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52
53-10-208.1
53-10-213
53-10-214
77-7-5
77-28c-104
77-28c-106
0
Offender Transfer Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Cheryl K. Acton
Senate Sponsor: Keven J. Stratton
LONG TITLE
General Description:
This bill addresses provisions related to the Interstate Compact for Adult Offender
Supervision.
Highlighted Provisions:
This bill:
amends the fee for an individual on probation or parole who is applying for a transfer of
supervision to another state under the Interstate Compact for Adult Offender
Supervision (the compact);
clarifies that under the compact that an individual on probation or parole in this state who
seeks a transfer of supervision to another state due to a felony or qualifying
misdemeanor is required to be under the supervision of the Division of Adult Probation
and Parole before the individual may apply for the transfer;
enacts requirements for a court or the Board of Pardons and Parole when issuing an arrest
warrant for an individual on probation or parole who has violated the terms of the
individual's supervision and is being supervised in another state under the compact;
requires the Bureau of Criminal Identification to submit any arrest warrant for an
individual on probation or parole being supervised in another state under the compact to
the National Crime Information Center;
merges the reporting requirements applicable to the Bureau of Criminal Identification
under Section 53-10-214 with the reporting requirements applicable to the Bureau of
Criminal Identification under Section 53-10-213 and repeals Section 53-10-214; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-10-208.1
, as last amended by Laws of Utah 2025, Chapters 173, 208
53-10-213
, as last amended by Laws of Utah 2023, Chapter 397
77-7-5
, as last amended by Laws of Utah 2025, Chapter 314
77-28c-104
, as last amended by Laws of Utah 2008, Chapter 382
ENACTS:
77-28c-106
, Utah Code Annotated 1953
REPEALS:
53-10-214
, as last amended by Laws of Utah 2025, Chapter 291
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-10-208.1
is amended to read:
53-10-208.1
. Magistrates and court clerks to supply information.
(1)
Every magistrate or clerk of a court responsible for court records in this state shall,
within 30 days after the day of the disposition and on forms and in the manner provided
by the division, furnish the division with information pertaining to:
(a)
all dispositions of criminal matters, including:
(i)
guilty pleas;
(ii)
convictions;
(iii)
dismissals;
(iv)
acquittals;
(v)
pleas in abeyance;
(vi)
judgments of not guilty by reason of insanity;
(vii)
judgments of guilty with a mental condition;
(viii)
finding of mental incompetence to stand trial; and
(ix)
probations granted;
(b)
orders of civil commitment under the terms of Section
26B-5-332
;
(c)
the issuance, recall, cancellation, or modification of all warrants of arrest or
commitment as described in Rule 6, Utah Rules of Criminal Procedure
and
,
Section
78B-6-303
,
and Section
77-28c-106
within one day of the action and in a manner
provided by the division; and
(d)
protective orders issued after notice and hearing,
pursuant
to
in accordance with
:
(i)
Title 77, Chapter 36, Cohabitant Abuse Procedures Act
;
(ii)
Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders
;
(iii)
Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders
;
(iv)
Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders
; or
(v)
Title 78B, Chapter 7, Part 8, Criminal Protective Orders
.
(2)
When transmitting information on a criminal matter under Subsection
(1)(a)(i)
,
(ii)
,
(v)
,
or
(vii)
for a conviction of misdemeanor assault under Section
76-5-102
, the magistrate
or clerk of a court shall include available information regarding whether the conviction
for assault resulted from an assault against an individual:
(a)
who is included in at least one of the relationship categories described in Subsection
76-11-303(13)
; or
(b)
with whom none of the relationships described in Subsection
76-11-303(13)
apply.
(3)
The court in the county where a determination or finding was made shall transmit a
record of the determination or finding to the bureau no later than 48 hours after the
determination is made, excluding Saturdays, Sundays, and legal holidays, if an
individual is:
(a)
adjudicated as a mental defective; or
(b)
involuntarily committed to a mental institution in accordance with Subsection
26B-5-332(16)
.
(4)
The record described in Subsection
(3)
shall include:
(a)
an agency record identifier;
(b)
the individual's name, sex, race, and date of birth; and
(c)
the individual's social security number, government issued driver license or
identification number, alien registration number, government passport number, state
identification number, or FBI number.
Section 2. Section
53-10-213
is amended to read:
53-10-213
. Reporting requirements.
(1)
As used in this section:
(a)
"Interstate compact supervised individual" means the same as that term is defined in
Section
77-7-5
.
(b)
"Violent felony" means the same as that term is defined in Section
76-3-203.5
.
(1)
(2)
The
Subject to Subsection
(3)
, the
bureau shall submit
to the National Crime
Information Center the record received:
(a)
the record received
from the court in accordance with Subsection
78B-7-603(5)(e)
to the National Crime Information Center within 48 hours of receipt, excluding
Saturdays, Sundays, and legal holidays.
;
(2)
(b)
The bureau shall submit the record received
from the court in accordance with
Subsection
53-10-208.1(3)
to the National Instant Criminal Background Check
System within 48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
;
(c)
in accordance with Section
53-10-208.1
for a nonextraditable warrant issued for a
violent felony;
(d)
for a nonextraditable warrant issued for knowingly failing to register under Title 53,
Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, for a sexual offense
under Section
53-29-305
; and
(e)
from the court or the Board of Pardons and Parole for an extraditable warrant issued
for an interstate compact supervised individual in accordance with Section
77-28c-106
.
(3)
The bureau shall submit a record received under Subsection
(2)
to the National Crime
Information Center within 48 hours of receipt, excluding Saturdays, Sundays, and legal
holidays.
Section 3. Section
77-7-5
is amended to read:
77-7-5
. Issuance of summons or warrant -- Time and place arrests may be made
-- Contents of warrant or summons -- Responsibility for transporting prisoners.
(1)
As used in this section:
(a)
"Daytime hours" means the hours after 6 a.m. and before 10 p.m.
(b)
"Interstate compact supervised individual" means the same as that term is defined in
Section
77-28c-106
.
(b)
(c)
"Nighttime hours" means the hours after 10 p.m. and before 6 a.m.
(2)
A magistrate may issue a warrant for arrest in lieu of a summons for the appearance of
the accused only upon finding:
(a)
probable cause to believe that the person to be arrested has committed a public
offense; and
(b)
under Rule 6 of the Utah Rules of Criminal Procedure and this section that a warrant
is necessary to:
(i)
prevent risk of injury to a person or property;
(ii)
secure the appearance of the accused; or
(iii)
protect the public safety and welfare of the community or an individual.
(3)
There is a presumption against the issuance of a warrant in lieu of a summons if:
(a)
after being booked into jail on conduct that would constitute an offense, the accused
was released from jail because the prosecuting attorney did not file an information
within the time period required under Rule 9 of the Utah Rules of Criminal
Procedure; and
(b)
the prosecuting attorney filed an information more than 60 days after the day on
which the accused was released from jail.
(4)
The presumption described in Subsection
(3)
may be overcome if:
(a)
the accused fails to appear on a served summons;
(b)
a summons is unable to be served after good faith efforts; or
(c)
the prosecuting attorney establishes good cause for issuing a warrant in lieu of a
summons to:
(i)
prevent risk of injury to a person or property; or
(ii)
protect the public safety and welfare of the community or an individual.
(5)
If the offense charged is:
(a)
a felony, the arrest upon a warrant may be made at any time of the day or night; or
(b)
a misdemeanor, the arrest upon a warrant may be made during nighttime hours only
if:
(i)
the magistrate has endorsed authorization to do so on the warrant;
(ii)
the person to be arrested is upon a public highway, in a public place, or in a place
open to or accessible to the public; or
(iii)
the person to be arrested is encountered by a peace officer in the regular course
of that peace officer's investigation of a criminal offense unrelated to the
misdemeanor warrant for arrest.
(6)
(a)
If the magistrate determines that the accused
must
shall
appear in court, the
magistrate shall include in the arrest warrant the name of the law enforcement agency
in the county or municipality with jurisdiction over the offense charged.
(b)
(i)
The law enforcement agency identified by the magistrate under Subsection
(6)(a)
is responsible for providing inter-county transportation of the defendant, if
necessary, from the arresting law enforcement agency to the court site.
(ii)
The law enforcement agency named on the warrant may contract with another
law enforcement agency to have a defendant transported.
(7)
The law enforcement agency identified by the magistrate under Subsection
(6)(a)
shall
indicate to the court within 48 hours of the issuance, excluding Saturdays, Sundays, and
legal holidays if a warrant issued in accordance with this section is an extradition
warrant.
(8)
The law enforcement agency identified by the magistrate under Subsection
(6)(a)
shall
report any changes to the status of a warrant issued in accordance with this section to the
Bureau of Criminal Identification.
(9)
This section does not apply to an arrest warrant issued under Section
77-28c-106
for an
interstate compact supervised individual who is alleged to have violated the terms of the
individual's supervision.
Section 4. Section
77-28c-104
is amended to read:
77-28c-104
. Compact transfer procedures and requirements.
(1)
As used in this section:
(a)
"Department" means the Department of Corrections.
(b)
"Division" means the Division of Adult Probation and Parole created in Section
64-14-202
.
(c)
"Interstate compact" means the Interstate Compact for Adult Offender Supervision
described in Section
77-28c-103
.
(b)
(d)
"Offender"
has the same meaning as provided
means the same as that term is
defined
in Section
77-28c-103
, Article II(a)(9).
(e)
"Supervision" means the oversight exercised by authorities over an offender for a
period of time determined by a court or releasing authority, during which time the
offender is required to:
(i)
report to, or be monitored by, supervising authorities; and
(ii)
comply with regulations and conditions, other than monetary conditions, imposed
on the offender at the time of the offender's release into the community or during
the period of the offender's supervision in the community.
(2)
(a)
Offenders
Subject to Subsections
(2)(b)
and (c), an offender
desiring a transfer of
supervision to another state under the
Interstate Compact for Adult Offender
Supervision
interstate compact
shall apply to the department for
a
transfer.
(b)
Before an offender may apply for a transfer under Subsection
(2)(a)
, the offender is
required to be under the supervision of the division.
(b)
(c)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
,
the department shall make rules governing the transfer of supervision of an offender.
(3)
The department shall collect a fee of
$50
$90
from each offender applying for transfer
of supervision to another state under the
Interstate Compact for Adult Offender
Supervision
interstate compact
.
Section 5. Section
77-28c-106
is enacted to read:
77-28c-106
. Warrants for offenders under the compact.
(1)
As used in this section:
(a)
"Board" means the Board of Pardons and Parole established under Section
77-27-2
.
(b)
"Division" means the Division of Adult Probation and Parole created in Section
64-14-202
.
(c)
"Interstate compact" means the Interstate Compact for Adult Offender Supervision
described in Section
77-28c-103
.
(d)
"Interstate compact supervised individual" means an offender who is being
supervised in another state under the interstate compact after requesting, and
receiving authorization for, a transfer of supervision in accordance with Section
77-28c-104
.
(e)
"Offender" means the same as that term is defined in Section
77-28c-103
, Article
II(a)(9).
(2)
If there is probable cause to believe that an interstate compact supervised individual has
violated the terms of the individual's supervision, a court, in the case of an interstate
compact supervised individual whose supervision is probation, or the board, in the case
of an interstate compact supervised individual whose supervision is parole, shall issue an
arrest warrant for the interstate compact supervised individual.
(3)
An arrest warrant issued under Subsection
(2)
shall:
(a)
(i)
be an extradition warrant;
(ii)
authorize a nationwide pick-up radius; and
(iii)
prohibit the release of the interstate compact supervised individual on a bail bond
until the individual is returned to Utah and appears before a court or the board; and
(b)
(i)
if the interstate compact supervised individual is on probation, include the
name of the law enforcement agency in the county or municipality that had
jurisdiction over the offense that resulted in the individual's conviction and
subsequent probationary status; or
(ii)
if the interstate compact supervised individual's supervision is parole, include the
division.
(4)
The law enforcement agency or the division identified by the court or the board under
Subsection
(3)(b)
is responsible for ensuring that the interstate compact supervised
individual is transported from the government agency of the other state with custody
over the interstate compact supervised individual to the applicable court site or board
site.
(5)
The law enforcement agency or the division identified by the court or the board under
Subsection
(3)(b)
shall report any changes to the status of a warrant issued in accordance
with this section to the Bureau of Criminal Identification.
(6)
(a)
If a court issues a warrant under this section, the court shall furnish any
information pertaining to the issuance, recall, cancellation, or modification of the
warrant to the Criminal Investigations and Technical Services Division created in
Section
53-10-103
to be submitted to the National Crime Information Center in
accordance with Section
53-10-208.1
.
(b)
If the board issues a warrant under this section, the division shall furnish any
information pertaining to the issuance, recall, cancellation, or modification of the
warrant to the Criminal Investigations and Technical Services Division created in
Section
53-10-103
to be submitted to the National Crime Information Center in
accordance with Section
53-10-208.1
.
Section 6.
Repealer.
Reporting requirements.
Section 7.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 10:35 AM