Sentencing Amendments

17
63M-7-401.1
63M-7-401.2
63M-7-404.3
63M-7-406
76-3-201
1
Sentencing Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike Schultz
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill amends statutory provisions related to sentencing.
Highlighted Provisions:
This bill:
modifies the membership of the Sentencing Commission;
requires the Sentencing Commission to give consideration to certain objectives when
determining a recommended sentence or supervision length for the adult sentencing and
supervision length guidelines;
requires the Sentencing Commission, before
November 1, 2026, to revise and review the
adult sentencing and supervision length guidelines for certain offenses;
modifies the authorization process for the adult sentencing and supervision length
guidelines and juvenile disposition guidelines;
addresses the factors and information that a sentencing court is required to consider when
sentencing an individual; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63M-7-401.1
, as enacted by Laws of Utah 2024, Chapter 208
63M-7-401.2
, as last amended by Laws of Utah 2021, Chapter 173
63M-7-404.3
, as last amended by Laws of Utah 2025, Chapter 214
63M-7-406
, as last amended by Laws of Utah 2024, Chapter 208
76-3-201
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
63M-7-401.1
is amended to read:
63M-7-401.1
. Definitions for part.
As used in this part:
(1)
"Adjudication" means an adjudication, as that term is defined in Section
80-1-102
, of an
offense under Section
80-6-701
.
(2)
"Adult sentencing and supervision length guidelines" means the guidelines established
in Section
63M-7-404.3
.
(3)
"Civil disability" means a legal right or privilege that is revoked as a result of the
individual's conviction or adjudication.
(4)
"Collateral consequence" means:
(a)
a discretionary disqualification; or
(b)
a mandatory sanction.
(5)
"Conviction" means the same as that term is defined in Section
77-38b-102
.
(6)
"Disadvantage" means any legal or regulatory restriction that:
(a)
is imposed on an individual as a result of the individual's conviction or adjudication;
and
(b)
is not a civil disability or a legal penalty.
(7)
"Discretionary disqualification" means a penalty, a civil disability, or a disadvantage
that a court in a civil proceeding, or a federal, state, or local government agency or
official, may impose on an individual as a result of the individual's adjudication or
conviction for an offense regardless of whether the penalty, the civil disability, or the
disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage.
(8)
"Juvenile" means a minor as that term is defined in Section
80-1-102
.
(9)
"Juvenile disposition guidelines" means the guidelines established in Section
63M-7-404.5
.
(10)
"Mandatory sanction" means a penalty, a civil disability, or a disadvantage that:
(a)
is imposed on an individual as a result of the individual's adjudication or conviction
for an offense regardless of whether the penalty, the civil disability, or the
disadvantage is specifically designated as a penalty, a civil disability, or a
disadvantage; and
(b)
is not included in the judgment for the adjudication or conviction.
(11)
"Master offense list" means a document that contains all offenses that exist in statute
and each offense's associated penalty.
(12)
"Offense" means a felony, a misdemeanor, an infraction, or an adjudication under the
laws of this state, another state, or the United States.
(13)
"Penalty" means an administrative, civil, or criminal sanction imposed to punish the
individual for the individual's conviction or adjudication.
(14)
"Rural county" means a county in this state other than Davis County, Salt Lake
County, or Utah County.
(14)
(15)
"Sentencing commission" means the sentencing commission created in Section
63M-7-401.2
.
Section 2. Section
63M-7-401.2
is amended to read:
63M-7-401.2
. Creation -- Members -- Appointment -- Qualifications.
(1)
There is created the sentencing commission, within the commission, that is composed of
15
17
voting members.
(2)
The sentencing commission shall:
(a)
develop by-laws and rules in compliance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; and
(b)
elect the sentencing commission's officers.
(3)
The sentencing commission's members
shall be
are
:
(a)
the executive director of the Department of Corrections or the executive director's
designee;
(b)
the director of the

Division of Juvenile Justice and Youth Services or the director's
designee;
(c)
the executive director of the commission or the executive director's designee;
(d)
the chair of the Board of Pardons and Parole or the chair's designee;
(e)
the state court administrator or the state court administrator's designee;
(f)
a criminal defense attorney, appointed by the Utah Association of Criminal Defense
Lawyers;
(g)
an indigent defense attorney, appointed by the Indigent Defense Commission;
(f)
three criminal defense attorneys, appointed by the Utah Association of Criminal
Defense Lawyers, with at least one being a criminal defense attorney in a rural
county;
(h)
(g)
the attorney general or the attorney general's designee;
(h)
three criminal prosecutors, appointed by the Statewide Association of Public
Attorneys and Prosecutors, with at least one being a criminal prosecutor in a rural
county;
(i)
a criminal prosecutor, appointed by the Statewide Association of Public Attorneys
and Prosecutors;
(j)
a representative of the Utah Sheriff's Association appointed by the governor
(i)
two representatives of the Utah Sheriffs Association, appointed by the Utah Sheriffs
Association, with at least one being a representative of a sheriff from a rural county
;
(j)
one representative of the Utah Chiefs of Police Association, appointed by the Utah
Chiefs of Police Association;
(k)
a licensed professional
an individual
, appointed by the governor, who assists in the
rehabilitation of individuals convicted of an offense;
and
(l)
the chair of the Utah Victim Services Commission or a member of the Utah Victim
Services Commission designated by the chair
;
.
(m)
the chair of the Juvenile Justice Oversight Committee or a member of the Juvenile
Justice Oversight Committee designated by the chair;
(n)
a juvenile prosecuting attorney, appointed by the Statewide Association of Public
Attorneys and Prosecutors; and
(o)
a juvenile defense attorney, appointed by the Utah Association of Criminal Defense
Lawyers.
(4)
In addition to the members described in Subsection
(3)
, the following may serve as
non-voting members:
(a)
a district court judge appointed by the Judicial Council;
and
(b)
a juvenile court judge appointed by the Judicial Council
.
; and
(c)
the chair of the Juvenile Justice Oversight Committee or a member of the Juvenile
Justice Oversight Committee designated by the chair.
(5)
The executive director of the commission shall hire a director of the sentencing
commission to administer and manage the sentencing commission.
Section 3. Section
63M-7-404.3
is amended to read:
63M-7-404.3
. Adult sentencing and supervision length guidelines.
(1)
The
Subject to Subsection
(2)
, the
sentencing commission shall establish and maintain
adult sentencing and supervision length guidelines regarding:
(a)
the sentencing and release of offenders in order to:
(i)
accept public comment;
(ii)
relate sentencing practices and correctional resources;
(iii)
increase
equity
consistency
in sentencing;
(iv)
better define responsibility in sentencing; and
(v)
enhance the discretion of the sentencing court while preserving the role of the
Board of Pardons and Parole;
(b)
the length of supervision of offenders on probation or parole in order to:
(i)
accept public comment;
(ii)
increase
equity
consistency
in criminal supervision lengths;
(iii)
relate the length of supervision to an offender's progress;
(iv)
take into account an offender's risk of offending again;
(v)
relate the length of supervision to the amount of time an offender has remained
under supervision in the community; and
(vi)
enhance the discretion of the sentencing court while preserving the role of the
Board of Pardons and Parole; and
(c)
appropriate, evidence-based probation and parole supervision policies and services
that assist offenders in successfully completing supervision and reduce incarceration
rates from community supervision programs while ensuring public safety, including:
(i)
treatment and intervention completion determinations based on individualized
case action plans;
(ii)
measured and consistent processes for addressing violations of conditions of
supervision;
(iii)
processes that include using positive reinforcement to recognize an offender's
progress in supervision;
(iv)
engaging with social services agencies and other stakeholders who provide
services that meet the needs of an offender; and
(v)
identifying community violations that may not warrant revocation of probation or
parole.
(2)
(a)
Before July 1, 2024, the sentencing commission shall revise and review the adult
sentencing and supervision length guidelines to reflect appropriate penalties for the
following offenses:
(i)
an interlock restricted driver operating a vehicle without an ignition interlock
system, Section
41-6a-518.2
;
(ii)
negligently operating a vehicle resulting in injury, Section
76-5-102.1
; and
(iii)
negligently operating a vehicle resulting in death, Section
76-5-207
.
(b)
The guidelines under Subsection (2)(a) shall consider the following:
(i)
the current sentencing requirements for driving under the influence of alcohol,
drugs, or a combination of both as identified in Section
41-6a-505
when injury or
death do not result;
(ii)
the degree of injury and the number of victims suffering injury or death as a
result of the offense;
(iii)
the offender's number of previous convictions for driving under the influence
related offenses as defined in Subsection
41-6a-501(2)(a)
; and
(iv)
whether the offense amounts to extreme DUI, as that term is defined in Section
41-6a-501
.
(3)
On or before October 31, 2024, the sentencing commission shall review and revise the
supervision tools in the adult sentencing and supervision length guidelines to:
(a)
recommend appropriate sanctions for an individual who violates probation or parole
by:
(i)
committing a felony offense, a misdemeanor offense described in Title 76,
Chapter 5, Offenses Against the Individual, or a misdemeanor offense for driving
under the influence described in Section
41-6a-502
;
(ii)
possessing a dangerous weapon; or
(iii)
willfully refusing to participate in treatment ordered by the court or the Board of
Pardons and Parole; and
(b)
recommend appropriate incentives for an individual on probation or parole that:
(i)
completes all conditions of probation or parole; or
(ii)
maintains eligible employment as defined in Section
64-14-301
.
(2)
When determining a recommended sentence or supervision length for the adult
sentencing and supervision length guidelines described in Subsection
(1)
, the sentencing
commission shall give:
(a)
primary consideration to the protection of society; and
(b)
secondary consideration to:
(i)
the possibility of risk reduction through rehabilitation;
(ii)
prevention of future harm;
(iii)
deterrence of the individual and the public generally from committing the
offense;
(iv)
punishment or retribution for committing the offense; and
(v)
the impact on any victim of the offense.
(3)
Before November 1, 2026, the sentencing commission shall review and revise the adult
sentencing and supervision length guidelines, including the scoring factors, to reflect the
appropriate penalties for:
(a)
a felony offense described in Title 76, Chapter 5, Part 1, Assault and Related
Offenses, Part 2, Criminal Homicide, and Part 3, Kidnapping, Trafficking, and
Smuggling, when the felony offense is committed against an individual who is 18
years old or older;
(b)
an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, Title 76,
Chapter 5b, Sexual Exploitation Act, Title 76, Chapter 5c, Pornographic and Harmful
Materials and Performances, and Title 76, Chapter 5d, Prostitution, and Section
76-7-102
; and
(c)
any other offense as determined appropriate by the sentencing commission.
(4)
The sentencing commission shall establish guidelines in the adult sentencing and
supervision length guidelines that recommend an enhanced sentence that a court or the
Board of Pardons and Parole should consider when determining the period in which a
habitual offender, as defined in Section
77-18-102
, will be incarcerated.
(5)
The sentencing commission shall modify:
(a)
the adult sentencing and supervision length guidelines to reduce recidivism for the
purposes of protecting the public and ensuring efficient use of state funds; and
(b)
the criminal history score in the adult sentencing and supervision length guidelines to
reduce recidivism, including factors in an offender's criminal history that are relevant
to the accurate determination of an individual's risk of offending again.
Section 4. Section
63M-7-406
is amended to read:
63M-7-406
. Reports -- Legislative approval -- Publication of reports.
(1)
(a)
On or before October 31 of each year, the
sentencing
commission shall submit the
sentencing and supervision length guidelines and juvenile disposition guidelines
created in accordance with Sections
63M-7-404.3
and
63M-7-404.5
to the Law
Enforcement and Criminal Justice Interim Committee and the Judiciary Interim
Committee for review, including any legislative recommendations.
(b)
Beginning January 1, 2025
Except as provided in Subsection
(1)(c)
, the Legislature
shall annually authorize, by passing a concurrent resolution, the sentencing and
supervision length guidelines and the juvenile disposition guidelines submitted in
accordance with Subsection
(1)(a)
.
(c)
The Legislature may, by passing a concurrent resolution, authorize sentencing and
supervision length guidelines and juvenile disposition guidelines that the sentencing
commission submits after the deadline described in Subsection
(1)(a)
.
(d)
Sentencing and supervision length guidelines and juvenile disposition guidelines
authorized by the Legislature take effect on the date described in the concurrent
resolution.
(c)
The existing sentencing and supervision length guidelines and juvenile disposition
guidelines that were approved in accordance with Subsection (1)(b) shall remain in
effect until the day on which the Legislature reauthorizes the sentencing and
supervision length guidelines and juvenile disposition guidelines as described in
Subsection (1)(b).
(2)
The sentencing commission shall also be authorized to prepare, publish, and distribute
from time to time reports of studies, recommendations, and statements from the
sentencing commission.
Section 5. Section
76-3-201
is amended to read:
76-3-201
. Sentences or combination of sentences allowed -- Restitution and other
costs -- Civil penalties.
(1)
As used in this section:
(a)
(i)
"Convicted" means:
(A)
having entered a plea of guilty, a plea of no contest, or a plea of guilty with a
mental condition; or
(B)
having received a judgment of guilty or a judgment of guilty with a mental
condition.
(ii)
"Convicted" does not include an adjudication of an offense under Section
80-6-701
.
(b)
"Restitution" means the same as that term is defined in Section
77-38b-102
.
(2)
(a)
Within the limits provided by this chapter, a court may sentence an individual
convicted of an offense to any one of the following sentences, or combination of the
following sentences:
(a)
(i)
to pay a fine;
(b)
(ii)
to removal or disqualification from public or private office;
(c)
(iii)
except as otherwise provided by law, to probation in accordance with
Section
77-18-105
;
(d)
(iv)
in accordance with Subsection
77-18-111(4)
, to imprisonment;
(e)
(v)
on or after April 27, 1992, to life in prison without parole; or
(f)
(vi)
to death.
(b)
In determining the appropriate sentence for an individual convicted of an offense, the
court shall consider:
(i)
the nature and circumstances of the offense, including the nature and gravity of the
harm caused by the individual's criminal conduct;
(ii)
the history and characteristics of the individual, including the acceptance or lack
of acceptance of accountability by the individual;
(iii)
whether the sentence to be imposed:
(A)
reflects the seriousness of the offense, promotes respect for the law, and
provides just punishment for the offense;
(B)
affords adequate deterrence of criminal conduct;
(C)
protects the public from future offenses by the individual; and
(D)
provides for the rehabilitative needs of the individual;
(iv)
the adult sentencing and supervision length guidelines as defined in Section
63M-7-401.1
;
(v)
the presentence investigation report described in Section
77-18-103
if a
presentence investigation report has been prepared for the individual;
(vi)
any aggravating factor that the court may, or is required to, consider by law for
the offense;
(vii)
any aggravating or mitigating circumstances; and
(viii)
the desires and interests of any victim of the offense.
(c)
In determining the appropriate sentence for an individual convicted of a violent
felony, as defined in Section
76-3-203.5
, or a sexual offense, as defined in Section
76-3-407
, the sentencing court shall prioritize the factors described in Subsections
(2)(b)(i)
, (2)(b)(iii)(A), (2)(b)(iii)(B), and (2)(b)(iii)(C) over any interest of the
defendant.
(3)
(a)
This chapter does not deprive a court of authority conferred by law:
(i)
to forfeit property;
(ii)
to dissolve a corporation;
(iii)
to suspend or cancel a license;
(iv)
to permit removal of an individual from office;
(v)
to cite for contempt; or
(vi)
to impose any other civil penalty.
(b)
A court may include a civil penalty in a sentence.
(4)
In addition to any other sentence that a sentencing court may impose, the court shall
order an individual to:
(a)
pay restitution in accordance with Title
77, Chapter 38b
, Crime Victims Restitution
Act;
(b)
subject to Section
77-32b-104
, pay the cost expended by an appropriate
governmental entity under Section
77-30-24
for the extradition of the individual if
the individual:
(i)
was extradited to this state, under Title
77, Chapter 30
, Extradition, to resolve
pending criminal charges; and
(ii)
is convicted of an offense in the county for which the individual is returned;
(c)
subject to Subsection
(5)
and Subsections
77-32b-104(2)
, (3), and (4), pay the cost of
medical care, treatment, hospitalization, and related transportation, as described in
Section
17-63-706
, that is provided by a county to the individual while the individual
is in a county correctional facility before and after sentencing if:
(i)
the individual is convicted of an offense that results in incarceration in the county
correctional facility; and
(ii)
(A)
the individual is not a state prisoner housed in the county correctional
facility through a contract with the Department of Corrections; or
(B)
the reimbursement does not duplicate the reimbursement under Section
64-13e-104
if the individual is a state probationary inmate or a state parole
inmate; and
(d)
pay any other cost that the court determines is appropriate under Section
77-32b-104
.
(5)
The cost of medical care under Subsection
(4)(c)
does not include expenses incurred by
the county correctional facility in providing reasonable accommodation for an inmate
qualifying as an individual with a disability as defined and covered by the Americans
with Disabilities Act, 42 U.S.C.
Secs.
12101 through 12213, including medical and
mental health treatment for the inmate's disability.
Section 6.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-26-26 8:15 AM