Recidivism Amendments

14
64-14-301
64-14-302
64-14-303
0
Recidivism Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Tyler Clancy
LONG TITLE
General Description:
This bill amends the Adult Probation and Parole Employment Incentive Program.
Highlighted Provisions:
This bill:
defines terms;
modifies distribution of Adult Probation and Parole Employment Incentive Program
funds; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
64-14-301
, as renumbered and amended by Laws of Utah 2025, Chapter 214
64-14-302
, as renumbered and amended by Laws of Utah 2025, Chapter 214
64-14-303
, as renumbered and amended by Laws of Utah 2025, Chapter 214
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
64-14-301
is amended to read:
64-14-301
. Definitions.
As used in this part:
(1)
"Average daily population" means the average daily number of individuals on parole or
felony probation in the region during the applicable fiscal year.
(2)
"Baseline parole employment rate" means the average of the parole employment rates
for fiscal years 2023, 2024, and 2025.
(3)
"Baseline probation employment rate" means the average of the probation employment
rates for fiscal years 2023, 2024, and 2025.
(4)
"Eligible employment" means an occupation, or combined occupations, that:
(a)
consist of at least 130 hours in a 30-day period; and
(b)
are verified via paystubs, employment letters, contracts, or other reliable methods, as
determined by the department.
(5)
"Evidence-based" means a supervision policy, procedure, program, or practice
demonstrated by scientific research to reduce recidivism of individuals on parole or
felony probation.
(6)
"Felony probation" means probation for a felony offense.
(6)
(7)
"Marginal cost of incarceration" means the total costs of incarceration, per inmate,
that fluctuate based on inmate population.
(7)
(8)
"Office" means the Governor's Office of Planning and Budget.
(8)
(9)
"Parole employment rate" means the percentage
obtained by dividing the number
of
individuals on parole
in a region
who held eligible employment for at least nine months
in a one-year period, if at least a portion of the
nine-months
nine months
was during the
preceding fiscal year
, by the total annual population on parole in that region for the
preceding fiscal year
.
(9)
(10)
"Probation employment rate" means the percentage
obtained by dividing the
number
of individuals on felony probation
in a region
who held eligible employment for
at least nine months in a one-year period, if at least a portion of the
nine-months
nine
months
was during the preceding fiscal year
, by the total annual population on felony
probation in that region for the preceding fiscal year
.
(10)
(11)
"Program" means the Adult Probation and Parole Employment Incentive
Program, created in Section
64-14-302
.
(12)
"Recidivism percentage" means the percentage of individuals on parole or felony
probation who are convicted of a crime that was committed on or after the day on which
the individual began parole or probation.
(11)
(13)
"Region" means one of the geographic regions into which the department has
divided the state for purposes of supervising adult probation and parole.
(12)
(14)
"Restricted account" means the Employment Incentive Restricted Account
created in Section
64-14-303
.
(15)
"Total annual population on felony probation" means the sum of:
(a)
individuals on felony probation in a region on the last day of the fiscal year; and
(b)
individuals whose last day on felony probation occurred in the region during the
fiscal year.
(16)
"Total annual population on parole" means the sum of:
(a)
individuals on parole in a region on the last day of the fiscal year; and
(b)
individuals whose last day on parole occurred in the region during the fiscal year.
Section 2. Section
64-14-302
is amended to read:
64-14-302
. Adult Probation and Parole Employment Incentive Program.
(1)
There is created the Adult Probation and Parole Employment Incentive Program.
(2)
The department and the office shall implement the program in accordance with the
requirements of this chapter.
(3)
Beginning July 2026, and each July after 2026, the department shall calculate and report
to the office, for the preceding fiscal year, for each region and statewide:
(a)
the parole employment rate and the average length of employment of individuals on
parole;
(b)
the probation employment rate and average length of employment of individuals on
felony probation;
(c)
the recidivism percentage
, using applicable recidivism metrics described in
Subsections
63M-7-102(1)
and
(3)
;
(d)
the number and percentage of individuals who successfully complete parole or
felony probation;
(e)
if the recidivism percentage
described in Subsection
(3)(c)

represents a decrease in
the recidivism percentage when compared to the fiscal year immediately preceding
the fiscal year to which the recidivism percentage
described in Subsection
(3)(c)

relates, the estimated costs of incarceration savings to the state, based on the marginal
cost of incarceration;
(f)
the number of individuals who successfully complete parole and, during the entire six
months before the day on which the individuals' parole ends, held eligible
employment; and
(g)
the number of individuals who successfully complete felony probation and, during
the entire six months before the day on which the individuals' parole ended, held
eligible employment.
(4)
In addition to the information described in Subsection
(3)
, the department shall report,
for each region, the number and types of parole or probation programs that were created,
replaced, or discontinued during the preceding fiscal year.
(5)
After receiving the information described in Subsections
(3)
and
(4)
, the office, in
consultation with the department, shall, for each region:
(a)
add the region's baseline parole employment rate and the region's baseline probation
employment rate;
(b)
add the region's parole employment rate and the region's probation employment rate;
(c)
subtract the sum described in Subsection
(5)(a)
from the sum described in Subsection
(5)(b)
; and
(d)
(i)
if the rate difference described in Subsection
(5)(c)
is zero or less than zero,
assign an employment incentive payment of zero to the region; or
(ii)
except as provided in Subsection
(7)
, if the rate difference described in
Subsection
(5)(c)
is greater than zero, assign an employment incentive payment to
the region by:
(A)
multiplying the rate difference by the average daily population for that region;
and
(B)
multiplying the product of the calculation described in Subsection
(5)(d)(ii)(A)

by $2,500.
(6)
In addition to the employment incentive payment described in Subsection
(5)
, after
receiving the information described in Subsections
(3)
and
(4)
, the office, in consultation
with the department, shall, for each region, multiply the sum of the numbers described in
Subsections
(3)(f)
and
(g)
for the region by $2,500 to determine the end-of-supervision
employment incentive payment for the region.
(7)
The employment incentive payment, or end-of-supervision employment supervision
payment, for a region is zero if the recidivism percentage for the region
, described in
Subsection
(3)(c)
,
represents an increase in the recidivism percentage when compared
to the fiscal year immediately preceding the fiscal year to which the recidivism
percentage for the region
, described in Subsection
(3)(c)
,
relates.
(8)
(a)
Upon determining an employment incentive payment for a region in accordance
with Subsections
(5)(d)(ii)
,
(6)
, and
(7)
, the office shall authorize distribution, from
the restricted account, of the incentive payment
as follows:
to the department.
(b)
After receiving an employment incentive payment described in Subsection
(8)(a)
, the
department:
(a)
(i)
may use
15% of the payment
may be used by the department
for expenses
related to administering the program; and
(b)
(ii)
shall use
85% of the payment
shall be used by the region
to improve and
expand supervision and rehabilitative services to individuals on parole or adult
probation
in the region
, including by:
(i)
(A)
implementing and expanding evidence-based practices for risk and needs
assessments for individuals;
(ii)
(B)
implementing and expanding intermediate sanctions, including
mandatory community service, home detention, day reporting, restorative
justice programs, and furlough programs;
(iii)
(C)
expanding the availability of evidence-based practices for rehabilitation
programs, including drug and alcohol treatment, mental health treatment, anger
management, cognitive behavior programs, and job training and other
employment services;
(iv)
(D)
hiring additional officers, contractors, or other personnel to implement
evidence-based practices for rehabilitative and vocational
programing
programming
;
(v)
(E)
purchasing and adopting new technologies or equipment that are relevant
to, and enhance, supervision, rehabilitation, or vocational training; or
(vi)
(F)
evaluating the effectiveness of rehabilitation and supervision programs
and ensuring program fidelity.
(9)
(a)
The report described in Subsections
(3)
and
(4)
is a public record.
(b)
The department shall maintain a complete and accurate accounting of the payment
and use of funds under this section.
(c)
If the money in the restricted account is insufficient to make the full employment
incentive payments or the full end-of-supervision employment incentive payments,
the office shall authorize the payments on a prorated basis.
Section 3. Section
64-14-303
is amended to read:
64-14-303
. Employment Incentive Restricted Account.
(1)
There is created within the General Fund a restricted account known as the
"Employment Incentive Restricted Account."
(2)
The account consists of appropriations made by the Legislature.
(3)
The office shall authorize expenditures from the account in accordance with Section
64-14-302
.
(4)
Subject to legislative appropriations, the department
and each region
shall expend
money from the restricted account only in accordance with Subsection
64-14-302(8)
.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-12-26 11:32 AM