Substance Use Intervention Amendments

65
17-72-508
26B-7-117
77-20-205
78A-7-124
78B-7-1301
78B-7-1302
17-72-508
26B-7-117
77-20-205
78A-7-124
78B-7-1301
78B-7-1302
0
Substance Use Intervention Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tyler Clancy
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill addresses substance use interventions in communities and for criminal justice
involved individuals.
Highlighted Provisions:
This bill:
authorizes jails to establish recovery housing pods and establishes minimum requirements;
amends provisions related to the operation of a syringe exchange program, including to
prohibit:
the distribution of drug paraphernalia other than syringes; and
the facilitation of the exchange of syringes in public parks;
authorizes a justice court to create a Structured Treatment and Enforcement Pathway
Supervision Program and establishes requirements;
authorizes courts to enter an off-limits order to enjoin an individual who has been charged
with or convicted of a drug offense from entering the geographic area where that
individual committed or is charged with committing the drug offense;
makes technical and conforming changes; and
defines terms.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-7-117
, as last amended by Laws of Utah 2025, Chapter 243
77-20-205
, as last amended by Laws of Utah 2025, Chapter 243
ENACTS:
17-72-508
, Utah Code Annotated 1953
78A-7-124
, Utah Code Annotated 1953
78B-7-1301
, Utah Code Annotated 1953
78B-7-1302
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
17-72-508
is enacted to read:
17-72-508
. Recovery housing pod authorized.
(1)
As used in this section:
(a)
"Local substance abuse authority" means a local substance abuse authority described
in Section
17-77-201
.
(b)
"Qualifying individual" means an individual who:
(i)
is incarcerated in the county jail; and
(ii)
has a substance use disorder as determined by a screening administered in
accordance with Subsection
17-72-501(2)(e)
.
(c)
"Recovery housing pod" means a designated unit or number of beds within a county
jail dedicated to qualifying individuals who participate in a structured substance use
treatment program.
(2)
A sheriff may establish a recovery housing pod in a county jail.
(3)
Subject to the provisions of Subsection
(5)
:
(a)
the local substance abuse authority shall approve a recovery housing pod; and
(b)
before approving a recovery housing pod, the local substance abuse authority shall
make a determination that the structured substance use treatment program is based on
best practices.
(4)
A recovery housing pod that is established on or before May 5, 2026, is not subject to
the requirements of this section until July 1, 2029.
(5)
(a)
A local substance abuse authority may develop model standards and operational
guidelines for a structured substance use treatment program in a recovery housing
pod in a county jail based on best practices.
(b)
A structured substance use treatment program that follows model standards and
operational guidelines that a local substance abuse authority develops as described in
Subsection
(5)(a)
, is presumed to be based on best practices for purposes of the
determination described in Subsection
(3)(b)
.
(6)
A structured substance use treatment program may include:
(a)
a structured daily routine including requiring qualifying individuals to:
(i)
have assigned responsibilities;
(ii)
attend group meetings;
(iii)
complete work assignments;
(iv)
attend educational programs; and
(v)
participate in recovery-oriented programming;
(b)
peer programming, including requiring qualifying participants to help lead, manage,
and maintain the culture and physical space of the recovery housing pod with the
guidance of staff;
(c)
behavioral accountability where positive behavior is rewarded and negative behavior
is addressed through corrective feedback from peers and staff;
(d)
promotion of self-discipline and mutual support where qualifying participants uphold
standards of conduct and support one another in personal development;
(e)
phased progress in which qualifying participants advance through levels of
responsibility and opportunity based on merit and demonstrated behavioral growth;
and
(f)
practical skill building, which may include:
(i)
job training;
(ii)
personal finance skill training;
(iii)
interpersonal communication education; and
(iv)
reentry planning.
(7)
(a)
Participation in a recovery housing pod is voluntary.
(b)
A qualifying individual who participates in a recovery pod shall sign a written
agreement acknowledging the qualifying individual's commitment to the recovery
housing pod's structured substance use treatment program.
(8)
A local substance abuse authority may contract with a third party to deliver the
substance use treatment program approved under this section.
Section 2. Section
26B-7-117
is amended to read:
26B-7-117
. Syringe exchange and education.
(1)
As used in this section, "government entity" means the state or any county,
municipality, special district, special service district, or other political subdivision or
administrative unit of the state, an institution of higher education as defined in Section
53H-1-101
, or a local education agency as defined in Section
53G-7-401
.
(2)
The following may operate a syringe exchange program in the state to prevent the
transmission of disease, reduce morbidity and mortality, and facilitate access to
treatment and recovery services among individuals who inject drugs, and those
individuals' contacts:
(a)
a government entity, including:
(i)
the department;
(ii)
a local health department; or
(iii)
a local substance abuse authority, as defined in Section
26B-5-101
;
(b)
a nongovernment entity, including:
(i)
a nonprofit organization; or
(ii)
a for-profit organization; or
(c)
any other entity that complies with Subsections
(2)
and
(4)
(3) and (5)
.
(2)
(3)
An entity operating a syringe exchange program in the state
:

(a)
shall:
(a)
(i)
facilitate the exchange of an individual's used syringe for one or more new
syringes in sealed sterile packages;
(b)
(ii)
ensure that a recipient of a new syringe is given verbal and written
instruction on:
(i)
(A)
methods for preventing the transmission of blood-borne diseases,
including hepatitis C and human immunodeficiency virus; and
(ii)
(B)
options for obtaining:
(A)
(I)
services for the treatment of a substance use disorder;
(B)
(II)
testing for a blood-borne disease; and
(C)
(III)
an opiate antagonist, as that term is defined in Section
26B-4-501
; and
(c)
(iii)
report annually to the department the following information about the
program's activities:
(i)
(A)
the number of individuals who have exchanged syringes;
(ii)
(B)
the number of used syringes exchanged for new syringes;
(iii)
(C)
the number of new syringes provided in exchange for used syringes;
(iv)
(D)
information the program provided to individuals about recovery and
treatment resources; and
(v)
(E)
of the individuals who have exchanged syringes, the number of
individuals who received services for the treatment of a substance use disorder
within 12 months of exchanging syringes
.
; and
(b)
may not distribute drug paraphernalia other than syringes, including:
(i)
pipes;
(ii)
straws; or
(iii)
other items used to ingest controlled substances.
(3)
(4)
A person that is licensed by the department to provide residential treatment for a
substance use disorder shall include as part of the person's admissions materials a
question asking whether the individual seeking treatment has ever received services
from a syringe exchange program.
(4)
(5)
The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, as necessary or advisable to implement the provisions
of this section, including rules:
(a)
specifying requirements for:
(i)
syringe distribution;
(ii)
data collection; and
(iii)
the evaluation of an entity operating a syringe exchange program to ensure
compliance with applicable statutes and rules; and
(b)
specifying how and when an entity operating a syringe exchange program shall make
the report required by Subsection
(2)(c)
(3)(a)(iii)
.
(5)
(6)
An entity operating a syringe exchange program may not facilitate the exchange of
syringes at
, on, or within 100 feet of,
a homeless shelter, as that term is defined in
Section
35A-16-501
,
or
at
permanent supportive housing
, or in public parks
.
(7)
Notwithstanding any other provision of this section, an entity that operates a syringe
exchange program may not facilitate the exchange of syringes on public property
without written authorization from the government entity that owns, operates, or has
jurisdiction over the property.
(6)
(8)
(a)
The use of state funds to operate a syringe exchange program is prohibited.
(b)
Nothing in this section should be construed to prohibit the use or distribution of
municipal, county, or federal funds in operating or financing a syringe exchange
program under this section.
Section 3. Section
77-20-205
is amended to read:
77-20-205
. Pretrial release by a magistrate or judge.
(1)
(a)
At the time that a magistrate issues a warrant of arrest, or finds there is probable
cause to support the individual's arrest under Rule 9 of the Utah Rules of Criminal
Procedure, the magistrate shall issue a temporary pretrial status order that:
(i)
releases the individual on the individual's own recognizance during the time the
individual awaits trial or other resolution of criminal charges;
(ii)
designates a condition, or a combination of conditions, to be imposed upon the
individual's release during the time the individual awaits trial or other resolution
of criminal charges; or
(iii)
orders the individual be detained during the time the individual awaits trial or
other resolution of criminal charges, subject to the requirements of Subsection
(1)(c)
.
(b)
At the time that a magistrate issues a summons, the magistrate may issue a temporary
pretrial status order that:
(i)
releases the individual on the individual's own recognizance during the time the
individual awaits trial or other resolution of criminal charges; or
(ii)
designates a condition, or a combination of conditions, to be imposed upon the
individual's release during the time the individual awaits trial or other resolution
of criminal charges, subject to the requirements of Subsection
(1)(c)
.
(c)
(i)
Notwithstanding Subsection
(1)(a)
or
(b)
, a magistrate shall issue a temporary
pretrial status order of detention under Subsection
(1)(a)(iii)
if the individual is
arrested for a felony offense and the magistrate finds:
(A)
there is substantial evidence to support the individual's arrest for the felony
offense;
(B)
the individual committed the felony offense while:
(I)
the individual was on parole or probation for a conviction of a felony
offense; or
(II)
the individual was released and awaiting trial on a previous charge for a
felony offense; and
(C)
based on information reasonably available to the magistrate, the individual:
(I)
is a habitual offender as defined in Section
77-18-102
; or
(II)
will be a habitual offender as defined in Section
77-18-102
if the individual
is convicted of the felony offense.
(ii)
This Subsection
(1)(c)
does not limit or prohibit a magistrate's authority to detain
an individual who does not meet the requirements described in this Subsection
(1)(c)
.
(2)
(a)
Except as provided in Subsection
(2)(b)
, the magistrate or judge shall issue a
pretrial status order at an individual's first appearance before the court.
(b)
The magistrate or judge may delay the issuance of a pretrial status order at an
individual's first appearance before the court:
(i)
until a pretrial detention hearing is held if a prosecuting attorney makes a motion
for pretrial detention as described in Section
77-20-206
;
(ii)
if a party requests a delay; or
(iii)
if there is good cause to delay the issuance.
(c)
If a magistrate or judge delays the issuance of a pretrial status order under Subsection
(2)(b)
, the magistrate or judge shall extend the temporary pretrial status order until
the issuance of a pretrial status order.
(d)
A request for a pretrial release that has not been fully presented to and ruled upon by
the magistrate or judge at an initial appearance does not constitute a pretrial detention
hearing under Section
77-20-206
.
(3)
(a)
When a magistrate or judge issues a pretrial status order, the pretrial status order
shall:
(i)
release the individual on the individual's own recognizance during the time the
individual awaits trial or other resolution of criminal charges;
(ii)
designate a condition, or a combination of conditions, to be imposed upon the
individual's release during the time the individual awaits trial or other resolution
of criminal charges; or
(iii)
subject to the requirements of Subsection
(10)
, order the individual to be
detained during the time that individual awaits trial or other resolution of criminal
charges.
(b)
In making a determination about pretrial release in a pretrial status order, the
magistrate or judge may not give any deference to a magistrate's decision in a
temporary pretrial status order.
(4)
In making a determination about pretrial release, a magistrate or judge shall impose:
(a)
only conditions of release that are reasonably available; and
(b)
conditions of release that reasonably ensure:
(i)
the individual's appearance in court when required;
(ii)
the safety of any witnesses or victims of the offense allegedly committed by the
individual;
(iii)
the safety and welfare of the public; and
(iv)
that the individual will not obstruct, or attempt to obstruct, the criminal justice
process.
(5)
Except as provided in Subsection
(1)(c)
or
(6)
, a magistrate or judge may impose a
condition, or combination of conditions, for pretrial release that requires an individual to:
(a)
not commit a federal, state, or local offense during the period of pretrial release;
(b)
avoid contact with a victim of the alleged offense;
(c)
avoid contact with a witness who:
(i)
may testify concerning the alleged offense; and
(ii)
is named in the pretrial status order;
(d)
not consume alcohol or any narcotic drug or other controlled substance unless
prescribed by a licensed medical practitioner;
(e)
submit to drug or alcohol testing;
(f)
complete a substance abuse evaluation and comply with any recommended treatment
or release program;
(g)
submit to electronic monitoring or location device tracking;
(h)
participate in inpatient or outpatient medical, behavioral, psychological, or
psychiatric treatment;
(i)
maintain employment or actively seek employment if unemployed;
(j)
maintain or commence an education program;
(k)
comply with limitations on where the individual is allowed to be located or the times
that the individual shall be, or may not be, at a specified location;
(l)
comply with an off-limits order entered under Section
78B-7-1302
;
(l)
(m)
comply with specified restrictions on personal associations, place of residence,
or travel;
(m)
(n)
report to a law enforcement agency, pretrial services program, or other
designated agency at a specified frequency or on specified dates;
(n)
(o)
comply with a specified curfew;
(o)
(p)
forfeit or refrain from possession of a firearm or other dangerous weapon;
(p)
(q)
if the individual is charged with an offense against a child, limit or prohibit
access to any location or occupation where children are located, including any
residence where children are on the premises, activities where children are involved,
locations where children congregate, or where a reasonable person would know that
children congregate;
(q)
(r)
comply with requirements for house arrest;
(r)
(s)
return to custody for a specified period of time following release for
employment, schooling, or other limited purposes;
(s)
(t)
remain in custody of one or more designated individuals who agree to:
(i)
supervise and report on the behavior and activities of the individual; and
(ii)
encourage compliance with all court orders and attendance at all required court
proceedings;
(t)
(u)
comply with a financial condition; or
(u)
(v)
comply with any other condition that is reasonably available and necessary to
ensure compliance with Subsection
(4)
.
(6)
(a)
If a county or municipality has established a pretrial services program, the
magistrate or judge shall consider the services that the county or municipality has
identified as available in determining what conditions of release to impose.
(b)
The magistrate or judge may not order conditions of release that would require the
county or municipality to provide services that are not currently available from the
county or municipality.
(c)
Notwithstanding Subsection
(6)(a)
, the magistrate or judge may impose conditions of
release not identified by the county or municipality so long as the condition does not
require assistance or resources from the county or municipality.
(7)
(a)
If the magistrate or judge determines that a financial condition, other than an
unsecured bond, is necessary to impose as a condition of release, the magistrate or
judge shall, when determining the amount of the financial condition, refer to the
financial condition schedule in Section
77-20-205.5
and consider the individual's risk
of failing to appear and ability to pay.
(b)
If the magistrate or judge determines that a financial condition is necessary to impose
as a condition of release, and a county jail official fixed a financial condition for the
individual under Section
77-20-204
, the magistrate or judge may not give any
deference to:
(i)
the county jail official's action to fix a financial condition; or
(ii)
the amount of the financial condition that the individual was required to pay for
pretrial release.
(c)
If a magistrate or judge orders a financial condition as a condition of release, the
judge or magistrate shall set the financial condition at a single amount per case.
(8)
In making a determination about pretrial release, the magistrate or judge may:
(a)
rely upon information contained in:
(i)
the indictment or information;
(ii)
any sworn or probable cause statement or other information provided by law
enforcement;
(iii)
a pretrial risk assessment;
(iv)
an affidavit of indigency described in Section
78B-22-201.5
;
(v)
witness statements or testimony;
(vi)
the results of a lethality assessment completed in accordance with Section
77-36-2.1
; or
(vii)
any other reliable record or source, including proffered evidence; and
(b)
consider:
(i)
the nature and circumstances of the offense, or offenses, that the individual was
arrested for, or charged with, including:
(A)
whether the offense is a violent offense; and
(B)
the vulnerability of a witness or alleged victim;
(ii)
the nature and circumstances of the individual, including the individual's:
(A)
character;
(B)
physical and mental health;
(C)
family and community ties;
(D)
employment status or history;
(E)
financial resources;
(F)
past criminal conduct;
(G)
history of drug or alcohol abuse; and
(H)
history of timely appearances at required court proceedings;
(iii)
the potential danger to another individual, or individuals, posed by the release of
the individual;
(iv)
whether the individual was on probation, parole, or release pending an upcoming
court proceeding at the time the individual allegedly committed the offense or
offenses;
(v)
the availability of:
(A)
other individuals who agree to assist the individual in attending court when
required; or
(B)
supervision of the individual in the individual's community;
(vi)
the eligibility and willingness of the individual to participate in various treatment
programs, including drug treatment; or
(vii)
other evidence relevant to the individual's likelihood of fleeing or violating the
law if released.
(9)
The magistrate or judge may not base a determination about pretrial release solely:
(a)
on the seriousness or type of offense that the individual is arrested for or charged
with, unless the individual is arrested for or charged with a capital felony; or
(b)
on an algorithm or a risk assessment tool score.
(10)
If the magistrate or judge issues an order
pursuant to
in accordance with
Subsection
77-20-205(3)(a)(iii)
(3)(a)(iii)
, the magistrate or judge shall make sufficiently detailed
findings of fact on the risk of substantial danger or flight from the court's jurisdiction to
enable a reviewing court to ensure that the magistrate's or judge's determination
reasonably considered all of the evidence presented to the court.
(11)
An individual arrested for violation of a jail release agreement, or a jail release court
order, issued in accordance with Section
78B-7-802
:
(a)
may not be released before the individual's first appearance before a magistrate or
judge; and
(b)
may be denied pretrial release by the magistrate or judge.
Section 4. Section
78A-7-124
is enacted to read:
78A-7-124
. STEP Supervision Program -- Criteria for participation.
(1)
As used in this section:
(a)
"Eligible offense" means a probation-eligible offense for which the court determines
substance use is a contributing factor.
(b)
"Graduated sanction" means accountability measures and programs including:
(i)
electronic supervision;
(ii)
drug and alcohol testing;
(iii)
day or evening reporting centers;
(iv)
restitution centers;
(v)
forfeiture of earned compliance credits;
(vi)
rehabilitative interventions, including substance use treatment or mental health
treatment;
(vii)
requirements to report to a supervision officer;
(viii)
community service;
(ix)
compulsory participation in a residential treatment facility; and
(x)
short-term or intermittent incarceration.
(c)
"Judicial Council" means the Judicial Council established by Utah Constitution,
Article VIII, Section 12.
(d)
"Positive reinforcement" means incentives including:
(i)
awarding of a certificate of achievement;
(ii)
reducing reporting requirements;
(iii)
deferring fees;
(iv)
awarding earned compliance credits;
(v)
removing supervision conditions, including home detention or curfew; and
(vi)
opportunity to participate in mentorship programming.
(e)
"Sexual offense" means:
(i)
a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses; or
(ii)
a sexual exploitation offense under Title 76, Chapter 5b, Part 2, Sexual
Exploitation.
(f)
"STEP Supervision Program" means the Structured Treatment and Enforcement
Pathway Supervision Program that may be established under Subsection
(2)
.
(g)
(i)
"Violent criminal offense" means any criminal offense involving violence or
physical harm or threat of violence or physical harm.
(ii)
"Violent criminal offense" includes a domestic violence offense as that term is
defined in Section
77-36-1
.
(2)
A justice court in a county of the first or second class may establish a Structured
Treatment and Enforcement Supervision Program:
(a)
with the approval of the Judicial Council; and
(b)
if sufficient local government resources exist to fund and operate the STEP
Supervision Program.
(3)
A justice court that establishes a STEP Supervision Program under this section may
establish eligibility requirements for participation in the STEP Supervision Program that
are:
(a)
not inconsistent with this section; and
(b)
approved by the Judicial Council.
(4)
A STEP Supervision Program shall include:
(a)
graduated sanctions and positive reinforcement;
(b)
requirements that an individual ordered to the STEP Supervision Program:
(i)
maintain employment, maintain enrollment in educational programming, or
actively seek employment during the individual's participation in the STEP
Supervision Program, unless otherwise ordered by the justice court judge;
(ii)
submit to regular and randomized drug and alcohol testing;
(iii)
regularly report to a probation officer or other supervision officer as ordered by
the justice court judge; and
(iv)
if indicated by a substance abuse assessment and evaluation, participate in a
court-approved substance abuse treatment plan, which may include medication
assisted treatment; and
(c)
continuous judicial supervision using a cooperative approach with prosecuting
attorneys, defense counsel, corrections, and substance abuse treatment services, as
appropriate, to promote public safety, protect participants' due process rights, and
integrate substance abuse treatment with justice system case processing.
(5)
(a)
Subject to Subsection
(5)(b)
, a justice court may order an individual to the STEP
Supervision Program if:
(i)
the individual has plead to, or been convicted of, an eligible offense;
(ii)
the individual meets other eligibility requirements the court establishes under a
STEP Supervision Program as approved by the Judicial Council; and
(iii)
the individual:
(A)
consents to participation in the STEP Supervision Program; and
(B)
agrees to submit to graduated sanctions and positive reinforcement.
(b)
An individual is ineligible for the STEP Supervision Program if the individual has
pending charges, in a case in any court, of:
(i)
a violent criminal offense; or
(ii)
a sexual offense.
Section 5. Section
78B-7-1301
is enacted to read:
13. Off-limits Order
78B-7-1301
. Definitions.
As used in this part:
(1)
"Covered individual" means a drug offender or an individual who has been charged with
a drug offense.
(2)
"Drug" means a controlled substance as that term is defined in Section
58-37-2
.
(3)
"Drug offender" means an individual convicted of a drug offense.
(4)
"Drug offense" means an act prohibited by the criminal provisions under Title 58,
Chapter 37, Utah Controlled Substances Act, Title 58, Chapter 37b, Imitation Controlled
Substances Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or
Title 58, Chapter 37d, Clandestine Drug Lab Act.
(5)
"Off-limits order" means an order issued by a district court that enjoins a covered
individual from entering or remaining in a public place.
(6)
"Public place" means the same as that term is defined in Section
76-9-802
.
Section 6. Section
78B-7-1302
is enacted to read:
78B-7-1302
. Off-limits order -- Notice -- Penalties.
(1)
(a)
A court with jurisdiction over a covered individual's drug offense may enter an
off-limits order enjoining a covered individual who is charged with or convicted of
committing a drug offense in a public place from entering or remaining in that public
place for up to one year.
(b)
An off-limits order may allow a covered individual to enter the public place for
health or employment reasons, subject to conditions the court sets.
(c)
A court may enter an off-limits order:
(i)
in a nuisance action under Section
78B-6-1107
;
(ii)
as a condition of pretrial release of an individual awaiting trial for a drug offense;
or
(iii)
as a condition of sentencing of a drug offender.
(2)
(a)
An off-limits order shall specifically describe the public place in the off-limits
order.
(b)
The description of the public place shall define the perimeter of the geographic area
using street names and numbers.
(3)
The court shall transmit a copy of an off-limits order entered under this section to the
Utah Criminal Justice Information System.
(4)
(a)
A covered individual who violates an off-limits order entered under this section is
guilty of a class A misdemeanor.
(b)
A covered individual who willfully violates an off-limits order entered under this
section may also be found in contempt of court and subject to penalties under Title
78B, Chapter 6, Part 3, Contempt.
Section 7.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 11:05 AM