Adult Probation and Parole Reimbursement Amendments

6
64-14-204
0
Adult Probation and Parole Reimbursement Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor:
LONG TITLE
General Description:
This bill addresses the reimbursement of local government agencies that supervise certain
offenders on probation.
Highlighted Provisions:
This bill:
requires the Department of Corrections to enter into a memorandum or understanding
with a local government agency to reimburse the local government agency when a court
orders the local government agency to supervise an offender on probation who has
committed a felony; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
64-14-204
, as renumbered and amended by Laws of Utah 2025, Chapter 214
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
64-14-204
is amended to read:
64-14-204
. Supervision of sentenced offenders placed in community --
Rulemaking -- POST certified parole or probation officers and peace officers -- Duties --
Supervision fee -- Coordination with local mental health authority.
(1)
(a)
The division, except as
provided in Section
77-18-105
or as
otherwise provided by
law, shall supervise a sentenced offender placed in the community if the offender:
(i)
(A)
is placed on probation by a court;
(B)
is released on parole by the Board of Pardons and Parole; or
(C)
is accepted for supervision under the terms of the Interstate Compact for the
Supervision of Parolees and Probationers; and
(ii)
has been convicted of:
(A)
a felony;
(B)
a class A misdemeanor when an element of the offense is the use or attempted
use of physical force against an individual or property; or
(C)
notwithstanding Subsection
(1)(a)(ii)(B)
, a class A misdemeanor if the
division is ordered by a court to supervise the offender under Section
77-18-105
.
(b)
(i)
If an offender is placed on probation by a court for a felony conviction and the
court places the offender under supervision of an agency of a local government in
accordance with Section
77-18-105
, the department shall reimburse the agency of
a local government for the costs of supervising the offender.
(ii)
The costs described in Subsection
(1)(b)(i)
shall be determined by a
memorandum of understanding entered into by the department with the agency of
a local government ordered to supervise the offender.
(b)
(c)
If a sentenced offender participates in substance use treatment or a residential
vocational or life skills program, as defined in Section
13-53-102
, while under
supervision on probation or parole, the division shall monitor the offender's
compliance with and completion of the treatment or program.
(c)
(d)
The department shall establish standards for:
(i)
the supervision of offenders in accordance with the adult sentencing and
supervision length guidelines, as defined in Section
63M-7-401.1
, giving priority,
based on available resources, to felony offenders and offenders sentenced under
Subsection
58-37-8
(2)(b)(ii)
; and
(ii)
the monitoring described in Subsection
(1)(b)
(1)(c)
.
(2)
The division shall apply the graduated and evidence-based responses established in the
adult sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
,
to facilitate a prompt and appropriate response to an individual's violation of the terms of
probation or parole, including:
(a)
sanctions to be used in response to a violation of the terms of probation or parole; and
(b)
requesting approval from the court or Board of Pardons and Parole to impose a
sanction for an individual's violation of the terms of probation or parole, for 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.
(3)
The division shall implement a program of graduated incentives as established in the
adult sentencing and supervision length guidelines, as defined in Section
63M-7-401.1

to facilitate the department's prompt and appropriate response to an offender's:
(a)
compliance with the terms of probation or parole; or
(b)
positive conduct that exceeds those terms.
(4)
(a)
The department shall, in collaboration with the State Commission on Criminal and
Juvenile Justice and the Division of Substance Use and Mental Health, create
standards and procedures for the collection of information, including cost savings
related to recidivism reduction and the reduction in the number of inmates, related to
the use of the graduated and evidence-based responses and graduated incentives, and
offenders' outcomes.
(b)
The collected information shall be provided to the State Commission on Criminal
and Juvenile Justice not less frequently than annually on or before August 31.
(5)
Employees of the division who are POST certified as law enforcement officers or
correctional officers and who are designated as parole and probation officers by the
executive director have the following duties:
(a)
monitoring, investigating, and supervising a parolee's or probationer's compliance
with the conditions of the parole or probation agreement;
(b)
investigating or apprehending any offender who has escaped from the custody of the
department or absconded from supervision by the division;
(c)
supervising any offender during transportation; or
(d)
collecting DNA specimens when the specimens are required under Section
53-10-404
.
(6)
(a)
(i)
A monthly supervision fee of $30 shall be collected from each offender on
probation or parole.
(ii)
The fee described in Subsection
(6)(a)(i)
may be suspended or waived by the
division upon a showing by the offender that imposition would create a substantial
hardship or if the offender owes restitution to a victim.
(b)
(i)
The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, specifying the criteria for suspension or waiver
of the supervision fee and the circumstances under which an offender may request
a hearing.
(ii)
In determining whether the imposition of the supervision fee would constitute a
substantial hardship, the division shall consider the financial resources of the
offender and the burden that the fee would impose, with regard to the offender's
other obligations.
(c)
The division shall deposit money received from the monthly supervision fee
established in this Subsection
(6)
into the General Fund as a parole and probation
dedicated credit to be used to cover costs incurred in the collection of the fee and in
the development of offender supervision programs.
(7)
(a)
For offenders placed on probation under Section
77-18-105
or parole under
Subsection
76-3-202(2)(a)
on or after October 1, 2015, but before January 1, 2019,
the division shall establish a program allowing an offender to earn a reduction credit
of 30 days from the offender's period of probation or parole for each month the
offender complies with the terms of the offender's probation or parole agreement,
including the case action plan.
(b)
(i)
For offenders placed on probation under Section
77-18-105
or parole under
Section
76-3-202
on or after July 1, 2026, the division shall establish a program,
consistent with the adult sentencing and supervision length guidelines, as defined
in Section
63M-7-401.1
, to provide incentives for an offender that maintains
eligible employment, as defined in Section
64-13g-101
.
(ii)
The program under Subsection
(7)(b)(i)
may include a credit towards the
reduction of the length of supervision for an offender at a rate of up to 30 days for
each month that the offender maintains eligible employment, as defined in Section
64-13g-101
.
(iii)
A court, or the Board of Pardons and Parole, is not required to grant a request for
termination of supervision under the program described in this Subsection
(7)(b)
if
the court, or the Board of Pardons and Parole, finds that:
(A)
the offender presents a substantial risk to public safety;
(B)
termination would prevent the offender from completing risk reduction
programming or treatment; or
(C)
the eligibility criteria for termination of supervision, as established in the adult
sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
, have not been met.
(iv)
This Subsection
(7)(b)
does not prohibit the division, or another supervision
services provider, from requesting termination of supervision based on the
eligibility criteria in the adult sentencing and supervision length guidelines, as
defined in Section
63M-7-401.1
.
(c)
The division shall:
(i)
maintain a record of credits earned by an offender under this Subsection
(7)
; and
(ii)
request from the court or the Board of Pardons and Parole the termination of
probation or parole not fewer than 30 days prior to the termination date that
reflects the credits earned under this Subsection
(7)
.
(d)
This Subsection
(7)
does not prohibit the division from requesting a termination date
earlier than the termination date established by earned credits under Subsection
(7)(c)
.
(e)
The court or the Board of Pardons and Parole shall terminate an offender's probation
or parole upon completion of the period of probation or parole accrued by time
served and credits earned under this Subsection
(7)
unless the court or the Board of
Pardons and Parole finds that termination would interrupt the completion of a
necessary treatment program, in which case the termination of probation or parole
shall occur when the treatment program is completed.
(f)
The department shall report annually to the State Commission on Criminal and
Juvenile Justice on or before August 31:
(i)
the number of offenders who have earned probation or parole credits under this
Subsection
(7)
in one or more months of the preceding fiscal year and the
percentage of the offenders on probation or parole during that time that this
number represents;
(ii)
the average number of credits earned by those offenders who earned credits;
(iii)
the number of offenders who earned credits by county of residence while on
probation or parole;
(iv)
the cost savings associated with sentencing reform programs and practices; and
(v)
a description of how the savings will be invested in treatment and
early-intervention programs and practices at the county and state levels.
(8)
(a)
The department shall coordinate with a local mental health authority to complete
the requirements of this Subsection
(8)
for an offender who:
(i)
is a habitual offender as that term is defined in Section
77-18-102
;
(ii)
has a mental illness as that term is defined in Section
26B-5-301
; and
(iii)
based on a risk and needs assessment:
(A)
is at a high risk of reoffending; and
(B)
has risk factors that may be addressed by available community-based services.
(b)
For an offender described in Subsection
(8)(a)
, at any time clinically appropriate or
at least three months before termination of an offender's parole or expiration of an
offender's sentence, the department shall coordinate with the Department of Health
and Human Services and the relevant local mental health authority to provide
applicable clinical assessments and transitional treatment planning and services for
the offender so that the offender may receive appropriate treatment and support
services after the termination of parole or expiration of sentence.
(c)
The local mental health authority may determine whether the offender:
(i)
meets the criteria for civil commitment;
(ii)
meets the criteria for assisted outpatient treatment; or
(iii)
would benefit from assignment to an assertive community treatment team or
available community-based services.
(d)
Based on the local mental health authority's determination under Subsection
(8)(c)
,
the local mental health authority shall, as appropriate:
(i)
initiate an involuntary commitment court proceeding;
(ii)
file a written application for assisted outpatient treatment; or
(iii)
seek to have the offender assigned to an assertive community treatment team or
available community-based services.
(e)
On or before November 1, 2025, the department shall provide a report to the Law
Enforcement and Criminal Justice Interim Committee regarding any proposed
changes to the requirements in this Subsection
(8)
, including whether the
requirements of this Subsection
(8)
should also apply to any other category of
offenders.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-30-26 8:56 AM