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8 LONG TITLE
9 General Description:
10 This bill amends provisions regarding the State Commission on Criminal and Juvenile
11 Justice.
12 Highlighted Provisions:
13 This bill:
14 ▸ adjusts the number of members on:
15 • the State Commission on Criminal and Juvenile Justice; and
16 • the sentencing commission;
17 ▸ amends the duties of the Sentencing Commission;
18 ▸ requires the Legislature to approve the sentencing and supervision length guidelines
19 and the juvenile disposition guidelines developed by the State Commission on
20 Criminal and Juvenile Justice; and
21 ▸ makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides a coordination clause.
26 Utah Code Sections Affected:
27 AMENDS:
28 36-29-108, as last amended by Laws of Utah 2023, Chapter 112
29 63M-7-102, as enacted by Laws of Utah 2023, Chapter 177
30 63M-7-202, as last amended by Laws of Utah 2023, Chapter 150
31 63M-7-204, as last amended by Laws of Utah 2023, Chapters 158, 330, 382, and 500
32 63M-7-402, as last amended by Laws of Utah 2020, Chapter 154
33 63M-7-405, as last amended by Laws of Utah 2022, Chapter 274
34 63M-7-406, as renumbered and amended by Laws of Utah 2008, Chapter 382
35 64-13-6, as last amended by Laws of Utah 2023, Chapter 177
36 64-13-14.5, as last amended by Laws of Utah 2015, Chapter 412
37 64-13-21, as last amended by Laws of Utah 2022, Chapter 187
38 64-13g-102, as last amended by Laws of Utah 2023, Chapter 177
39 76-3-202, as last amended by Laws of Utah 2022, Chapter 181
40 76-5-102.1, as last amended by Laws of Utah 2023, Chapters 111, 415
41 76-5-207, as last amended by Laws of Utah 2023, Chapter 415
42 77-2a-2, as last amended by Laws of Utah 2020, Chapter 281
43 77-18-105, as last amended by Laws of Utah 2023, Chapters 111, 257
44 77-18-108, as last amended by Laws of Utah 2023, Chapter 113
45 77-27-5, as last amended by Laws of Utah 2023, Chapters 151, 173
46 77-27-10, as last amended by Laws of Utah 2022, Chapter 430
47 77-27-11, as last amended by Laws of Utah 2022, Chapter 115
48 77-27-32, as enacted by Laws of Utah 2023, Chapter 151
49 80-6-307, as renumbered and amended by Laws of Utah 2021, Chapter 261
50 80-6-607, as renumbered and amended by Laws of Utah 2021, Chapter 261
51 ENACTS:
52 63M-7-101.5, Utah Code Annotated 1953
53 63M-7-401.1, Utah Code Annotated 1953
54 63M-7-402.5, Utah Code Annotated 1953
55 63M-7-404.1, Utah Code Annotated 1953
56 63M-7-404.3, Utah Code Annotated 1953
57 63M-7-404.5, Utah Code Annotated 1953
58 RENUMBERS AND AMENDS:
59 63M-7-401.2, (Renumbered from 63M-7-401, as last amended by Laws of Utah 2021,
60 Chapter 173)
61 REPEALS:
62 63M-7-403, as renumbered and amended by Laws of Utah 2008, Chapter 382
63 63M-7-404, as last amended by Laws of Utah 2023, Chapter 111
64 Utah Code Sections Affected By Coordination Clause:
65 63M-7-202, 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 [
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 [
137 [
138
139 [
140
141 [
142
143 [
144
145 [
146
147
148 [
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 [
157 (B) other recommendations regarding standardized recidivism metrics.
158 [
159 reflecting available recidivism, intervention, or desistance data.
160 [
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 [
172 (ii) the severity of a recidivism-triggering event described in Subsection [
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 [
179 (a) the evaluation period described in Subsection [
180 and
181 (b) a recidivism-triggering event under Subsection [
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 [
191 voting members as follows:
192 [
193
194 [
195 [
196 director's designee;
197 [
198 executive director's designee;
199 [
200 designee;
201 [
202 [
203 by the association's president;
204 [
205 association's president;
206 [
207 Pardons and Parole designated by the chair;
208 [
209 Sentencing Commission designated by the chair;
210 [
211
212
213 [
214
215 (j) the chair of the Juvenile Justice Oversight Committee or a member of the Juvenile
216 Justice Oversight Committee designated by the chair;
217 [
218 Victim Services Commission designated by the chair;
219 [
220
221 [
222
223 [
224 Defense Commission [
225
226 [
227
228 [
229 [
230
231 [
232
233 [
234
235 [
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 [
245
246 [
247
248 [
249
250 [
251 [
252 [
253
254 [
255
256
257 [
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 [
262 [
263 commission.
264 Section 5. Section 63M-7-204 is amended to read:
265 63M-7-204. Duties of commission.
266 (1) The [
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[
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 [
401 Qualifications.
402 (1) There is created [
403 the sentencing commission, within the commission, that is composed of [
404 members.
405 (2) The [
406 (a) develop by-laws and rules in compliance with Title 63G, Chapter 3, Utah
407 Administrative Rulemaking Act[
408 (b) elect the sentencing commission's officers.
409 [
410 [
411
412 [
413
414 [
415
416 [
417
418 [
419
420 designee;
421 [
422
423 [
424 [
425
426 [
427 [
428
429 [
430
431 [
432 [
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 [
437 general's designee;
438 [
439 Attorneys and Prosecutors;
440 [
441
442 [
443 [
444 [
445 (k) a licensed professional, appointed by the governor, who assists in the rehabilitation
446 of [
447 [
448
449 [
450
451 [
452 [
453
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), [
471
472 member to a four-year term as the terms of members of the sentencing commission expire.
473 (b) [
474 authority shall, at the time of appointment or reappointment, adjust the length of terms to
475 ensure that the terms of [
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 [
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 [
601
602 [
603 [
604 [
605
606 [
607
608 [
609
610
611
612 [
613
614 [
615
616 [
617
618
619 [
620
621 [
622 master offense list.
623 [
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 [
630 [
631
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656 [
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 [
661 (iii) update the guide described in Subsection [
662 (b) The sentencing commission shall state in the guide described in Subsection [
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 [
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 [
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 [
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 [
754
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 [
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 [
853
854
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 [
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 [
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 [
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) [
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 [
1021
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), [
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) [
1031 and later released on parole on or after July 1, 2008, but before January 1, 2019, and who was
1032 convicted of [
1033 an attempt, conspiracy, or solicitation to commit [
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) [
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 [
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 [
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 [
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 [
1228
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 [
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 [
1320
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 [
1324
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 [
1383
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 [
1455
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 [
1480
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 [
1579
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 [
1589
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 [
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 [
1711
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 [
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 [
1753
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.