Sex Offender Oversight Amendments

65
17-72-301
53-10-403
53-29-101
53-29-301
53-29-302
53-29-303
53-29-304
53-29-305
53-29-308
53-29-309
53-29-402
53-29-406
64-14-203
77-7-5
17-72-301
53-10-403
53-29-101
53-29-301
53-29-302
53-29-303
53-29-304
53-29-305
53-29-308
53-29-309
53-29-402
53-29-406
64-14-203
77-7-5
4
Sex Offender Oversight Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill addresses oversight of sex offenders on the Sex, Kidnap, and Child Abuse
Offender Registry.
Highlighted Provisions:
This bill:
defines terms;
requires local law enforcement agencies to have specific responsibilities for certain sex
offenders;
revises definitions concerning a residence for purposes of the Sex, Kidnap, and Child
Abuse Offender Registry (registry);
requires the Department of Public Safety (department) to:
create a monitoring program for sex offenders who are unable to provide a required
residential address to the registry;
delegate monitoring oversight responsibility to a local law enforcement agency or to
the Division of Adult Probation and Parole;
establish a process for a local law enforcement agency or the Division of Adult
Probation
and Parole to be notified of the need for an arrest warrant
for certain sex
offenders; and
develop and provide an online training program for certain individuals who work with
sex offenders;
requires specific entities to coordinate with the department regarding the monitoring of,
or seeking an arrest warrant for, certain sex offenders;
requires a sex offender to comply with the monitoring program;
creates criminal penalties for a sex offender's failure to comply with the monitoring
program;
requires a court to consider and, if the court finds probable cause, issue an arrest warrant
for certain sex offenders;
requires the Division of Adult Probation and Parole to have specific responsibilities for
certain sex offenders;
provides a presumption for the issuance of an arrest warrant in lieu of a summons for
certain sex offenders; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-72-301
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 13
53-10-403
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 173,
208 and 291
53-29-101
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 291
53-29-301
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 291
53-29-302
Effective
05/06/26
Partially Repealed
01/01/30
, as enacted by Laws of
Utah 2025, Chapter 291
53-29-303
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 291
53-29-304
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 291
53-29-305
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 291
53-29-402
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 291
64-14-203
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 214
77-7-5
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 314
ENACTS:
53-29-308
Effective
05/06/26
, Utah Code Annotated 1953
53-29-309
Effective
05/06/26
, Utah Code Annotated 1953
53-29-406
Effective
05/06/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
17-72-301
is amended to read:
17-72-301
Effective
05/06/26
. General duties.
(1)
The sheriff shall:
(a)
preserve the peace;
(b)
make all lawful arrests;
(c)
(i)
attend in person or by deputy:
(A)
the Supreme Court and the Court of Appeals when required; or
(B)
when the court is held within the sheriff's county, all courts of record, and
court commissioner and referee sessions held within the sheriff's county;
(ii)
obey a court's lawful orders and directions; and
(iii)
comply with the court security rule, Rule 3-414, of the Utah Code of Judicial
Administration;
(d)
upon request of the juvenile court, aid the court in maintaining order during hearings
and transport a minor to and from youth corrections facilities, other institutions, or
other designated places;
(e)
attend county justice courts if the judge finds that the matter before the court requires
the sheriff's attendance for security, transportation, and escort of prisoners in the
sheriff's custody, or for the custody of jurors;
(f)
command the aid of as many inhabitants of the sheriff's county as the sheriff
considers necessary in the execution of duties described in this section;
(g)
take charge of and keep the county jail and prisoners in the county jail as described
in
Part 4, County Jails
, and
Part 5, Responsibility for Prisoners
;
(h)
(i)
receive and safely keep all prisoners committed to the sheriff's custody;
(ii)
file and preserve the commitments of prisoners; and
(iii)
record the name, age, place of birth, and description of each prisoner;
(i)
release on the record all attachments of real property when the attachment the sheriff
receives has been released or discharged;
(j)
endorse on all process and notices the year, month, day, hour, and minute of
reception, and, upon payment of fees, issue a certificate to the individual delivering
process or notice showing the names of the parties, title of paper, and the time of
receipt;
(k)
serve all process and notices as prescribed by
Part 7
, Process Service and Duty to the
Court, or any other provision of law;
(l)
(i)
if the sheriff makes service of process or notice, certify on the process or notices
the manner, time, and place of service; or
(ii)
if the sheriff fails to make service, certify the reason upon the process or notice,
and return them without delay;
(m)
extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
land within the sheriff's county;
(n)
perform as required by any contracts between the county and private contractors for
management, maintenance, operation, and construction of county jails entered into
under the authority of Section
17-65-405
;
(o)
manage and direct search and rescue services in the sheriff's county, including
emergency medical responders and other related incident response activities;
(p)
obtain saliva DNA specimens as required under Section
53-10-404
;
(q)
on or before January 1, 2003, adopt a written policy that prohibits the stopping,
detention, or search of any person when the action is solely motivated by
considerations of race, color, ethnicity, age, or gender;
(r)
as applicable, select a representative of law enforcement to serve as a member of a
child protection team, as defined in Section
80-1-102
;
(s)
appoint a county security chief in accordance with Section
53-22-103
and ensure the
county security chief fulfills the county security chief's duties;
(t)
ensure that a prisoner who is awaiting trial, sentencing, or disposition of criminal
charges has:
(i)
a private and confidential space to review discovery and other evidence or
documents related to the prisoner's criminal case with the prisoner's counsel; and
(ii)
the means to access and review discovery and other evidence or documents
related to the prisoner's criminal case, with or without the prisoner's counsel,
including the means to access and review digital, audio, video, or other
technological evidence or documents; and
(u)
perform any other duties that are required by law.
(2)
(a)
Violation of Subsection
(1)(j)
is a class C misdemeanor.
(b)
Violation of any other subsection under Subsection
(1)
is a class A misdemeanor.
(3)
(a)
A prisoner may access or review discovery, evidence, or other documents under
Subsection
(1)(t)
with:
(i)
technology provided by the jail; or
(ii)
technology, including a computer, that is approved by the jail and is provided by
the prisoner's counsel.
(b)
If a prisoner's counsel leaves discovery, evidence, or other documents with the
prisoner at the jail, the prisoner's counsel shall ensure that the discovery, evidence, or
other documents does not include:
(i)
any visual depiction of an individual who is younger than 18 years old;
(ii)
any personal identifying information of an individual other than the prisoner;
(iii)
any financial information of a person other than the prisoner;
(iv)
any child sexual abuse material as defined in Section
76-5b-103
;
(v)
any intimate image as defined in Section
76-5b-203
; or
(vi)
any visual depiction or information for which possession is prohibited, by policy,
at the jail.
(4)
A sheriff shall comply with the requirements described in Section
53-29-308
for
specific registered sex offenders.
Section 2. Section
53-10-403
is amended to read:
53-10-403
Effective
05/06/26
. DNA specimen analysis -- Application to
offenders, including minors.
(1)
Sections
53-10-403.6
,
53-10-404
,
53-10-404.5
,
53-10-405
, and
53-10-406
apply to:
(a)
a person who has pled guilty to or has been convicted of any of the offenses under
Subsection
(2)(a)
or
(b)
on or after July 1, 2002;
(b)
a person who has pled guilty to or has been convicted by any other state or by the
United States government of an offense which if committed in this state would be
punishable as one or more of the offenses listed in Subsection
(2)(a)
or
(b)
on or after
July 1, 2003;
(c)
a person who has been booked on or after January 1, 2011, through December 31,
2014, for any offense under Subsection
(2)(c)
;
(d)
a person who has been booked:
(i)
by a law enforcement agency that is obtaining a DNA specimen on or after May
13, 2014, through December 31, 2014, under Subsection
53-10-404(4)(b)
for any
felony offense; or
(ii)
on or after January 1, 2015, for any felony offense; or
(e)
a minor:
(i)
(A)
who is adjudicated by the juvenile court for an offense described in
Subsection
(2)
that is within the jurisdiction of the juvenile court on or after
July 1, 2002; or
(B)
who is adjudicated by the juvenile court for an offense described in
Subsection
(2)
and is in the legal custody of the Division of Juvenile Justice
and Youth Services for the offense on or after July 1, 2002; and
(ii)
who is 14 years old or older at the time of the commission of the offense
described in Subsection
(2)
.
(2)
Offenses referred to in Subsection
(1)
are:
(a)
any felony or class A misdemeanor under the Utah Code;
(b)
any offense under Subsection
(2)(a)
:
(i)
for which the court enters a judgment for conviction to a lower degree of offense
under Section
76-3-402
; or
(ii)
regarding which the court allows the defendant to enter a plea in abeyance as
defined in Section
77-2a-1
; or
(c)
(i)
any violent felony as defined in Section
53-10-403.5
;
(ii)
sale or use of body parts, Section
26B-8-315
;
(iii)
failure to stop at an accident that resulted in death, Section
41-6a-401.5
;
(iv)
operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before
May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection
58-37-8(2)(g)
;
(v)
a felony violation of enticing a minor, Section
76-5-417
;
(vi)
negligently operating a vehicle resulting in injury, Subsection
76-5-102.1(2)(b)
;
(vii)
a felony violation of propelling a substance or object at a correctional officer, a
peace officer, or an employee or a volunteer, including health care providers,
Section
76-5-102.6
;
(viii)
automobile homicide, Subsection
76-5-207(2)(b)
;
(ix)
aggravated human trafficking, Section
76-5-310
, and aggravated human
smuggling, Section
76-5-310.1
;
(x)
a felony violation of unlawful sexual activity with a minor, Section
76-5-401
;
(xi)
a felony violation of sexual abuse of a minor, Section
76-5-401.1
;
(xii)
unlawful sexual contact with a 16 or 17-year old, Section
76-5-401.2
;
(xiii)
sale of a child, Section
76-7-203
;
(xiv)
aggravated escape, Section
76-8-309.3
;
(xv)
a felony violation of threatened or attempted assault on an elected official,
Section
76-8-313
;
(xvi)
threat with intent to impede, intimidate, interfere, or retaliate against a judge or
a member of the Board of Pardons and Parole or acting against a family member
of a judge or a member of the Board of Pardons and Parole, Section
76-8-316
;
(xvii)
assault with intent to impede, intimidate, interfere, or retaliate against a judge
or a member of the Board of Pardons and Parole or acting against a family
member of a judge or a member of the Board of Pardons and Parole, Section
76-8-316.2
;
(xviii)
aggravated assault with intent to impede, intimidate, interfere, or retaliate
against a judge or a member of the Board of Pardons and Parole or acting against
a family member of a judge or a member of the Board of Pardons and Parole,
Section
76-8-316.4
;
(xix)
attempted murder with intent to impede, intimidate, interfere, or retaliate
against a judge or a member of the Board of Pardons and Parole or acting against
a family member of a judge or a member of the Board of Pardons and Parole,
Section
76-8-316.6
;
(xx)
advocating criminal syndicalism or sabotage, Section
76-8-902
;
(xxi)
assembling for advocating criminal syndicalism or sabotage, Section
76-8-903
;
(xxii)
a felony violation of sexual battery, Section
76-5-418
;
(xxiii)
a felony violation of lewdness involving a child, Section
76-5-420
;
(xxiv)
a felony violation of abuse or desecration of a dead human body, Section
76-5-802
;
(xxv)
manufacture, possession, sale, or use of a weapon of mass destruction, Section
76-15-302
;
(xxvi)
manufacture, possession, sale, or use of a hoax weapon of mass destruction,
Section
76-15-303
;
(xxvii)
possession of a concealed firearm in the commission of a violent felony,
Subsection
76-11-202(3)(c)
;
(xxviii)
assault with the intent to commit bus hijacking with a dangerous weapon as
described in Subsection
76-9-1503(3)(b)
;
(xxix)
aggravated commercial obstruction, Section
76-9-114
;
(xxx)
a felony violation of failure to register as a sex or kidnap offender
or comply
with the sex offender monitoring program
, Section
53-29-305
;
(xxxi)
repeat violation of a protective order, Subsection
77-36-1.1(4)
; or
(xxxii)
violation of condition for release after arrest under Section
78B-7-802
.
Section 3. Section
53-29-101
is amended to read:
53-29-101
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Bureau" means the Bureau of Criminal Identification of the Department of Public
Safety established in Section
53-10-201
.
(2)
"Certificate of eligibility" means the certificate issued by the bureau described in
Section
53-29-207
.
(3)
"Child abuse offender" means an individual who meets the requirements under
Subsection
53-29-202(2)(a)
.
(4)
(a)
"Convicted" means a plea or conviction of:
(i)
guilty;
(ii)
guilty with a mental illness; or
(iii)
no contest.
(b)
"Convicted" includes, except as provided in Subsection
53-29-202(4)
, the period a
plea is held in abeyance pursuant to a plea in abeyance agreement as defined in
Section
77-2a-1
.
(c)
"Convicted" does not include:
(i)
a withdrawn or dismissed plea in abeyance;
(ii)
a diversion agreement; or
(iii)
an adjudication of a minor for an offense under Section
80-6-701
.
(5)
"Division" means the Division of Juvenile Justice and Youth Services.
(6)
"Employed" means employment that is full time or part time, whether financially
compensated, volunteered, or for the purpose of government or educational benefit.
(7)
"Kidnap offender" means an individual who meets the requirements under Subsection
53-29-202(2)(c)
.
(8)
"Offender" means an individual who qualifies as a sex offender, a kidnap offender, or a
child abuse offender as described in Section
53-29-202
.
(9)
(a)
"Online identifier" means any electronic mail, chat, instant messenger, social
networking, or similar name used for Internet communication.
(b)
"Online identifier" does not include date of birth, social security number, PIN
number, or Internet passwords.
(10)
"Primary residence" means the
location
residence
where an offender regularly resides,
even if the offender intends to move to another
location
residence
or return to another
location
residence
at a future date.
(11)
"Registrable offense" means an offense described in Subsection
53-29-202(1)
.
(12)
"Registration website" means the Sex, Kidnap, and Child Abuse Offender Notification
and Registration website described in Section
53-29-404
.
(13)
"Registry" means the Sex, Kidnap, and Child Abuse Offender Registry maintained by
the department and created in Section
53-29-102
to monitor and track offenders.
(14)
"Registry office" means the office within the department that manages the Sex,
Kidnap, and Child Abuse Offender Registry.
(15)
(a)
"Residence" means a structure, or a portion of a structure, that is designed and
intended for occupancy as a dwelling by one or more individuals.
(b)
"Residence" does not include a temporary structure, a vehicle, or an area of
unimproved real property.
(15)
(16)
"Sex offender" means an individual who meets the requirements under
Subsection
53-29-202(2)(b)
.
(16)
(17)
"Vehicle" means a motor vehicle, an aircraft, or a watercraft subject to
registration in any jurisdiction.
Section 4. Section
53-29-301
is amended to read:
53-29-301
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Business day" means a day on which state offices are open for regular business.
(2)
"Correctional facility" means:
(a)
a county jail;
(b)
a secure correctional facility as defined by Section
64-13-1
; or
(c)
a secure care facility as defined in Section
80-1-102
.
(3)
"Secondary residence" means real property that an offender owns or has a financial
interest in, or a
location
residence
where the offender stays overnight a total of 10 or
more nights in a 12-month period when not staying at the offender's primary residence.
Section 5. Section
53-29-302
is amended to read:
53-29-302
Effective
05/06/26
Partially Repealed
01/01/30
. Law enforcement
and agency responsibilities related to the registry.
(1)
As used in this section:
(a)
"Dynamic factors" means an individual's individual characteristics, issues, resources,

or circumstances that:
(i)
can change or be influenced; and
(ii)
affect the risk of:
(A)
recidivism; or
(B)
violating conditions of probation or parole.
(b)
"Multi-domain assessment" means an evaluation process or tool that reports in
quantitative and qualitative terms an offender's condition, stability, needs, resources,
dynamic factors, and static factors that affect the offender's transition into the
community and compliance with conditions of probation or parole.
(c)
"Static factors" means an individual's individual characteristics, issues, resources, or
circumstances that:
(i)
are unlikely to be changeable or influenced; and
(ii)
affect the risk of:
(A)
recidivism; or
(B)
violating conditions of probation or parole.
(2)
A law enforcement agency shall
,
:
(a)
in the manner prescribed by the department, inform the department of:
(a)
(i)
the receipt of a report or complaint of a registrable offense, within three
business days after the day on which the law enforcement agency received the
report or complaint; and
(b)
(ii)
the arrest of an individual suspected of a registrable offense, within five
business days after the day on which the law enforcement agency arrested the
individual
.
;
(b)
comply with Subsection
(10)
; and
(c)
comply with the requirements described in Section
53-29-308
.
(3)
The Department of Corrections shall:
(a)
register an offender in the custody of the Department of Corrections with the
department upon:
(i)
placement on probation;
(ii)
commitment to a secure correctional facility operated by or under contract with
the Department of Corrections;
(iii)
release from confinement to parole status, termination or expiration of sentence,
or escape;
(iv)
entrance to and release from any community-based residential program operated
by or under contract with the Department of Corrections; or
(v)
termination of probation or parole;
and
(b)
(i)
for an offender convicted after May 7, 2025, of an offense committed in this
state that requires the individual to register as a sex offender, conduct, if available,
multi-domain assessments that are validated for the population and offense type of
the offender to inform the treatment and supervision needs of the offender; and
(ii)
30 days after the day on which a calendar quarterly period ends, submit the
results of any risk assessments completed under Subsection
(3)(b)(i)
during the
preceding quarter to the State Commission on Criminal and Juvenile Justice
.
;
(c)
comply with Subsection
(10)
; and
(d)
ensure the Division of Adult Probation and Parole created in Section
64-14-202

complies with the requirements described in Sections
53-29-309
and
64-14-203
.
(4)
The sheriff of the county in which an offender is confined shall
:
(a)

register an offender with the department, as required under this chapter, if the
offender is not in the custody of the Department of Corrections and is confined in a
correctional facility not operated by or under contract with the Department of
Corrections upon:
(a)
(i)
commitment to the correctional facility; and
(b)
(ii)
release from confinement
.
;
(b)
comply with Subsection
(10)
; and
(c)
comply with the requirements described in Sections
17-72-301
and
53-29-308
.
(5)
(a)
Except as provided in Subsection
(4)(b)
(5)(b)
, if an offender is sent on an
assignment outside a secure facility, including being assigned for firefighting or
disaster control, the official who has physical custody of the offender shall, within a
reasonable time after the day of the offender's removal from the secure facility, notify
the local law enforcement agencies where the offender is assigned.
(b)
Subsection
(4)(a)
(5)(a)
does not apply to an offender temporarily released from a
secure facility setting who is under the supervision of a correctional facility official.
(6)
The division shall

:
(a)
register an offender in the custody of the division with the department, as required
under this chapter, before the offender's release from custody of the division
; and
(b)
comply with Subsection
(10)
.
(7)
A state mental hospital shall

:
(a)
register an offender committed to the state mental hospital with the department, as
required under this chapter, upon the offender's admission and upon the offender's
discharge
; and
(b)
comply with Subsection
(10)
.
(8)
(a)
A municipal or county law enforcement agency shall

:
(i)
register an offender who resides within the agency's jurisdiction and is not under
the supervision of the Division of Adult Probation and Parole within the
Department of Corrections
.
;
(ii)
comply with Subsection
(10)
; and
(iii)
comply with the requirements described in Section
53-29-308
.
(b)
A municipal or county law enforcement agency may conduct offender registration
under this chapter, if the agency ensures that the agency's staff responsible for
registration:
(i)
have received initial training by the department and have been certified by the
department as qualified and authorized to conduct registrations and enter offender
registration information into the registry database; and
(ii)
annually certifies with the department.
(9)
An agency in the state that registers with the department an offender on probation, an
offender who has been released from confinement to parole status or termination, or an
offender whose sentence has expired, shall inform the offender of the duty to comply
with the continuing registration requirements of this chapter during the period of
registration required in Section
53-29-203
, including:
(a)
notification to the state agencies in the states where the registrant presently resides
and plans to reside when moving across state lines;
(b)
verification of address at least every 60 days pursuant to a parole agreement for
lifetime parolees; and
(c)
notification to the out-of-state agency where the offender is living, regardless of
whether the offender is a resident of that state.
(10)
If an entity that is required to register an offender under this section discovers that a
sex offender does not have a residential address to provide under Subsection
53-29-304(4)(a)(ii)
, the entity shall, within one business day after the day on which the
entity discovers the information, coordinate with the department, in accordance with
Section
53-29-406
, to ensure that:
(a)
the sex offender will begin to be monitored under the monitoring program described
in
Section
53-29-406
; or
(b)
the responsible entity under Section
53-29-406
seeks an arrest warrant for the sex
offender.
Section 6. Section
53-29-303
is amended to read:
53-29-303
Effective
05/06/26
. Court responsibilities related to the registry.
(1)
The court shall, after an offender is convicted of a registrable offense, within three
business days after the day on which the conviction is entered, forward a signed copy of
the judgment and sentence to the registry office.
(2)
Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a
conviction for a registrable offense, the court shall, within three business days, forward a
signed copy of the order to the registry office.
(3)
(a)
An offender may change the offender's name in accordance with Title 42, Chapter
1, Change of Name, if the name change is not contrary to the interests of the public.
(b)
Notwithstanding Section
42-1-2
, an offender shall provide notice to the department
at least 30 days before the day on which the hearing for the name change is held.
(c)
The court shall provide a copy of the order granting the offender's name change to
the department within 10 days after the day on which the court issues the order.
(d)
If the court orders an offender's name to be changed, the department shall publish on
the registration website the offender's former name and the offender's changed name
as an alias.
(4)
Notwithstanding Title 63G, Chapter 2, Government Records Access and Management
Act, information under Subsection
(2)
that is collected and released under Subsection
53-29-404(3)(a)
is public information, unless otherwise restricted under this chapter.
(5)
The department shall redact information regarding the identity or location of a victim
from information provided under Subsection
(2)
.
(6)
In accordance with Section
77-7-5
, upon receipt of an affidavit seeking an arrest warrant
described in Section
53-29-308
or
53-29-309
for a sex offender, the court shall, within a
reasonable time, consider and, if the court determines that there is probable cause that
the sex offender has committed the violation described in the affidavit seeking the arrest
warrant, issue a warrant for the arrest of the sex offender.
Section 7. Section
53-29-304
is amended to read:
53-29-304
Effective
05/06/26
. Offender responsibilities related to the registry.
(1)
An offender shall:
(a)
if the offender is on probation or parole under the supervision of the Department of
Corrections, register in person with the Division of Adult Probation and Parole; or
(b)
if the offender is not on probation or parole under the supervision of the Department
of Corrections, register in person with the police department or sheriff's office that
has jurisdiction over the area where the offender resides.
(2)
An offender registering under Subsection
(1)
shall register for the duration of the
offender's applicable registration period described in Section
53-29-203
:
(a)
each year during the month of the offender's date of birth;
(b)
during the month that is the sixth month after the offender's birth month; and
(c)
within three business days after the day on which there is a change of the offender's
primary residence, any secondary residences, place of employment, vehicle
information, or educational information described in Subsection
(4)
.
(3)
An offender who enters this state from another jurisdiction is required to register with
the department within 10 days after the day on which the offender enters the state,
regardless of the offender's length of stay.
(4)
(a)
When registering under Subsection
(1)
, an offender shall provide the following
information:
(i)
all names and aliases by which the offender is or has been known;
(ii)
except as provided in Subsection
(4)(c)
,
the addresses of the offender's primary
and secondary residences;
(iii)
a physical description, including the offender's date of birth, height, weight, eye
color, and hair color;
(iv)
the make, model, color, year, plate number, and vehicle identification number of
a vehicle or vehicles the offender owns or drives more than 12 times per year;
(v)
a current photograph of the offender;
(vi)
a set of fingerprints, if a set has not already been provided;
(vii)
a DNA specimen, taken in accordance with Section
53-10-404
, if a set has not
already been provided;
(viii)
telephone numbers and any other designations used by the offender for routing
or self-identification in telephonic communications from fixed locations or
cellular telephones;
(ix)
online identifiers and the addresses the offender uses for routing or
self-identification in Internet communications or postings;
(x)
the name and Internet address of all websites on which the offender is registered
using an online identifier, including all online identifiers used to access those
websites;
(xi)
a copy of the offender's passport, if a passport has been issued to the offender;
(xii)
if the offender is an alien, all documents establishing the offender's immigration
status;
(xiii)
all professional licenses that authorize the offender to engage in an occupation
or carry out a trade or business, including any identifiers, such as numbers;
(xiv)
each educational institution in Utah at which the offender is employed or is a
student, and a change of enrollment or employment status of the offender at an
educational institution;
(xv)
the name, the telephone number, and the address of a place where the offender is
employed or will be employed;
(xvi)
the name, the telephone number, and the address of a place where the offender
works as a volunteer or will work as a volunteer; and
(xvii)
the offender's social security number.
(b)
The department shall redact information regarding the identity or location of a victim
from information provided under Subsection
(4)(a)
.
(c)
If an offender is a sex offender and does not have a residential address to provide
under Subsection
(4)(a)(ii)
, the sex offender shall comply with the monitoring
program described in Section
53-29-406
.
(5)
Notwithstanding Subsections
(4)(a)(ix)
and
(x)
and
53-29-404(7)
, an offender is not
required to provide the department with:
(a)
the offender's online identifier and password used exclusively for the offender's
employment on equipment provided by an employer and used to access the
employer's private network; or
(b)
online identifiers for the offender's financial accounts, including a bank, retirement,
or investment account.
(6)
Notwithstanding Title 77, Chapter 40a, Expungement of Criminal Records, an offender
convicted of a registrable offense is required to register in accordance with this section
unless the offender is removed from the registry under Section
53-29-207
.
(7)
Except as provided in Subsection
53-29-404(7)
, in the case of an offender adjudicated in
another jurisdiction as a juvenile and required to register under this chapter, the offender
shall register in the time period and in the frequency consistent with the requirements of
Subsection
(3)
.
(8)
(a)
An offender required to register on the registry shall, in the month of the
offender's birth:
(i)
pay to the department each year the offender is subject to the registration
requirements of this chapter:
(A)
before July 1, 2026, an annual fee of $125; and
(B)
on or after July 1, 2026, an annual fee determined by the department in
accordance with the process in Section
63J-1-504
; and
(ii)
pay to the registering agency, if the registering agency is an agency other than the
department, an annual fee of not more than $25, which may be assessed by that
agency for providing registration.
(b)
Notwithstanding Subsection
(8)(a)
, an offender who is confined in a secure facility
or in a state mental hospital is not required to pay the annual fee.
(c)
The department shall deposit fees collected in accordance with this chapter into the
General Fund as a dedicated credit, to be used by the department for maintaining the
offender registry under this chapter and monitoring offender registration compliance,
including the costs of:
(i)
data entry;
(ii)
processing registration packets;
(iii)
updating registry information; and
(iv)
reporting an offender not in compliance with registration requirements to a law
enforcement agency.
Section 8. Section
53-29-305
is amended to read:
53-29-305
Effective
05/06/26
. Failing to register or providing false or
incomplete information -- Failing to comply with monitoring program -- Penalties.
(1)
An offender who knowingly fails to register under this chapter
or
,

knowingly
provides
false or incomplete information
, or knowingly fails to comply with the sex offender
monitoring program described in Section
53-29-406
,
is guilty of:
(a)
a third degree felony and shall be sentenced to serve a term of incarceration of not
less than 30 days and also at least one year of probation if:
(i)
the offender is required to register for a registrable offense that is a felony or
adjudicated delinquent for a registrable offense committed before May 3, 2023,
that would be a felony if the juvenile were an adult; or
(ii)
the offender is required to register for the offender's lifetime as described in
Subsection
53-29-203(1)(b)
; or
(b)
a class A misdemeanor and shall be sentenced to serve a term of incarceration of not
less than 30 days and also at least one year of probation if the offender is required to
register for a misdemeanor conviction that is a registrable offense or is adjudicated
delinquent for a registrable offense committed before May 3, 2023, that would be a
misdemeanor if the juvenile were an adult.
(2)
(a)
The court or Board of Pardons and Parole may not release an individual who
violates this chapter from serving the term required under Subsection
(1)
.
(b)
This Subsection
(2)
supersedes any other provision of the law contrary to this chapter.
(3)
The offender shall register for an additional year for every year in which the offender
does not comply with the registration requirements of this chapter.
Section 9. Section
53-29-308
is enacted to read:
53-29-308
Effective
05/06/26
. Local law enforcement agency responsibilities for
sex offender registrant monitoring and arrest.
(1)
As used in this section:
(a)
"Law enforcement interlocal entity" means an interlocal entity under Title 11,
Chapter 13, Interlocal Cooperation Act, that provides law enforcement services.
(b)
"Law enforcement special district" means a district that provides law enforcement
services under:
(i)
Title 17B, Limited Purpose Local Government Entities - Special Districts; or
(ii)
Title 17D, Chapter 1, Special Service District Act.
(c)
"Monitoring program" means the same as the term "program" is defined in Section
53-29-406
.
(d)
"Municipal law enforcement agency" means a law enforcement agency that is
operated by:
(i)
a municipality;
(ii)
a law enforcement interlocal entity; or
(iii)
a law enforcement special district.
(e)
"Municipality" means the same as that term is defined in Section
10-1-104
.
(2)
Except as provided in Subsection
(3)
, a sheriff shall accept and begin monitoring
program oversight responsibility for a sex offender who is on the monitoring program if
the sheriff receives notice from:
(a)
the department under Section
53-29-406
; or
(b)
a sheriff of a different county, or a municipal law enforcement agency, that is
transferring monitoring program oversight responsibility for a sex offender based on
the sex offender's change in jurisdiction as described in Subsection
(7)
.
(3)
(a)
A municipal law enforcement agency shall accept and begin monitoring program
oversight responsibility as described in Subsection
(3)(b)
if the municipal law
enforcement agency

has
accepted responsibility for the monitoring program for sex
offenders in the municipal law enforcement agency's jurisdiction under a written
agreement with the sheriff of the county in which the municipal law enforcement
agency is located.
(b)
A municipal law enforcement agency described in Subsection
(3)(a)
shall accept and
begin monitoring program oversight responsibility for a sex offender who is on the
monitoring program if the municipal law enforcement agency receives notice from:
(i)
the department under Section
53-29-406
; or
(ii)
a sheriff or another municipal law enforcement agency that is transferring
monitoring program oversight responsibility for a sex offender based on the sex
offender's change in jurisdiction as described in Subsection
(7)
.
(4)
A sheriff or a municipal law enforcement agency described in Subsection
(3)
that has
monitoring program oversight responsibility for a sex offender under Subsection
(2)
or
(3)
shall:
(a)
monitor the sex offender as required by the department;
(b)
if the sex offender leaves the sheriff's or municipal law enforcement agency's area of
jurisdiction as described in Subsection
(7)
, notify:
(i)
the department; and
(ii)
the sheriff or the municipal law enforcement agency described in Subsection
(3)

that has jurisdiction over the sex offender's current or last known location;
(c)
follow the procedures described in Subsection
(5)
; and
(d)
comply with other procedures established by the department.
(5)
A sheriff or a municipal law enforcement agency described in Subsection
(3)
shall
comply with the requirements established by the department in Subsection
53-29-406(6)
,
including:
(a)
submitting an affidavit requesting an arrest warrant in accordance with Section
77-7-5
;
and
(b)
in coordination with other state and local law enforcement agencies, attempting to
locate and arrest the sex offender who is the subject of the warrant described in
Subsection
(5)(a)
.
(6)
A civilian employee of a sheriff or a municipal law enforcement agency may conduct
the monitoring required by this section.
(7)
Unless the department specifies a different time frame by rule, a sex offender is
considered to have transferred jurisdictions for purposes of the monitoring program after
spending seven consecutive days in a different jurisdiction.
Section 10. Section
53-29-309
is enacted to read:
53-29-309
Effective
05/06/26
. Division of Adult Probation and Parole
responsibilities for sex offender registrant monitoring and arrest.
(1)
As used in this section:
(a)
"Division" means the Division of Adult Probation and Parole created in Section
64-14-202
.
(b)
"Monitoring program" means the same as the term "program" is defined in Section
53-29-406
.
(2)
The division shall accept and begin monitoring program oversight responsibility for an
offender who is a sex offender on the monitoring program if the division receives notice
from:
(a)
the department under Section
53-29-406
; or
(b)
another entity in accordance with monitoring program procedures established by the
department.
(3)
For a sex offender described in Subsection
(2)
, the division shall:
(a)
monitor the sex offender as required by the department; and
(b)
comply with other procedures established by the department.
(4)
The division shall comply with the requirements established by the department in
Subsection
53-29-406(6)
, including:
(a)
submitting an affidavit requesting an arrest warrant in accordance with Section
77-7-5
;
and
(b)
in coordination with other state and local law enforcement agencies, attempting to
locate and arrest the sex offender who is the subject of the warrant described in
Subsection
(4)(a)
.
Section 11. Section
53-29-402
is amended to read:
53-29-402
Effective
05/06/26
. Department responsibilities related to the
registry.
(1)
The department shall:
(a)
maintain the registration website;
(b)
establish and maintain the monitoring program described in Section
53-29-406
;
(c)
develop and provide an online training program for an individual who, as part of the
individual's regular job responsibilities:
(i)
registers sex offenders;
(ii)
provides probation or parole supervision of sex offenders; or
(iii)
investigates sex offender compliance with existing laws and requirements;
(b)
(d)
ensure that the registration information collected regarding an offender's
enrollment or employment at an educational institution is:
(i)
(A)
promptly made available to any law enforcement agency that has
jurisdiction where the institution is located if the educational institution is an
institution of higher education; or
(B)
promptly made available to the district superintendent of the school district
where the offender is employed if the educational institution is an institution of
primary education; and
(ii)
entered into the appropriate state records or data system; and
(c)
(e)
make available to an offender the name of the local law enforcement agency or
state agency that the offender should contact to register, the location for registering,
and the requirements of registration.
(2)
(a)
When the department receives offender registration information regarding a
change of an offender's primary residence, the department shall, within five days
after the day on which the department receives the information, electronically notify
the law enforcement agencies that have jurisdiction over the area where:
(i)
the residence that the offender is leaving is located; and
(ii)
the residence to which the offender is moving is located.
(b)
The department shall provide notification under Subsection
(2)(a)
if the offender's
change of address is:
(i)
between law enforcement agency jurisdictions; or
(ii)
within one law enforcement agency jurisdiction.
(3)
The department may make administrative rules necessary to implement this chapter,
including:
(a)
the method for dissemination of the information; and
(b)
instructions to the public regarding the use of the information.
Section 12. Section
53-29-406
is enacted to read:
53-29-406
Effective
05/06/26
. Monitoring program for sex offenders -- Arrest
warrant procedures.
(1)
As used in this section:
(a)
"Division" means the Division of Adult Probation and Parole created in Section
64-14-202
.
(b)
"Monitoring" means time-correlated tracking of the geographic location of a
monitored individual using
GPS
-based satellite or other location technology.
(c)
"Program" means the monitoring program created under this section.
(2)
(a)
To deter recidivism and protect the community, the department shall establish a
program for the monitoring of sex offenders who are unable to provide the required
residence information under Subsection
53-29-304(4)(a)(ii)
.
(b)
The program described in Subsection
(2)(a)
shall apply to a sex offender if the sex
offender's registrable offense is committed on or after July 1, 2026.
(3)
The program shall include:
(a)
a requirement that the monitoring of a sex offender under the program begin within
one business day after the day on which a law enforcement officer, a probation or
parole officer, the department, or an entity described in Section
53-29-302
, discovers
that the sex offender is unable to provide the required residence information under
Subsection
53-29-304(4)(a)(ii)
;
(b)
a procedure for the department to send notification of program oversight
responsibility for a sex offender who is required to be monitored under the program
to:
(i)
if the sex offender is currently on probation or parole, the division, in accordance
with Sections
53-29-309
and
64-14-203
; or
(ii)
if the sex offender is no longer on probation or parole, the law enforcement
agency with jurisdiction over the sex offender's current or last known location, as
determined under Section
53-29-308
;
(c)
except as provided in Subsection
(4)
, a requirement that a sex offender is responsible
for paying all or part of the cost incurred by the sex offender's participation in the
program;
(d)
a process for a sex offender who is in the program to request a redetermination by
the department as to whether the sex offender is required to continue in the program;
(e)
a requirement that the location of a sex offender under the program may only be
tracked as often as once per 12-hour period;
(f)
where possible, the use of monitoring systems and technology that have minimal
charging, battery, or maintenance requirements; and
(g)
a procedure for obtaining an arrest warrant for, and locating, a sex offender who:
(i)
does not provide the required residence information under Subsection
53-29-304(4)(a)(ii)
; and
(ii)
fails to comply with the program.
(4)
A sex offender is not required to pay the cost described in Subsection
(3)(c)
if the sex
offender demonstrates to the department that the sex offender does not have the ability
to pay.
(5)
A sex offender required to be monitored under this section who knowingly fails to
comply with the program is guilty of a violation of Section
53-29-305
.
(6)
(a)
The procedure described in Subsection
(3)(g)
shall require the department, upon
learning of a sex offender described in Subsection
(3)(g)
, to notify, as soon as
practicable:
(i)
if the sex offender is currently on probation or parole, the division, in accordance
with Sections
53-29-309
and
64-14-203
; or
(ii)
if the sex offender is no longer on probation or parole, the law enforcement
agency with jurisdiction over the sex offender's current or last known location, as
determined under Section
53-29-308
.
(b)
After receiving a notification from the department under Subsection
(6)(a)
, the
division or the law enforcement agency with jurisdiction under Section
53-29-308
, as
applicable, shall:
(i)
submit an affidavit requesting an arrest warrant for the sex offender in accordance
with Section
77-7-5
; and
(ii)
in coordination with other state and local law enforcement agencies, attempt to
locate and arrest the sex offender who is the subject of the warrant described in
Subsection
(6)(b)(i)
.
(c)
An arrest warrant described in Subsection
(6)(b)(i)
shall be enforceable by any law
enforcement agency that locates the sex offender who is the subject of the arrest
warrant.
(7)
The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish the requirements, procedures, and
processes under this section.
Section 13. Section
64-14-203
is amended to read:
64-14-203
Effective
05/06/26
. 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
;
(l)
comply with the requirements described in Section
53-29-309
for specific registered
sex offenders;
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 14. Section
77-7-5
is amended to read:
77-7-5
Effective
05/06/26
. Issuance of summons or warrant -- Time and place
arrests may be made -- Contents of warrant or summons -- Responsibility for
transporting prisoners.
(1)
As used in this section:
(a)
"Daytime hours" means the hours after 6 a.m. and before 10 p.m.
(b)
"Nighttime hours" means the hours after 10 p.m. and before 6 a.m.
(2)
(a)
A magistrate may issue a warrant for arrest in lieu of a summons for the
appearance of the accused only upon finding:
(a)
(i)
probable cause to believe that the person to be arrested has committed a
public offense; and
(b)
(ii)
under Rule 6 of the Utah Rules of Criminal Procedure and this section that a
warrant is necessary to:
(i)
(A)
prevent risk of injury to a person or property;
(ii)
(B)
secure the appearance of the accused; or
(iii)
(C)
protect the public safety and welfare of the community or an individual.
(b)
There is a presumption in favor of issuing a warrant in lieu of a summons under the
procedures described in Subsection
53-29-406(6)
if the accused is a sex offender
described in Subsection
53-29-406(5)
.
(3)
There is a presumption against the issuance of a warrant in lieu of a summons if:
(a)
after being booked into jail on conduct that would constitute an offense, the accused
was released from jail because the prosecuting attorney did not file an information
within the time period required under Rule 9 of the Utah Rules of Criminal
Procedure; and
(b)
the prosecuting attorney filed an information more than 60 days after the day on
which the accused was released from jail.
(4)
The presumption described in Subsection
(3)
may be overcome if:
(a)
the accused fails to appear on a served summons;
(b)
a summons is unable to be served after good faith efforts; or
(c)
the prosecuting attorney establishes good cause for issuing a warrant in lieu of a
summons to:
(i)
prevent risk of injury to a person or property; or
(ii)
protect the public safety and welfare of the community or an individual.
(5)
If the offense charged is:
(a)
a felony, the arrest upon a warrant may be made at any time of the day or night; or
(b)
a misdemeanor, the arrest upon a warrant may be made during nighttime hours only
if:
(i)
the magistrate has endorsed authorization to do so on the warrant;
(ii)
the person to be arrested is upon a public highway, in a public place, or in a place
open to or accessible to the public; or
(iii)
the person to be arrested is encountered by a peace officer in the regular course
of that peace officer's investigation of a criminal offense unrelated to the
misdemeanor warrant for arrest.
(6)
(a)
If the magistrate determines that the accused must appear in court, the magistrate
shall include in the arrest warrant the name of the law enforcement agency in the
county or municipality with jurisdiction over the offense charged.
(b)
(i)
The law enforcement agency identified by the magistrate under Subsection
(6)(a)
is responsible for providing inter-county transportation of the defendant, if
necessary, from the arresting law enforcement agency to the court site.
(ii)
The law enforcement agency named on the warrant may contract with another
law enforcement agency to have a defendant transported.
(7)
The law enforcement agency identified by the magistrate under Subsection
(6)(a)
shall
indicate to the court within 48 hours of the issuance, excluding Saturdays, Sundays, and
legal holidays if a warrant issued in accordance with this section is an extradition
warrant.
(8)
The law enforcement agency identified by the magistrate under Subsection
(6)(a)
shall
report any changes to the status of a warrant issued in accordance with this section to the
Bureau of Criminal Identification.
Section 15.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-6-26 5:19 PM