocation of probation or a graduated and evidence-based response imposed
1479     under the [guidelines established by the Utah Sentencing Commission in accordance with
1480     Section 63M-7-404] adult sentencing and supervision length guidelines, as defined in Section
1481     63M-7-401.1.
1482          (b) The running of the probation period is tolled upon:

1483          (i) the filing of a report with the court alleging a violation of the terms of the
1484     defendant's probation; or
1485          (ii) the issuance of an order or a warrant under Subsection (3).
1486          Section 25. Section 77-27-5 is amended to read:
1487          77-27-5. Board of Pardons and Parole authority.
1488          (1) (a) Subject to this chapter and other laws of the state, and except for a conviction
1489     for treason or impeachment, the board shall determine by majority decision when and under
1490     what conditions an offender's conviction may be pardoned or commuted.
1491          (b) The Board of Pardons and Parole shall determine by majority decision when and
1492     under what conditions an offender committed to serve a sentence at a penal or correctional
1493     facility, which is under the jurisdiction of the department, may:
1494          (i) be released upon parole;
1495          (ii) have a fine or forfeiture remitted;
1496          (iii) have the offender's criminal accounts receivable remitted in accordance with
1497     Section 77-32b-105 or 77-32b-106;
1498          (iv) have the offender's payment schedule modified in accordance with Section
1499     77-32b-103; or
1500          (v) have the offender's sentence terminated.
1501          (c) The board shall prioritize public safety when making a determination under
1502     Subsection (1)(a) or (1)(b).
1503          (d) (i) The board may sit together or in panels to conduct hearings.
1504          (ii) The chair shall appoint members to the panels in any combination and in
1505     accordance with rules made in accordance with Title 63G, Chapter 3, Utah Administrative
1506     Rulemaking Act, by the board.
1507          (iii) The chair may participate on any panel and when doing so is chair of the panel.
1508          (iv) The chair of the board may designate the chair for any other panel.
1509          (e) (i) Except after a hearing before the board, or the board's appointed examiner, in an
1510     open session, the board may not:
1511          (A) remit a fine or forfeiture for an offender or the offender's criminal accounts
1512     receivable;
1513          (B) release the offender on parole; or

1514          (C) commute, pardon, or terminate an offender's sentence.
1515          (ii) An action taken under this Subsection (1) other than by a majority of the board
1516     shall be affirmed by a majority of the board.
1517          (f) A commutation or pardon may be granted only after a full hearing before the board.
1518          (2) (a) In the case of any hearings, timely prior notice of the time and location of the
1519     hearing shall be given to the offender.
1520          (b) The county or district attorney's office responsible for prosecution of the case, the
1521     sentencing court, and law enforcement officials responsible for the defendant's arrest and
1522     conviction shall be notified of any board hearings through the board's website.
1523          (c) Whenever possible, the victim or the victim's representative, if designated, shall be
1524     notified of original hearings and any hearing after that if notification is requested and current
1525     contact information has been provided to the board.
1526          (d) (i) Notice to the victim or the victim's representative shall include information
1527     provided in Section 77-27-9.5, and any related rules made by the board under that section.
1528          (ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
1529     reasonable for the lay person to understand.
1530          (3) (a) A decision by the board is final and not subject for judicial review if the
1531     decision is regarding:
1532          (i) a pardon, parole, commutation, or termination of an offender's sentence;
1533          (ii) the modification of an offender's payment schedule for restitution; or
1534          (iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
1535          (b) Deliberative processes are not public and the board is exempt from Title 52,
1536     Chapter 4, Open and Public Meetings Act, when the board is engaged in the board's
1537     deliberative process.
1538          (c) Pursuant to Subsection 63G-2-103(25)(b)(xi), records of the deliberative process
1539     are exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
1540          (d) Unless it will interfere with a constitutional right, deliberative processes are not
1541     subject to disclosure, including discovery.
1542          (e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
1543          (4) (a) This chapter may not be construed as a denial of or limitation of the governor's
1544     power to grant respite or reprieves in all cases of convictions for offenses against the state,

1545     except treason or conviction on impeachment.
1546          (b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
1547     next session of the Board of Pardons and Parole.
1548          (c) At the next session of the board, the board:
1549          (i) shall continue or terminate the respite or reprieve; or
1550          (ii) may commute the punishment or pardon the offense as provided.
1551          (d) In the case of conviction for treason, the governor may suspend execution of the
1552     sentence until the case is reported to the Legislature at the Legislature's next session.
1553          (e) The Legislature shall pardon or commute the sentence or direct the sentence's
1554     execution.
1555          (5) (a) In determining when, where, and under what conditions an offender serving a
1556     sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the offender's
1557     criminal accounts receivable remitted, or have the offender's sentence commuted or terminated,
1558     the board shall:
1559          (i) consider whether the offender has made restitution ordered by the court under
1560     Section 77-38b-205, or is prepared to pay restitution as a condition of any parole, pardon,
1561     remission of a criminal accounts receivable or a fine or forfeiture, or a commutation or
1562     termination of the offender's sentence;
1563          (ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
1564     making determinations under this Subsection (5);
1565          (iii) consider information provided by the Department of Corrections regarding an
1566     offender's individual case action plan; and
1567          (iv) review an offender's status within 60 days after the day on which the board
1568     receives notice from the Department of Corrections that the offender has completed all of the
1569     offender's case action plan components that relate to activities that can be accomplished while
1570     the offender is imprisoned.
1571          (b) The board shall determine whether to remit an offender's criminal accounts
1572     receivable under this Subsection (5) in accordance with Section 77-32b-105 or 77-32b-106.
1573          (6) In determining whether parole may be terminated, the board shall consider:
1574          (a) the offense committed by the parolee; and
1575          (b) the parole period under Section 76-3-202, and in accordance with Section

1576     77-27-13.
1577          (7) For an offender placed on parole after December 31, 2018, the board shall
1578     terminate parole in accordance with the [supervision length guidelines established by the Utah
1579     Sentencing Commission under Section 63M-7-404] adult sentencing and supervision length
1580     guidelines, as defined in Section 63M-7-401.1, to the extent the guidelines are consistent with
1581     the requirements of the law.
1582          Section 26. Section 77-27-10 is amended to read:
1583          77-27-10. Conditions of parole -- Inmate agreement to warrant -- Rulemaking --
1584     Intensive early release parole program.
1585          (1) (a) When the Board of Pardons and Parole releases an offender on parole, it shall,
1586     in accordance with Section 64-13-21, issue to the parolee a certificate setting forth the
1587     conditions of parole, including the graduated and evidence-based responses to a violation of a
1588     condition of parole established [by the Sentencing Commission in accordance with Section
1589     64-13-21] in the adult sentencing and supervision length guidelines, as defined in Section
1590     63M-7-401.1, which the offender shall accept and agree to as evidenced by the offender's
1591     signature affixed to the agreement.
1592          (b) The parole agreement shall require that the inmate agree in writing that the board
1593     may issue a warrant and conduct a parole revocation hearing if:
1594          (i) the board determines after the grant of parole that the inmate willfully provided to
1595     the board false or inaccurate information that the board finds was significant in the board's
1596     determination to grant parole; or
1597          (ii) (A) the inmate has engaged in criminal conduct prior to the granting of parole; and
1598          (B) the board did not have information regarding the conduct at the time parole was
1599     granted.
1600          (c) (i) A copy of the agreement shall be delivered to the Department of Corrections and
1601     a copy shall be given to the parolee.
1602          (ii) The original agreement shall remain with the board's file.
1603          (2) (a) If an offender convicted of violating or attempting to violate Section
1604     76-5-301.1, 76-5-302, 76-5-402, 76-5-402.1, 76-5-402.2, 76-5-402.3, 76-5-403, 76-5-403.1,
1605     76-5-404, 76-5-404.1, 76-5-404.3, or 76-5-405, is released on parole, the board shall order
1606     outpatient mental health counseling and treatment as a condition of parole.

1607          (b) The board shall develop standards and conditions of parole under this Subsection
1608     (2) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1609          (c) This Subsection (2) does not apply to intensive early release parole.
1610          (3) (a) (i) In addition to the conditions set out in Subsection (1), the board may place
1611     offenders in an intensive early release parole program.
1612          (ii) The board shall determine the conditions of parole which are reasonably necessary
1613     to protect the community as well as to protect the interests of the offender and to assist the
1614     offender to lead a law-abiding life.
1615          (b) The offender is eligible for this program only if the offender:
1616          (i) has not been convicted of a sexual offense; or
1617          (ii) has not been sentenced pursuant to Section 76-3-406.
1618          (c) The department shall:
1619          (i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1620     Rulemaking Act, for operation of the program;
1621          (ii) adopt and implement internal management policies for operation of the program;
1622          (iii) determine whether or not to refer an offender into this program within 120 days
1623     from the date the offender is committed to prison by the sentencing court; and
1624          (iv) make the final recommendation to the board regarding the placement of an
1625     offender into the program.
1626          (d) The department may not consider credit for time served in a county jail awaiting
1627     trial or sentencing when calculating the 120-day period.
1628          (e) The prosecuting attorney or sentencing court may refer an offender for
1629     consideration by the department for participation in the program.
1630          (f) The board shall determine whether or not to place an offender into this program
1631     within 30 days of receiving the department's recommendation.
1632          (4) This program shall be implemented by the department within the existing budget.
1633          (5) During the time the offender is on parole, the department shall collect from the
1634     offender the monthly supervision fee authorized by Section 64-13-21.
1635          (6) When a parolee commits a violation of the parole agreement, the department may:
1636          (a) respond in accordance with the graduated and evidence-based responses established
1637     in accordance with Section 64-13-21; or

1638          (b) when the graduated and evidence-based responses established in accordance with
1639     Section 64-13-21 indicate, refer the parolee to the Board of Pardons and Parole for revocation
1640     of parole.
1641          Section 27. Section 77-27-11 is amended to read:
1642          77-27-11. Revocation of parole.
1643          (1) The board may revoke the parole of any individual who is found to have violated
1644     any condition of the individual's parole.
1645          (2) (a) If a parolee is confined by the department or any law enforcement official for a
1646     suspected violation of parole, the department:
1647          (i) shall immediately report the alleged violation to the board, by means of an incident
1648     report; and
1649          (ii) make any recommendation regarding the incident.
1650          (b) A parolee may not be held for a period longer than 72 hours, excluding weekends
1651     and holidays, without first obtaining a warrant.
1652          (3) Any member of the board may:
1653          (a) issue a warrant based upon a certified warrant request to a peace officer or other
1654     persons authorized to arrest, detain, and return to actual custody a parolee; and
1655          (b) upon arrest of the parolee, determine, or direct the department to determine, if there
1656     is probable cause to believe that the parolee has violated the conditions of the parolee's parole.
1657          (4) Upon a finding of probable cause, a parolee may be further detained or imprisoned
1658     again pending a hearing by the board or the board's appointed examiner.
1659          (5) (a) The board or the board's appointed examiner shall conduct a hearing on the
1660     alleged violation, and the parolee shall have written notice of the time and location of the
1661     hearing, the alleged violation of parole, and a statement of the evidence against the parolee.
1662          (b) The board or the board's appointed examiner shall provide the parolee the
1663     opportunity:
1664          (i) to be present;
1665          (ii) to be heard;
1666          (iii) to present witnesses and documentary evidence;
1667          (iv) to confront and cross-examine adverse witnesses, absent a showing of good cause
1668     for not allowing the confrontation; and

1669          (v) to be represented by counsel when the parolee is mentally incompetent or pleading
1670     not guilty.
1671          (c) (i) If heard by an appointed examiner, the examiner shall make a written decision
1672     which shall include a statement of the facts relied upon by the examiner in determining the
1673     guilt or innocence of the parolee on the alleged violation and a conclusion as to whether the
1674     alleged violation occurred.
1675          (ii) The appointed examiner shall then refer the case to the board for disposition.
1676          (d) (i) A final decision shall be reached by a majority vote of the sitting members of the
1677     board.
1678          (ii) A parolee shall be promptly notified in writing of the board's findings and decision.
1679          (6) (a) If a parolee is found to have violated the terms of parole, the board, at the
1680     board's discretion, may:
1681          (i) return the parolee to parole;
1682          (ii) modify the payment schedule for the parolee's criminal accounts receivable in
1683     accordance with Section 77-32b-105;
1684          (iii) order the parolee to pay pecuniary damages that are proximately caused by a
1685     defendant's violation of the terms of the defendant's parole;
1686          (iv) order the parolee to be imprisoned, but not to exceed the maximum term of
1687     imprisonment for the parolee's sentence; or
1688          (v) order any other conditions for the parolee.
1689          (b) If the board returns the parolee to parole, the length of parole may not be for a
1690     period of time that exceeds the length of the parolee's maximum sentence.
1691          (c) If the board revokes parole for a violation and orders incarceration, the board may
1692     impose a period of incarceration:
1693          (i) consistent with the [guidelines under Subsection 63M-7-404(5)] adult sentencing
1694     and supervision length guidelines, as defined in Section 63M-7-401.1; or
1695          (ii) subject to Subsection (6)(a)(iv), impose a period of incarceration that differs from
1696     the guidelines.
1697          (d) The following periods of time constitute service of time toward the period of
1698     incarceration imposed under Subsection (6)(c):
1699          (i) time served in jail by a parolee awaiting a hearing or decision concerning revocation

1700     of parole; and
1701          (ii) time served in jail by a parolee due to a violation of parole under Subsection
1702     64-13-6(2).
1703          Section 28. Section 77-27-32 is amended to read:
1704          77-27-32. Reporting requirements.
1705          (1) The board shall publicly display metrics on the board's website, including:
1706          (a) a measure of recidivism;
1707          (b) a measure of time under board jurisdiction;
1708          (c) a measure of prison releases by category;
1709          (d) a measure of parole revocations;
1710          (e) a measure of alignment of board decisions with the [guidelines established by the
1711     Sentencing Commission under Section 63M-7-404] adult sentencing and supervision length
1712     guidelines, as defined in Section 63M-7-401.1; and
1713          (f) a measure of the aggregate reasons for departing from the guidelines described in
1714     Subsection (1)(e).
1715          (2) On or before September 30 of each year, the board shall submit to the commission
1716     and the Law Enforcement and Criminal Justice Interim Committee a report for the previous
1717     fiscal year that summarizes the metrics in Subsection (1).
1718          Section 29. Section 80-6-307 is amended to read:
1719          80-6-307. Dispositional report required in minors' cases -- Exceptions.
1720          (1) A juvenile probation officer, or other agency designated by the juvenile court, shall
1721     make a dispositional report in writing in all minors' cases in which a petition has been filed,
1722     except in cases involving violations of traffic laws or ordinances, violations of wildlife laws
1723     and boating laws, and other minor cases.
1724          (2) When preparing a dispositional report and recommendation in a minor's case, the
1725     juvenile probation officer, or other agency designated by the juvenile court, shall consider the
1726     juvenile disposition guidelines [developed in accordance with Section 63M-7-404], as defined
1727     in Section 63M-7-401.1, and any other factors relevant to the disposition designated in the
1728     juvenile disposition guidelines .
1729          (3) Where the allegations of a petition filed under Section 80-6-305 are denied, the
1730     investigation may not be made until the juvenile court has made an adjudication.

1731          Section 30. Section 80-6-607 is amended to read:
1732          80-6-607. Case planning and appropriate responses.
1733          (1) For a minor adjudicated and placed on probation under Section 80-6-702 or
1734     committed to the division under Section 80-6-703, a case plan shall be created and:
1735          (a) developed in collaboration with the minor and the minor's family;
1736          (b) individualized to the minor;
1737          (c) informed by the results of a validated risk and needs assessment under Section
1738     80-6-606; and
1739          (d) tailored to the minor's offense and history.
1740          (2) (a) The Administrative Office of the Courts and the division shall develop a
1741     statewide system of appropriate responses to guide responses to the behaviors of minors:
1742          (i) undergoing nonjudicial adjustments;
1743          (ii) whose case is under the jurisdiction of the juvenile court; and
1744          (iii) in the custody of the division.
1745          (b) The system of responses shall include both sanctions and incentives that:
1746          (i) are swift and certain;
1747          (ii) include a continuum of community based responses for minors living at home;
1748          (iii) target a minor's criminogenic risks and needs, as determined by the results of a
1749     validated risk and needs assessment under Section 80-6-606, and the severity of the violation;
1750     and
1751          (iv) authorize earned discharge credits as one incentive for compliance.
1752          (c) After considering the [juvenile disposition guidelines established by the Sentencing
1753     Commission, in accordance with Section 63M-7-404] juvenile disposition guidelines, as
1754     defined in Section 63M-7-401.1, the system of appropriate responses under Subsections (2)(a)
1755     and (b) shall be developed.
1756          (3) (a) A response to compliant or noncompliant behavior under Subsection (2) shall be
1757     documented in the minor's case plan.
1758          (b) Documentation under Subsection (3)(a) shall include:
1759          (i) positive behaviors and incentives offered;
1760          (ii) violations and corresponding sanctions; and
1761          (iii) whether the minor has a subsequent violation after a sanction.

1762          (4) Before referring a minor to a juvenile court for judicial review, or to the authority if
1763     the minor is under the jurisdiction of the authority, in response to a contempt filing under
1764     Section 78A-6-353 or an order to show cause, a pattern of appropriate responses shall be
1765     documented in the minor's case plan in accordance with Subsections (3)(a) and (b) .
1766          (5) Notwithstanding Subsection (4), if a minor violates a protective order or an ex parte
1767     protective order listed in Section 78B-7-803, the violation may be filed directly with the
1768     juvenile court.
1769          Section 31. Repealer.
1770          This bill repeals:
1771          Section 63M-7-403, Vacancies.
1772          Section 63M-7-404, Purpose -- Duties.
1773          Section 32. Effective date.
1774          This bill takes effect on May 1, 2024.
1775          Section 33. Coordinating S.B. 200 with H.B. 532.
1776          If S.B. 200, State Commission on Criminal and Juvenile Justice Amendments, and H.B.
1777     532, State Boards and Commissions Modifications, both pass and become law, the Legislature
1778     intends that, on October 1, 2024, the amendments to Section 63M-7-202 in S.B. 200 supersede
1779     the amendments to Section 63M-7-202 in H.B. 532.