Corrections Amendments

29
64-13-1
64-13-6
64-13-14
64-13-24
64-14-204
72-10-903
77-32b-102
77-38b-304
64-13-1
64-13-6
64-13-14
64-13-24
64-14-204
72-10-903
77-32b-102
77-38b-304
0
Corrections Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
House Sponsor: Jefferson S. Burton
LONG TITLE
General Description:
This bill addresses provisions related to correctional facilities.
Highlighted Provisions:
This bill:
amends provisions related to direct supervision;
amends the criminal offense of unlawful operation of an unmanned aircraft near a
correctional facility by prohibiting an individual from removing any item from inside the
property of a correctional facility;
removes unpaid probation and parole supervision fees from an offender's criminal
accounts receivable and requires the Department of Corrections to turn any unpaid
supervision fees to the Office of State Debt Collection; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
64-13-1
, as last amended by Laws of Utah 2023, Chapters 177, 322 and 414
64-13-6
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
64-13-14
, as last amended by Laws of Utah 2024, Chapter 16
64-13-24
, as last amended by Laws of Utah 2021, Chapter 246
64-14-204
, as renumbered and amended by Laws of Utah 2025, Chapter 214
72-10-903
, as last amended by Laws of Utah 2023, Chapter 16 and renumbered and
amended by Laws of Utah 2023, Chapter 216
77-32b-102
, as last amended by Laws of Utah 2025, Chapter 214
77-38b-304
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
64-13-1
is amended to read:
64-13-1
. Definitions.
As used in this chapter:
(1)
"Behavioral health transition facility" means a nonsecure correctional facility operated
by the department for the purpose of providing a therapeutic environment for offenders
receiving mental health services.
(2)
"Case action plan" means a document developed by the Department of Corrections that
identifies:
(a)
the program priorities for the treatment of the offender, including the criminal risk
factors as determined by risk, needs, and responsivity assessments conducted by the
department; and
(b)
clearly defined completion requirements.
(3)
"Community correctional center" means a nonsecure correctional facility operated by
the department, but does not include a behavioral health transition facility for the
purposes of Section
64-13f-103
.
(4)
"Correctional facility" means any facility operated to house offenders in a secure or
nonsecure setting:
(a)
by the department; or
(b)
under a contract with the department.
(5)
"Criminal risk factors" means an individual's characteristics and behaviors that:
(a)
affect the individual's risk of engaging in criminal behavior; and
(b)
are diminished when addressed by effective treatment, supervision, and other support
resources, resulting in a reduced risk of criminal behavior.
(6)
"Department" means the Department of Corrections.
(7)
"Direct supervision" means a housing and supervision system that is designed to meet
the goals described in Subsection
64-13-14(5)
and has the elements described in
Subsection
64-13-14(6)
.
(8)
(7)
"Emergency" means any riot, disturbance, homicide, inmate violence occurring in
any correctional facility, or any situation that presents immediate danger to the safety,
security, and control of the department.
(9)
(8)
"Evidence-based" means a program or practice that has had multiple randomized
control studies or a meta-analysis demonstrating that the program or practice is effective
for a specific population or has been rated as effective by a standardized program
evaluation tool.
(10)
(9)
"Evidence-informed" means a program or practice that is based on research and
the experience and expertise of the department.
(11)
(10)
"Executive director" means the executive director of the Department of
Corrections.
(12)
(11)
"Inmate" means an individual who is:
(a)
committed to the custody of the department; and
(b)
housed at a correctional facility or at a county jail at the request of the department.
(13)
(12)
"Offender" means an individual who has been convicted of a crime for which the
individual may be committed to the custody of the department and is at least one of the
following:
(a)
committed to the custody of the department;
(b)
on probation; or
(c)
on parole.
(14)
(13)
"Recidivism" means a return to criminal activity after a previous criminal
conviction.
(15)
(14)
"Restitution" means the same as that term is defined in Section
77-38b-102
.
(16)
(15)
"Risk and needs assessment" means an actuarial tool validated on criminal
offenders that determines:
(a)
an individual's risk of reoffending; and
(b)
the criminal risk factors that, when addressed, reduce the individual's risk of
reoffending.
(17)
(16)
"Secure correctional facility" means any prison, penitentiary, or other institution
operated by the department or under contract for the confinement of offenders, where
force may be used to restrain an offender if the offender attempts to leave the institution
without authorization.
(18)
(17)
"Serious illness" means, as determined by the inmate's physician, an illness that
substantially impairs the inmate's quality of life.
(19)
(18)
"Serious injury" means, as determined by the inmate's physician, bodily injury
that involves a substantial risk of death, prolonged unconsciousness, prolonged and
obvious disfigurement, or prolonged loss or impairment of the function of a bodily
member, organ, or mental faculty.
(20)
(19)
"State-issued driver license" means a driver license issued in accordance with
Title 53, Chapter 3, Part 2, Driver Licensing Act
, or an equivalent issued by another
state.
(21)
(20)
"State-issued identification card" means an identification card issued in
accordance with
Title 53, Chapter 3, Part 8, Identification Card Act
, or an equivalent
issued by another state.
Section 2. Section
64-13-6
is amended to read:
64-13-6
. Department duties.
(1)
The department shall:
(a)
protect the public through institutional care and confinement, and supervision in the
community of offenders where appropriate;
(b)
implement court-ordered punishment of offenders;
(c)
provide evidence-based and evidence-informed program opportunities for offenders
designed to reduce offenders' criminogenic and recidivism risks, including
behavioral, cognitive, educational, and career-readiness program opportunities;
(d)
ensure that offender participation in all program opportunities described in
Subsection
(1)(c)
is voluntary;
(e)
where appropriate, utilize offender volunteers as mentors in the program
opportunities described in Subsection
(1)(c)
;
(f)
provide treatment for sex offenders who are found to be treatable based upon criteria
developed by the department;
(g)
provide the results of ongoing clinical assessment of sex offenders and objective
diagnostic testing to sentencing and release authorities;
(h)
manage programs that take into account the needs and interests of victims, where
reasonable;
(i)
through the Division of Adult Probation and Parole created in Section
64-14-202
,
supervise probationers and parolees as directed by statute and implemented by the
courts and the Board of Pardons and Parole;
(j)
subject to Subsection
(2)
, investigate criminal conduct involving offenders
incarcerated in a state correctional facility;
(k)
cooperate and exchange information with other state, local, and federal law
enforcement agencies to achieve greater success in prevention and detection of crime
and apprehension of criminals;
(l)
implement the provisions of Title
77, Chapter 28c
, Interstate Compact for Adult
Offender Supervision;
(m)
establish a case action plan based on appropriate validated risk, needs, and
responsivity assessments for each offender as follows:
(i)
(A)
if an offender is to be supervised in the community, the department shall
establish a case action plan for the offender no later than 60 days after the day
on which the department's community supervision of the offender begins; and
(B)
if the offender is committed to the custody of the department, the department
shall establish a case action plan for the offender no later than 90 days after the
day on which the offender is committed to the custody of the department;
(ii)
each case action plan shall:
(A)
integrate an individualized, evidence-based, and evidence-informed treatment
and program plan with clearly defined completion requirements; and
(B)
require that a case manager will:
(I)
ensure that an assessment of the education level, occupational interests, and
aptitudes of the inmate has been completed;
(II)
refer the inmate to a higher education student advisor at an institution
offering programs consistent with the inmate's interests and aptitudes for
advisement on educational preferences and plans;
(III)
incorporate the inmate's interests, aptitudes, and student advisement into
an education plan consistent with the guidance provided by the Higher
Education and Corrections Council created in Section
53H-1-604
; and
(IV)
refer the inmate to the student advisor at the institution called for in the
case action plan for guidance and assistance with the education process;
(iii)
the department shall share each newly established case action plan with the
sentencing and release authority within 30 days after the day on which the case
action plan is established; and
(iv)
the department shall share any changes to a case action plan, including any
change in an offender's risk assessment, with the sentencing and release authority
within 30 days after the day of the change;
(n)
ensure that an inmate has reasonable access to legal research;
(o)
ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section
63G-22-102
, complies with Title
63G, Chapter 22
, State Training and Certification Requirements, if the training or
certification is required:
(i)
under this title;
(ii)
by the department; or
(iii)
by an agency or division within the department;
(p)
when reporting on statewide recidivism, include the metrics and requirements
described in Section
63M-7-102
;
(q)
create a reentry division that focuses on the successful reentry of inmates into the
community, which shall include:
(i)
screening and assessments for an inmate's risks and needs;
(ii)
individualized plans and case management;
(iii)
quality treatment, education, and job preparation;
(iv)
community partnerships; and
(v)
comprehensive release planning before the inmate's release, including:
(A)
coordination with support services; and
(B)
coordination with one or more family members or friends, if the inmate has
given permission to contact specific individuals for this purpose;
(r)
coordinate with the Board of Pardons and Parole regarding inmate records that are
necessary for the Board of Pardons and Parole to make necessary determinations
regarding an inmate; and
(s)
ensure that inmate records regarding discipline, programs, and other relevant metrics
are:
(i)
complete and updated in a timely manner; and
(ii)
when applicable, shared with the Board of Pardons and Parole in a timely manner.
(2)
In accordance with department policy, the department may conduct criminal
investigations regarding an allegation that:
(a)
an offender has committed a criminal offense; or
(b)
an employee of the department has committed a criminal offense.
(3)
(a)
The executive director of the department, or the executive director's designee if
the designee possesses expertise in correctional programming, shall consult at least
annually with cognitive and career-readiness staff experts from the Utah system of
higher education and the State Board of Education to review the department's
evidence-based and evidence-informed treatment and program opportunities.
(b)
Beginning in the 2022 interim, the department shall provide an annual report to the
Law Enforcement and Criminal Justice Interim Committee regarding:
(i)
the department's implementation of and offender participation in evidence-based
and evidence-informed treatment and program opportunities designed to reduce
the criminogenic and recidivism risks of offenders over time; and
(ii)
the progress of the department's implementation of the inmate program
requirements described in Section
64-13-50
.
(4)
(a)
As used in this Subsection
(4)
:
(i)
(A)
"Accounts receivable" means any amount owed by an offender arising from
a criminal judgment that has not been paid.
(ii)
(B)
"Accounts receivable" includes unpaid fees, overpayments, fines,
forfeitures, surcharges, costs, interest, penalties, restitution to victims,
third-party claims, claims, reimbursement of a reward, and damages that an
offender is ordered to pay.
(C)
"Accounts receivable" does not include unpaid supervision fees.
(ii)
"Supervision fee" means the monthly fee collected under Subsection
64-14-204(6)

from an offender on probation or parole by the Division of Adult Probation and
Parole created in Section
64-14-202
.
(b)
The department shall collect and disburse, with any interest and any other costs
assessed under Section
64-14-204
, an accounts receivable for an offender during:
(i)
the parole period and any extension of that period in accordance with Subsection
(4)(c)
; and
(ii)
the probation period for which the court orders supervised probation and any
extension of that period by the department in accordance with Subsection
77-18-105(7)
.
(c)
(i)
If an offender has an unpaid balance of the offender's accounts receivable at the
time that the offender's sentence expires or terminates, the department shall be
referred to the sentencing court for the sentencing court to enter a civil judgment
of restitution and a civil accounts receivable as described in Section
77-18-114
.
(ii)
If the board makes an order for restitution within 60 days from the day on which
the offender's sentence expires or terminates, the board shall refer the order for
restitution to the sentencing court to be entered as a civil judgment of restitution as
described in Section
77-18-114
.
(d)
This Subsection
(4)
only applies to offenders sentenced before July 1, 2021.
(5)
(a)
The department may procure or adopt technology services to facilitate the
coordination of services and enhance accountability with agencies, local partners, and
community-based organizations that are involved with assisting individuals on
probation or parole.
(b)
If possible, the technology services described in Subsection
(5)(a)
shall:
(i)
maintain a single, secure client record with a unique identifier to ensure seamless
coordination and reduce duplication of services;
(ii)
notify authorized users of incoming service requests or referrals;
(iii)
provide secure access to information necessary to understanding and addressing
the needs of an individual, including the individual's service and care history;
(iv)
allow authorized users to exchange information with referring or collaborating
organizations through a secure and live chat feature; and
(v)
send and track individual referrals, store referral outcomes, and document
services provided.
Section 3. 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
may

implement an evidence-based direct supervision system in accordance with
Subsections
(5) and (6)
Subsection
(5)
.
(5)
A
If the department chooses to implement a
direct supervision system
in accordance
with Subsection
(4)
, the direct supervision system
shall
:
(a)
be designed to
meet the goals of:
(a)
(i)
reducing offender violence;
(b)
(ii)
enhancing offenders' participation in treatment, program, and work
opportunities;
(c)
(iii)
managing and reducing offender risk;
(d)
(iv)
promoting pro-social offender behaviors;
(e)
(v)
providing a tiered-housing structure that:
(i)
(A)
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)
(B)
houses similarly behaving offenders together; and
(f)
(vi)
reducing departmental costs
.
; and
(6)
(b)
A direct supervision system shall
include the following elements:
(a)
(i)
department staff will interact continuously with offenders to actively manage
offenders' behavior and to identify problems at early stages;
(b)
(ii)
department staff will use management techniques designed to prevent and
discourage negative offender behavior and encourage positive offender behavior;
(c)
(iii)
department staff will establish and maintain a professional supervisory
relationship with offenders; and
(d)
(iv)
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 4. Section
64-13-24
is amended to read:
64-13-24
. Standards for staff training.
(1)
To assure the safe and professional operation of correctional programs, the
department shall establish policies setting minimum standards for the basic training of
all staff upon employment, and the subsequent regular training of staff, including
training on
direct
appropriate
supervision and trauma-informed care.
(2)

The training standards of correctional officers who are designated as peace officers
shall be not less than those established by the Peace Officer Standards and Training
Council.
Section 5. 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 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.
(d)
Upon the termination or expiration of an offender's sentence who is on probation or
parole and has unpaid supervision fees, the department shall turn over the unpaid
supervision fees to the Office of State Debt Collection.
(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 6. Section
72-10-903
is amended to read:
72-10-903
. Unlawful operation of an unmanned aircraft near a correctional
facility.
(1)
An individual may not operate an unmanned aircraft system:
(a)
to carry or drop any item to or inside the property of a correctional facility;
or
(b)
in a manner that interferes with the operations or security of a correctional facility
; or
(c)
to remove any item from inside the property of a correctional facility
.
(2)
(a)
A violation of Subsection
(1)(a)
or (c)
is a third degree felony.
(b)
A violation of Subsection
(1)(b)
is a class B misdemeanor.
(3)
An operator of an unmanned aircraft system does not violate Subsection
(1)
if the
operator is:
(a)
an employee or contractor working on behalf of a mosquito abatement district
created pursuant to
Title 17B, Limited Purpose Local Government Entities - Special
Districts
, or
Title 17D, Limited Purpose Local Government Entities - Other Entities
;
and
(b)
acting in the course and scope of the operator's employment.
Section 7. Section
77-32b-102
is amended to read:
77-32b-102
. Definitions.
As used in this chapter:
(1)
"Board" means the Board of Pardons and Parole.
(2)
(a)
"Civil accounts receivable" means any amount of the criminal accounts receivable
that is owed by the defendant that has not been paid on or before the day on which:
(i)
the defendant's sentence is terminated; or
(ii)
the court enters an order for a civil accounts receivable under Subsection
77-18-114(1)
or
(2)
.
(b)
"Civil accounts receivable" does not include any amount of the criminal accounts
receivable that is owed by the defendant for restitution.
(3)
"Civil judgment of restitution" means any amount of the criminal accounts receivable
that is owed by the defendant for restitution that has not been paid on or before the day
on which the defendant's sentence is terminated.
(4)
(a)
"Criminal accounts receivable" means any amount owed by a defendant that arises
from a criminal judgment until:
(i)
the defendant's sentence terminates;
(ii)
the court enters an order for a civil accounts receivable under Subsection
77-18-114(1)
or
(2)
; or
(iii)
if the court requires the defendant, upon termination of the probation period for
the defendant, to continue to make payments on the criminal accounts as
described in Subsection
77-18-105(8)
, the defendant's sentence expires.
(b)
"Criminal accounts receivable" includes any unpaid:
(i)
fee
, including the monthly supervision fee described in Subsection
64-14-204(6)
;
(ii)
forfeiture;
(iii)
surcharge;
(iv)
cost;
(v)
interest;
(vi)
penalty;
(vii)
restitution;
(viii)
third party claim;
(ix)
reimbursement of a reward; and
(x)
damages.
(c)
"Criminal accounts receivable" does not include any unpaid monthly supervision fee
collected under Subsection
64-14-204(6)
from an offender on probation or parole by
the Division of Adult Probation and Parole created in Section
64-14-202
.
(5)
"Default" means a civil accounts receivable, a civil judgment of restitution, or a criminal
accounts receivable that is overdue by at least 90 days.
(6)
"Delinquent" means a civil accounts receivable, a civil judgment of restitution, or a
criminal account receivable that is overdue by more than 28 days but less than 90 days.
(7)
"Payment schedule" means the amount that is be paid by a defendant in installments, or
by a certain date, to satisfy a criminal accounts receivable for the defendant.
(8)
"Remit" or "remission" means to forgive or to excuse, in whole or in part, any unpaid
amount of a criminal accounts receivable.
(9)
"Restitution" means the same as that term is defined in Section
77-38b-102
.
Section 8. Section
77-38b-304
is amended to read:
77-38b-304
. Priority of payment disbursement.
(1)
The court, or the office, shall disburse a payment for restitution within 60 days after the
day on which the payment is received from the defendant if:
(a)
the victim has complied with Subsection
77-38b-203(2)
;
(b)
if the defendant has tendered a negotiable instrument, funds from the financial
institution are actually received;
(c)
the payment to the victim is at least $25, unless the payment is the final payment; and
(d)
there is no pending legal issue that would affect an order for restitution or the
distribution of restitution.
(2)
The court shall disburse money collected from a defendant for a criminal accounts
receivable in the following order of priority:
(a)
first, and except as provided in Subsection
(4)(b)
, to restitution owed by the
defendant in accordance with Subsection
(4)
;
(b)
second, to the cost of obtaining a DNA specimen from the defendant as described in
Subsection
(4)(b)
;
(c)
third, to any criminal fine or surcharge owed by the defendant;
(d)
fourth, to the cost owed by the defendant for a reward described in Section
77-32b-104
;
(e)
fifth, to the cost owed by the defendant for medical care, treatment, hospitalization,
and related transportation paid by a county correctional facility under Section
17-63-706
; and
(f)
sixth, to any other amount owed by the defendant.
(3)
When the office collects money from a defendant for a criminal accounts receivable, a
civil accounts receivable,
or
a civil judgment of restitution
, or past due monthly
supervision fees under Subsection
64-14-204(6)
, the office shall disburse the money in
the following order of priority:
(a)
first, to any past due amount owed to the department for the monthly supervision fee
under Subsection
64-14-204(6)
;
(b)
second, and except as provided in Subsection
(4)(b)
, to restitution owed by the
defendant in accordance with Subsection
(4)
;
(c)
third, to the cost of obtaining a DNA specimen from the defendant in accordance
with Subsection
(4)(b)
;
(d)
fourth, to any criminal fine or surcharge owed by the defendant;
(e)
fifth, to the cost owed by the defendant for a reward described in Section
77-32b-104
;
(f)
sixth, to the cost owed by the defendant for medical care, treatment, hospitalization
and related transportation paid by a county correctional facility under Section
17-63-706
; and
(g)
seventh, to any other amount owed by the defendant.
(4)
(a)
If a defendant owes restitution to more than one person or government agency at
the same time, the court, or the office, shall disburse a payment for restitution in the
following order of priority:
(i)
first, to the victim of the offense;
(ii)
second, to the Utah Office for Victims of Crime;
(iii)
third, any other government agency that has provided reimbursement to the
victim as a result of the defendant's criminal conduct; and
(iv)
fourth, any insurance company that has provided reimbursement to the victim as
a result of the defendant's criminal conduct.
(b)
If a defendant is required under Section
53-10-404
to reimburse the department for
the cost of obtaining the defendant's DNA specimen, the reimbursement for the cost
of obtaining the defendant's DNA specimen is the next priority after restitution to the
victim of the offense under Subsection
(4)(a)(i)
.
(c)
If a defendant is required to pay restitution to more than one victim, the court or the
office shall disburse a payment for restitution proportionally to each victim.
(5)
Notwithstanding the requirements for the disbursement of a payment under Subsection
(3)
or
(4)
, the office shall disburse money collected from a defendant to a debt that is a
part of a civil accounts receivable or civil judgment of restitution if:
(a)
a defendant has provided a written request to the office to apply the payment to the
debt; and
(b)
(i)
the payment will eliminate the entire balance of the debt, including any interest;
or
(ii)
after reaching a settlement, the payment amount will eliminate the entire agreed
upon balance of the debt, including any interest.
(6)
For a criminal accounts receivable, the department shall collect the current and past due
amount owed by a defendant for the monthly supervision fee under Subsection
64-14-204(6)(a)
until the court enters a civil accounts receivable on the civil judgment
docket under Section
77-18-114
.
(7)
(6)
Notwithstanding any other provision of this section:
(a)
the office may collect a fee, as described in Subsection
63A-3-502(4)
, from each
payment for a criminal accounts receivable, a civil accounts receivable, or a civil
judgment of restitution before disbursing the payment as described in this section; and
(b)
the office shall apply any payment collected through garnishment to the case for
which the garnishment was issued.
Section 9.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 9:24 AM