Read the full stored bill text
106
13-53-111
17-72-408
26B-4-1002
53-2a-104
53-5a-307
53-21-103
63A-16-1002
63A-17-809
63I-1-226
63I-1-253
63I-1-264
63I-1-267
63I-1-280
63I-2-264
63I-2-278
63M-7-102
63M-7-204
63M-7-210
63M-7-215
63M-7-216
63M-7-218
63M-7-405
64-13-14
64-13-25
64-14-204
67-5-37
77-20-103
77-27-32
77-36-2.2
78B-22-1001
13-53-111
17-72-408
26B-4-1002
53-2a-104
53-5a-307
53-21-103
63A-16-1002
63A-17-809
63I-1-226
63I-1-253
63I-1-264
63I-1-267
63I-1-280
63I-2-264
63I-2-278
63M-7-102
63M-7-204
63M-7-210
63M-7-215
63M-7-216
63M-7-218
63M-7-405
64-13-14
64-13-25
64-14-204
67-5-37
77-20-103
77-27-32
77-36-2.2
78B-22-1001
12
11
Statutorily Required Reports and Presentations Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin R. Musselman
House Sponsor: Ryan D. Wilcox
LONG TITLE
General Description:
This bill addresses reports and presentations made to legislative interim committees.
Highlighted Provisions:
This bill:
removes, due to expired statutory deadlines, requirements for a report or presentation to
the Law Enforcement and Criminal Justice Interim Committee;
removes the requirement for an annual presentation given to the Law Enforcement and
Criminal Justice Interim Committee from the Sentencing Commission regarding the
master offense list and collateral consequence guide;
requires the Sentencing Commission to publish the collateral consequence guide on the
State Commission on Criminal and Juvenile Justice's website each year;
requires the Sentencing Commission to create an annual offense report that lists and
briefly summarizes every criminal offense that was created, expanded, enhanced,
reduced, or eliminated during the previous legislative session and to post the report on
the Sentencing Commission's website;
removes the requirement for an annual report submitted to the Law Enforcement and
Criminal Justice Interim Committee from:
the Office of the Attorney General regarding a joint strike force to combat criminal
activity that may have a negative impact on the state's economy;
the Board of Pardons and Parole regarding certain metrics related to recidivism,
offender time under the board's jurisdiction, prison releases, parole revocations,
alignment with the sentencing guidelines in decisions, and reasons for any departures
from the sentencing guidelines in decisions;
the State Commission on Criminal and Juvenile Justice regarding prosecutorial data
collection;
the State Commission on Criminal and Juvenile Justice regarding the Pretrial Release
Programs Special Revenue Fund;
the State Commission on Criminal and Juvenile Justice regarding bail and court
appearance data;
the State Commission on Criminal and Juvenile Justice regarding progress made on
the goals of the Justice Reinvestment Initiative;
the Bureau of Criminal Identification regarding fees from the Concealed Weapons
Account; and
the Department of Corrections regarding supervision models used in state correctional
facilities;
removes the requirement for a report submitted to the Law Enforcement and Criminal
Justice Interim Committee and the Political Subdivisions Interim Committee from the
Division of Emergency Management regarding the emergency alert system throughout
the state;
removes the requirement for a report submitted to the Judiciary Interim Committee, the
Health and Human Services Interim Committee, the Law Enforcement and Criminal
Justice Interim Committee, and related appropriations subcommittees from the
Department of Corrections regarding certain information about Department of
Corrections programs;
removes the requirement for an annual report submitted to the Law Enforcement and
Criminal Justice Interim Committee, Utah Substance Use and Mental Health Advisory
Committee, and an advocacy agency designated by the governor from the State
Commission on Criminal and Juvenile Justice regarding certain statistics gathered from
county jails;
removes the requirement for an annual report submitted to the Law Enforcement and
Criminal Justice Interim Committee and the Utah Substance Use and Mental Health
Advisory Committee from the State Commission on Criminal and Juvenile Justice
regarding certain statistics gathered from the Department of Corrections;
enacts a sunset provision on a report from the Department of Corrections regarding
in-custody deaths;
enacts sunset provisions requiring an interim committee to review the following
subsections and sections that establish a report to an interim committee:
Subsection
26B-4-1002(5)
, regarding a report submitted by the Department of Health
and Human Services to the Health and Human Services Interim Committee and the
Law Enforcement and Criminal Justice Interim Committee on certain statistics
related to inmate health;
Section 53-28-403, regarding an annual report on crime in student housing;
Subsection 64-13-6(3)(b), regarding a report submitted by the Department of
Corrections to the Law Enforcement and Criminal Justice Interim Committee on
inmate programs;
Subsection 78A-2-109.5(6), regarding an annual report by the multi-agency strike
force to combat violent and other major felony crimes associated with illegal
immigration and human trafficking; and
Subsections
80-6-104(5)
and (6), regarding an annual report by the State Commission
on Criminal and Juvenile Justice on offenses committed by minors; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-53-111
, as last amended by Laws of Utah 2025, Chapter 51
17-72-408
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
26B-4-1002
, as renumbered and amended by Laws of Utah 2025, Chapter 88
53-2a-104
, as last amended by Laws of Utah 2022, Chapter 38
53-5a-307
, as renumbered and amended by Laws of Utah 2025, Chapter 208
53-21-103
, as last amended by Laws of Utah 2024, Chapter 345
63A-16-1002
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
63A-17-809
, as enacted by Laws of Utah 2023, Chapter 58
63I-1-226
, as last amended by Laws of Utah 2025, Chapters 47, 277 and 366
63I-1-253
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
63I-1-264
, as last amended by Laws of Utah 2025, Chapter 397
63I-1-267
, as last amended by Laws of Utah 2025, Chapter 277
63I-1-280
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
63I-2-264
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
63I-2-278
, as last amended by Laws of Utah 2025, Chapter 277
63M-7-102
, as last amended by Laws of Utah 2024, Chapter 208
63M-7-204
, as last amended by Laws of Utah 2025, Chapters 51, 135, 252, 494, and 510
63M-7-210
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
63M-7-215
, as last amended by Laws of Utah 2021, Second Special Session, Chapter 4
63M-7-216
, as last amended by Laws of Utah 2025, Chapter 252
63M-7-218
, as last amended by Laws of Utah 2025, Chapter 252
63M-7-405
, as last amended by Laws of Utah 2024, Chapter 208
64-13-14
, as last amended by Laws of Utah 2024, Chapter 16
64-13-25
, as last amended by Laws of Utah 2024, Chapter 16
64-14-204
, as renumbered and amended by Laws of Utah 2025, Chapter 214
67-5-37
, as last amended by Laws of Utah 2022, Chapter 201
77-20-103
, as last amended by Laws of Utah 2025, Chapter 243
77-27-32
, as last amended by Laws of Utah 2024, Chapter 208
77-36-2.2
, as last amended by Laws of Utah 2023, Chapter 447
78B-22-1001
, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
13-53-111
is amended to read:
13-53-111
. Recidivism reporting requirements.
(1)
On or before August 31 of each year, a residential vocational or life skills program shall
collect and report data on recidivism of participants to the State Commission on
Criminal and Juvenile Justice.
(2)
The report described in Subsection
(1)
shall include the metrics and requirements
described in Section
63M-7-102
.
(3)
The State Commission on Criminal and Juvenile Justice shall include the information
provided under this section in the report described in Subsection
63M-7-204(1)(x)
63M-7-204(1)(w)
.
Section 2. Section
17-72-408
is amended to read:
17-72-408
. County jail reporting requirements.
(1)
Each county jail shall submit a report to the commission before June 15 of each year
that includes, for the preceding calendar year:
(a)
the average daily prisoner population each month;
(b)
the number of prisoners in the county jail on the last day of each month who identify
as each race or ethnicity included in the Standards for Transmitting Race and
Ethnicity published by the United States Federal Bureau of Investigation;
(c)
the number of prisoners booked into the county jail;
(d)
the number of prisoners held in the county jail each month on behalf of each of the
following entities:
(i)
the Bureau of Indian Affairs;
(ii)
a state prison;
(iii)
a federal prison;
(iv)
the United States Immigration and Customs Enforcement; and
(v)
any other entity with which a county jail has entered a contract to house inmates
on the entity's behalf;
(e)
the number of prisoners that are denied pretrial release and held in the custody of the
county jail while the prisoner awaited final disposition of the prisoner's criminal
charges;
(f)
for each prisoner booked into the county jail:
(i)
the name of the agency that arrested the prisoner;
(ii)
the date and time the prisoner was booked into and released from the custody of
the county jail;
(iii)
if the prisoner was released from the custody of the county jail, the reason the
inmate was released from the custody of the county jail;
(iv)
if the prisoner was released from the custody of the county jail on a financial
condition, whether the financial condition was set by a county sheriff or a court;
(v)
the number of days the prisoner was held in the custody of the county jail before
disposition of the prisoner's criminal charges;
(vi)
whether the prisoner was released from the custody of the county jail before final
disposition of the prisoner's criminal charges; and
(vii)
the prisoner's state identification number;
(g)
the number of in-custody deaths that occurred at the county jail;
(h)
for each in-custody death:
(i)
the deceased's name, gender, race, ethnicity, age, and known or suspected medical
diagnosis or disability, if any;
(ii)
the date, time, and location of death;
(iii)
the law enforcement agency that detained, arrested, or was in the process of
arresting the deceased; and
(iv)
a brief description of the circumstances surrounding the death;
(i)
the known, or discoverable on reasonable inquiry, causes and contributing factors of
each of the in-custody deaths described in Subsection
(2)(g)
;
(j)
the county jail's policy for notifying an inmate's next of kin after the prisoner's
in-custody death;
(k)
the county jail policies, procedures, and protocols:
(i)
for treatment of a prisoner experiencing withdrawal from alcohol or substance use,
including use of opiates;
(ii)
that relate to the county jail's provision, or lack of provision, of medications used
to treat, mitigate, or address a prisoner's symptoms of withdrawal, including
methadone and all forms of buprenorphine and naltrexone; and
(iii)
that relate to screening, assessment, and treatment of a prisoner for a substance
use or mental health disorder, including the policies, procedures, and protocols
that implement the requirements described in Section
17-72-501
;
(l)
(i)
the number of prisoners whose screening described in Section
17-72-501
indicated the presence of a substance use disorder; and
(ii)
of the prisoners whose screening indicated the presence of a substance use
disorder, the number of prisoners who received medication under a medication
assisted treatment plan; and
(m)
any report the county jail provides or is required to provide under federal law or
regulation relating to prisoner deaths.
(2)
(a)
Subsection
(1)
does not apply to a county jail if the county jail:
(i)
collects and stores the data described in Subsection
(1)
; and
(ii)
enters into a memorandum of understanding with the commission that allows the
commission to access the data described in Subsection
(1)
.
(b)
The memorandum of understanding described in Subsection
(2)(a)(ii)
shall include a
provision to protect any information related to an ongoing investigation and comply
with all applicable federal and state laws.
(c)
If the commission accesses data from a county jail in accordance with Subsection
(2)(a)
, the commission may not release a report prepared from that data, unless:
(i)
the commission provides the report for review to:
(A)
the county jail; and
(B)
any arresting agency that is named in the report; and
(ii)
(A)
the county jail approves the report for release;
(B)
the county jail reviews the report and prepares a response to the report to be
published with the report; or
(C)
the county jail fails to provide a response to the report within four weeks after
the day on which the commission provides the report to the county jail.
(3)
The commission shall:
(a)
compile the information from the reports described in Subsection
(1)
;
(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;
(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; and
(d)
submit the compilation to the protection and advocacy agency designated by the
governor before November 1 of each year.
(4)
(3)
The commission may not provide access to or use a county jail's policies,
procedures, or protocols submitted under this section in a manner or for a purpose not
described in this section.
(5)
(4)
Upon request, a county jail shall make a report, including only the names and
causes of death of deceased inmates and the facility in which the deceased inmates were
being held in custody, available to the public.
Section 3. Section
26B-4-1002
is amended to read:
26B-4-1002
. Medical care for inmates -- Reporting of statistics.
(1)
The department shall:
(a)
for each health care facility owned or operated by the Department of Corrections,
assist the Department of Corrections in complying with Section
64-13-39
;
(b)
in coordination with the Department of Corrections, and as the Department of
Correction's agent:
(i)
create policies and procedures for providing comprehensive health care to inmates;
(ii)
provide inmates with comprehensive health care; and
(iii)
develop standard population indicators and performance measures relating to the
health of inmates;
(c)
collaborate with the Department of Corrections to comply with Section
64-13-25.1
;
and
(d)
contract with a telehealth psychiatric consultation provider to provide consultation
services to staff responsible for inmates' psychiatric care.
(2)
In providing the comprehensive health care described in Subsection
(1)(b)(ii)
, the
department may not, without entering into an agreement with the Department of
Corrections, provide, operate, or manage any treatment plans for inmates that are:
(a)
required to be provided, operated, or managed by the Department of Corrections in
accordance with Section
64-13-6
; and
(b)
not related to the comprehensive health care provided by the department.
(3)
Beginning July 1, 2023, and ending June 30, 2024, the department shall:
(a)
evaluate and study the use of medical monitoring technology and create a plan for a
pilot program that identifies:
(i)
the types of medical monitoring technology that will be used during the pilot
program; and
(ii)
eligibility for participation in the pilot program; and
(b)
make the indicators and performance measures described in Subsection
(1)(b)(iii)
available to the public through the Department of Corrections and the department
websites.
(4)
Beginning July 1, 2024, and ending June 30, 2029, the department shall implement the
pilot program.
(5)
The department shall submit to the Health and Human Services Interim Committee and
the Law Enforcement and Criminal Justice Interim Committee:
(a)
a report on or before October 1 of each year regarding the costs and benefits of the
pilot program;
and
(b)
a report that summarizes the indicators and performance measures described in
Subsection
(1)(b)(iii)
on or before October 1, 2024; and
(c)
(b)
an updated
a
report
on or
before October 1 of each year that compares the
indicators and
population
performance
measures
of
, described in Subsection
(1)(b)(iii)
, for
the most recent year to the
initial report described in Subsection
(5)(b)
indicators and performance measures detailed in the department's indicators and
performance measures report submitted in 2024
.
(6)
An inmate receiving comprehensive health care from the department remains in the
custody of the Department of Corrections.
Section 4. Section
53-2a-104
is amended to read:
53-2a-104
. Division duties -- Powers.
(1)
Subject to limitation by the Legislature as described in Subsection
53-2a-206(5)
, the
division shall:
(a)
respond to the policies of the governor and the Legislature;
(b)
perform functions relating to emergency management as directed by the governor or
by the commissioner, including:
(i)
coordinating with state agencies and local governments the use of personnel and
other resources of these governmental entities as agents of the state during an
interstate disaster in accordance with the Emergency Management Assistance
Compact described in Section
53-2a-402
;
(ii)
coordinating the requesting, activating, and allocating of state resources,
including use of state disaster response personnel in accordance with Section
53-2a-221
, during an intrastate disaster or a local state of emergency;
(iii)
receiving and disbursing federal resources provided to the state in a declared
disaster;
(iv)
appointing a state coordinating officer who is the governor's representative and
who shall work with a federal coordinating officer during a federally declared
disaster; and
(v)
appointing a state recovery officer who is the governor's representative and who
shall work with a federal recovery officer during a federally declared disaster;
(c)
prepare, implement, and maintain programs and emergency operation plans to
provide for:
(i)
prevention and minimization of injury and damage caused by disasters;
(ii)
prompt and effective response to and recovery from disasters;
(iii)
identification of areas particularly vulnerable to disasters;
(iv)
coordination of hazard mitigation and other preventive and preparedness
measures designed to eliminate or reduce disasters;
(v)
assistance to local officials, state agencies, and the business and public sectors, in
developing emergency action plans;
(vi)
coordination of federal, state, and local emergency activities;
(vii)
coordination of emergency operations plans with emergency plans of the federal
government;
(viii)
coordination of urban search and rescue activities;
(ix)
coordination of rapid and efficient communications in times of emergency; and
(x)
other measures necessary, incidental, or appropriate to this part;
(d)
coordinate with local officials, state agencies, and the business and public sectors in
developing, implementing, and maintaining a state energy emergency plan in
accordance with Section
53-2a-902
;
(e)
coordinate with state agencies regarding development and construction of state
buildings within a flood plain to ensure compliance with minimum standards of the
National Flood Insurance Program, 42 U.S.C. Chapter 50, Subchapter I, as described
in Section
53-2a-106
;
(f)
administer
Part 6, Disaster Recovery Funding Act
, in accordance with that part;
(g)
conduct outreach annually to agencies and officials who have access to IPAWS; and
(h)
coordinate with counties to ensure every county has the access and ability to send, or
a plan to send, IPAWS messages, including Wireless Emergency Alerts and
Emergency Alert System messages.
(2)
Every three years, organizations that have the ability to send IPAWS messages,
including emergency service agencies, public safety answering points, and emergency
managers shall send verification of Federal Emergency Management Agency training to
the Division.
(3)
(a)
The Department of Public Safety shall designate state geographical regions and
allow the political subdivisions within each region to:
(i)
coordinate planning with other political subdivisions, tribal governments, and as
appropriate, other entities within that region and with state agencies as
appropriate, or as designated by the division;
(ii)
coordinate grant management and resource purchases; and
(iii)
organize joint emergency response training and exercises.
(b)
The political subdivisions within a region designated in Subsection
(3)(a)
may not
establish the region as a new government entity in the emergency disaster declaration
process under Section
53-2a-208
.
(4)
The division may make rules in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to:
(a)
establish protocol for prevention, mitigation, preparedness, response, recovery, and
the activities described in Subsection
(3)
;
(b)
coordinate federal, state, and local resources in a declared disaster or local
emergency; and
(c)
implement provisions of the Emergency Management Assistance Compact as
provided in Section
53-2a-402
and
Title 53, Chapter 2a, Part 3, Statewide Mutual Aid
Act
.
(5)
The division may consult with the Legislative Management Committee, the Judicial
Council, and legislative and judicial staff offices to assist the division in preparing
emergency succession plans and procedures under
Title 53, Chapter 2a, Part 8,
Emergency Interim Succession Act
.
(6)
The division shall report annually in writing not later than October 31 to the Law
Enforcement and Criminal Justice, and Political Subdivisions Interim Committees
regarding the status of the emergency alert system in the state. The report shall include:
(a)
a status summary of the number of alerting authorities in Utah;
(b)
any changes in that number;
(c)
administrative actions taken; and
(d)
any other information considered necessary by the division.
Section 5. Section
53-5a-307
is amended to read:
53-5a-307
. Concealed firearm permit -- Fees -- Concealed Weapons Account.
(1)
(a)
An applicant for a concealed firearm permit shall pay:
(i)
before July 1, 2026, a fee of $25 at the time of filing an application; and
(ii)
on or after July 1, 2026, a fee set by the bureau at the time of filing an application.
(b)
A nonresident applicant shall pay:
(i)
before July 1, 2026, an additional $35 fee; and
(ii)
on or after July 1, 2026, an additional fee set by the bureau.
(c)
The bureau shall waive the initial fee for an applicant who is:
(i)
a law enforcement officer under Section
53-13-103
;
(ii)
an active duty service member;
(iii)
the spouse of an active duty service member; or
(iv)
a school employee.
(2)
(a)
A holder of a concealed firearm permit shall pay:
(i)
before July 1, 2026, $20 for a renewal fee for the permit; and
(ii)
on or after July 1, 2026, a renewal fee set by the bureau.
(b)
A nonresident holder of a concealed firearm permit shall pay:
(i)
before July 1, 2026, an additional $30 fee; and
(ii)
on or after July 1, 2026, an additional fee set by the bureau.
(3)
If a holder of a concealed firearm permit needs a replacement concealed firearm permit,
the holder shall pay:
(a)
before July 1, 2026, a $10 replacement fee for the permit; and
(b)
on or after July 1, 2026, a replacement fee set by the bureau.
(4)
(a)
The late fee for the renewal permit is:
(i)
before July 1, 2026, $7.50; and
(ii)
on or after July 1, 2026, a late fee set by the bureau.
(b)
As used in this section, "late fee" means the fee charged by the bureau for a renewal
submitted on a permit that has been expired for more than 30 days but less than one
year.
(5)
(a)
There is created a restricted account within the General Fund known as the
"Concealed Weapons Account."
(b)
The account shall be funded from fees collected under this section and Section
53-5a-308
.
(c)
Funds in the account may only be used to cover costs relating to:
(i)
the issuance of concealed firearm permits under this part; or
(ii)
the programs described in Subsection
26B-5-102(3)
and Section
26B-5-611
.
(d)
No later than 90 days after the end of the fiscal year, 50% of the excess of revenues
over expenditures for the fiscal year shall be transferred to the Suicide Prevention and
Education Fund, created in Section
26B-1-326
.
(6)
(a)
The bureau may collect any fees charged by an outside agency for additional
services required by statute as a prerequisite for issuance of a permit.
(b)
The bureau shall promptly forward any fees collected under Subsection
(6)(a)
to the
appropriate agency.
(7)
The bureau shall make an annual report in writing to the Legislature's Law
Enforcement and Criminal Justice Interim Committee on the amount and use of the fees
collected under this section and Section
53-5-707.5
.
Section 6. Section
53-21-103
is amended to read:
53-21-103
. Grants to first responder agencies -- Rulemaking.
(1)
The department may award grants to first responder agencies to provide mental health
resources in response to a:
(a)
request for proposal;
(b)
request for qualifications; or
(c)
program description that meets the criteria in Subsection
(2)
.
(2)
The request for proposal, request for qualifications, or program description received by
the department shall require mental health providers contracted or employed by the first
responder agency to have training and experience in working with first responders and
provide mental health resources.
(3)
An application from a first responder agency for a grant under this chapter shall provide
the following details:
(a)
a proposed plan to provide mental health resources to first responders in the first
responder agency;
(b)
the number of first responders to be served by the proposed plan;
(c)
how the proposed plan will ensure timely and effective provision of mental health
resources to first responders in the first responder agency;
(d)
the cost of the proposed plan; and
(e)
the sustainability of the proposed plan.
(4)
In evaluating a project proposal for a grant under this section, the department shall
consider:
(a)
the extent to which the first responders that will be served by the proposed plan are
likely to benefit from the proposed plan;
(b)
the cost of the proposed plan; and
(c)
the viability of the proposed plan.
(5)
A first responder agency may not apply for a grant to fund a program already in place.
However, a request for proposal to fund an expansion of an already existing program
shall, in addition to the requirements of Subsection
(4)
, provide:
(a)
the scope and cost of the agency's current program;
(b)
the number of additional first responders the expansion will serve; and
(c)
whether the expansion will provide mental health resources that the current program
does not provide.
(6)
The department shall prioritize grant funding for small first responder agencies, and
may also take into account whether the small first responder agency is or will participate
in the department-provided services described in Section
53-21-104.1
.
(7)
The department may adopt rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to administer this chapter.
(8)
The department shall
:
(a)
notify entities that may be eligible for a grant under this section about the grant
program
; and
.
(b)
on or before October 1, 2024, and October 1, 2025, provide a report to the Law
Enforcement and Criminal Justice Interim Committee that describes:
(i)
the number of entities that have been notified by the department about the grant
program under this section; and
(ii)
the number of grant applications that the department has received.
(9)
The department may assist a first responder agency in drafting a grant application under
this section.
(10)
The department may use up to 25% of the remaining grant funds under this section to
provide the mental health resources described in Section
53-21-104.1
.
Section 7. Section
63A-16-1002
is amended to read:
63A-16-1002
. Public safety portal.
(1)
The commission shall oversee the creation and management of a public safety portal for
information and data required to be reported to the commission and accessible to all
criminal justice agencies in the state.
(2)
The division shall assist with the development and management of the public safety
portal.
(3)
The division, in collaboration with the commission, shall create:
(a)
master standards and formats for information submitted to the public safety portal;
(b)
a gateway, bridge, website, or other method for reporting entities to provide the
information;
(c)
a master data management index or system to assist in the retrieval of information
from the public safety portal;
(d)
a protocol for accessing information in the public safety portal that complies with
state privacy regulations; and
(e)
a protocol for real-time audit capability of all data accessed from the public safety
portal by participating data source, data use entities, and regulators.
(4)
The public safety portal shall be the repository for the statutorily required data described
in:
(a)
Section
13-53-111
, Recidivism reporting requirements;
(b)
Section
17-72-408
, County jail reporting requirements;
(c)
Section
17E-2-201
, Criminal Justice Coordinating Councils reporting;
(d)
Section
26B-1-427
, Alcohol Abuse Tracking Committee;
(e)
Section
41-6a-511
, Courts to collect and maintain data;
(f)
Section
53-10-118
, Regarding driving under the influence data;
(g)
Section
53-25-301
, Reporting requirements for reverse-location warrants;
(h)
Section
53-25-202
, Sexual assault offense reporting requirements for law
enforcement agencies;
(i)
Section
53E-3-516
, School disciplinary and law enforcement action report;
(j)
Section
53-25-501
, Reporting requirements for seized firearms;
(k)
Section
53-25-502
, Law enforcement agency reporting requirements for certain
firearm data;
(l)
Section
63M-7-214
, Law enforcement agency grant reporting;
(m)
Section
63M-7-216
, Prosecutorial data collection;
(n)
Section
63M-7-216.1
, Prosecutorial data collection regarding certain prosecutions,
dismissals, and declinations to prosecute;
(o)
Section
63M-7-220
, Domestic violence data collection;
(p)
Section
64-14-204
, Supervision of sentenced offenders placed in community;
(q)
Section
64-13-25
, Standards for programs;
(r)
Section
64-13-45
, Department reporting requirements;
(s)
Section
64-13e-104
, County correctional facility reimbursement program for state
probationary inmates and state parole inmates;
(t)
Section
77-7-8.5
, Use of tactical groups;
(u)
Section
77-11b-404
, Forfeiture reporting requirements;
(v)
Section
77-20-103
, Release data requirements;
(w)
Section
77-22-2.5
, Court orders for criminal investigations;
(x)
Section
78A-2-109.5
, Court data collection on criminal cases;
(y)
Section
80-6-104
, Data collection on offenses committed by minors; and
(z)
any other statutes that require the collection of specific data and the reporting of that
data to the commission.
(5)
Before October 1, 2025, the commission shall report all data collected to the Law
Enforcement and Criminal Justice Interim Committee.
(6)
(5)
The commission may:
(a)
enter into contracts with private or governmental entities to assist entities in
complying with the data reporting requirements of Subsection
(4)
; and
(b)
make, in accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking
Act, rules to administer this section, including establishing requirements and
procedures for collecting the data described in Subsection
(4)
.
Section 8. Section
63A-17-809
is amended to read:
63A-17-809
. Guidance and data collection regarding employment of individuals
with criminal histories.
(1)
The division shall:
(a)
(1)
provide information and guidance to agencies encouraging the hiring of individuals
with criminal histories, including:
(i)
(a)
skills developed during incarceration through the Division of Correctional
Industries and any other relevant program; and
(ii)
(b)
guidelines to determine whether an applicant's conviction, disclosed in
accordance with Section
34-52-201
, is a job-related conviction; and
(b)
(2)
ensure that agency job opportunities available to individuals with criminal histories
are included in the web portal.
(2)
On or before October 1, 2024, the division shall provide a written report to the Law
Enforcement and Criminal Justice Interim Committee describing the efforts described in
Subsection
(1)
.
Section 9. Section
63I-1-226
is amended to read:
63I-1-226
. Repeal dates: Titles 26 through 26B.
(1)
Subsection
26B-1-204(2)(g)
, regarding the Youth Electronic Cigarette, Marijuana, and
Other Drug Prevention Committee, is repealed July 1, 2030.
(2)
Subsection
26B-1-204(2)(h)
, regarding the Primary Care Grant Committee, is repealed
July 1, 2035.
(3)
Section
26B-1-315
, Medicaid ACA Fund, is repealed July 1, 2034.
(4)
Section
26B-1-318
, Brain and Spinal Cord Injury Fund, is repealed July 1, 2029.
(5)
Section
26B-1-402
, Rare Disease Advisory Council Grant Program -- Creation --
Reporting, is repealed July 1, 2026.
(6)
Section
26B-1-409
, Utah Digital Health Service Commission -- Creation -- Membership
-- Duties, is repealed July 1, 2025.
(7)
Section
26B-1-410
, Primary Care Grant Committee, is repealed July 1, 2035.
(8)
Section
26B-1-417
, Brain and Spinal Cord Injury Advisory Committee -- Membership
-- Duties, is repealed July 1, 2029.
(9)
Section
26B-1-422
, Early Childhood Utah Advisory Council -- Creation --
Compensation -- Duties, is repealed July 1, 2029.
(10)
Section
26B-1-425
, Utah Health Workforce Advisory Council -- Creation and
membership, is repealed July 1, 2027.
(11)
Section
26B-1-428
, Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
Committee and Program -- Creation -- Membership -- Duties, is repealed July 1, 2030.
(12)
Section
26B-1-430
, Coordinating Council for Persons with Disabilities -- Policy
regarding services to individuals with disabilities -- Creation -- Membership --
Expenses, is repealed July 1, 2027.
(13)
Section
26B-1-432
, Newborn Hearing Screening Committee, is repealed July 1, 2026.
(14)
Section
26B-2-407
, Drinking water quality in child care centers, is repealed July 1,
2027.
(15)
Subsection
26B-3-107(9)
, regarding reimbursement for dental hygienists, is repealed
July 1, 2028.
(16)
Section
26B-3-136
, Children's Health Care Coverage Program, is repealed July 1, 2025.
(17)
Section
26B-3-137
, Reimbursement for diabetes prevention program, is repealed June
30, 2027.
(18)
Subsection
26B-3-213(2)(b)
, regarding consultation with the Behavioral Health Crisis
Response Committee, is repealed December 31, 2026.
(19)
Section
26B-3-302
, DUR Board -- Creation and membership -- Expenses, is repealed
July 1, 2027.
(20)
Section
26B-3-303
, DUR Board -- Responsibilities, is repealed July 1, 2027.
(21)
Section
26B-3-304
, Confidentiality of records, is repealed July 1, 2027.
(22)
Section
26B-3-305
, Drug prior approval program, is repealed July 1, 2027.
(23)
Section
26B-3-306
, Advisory committees, is repealed July 1, 2027.
(24)
Section
26B-3-307
, Retrospective and prospective DUR, is repealed July 1, 2027.
(25)
Section
26B-3-308
, Penalties, is repealed July 1, 2027.
(26)
Section
26B-3-309
, Immunity, is repealed July 1, 2027.
(27)
Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July 1, 2034.
(28)
Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is repealed
July 1, 2034.
(29)
Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July 1, 2028.
(30)
Section
26B-3-910
, Alternative eligibility -- Report -- Alternative Eligibility
Expendable Revenue Fund, is repealed July 1, 2028.
(31)
Section
26B-4-710
, Rural residency training program, is repealed July 1, 2025.
(32)
Subsection
26B-4-1002(5)
, regarding a report submitted to the Health and Human
Services Interim Committee and the Law Enforcement and Criminal Justice Interim
Committee, is repealed January 1, 2030.
(32)
(33)
Subsection
26B-5-112(1)(b)
, regarding consultation with the Behavioral Health
Crisis Response Committee, is repealed December 31, 2026.
(33)
(34)
Subsection
26B-5-112(5)(b)
, regarding consultation with the Behavioral Health
Crisis Response Committee, is repealed December 31, 2026.
(34)
(35)
Section
26B-5-112.5
, Mobile Crisis Outreach Team Grant Program, is repealed
December 31, 2026.
(35)
(36)
Section
26B-5-114
, Behavioral Health Receiving Center Grant Program, is
repealed December 31, 2026.
(36)
(37)
Section
26B-5-118
, Collaborative care grant program, is repealed December 31,
2024.
(37)
(38)
Section
26B-5-120
, Virtual crisis outreach team grant program, is repealed
December 31, 2026.
(38)
(39)
Subsection
26B-5-609(1)(a)
, regarding the Behavioral Health Crisis Response
Committee, is repealed December 31, 2026.
(39)
(40)
Subsection
26B-5-609(3)(b)
, regarding the Behavioral Health Crisis Response
Committee, is repealed December 31, 2026.
(40)
(41)
Subsection
26B-5-610(1)(b)
, regarding the Behavioral Health Crisis Response
Committee, is repealed December 31, 2026.
(41)
(42)
Subsection
26B-5-610(2)(b)(ii)
, regarding the Behavioral Health Crisis Response
Committee, is repealed December 31, 2026.
(42)
(43)
Section
26B-5-612
, Integrated behavioral health care grant programs, is repealed
December 31, 2025.
(43)
(44)
Title 26B, Chapter 5, Part 7, Utah Behavioral Health Commission, is repealed
July 1, 2029.
(44)
(45)
Subsection
26B-5-704(2)(a)
, regarding the Behavioral Health Crisis Response
Committee, is repealed December 31, 2026.
(45)
(46)
Title 26B, Chapter 5, Part 8,
Utah Substance Use and Mental Health Advisory
Committee, is repealed January 1, 2033.
(46)
(47)
Section
26B-7-119
, Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
(47)
(48)
Section
26B-7-122
, Communication Habits to reduce Adolescent Threats Pilot
Program, is repealed July 1, 2029.
(48)
(49)
Section
26B-7-123
, Report on CHAT campaign, is repealed July 1, 2029.
(49)
(50)
Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1,
2026.
Section 10. Section
63I-1-253
is amended to read:
63I-1-253
. Repeal dates: Titles 53 through 53G.
(1)
Section
53-1-122
, Road Rage Awareness and Prevention Restricted Account, is
repealed July 1, 2028.
(2)
Section
53-2a-105
, Emergency Management Administration Council created --
Function -- Composition -- Expenses, is repealed July 1, 2029.
(3)
Section
53-2a-1103
, Search and Rescue Advisory Board -- Members -- Compensation,
is repealed July 1, 2030.
(4)
Section
53-2a-1104
, General duties of the Search and Rescue Advisory Board, is
repealed July 1, 2027.
(5)
Title 53, Chapter 2a, Part 15, Grid Resilience Committee
, is repealed July 1, 2027.
(6)
Section
53-2d-104
, State Emergency Medical Services Committee -- Membership --
Expenses, is repealed July 1, 2029.
(7)
Section
53-2d-503
, Establishment of maximum rates, is repealed July 1, 2027.
(8)
Section
53-5a-302
, Concealed Firearm Review Board -- Membership -- Compensation
-- Terms -- Duties, is repealed July 1, 2029.
(9)
Section
53-11-104
, Board, is repealed July 1, 2029.
(10)
Title
53, Chapter 31
, Department Interaction With Local Law Enforcement, is repealed
July 1, 2027.
(11)
Subsection
53C-3-203
(4)(b)(vii)
, regarding the distribution of money from the Land
Exchange Distribution Account to the Geological Survey for test wells and other
hydrologic studies in the West Desert, is repealed July 1, 2030.
(12)
Subsection
53E-1-201
(1)(q)
, regarding the Higher Education and Corrections Council,
is repealed July 1, 2027.
(13)
Subsection
53E-2-304
(6)
, regarding foreclosing a private right of action or waiver of
governmental immunity, is repealed July 1, 2027.
(14)
Subsection
53E-3-503
(5)
, regarding coordinating councils for youth in care, is
repealed July 1, 2027.
(15)
Subsection
53E-3-503
(6)
, regarding coordinating councils for youth in care, is
repealed July 1, 2027.
(16)
Subsection
53E-4-202
(8)(b)
, regarding a standards review committee, is repealed
January 1, 2028.
(17)
Section
53E-4-203
, Standards review committee, is repealed January 1, 2028.
(18)
Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission
, is
repealed July 1, 2033.
(19)
Subsection
53E-7-207
(7)
, regarding a private right of action or waiver of governmental
immunity, is repealed July 1, 2027.
(20)
Section
53F-5-215
, Elementary teacher preparation assessment grant, is repealed July
1, 2028.
(21)
Section
53F-5-219
, Local Innovations Civics Education Pilot Program, is repealed July
1, 2026.
(22)
Title 53F, Chapter 10, Part 2, Capital Projects Evaluation Panel
, is repealed July 1,
2027.
(23)
Subsection
53G-4-608
(2)(b)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(24)
Subsection
53G-4-608
(4)(b)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(25)
Section
53G-9-212
, Drinking water quality in schools, is repealed July 1, 2027.
(26)
Subsection
53G-9-703(4)
, regarding the parental video presentation concerning student
use of technology, is repealed January 1, 2030.
(27)
Subsection
53H-1-402(1)(j)
, regarding the Higher Education and Corrections Council,
is repealed July 1, 2027.
(28)
Section
53H-1-604
, Higher Education and Corrections Council, is repealed July 1,
2027.
(29)
Subsection
53H-4-210(3)
, regarding the creation of the SafeUT and School Safety
Commission, is repealed January 1, 2030.
(30)
Subsection
53H-4-210(4)
, regarding the appointment of the members of the SafeUT
and School Safety Commission, is repealed January 1, 2030.
(31)
Subsection
53H-4-210(5)
, regarding the attorney general designating the chair of the
SafeUT and School Safety Commission, is repealed January 1, 2030.
(32)
Subsection
53H-4-210(6)
, regarding the quorum requirements of the SafeUT and
School Safety Commission, is repealed January 1, 2030.
(33)
Subsection
53H-4-210(7)
, regarding a formal action of the SafeUT and School Safety
Commission, is repealed January 1, 2030.
(34)
Subsection
53H-4-210(8)
, regarding compensation for members of the SafeUT and
School Safety Commission, is repealed January 1, 2030.
(35)
Subsection
53H-4-210(9)
, regarding the support staff for the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(36)
Section
53H-4-306.1
, Definitions -- Electrification of Transportation Infrastructure
Research Center, is repealed July 1, 2028.
(37)
Section
53H-4-306.2
, Electrification of Transportation Infrastructure Research Center
-- Designation -- Duties, is repealed July 1, 2028.
(38)
Section
53H-4-306.3
, Electrification of Transportation Infrastructure Research Center
-- Steering committee, is repealed July 1, 2028.
(39)
Section
53H-4-306.4
, Electrification of Transportation Infrastructure Research Center
-- Industry advisory board, is repealed July 1, 2028.
(40)
Section
53H-4-306.5
, Electrification of Transportation Infrastructure Research Center
-- Duties of the project director, is repealed July 1, 2028.
(41)
Section
53H-4-306.6
, Electrification of Transportation Infrastructure Research Center
-- Project development and strategic objectives -- Reporting requirements, is repealed
July 1, 2028.
(42)
Section
53H-4-307.1
, Center for Civic Excellence, is repealed July 1, 2030.
(43)
Section
53H-4-307.2
, Center for Civic Excellence -- Duties -- Authority, is repealed
July 1, 2030.
(44)
Section
53H-4-307.3
, Center for Civic Excellence -- Leadership, is repealed July 1,
2030.
(45)
Section
53H-4-307.4
, Center for Civic Excellence -- Faculty, is repealed July 1, 2030.
(46)
Section
53H-4-307.5
, Center for Civic Excellence -- Curriculum, is repealed July 1,
2030.
(47)
Section
53H-4-307.6
, Center for Civic Excellence -- Oversight -- Reporting, is
repealed July 1, 2030.
(48)
Section
53H-4-313
, Food Security Council, is repealed July 1, 2027.
(49)
Section
53H-7-603
, Student housing crime reporting, is repealed January 1, 2031.
(49)
(50)
Section
53H-8-305
, Five-year performance goals, is repealed July 1, 2027.
(50)
(51)
Title
53H, Chapter 10, Part 4
, Education Savings Incentive Program, is repealed
July 1, 2028.
Section 11. Section
63I-1-264
is amended to read:
63I-1-264
. Repeal dates: Title 64.
(1)
Subsection
64-13-6(3)(b)
, regarding a report from the Department of Corrections to the
Law Enforcement and Criminal Justice Interim Committee, is repealed January 1, 2028.
(2)
Section
64-13-46.1
, Correctional Postnatal and Early Childhood Advisory Board, is
repealed July 1, 2027.
Section 12. Section
63I-1-267
is amended to read:
63I-1-267
. Repeal dates: Title 67.
(1)
Section
67-1-8.1
, Executive Residence Commission -- Recommendations as to use,
maintenance, and operation of executive residence, is repealed July 1, 2027.
(2)
Section
67-1-15
, Approval of international trade agreement -- Consultation with Utah
International Relations and Trade Commission, is repealed December 31, 2027.
(3)
Subsection
67-5-22.7(6)
, regarding an annual report by the multi-agency strike force to
combat violent and other major felony crimes associated with illegal immigration and
human trafficking, is repealed January 1, 2027.
(3)
(4)
Title 67, Chapter 5a, Utah Prosecution Council, is repealed July 1, 2027.
Section 13. Section
63I-1-280
is amended to read:
63I-1-280
. Repeal dates: Title 80.
Reserved.
Subsections
80-6-104(5)
and (6), regarding a report from the State
Commission on Criminal and Juvenile Justice, is repealed January 1, 2029.
Section 14. Section
63I-2-264
is amended to read:
63I-2-264
. Repeal dates: Title 64.
(1)
Section
64-13-25.1
(4), regarding reporting on continuation or discontinuation of a
medication assisted treatment plan, is repealed July 1, 2026.
(2)
Subsection
64-13-45(3)
, regarding a report from the Department of Corrections, is
repealed July 1, 2028.
Section 15. Section
63I-2-278
is amended to read:
63I-2-278
. Repeal dates: Titles 78A through 78B.
Reserved.
Subsection
78A-2-109.5(6)
, regarding a report from the Administrative
Office of the Courts to the Law Enforcement and Criminal Justice Interim Committee, is
repealed January 1, 2028.
Section 16. Section
63M-7-102
is amended to read:
63M-7-102
. Recidivism metrics -- Reporting.
(1)
(a)
The commission, the Department of Corrections, and the Board of Pardons and
Parole, when reporting data on statewide recidivism, shall include data reflecting the
recidivism standard metric.
(b)
(i)
On or before August 1, 2024, the commission shall reevaluate the recidivism
standard metric to determine whether new data streams allow for a broader
definition, which may include criminal convictions that do not include prison time.
(ii)
On or before November 1, 2024, the commission shall report to the Law
Enforcement and Criminal Justice Interim Committee:
(A)
the result of the reevaluation described in Subsection
(1)(b)(i)
; and
(B)
other recommendations regarding standardized recidivism metrics.
(2)
A report on statewide criminal recidivism may also include other information reflecting
available recidivism, intervention, or desistance data.
(3)
A criminal justice institution, agency, or entity required to report adult recidivism data
to the commission:
(a)
shall include:
(i)
a clear description of the eligible individuals, including:
(A)
the criminal population being evaluated for recidivism; and
(B)
the interventions that are being evaluated;
(ii)
a clear description of the beginning and end of the evaluation period; and
(iii)
a clear description of the events that are considered as a recidivism-triggering
event; and
(b)
may include supplementary data including:
(i)
the length of time that elapsed before a recidivism-triggering event described in
Subsection
(3)(a)(iii)
occurred;
(ii)
the severity of a recidivism-triggering event described in Subsection
(3)(a)(iii)
;
(iii)
measures of personal well-being, education, employment, housing, health, family
or social support, civic or community engagement, or legal involvement; or
(iv)
other desistance metrics that may capture an individual's behavior following the
individual's release from an intervention.
(4)
Unless otherwise specified in statute:
(a)
the evaluation period described in Subsection
(3)(a)(ii)
is three years; and
(b)
a recidivism-triggering event under Subsection
(3)(a)(iii)
shall include:
(i)
an arrest;
(ii)
an admission to prison;
(iii)
a criminal charge; or
(iv)
a criminal conviction.
Section 17. Section
63M-7-204
is amended to read:
63M-7-204
. Duties of commission.
(1)
The commission shall:
(a)
promote the commission's purposes as enumerated in Section
63M-7-201
;
(b)
promote the communication and coordination of all criminal and juvenile justice
agencies;
(c)
study, evaluate, and report on the status of crime in the state and on the effectiveness
of criminal justice policies, procedures, and programs that are directed toward the
reduction of crime in the state;
(d)
study, evaluate, and report on programs initiated by state and local agencies to
address reducing recidivism, including changes in penalties and sentencing
guidelines intended to reduce recidivism, costs savings associated with the reduction
in the number of inmates, and evaluation of expenses and resources needed to meet
goals regarding the use of treatment as an alternative to incarceration, as resources
allow;
(e)
study, evaluate, and report on policies, procedures, and programs of other
jurisdictions which have effectively reduced crime;
(f)
identify and promote the implementation of specific policies and programs the
commission determines will significantly reduce crime in Utah;
(g)
provide analysis and recommendations on all criminal and juvenile justice
legislation, state budget, and facility requests, including program and fiscal impact on
all components of the criminal and juvenile justice system;
(h)
provide analysis, accountability, recommendations, and supervision for state and
federal criminal justice grant money;
(i)
provide public information on the criminal and juvenile justice system and give
technical assistance to agencies or local units of government on methods to promote
public awareness;
(j)
promote research and program evaluation as an integral part of the criminal and
juvenile justice system;
(k)
provide a comprehensive criminal justice plan annually;
(l)
review agency forecasts regarding future demands on the criminal and juvenile
justice systems, including specific projections for secure bed space;
(m)
promote the development of criminal and juvenile justice information systems that
are consistent with common standards for data storage and are capable of
appropriately sharing information with other criminal justice information systems by:
(i)
developing and maintaining common data standards for use by all state criminal
justice agencies;
(ii)
annually performing audits of criminal history record information maintained by
state criminal justice agencies to assess their accuracy, completeness, and
adherence to standards;
(iii)
defining and developing state and local programs and projects associated with
the improvement of information management for law enforcement and the
administration of justice; and
(iv)
establishing general policies concerning criminal and juvenile justice information
systems and making rules as necessary to carry out the duties under Subsection
(1)(k)
and this Subsection
(1)(m)
;
(n)
allocate and administer grants, from money made available, for approved education
programs to help prevent the sexual exploitation of children;
(o)
allocate and administer grants for law enforcement operations and programs related
to reducing illegal drug activity and related criminal activity;
(p)
request, receive, and evaluate data and recommendations collected and reported by:
(i)
agencies and contractors related to policies recommended by the commission
regarding recidivism reduction, including the data described in Section
13-53-111
and Subsection
26B-5-102(2)(jj)
; and
(ii)
state agencies under Section
67-28-102
;
(q)
establish and administer a performance incentive grant program that allocates funds
appropriated by the Legislature to programs and practices implemented by counties
that reduce recidivism and reduce the number of offenders per capita who are
incarcerated;
(r)
oversee or designate an entity to oversee the implementation of juvenile justice
reforms;
(s)
make rules and administer the juvenile holding room standards and juvenile jail
standards to align with the Juvenile Justice and Delinquency Prevention Act
requirements pursuant to 42 U.S.C. Sec. 5633;
(t)
allocate and administer grants, from money made available, for pilot qualifying
education programs;
(u)
request, receive, and evaluate the aggregate data collected from prosecutorial
agencies and the Administrative Office of the Courts, in accordance with Sections
63M-7-216
,
63M-7-216.1
, and
78A-2-109.5
;
(v)
report annually to the Law Enforcement and Criminal Justice Interim Committee on
the progress made on each of the following goals of the Justice Reinvestment
Initiative:
(i)
ensuring oversight and accountability;
(ii)
supporting local corrections systems;
(iii)
improving and expanding reentry and treatment services; and
(iv)
strengthening probation and parole supervision;
(w)
(v)
compile a report of findings based on the data and recommendations provided
under Section
13-53-111
thatseparates the data provided under Section
13-53-111
by
each residential vocational or life skills program;
(x)
(w)
publish the report described in Subsection
(1)(w)
(1)(v)
on the commission's
website and annually provide the report to the Judiciary Interim Committee, the
Health and Human Services Interim Committee, the Law Enforcement and Criminal
Justice Interim Committee, and the related appropriations subcommittees;
(y)
(x)
receive, compile, and publish on the commission's website the data provided
under:
(i)
Section
53-25-202
;
(ii)
Section
53-25-301
; and
(iii)
Section
53-25-401
;
(z)
(y)
review, research, advise, and make recommendations to the three branches of
government regarding evidence-based sex offense management policies and
practices, including supervision standards, treatment standards, and the sex offender
registry;
(aa)
(z)
receive and evaluate a referral from the Department of Public Safety received
under Section
53-21-104.3
involving a denial of mental health resources to an
eligible individual, including, if appropriate in the commission's discretion, deny the
relevant entity from receiving any grant of state funds under Section
63M-7-218
for a
specified period of time; and
(bb)
(aa)
accept public comment.
(2)
(a)
The commission may designate an entity to perform the duties described in this
part.
(b)
If the commission designates an entity under Subsection
(2)(a)
, the commission shall
ensure that the membership of the designated entity includes representation from
relevant stakeholder groups from the parts of the justice system implicated in the
policy area.
(3)
In fulfilling the commission's duties under Subsection
(1)
, the commission may seek
input and request assistance from groups with knowledge and expertise in criminal
justice, including other boards and commissions affiliated or housed within the
commission.
Section 18. Section
63M-7-210
is amended to read:
63M-7-210
. Pilot program of competency-based career and technical education
grants.
(1)
As used in this section:
(a)
"Certificate program provider" means a technical college that provides
competency-based career and technical education.
(b)
"Commission" means the State Commission on Criminal and Juvenile Justice.
(c)
(i)
"Competency-based career and technical education" means career and technical
education that will result in appropriate licensing, certification, or other evidence
of completion of training and qualification for specific employment.
(ii)
"Competency-based career and technical education" includes services provided
under Section
53H-3-1203
.
(d)
"Qualifying education program" means a program overseen by a city or county
prosecutor office to provide for an individual obtaining:
(i)
a high school diploma or a Utah high school completion diploma as defined by
rule made by the State Board of Education in accordance with
Title 63G, Chapter
3, Utah Administrative Rulemaking Act
; or
(ii)
competency-based career and technical education.
(e)
"Technical college" means the same as that term is defined in Section
53H-1-101
.
(2)
In accordance with this section, the commission shall establish a pilot grant program for
fiscal year 2019 that funds the costs of two employees who:
(a)
are located in different prosecutor offices that operate in areas that have proximity to
a technical college; and
(b)
oversee a program that provides for participation in a qualifying education program
by an individual who is convicted of, pleads guilty to, or pleads no contest to a
misdemeanor or third degree felony:
(i)
as an alternative to incarceration;
(ii)
for a reduction of fines or court fees;
(iii)
for a two-step conviction reduction under Section
76-3-402
; or
(iv)
for a combination of the actions described in Subsections
(2)(b)(i)
through
(iii)
.
(3)
As a condition of participating in a qualifying education program under this section, an
individual shall:
(a)
comply with the requirements of the plea agreement entered into by the individual,
the prosecutor, and the court; and
(b)
work with a financial aid officer for a qualifying education program and pay the
tuition for the competency-based career and technical education charged by the
certificate program provider.
(4)
The commission will structure and administer the grant pilot program consistent with
other grant program requirements that the commission administers.
(5)
The commission shall compile a report regarding this grant pilot program based on
performance measures and provide the report by no later than November 30, 2020, to the
Law Enforcement and Criminal Justice Interim Committee, and the related
appropriations subcommittee.
Section 19. Section
63M-7-215
is amended to read:
63M-7-215
. Pretrial Release Programs Special Revenue Fund -- Funding -- Uses.
(1)
As used in this section:
(a)
"Commission" means the
State
Commission on Criminal and Juvenile Justice created
in Section
63M-7-201
.
(b)
"Fund" means the Pretrial Release Programs Special Revenue Fund created in this
section.
(2)
There is created an expendable special revenue fund known as the "Pretrial Release
Programs Special Revenue Fund."
(3)
The Division of Finance shall administer the fund in accordance with this section.
(4)
The fund shall consist of:
(a)
money collected and remitted to the fund under Section
77-20-403
;
(b)
appropriations from the Legislature;
(c)
interest earned on money in the fund; and
(d)
contributions from other public or private sources.
(5)
The commission shall award grants from the fund to county agencies and other agencies
the commission determines appropriate to assist counties with establishing and
expanding pretrial services programs that serve the purpose of:
(a)
assisting a court in making an informed decision regarding an individual's pretrial
release; and
(b)
providing supervision of an individual released from law enforcement custody on
conditions pending a final determination of a criminal charge filed against the
individual.
(6)
The commission may retain up to 3% of the money deposited into the fund to pay for
administrative costs incurred by the commission, including salary and benefits,
equipment, supplies, or travel costs that are directly related to the administration of this
section.
(7)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
commission shall establish a grant application and review process for the expenditure of
money from the fund.
(8)
The grant application and review process shall describe:
(a)
the requirements to complete the grant application;
(b)
requirements for receiving funding;
(c)
criteria for the approval of a grant application; and
(d)
support offered by the commission to complete a grant application.
(9)
Upon receipt of a grant application, the commission shall:
(a)
review the grant application for completeness;
(b)
make a determination regarding the grant application;
(c)
inform the grant applicant of the commission's determination regarding the grant
application; and
(d)
if approved, award grants from the fund to the grant applicant.
(10)
Before November 30 of each year, the commission shall provide an electronic report
to the Law Enforcement and Criminal Justice Interim Committee regarding the status of
the fund and expenditures made from the fund.
Section 20. Section
63M-7-216
is amended to read:
63M-7-216
. Prosecutorial data collection -- Policy transparency.
(1)
As used in this section:
(a)
"Commission" means the
State
Commission on Criminal and Juvenile Justice created
in Section
63M-7-201
.
(b)
(i)
"Criminal case" means a case where an offender is charged with an offense for
which a mandatory court appearance is required under the Uniform Bail Schedule.
(ii)
"Criminal case" does not mean a case for criminal non-support under Section
76-7-201
or any proceeding involving collection or payment of child support,
medical support, or child care expenses by or on behalf of the Office of Recovery
Services under Section
26B-9-108
or
76-7-202
.
(c)
"Offense tracking number" means a distinct number applied to each criminal offense
by the Bureau of Criminal Identification.
(d)
"Pre-filing diversion" means an agreement between a prosecutor and an individual
prior to being charged with a crime, before an information or indictment is filed, in
which the individual is diverted from the traditional criminal justice system into a
program of supervision and supportive services in the community.
(e)
"Post-filing diversion" is as described in Section
77-2-5
.
(f)
"Prosecutorial agency" means the Office of the Attorney General and any city,
county, or district attorney acting as a public prosecutor.
(g)
"Publish" means to make aggregated data available to the general public.
(2)
Beginning July 1, 2021, all prosecutorial agencies within the state shall submit the
following data with regards to each criminal case referred to it from a law enforcement
agency to the commission for compilation and analysis:
(a)
the defendant's:
(i)
full name;
(ii)
offense tracking number;
(iii)
date of birth; and
(iv)
zip code;
(b)
referring agency;
(c)
whether the prosecutorial agency filed charges, declined charges, initiated a
pre-filing diversion, or asked the referring agency for additional information;
(d)
if charges were filed, the case number and the court in which the charges were filed;
(e)
all charges brought against the defendant;
(f)
if applicable, all enhancements to the charges against the defendant;
(g)
whether bail was requested and, if so, the requested amount;
(h)
the date of initial discovery disclosure;
(i)
whether post-filing diversion was offered and, if so, whether it was entered;
(j)
if post-filing diversion or other plea agreement was accepted, the date entered by the
court; and
(k)
the date of conviction, acquittal, plea agreement, dismissal, or other disposition of
the case.
(3)
(a)
The information required by Subsection
(2)
, including information that was
missing or incomplete at the time of an earlier submission but is presently available,
shall be submitted within 90 days of the last day of March, June, September, and
December of each year for the previous 90-day period in the form and manner
selected by the commission.
(b)
If the last day of the month is a Saturday, Sunday, or state holiday, the information
shall be submitted on the next working day.
(4)
The prosecutorial agency shall maintain a record of all information collected and
transmitted to the commission for 10 years.
(5)
The commission shall include in the plan required by Subsection
63M-7-204(1)(k)
an
analysis of the data received, comparing and contrasting the practices and trends among
and between prosecutorial agencies in the state.
The Law Enforcement and Criminal
Justice Interim Committee may request an in-depth analysis of the data received
annually. Any request shall be in writing and specify which data points the report shall
focus on.
(6)
The commission may provide assistance to prosecutorial agencies in setting up a
method of collecting and reporting data required by this section.
(7)
Beginning January 1, 2021, all prosecutorial agencies shall publish specific office
policies. If the agency does not maintain a policy on a topic in this subsection, the
agency shall affirmatively disclose that fact. Policies shall be published online on the
following topics:
(a)
screening and filing criminal charges;
(b)
plea bargains;
(c)
sentencing recommendations;
(d)
discovery practices;
(e)
prosecution of juveniles, including whether to prosecute a juvenile as an adult;
(f)
collection of fines and fees;
(g)
criminal and civil asset forfeiture practices;
(h)
services available to victims of crime, both internal to the prosecutorial office and by
referral to outside agencies;
(i)
diversion programs; and
(j)
restorative justice programs.
Section 21. Section
63M-7-218
is amended to read:
63M-7-218
. State grant requirements.
(1)
Except as provided in Subsection
(2)
, the commission may not award a grant of state
funds to an entity subject to, and not in compliance with, the reporting requirements in
Subsection
63A-16-1002(4)
.
(2)
(a)
The commission may award a grant to an entity under Section
63A-16-1003
even
if the entity is not in compliance with the reporting requirements described in
Subsection
63A-16-1002(4)
.
(b)
Subsection
(1)
does not apply to the law enforcement reporting requirements for
certain firearm data described in Section
53-25-502
.
(3)
Beginning July 1, 2025, the commission may not award any grant of state funds to an
entity subject to the requirements under Sections
53-21-102
and
53-21-104.3
, if the
commission has determined under Subsection
63M-7-204
(1)(aa)
63M-7-204(1)(z)
that
the entity is currently not eligible to receive state grant funds under this section.
Section 22. Section
63M-7-405
is amended to read:
63M-7-405
. Master offense list -- Collateral consequences guide.
(1)
(a)
The sentencing commission shall create a master offense list.
(b)
On or before June 30 of each year, the sentencing commission shall
:
(i)
after the last day of the general legislative session, update the master offense list
;
and
(ii)
present the updated master offense list to the Law Enforcement and Criminal
Justice Interim Committee.
(1)
(a)
The sentencing commission shall create an annual offense report listing and
briefly summarizing every criminal offense that was created, expanded, enhanced,
reduced, or eliminated during the previous legislative session.
(b)
On or before June 30 of each year, the sentencing commission shall:
(i)
after the last day of the general legislative session, update the annual offense
report;
(ii)
provide the annual offense report to the commission; and
(iii)
publish the annual offense report on the commission's website.
(2)
(a)
The sentencing commission shall:
(i)
identify any provision of state law, including the Utah Constitution, and any
administrative rule that imposes a collateral consequence;
(ii)
prepare and compile a guide that contains all the provisions identified in
Subsection
(2)(a)(i)
; and
(iii)
update the guide described in Subsection
(2)(a)(ii)
annually
and publish the
guide on the commission's website
.
(b)
The sentencing commission shall state in the guide described in Subsection
(2)(a)
that:
(i)
the guide has not been enacted into law;
(ii)
the guide does not have the force of law;
(iii)
the guide is for informational purposes only;
(iv)
an error or omission in the guide, or in any reference in the guide:
(A)
has no effect on a plea, an adjudication, a conviction, a sentence, or a
disposition; and
(B)
does not prevent a collateral consequence from being imposed;
(v)
any laws or regulations for a county, a municipality, another state, or the United
States, imposing a collateral consequence are not included in the guide; and
(vi)
the guide does not include any provision of state law or any administrative rule
imposing a collateral consequence that is enacted on or after March 31 of each
year.
(c)
The sentencing commission shall:
(i)
place the statements described in Subsection
(2)(b)
in a prominent place at the
beginning of the guide; and
(ii)
make the guide available to the public on the sentencing commission's website.
(d)
The sentencing commission shall
:
(i)
present the updated guide described in Subsection
(2)(a)(iii)
annually to the Law
Enforcement and Criminal Justice Interim Committee; and
(ii)
identify and recommend legislation on collateral consequences to the Law
Enforcement and Criminal Justice Interim Committee.
Section 23. Section
64-13-14
is amended to read:
64-13-14
. Secure correctional facilities.
(1)
The department shall maintain and operate secure correctional facilities for the
incarceration of offenders.
(2)
For each compound of secure correctional facilities, as established by the executive
director, wardens shall be appointed as the chief administrative officers by the executive
director.
(3)
The department may transfer offenders from one correctional facility to another and
may, with the consent of the sheriff, transfer any offender to a county jail.
(4)
Where new or modified facilities are designed appropriately, the department shall
implement an evidence-based direct supervision system in accordance with Subsections
(5)
and
(6)
.
(5)
A direct supervision system shall be designed to meet the goals of:
(a)
reducing offender violence;
(b)
enhancing offenders' participation in treatment, program, and work opportunities;
(c)
managing and reducing offender risk;
(d)
promoting pro-social offender behaviors;
(e)
providing a tiered-housing structure that:
(i)
rewards an offender's pro-social behaviors and progress toward the completion
requirements of the offender's individual case action plan with less restrictive
housing and increased privileges; and
(ii)
houses similarly behaving offenders together; and
(f)
reducing departmental costs.
(6)
A direct supervision system shall include the following elements:
(a)
department staff will interact continuously with offenders to actively manage
offenders' behavior and to identify problems at early stages;
(b)
department staff will use management techniques designed to prevent and discourage
negative offender behavior and encourage positive offender behavior;
(c)
department staff will establish and maintain a professional supervisory relationship
with offenders; and
(d)
barriers separating department staff and offenders shall be removed.
(7)
(a)
Notwithstanding Subsection
(4)
, the department may implement a supervision
model other than the direct supervision model described in Subsection
(4)
if the
executive director:
(i)
determines that the direct supervision model endangers:
(A)
the health and safety of the inmates or correctional facility staff; or
(B)
the security of the correctional facility; and
(ii)
creates a policy detailing what the supervision model will be and why that model
will increase the health and safety of the inmates or correctional facility staff or
the security of the correctional facility over a direct supervision model.
(b)
The department shall post on the department's website:
(i)
the executive director's determinations regarding the dangers of using a direct
supervision model as described in Subsection
(7)(a)(i)
; and
(ii)
the policy detailing the supervision model to be used as described in Subsection
(7)(a)(ii)
.
(8)
The department shall provide an annual report to the Law Enforcement and Criminal
Justice Interim Committee regarding:
(a)
the status of the implementation of direct supervision; and
(b)
if applicable, the implementation of a supervision model other than the direct
supervision model as described in Subsection
(7)
.
Section 24. Section
64-13-25
is amended to read:
64-13-25
. Standards for programs -- Audits.
(1)
(a)
To promote accountability and to ensure safe and professional operation of
correctional programs, the department shall establish minimum standards for the
organization and operation of the department's programs, including collaborating
with the Department of Health and Human Services to establish minimum standards
for programs providing assistance for individuals involved in the criminal justice
system.
(b)
(i)
The department shall promulgate the standards according to state rulemaking
provisions.
(ii)
Those standards that apply to offenders are exempt from the provisions of Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(iii)
Offenders are not a class of persons under Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(c)
The standards shall provide for inquiring into and processing offender complaints.
(d)
(i)
The department shall establish minimum standards and qualifications for
treatment programs provided in county jails to which persons committed to the
state prison are placed by jail contract under Section
64-13e-103
.
(ii)
In establishing the standards and qualifications for the treatment programs, the
department shall:
(A)
consult and collaborate with the county sheriffs and the Office of Substance
Use and Mental Health; and
(B)
include programs demonstrated by recognized scientific research to reduce
recidivism by addressing an offender's criminal risk factors as determined by a
risk and needs assessment.
(iii)
All jails contracting to house offenders committed to the state prison shall meet
the minimum standards for treatment programs as established under this
Subsection
(1)(d)
.
(e)
(i)
The department shall establish minimum standards for sex offense treatment,
which shall include the requirements under Subsection
64-13-7.5(3)
regarding
licensure and competency.
(ii)
The standards shall require the use of evidence-based practices to address
criminal risk factors as determined by validated assessments.
(iii)
The department shall collaborate with the Office of Substance Use and Mental
Health to develop and effectively distribute the standards to jails and to mental
health professionals who desire to provide mental health treatment for sex
offenders.
(iv)
The department shall establish the standards by administrative rule in accordance
with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act.
(2)
(a)
The department shall establish a certification process for public and private
providers of treatment for sex offenders on probation or parole that requires the
providers' sex offense treatment practices meet the standards and practices
established under Subsection
(1)(e)(i)
with the goal of reducing sex offender
recidivism.
(b)
The department shall collaborate with the Office of Substance Use and Mental
Health to develop, coordinate, and implement the certification process.
(c)
The department shall base the certification process on the standards under Subsection
(1)(e)(i)
and require renewal of certification every two years.
(d)
All public and private providers of sex offense treatment, including those providing
treatment to offenders housed in county jails by contract under Section
64-13e-103
,
shall comply with the standards in order to begin receiving or continue receiving
payment from the department to provide sex offense treatment.
(e)
The department shall establish the certification program by administrative rule in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3)
The department:
(a)
shall establish performance goals and outcome measurements for all programs that
are subject to the minimum standards established under this section and collect data
to analyze and evaluate whether the goals and measurements are attained;
(b)
shall collaborate with the Office of Substance Use and Mental Health to develop and
coordinate the performance goals and outcome measurements, including recidivism
rates and treatment success and failure rates;
(c)
may use the data collected under Subsection
(3)(b)
(3)(a)
to make decisions on the
use of funds to provide treatment for which standards are established under this
section;
(d)
shall collaborate with the Office of Substance Use and Mental Health to track a
subgroup of participants to determine if there is a net positive result from the use of
treatment as an alternative to incarceration;
(e)
shall collaborate with the Office of Substance Use and Mental Health to evaluate the
costs, including any additional costs, and the resources needed to attain the
performance goals established for the use of treatment as an alternative to
incarceration; and
(f)
shall annually provide data collected under this Subsection
(3)
to the State
Commission on Criminal and Juvenile Justice on or before August 31.
(4)
The State Commission on Criminal and Juvenile Justice shall compile a written report
of the findings based on the data collected under Subsection
(3)
and provide the report to
the legislative Judiciary Interim Committee, the Health and Human Services Interim
Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
related appropriations subcommittees.
Section 25. 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 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)
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)
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)
.
(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
Office
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 26. Section
67-5-37
is amended to read:
67-5-37
. Multi-agency joint strike force -- Joint Organized Retail Crime Unit.
(1)
The Office of the Attorney General and the Department of Public Safety shall create and
coordinate the operation of a multi-agency joint strike force to combat criminal activity
that may have a negative impact on the state's economy.
(2)
The attorney general and the Department of Public Safety shall invite federal, state, and
local law enforcement personnel to participate in the joint strike force to more
effectively utilize their combined skills, expertise, and resources.
(3)
The joint strike force shall focus the joint strike force's efforts on detecting,
investigating, deterring, and eradicating criminal activity, described in Subsection
(1)
,
within the state, including organized retail crime, antitrust violations, intellectual
property rights violations, gambling, and the purchase of stolen goods for the purpose of
reselling the stolen goods for profit.
(4)
In conjunction with the joint strike force, the Office of the Attorney General and the
Department of Public Safety shall establish the Joint Organized Retail Crime Unit for
the purpose of:
(a)
investigating, apprehending, and prosecuting individuals or entities that participate in
the purchase, sale, or distribution of stolen property; and
(b)
targeting individuals or entities that commit theft and other property crimes for
financial gain.
(5)
(a)
The joint strike force shall provide an annual report to the Law Enforcement and
Criminal Justice Interim Committee before December 1 that describes the joint strike
force's activities and any recommendations for modifications to this section.
(b)
The report described in Subsection
(5)(a)
shall include the number of catalytic
converter thefts and arrests in Utah for the preceding calendar year, if reasonably
available.
Section 27. Section
77-20-103
is amended to read:
77-20-103
. Release data requirements.
(1)
The Administrative Office of the Courts shall submit the following data on cases
involving individuals for whom the Administrative Office of the Courts has a state
identification number broken down by judicial district to the Commission on Criminal
and Juvenile Justice before July 1 of each year:
(a)
for the preceding calendar year:
(i)
the number of individuals charged with a criminal offense who failed to appear at
a required court preceding while on pretrial release under each of the following
categories of release, separated by each type of release:
(A)
the individual's own recognizance;
(B)
a financial condition; and
(C)
a release condition other than a financial condition;
(ii)
the number of offenses that carry a potential penalty of incarceration an
individual committed while on pretrial release under each of the following
categories of release, separated by each type of release:
(A)
the individual's own recognizance;
(B)
a financial condition; and
(C)
a release condition other than a financial condition; and
(iii)
the total amount of fees and fines, including bond forfeiture, collected by the
court from an individual for the individual's failure to comply with a condition of
release under each of the following categories of release, separated by each type
of release:
(A)
an individual's own recognizance;
(B)
a financial condition; and
(C)
a release condition other than a financial condition; and
(b)
at the end of the preceding calendar year:
(i)
the total number of outstanding warrants of arrest for individuals who were
released from law enforcement custody on pretrial release under each of the
following categories of release, separated by each type of release:
(A)
the individual's own recognizance;
(B)
a financial condition; and
(C)
a release condition other than a financial condition;
(ii)
for each of the categories described in Subsection
(1)(b)(i)
, the average length of
time that the outstanding warrants had been outstanding; and
(iii)
for each of the categories described in Subsection
(1)(b)(i)
, the number of
outstanding warrants for arrest for crimes of each of the following categories:
(A)
a first degree felony;
(B)
a second degree felony;
(C)
a third degree felony;
(D)
a class A misdemeanor;
(E)
a class B misdemeanor; and
(F)
a class C misdemeanor.
(2)
The data described in Subsection
(1)
shall include cases involving pretrial release by a
temporary pretrial status order and a pretrial release order.
(3)
Each county jail shall submit the following data, based on the preceding calendar year,
to the Commission of Criminal and Juvenile Justice before July 1 of each year:
(a)
the number of individuals released upon payment of monetary bail before appearing
before a court;
(b)
the number of individuals released on the individual's own recognizance before
appearing before a court;
(c)
the amount of monetary bail, any fees, and any other money paid by or on behalf of
individuals collected by the county jail;
(d)
the number of individuals released as a result of overcrowding; and
(e)
the number of individuals released on pretrial release.
(4)
The Commission on Criminal and Juvenile Justice shall compile the data collected
under this section and shall submit the compiled data in an electronic report to the Law
Enforcement and Criminal Justice Interim Committee before November 1 of each year.
Section 28. Section
77-27-32
is amended to read:
77-27-32
. Reporting requirements.
(1)
The board shall publicly display metrics on the board's website, including:
(a)
(1)
a measure of recidivism;
(b)
(2)
a measure of time under board jurisdiction;
(c)
(3)
a measure of prison releases by category;
(d)
(4)
a measure of parole revocations;
(e)
(5)
a measure of alignment of board decisions with the adult sentencing and
supervision length guidelines, as defined in Section
63M-7-401.1
; and
(f)
(6)
a measure of the aggregate reasons for departing from the guidelines described in
Subsection
(1)(e)
(5)
.
(2)
On or before September 30 of each year, the board shall submit to the commission and
the Law Enforcement and Criminal Justice Interim Committee a report for the previous
fiscal year that summarizes the metrics in Subsection
(1)
.
Section 29. Section
77-36-2.2
is amended to read:
77-36-2.2
. Powers and duties of law enforcement officers to arrest -- Reports of
domestic violence cases -- Reports of parties' marital status.
(1)
The primary duty of law enforcement officers responding to a domestic violence call is
to protect the victim and enforce the law.
(2)
(a)
In addition to the arrest powers described in Section
77-7-2
, when a peace officer
responds to a domestic violence call and has probable cause to believe that an act of
domestic violence has been committed, the peace officer shall arrest without a
warrant or shall issue a citation to any person that the peace officer has probable
cause to believe has committed an act of domestic violence.
(b)
(i)
If the peace officer has probable cause to believe that there will be continued
violence against the alleged victim, or if there is evidence that the perpetrator has
either recently caused serious bodily injury or used a dangerous weapon in the
domestic violence offense, the officer shall arrest and take the alleged perpetrator
into custody, and may not utilize the option of issuing a citation under this section.
(ii)
For purposes of Subsection
(2)(b)(i)
, "serious bodily injury" and "dangerous
weapon" mean the same as those terms are defined in Section
76-1-101.5
.
(c)
If a peace officer does not immediately exercise arrest powers or initiate criminal
proceedings by citation or otherwise, the officer shall notify the victim of the right to
initiate a criminal proceeding and of the importance of preserving evidence, in
accordance with the requirements of Section
77-36-2.1
.
(3)
If a law enforcement officer receives complaints of domestic violence from two or more
opposing persons, the officer shall evaluate each complaint separately to determine who
the predominant aggressor was. If the officer determines that one person was the
predominant physical aggressor, the officer need not arrest the other person alleged to
have committed domestic violence. In determining who the predominant aggressor was,
the officer shall consider:
(a)
any prior complaints of domestic violence;
(b)
the relative severity of injuries inflicted on each person;
(c)
the likelihood of future injury to each of the parties; and
(d)
whether one of the parties acted in self defense.
(4)
A law enforcement officer may not threaten, suggest, or otherwise indicate the possible
arrest of all parties in order to discourage any party's request for intervention by law
enforcement.
(5)
(a)
A law enforcement officer who does not make an arrest after investigating a
complaint of domestic violence, or who arrests two or more parties, shall submit a
detailed, written report specifying the grounds for not arresting any party or for
arresting both parties.
(b)
A law enforcement officer who does not make an arrest shall notify the victim of the
right to initiate a criminal proceeding and of the importance of preserving evidence.
(6)
(a)
A law enforcement officer responding to a complaint of domestic violence shall
prepare an incident report that includes:
(i)
the officer's disposition of the case; and
(ii)
the results of any lethality assessment completed in accordance with Section
77-36-2.1
.
(b)
From January 1, 2009, until December 31, 2013, any law enforcement officer
employed by a city of the first or second class responding to a complaint of domestic
violence shall also report, either as a part of an incident report or on a separate form,
the following information:
(i)
marital status of each of the parties involved;
(ii)
social, familial, or legal relationship of the suspect to the victim; and
(iii)
whether or not an arrest was made.
(c)
The information obtained in Subsection
(6)(b)
:
(i)
shall be reported monthly to the department;
(ii)
shall be reported as numerical data that contains no personal identifiers; and
(iii)
is a public record as defined in Section
63G-2-103
.
(d)
The incident report shall be made available to the victim, upon request, at no cost.
(e)
The law enforcement agency shall forward a copy of the incident report to the
appropriate prosecuting attorney within five days after the complaint of domestic
violence occurred.
(7)
The department shall compile the information described in Subsections
(6)(b)
and
(c)
into a report and present that report to the Law Enforcement and Criminal Justice
Interim Committee during the 2013 interim, no later than May 31, 2013.
(8)
(7)
Each law enforcement agency shall, as soon as practicable, make a written record
and maintain records of all incidents of domestic violence reported to it, and shall be
identified by a law enforcement agency code for domestic violence.
Section 30. Section
78B-22-1001
is amended to read:
78B-22-1001
. Verification of indigency -- Pilot program.
(1)
Beginning on July 1, 2022, and ending on June 30, 2025, an indigent defense system in
Cache County, Davis County, Duchesne County, and San Juan County shall conduct a
pilot program to verify the indigency of individuals who were provided indigent defense
services by the indigent defense system, except as provided in Subsection
(5)
(4)
.
(2)
Under the pilot program described in Subsection
(1)
, the indigent defense system shall
review and verify financial information in a statistically significant sample of cases for
each calendar year where, except as provided in Subsection
(5)
(4)
:
(a)
an individual was found to be indigent by a court; and
(b)
the indigent defense system provided indigent defense services to the individual.
(3)
To verify financial information under Subsection
(2)
, the indigent defense system may
require an individual to provide financial documentation or proof demonstrating that the
individual qualifies as indigent under Section
78B-22-202
.
(4)
An indigent defense system described in Subsection
(1)
shall report to the Judiciary
Interim Committee and the Law Enforcement and Criminal Justice Interim Committee,
concerning the results of the pilot program described in this section, on or before
November 1 of each year of the three-year pilot program.
(5)
(4)
This section does not apply to a minor, who is appointed an indigent defense
service provider, or the minor's parent or legal guardian.
Section 31.
Effective Date.
This bill takes effect on
May 6, 2026
.
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