Offender Amendments

37
17-72-411
26B-2-136
53-3-214
53-3-805
64-13-6
64-13-10.6
64-13-45
64-14-203
77-18-105
77-27-10
0
Offender Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor: Brady Brammer

Cosponsor:
Sandra Hollins
Andrew Stoddard
Matthew H. Gwynn
Lisa Shepherd
Ryan D. Wilcox
LONG TITLE
General Description:
This bill concerns provisions relating to offenders.
Highlighted Provisions:
This bill:
requires a county jail to assist certain county jail inmates in obtaining a current driver
license or state-issued identification;
requires a substance abuse treatment program to share the results of a participant's drug
test with the participant's supervising probation or parole officer and other specified
individuals under certain conditions;
requires the Driver License Division to coordinate with a county jail in providing a
county inmate with a driver license certificate or a temporary regular identification card;
requires the Department of Corrections (department) to:
identify and provide information and resources regarding post-incarceration housing;
within 12 months after the day on which the department implements a digital
communications program for inmates, provide a secure digital portal that will
facilitate attorney-client communications and document exchanges between inmates
and attorneys; and
provide annual data to the State Commission on Criminal and Juvenile Justice
concerning the types of, and usage of, various incentives offered to inmates;
requires the Division of Adult Probation and Parole to track and annually report
information concerning the housing of offenders currently on parole;
amends health information disclosure provisions for individuals who are on probation or
parole; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-214
, as last amended by Laws of Utah 2023, Chapter 414
53-3-805
, as last amended by Laws of Utah 2025, Chapter 471
64-13-6
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
64-13-10.6
, as last amended by Laws of Utah 2025, Chapter 227
64-13-45
, as last amended by Laws of Utah 2024, Chapters 245, 341
64-14-203
, as enacted by Laws of Utah 2025, Chapter 214
77-18-105
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
77-27-10
, as last amended by Laws of Utah 2025, Chapters 214, 299
ENACTS:
17-72-411
, Utah Code Annotated 1953
26B-2-136
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
17-72-411
is enacted to read:
17-72-411
. Assistance with identification records for certain county inmates.
(1)
Beginning July 1, 2026, for a county inmate sentenced to serve at least six months in a
county jail, the county jail shall:
(a)
determine whether the county inmate has a current state-issued driver license or
state-issued identification card; and
(b)
if the county inmate does not possess a document described in Subsection
(1)(a)
:
(i)
inform the county inmate that a document listed in Subsection
(1)(a)
may be
required to obtain employment upon release;
(ii)
inquire whether the county inmate would like to:
(A)
apply to renew, or obtain a duplicate of, a state-issued driver license; or
(B)
apply for a state-issued identification card or extend a state-issued
identification card; and
(iii)
(A)
subject to Subsection
(4)
, if the county inmate accepts assistance in
obtaining a document described in Subsection
(1)(a)
, provide the assistance
described in Subsection
(2)
as soon as practicable after the date on which the
inmate accepts assistance; or
(B)
if the county inmate refuses assistance in obtaining a document described in
Subsection
(1)(a)
, maintain a record of the county inmate's refusal in the
county jail's electronic file management system.
(2)
If a county inmate accepts assistance in obtaining a current state-issued identification
card or to renew, or obtain a duplicate of, a state-issued driver license, as described in
Subsection
(1)(b)(iii)(A)
, the county jail shall coordinate with the Driver License
Division to:
(a)
(i)
obtain a duplicate of the county inmate's state-issued driver license, as
described in Section
53-3-215
; or
(ii)
renew the county inmate's state-issued driver license, if the county inmate meets
the criteria listed in Section
53-3-214
; or
(b)
(i)
extend the county inmate's state-issued regular identification card, as described
in Section
53-3-807
; or
(ii)
issue the county inmate a temporary regular identification card as described in
Subsection
53-3-805(11)
, unless the county inmate plans to live outside this state
immediately upon release.
(3)
(a)
For a county inmate receiving assistance under Subsection
(2)
, the county jail
shall ensure that at least seven days before the county inmate's release, the county
inmate meets virtually with the Driver License Division to be issued, if eligible, a
duplicate driver license, a renewed driver license, an extended regular identification
card, or a temporary regular identification card, as described in Subsection
(2)
.
(b)
Before the county inmate meets with the Driver License Division, as described in
Subsection
(3)(a)
, the county jail shall ensure that the county inmate is provided all
the required documentation and information that the county jail possesses for the
county inmate to obtain a document listed in Subsection
(2)
, including:
(i)
all personal identification documentation; and
(ii)
a voucher for payment toward any one of the documents listed in Subsection
(2)
,
up to the cost of an original class D license application under Section
53-3-205
.
(4)
The requirements of this section do not apply if the county inmate is not:
(a)
a citizen of the United States; or
(b)
a lawful resident of the United States who has legal authorization to work in the
United States.
Section 2. Section
26B-2-136
is enacted to read:
26B-2-136
. Drug test result disclosure requirements for substance abuse
treatment programs.
(1)
As used in this section, "eligible supervision employee" means:
(a)
a participant's supervising probation or parole officer; or
(b)
treatment staff employed by or working under a contract with the Department of
Corrections.
(2)
A substance abuse treatment program shall provide the results of a drug test for a
participant in the substance abuse treatment program who is on probation or parole to an
eligible supervision employee if:
(a)
an eligible supervision employee requests the drug test results; and
(b)
the participant has signed a waiver, in compliance with federal health information
disclosure laws, that allows the substance abuse treatment program to share
information regarding the participant's drug test results with an eligible supervision
employee.
Section 3. Section
53-3-214
is amended to read:
53-3-214
. Renewal -- Fees required -- Extension without examination.
(1)
(a)
The holder of a valid license may renew the holder's license and any endorsement
to the license by applying:
(i)
at any time within six months before the license expires; or
(ii)
more than six months prior to the expiration date if the applicant furnishes proof
that the applicant will be absent from the state during the six-month period prior to
the expiration of the license.
(b)
The application for a renewal of, extension of, or any endorsement to a license shall
be accompanied by a fee under Section
53-3-105
.
(2)
(a)
Except as provided under Subsections
(2)(b)
and
(3)
, upon application for renewal
of a regular license certificate, provisional license, and any endorsement to a regular
license certificate, the division shall reexamine each applicant as if for an original
license and endorsement to the license, if applicable.
(b)
Except as provided under Subsection
(2)(c)
, upon application for renewal of a
limited-term license certificate, limited-term provisional license certificate, and any
endorsement to a limited-term license certificate, the division shall:
(i)
reexamine each applicant as if for an original limited-term license certificate and
endorsement to the limited-term license certificate, if applicable; and
(ii)
verify through valid documentary evidence that the status by which the individual
originally qualified for the limited-term license certificate has been extended by
the United States Citizenship and Immigration Services or other authorized
agency of the United States Department of Homeland Security.
(c)
The division may waive any or all portions of the test designed to demonstrate the
applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.
(3)
(a)
(i)
Except as provided under Subsections
(3)(b)
and
(c)
, the division may renew
or extend a regular license certificate or any endorsement to the regular license
certificate for eight years without examination for licensees whose driving records
for the eight years immediately preceding the determination of eligibility for
extension show:
(A)
no suspensions;
(B)
no revocations;
(C)
no conviction for reckless driving under Section
41-6a-528
; and
(D)
no more than six reportable violations in the preceding eight years.
(ii)
Except as provided under Subsections
(3)(b)
and
(c)
, the division may renew or
extend a provisional license and any endorsement to a provisional license for eight
years without examination for licensees whose driving records for the five years
immediately preceding the determination of eligibility for extension show:
(A)
no suspensions;
(B)
no revocations;
(C)
no conviction for reckless driving under Section
41-6a-528
; and
(D)
no more than four reportable violations in the preceding five years.
(iii)
Except as provided under Subsections
(3)(b)
and
(c)
, the division may renew or
extend a limited term license and any endorsement to a limited term license for
five years without examination for licensees whose driving records for the five
years immediately preceding the determination of eligibility for extension show:
(A)
no suspensions;
(B)
no revocations;
(C)
no conviction for reckless driving under Section
41-6a-528
; and
(D)
no more than four reportable violations in the preceding five years.
(b)
Except as provided in Subsection
(3)(g)
, after the expiration of a regular license
certificate, a new regular license certificate and any endorsement to a regular license
certificate may not be issued until the person has again passed the tests under Section
53-3-206
and paid the required fee.
(c)
After the expiration of a limited-term license certificate, a new limited-term license
certificate and any endorsement to a limited-term license certificate may not be
issued until the person has:
(i)
again passed the tests under Section
53-3-206
and paid the required fee; and
(ii)
presented documentary evidence that the status by which the individual originally
qualified for the limited-term license certificate has been extended by the United
States Citizenship and Immigration Services or other authorized agency of the
United States Department of Homeland Security.
(d)
A person 65 years
of age
old
or older shall take and pass the eye examination
specified in Section
53-3-206
.
(e)
An extension may not be granted to any person:
(i)
who is identified by the division as having a medical impairment that may
represent a hazard to public safety;
(ii)
holding a CDL or limited-term CDL issued under
Part 4, Uniform Commercial
Driver License Act
;
(iii)
who is holding a limited-term license certificate; or
(iv)
who is holding a driving privilege card issued in accordance with Section
53-3-207
.
(f)
The division shall allow extensions:
(i)
by mail, electronic means, or other means as determined by the division at the
appropriate extension fee rate under Section
53-3-105
;
(ii)
only if the applicant qualifies under this section; and
(iii)
for only one extension.
(g)
The division may waive any or all portions of the test designed to demonstrate the
applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.
(4)
In accordance with this section, the division shall coordinate with

:
(a)
the Department of Corrections in providing an inmate with access to a driver license
certificate as described in Section
64-13-10.6
.
; and
(b)
a county jail in providing a county inmate with access to a driver license certificate
as described in Section
17-72-411
.
Section 4. Section
53-3-805
is amended to read:
53-3-805
. Identification card -- Contents -- Specifications.
(1)
As used in this section:
(a)
"Authorized guardian" means the same as that term is defined in Section
53-3-207
.
(b)
"Health care professional" means the same as that term is defined in Section
53-3-207
.
(c)
"Invisible condition" means the same as that term is defined in Section
53-3-207
.
(d)
"Invisible condition identification symbol" means the same as that term is defined in
Section
53-3-207
.
(2)
(a)
The division shall issue an identification card that bears:
(i)
the distinguishing number assigned to the individual by the division;
(ii)
the name, birth date, and Utah residence address of the individual;
(iii)
a brief description of the individual for the purpose of identification;
(iv)
a photograph of the individual;
(v)
a photograph or other facsimile of the individual's signature;
(vi)
an indication whether the individual intends to make an anatomical gift under
Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act
; and
(vii)
if the individual states that the individual is a veteran of the United States
military on the application for an identification card in accordance with Section
53-3-804
and provides verification that the individual received an honorable or
general discharge from the United States Armed Forces, an indication that the
individual is a United States military veteran for a regular identification card or a
limited-term identification card issued on or after July 1, 2011.
(b)
An identification card issued by the division may not bear the individual's social
security number or place of birth.
(3)
(a)
The card shall be of an impervious material, resistant to wear, damage, and
alteration.
(b)
Except as provided under Section
53-3-806
, the size, form, and color of the card is
prescribed by the commissioner.
(4)
At the applicant's request, the card may include a statement that the applicant has a
special medical problem or allergies to certain drugs, for the purpose of medical
treatment.
(5)
(a)
The division shall include or affix an invisible condition identification symbol on
an individual's identification card if the individual or the individual's authorized
guardian, on a form prescribed by the department:
(i)
requests the division to include the invisible condition identification symbol;
(ii)
provides written verification from a health care professional that the individual is
an individual with an invisible condition; and
(iii)
submits a signed waiver of liability for the release of any medical information to:
(A)
the department;
(B)
any person who has access to the individual's medical information as recorded
on the individual's driving record or the Utah Criminal Justice Information
System under this chapter;
(C)
any other person who may view or receive notice of the individual's medical
information by seeing the individual's identification card or the individual's
information in the Utah Criminal Justice Information System;
(D)
a local law enforcement agency that receives a copy of the form described in
this Subsection
(5)(a)
and enters the contents of the form into the local law
enforcement agency's record management system or computer-aided dispatch
system; and
(E)
a dispatcher who accesses the information regarding the individual's invisible
condition through the use of a local law enforcement agency's record
management system or computer-aided dispatch system.
(b)
As part of the form described in Subsection
(5)(a)
, the department shall advise the
individual or the individual's authorized guardian that by submitting the request and
signed waiver, the individual or the individual's authorized guardian consents to the
release of the individual's medical information to any person described in Subsection
(5)(a)(iii)
, even if the person is otherwise ineligible to access the individual's medical
information under state or federal law.
(c)
The division may not:
(i)
charge a fee to include the invisible condition identification symbol on the
individual's identification card; or
(ii)
after including the invisible condition identification symbol on the individual's
previously issued identification card, require the individual to provide subsequent
written verification described in Subsection
(5)(a)(ii)
to include the invisible
condition identification symbol on the individual's extended identification card.
(d)
The division shall confirm with the Division of Professional Licensing that the health
care professional described in Subsection
(5)(a)(ii)
holds a current state license.
(e)
The inclusion of an invisible condition identification symbol on an individual's
identification card in accordance with Subsection
(5)(a)
does not confer any legal
rights or privileges on the individual, including parking privileges for individuals
with disabilities under Section
41-1a-414
.
(f)
For each individual issued an identification card under this section that includes an
invisible condition identification symbol, the division shall include in the division's
database a brief description of the nature of the individual's invisible condition in the
individual's record and provide the brief description to the Utah Criminal Justice
Information System.
(g)
Except as provided in this section, the division may not release the information
described in Subsection
(5)(f)
.
(h)
Within 30 days after the day on which the division receives an individual's or the
individual's authorized guardian's written request, the division shall:
(i)
remove from the individual's record in the division's database the invisible
condition identification symbol and the brief description described in Subsection
(5)(f)
; and
(ii)
provide the individual's updated record to the Utah Criminal Justice Information
System.
(6)
(a)
If the division receives a notification from a court as provided in Section
41-6a-505
,
41-6a-509
,
76-5-102.1
, or
76-5-207
, that an individual is an interdicted
person, the division:
(i)
may accept an application from the individual for an identification card that
includes an interdicted person identifier; and
(ii)
if the individual submits an application and qualifies for an identification card,
may provide an identification card with the interdicted person identifier.
(b)
(i)
An individual may voluntarily apply for an identification card that includes an
interdicted person identifier.
(ii)
An individual that voluntarily applies for an identification card with an
interdicted person identifier may not apply for another identification card without
the interdicted person identifier for at least 30 days after the application for the
identification card with the interdicted person identifier.
(c)
The division may not provide to an individual an identification card without the
interdicted person identifier during the time period the court has designated the
person as an interdicted person.
(d)
The division may charge an administrative fee as described in Subsection
53-3-105(40)
to an individual to process and provide an identification card with an
interdicted person identifier.
(e)
An individual who is designated as an interdicted person by a court is subject to the
identification card fee and other fees necessary to administer the identification card
with an interdicted person identifier.
(7)
As provided in Section
63G-2-302
, the information described in Subsection
(5)(a)
is a
private record for purposes of
Title 63G, Chapter 2, Government Records Access and
Management Act
.
(8)
(a)
The indication of intent under Subsection
53-3-804(2)(j)
shall be authenticated by
the applicant in accordance with division rule.
(b)
(i)
Notwithstanding
Title 63G, Chapter 2, Government Records Access and
Management Act
, the division may, upon request, release to an organ procurement
organization, as defined in Section
26B-8-301
, the names and addresses of all
individuals who under Subsection
53-3-804(2)(j)
indicate that they intend to make
an anatomical gift.
(ii)
An organ procurement organization may use released information only to:
(A)
obtain additional information for an anatomical gift registry; and
(B)
inform applicants of anatomical gift options, procedures, and benefits.
(9)
Notwithstanding
Title 63G, Chapter 2, Government Records Access and Management
Act
, the division may release to the Department of Veterans and Military Affairs the
names and addresses of all individuals who indicate their status as a veteran under
Subsection
53-3-804(2)(l)
.
(10)
The division and the division's employees are not liable, as a result of false or
inaccurate information provided under Subsection
53-3-804(2)(j)
or
(l)
, for direct or
indirect:
(a)
loss;
(b)
detriment; or
(c)
injury.
(11)
(a)
The division may issue a temporary regular identification card to an individual
while the individual obtains the required documentation to establish verification of
the information described in Subsections
53-3-804(2)(a)
,
(b)
,
(c)
,
(d)
, and
(i)(i)
.
(b)
A temporary regular identification card issued under this Subsection
(11)
shall be
recognized and grant the individual the same privileges as a regular identification
card.
(c)
A temporary regular identification card issued under this Subsection
(11)
is invalid:
(i)
when the individual's regular identification card has been issued;
(ii)
when, for good cause, an applicant's application for a regular identification card
has been refused; or
(iii)
upon expiration of the temporary regular identification card.
(d)
The division shall coordinate with

:
(i)
the Department of Corrections in providing an inmate with a temporary regular
identification card as described in Section
64-13-10.6
.
; and
(ii)
a county jail in providing a county inmate with a temporary regular identification
card as described in Section
17-72-411
.
Section 5. Section
64-13-6
is amended to read:
64-13-6
. Department duties.
(1)
The department shall:
(a)
protect the public through institutional care and confinement, and supervision in the
community of offenders where appropriate;
(b)
implement court-ordered punishment of offenders;
(c)
provide evidence-based and evidence-informed program opportunities for offenders
designed to reduce offenders' criminogenic and recidivism risks, including
behavioral, cognitive, educational, and career-readiness program opportunities;
(d)
ensure that offender participation in all program opportunities described in
Subsection
(1)(c)
is voluntary;
(e)
where appropriate, utilize offender volunteers as mentors in the program
opportunities described in Subsection
(1)(c)
;
(f)
provide treatment for sex offenders who are found to be treatable based upon criteria
developed by the department;
(g)
provide the results of ongoing clinical assessment of sex offenders and objective
diagnostic testing to sentencing and release authorities;
(h)
manage programs that take into account the needs and interests of victims, where
reasonable;
(i)
through the Division of Adult Probation and Parole created in Section
64-14-202
,
supervise probationers and parolees as directed by statute and implemented by the
courts and the Board of Pardons and Parole;
(j)
subject to Subsection
(2)
, investigate criminal conduct involving offenders
incarcerated in a state correctional facility;
(k)
cooperate and exchange information with other state, local, and federal law
enforcement agencies to achieve greater success in prevention and detection of crime
and apprehension of criminals;
(l)
implement the provisions of Title
77, Chapter 28c
, Interstate Compact for Adult
Offender Supervision;
(m)
establish a case action plan based on appropriate validated risk, needs, and
responsivity assessments for each offender as follows:
(i)
(A)
if an offender is to be supervised in the community, the department shall
establish a case action plan for the offender no later than 60 days after the day
on which the department's community supervision of the offender begins; and
(B)
if the offender is committed to the custody of the department, the department
shall establish a case action plan for the offender no later than 90 days after the
day on which the offender is committed to the custody of the department;
(ii)
each case action plan shall:
(A)
integrate an individualized, evidence-based, and evidence-informed treatment
and program plan with clearly defined completion requirements; and
(B)
require that a case manager will:
(I)
ensure that an assessment of the education level, occupational interests, and
aptitudes of the inmate has been completed;
(II)
refer the inmate to a higher education student advisor at an institution
offering programs consistent with the inmate's interests and aptitudes for
advisement on educational preferences and plans;
(III)
incorporate the inmate's interests, aptitudes, and student advisement into
an education plan consistent with the guidance provided by the Higher
Education and Corrections Council created in Section
53H-1-604
; and
(IV)
refer the inmate to the student advisor at the institution called for in the
case action plan for guidance and assistance with the education process;
(iii)
the department shall share each newly established case action plan with the
sentencing and release authority within 30 days after the day on which the case
action plan is established; and
(iv)
the department shall share any changes to a case action plan, including any
change in an offender's risk assessment, with the sentencing and release authority
within 30 days after the day of the change;
(n)
ensure that an inmate has reasonable access to legal research;
(o)
ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section
63G-22-102
, complies with Title
63G, Chapter 22
, State Training and Certification Requirements, if the training or
certification is required:
(i)
under this title;
(ii)
by the department; or
(iii)
by an agency or division within the department;
(p)
when reporting on statewide recidivism, include the metrics and requirements
described in Section
63M-7-102
;
(q)
create a reentry division that focuses on the successful reentry of inmates into the
community, which shall include:
(i)
screening and assessments for an inmate's risks and needs;
(ii)
individualized plans and case management;
(iii)
quality treatment, education, and job preparation;
(iv)
community partnerships; and
(v)
comprehensive release planning before the inmate's release, including:
(A)
coordination with support services;
(B)
information and resources for post-incarceration housing;
and
(B)
(C)
coordination with one or more family members or friends, if the inmate
has given permission to contact specific individuals for this purpose;
(r)
coordinate with the Board of Pardons and Parole regarding inmate records that are
necessary for the Board of Pardons and Parole to make necessary determinations
regarding an inmate;
and
(s)
ensure that inmate records regarding discipline, programs, and other relevant metrics
are:
(i)
complete and updated in a timely manner; and
(ii)
when applicable, shared with the Board of Pardons and Parole in a timely manner
.
; and
(t)
within 12 months after the day on which the department implements a digital
communications program for inmates, provide a secure digital portal that will
facilitate attorney-client communications and document exchanges between inmates
and attorneys.
(2)
In accordance with department policy, the department may conduct criminal
investigations regarding an allegation that:
(a)
an offender has committed a criminal offense; or
(b)
an employee of the department has committed a criminal offense.
(3)
(a)
The executive director of the department, or the executive director's designee if
the designee possesses expertise in correctional programming, shall consult at least
annually with cognitive and career-readiness staff experts from the Utah system of
higher education and the State Board of Education to review the department's
evidence-based and evidence-informed treatment and program opportunities.
(b)
Beginning in the 2022 interim, the department shall provide an annual report to the
Law Enforcement and Criminal Justice Interim Committee regarding:
(i)
the department's implementation of and offender participation in evidence-based
and evidence-informed treatment and program opportunities designed to reduce
the criminogenic and recidivism risks of offenders over time; and
(ii)
the progress of the department's implementation of the inmate program
requirements described in Section
64-13-50
.
(4)
(a)
As used in this Subsection
(4)
:
(i)
"Accounts receivable" means any amount owed by an offender arising from a
criminal judgment that has not been paid.
(ii)
"Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
surcharges, costs, interest, penalties, restitution to victims, third-party claims,
claims, reimbursement of a reward, and damages that an offender is ordered to
pay.
(b)
The department shall collect and disburse, with any interest and any other costs
assessed under Section
64-14-204
, an accounts receivable for an offender during:
(i)
the parole period and any extension of that period in accordance with Subsection
(4)(c)
; and
(ii)
the probation period for which the court orders supervised probation and any
extension of that period by the department in accordance with Subsection
77-18-105(7)
.
(c)
(i)
If an offender has an unpaid balance of the offender's accounts receivable at the
time that the offender's sentence expires or terminates, the department shall be
referred to the sentencing court for the sentencing court to enter a civil judgment
of restitution and a civil accounts receivable as described in Section
77-18-114
.
(ii)
If the board makes an order for restitution within 60 days from the day on which
the offender's sentence expires or terminates, the board shall refer the order for
restitution to the sentencing court to be entered as a civil judgment of restitution as
described in Section
77-18-114
.
(d)
This Subsection
(4)
only applies to offenders sentenced before July 1, 2021.
(5)
(a)
The department may procure or adopt technology services to facilitate the
coordination of services and enhance accountability with agencies, local partners, and
community-based organizations that are involved with assisting individuals on
probation or parole.
(b)
If possible, the technology services described in Subsection
(5)(a)
shall:
(i)
maintain a single, secure client record with a unique identifier to ensure seamless
coordination and reduce duplication of services;
(ii)
notify authorized users of incoming service requests or referrals;
(iii)
provide secure access to information necessary to understanding and addressing
the needs of an individual, including the individual's service and care history;
(iv)
allow authorized users to exchange information with referring or collaborating
organizations through a secure and live chat feature; and
(v)
send and track individual referrals, store referral outcomes, and document
services provided.
Section 6. Section
64-13-10.6
is amended to read:
64-13-10.6
. Transition and reentry of an inmate at termination of incarceration.
(1)
The department shall evaluate the case action plan and update the case action plan as
necessary to prepare for the offender's transition from incarceration to release, including:
(a)
establishing the supervision level and program needs, based on the offender's
criminal risk factors;
(b)
identifying barriers to the offender's ability to obtain housing, food, clothing, and
transportation;
(c)
identifying community-based treatment resources that are reasonably accessible to
the offender;
(d)
identifying and providing resources for post-incarceration housing;
(d)
(e)
establishing the initial supervision procedures and strategy for the offender's
parole officer; and
(e)
(f)
ensuring that the offender has access to the web portal described in Section
35A-2-204
a minimum of 30 days before the offender's anticipated release date.
(2)
The department shall notify the Board of Pardons and Parole not fewer than 30 days
prior to
before
an offender's release of:
(a)
the offender's case action plan; and
(b)
any specific conditions of parole necessary to better facilitate transition to the
community.
(3)
(a)
At least six months before the projected date of an inmate's release from
incarceration, if practicable, the department shall follow the procedures described in
Section
64-13-10.4
.
(b)
If the department is notified of the inmate's release and the remaining term of
incarceration is for less than six months, the department shall follow the procedures
described in Section
64-13-10.4
as soon as practicable after the department receives
notification of the inmate's release date.
(4)
If the inmate's term of incarceration is for longer than six months, the department shall
follow procedures described in Section
64-13-10.4
:
(a)
approximately six months before the date of the inmate's anticipated release, if the
inmate's term of incarceration is for longer than six months; or
(b)
as soon as possible, upon notification of the inmate's release, if the release is in
shorter
less
than six months.
(5)
(a)
If an inmate accepts assistance in obtaining a current state-issued identification
card or driver license, as described in Subsection
64-13-10.4(4)
, the department shall
coordinate with the Driver License Division to:
(i)
(A)
obtain a duplicate of the inmate's state-issued driver license, as described in
Section
53-3-215
; or
(B)
renew the inmate's state-issued driver license, if the inmate meets the criteria
listed in Section
53-3-214
; or
(ii)
(A)
extend the inmate's state-issued regular identification card, as described in
Section
53-3-807
; or
(B)
issue the inmate a temporary regular identification card as described in
Subsection
53-3-805(10)
53-3-805(11)
, unless the inmate will live outside this
state immediately upon release.
(b)
(i)
Subject to Subsection
(5)(b)(ii)
, the department shall ensure that within the last
seven days of the inmate's incarceration, the inmate meets with the Driver License
Division to be issued a duplicate driver license, a renewed driver license, an
extended regular identification card, or a temporary regular identification card, as
described in Subsection
(5)(a)
.
(ii)
If an inmate is released from a facility other than a state correctional facility, the
department shall coordinate with that correctional facility and the Driver License
Division in assisting the inmate in meeting with the Driver License Division.
(c)
Before the inmate meets with the Driver License Division, as described in Subsection
(5)(b)(i)
, the department shall ensure that the inmate is provided all required
documentation and information the department possesses for the inmate to obtain a
document listed in Subsection
(5)(a)
, including:
(i)
all personal identification documentation; and
(ii)
a voucher for payment toward any one of the documents listed in Subsection
(5)(a)
, up to the cost of
a temporary regular identification card described in
Subsection
53-3-805(10)
an original class D license application under Section
53-3-205
.
(6)
(a)
Subsections
(4)
and
(5)
do not apply to an inmate that is not:
(i)
a citizen of the United States; or
(ii)
a lawful resident of the United States and has legal authorization to work in the
United States.
(b)
An inmate described in Subsection
(6)(a)
may be subject to the department's
notification requirements under Section
64-13-10.7
.
Section 7. Section
64-13-45
is amended to read:
64-13-45
. Department reporting requirements.
(1)
As used in this section:
(a)
"Biological sex at birth" means the same as that term is defined in Section
26B-8-101
.
(b)
(i)
"In-custody death" means an inmate death that occurs while the inmate is in the
custody of the department.
(ii)
"In-custody death" includes an inmate death that occurs while the inmate is:
(A)
being transported for medical care; or
(B)
receiving medical care outside of a correctional facility, other than a county
jail.
(c)
"Inmate" means an individual who is processed or booked into custody or housed in
the department or a correctional facility other than a county jail.
(d)
"Opiate" means the same as that term is defined in Section
58-37-2
.
(e)
"Transgender inmate" means the same as that term is defined in Section
64-13-7
.
(2)
The department shall submit a report to the Commission on Criminal and Juvenile
Justice created in Section
63M-7-201
before June 15 of each year that includes:
(a)
the number of in-custody deaths that occurred during the preceding calendar year,
including:
(i)
the known, or discoverable on reasonable inquiry, causes and contributing factors
of each of the in-custody deaths described in Subsection
(2)(a)
; and
(ii)
the department's policy for notifying an inmate's next of kin after the inmate's
in-custody death;
(b)
the department policies, procedures, and protocols:
(i)
for treatment of an inmate experiencing withdrawal from alcohol or substance use,
including use of opiates;
(ii)
that relate to the department's provision, or lack of provision, of medications used
to treat, mitigate, or address an inmate's symptoms of withdrawal, including
methadone and all forms of buprenorphine and naltrexone; and
(iii)
that relate to screening, assessment, and treatment of an inmate for a substance
use disorder or mental health disorder;
(c)
the number of inmates who gave birth and were restrained in accordance with
Section
64-13-46
, including:
(i)
the types of restraints used; and
(ii)
whether the use of restraints was to prevent escape or to ensure the safety of the
inmate, medical or corrections staff, or the public;
(d)
the number of transgender inmates that are assigned to a living area with inmates
whose biological sex at birth do not correspond with the transgender inmate's
biological sex at birth in accordance with Section
64-13-7
, including:
(i)
the results of the individualized security analysis conducted for each transgender
inmate in accordance with Subsection
64-13-7(5)(a)
; and
(ii)
a detailed explanation regarding how the security conditions described in
Subsection
64-13-7(5)(b)
are met for each transgender inmate;
(e)
the number of transgender inmates that were:
(i)
assigned to a living area with inmates whose biological sex at birth do not
correspond with the transgender inmate's biological sex at birth; and
(ii)
removed and assigned to a living area with inmates whose biological sex at birth
corresponds with the transgender inmate's biological sex at birth in accordance
with Subsection
64-13-7(6)
;
and
(f)
any report the department provides or is required to provide under federal law or
regulation relating to inmate deaths
.
; and
(g)
data on financial condition incentives and incentives that may reduce sentence length
that are offered to inmates, including:
(i)
the types of incentives that currently exist; and
(ii)
for each type of incentive described in Subsection
(2)(g)(i)
:
(A)
the number of inmates who have used each type during the previous calendar
year;
(B)
the number of incentives the department issued during the previous calendar
year; and
(C)
the methods by which the department provided information regarding each
type of incentive during the previous calendar year.
(3)
The Commission on Criminal and Juvenile Justice shall:
(a)
compile the information from the reports described in Subsection
(2)
;
(b)
omit or redact any identifying information of an inmate in the compilation to the
extent omission or redaction is necessary to comply with state and federal law

; and
(c)
submit the compilation to the Law Enforcement and Criminal Justice Interim
Committee and the Utah Substance Use and Mental Health Advisory Committee
before November 1 of each year.
(4)
The Commission on Criminal and Juvenile Justice may not provide access to or use the
department's policies, procedures, or protocols submitted under this section in a manner
or for a purpose not described in this section.
Section 8. Section
64-14-203
is amended to read:
64-14-203
. Duties of division.
(1)
The division shall:
(a)
assist the department in fulfilling the department's duty to supervise, as described in
Subsection
64-13-6(1)(i)
, probationers and parolees as directed by statute and
implemented by the courts and the Board of Pardons and Parole;
(b)
comply with the requirements described in this part;
(c)
supply the information described in Section
53-10-209
that is required to be
submitted to the Criminal Investigations and Technical Services Division created in
Subsection
53-10-103(2)
;
(d)
comply with the use of funds requirement for outpatient treatment services for those
convicted of an offense under Title 76, Chapter 5, Part 4, Sexual Offenses, as
described in Subsection
59-27-105(4)(c)
;
(e)
monitor the status of an offender with a mental condition who has been placed on
parole as described in Subsection
77-16a-205(4)
;
(f)
comply with the requirements described in Title 77, Chapter 18, The Judgment;
(g)
in accordance with the adult sentencing and supervision length guidelines described
in Section
63M-7-404.3
, notify the Board of Pardons and Parole of parole violations;
(h)
for an individual who is on probation for a domestic violence offense that the
division is supervising, report to the court and notify the victim of the domestic
violence offense if the individual fails to comply with any condition imposed by the
court or commits a violation of a sentencing protective order as required by
Subsection
77-36-5.1(4)
;
(i)
comply with the notice requirement to a prosecuting agency described in Subsection
77-38-3(6)
if the division is the moving party on a motion for modification of any
determination made at any of the criminal justice hearings provided in Subsections
77-38-2(5)(a)
through (g);
(j)
collect restitution information in preparing a presentence investigation report as
described in Section
77-38b-203
;
(k)
for an individual under supervision by the division who violates a sentencing
protective order issued under Title 78B, Chapter 7, Part 8, Criminal Protective
Orders, report the violation to the court and notify the victim protected by the order
of the violation as required by Section
78B-7-807
;
and
(l)
track and report annually, on or before August 31, to the State Commission on
Criminal and Juvenile Justice, the following housing data as of July 1 of each year
for individuals who are currently under parole supervision:
(i)
the number of individuals who are living in a residential treatment center;
(ii)
the number of individuals who report not having any residence;
(iii)
the number of individuals who are living in a homeless shelter;
(iv)
the number of individuals who are living in a private residence; and
(v)
the number of individuals for whom the division does not have current housing
information; and
(l)
(m)
comply with any other requirement established by applicable statute or
regulation or a directive from the executive director.
(2)
The division may, in the course of supervising individuals on probation and parole:
(a)
respond to an individual's violation of one or more terms of the probation or parole in
accordance with the graduated and evidence-based processes established by the adult
sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
; and
(b)
upon approval by the court or the Board of Pardons and Parole, impose as a sanction
for an individual's violation of the terms of probation or parole a period of
incarceration of not more than three consecutive days and not more than a total of six
days within a period of 30 days.
Section 9. Section
77-18-105
is amended to read:
77-18-105
. Pleas held in abeyance -- Suspension of a sentence -- Probation --
Supervision -- Terms and conditions of probation -- Time periods for probation -- Bench
supervision for payments on criminal accounts receivable.
(1)
If a defendant enters a plea of guilty or no contest in conjunction with a plea in
abeyance agreement, the court may hold the plea in abeyance:
(a)
in accordance with Chapter 2a, Pleas in Abeyance; and
(b)
under the terms of the plea in abeyance agreement.
(2)
If a defendant is convicted, the court:
(a)
shall impose a sentence in accordance with Section
76-3-201
; and
(b)
subject to Subsection
(5)
, may suspend the execution of the sentence and place the
defendant:
(i)
on probation under the supervision of the division;
(ii)
on probation under the supervision of an agency of a local government or a
private organization; or
(iii)
on court probation under the jurisdiction of the sentencing court.
(3)
(a)
The legal custody of all probationers under the supervision of the division is with
the department.
(b)
The legal custody of all probationers under the jurisdiction of the sentencing court is
vested as ordered by the court.
(c)
The court has continuing jurisdiction over all probationers.
(4)
(a)
Court probation may include an administrative level of services, including
notification to the sentencing court of scheduled periodic reviews of the probationer's
compliance with conditions.
(b)
Supervised probation services provided by the division, an agency of a local
government, or a private organization shall specifically address the defendant's risk
of reoffending as identified by a screening or an assessment.
(c)
If a court orders supervised probation and determines that a public probation
provider is unavailable or inappropriate to supervise the defendant, the court shall
make available to the defendant the list of private probation providers prepared by a
criminal justice coordinating council under Section
17E-2-201
.
(5)
(a)
Before ordering supervised probation, the court shall consider the supervision
costs to the defendant for each entity that can supervise the defendant.
(b)
(i)
A court may order an agency of a local government to supervise the probation
for an individual convicted of any crime if:
(A)
the agency has the capacity to supervise the individual; and
(B)
the individual's supervision needs will be met by the agency.
(ii)
A court may only order:
(A)
the division to supervise the probation for an individual convicted of a class A
misdemeanor or any felony; or
(B)
a private organization to supervise the probation for an individual convicted of
a class A, B, or C misdemeanor or an infraction.
(c)
A court may not order a specific private organization to supervise an individual
unless there is only one private organization that can provide the specific supervision
services required to meet the individual's supervision needs.
(6)
(a)
If a defendant is placed on probation, the court may order the defendant as a
condition of the defendant's probation:
(i)
to provide for the support of persons for whose support the defendant is legally
liable;
(ii)
to participate in available treatment programs, including any treatment program in
which the defendant is currently participating if the program is acceptable to the
court;
(iii)
be voluntarily admitted to the custody of the Division of Substance Use and
Mental Health for treatment at the Utah State Hospital in accordance with Section
77-18-106
;
(iv)
if the defendant is on probation for a felony offense, to serve a period of time as
an initial condition of probation that does not exceed one year in a county jail
designated by the department, after considering any recommendation by the court
as to which jail the court finds most appropriate;
(v)
to serve a term of home confinement in accordance with Section
77-18-107
;
(vi)
to participate in compensatory service programs, including the compensatory
service program described in Section
76-3-410
;
(vii)
to pay for the costs of investigation, probation, or treatment services;
(viii)
to pay restitution to a victim with interest in accordance with Chapter 38b,
Crime Victims Restitution Act; or
(ix)
to comply with other terms and conditions the court considers appropriate to
ensure public safety or increase a defendant's likelihood of success on probation.
(b)
If a defendant is placed on probation and a condition of the defendant's probation is
routine or random drug testing, the defendant shall sign a waiver
consistent with the
Health Insurance Portability and Accountability Act, 42 U.S.C. Sec. 1320d et seq.,
allowing
, in compliance with federal health information disclosure laws, that allows

the treatment provider conducting the drug testing to
notify the defendant's
supervising probation officer regarding
share
the results of the defendant's drug
testing
with:
(i)
the defendant's supervising probation officer; and
(ii)
treatment staff employed by or working under a contract with the department
.
(c)
(i)
Notwithstanding Subsection
(6)(a)(iv)
, the court may modify the probation of a
defendant to include a period of time that is served in a county jail immediately
before the termination of probation as long as that period of time does not exceed
one year.
(ii)
If a defendant is ordered to serve time in a county jail as a sanction for a
probation violation, the one-year limitation described in Subsection
(6)(a)(iv)
or
(6)(c)(i)
does not apply to the period of time that the court orders the defendant to
serve in a county jail under this Subsection
(6)(c)(ii)
.
(7)
(a)
Except as provided in Subsection
(7)(b)
, probation of an individual placed on
probation after December 31, 2018:
(i)
may not exceed the individual's maximum sentence;
(ii)
shall be for a period of time that is in accordance with the adult sentencing and
supervision length guidelines, as defined in Section
63M-7-401.1
, to the extent the
guidelines are consistent with the requirements of the law; and
(iii)
shall be terminated in accordance with the adult sentencing and supervision
length guidelines, as defined in Section
63M-7-401.1
, to the extent the guidelines
are consistent with the requirements of the law.
(b)
Probation of an individual placed on probation after December 31, 2018, whose
maximum sentence is one year or less, may not exceed 36 months.
(c)
Probation of an individual placed on probation on or after October 1, 2015, but
before January 1, 2019, may be terminated at any time at the discretion of the court
or upon completion without violation of 36 months probation in felony or class A
misdemeanor cases, 12 months in cases of class B or C misdemeanors or infractions,
or as allowed in accordance with Section
64-13-21
regarding earned credits.
(d)
This Subsection
(7)
does not apply to the probation of an individual convicted of an
offense for criminal nonsupport under Section
76-7-201
.
(8)
(a)
Notwithstanding Subsection
(7)
, if there is an unpaid balance of the criminal
accounts receivable for the defendant upon termination of the probation period for
the defendant under Subsection
(7)
, the court may require the defendant to continue
to make payments towards the criminal accounts receivable in accordance with the
payment schedule established by the court under Section
77-32b-103
.
(b)
A court may not require the defendant to make payments as described in Subsection
(8)(a)
beyond the expiration of the defendant's sentence.
(c)
If the court requires a defendant to continue to pay in accordance with the payment
schedule for the criminal accounts receivable under this Subsection
(8)
and the
defendant defaults on the criminal accounts receivable, the court shall proceed with
an order for a civil judgment of restitution and a civil accounts receivable for the
defendant as described in Section
77-18-114
.
(d)
(i)
Upon a motion from the prosecuting attorney, the victim, or upon the court's
own motion, the court may require a defendant to show cause as to why the
defendant's failure to pay in accordance with the payment schedule should not be
treated as contempt of court.
(ii)
A court may hold a defendant in contempt for failure to make payments for a
criminal accounts receivable in accordance with Title
78B, Chapter 6, Part 3
,
Contempt.
(e)
This Subsection
(8)
does not apply to the probation of an individual convicted of an
offense for criminal nonsupport under Section
76-7-201
.
(9)
When making any decision regarding probation:
(a)
the court shall consider information provided by the Department of Corrections
regarding a defendant's individual case action plan, including any progress the
defendant has made in satisfying the case action plan's completion requirements; and
(b)
the court may not rely solely on an algorithm or a risk assessment tool score.
Section 10. Section
77-27-10
is amended to read:
77-27-10
. Conditions of parole -- Inmate agreement to warrant -- Rulemaking --
Intensive early release parole program.
(1)
(a)
When the Board of Pardons and Parole releases an offender on parole, it shall, in
accordance with Section
64-14-204
, issue to the parolee a certificate setting forth the
conditions of parole, including the graduated and evidence-based responses to a
violation of a condition of parole established in the adult sentencing and supervision
length guidelines, as defined in Section
63M-7-401.1
, which the offender shall accept
and agree to as evidenced by the offender's signature affixed to the agreement.
(b)
The parole agreement shall require that the inmate agree in writing that the board
may issue a warrant and conduct a parole revocation hearing if:
(i)
the board determines after the grant of parole that the inmate willfully provided to
the board false or inaccurate information that the board finds was significant in the
board's determination to grant parole; or
(ii)
(A)
the inmate has engaged in criminal conduct prior to the granting of parole;
and
(B)
the board did not have information regarding the conduct at the time parole
was granted.
(c)
(i)
A copy of the agreement shall be delivered to the Department of Corrections
and a copy shall be given to the parolee.
(ii)
The original agreement shall remain with the board's file.
(2)
(a)
If an offender convicted of violating or attempting to violate Section
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
,
76-5-404
,
76-5-404.1
,
76-5-404.3
, or
76-5-405
, is released on parole, the board shall
order outpatient mental health counseling and treatment as a condition of parole.
(b)
The board shall develop standards and conditions of parole under this Subsection
(2)

in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c)
This Subsection
(2)
does not apply to intensive early release parole.
(3)
(a)
(i)
In addition to the conditions set out in Subsection
(1)
, the board may place
offenders in an intensive early release parole program.
(ii)
The board shall determine the conditions of parole which are reasonably
necessary to protect the community as well as to protect the interests of the
offender and to assist the offender to lead a law-abiding life.
(b)
The offender is eligible for this program only if the offender:
(i)
has not been convicted of a sexual offense; or
(ii)
has not been sentenced
pursuant to
in accordance with
Section
76-3-406
.
(c)
The department shall:
(i)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, for operation of the program;
(ii)
adopt and implement internal management policies for operation of the program;
(iii)
determine whether
or not
to refer an offender into this program within 120 days
from the date the offender is committed to prison by the sentencing court; and
(iv)
make the final recommendation to the board regarding the placement of an
offender into the program.
(d)
The department may not consider credit for time served in a county jail awaiting trial
or sentencing when calculating the 120-day period.
(e)
The prosecuting attorney or sentencing court may refer an offender for consideration
by the department for participation in the program.
(f)
The board shall determine whether
or not
to place an offender into this program
within 30 days of receiving the department's recommendation.
(4)
This program shall be implemented by the department within the existing budget.
(5)
In addition to the conditions of parole described in this section, and if a condition of the
offender's parole is routine or random drug testing, the board shall order the offender to
sign a waiver
consistent with the Health Insurance Portability and Accountability Act,
42 U.S.C. Sec. 1320d et seq., allowing
, in compliance with federal health information
disclosure laws, that allows
the treatment provider conducting the drug testing to
notify
the offender's supervising parole officer regarding
share
the results of the offender's
drug testing
with:
(a)
the defendant's supervising parole officer; and
(b)
treatment staff employed by or working under a contract with the department
.
(6)
During the time the offender is on parole, the department shall collect from the offender
the monthly supervision fee authorized by Section
64-14-204
.
(7)
When a parolee commits a violation of the parole agreement, the department may:
(a)
respond in accordance with the graduated and evidence-based responses established
in accordance with Section
64-14-204
; or
(b)
when the graduated and evidence-based responses established in accordance with
Section
64-14-204
indicate, refer the parolee to the Board of Pardons and Parole for
revocation of parole.
Section 11.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-6-26 11:35 AM