Criminal and Juvenile Justice Changes

26
63M-7-101.5
63M-7-102
63M-7-208
77-27-7.1
80-5-102
80-6-104
80-6-507
63M-7-101.5
63M-7-102
63M-7-208
77-27-7.1
80-5-102
80-6-104
80-6-507
0
Criminal and Juvenile Justice Changes
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: Kirk A. Cullimore
LONG TITLE
General Description:
This bill amends statutory provisions related to the criminal and juvenile justice system.
Highlighted Provisions:
This bill:
defines terms related to recidivism in the criminal and juvenile justice system;
modifies the requirements for provisionally housing a minor, who is tried as an adult for
aggravated murder, in a secure care facility;
allows a prosecutor to file a motion with the Board of Pardons and Parole regarding the
provisional housing of a minor in a secure care facility;
addresses the appointment of counsel for a minor on a motion regarding provisional
housing of the minor in a secure care facility; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63M-7-101.5
, as last amended by Laws of Utah 2025, Chapter 360
63M-7-102
, as last amended by Laws of Utah 2024, Chapter 208
63M-7-208
, as last amended by Laws of Utah 2024, Chapter 240
77-27-7.1
, as enacted by Laws of Utah 2024, Chapter 145
80-5-102
, as last amended by Laws of Utah 2025, Chapter 88
80-6-104
, as last amended by Laws of Utah 2025, Chapters 173, 208
80-6-507
, as last amended by Laws of Utah 2025, Chapter 526
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
63M-7-101.5
is amended to read:
63M-7-101.5
. Definitions for chapter.
As used in this chapter:
(1)
"Alternative recidivism metric" includes:
(a)
the number of individuals who are incarcerated in a county jail or a state correctional
facility:
(i)
within three years after the day on which the individuals are released from
incarceration in a county jail or state correctional facility for a prior conviction;
and
(ii)
due to:
(A)
a subsequent conviction; or
(B)
an arrest for:
(I)
a felony offense; or
(II)
a misdemeanor offense when an element of the misdemeanor offense is the
use or attempted use of physical force against an individual or property; and
(b)
a recidivism measurement reported to the commission under Subsection
63M-7-102(3)
.
(1)
(2)
"Commission" means, except as provided in Sections
63M-7-901
and
63M-7-1101
,
the State Commission on Criminal and Juvenile Justice created in Section
63M-7-201
.
(2)
(3)
"Desistance" means an individual's abstinence from further criminal activity after a
previous criminal conviction.
(3)
(4)
"Intervention" means a program, sanction, supervision, or event that may impact
recidivism.
(4)
(5)
"Recidivism" means a return to criminal activity after a previous criminal
conviction.
(5)
(6)
"Recidivism standard metric" means the number of individuals who are returned to
prison for a new conviction within the three years after the day on which the individuals
were released from prison.
Section 2. Section
63M-7-102
is amended to read:
63M-7-102
. Recidivism metrics -- Reporting.
(1)
(a)
The
When reporting data on statewide recidivism, the
commission, the
Department of Corrections, and the Board of Pardons and Parole
, when reporting
data on statewide recidivism,
shall include data reflecting the recidivism standard
metric
.
and any available alternative recidivism metric.
(b)
(i)
On or before August 1, 2024, the commission shall reevaluate the recidivism
standard metric to determine whether new data streams allow for a broader
definition, which may include criminal convictions that do not include prison time.
(ii)
On or before November 1, 2024, the commission shall report to the Law
Enforcement and Criminal Justice Interim Committee:
(A)
the result of the reevaluation described in Subsection (1)(b)(i); and
(B)
other recommendations regarding standardized recidivism metrics.
(2)
A report on statewide criminal recidivism may also include other information reflecting
available recidivism, intervention, or desistance data.
(3)
A criminal justice institution, agency, or entity required to report adult recidivism data
to the commission:
(a)
shall include:
(i)
a clear description of the eligible individuals, including:
(A)
the criminal population being evaluated for recidivism; and
(B)
the interventions that are being evaluated;
(ii)
a clear description of the beginning and end of the evaluation period; and
(iii)
a clear description of the events that are considered as a recidivism-triggering
event; and
(b)
may include supplementary data including:
(i)
the length of time that elapsed before a recidivism-triggering event described in
Subsection
(3)(a)(iii)
occurred;
(ii)
the severity of a recidivism-triggering event described in Subsection
(3)(a)(iii)
;
(iii)
measures of personal well-being, education, employment, housing, health, family
or social support, civic or community engagement, or legal involvement; or
(iv)
other desistance metrics that may capture an individual's behavior following the
individual's release from an intervention.
(4)
Unless otherwise specified in statute:
(a)
the evaluation period described in Subsection
(3)(a)(ii)
is three years; and
(b)
a recidivism-triggering event under Subsection
(3)(a)(iii)
shall include:
(i)
an arrest;
(ii)
an admission to prison;
(iii)
a criminal charge; or
(iv)
a criminal conviction.
Section 3. Section
63M-7-208
is amended to read:
63M-7-208
. Juvenile justice oversight -- Delegation -- Effective dates.
(1)
As used in this section, "juvenile recidivism" means the same as that term is defined in
Section
80-6-104
.
(1)
(2)
The
State Commission on Criminal and Juvenile Justice
commission
shall:
(a)
support implementation and expansion of evidence-based juvenile justice programs
and practices, including assistance regarding implementation fidelity, quality
assurance, and ongoing evaluation;
(b)
examine and make recommendations on the use of third-party entities or an
intermediary organization to assist with implementation and to support the
performance-based contracting system authorized in Subsection
(1)(m)
(2)(m)
;
(c)
oversee the development of performance measures to track juvenile justice reforms,
and ensure early and ongoing stakeholder engagement in identifying the relevant
performance measures;
(d)
evaluate currently collected data elements throughout the juvenile justice system and
contract reporting requirements to streamline reporting, reduce redundancies,
eliminate inefficiencies, and ensure a focus on
recidivism reduction
the reduction of
juvenile recidivism
;
(e)
review averted costs from reductions in out-of-home placements for juvenile justice
youth placed with the Division of Juvenile Justice and Youth Services and the
Division of Child and Family Services, and make recommendations to prioritize the
reinvestment and realignment of resources into community-based programs for youth
living at home, including the following:
(i)
statewide expansion of:
(A)
juvenile receiving centers, as defined in Section
80-1-102
;
(B)
mobile crisis outreach teams, as defined in Section
26B-5-101
;
(C)
youth courts; and
(D)
victim-offender mediation;
(ii)
statewide implementation of nonresidential diagnostic assessment;
(iii)
statewide availability of evidence-based programs and practices including
cognitive behavioral and family therapy programs for minors assessed by a
validated risk and needs assessment as moderate or high risk;
(iv)
implementation and infrastructure to support the sustainability and fidelity of
evidence-based juvenile justice programs, including resources for staffing,
transportation, and flexible funds; and
(v)
early intervention programs such as family strengthening programs, family
wraparound services, and proven truancy interventions;
(f)
assist the Administrative Office of the Courts in the development of a statewide
sliding scale for the assessment of fines, fees, and restitution, based on the ability of
the minor's family to pay;
(g)
analyze the alignment of resources and the roles and responsibilities of agencies,
such as the operation of early intervention services, receiving centers, and diversion,
and make recommendations to reallocate functions as appropriate, in accordance with
Section
80-5-401
;
(h)
comply with the data collection and reporting requirements under Section
80-6-104
;
(i)
develop a reasonable timeline within which all programming delivered to minors in
the juvenile justice system must be evidence-based or consist of practices that are
rated as effective for reducing
juvenile
recidivism by a standardized program
evaluation tool;
(j)
provide guidelines to be considered by the Administrative Office of the Courts and
the Division of Juvenile Justice and Youth Services in developing tools considered
by the Administrative Office of the Courts and the Division of Juvenile Justice and
Youth Services in developing or selecting tools to be used for the evaluation of
juvenile justice programs;
(k)
develop a timeline to support improvements to juvenile justice programs to achieve
reductions in
juvenile
recidivism and review reports from relevant state agencies on
progress toward reaching that timeline;
(l)
subject to Subsection
(2)
(3)
, assist in the development of training for juvenile
justice stakeholders, including educators, law enforcement officers, probation staff,
judges, Division of Juvenile Justice and Youth Services staff, Division of Child and
Family Services staff, and program providers;
(m)
subject to Subsection
(3)
(4)
, assist in the development of a performance-based
contracting system, which shall be developed by the Administrative Office of the
Courts and the Division of Juvenile Justice and Youth Services for contracted
services in the community and contracted out-of-home placement providers;
(n)
assist in the development of a validated detention risk assessment tool that is
developed or adopted and validated by the Administrative Office of the Courts and
the Division of Juvenile Justice and Youth Services as provided in Section
80-5-203
;
and
(o)
annually issue and make public a report to the governor, president of the Senate,
speaker of the House of Representatives, and chief justice of the Utah Supreme Court
on the progress of the reforms and any additional areas in need of review.
(2)
(3)
Training described in Subsection
(1)(l)
(2)(l)
should include instruction on
evidence-based programs and principles of juvenile justice, such as risk, needs,
responsivity, and fidelity, and shall be supplemented by the following topics:
(a)
adolescent development;
(b)
identifying and using local behavioral health resources;
(c)
cross-cultural awareness;
(d)
graduated responses;
(e)
Utah juvenile justice system data and outcomes; and
(f)
gangs.
(3)
(4)
The system described in Subsection
(1)(m)
(2)(m)
shall provide incentives for:
(a)
the use of evidence-based juvenile justice programs and practices rated as effective
by the tools selected in accordance with Subsection
(1)(j)
(2)(j)
;
(b)
the use of three-month timelines for program completion; and
(c)
evidence-based programs and practices for minors living at home in rural areas.
(4)
(5)
The
State Commission on Criminal and Juvenile Justice
commission
may delegate
the duties imposed under this section to a subcommittee or board established by the
State Commission on Criminal and Juvenile Justice
commission
in accordance with
Subsection
63M-7-204(2)
.
Section 4. Section
77-27-7.1
is amended to read:
77-27-7.1
. Appointment of counsel or lay representative -- Procedures.
(1)
If the board in the board's discretion determines that an offender within the board's
jurisdiction is unable, due to physical, mental, or other circumstances, to meaningfully
participate in a board hearing or other board proceeding, the board may appoint, at the
board's own expense, legal counsel or a lay representative to assist the offender.
(2)
If a prosecuting attorney brings a motion under Subsection
80-6-507(7)
to have the
board review the status of a minor who is provisionally housed in a secure care facility,
as defined in Section
80-1-102
, and the board agrees to review the status of the minor,
the board may appoint counsel to assist the minor, at the board's own expense, before a
hearing on the motion.
(2)
(3)
The board shall determine the scope of the representation described in Subsection
(1)
based on a review of the totality of the circumstances.
(3)
(4)
This section does not prevent the board from:
(a)
appointing a licensed mental health professional in accordance with Section
77-27-7
;
or
(b)
otherwise seeking information concerning the offender from the department or
another entity.
Section 5. Section
80-5-102
is amended to read:
80-5-102
. Definitions.
As used in this chapter:
(1)
"Account" means the Juvenile Justice Reinvestment Restricted Account created in
Section
80-5-302
.
(2)
(a)
"Adult" means an individual who is 18 years old or older.
(b)
"Adult" does not include a juvenile offender.
(3)
"Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
1351.1.
(4)
"Authority" means the Youth Parole Authority created in Section
80-5-701
.
(5)
"Control" means the authority to detain, restrict, and supervise a juvenile offender in a
manner consistent with public safety and the well-being of the juvenile offender and
division employees.
(6)
"Cross-sex hormone treatment" means the same as that term is defined in Section
26B-4-1001
.
(7)
"Director" means the director of the Division of Juvenile Justice and Youth Services.
(8)
"Discharge" means the same as that term is defined in Section
80-6-102
.
(9)
"Division" means the Division of Juvenile Justice and Youth Services created in Section
80-5-103
.
(10)
"Homeless youth" means a child, other than an emancipated minor:
(a)
who is a runaway; or
(b)
who is:
(i)
not accompanied by the child's parent or guardian; and
(ii)
without care, as defined in Section
80-5-602
.
(11)
"Housing unit" means an area with secured entrances, minor rooms, and common area
space.
(12)
"Minor room" means a secured room where an individual sleeps and uses restroom
facilities.
(13)
"Observation and assessment program" means a nonresidential service program
operated or purchased by the division that is responsible only for diagnostic assessment
of minors, including for substance use disorder, mental health, psychological, and sexual
behavior risk assessments.
(14)
"Performance based contracting" means a system of contracting with service providers
for the provision of residential or nonresidential services that:
(a)
provides incentives for the implementation of evidence-based juvenile justice
programs or programs rated as effective for reducing
juvenile
recidivism
, as defined
in Section
80-6-104
,
by a standardized tool in accordance with Section
63M-7-208
;
and
(b)
provides a premium rate allocation for a minor who receives the evidence-based
dosage of treatment and successfully completes the program within three months.
(15)
"Puberty inhibition drug treatment" means administering, prescribing, or supplying for
effectuating or facilitating an individual's attempted sex change, any of the following
alone or in combination with aromatase inhibitors:
(a)
gonadotropin-releasing hormone agonists; or
(b)
androgen receptor inhibitors.
(16)
"Primary sex characteristic surgical procedure" means the same as that term is defined
in Section
26B-4-1001
.
(17)
"Rescission" means the same as that term is defined in Section
80-6-102
.
(18)
"Restitution" means the same as that term is defined in Section
80-6-102
.
(19)
"Revocation" means the same as that term is defined in Section
80-6-102
.
(20)
"Secondary sex characteristic surgical procedure" means the same as that term is
defined in Section
26B-4-1001
.
(21)
"Temporary custody" means the same as that term is defined in Section
80-6-102
.
(22)
"Temporary homeless youth shelter" means a facility that:
(a)
provides temporary shelter to homeless youth; and
(b)
is licensed by the Department of Health and Human Services, created in Section
26B-1-201
, as a residential support program.
(23)
"Termination" means the same as that term is defined in Section
80-6-102
.
(24)
"Victim" means the same as that term is defined in Section
80-6-102
.
(25)
"Work program" means a nonresidential public or private service work project
established and administered by the division for juvenile offenders for the purpose of
rehabilitation, education, and restitution to victims.
(26)
(a)
"Youth services" means services provided in an effort to resolve family conflict:
(i)
for families in crisis when a minor is ungovernable or a runaway; or
(ii)
involving a minor and the minor's parent or guardian.
(b)
"Youth services" include efforts to:
(i)
resolve family conflict;
(ii)
maintain or reunite minors with the minors' families; and
(iii)
divert minors from entering or escalating in the juvenile justice system.
(c)
"Youth services" may provide:
(i)
crisis intervention;
(ii)
short-term shelter;
(iii)
time-out placement; and
(iv)
family counseling.
(27)
"Youth services center" means a center established by, or under contract with, the
division to provide youth services.
Section 6. Section
80-6-104
is amended to read:
80-6-104
. Data collection on offenses committed by minors -- Reporting
requirement.
(1)
As used in this section:
(a)
"Diversion" means:
(i)
an agreement between an individual and a juvenile probation officer that results in
the resolution of a referral for an offense before a petition is filed; or
(ii)
an agreement between an individual and a prosecuting attorney that results in the
dismissal of charges for an offense before a conviction.
(a)
(b)
"Firearm" means the same as that term is defined in Section
76-11-101
.
(b)
(c)
"Firearm-related offense" means a criminal offense involving a firearm.
(d)
"Juvenile recidivism" means a diversion, adjudication, or conviction of an individual
for an offense within six months, one year, two years, and three years after the day on
which:
(i)
the individual accepted a nonjudicial adjustment; or
(ii)
the juvenile court ordered a disposition for the individual resulting in secure care,
community-based placement, formal probation, or intake probation.
(e)
"School" means the same as that term is defined in Section
80-6-103
.
(f)
"School-based offense" means any infraction, misdemeanor, or felony offense that
occurs at school when school is in session, at the location of a school-sponsored
activity during the activity, or on school district transportation, including a school bus.
(g)
"School-based referral" means the referral of a minor under Section
53G-8-211
for a
school-based offense.
(h)
"School-based recidivism" means a diversion, adjudication, or conviction of an
individual for a school-based offense within six months, one year, two years, and
three years after the day on which:
(i)
the individual accepted a nonjudicial adjustment for a school-based offense; or
(ii)
the juvenile court ordered a disposition for the individual resulting in secure care,
community-based placement, formal probation, or intake probation.
(c)
(i)
"School is in session" means the same as that term is defined in Section
53E-3-516
.
(d)
(j)
"School-sponsored activity" means the same as that term is defined in Section
53E-3-516
.
(2)
Before July 1 of each year, the Administrative Office of the Courts shall submit the
following data to the State Commission on Criminal and Juvenile Justice, broken down
by judicial district, for the preceding calendar year:
(a)
the number of referrals to the juvenile court;
(b)
the number of minors diverted to a nonjudicial adjustment;
(c)
the number of minors that satisfy the conditions of a nonjudicial adjustment;
(d)
the number of minors for whom a petition for an offense is filed in the juvenile court;
(e)
the number of minors for whom an information is filed in the juvenile court;
(f)
the number of minors bound over to the district court by the juvenile court;
(g)
the number of petitions for offenses committed by minors that were dismissed by the
juvenile court;
(h)
the number of adjudications in the juvenile court for offenses committed by minors;
(i)
the number of guilty pleas entered into by minors in the juvenile court;
(j)
the number of dispositions resulting in secure care, community-based placement,
formal probation, and intake probation; and
(k)
for each minor charged in the juvenile court with a firearm-related offense:
(i)
the minor's age at the time the offense was committed or allegedly committed;
(ii)
the minor's zip code at the time that the offense was referred to the juvenile court;
(iii)
whether the minor is a restricted person under Subsection
76-11-302(4)
or
76-11-303(4)
;
(iv)
the type of offense for which the minor is charged;
(v)
the outcome of the minor's case in juvenile court, including whether the minor
was bound over to the district court or adjudicated by the juvenile court; and
(vi)
if a disposition was entered by the juvenile court, whether the disposition
resulted in secure care, community-based placement, formal probation, or intake
probation.
(3)
The State Commission on Criminal and Juvenile Justice shall track the disposition of a
case resulting from a firearm-related offense committed, or allegedly committed, by a
minor when the minor is found in possession of a firearm while school is in session or
during a school-sponsored activity.
(4)
In collaboration with the Administrative Office of the Courts, the division, and other
agencies, the State Commission on Criminal and Juvenile Justice shall collect data for
the preceding calendar year on:
(a)
the length of time that minors spend in the juvenile justice system, including the total
amount of time minors spend under juvenile court jurisdiction, on community
supervision, and in each out-of-home placement;
(b)
recidivism of minors who are diverted to a nonjudicial adjustment and minors for
whom dispositions are ordered by the juvenile court
juvenile recidivism
, including
tracking minors into the adult corrections system;
(c)
school-based recidivism;
(d)
school-based referrals;
(c)
(e)
changes in aggregate risk levels from the time minors receive services, are under
supervision, and are in out-of-home placement; and
(d)
(f)
dosages of programming.
(5)
On and before October 1 of each year, the State Commission on Criminal and Juvenile
Justice shall prepare and submit a written report to the Judiciary Interim Committee and
the Law Enforcement and Criminal Justice Interim Committee that includes:
(a)
data collected by the State Commission on Criminal and Juvenile Justice under this
section;
(b)
data collected by the State Board of Education under Section
53E-3-516
; and
(c)
recommendations for legislative action with respect to the data described in this
Subsection
(5)
.
(6)
After submitting the written report described in Subsection
(5)
, the State Commission
on Criminal and Juvenile Justice may supplement the report at a later time with updated
data and information the State Board of Education collects under Section
53E-3-516
.
(7)
Nothing in this section shall be construed to require the disclosure of information or
data that is classified as controlled, private, or protected under Title 63G, Chapter 2,
Government Records Access and Management Act.
Section 7. Section
80-6-507
is amended to read:
80-6-507
. Commitment of a minor by a district court -- Provisional housing of a
minor in a secure care facility.
(1)
When sentencing a minor, the district court shall order the minor to make restitution in
accordance with Title 77, Chapter 38b, Crime Victims Restitution Act.
(1)
(2)
(a)
If the district court determines that probation is not appropriate and
commitment to prison is an appropriate sentence when sentencing a minor:
(i)
the district court shall order the minor committed to prison; and
(ii)
except as provided in Subsection
(3)
or
(7)
,
the minor shall be provisionally
housed in a secure care facility

until the minor reaches 25 years old, unless
released earlier from incarceration by the Board of Pardons and Parole.
(b)
Subsection
(1)
This Subsection
(2)
applies to any minor being provisionally housed
in a secure care facility as described in Subsection
(1)(a)
(2)(a)
on or after May 4,
2022.
(c)
The district court shall, as a part of sentencing, order the minor to make restitution
in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act.
(3)
The district court may order a minor to be committed to the physical custody of the
Department of Corrections and housed in a correctional facility rather than a secure care
facility under Subsection
(2)(a)(ii)
if:
(a)
the minor is convicted of aggravated murder under Section
76-5-202
;
(b)
the minor was 17 years old at the time that the aggravated murder occurred;
(c)
the minor is 18 years old or older at the time of sentencing; and
(d)
the court determines that the minor would present a security risk to other individuals
in a secure care facility.
(2)
(a)
The division shall adopt procedures by rule, in accordance with
Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
, regarding the transfer of a minor
provisionally housed in a secure care facility under Subsection
(1)
to the physical
custody of the Department of Corrections.
(b)
If, in accordance with the rules adopted under Subsection
(2)(a)
, the division
determines that housing the minor in a secure care facility presents an unreasonable
risk to others or that it is not in the best interest of the minor, the division shall
transfer the physical custody of the minor to the Department of Corrections.
(3)
(4)
(a)
When a minor is committed to prison but provisionally housed in a secure
care facility

under this section, the district court and the division shall immediately
notify the Board of Pardons and Parole so that the minor may be scheduled for a
hearing according to board procedures.
(b)
If a minor who is provisionally housed in a secure care facility

under this section
has not been paroled or otherwise released from incarceration by the time the minor
reaches 25 years old, the division shall as soon as reasonably possible, but not later
than when the minor reaches 25 years and 6 months old, transfer the minor to the
physical custody of the Department of Corrections.
(4)
(5)
Upon the commitment of a minor to the custody of the division or the Department
of Corrections under this section, the Board of Pardons and Parole has authority over the
minor for purposes of parole, pardon, commutation, termination of sentence, remission
of restitution, fines or forfeitures, and all other purposes authorized by law.
(5)
(6)
The authority

shall:
(a)
hold hearings, receive reports, or otherwise keep informed of the progress of a minor
in the custody of the division under this section; and
(b)
forward to the Board of Pardons and Parole any information or recommendations
concerning the minor.
(7)
(a)
Upon a motion by a prosecuting attorney, the Board of Pardons and Parole may:
(i)
review the status of a minor who is provisionally housed in a secure care facility
as described in Subsection
(2)(a)(ii)
; and
(ii)
order that the minor be committed to the physical custody of the Department of
Corrections and housed in a correctional facility if:
(A)
the minor meets the requirements described in Subsections
(3)(a)
through
(c)
;
and
(B)
the Board of Pardons and Parole finds that the commitment and transfer is
warranted.
(b)
For a motion described in Subsection
(7)(a)
, the board shall appoint counsel for the
minor as described in Section
77-27-7.1
.
(8)
(a)
The division shall adopt procedures by rule, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor
provisionally housed in a secure care facility as described in Subsection
(2)(a)(ii)
.
(b)
The division shall transfer the physical custody of a minor to the Department of
Corrections if, in accordance with the rules adopted under Subsection
(8)(a)
, the
division determines that housing a minor in a secure care facility:
(i)
presents an unreasonable risk to others; or
(ii)
it is not in the best interest of the minor.
(6)
(9)
Commitment of a minor under this section is a prison commitment for all
sentencing purposes.
Section 8.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 11:41 AM