Read the full stored bill text
752
10-3-716
13-53-111
17-72-101
17-72-402
17-72-408
17E-2-101
17E-2-201
20A-2-204
26A-1-114
26B-1-202
26B-5-102
26B-5-306
26B-5-380
26B-5-801
32B-4-201
32B-4-301
36-29-111
41-1a-1101
41-6a-511
49-11-406
49-12-203
49-13-203
49-22-205
51-9-412
53-1-106
53-6-107
53-6-213
53-10-118
53-10-302
53-10-803
53-11-124
53-21-104.3
53-25-103
53-25-202
53-25-301
53-25-401
53-25-501
53-25-502
53-29-302
53E-3-516
53E-3-518
53F-2-410
53G-6-806
53G-8-702
58-11a-503
58-37-2
58-47b-503
59-2-407
59-5-104
59-5-204
61-2c-501.5
61-2f-502
63A-16-1001
63A-16-1004
63A-17-502
63G-2-305
63I-1-263
63I-1-275
63I-1-278
63I-2-253
63J-1-602.1
63J-1-602.2
63M-7-210
63M-7-501
63M-7-506.5
63M-7-511.5
63M-7-512
63M-7-513
63M-7-516
63M-7-518
63M-7-522
63M-7-523
63M-7-905
63O-2-301
64-13-6
64-13-14.5
64-13-14.7
64-13-23
64-13-25
64-13-45
64-13e-102
64-13e-103.1
64-13e-104
64-14-203
64-14-204
64-14-302
67-4a-801
67-4a-803
67-22-2
67-28-101
67-28-102
75-2-803
75E-1-101
75E-2-101
75E-2-102
75E-2-103
75E-2-201
75E-2-202
63M-7-102
63M-7-205
63M-7-216
63M-7-216.1
63M-7-208
63M-7-220
78A-10a-201
63A-16-1002
63M-7-528
75E-2-301
63M-7-214
63M-7-218
63M-7-215
63M-7-219
63A-16-1003
63M-7-101.5
63M-7-201
63M-7-202
63M-7-203
63M-7-206
63M-7-207
75E-3-201
63M-7-204
63M-7-401.1
63M-7-401.2
63M-7-402
63M-7-402.5
75E-4-201
63M-7-404.1
63M-7-404.3
63M-7-404.5
63M-7-405
63M-7-406
63M-7-502
75E-5-102
63M-7-507
75E-5-201
63M-7-506
75E-5-203
63M-7-508
63M-7-527
63M-7-515
75E-5-301
63M-7-526
63M-7-525
63M-7-503
63M-7-509
63M-7-510
63M-7-517
63M-7-529
63M-7-511
63M-7-514
63M-7-519
63M-7-521
63M-7-521.5
63M-7-524
63M-7-901
63M-7-902
63M-7-903
75E-6-201
63M-7-904
63M-7-1001
63M-7-1002
63M-7-1003
63M-7-701
63M-7-702
75E-7-201
63M-7-703
63M-7-1101
63M-7-1102
75E-8-201
63M-7-1103
63M-7-1104
63M-7-1105
63M-7-1106
75E-9-101
78B-22-401
78B-22-402
78B-22-404
78B-22-407
75E-9-201
78B-22-405
78B-22-406
75E-10-101
78B-22-451
78B-22-453
75E-10-201
78B-22-452
75E-10-301
78B-22-455
78B-22-454
75E-10-401
78B-22-701
78B-22-701.5
78B-22-702
78B-22-703
78B-22-704
78B-22-801
78B-22-802
78B-22-803
78B-22-804
78B-22-805
78B-22-901
78B-22-902
78B-22-904
78B-22-903
78B-22-1101
78B-22-1102
78B-22-1103
78B-22-1104
77-38-601
77-38-602
75E-11-201
77-38-620
75E-11-301
77-38-603
77-38-604
77-38-605
77-38-606
77-38-607
77-38-608
77-38-609
77-38-610
77-38-611
77-38-612
77-38-613
77-38-614
77-38-615
77-38-616
77-38-617
77-38-619
76-1-101
76-1-101.6
76-3-202
76-5-102.1
76-5-207
76-8-419
76-13-211
77-1-1
77-2-5
77-2a-2
77-2a-3
77-7-8.5
77-7-17.5
77-11b-101
77-11b-105
77-11b-401
77-11b-402
77-11b-403
77-11b-404
77-17-6
77-18-105
77-18-108
77-20-103
77-20-403
77-22-2.5
77-27-1
77-27-2
77-27-5
77-27-5.4
77-27-10
77-27-11
77-27-32
77-30-2.5
77-37-3
77-37-4
77-38-3
77-38-11
77-38-302
77-38-303
77-38-403
77-38-405
77-38-502
77-38-503
77-38-618
77-38-621
77-38b-102
77-38b-202
77-38b-205
77-38b-304
77-40a-101
77-40a-403
78A-2-109.5
78A-6-102
78A-10a-304
78A-10a-404
78A-10a-504
78A-12-201
78A-12-202
78B-3-1003
78B-6-2105
78B-8-201
78B-9-109
78B-9-402
78B-9-405
78B-22-102
78B-22-203
78B-22-301
80-2-503
80-5-102
80-5-201
80-5-205
80-5-304
80-6-102
80-6-104
80-6-204
80-6-304
80-6-307
80-6-607
80-6-804
80-6-907
81-13-205
SB0323
HB0122
64-13-45 (05/06/26)
SB0323
HB0220
53-5a-602 (05/06/26)
53-10-910 (05/06/26)
53H-7-603 (05/06/26)
63G-2-201 (05/06/26)
63M-7-1002 (05/06/26)
63M-7-1106 (05/06/26)
63M-7-1106 (05/06/26)
64-13-47 (05/06/26)
67-5-22.7 (05/06/26)
77-27-32 (05/06/26)
80-5-202 (05/06/26)
SB0323
HB0271
63A-16-1002 (05/06/26)
SB0323
HB0230
64-14-203 (05/06/26)
SB0323
SB0013
75E-2-202 (05/06/26)
13-53-111 (05/06/26)
63I-1-280 (05/06/26)
63M-7-216 (05/06/26)
63M-7-216 (05/06/26)
63M-7-218 (05/06/26)
63M-7-218 (05/06/26)
63M-7-405 (05/06/26)
63M-7-405 (05/06/26)
SB0323
HB0034
63M-7-1002.5 (05/06/26)
63M-7-1001 (05/06/26)
63M-7-1003 (05/06/26)
63M-7-1003 (05/06/26)
ALL
SB0323
HB0048
75E-2-201 (05/06/26)
63M-7-101.5 (05/06/26)
63M-7-101.5 (05/06/26)
63M-7-208 (05/06/26)
63M-7-208 (05/06/26)
SB0323
HB0188
63M-7-208 (05/06/26)
63M-7-208 (05/06/26)
SB0323
HB0274
63M-7-401.2 (05/06/26)
63M-7-401.2 (05/06/26)
SB0323
SB0233
78A-12-201 (05/06/26)
78A-12-201 (05/06/26)
78A-12-202 (05/06/26)
78A-12-202 (05/06/26)
SB0323
SB0313
64-14-302 (05/06/26)
SB0323
SB0086
53-5a-502 (05/06/26)
SB0323
HB0090
63M-7-101.5 (05/06/26)
SB0323
HB0137
63M-7-215.1 (05/06/26)
SB0323
SB0145
53-1-106 (05/06/26)
SB0323
HB0072
53-32-102 (05/06/26)
53-6-102 (05/06/26)
SB0323
SB0035
63I-1-275 (05/06/26)
10-3-716
13-53-111
17-72-101
17-72-402
17-72-408
17E-2-101
17E-2-201
20A-2-204
26A-1-114
26B-1-202
26B-5-102
26B-5-306
26B-5-380
26B-5-801
32B-4-201
32B-4-301
36-29-111
41-1a-1101
41-6a-511
49-11-406
49-12-203
49-13-203
49-22-205
51-9-412
53-1-106
53-6-107
53-6-213
53-10-118
53-10-302
53-10-803
53-11-124
53-21-104.3
53-25-103
53-25-202
53-25-301
53-25-401
53-25-501
53-25-502
53-29-302
53E-3-516
53E-3-518
53F-2-410
53G-6-806
53G-8-702
58-11a-503
58-37-2
58-47b-503
59-2-407
59-5-104
59-5-204
61-2c-501.5
61-2f-502
63A-16-1001
63A-16-1004
63A-17-502
63G-2-305
63I-1-263
63I-1-275
63I-1-278
63I-2-253
63J-1-602.1
63J-1-602.2
63M-7-210
63M-7-501
63M-7-506.5
63M-7-511.5
63M-7-512
63M-7-513
63M-7-516
63M-7-518
63M-7-522
63M-7-523
63M-7-905
63O-2-301
64-13-6
64-13-14.5
64-13-14.7
64-13-23
64-13-25
64-13-45
64-13e-102
64-13e-103.1
64-13e-104
64-14-203
64-14-204
64-14-302
67-4a-801
67-4a-803
67-22-2
67-28-101
67-28-102
75-2-803
75E-1-101
75E-2-101
75E-2-102
75E-2-103
75E-2-201
75E-2-202
63M-7-102
63M-7-205
63M-7-216
63M-7-216.1
63M-7-208
63M-7-220
78A-10a-201
63A-16-1002
63M-7-528
75E-2-301
63M-7-214
63M-7-218
63M-7-215
63M-7-219
63A-16-1003
63M-7-101.5
63M-7-201
63M-7-202
63M-7-203
63M-7-206
63M-7-207
75E-3-201
63M-7-204
63M-7-401.1
63M-7-401.2
63M-7-402
63M-7-402.5
75E-4-201
63M-7-404.1
63M-7-404.3
63M-7-404.5
63M-7-405
63M-7-406
63M-7-502
75E-5-102
63M-7-507
75E-5-201
63M-7-506
75E-5-203
63M-7-508
63M-7-527
63M-7-515
75E-5-301
63M-7-526
63M-7-525
63M-7-503
63M-7-509
63M-7-510
63M-7-517
63M-7-529
63M-7-511
63M-7-514
63M-7-519
63M-7-521
63M-7-521.5
63M-7-524
63M-7-901
63M-7-902
63M-7-903
75E-6-201
63M-7-904
63M-7-1001
63M-7-1002
63M-7-1003
63M-7-701
63M-7-702
75E-7-201
63M-7-703
63M-7-1101
63M-7-1102
75E-8-201
63M-7-1103
63M-7-1104
63M-7-1105
63M-7-1106
75E-9-101
78B-22-401
78B-22-402
78B-22-404
78B-22-407
75E-9-201
78B-22-405
78B-22-406
75E-10-101
78B-22-451
78B-22-453
75E-10-201
78B-22-452
75E-10-301
78B-22-455
78B-22-454
75E-10-401
78B-22-701
78B-22-701.5
78B-22-702
78B-22-703
78B-22-704
78B-22-801
78B-22-802
78B-22-803
78B-22-804
78B-22-805
78B-22-901
78B-22-902
78B-22-904
78B-22-903
78B-22-1101
78B-22-1102
78B-22-1103
78B-22-1104
77-38-601
77-38-602
75E-11-201
77-38-620
75E-11-301
77-38-603
77-38-604
77-38-605
77-38-606
77-38-607
77-38-608
77-38-609
77-38-610
77-38-611
77-38-612
77-38-613
77-38-614
77-38-615
77-38-616
77-38-617
77-38-619
76-1-101
76-1-101.6
76-3-202
76-5-102.1
76-5-207
76-8-419
76-13-211
77-1-1
77-2-5
77-2a-2
77-2a-3
77-7-8.5
77-7-17.5
77-11b-101
77-11b-105
77-11b-401
77-11b-402
77-11b-403
77-11b-404
77-17-6
77-18-105
77-18-108
77-20-103
77-20-403
77-22-2.5
77-27-1
77-27-2
77-27-5
77-27-5.4
77-27-10
77-27-11
77-27-32
77-30-2.5
77-37-3
77-37-4
77-38-3
77-38-11
77-38-302
77-38-303
77-38-403
77-38-405
77-38-502
77-38-503
77-38-618
77-38-621
77-38b-102
77-38b-202
77-38b-205
77-38b-304
77-40a-101
77-40a-403
78A-2-109.5
78A-6-102
78A-10a-304
78A-10a-404
78A-10a-504
78A-12-201
78A-12-202
78B-3-1003
78B-6-2105
78B-8-201
78B-9-109
78B-9-402
78B-9-405
78B-22-102
78B-22-203
78B-22-301
80-2-503
80-5-102
80-5-201
80-5-205
80-5-304
80-6-102
80-6-104
80-6-204
80-6-304
80-6-307
80-6-607
80-6-804
80-6-907
81-13-205
SB0323
HB0122
64-13-45 (05/06/26)
SB0323
HB0220
53-5a-602 (05/06/26)
53-10-910 (05/06/26)
53H-7-603 (05/06/26)
63G-2-201 (05/06/26)
63M-7-1002 (05/06/26)
63M-7-1106 (05/06/26)
63M-7-1106 (05/06/26)
64-13-47 (05/06/26)
67-5-22.7 (05/06/26)
77-27-32 (05/06/26)
80-5-202 (05/06/26)
SB0323
HB0271
63A-16-1002 (05/06/26)
SB0323
HB0230
64-14-203 (05/06/26)
SB0323
SB0013
75E-2-202 (05/06/26)
13-53-111 (05/06/26)
63I-1-280 (05/06/26)
63M-7-216 (05/06/26)
63M-7-216 (05/06/26)
63M-7-218 (05/06/26)
63M-7-218 (05/06/26)
63M-7-405 (05/06/26)
63M-7-405 (05/06/26)
SB0323
HB0034
63M-7-1002.5 (05/06/26)
63M-7-1001 (05/06/26)
63M-7-1003 (05/06/26)
63M-7-1003 (05/06/26)
ALL
SB0323
HB0048
75E-2-201 (05/06/26)
63M-7-101.5 (05/06/26)
63M-7-101.5 (05/06/26)
63M-7-208 (05/06/26)
63M-7-208 (05/06/26)
SB0323
HB0188
63M-7-208 (05/06/26)
63M-7-208 (05/06/26)
SB0323
HB0274
63M-7-401.2 (05/06/26)
63M-7-401.2 (05/06/26)
SB0323
SB0233
78A-12-201 (05/06/26)
78A-12-201 (05/06/26)
78A-12-202 (05/06/26)
78A-12-202 (05/06/26)
SB0323
SB0313
64-14-302 (05/06/26)
SB0323
SB0086
53-5a-502 (05/06/26)
SB0323
HB0090
63M-7-101.5 (05/06/26)
SB0323
HB0137
63M-7-215.1 (05/06/26)
SB0323
SB0145
53-1-106 (05/06/26)
SB0323
HB0072
53-32-102 (05/06/26)
53-6-102 (05/06/26)
SB0323
SB0035
63I-1-275 (05/06/26)
0
Criminal and Juvenile Justice Recodification
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: Karianne Lisonbee
LONG TITLE
General Description:
This bill recodifies and amends provisions related to criminal and juvenile justice.
Highlighted Provisions:
This bill:
creates Title 75E, Criminal and Juvenile Justice Administration;
creates the
Department of Criminal Justice within Title 75E, Criminal and Juvenile
Justice Administration;
recodifies to Title 75E, Criminal and Juvenile Justice Administration:
Title 63M, Chapter 7, Criminal Justice and Substance Abuse;
Title 77, Chapter 38, Part 6, Safe at Home Program;
Title 78B, Chapter 22, Part 4, Utah Indigent Defense Commission;
Title 78B, Chapter 22, Part 4a, Office of Indigent Defense Services;
Title 78B, Chapter 22, Part 7, Indigent Aggravated Murder Defense Fund;
Title 78B, Chapter 22, Part 8, Child Welfare Parental Representation Program;
Title 78B, Chapter 22, Part 9, Indigent Appellate Defense Division; and
Title 78B, Chapter 22, Part 11, Youth Defense Fund;
changes the name of:
Title 76, Utah Criminal Code, to Title 76, Criminal Offenses; and
Title 77, Utah Code of Criminal Procedure, to Title 77, Criminal Procedure;
defines terms;
establishes roles and responsibilities of the Department of Criminal Justice and the
commissioner of the Department of Criminal Justice;
reassigns certain responsibilities of the Commission on Criminal and Juvenile Justice to
the
Department of Criminal Justice;
clarifies roles, responsibilities, and administration of certain entities within the
Department of Criminal Justice;
removes obsolete programs, responsibilities, and reporting requirements of certain entities
within the
Department of Criminal Justice;
revises the names of certain entities within the Department of Criminal Justice;
provides that the governor may direct the Department of Criminal Justice to assist with
extradition;
updates terminology;
makes technical and conforming changes; and
includes coordination clauses to substantively and technically coordinate changes
between this bill and:
H.B. 122, Pregnant and Postpartum Inmate Amendments, if both bills pass and
become law;
H.B. 220, Public Safety Data Amendments, if both bills pass and become law;
H.B. 271, Multi-Agency Joint Strike Force Modifications, if both bills pass and
become law;
H.B. 230, Offender Amendments, if both bills pass and become law;
S.B. 13, Statutorily Required Reports and Presentations Amendments, if both bills
pass and become law;
H.B. 34, Victim Rights Amendments, if both bills pass and become law;
H.B. 48, Criminal and Juvenile Justice Changes, if both bills pass and become law;
H.B. 188, Juvenile Justice Amendments, if both bills pass and become law;
H.B. 274, Sentencing Amendments, if both bills pass and become law;
S.B. 233, Judicial Performance Evaluation Amendments, if both bills pass and become
law;
S.B. 313, Recidivism Amendments, if both bills pass and become law;
S.B. 86, Firearm Safe Harbor Amendments, if both bills pass and become law;
H.B. 90, Sexual Offenses Amendments, if both bills pass and become law;
H.B. 137, Violent Crime Clearance Rate Amendments, if both bills pass and become
law;
S.B. 145, Lobbying Amendments, if both bills pass and become law;
H.B. 72, Criminal Use of Cryptocurrency Amendments, if both bills pass and become
law;
S.B. 35, Amendments to Interdisciplinary Parental Representation Pilot Program.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
10-3-716
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 354
13-53-111
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 51
17-72-101
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 13
17-72-402
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 13
17-72-408
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 13
17E-2-101
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 14
17E-2-201
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 14
20A-2-204
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters 381,
448
26A-1-114
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 11
26B-1-202
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 426
26B-5-102
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 16
26B-5-306
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 184 and
renumbered and amended by Laws of Utah 2023, Chapter 308
26B-5-380
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 308
26B-5-801
Effective
07/01/26
Repealed
01/01/33
, as last amended by Laws of Utah
2025, First Special Session, Chapter 9
32B-4-201
Effective
07/01/26
, as enacted by Laws of Utah 2010, Chapter 276
32B-4-301
Effective
07/01/26
, as enacted by Laws of Utah 2010, Chapter 276
36-29-111
Effective
07/01/26
Repealed
07/01/29
, as last amended by Laws of Utah
2025, Chapters 208, 252
41-1a-1101
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 220
41-6a-511
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters 252,
267
49-11-406
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 425
49-12-203
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 64
49-13-203
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 64
49-22-205
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 64
51-9-412
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 230
53-1-106
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 506
53-6-107
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 163
53-6-213
Effective
07/01/26
, as last amended by Laws of Utah 2011, Chapter 131
53-10-118
Effective
07/01/26
, as enacted by Laws of Utah 2025, Chapter 267
53-10-302
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
53-10-803
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 173
53-11-124
Effective
07/01/26
, as enacted by Laws of Utah 1998, Chapter 257
53-21-104.3
Effective
07/01/26
, as enacted by Laws of Utah 2024, Chapter 345
53-25-103
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters 173,
208
53-25-202
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 173
53-25-301
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2024,
Chapter 111
53-25-401
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2024,
Chapter 111
53-25-501
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters 173,
208
53-25-502
Effective
07/01/26
, as enacted by Laws of Utah 2025, Chapter 252
53-29-302
Effective
07/01/26
Partially Repealed
01/01/30
, as enacted by Laws of
Utah 2025, Chapter 291
53E-3-516
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 343
53E-3-518
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapters 21, 24
53F-2-410
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 301
53G-6-806
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 21
53G-8-702
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 21
58-11a-503
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 491
58-37-2
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 396
58-47b-503
Effective
07/01/26
Repealed
07/01/34
, as last amended by Laws of Utah
2025, Chapter 236
59-2-407
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 17
59-5-104
Effective
07/01/26
, as last amended by Laws of Utah 2004, Chapter 244
59-5-204
Effective
07/01/26
, as last amended by Laws of Utah 2008, Chapter 382
61-2c-501.5
Effective
07/01/26
, as last amended by Laws of Utah 2011, Chapter 289
61-2f-502
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2010,
Chapter 379
63A-17-502
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 151
63G-2-305
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 17
63I-1-263
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters 391,
512
63I-1-275
Effective
07/01/26
, as enacted by Laws of Utah 2024, Third Special Session,
Chapter 5
63I-1-278
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 26
63I-2-253
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
63J-1-602.1
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
63J-1-602.2
Effective
07/01/26
Partially Repealed
07/01/29
, as last amended by Laws
of Utah 2025, First Special Session, Chapter 17
63O-2-301
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2024,
Chapter 425
64-13-6
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
64-13-14.5
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 214
64-13-14.7
Effective
07/01/26
, as last amended by Laws of Utah 2022, Chapter 115
64-13-23
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 86
64-13-25
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 16
64-13-45
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapters 245, 341
64-13e-102
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
64-13e-103.1
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 243
64-13e-104
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 467
64-14-203
Effective
07/01/26
, as enacted by Laws of Utah 2025, Chapter 214
64-14-204
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
Chapter 214
64-14-302
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
Chapter 214
67-4a-801
Effective
07/01/26
, as last amended by Laws of Utah 2022, Chapter 451
67-4a-803
Effective
07/01/26
, as enacted by Laws of Utah 2017, Chapter 371
67-22-2
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 232
67-28-101
Effective
07/01/26
, as enacted by Laws of Utah 2025, Chapter 510
67-28-102
Effective
07/01/26
, as enacted by Laws of Utah 2025, Chapter 510
75-2-803
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 310
76-1-101.6
Effective
07/01/26
, as enacted by Laws of Utah 2022, Chapter 181
76-3-202
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 214
76-5-102.1
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 471
76-5-207
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 471
76-8-419
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 96
76-13-211
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
Chapter 173
77-2-5
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 187
77-2a-2
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters 214, 431
77-2a-3
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 214
77-7-8.5
Effective
07/01/26
, as enacted by Laws of Utah 2014, Chapter 106
77-7-17.5
Effective
07/01/26
, as enacted by Laws of Utah 2019, Chapter 462
77-11b-101
Effective
07/01/26
, as enacted by Laws of Utah 2023, Chapter 448
77-11b-105
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 448
77-11b-401
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 34 and
renumbered and amended by Laws of Utah 2023, Chapter 448
77-11b-402
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 448
77-11b-403
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 448
77-11b-404
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 448
77-17-6
Effective
07/01/26
, as enacted by Laws of Utah 1980, Chapter 15
77-18-105
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 17
77-18-108
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 214
77-20-103
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 243
77-20-403
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2021,
Second Special Session, Chapter 4
77-22-2.5
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 173
77-27-1
Effective
07/01/26
, as last amended by Laws of Utah 2021, Chapters 21, 260
77-27-2
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 184
77-27-5
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters 476, 526
77-27-5.4
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 145
77-27-10
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters 214, 299
77-27-11
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 214
77-27-32
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 208
77-37-3
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 11
77-37-4
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 156
77-38-3
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters 173, 174
and 214
77-38-11
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 160
77-38-302
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 184
77-38-303
Effective
07/01/26
, as last amended by Laws of Utah 2013, Chapter 278
77-38-403
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 142
77-38-405
Effective
07/01/26
, as enacted by Laws of Utah 2019, Chapter 361
77-38-502
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 394
77-38-503
Effective
07/01/26
, as enacted by Laws of Utah 2020, Chapter 112
77-38b-102
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 426
77-38b-202
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 526
77-38b-205
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 330
77-38b-304
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 17
77-40a-101
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters 173,
239
77-40a-403
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters 173,
208 and 291
78A-2-109.5
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 252
78A-6-102
Effective
07/01/26
, as last amended by Laws of Utah 2022, Chapter 335
78A-10a-304
Effective
07/01/26
, as enacted by Laws of Utah 2023, Chapter 250
78A-10a-404
Effective
07/01/26
, as enacted by Laws of Utah 2023, Chapter 250 and
last amended by Coordination Clause, Laws of Utah 2023, Chapter 250
78A-10a-504
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 158
78A-12-201
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 57
78A-12-202
Effective
07/01/26
, as last amended by Laws of Utah 2010, Chapter 286
78B-3-1003
Effective
07/01/26
, as enacted by Laws of Utah 2024, Chapter 75
78B-6-2105
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 173
78B-8-201
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 211
78B-9-109
Effective
07/01/26
, as last amended by Laws of Utah 2022, Chapter 295
78B-9-402
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 153
78B-9-405
Effective
07/01/26
, as last amended by Laws of Utah 2021, Chapter 36
78B-22-102
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 17
78B-22-203
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 193
78B-22-301
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapters 371,
392
80-2-503
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 139
80-5-102
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 88
80-5-201
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 291
80-5-205
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2021,
Chapter 261
80-5-304
Effective
07/01/26
, as enacted by Laws of Utah 2024, Chapter 256
80-6-102
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapters 240, 301
80-6-104
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters 173, 208
80-6-204
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 436
80-6-304
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters 173, 324
80-6-307
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 208
80-6-607
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 208
80-6-804
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters 173, 208
80-6-907
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2021,
Chapter 261
81-13-205
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
Chapter 426
ENACTS:
75E-1-101
Effective
07/01/26
, Utah Code Annotated 1953
75E-2-101
Effective
07/01/26
, Utah Code Annotated 1953
75E-2-102
Effective
07/01/26
, Utah Code Annotated 1953
75E-2-103
Effective
07/01/26
, Utah Code Annotated 1953
75E-2-201
Effective
07/01/26
, Utah Code Annotated 1953
75E-2-202
Effective
07/01/26
, Utah Code Annotated 1953
75E-2-301
Effective
07/01/26
, Utah Code Annotated 1953
75E-3-201
Effective
07/01/26
, Utah Code Annotated 1953
75E-4-201
Effective
07/01/26
, Utah Code Annotated 1953
75E-5-102
Effective
07/01/26
, Utah Code Annotated 1953
75E-5-201
Effective
07/01/26
, Utah Code Annotated 1953
75E-5-203
Effective
07/01/26
, Utah Code Annotated 1953
75E-5-301
Effective
07/01/26
, Utah Code Annotated 1953
75E-6-201
Effective
07/01/26
, Utah Code Annotated 1953
75E-7-201
Effective
07/01/26
, Utah Code Annotated 1953
75E-8-201
Effective
07/01/26
, Utah Code Annotated 1953
75E-9-101
Effective
07/01/26
, Utah Code Annotated 1953
75E-9-201
Effective
07/01/26
, Utah Code Annotated 1953
75E-10-101
Effective
07/01/26
, Utah Code Annotated 1953
75E-10-201
Effective
07/01/26
, Utah Code Annotated 1953
75E-10-301
Effective
07/01/26
, Utah Code Annotated 1953
75E-10-401
Effective
07/01/26
, Utah Code Annotated 1953
75E-11-201
Effective
07/01/26
, Utah Code Annotated 1953
75E-11-301
Effective
07/01/26
, Utah Code Annotated 1953
77-30-2.5
Effective
07/01/26
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
75E-2-203
Effective
07/01/26
, (Renumbered from 63M-7-102, as last amended by
Laws of Utah 2024, Chapter 208)
75E-2-204
Effective
07/01/26
, (Renumbered from 63M-7-205, as renumbered and
amended by Laws of Utah 2008, Chapter 382)
75E-2-205
Effective
07/01/26
, (Renumbered from 63M-7-216, as last amended by
Laws of Utah 2025, Chapter 252)
75E-2-206
Effective
07/01/26
, (Renumbered from 63M-7-216.1, as enacted by
Laws of Utah 2025, Chapter 252)
75E-2-207
Effective
07/01/26
, (Renumbered from 63M-7-208, as last amended by
Laws of Utah 2024, Chapter 240)
75E-2-208
Effective
07/01/26
, (Renumbered from 63M-7-220, as last amended by
Laws of Utah 2025, Chapter 208)
75E-2-209
Effective
07/01/26
, (Renumbered from 78A-10a-201, as enacted by
Laws of Utah 2023, Chapter 250)
75E-2-210
Effective
07/01/26
, (Renumbered from 63A-16-1002, as last amended
by Laws of Utah 2025, First Special Session, Chapter 17)
75E-2-211
Effective
07/01/26
, (Renumbered from 63M-7-528, as enacted by Laws
of Utah 2024, Chapter 401)
75E-2-302
Effective
07/01/26
, (Renumbered from 63M-7-214, as last amended by
Laws of Utah 2024, Chapter 108)
75E-2-303
Effective
07/01/26
, (Renumbered from 63M-7-218, as last amended by
Laws of Utah 2025, Chapter 252)
75E-2-304
Effective
07/01/26
, (Renumbered from 63M-7-215, as last amended by
Laws of Utah 2021, Second Special Session, Chapter 4)
75E-2-305
Effective
07/01/26
, (Renumbered from 63M-7-219, as last amended by
Laws of Utah 2025, Chapter 211)
75E-2-306
Effective
07/01/26
, (Renumbered from 63A-16-1003, as enacted by
Laws of Utah 2024, Chapter 108)
75E-3-101
Effective
07/01/26
, (Renumbered from 63M-7-101.5, as last amended
by Laws of Utah 2025, Chapter 360)
75E-3-102
Effective
07/01/26
, (Renumbered from 63M-7-201, as renumbered and
amended by Laws of Utah 2008, Chapter 382)
75E-3-103
Effective
07/01/26
, (Renumbered from 63M-7-202, as last amended by
Laws of Utah 2024, Chapters 208, 245)
75E-3-104
Effective
07/01/26
, (Renumbered from 63M-7-203, as last amended by
Laws of Utah 2020, Chapter 352)
75E-3-105
Effective
07/01/26
, (Renumbered from 63M-7-206, as renumbered and
amended by Laws of Utah 2008, Chapter 382)
75E-3-106
Effective
07/01/26
, (Renumbered from 63M-7-207, as last amended by
Laws of Utah 2014, Chapter 387)
75E-3-202
Effective
07/01/26
, (Renumbered from 63M-7-204, as last amended by
Laws of Utah 2025, Chapters 51, 135, 252, 494, and 510)
75E-4-101
Effective
07/01/26
, (Renumbered from 63M-7-401.1, as enacted by
Laws of Utah 2024, Chapter 208)
75E-4-102
Effective
07/01/26
, (Renumbered from 63M-7-401.2, as last amended
by Laws of Utah 2021, Chapter 173)
75E-4-103
Effective
07/01/26
, (Renumbered from 63M-7-402, as last amended by
Laws of Utah 2024, Chapter 208)
75E-4-104
Effective
07/01/26
, (Renumbered from 63M-7-402.5, as enacted by
Laws of Utah 2024, Chapter 208)
75E-4-202
Effective
07/01/26
, (Renumbered from 63M-7-404.1, as enacted by
Laws of Utah 2024, Chapter 208)
75E-4-203
Effective
07/01/26
, (Renumbered from 63M-7-404.3, as last amended
by Laws of Utah 2025, Chapter 214)
75E-4-204
Effective
07/01/26
, (Renumbered from 63M-7-404.5, as enacted by
Laws of Utah 2024, Chapter 208)
75E-4-205
Effective
07/01/26
, (Renumbered from 63M-7-405, as last amended by
Laws of Utah 2024, Chapter 208)
75E-4-206
Effective
07/01/26
, (Renumbered from 63M-7-406, as last amended by
Laws of Utah 2024, Chapter 208)
75E-5-101
Effective
07/01/26
, (Renumbered from 63M-7-502, as last amended by
Laws of Utah 2025, First Special Session, Chapter 9)
75E-5-103
Effective
07/01/26
, (Renumbered from 63M-7-507, as last amended by
Laws of Utah 2024, Chapter 506)
75E-5-202
Effective
07/01/26
, (Renumbered from 63M-7-506, as last amended by
Laws of Utah 2025, First Special Session, Chapter 11)
75E-5-204
Effective
07/01/26
, (Renumbered from 63M-7-508, as last amended by
Laws of Utah 2024, Chapter 506)
75E-5-205
Effective
07/01/26
, (Renumbered from 63M-7-527, as enacted by Laws
of Utah 2024, Chapter 135)
75E-5-206
Effective
07/01/26
, (Renumbered from 63M-7-515, as last amended by
Laws of Utah 2020, Chapter 149)
75E-5-302
Effective
07/01/26
, (Renumbered from 63M-7-526, as enacted by Laws
of Utah 2020, Chapter 230)
75E-5-303
Effective
07/01/26
, (Renumbered from 63M-7-525, as last amended by
Laws of Utah 2024, Chapter 506)
75E-5-304
Effective
07/01/26
, (Renumbered from 63M-7-503, as last amended by
Laws of Utah 2024, Chapter 330)
75E-5-305
Effective
07/01/26
, (Renumbered from 63M-7-509, as last amended by
Laws of Utah 2025, First Special Session, Chapter 11)
75E-5-306
Effective
07/01/26
, (Renumbered from 63M-7-510, as last amended by
Laws of Utah 2020, Chapter 149)
75E-5-307
Effective
07/01/26
, (Renumbered from 63M-7-517, as last amended by
Laws of Utah 2025, First Special Session, Chapter 11)
75E-5-308
Effective
07/01/26
, (Renumbered from 63M-7-529, as last amended by
Laws of Utah 2025, First Special Session, Chapter 11)
75E-5-309
Effective
07/01/26
, (Renumbered from 63M-7-511, as last amended by
Laws of Utah 2024, Chapter 506)
75E-5-310
Effective
07/01/26
, (Renumbered from 63M-7-514, as last amended by
Laws of Utah 2020, Chapter 149)
75E-5-311
Effective
07/01/26
, (Renumbered from 63M-7-519, as last amended by
Laws of Utah 2024, Chapter 506)
75E-5-312
Effective
07/01/26
, (Renumbered from 63M-7-521, as last amended by
Laws of Utah 2020, Chapter 149)
75E-5-313
Effective
07/01/26
, (Renumbered from 63M-7-521.5, as last amended
by Laws of Utah 2024, Chapter 506)
75E-5-314
Effective
07/01/26
, (Renumbered from 63M-7-524, as last amended by
Laws of Utah 2020, Chapter 149)
75E-6-101
Effective
07/01/26
, (Renumbered from 63M-7-901, as enacted by Laws
of Utah 2023, Chapter 150)
75E-6-102
Effective
07/01/26
Repealed
07/01/29
, (Renumbered from
63M-7-902, as last amended by Laws of Utah 2024, Chapter 506)
75E-6-103
Effective
07/01/26
, (Renumbered from 63M-7-903, as enacted by Laws
of Utah 2023, Chapter 150)
75E-6-202
Effective
07/01/26
, (Renumbered from 63M-7-904, as last amended by
Laws of Utah 2025, Chapter 271)
75E-6-301
Effective
07/01/26
, (Renumbered from 63M-7-1001, as enacted by
Laws of Utah 2024, Chapter 160)
75E-6-302
Effective
07/01/26
, (Renumbered from 63M-7-1002, as last amended
by Laws of Utah 2025, Chapter 214)
75E-6-303
Effective
07/01/26
, (Renumbered from 63M-7-1003, as enacted by
Laws of Utah 2024, Chapter 160)
75E-7-101
Effective
07/01/26
Repealed
07/01/27
, (Renumbered from
63M-7-701, as enacted by Laws of Utah 2022, Chapter 145)
75E-7-102
Effective
07/01/26
Repealed
07/01/27
, (Renumbered from
63M-7-702, as last amended by Laws of Utah 2024, Chapter 240)
75E-7-202
Effective
07/01/26
Repealed
07/01/27
, (Renumbered from
63M-7-703, as enacted by Laws of Utah 2022, Chapter 145)
75E-8-101
Effective
07/01/26
, (Renumbered from 63M-7-1101, as enacted by
Laws of Utah 2025, Chapter 360)
75E-8-102
Effective
07/01/26
, (Renumbered from 63M-7-1102, as enacted by
Laws of Utah 2025, Chapter 360)
75E-8-202
Effective
07/01/26
, (Renumbered from 63M-7-1103, as enacted by
Laws of Utah 2025, Chapter 360)
75E-8-203
Effective
07/01/26
, (Renumbered from 63M-7-1104, as enacted by
Laws of Utah 2025, Chapter 360)
75E-8-204
Effective
07/01/26
, (Renumbered from 63M-7-1105, as enacted by
Laws of Utah 2025, Chapter 360)
75E-8-205
Effective
07/01/26
, (Renumbered from 63M-7-1106, as enacted by
Laws of Utah 2025, Chapter 360)
75E-9-102
Effective
07/01/26
, (Renumbered from 78B-22-401, as last amended by
Laws of Utah 2020, Chapters 371, 392 and 395)
75E-9-103
Effective
07/01/26
, (Renumbered from 78B-22-402, as last amended by
Laws of Utah 2024, Chapter 529)
75E-9-104
Effective
07/01/26
, (Renumbered from 78B-22-404, as last amended by
Laws of Utah 2025, Chapter 324)
75E-9-105
Effective
07/01/26
, (Renumbered from 78B-22-407, as renumbered and
amended by Laws of Utah 2019, Chapter 326)
75E-9-202
Effective
07/01/26
, (Renumbered from 78B-22-405, as last amended by
Laws of Utah 2020, Chapter 392)
75E-9-203
Effective
07/01/26
, (Renumbered from 78B-22-406, as last amended by
Laws of Utah 2025, Chapter 217)
75E-10-102
Effective
07/01/26
, (Renumbered from 78B-22-451, as last amended by
Laws of Utah 2021, Chapter 235)
75E-10-103
Effective
07/01/26
, (Renumbered from 78B-22-453, as last amended by
Laws of Utah 2021, Chapters 228, 235)
75E-10-202
Effective
07/01/26
, (Renumbered from 78B-22-452, as last amended by
Laws of Utah 2025, Chapter 217)
75E-10-302
Effective
07/01/26
, (Renumbered from 78B-22-455, as last amended by
Laws of Utah 2025, First Special Session, Chapter 17)
75E-10-303
Effective
07/01/26
, (Renumbered from 78B-22-454, as last amended by
Laws of Utah 2022, Chapter 451)
75E-10-402
Effective
07/01/26
, (Renumbered from 78B-22-701, as last amended by
Laws of Utah 2024, Chapter 193)
75E-10-403
Effective
07/01/26
, (Renumbered from 78B-22-701.5, as renumbered
and amended by Laws of Utah 2024, Chapter 193)
75E-10-404
Effective
07/01/26
, (Renumbered from 78B-22-702, as last amended by
Laws of Utah 2024, Chapter 193)
75E-10-405
Effective
07/01/26
, (Renumbered from 78B-22-703, as last amended by
Laws of Utah 2024, Chapter 193)
75E-10-406
Effective
07/01/26
, (Renumbered from 78B-22-704, as last amended by
Laws of Utah 2024, Chapter 193)
75E-10-501
Effective
07/01/26
, (Renumbered from 78B-22-801, as last amended by
Laws of Utah 2021, Chapters 228, 262 and last amended by Coordination Clause, Laws of
Utah 2021, Chapter 262)
75E-10-502
Effective
07/01/26
, (Renumbered from 78B-22-802, as last amended by
Laws of Utah 2021, Chapters 228, 235)
75E-10-503
Effective
07/01/26
, (Renumbered from 78B-22-803, as last amended by
Laws of Utah 2021, Chapters 228, 262)
75E-10-504
Effective
07/01/26
, (Renumbered from 78B-22-804, as last amended by
Laws of Utah 2023, Chapter 438)
75E-10-505
Effective
07/01/26
Repealed
12/31/26
, (Renumbered from
78B-22-805, as last amended by Laws of Utah 2023, Chapter 438)
75E-10-601
Effective
07/01/26
, (Renumbered from 78B-22-901, as last amended by
Laws of Utah 2025, Chapter 426)
75E-10-602
Effective
07/01/26
, (Renumbered from 78B-22-902, as enacted by
Laws of Utah 2020, Chapter 371)
75E-10-603
Effective
07/01/26
, (Renumbered from 78B-22-904, as last amended by
Laws of Utah 2025, Chapter 217)
75E-10-604
Effective
07/01/26
, (Renumbered from 78B-22-903, as last amended by
Laws of Utah 2025, Chapter 426)
75E-10-701
Effective
07/01/26
, (Renumbered from 78B-22-1101, as enacted by
Laws of Utah 2025, Chapter 328)
75E-10-702
Effective
07/01/26
, (Renumbered from 78B-22-1102, as enacted by
Laws of Utah 2025, Chapter 328)
75E-10-703
Effective
07/01/26
, (Renumbered from 78B-22-1103, as enacted by
Laws of Utah 2025, Chapter 328)
75E-10-704
Effective
07/01/26
, (Renumbered from 78B-22-1104, as enacted by
Laws of Utah 2025, Chapter 328)
75E-11-101
Effective
07/01/26
, (Renumbered from 77-38-601, as last amended by
Laws of Utah 2025, Chapter 173)
75E-11-102
Effective
07/01/26
, (Renumbered from 77-38-602, as last amended by
Laws of Utah 2023, Chapter 237)
75E-11-202
Effective
07/01/26
, (Renumbered from 77-38-620, as last amended by
Laws of Utah 2025, Chapter 271)
75E-11-302
Effective
07/01/26
, (Renumbered from 77-38-603, as enacted by Laws of
Utah 2022, Chapter 215)
75E-11-303
Effective
07/01/26
, (Renumbered from 77-38-604, as enacted by Laws of
Utah 2022, Chapter 215)
75E-11-304
Effective
07/01/26
, (Renumbered from 77-38-605, as last amended by
Laws of Utah 2025, Chapter 291)
75E-11-305
Effective
07/01/26
, (Renumbered from 77-38-606, as enacted by Laws of
Utah 2022, Chapter 215)
75E-11-306
Effective
07/01/26
, (Renumbered from 77-38-607, as last amended by
Laws of Utah 2023, Chapter 237)
75E-11-307
Effective
07/01/26
, (Renumbered from 77-38-608, as last amended by
Laws of Utah 2023, Chapter 237)
75E-11-308
Effective
07/01/26
, (Renumbered from 77-38-609, as last amended by
Laws of Utah 2023, Chapter 237)
75E-11-309
Effective
07/01/26
, (Renumbered from 77-38-610, as enacted by Laws of
Utah 2022, Chapter 215)
75E-11-310
Effective
07/01/26
, (Renumbered from 77-38-611, as last amended by
Laws of Utah 2025, Chapter 214)
75E-11-311
Effective
07/01/26
, (Renumbered from 77-38-612, as last amended by
Laws of Utah 2023, Chapter 237)
75E-11-312
Effective
07/01/26
, (Renumbered from 77-38-613, as enacted by Laws of
Utah 2022, Chapter 215)
75E-11-313
Effective
07/01/26
, (Renumbered from 77-38-614, as enacted by Laws of
Utah 2022, Chapter 215)
75E-11-314
Effective
07/01/26
, (Renumbered from 77-38-615, as last amended by
Laws of Utah 2024, Chapter 366)
75E-11-315
Effective
07/01/26
, (Renumbered from 77-38-616, as enacted by Laws of
Utah 2022, Chapter 215)
75E-11-316
Effective
07/01/26
, (Renumbered from 77-38-617, as enacted by Laws of
Utah 2022, Chapter 215)
75E-11-317
Effective
07/01/26
, (Renumbered from 77-38-619, as last amended by
Laws of Utah 2023, Chapter 237)
REPEALS:
63A-16-1001
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 108
63A-16-1004
Effective
07/01/26
, as enacted by Laws of Utah 2025, Chapter 252
63M-7-210
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
63M-7-501
Effective
07/01/26
, as last amended by Laws of Utah 2011, Chapter 131
63M-7-506.5
Effective
07/01/26
, as enacted by Laws of Utah 2024, Chapter 160
63M-7-511.5
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 149
63M-7-512
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 149
63M-7-513
Effective
07/01/26
, as last amended by Laws of Utah 2022, Chapter 430
63M-7-516
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 506
63M-7-518
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 149
63M-7-522
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 506
63M-7-523
Effective
07/01/26
, as last amended by Laws of Utah 2020, Chapter 149
63M-7-905
Effective
07/01/26
, as enacted by Laws of Utah 2023, Chapter 150
76-1-101
Effective
07/01/26
, as enacted by Laws of Utah 1973, Chapter 196
77-1-1
Effective
07/01/26
, as enacted by Laws of Utah 1980, Chapter 15
77-38-618
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 237
77-38-621
Effective
07/01/26
, as enacted by Laws of Utah 2022, Chapter 215
Utah Code Sections Affected by Coordination Clause:
13-53-111
, as last amended by Laws of Utah 2025, Chapter 51
53-1-106
, as last amended by Laws of Utah 2024, Chapter 506
53-5a-502
, as renumbered and amended by Laws of Utah 2025, Chapter 208, as amended
in 2026 S.B. 86
53-5a-602
, as renumbered and amended by Laws of Utah 2025, Chapter 208, as amended
in 2026 H.B. 220
53-6-102
, as last amended by Laws of Utah 2010, Chapter 313, as amended in 2026 H.B.
72
53-10-910
, as last amended by Laws of Utah 2025, Chapter 271, as amended in 2026
H.B. 220
53-32-102
, as enacted in 2026 H.B. 72
53H-7-603
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 8, as amended in 2026 H.B. 220
63A-16-1002
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17,
as amended in 2026 H.B. 220
63G-2-201
, as last amended by Laws of Utah 2025, Chapters 299, 476, as amended in
2026 H.B. 220
63I-1-275
, as enacted by Laws of Utah 2024, Third Special Session, Chapter 5
63I-1-280
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5, as
amended in 2026 S.B. 13
63M-7-101.5
, as last amended by Laws of Utah 2025, Chapter 360
63M-7-208
, as last amended by Laws of Utah 2024, Chapter 240
63M-7-215.1
, as enacted in H.B. 137
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-7-401.2
, as last amended by Laws of Utah 2021, Chapter 173
63M-7-405
, as last amended by Laws of Utah 2024, Chapter 208
63M-7-1001
, as enacted by Laws of Utah 2024, Chapter 160
63M-7-1002
, as last amended by Laws of Utah 2025, Chapter 214
63M-7-1002.5
, as enacted in 2026 H.B. 34
63M-7-1003
, as enacted by Laws of Utah 2024, Chapter 160
63M-7-1106
, as enacted by Laws of Utah 2025, Chapter 360
64-13-45
, as last amended by Laws of Utah 2024, Chapters 245, 341
64-13-47
, as enacted by Laws of Utah 2021, Chapter 44, as amended in 2026 H.B. 220
64-14-203
, as enacted by Laws of Utah 2025, Chapter 214
64-14-302
, as renumbered and amended by Laws of Utah 2025, Chapter 214
67-5-22.7
, as last amended by Laws of Utah 2025, Chapter 173, as amended in 2026
H.B. 220
75E-2-201
, as enacted in 2026 S.B. 323
75E-2-202
, as enacted in 2026 S.B. 323
77-27-32
, as last amended by Laws of Utah 2024, Chapter 208
78A-12-201
, as last amended by Laws of Utah 2025, Chapter 57, renumbered to Section
78A-12-103 in 2026 S.B. 233
78A-12-202
, as last amended by Laws of Utah 2010, Chapter 286, renumbered to
Section 78A-12-104 in 2026 S.B. 233
80-5-202
, as last amended by Laws of Utah 2024, Chapter 256, as amended in 2026 H.B.
220
UNCODIFIED MATERIAL
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
10-3-716
is amended to read:
10-3-716
Effective
07/01/26
. Fines and forfeitures -- Disposition.
(1)
All fines, penalties, and forfeitures for the violation of any ordinance, when collected,
shall be paid in accordance with Section
51-4-2
.
(2)
A violation of this section constitutes a class C misdemeanor.
(3)
The retention or use of any fine, penalty, or forfeiture by any person for personal use or
benefit constitutes a class B misdemeanor, except that if the amount or amounts exceed
$1,000 the offense is a class A misdemeanor as defined in
the Utah Criminal Code
Title
76, Criminal Offenses
.
Section 2. Section
13-53-111
is amended to read:
13-53-111
Effective
07/01/26
. 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
Department of Criminal Justice
.
(2)
The report described in Subsection
(1)
shall include the metrics and requirements
described in Section
63M-7-102
75E-2-203
.
(3)
The
State Commission on Criminal and Juvenile Justice
Department of Criminal Justice
shall include the information provided under this section in the report described in
Subsection
63M-7-204(1)(x)
75E-2-202(19)
.
Section 3. Section
17-72-101
is amended to read:
17-72-101
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
"Commissary account" means an account from which a prisoner may withdraw money,
deposited by the prisoner or another individual, to purchase discretionary items for sale
by a correctional facility.
(2)
"Commissary purchase" means a transaction initiated by a prisoner by which the
prisoner obtains an item or items offered for sale by the correctional facility in exchange
for money withdrawn from the prisoner's commissary account.
(3)
"Commission" means the State Commission on Criminal and Juvenile Justice created
in Section
63M-7-201
.
(4)
(3)
"Correctional facility" means the same as that term is defined in Section
77-16b-102
.
(5)
(4)
"County inmate" means an inmate who is sentenced to a county jail.
(6)
(5)
"Cross-sex hormone treatment" means the same as that term is defined in Section
26B-4-1001
.
281-12(6)
(6)
"Department" means the Department of Criminal Justice created in Section
75E-2-102
.
(7)
(a)
"In-custody death" means a prisoner death that occurs while the prisoner is in the
custody of a county jail.
(b)
"In-custody death" includes a prisoner death that occurs while the prisoner is:
(i)
being transported for health care; or
(ii)
receiving health care outside of a county jail.
(8)
"Inmate" means a prisoner who is in the custody of a correctional facility following a
criminal conviction.
(9)
"Medication assisted treatment plan" means a prescription plan to use prescribed
medication approved by the
federal
Food and Drug Administration, such as
buprenorphine, methadone, or naltrexone to treat substance use withdrawal symptoms or
an opioid use disorder.
(10)
"Notice" means all papers and orders, except process, required to be served in any
proceeding before any court, board, commission, or officer, or when required by law to
be served independently of a court proceeding.
(11)
"Opiate" means the same as that term is defined in Section
58-37-2
.
(12)
"Primary sex characteristic surgical procedure" means the same as that term is defined
in Section
26B-4-1001
.
(13)
"Prisoner" means an individual who is:
(a)
in custody of a peace officer in accordance with a lawful arrest; or
(b)
confined in a county jail.
(14)
"Police interlocal entity" means the same as that term is defined in Sections
17-76-201
and
17-76-301
.
(15)
"Police special district" means the same as that term is defined in Section
17-76-201
.
(16)
"Probationer" means an individual on probation under the supervision of the county
sheriff.
(17)
"Process" means all writs, warrants, summonses and orders of the courts of justice or
judicial officers.
(18)
(a)
"Qualifying domestic violence offense" means
, except as provided in Subsection
(18)(b)
,
the same as that term is defined in Section
77-36-1.1
.
(b)
"Qualifying domestic violence offense" does not include criminal mischief as that
term is defined in Section
76-6-106
.
(19)
"State inmate" means an inmate who is sentenced to the Department of Corrections,
created in Section
64-13-2
, even if the inmate is in the custody of a county jail.
(20)
"Secondary sex characteristic surgical procedure" means the same as that term is
defined in Section
26B-4-1001
.
(21)
"Violent felony" means the same as that term is defined in Section
76-3-203.5
.
Section 4. Section
17-72-402
is amended to read:
17-72-402
Effective
07/01/26
. Sheriff's classification of jail facilities --
Maximum operating capacity of jail facilities -- Limitations on contracting -- Transfer or
release of prisoners -- Limitation -- Records regarding release.
(1)
(a)
Except as provided in Subsection
(5)
, a county sheriff shall determine:
(i)
subject to Subsection
(1)(b)
, the classification of each county jail facility or
section of a county jail facility under the sheriff's control;
(ii)
the nature of each program conducted at a county jail facility under the sheriff's
control; and
(iii)
the internal operation of a county jail facility under the sheriff's control.
(b)
A classification under Subsection
(1)(a)(i)
of a jail facility may not violate any
applicable zoning ordinance or conditional use permit of the county or municipality.
(2)
Except as provided in Subsection
(5)
, each county sheriff shall:
(a)
with the approval of the county legislative body, establish a maximum operating
capacity for each county jail facility under the sheriff's control, based on facility
design and staffing; and
(b)
upon a county jail facility reaching the county jail facility's maximum operating
capacity:
(i)
transfer prisoners to another appropriate facility:
(A)
under the sheriff's control; or
(B)
available to the sheriff by contract;
(ii)
subject to the requirements of Subsection
(4)
, release prisoners:
(A)
to a supervised release program, according to release criteria established by
the sheriff; or
(B)
to another alternative incarceration program developed by the sheriff; or
(iii)
admit prisoners in accordance with law and a uniform admissions policy
imposed equally upon all entities using the county jail.
(3)
(a)
The sheriff shall keep records of the release status and the type of release program
or alternative incarceration program for any prisoner released under Subsection
(2)(b)(ii)
.
(b)
The sheriff shall make records described in Subsection
(3)(a)
available upon request
to the Department of Corrections, the judiciary, and the
commission
department
.
(4)
A sheriff may not release an individual due to overcrowding who, based on information
that is reasonably available to the sheriff:
(a)
is arrested or convicted of a violent criminal offense as defined in Section
76-3-203.10
;
(b)
is arrested or convicted of a drug offense that is a felony;
(c)
is arrested or convicted of possession of any composition or mixture, including pills,
that contains 100 grams or more of fentanyl or a fentanyl-related substance;
(d)
is arrested or convicted of an offense of driving under the influence or driving with a
measurable controlled substance in the body, if the offense results in death or serious
bodily injury to an individual;
(e)
has been previously booked into the same jail within the 12-month period
immediately before the individual's current incarceration began; or
(f)
has an outstanding warrant for failing to appear in a case:
(i)
involving any charge described in Subsections
(4)(a)
through
(4)(d)
; or
(ii)
where the individual classifies as a habitual offender as defined in Section
77-18-102
.
(5)
(a)
This section may not be construed to authorize a sheriff to modify provisions of a
contract with the Department of Corrections to house in a county jail a state inmate
sentenced to the Department of Corrections.
(b)
A county contracting with another county to house a county inmate due to capacity
issues:
(i)
shall contract with a county that:
(A)
has available capacity in the county's county jail; and
(B)
agrees to contract to house the county inmate;
(ii)
shall, subject to the agreement of the parties to the contract, pay to the county
contracting to receive the transferred county inmate a day per capita rate that does
not exceed the higher of:
(A)
the current average cost of housing a county inmate in the transferring county
jail; or
(B)
the daily incarceration rates described in Section
64-13e-103.1
; and
(iii)
if the county is a county of the first class, and if the county or a sheriff in the
county has released a prisoner due to overcrowding during the lookback period
described in Subsection
(5)(c)
, the county:
(A)
may not enter into a new contract with a federal agency for the purpose of
housing federal detainees;
(B)
may not house federal detainees in a number that exceeds the number of beds
that the county has contracted for with a federal agency in the current fiscal
year; and
(C)
shall publish daily totals on the public data dashboard showing:
(I)
the total number of federal detainees held;
(II)
the total number of beds under contract with a federal agency; and
(III)
the total number of beds that are currently under contract with another
county for the purpose of housing federal detainees.
(c)
The lookback period described in Subsection
(5)(b)(iii)
is:
(i)
beginning on September 1, 2025, the period that begins on September 1, 2025
,
and
ends on August 31, 2026; and
(ii)
for September 1, 2026
,
forward, the period that begins on September 1 of the
previous calendar year and ends on August 31 of the current calendar year.
(6)
Regardless of whether a county jail facility has reached the county jail facility's
maximum operating capacity under Subsection
(2)
, a sheriff may release an individual
from a county jail facility in accordance with:
(a)
Section
17-72-804
and Section
77-20-203
; or
(b)
Section
77-20-204
.
(7)
The sheriff of a county of the first class is encouraged to open and operate all sections
of a county jail facility within the county that are not being used to full capacity.
Section 5. Section
17-72-408
is amended to read:
17-72-408
Effective
07/01/26
. County jail reporting requirements.
(1)
Each county jail shall submit a report to the
commission
department
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
department
that allows the
commission
department
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
department
accesses data from a county jail in accordance with
Subsection
(2)(a)
, the
commission
department
may not release a report prepared
from that data, unless:
(i)
the
commission
department
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
department
provides the report to the county
jail.
(3)
The
commission
department
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)
The
commission
department
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)
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 6. Section
17E-2-101
is amended to read:
17E-2-101
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
"Commission" means the State Commission on Criminal and Juvenile Justice created
in Section
63M-7-201
.
(2)
(1)
"Criminal justice agency" means an agency or institution directly involved in the
apprehension, prosecution, or incarceration of a person involved in criminal activity.
(3)
(2)
"Criminal justice coordinating council" or "council" means a council created by a
county or counties in accordance with Section
17E-2-201
.
(4)
(3)
"Criminal justice system" means the continuum of criminal justice agencies and
post-incarceration services that an individual may encounter as a result of the
individual's criminal activity.
(4)
"Department" means the Department of Criminal Justice created in Section
75E-2-102
.
(5)
(a)
"Post-incarceration services" means services that may assist an individual who is
leaving incarceration to reintegrate into the community.
(b)
"Post-incarceration services" includes:
(i)
educational services;
(ii)
housing services;
(iii)
health care services;
(iv)
workforce services; and
(v)
human services programs.
Section 7. Section
17E-2-201
is amended to read:
17E-2-201
Effective
07/01/26
. Criminal justice coordinating councils --
Creation -- Strategic plan -- Reporting requirements.
(1)
(a)
Beginning January 1, 2023, a county shall:
(i)
create a criminal justice coordinating council; or
(ii)
jointly with another county or counties, create a criminal justice coordinating
council.
(b)
The purpose of a council is to coordinate and improve components of the criminal
justice system in the county or counties.
(2)
(a)
A council shall include:
(i)
one county commissioner or county council member;
(ii)
the county sheriff or the sheriff's designee;
(iii)
one chief of police of a municipality within the county or the chief's designee;
(iv)
the county attorney or the attorney's designee;
(v)
one public defender or attorney who provides public defense within the county;
(vi)
one district court judge;
(vii)
one justice court judge;
(viii)
one representative from the Division of Adult Probation and Parole created in
Section
64-14-202
;
(ix)
one representative from the local mental health authority within the county; and
(x)
one individual who is:
(A)
a crime victim; or
(B)
a victim advocate, as defined in Section
77-38-403
.
(b)
A council may include:
(i)
an individual representing:
(A)
local government;
(B)
human services programs;
(C)
higher education;
(D)
peer support services;
(E)
workforce services;
(F)
local housing services;
(G)
mental health or substance use disorder providers;
(H)
a health care organization within the county;
(I)
a local homeless council;
(J)
family counseling and support groups; or
(K)
organizations that work with families of incarcerated individuals; or
(ii)
an individual with lived experiences in the criminal justice system.
(3)
(a)
A member who is an elected county official shall serve as chair of the council.
(b)
The council shall elect the member to serve as chair under Subsection
(3)(a)
.
(4)
(a)
A council shall develop and implement a strategic plan for the county's or
counties' criminal justice system that includes:
(i)
mapping of all systems, resources, assets, and services within the county's or
counties' criminal justice system;
(ii)
a plan for data sharing across the county's or counties' criminal justice system;
(iii)
recidivism reduction objectives; and
(iv)
community reintegration goals, including identifying strategies for connecting
county residents who are on probation, parole, or leaving jail or prison, including
those under the custody of the Division of Juvenile Justice and Youth Services,
with county-based housing, employment, mental health services, substance use
treatment, and related resources.
(b)
The
commission
department
may assist a council in the development of a strategic
plan.
(5)
As part of the council's duties described in Subsection
(4)(a)(i)
, the council shall prepare
a list of private probation providers for a court to provide to defendants as described in
Section
77-18-105
.
(6)
Before November 30 of each year, a council shall provide a written report to the
commission
department
regarding:
(a)
the implementation of a strategic plan described in Subsection
(4)
; and
(b)
any data on the impact of the council on the criminal justice system in the county or
counties.
Section 8. Section
20A-2-204
is amended to read:
20A-2-204
Effective
07/01/26
. Registering to vote when applying for or
renewing a driver license or other qualifying form.
(1)
As used in this section, "voter registration form" means, when an individual named on a
qualifying form, as defined in Section
20A-2-108
, answers "yes" to the question
described in Subsection
20A-2-108(2)(a)(i)
, the information on the qualifying form that
can be used for voter registration purposes.
(2)
(a)
Except as provided in Subsection
(2)(b)
, a citizen who is qualified to vote may
register to vote, and a citizen who is qualified to preregister to vote may preregister to
vote, by answering "yes" to the question described in Subsection
20A-2-108(2)(a)(i)
and completing the voter registration form.
(b)
A citizen who is a program participant in the Safe at Home Program created in
Section
77-38-602
75E-11-102
is not eligible to register to vote as described in
Subsection
(2)(a)
, but is eligible to register to vote by any other means described in
this part.
(3)
The Driver License Division shall:
(a)
assist an individual in completing the voter registration form unless the individual
refuses assistance;
(b)
electronically transmit each address change to the lieutenant governor on or before
the first business day that is at least five calendar days after the day on which the
division receives the address change; and
(c)
on or before the first business day that is at least five calendar days after the day on
which the division receives a voter registration form, electronically transmit the form
to the Office of the Lieutenant Governor, including the following for the individual
named on the form:
(i)
the name, date of birth, driver license or state identification card number, last four
digits of the social security number, Utah residential address, place of birth, and
signature;
(ii)
a mailing address, if different from the individual's Utah residential address;
(iii)
an email address and phone number, if available;
(iv)
the desired political affiliation, if indicated;
(v)
an indication of whether the individual requested that the individual's voter
registration record be classified as a private record under Subsection
20A-2-108(2)(b)
; and
(vi)
a withholding request form described in Subsections
20A-2-104(7)
and
(8)
and
any verification submitted with the form.
(4)
Upon receipt of an individual's voter registration form from the Driver License Division
under Subsection
(3)
, the lieutenant governor shall:
(a)
enter the information into the statewide voter registration database; and
(b)
if the individual requests on the individual's voter registration form that the
individual's voter registration record be classified as a private record or the individual
submits a withholding request form described in Subsections
20A-2-104(7)
and
(8)
and any required verification, classify the individual's voter registration record as a
private record.
(5)
The county clerk of an individual whose information is entered into the statewide voter
registration database under Subsection
(4)
shall:
(a)
ensure that the individual meets the qualifications to be registered or preregistered to
vote; and
(b)
(i)
if the individual meets the qualifications to be registered to vote:
(A)
ensure that the individual is assigned to the proper voting precinct; and
(B)
send the individual the notice described in Section
20A-2-304
; or
(ii)
if the individual meets the qualifications to be preregistered to vote, process the
form in accordance with the requirements of Section
20A-2-101.1
.
(6)
(a)
When the county clerk receives a correctly completed voter registration form
under this section, the clerk shall:
(i)
comply with the applicable provisions of this Subsection
(6)
; or
(ii)
if the individual is preregistering to vote, comply with Section
20A-2-101.1
.
(b)
If the county clerk receives a correctly completed voter registration form under this
section no later than 5 p.m. or, if submitting the form electronically, midnight, 11
calendar days before the date of an election, the county clerk shall:
(i)
accept the voter registration form; and
(ii)
unless the individual is preregistering to vote:
(A)
enter the individual's name on the list of registered voters for the voting
precinct in which the individual resides; and
(B)
notify the individual that the individual is registered to vote in the upcoming
election; and
(iii)
if the individual named in the form is preregistering to vote, comply with Section
20A-2-101.1
.
(c)
If the county clerk receives a correctly completed voter registration form under this
section after the deadline described in Subsection
(6)(b)
, the county clerk shall,
unless the individual named in the form is preregistering to vote:
(i)
accept the application for registration of the individual;
(ii)
process the voter registration form; and
(iii)
unless the individual is preregistering to vote, and except as provided in
Subsection
20A-2-207(6)
, inform the individual that the individual will not be
registered to vote in the pending election, unless the individual registers to vote by
provisional ballot during the early voting period, if applicable, or on election day,
in accordance with Section
20A-2-207
.
(7)
(a)
If the county clerk determines that an individual's voter registration form received
from the Driver License Division is incorrect because of an error, because the form is
incomplete, or because the individual does not meet the qualifications to be registered
to vote, the county clerk shall mail notice to the individual stating that the individual
has not been registered or preregistered because of an error, because the registration
form is incomplete, or because the individual does not meet the qualifications to be
registered to vote.
(b)
If a county clerk believes, based upon a review of a voter registration form, that an
individual, who knows that the individual is not legally entitled to register or
preregister to vote, may be intentionally seeking to register or preregister to vote, the
county clerk shall refer the form to the county attorney for investigation and possible
prosecution.
Section 9. Section
26A-1-114
is amended to read:
26A-1-114
Effective
07/01/26
. Powers and duties of departments.
(1)
Subject to Subsections
(7)
, (8), and (10), a local health department may:
(a)
subject to the provisions in Section
26A-1-108
, enforce state laws, local ordinances,
department rules, and local health department standards and regulations relating to
public health and sanitation, including the plumbing code administered by the
Division of Professional Licensing under Title
15A, Chapter 1, Part 2
, State
Construction Code Administration Act, and under Title
26B, Chapter 7, Part 4
,
General Sanitation and Food Safety, in all incorporated and unincorporated areas
served by the local health department;
(b)
establish, maintain, and enforce isolation and quarantine, over an individual in
accordance with an order of restriction issued under Title
26B, Chapter 7, Part 3
,
Treatment, Isolation, and Quarantine Procedures for Communicable Diseases;
(c)
establish and maintain medical, environmental, occupational, and other laboratory
services considered necessary or proper for the protection of the public health;
(d)
establish and operate reasonable health programs or measures not in conflict with
state law which:
(i)
are necessary or desirable for the promotion or protection of the public health and
the control of disease; or
(ii)
may be necessary to ameliorate the major risk factors associated with the major
causes of injury, sickness, death, and disability in the state;
(e)
close theaters, schools, and other public places and prohibit gatherings of people
when necessary to protect the public health;
(f)
exercise physical control of property to abate nuisances or eliminate sources of filth
and infectious and communicable diseases affecting the public health and bill the
owner or other person in charge of the premises upon which this nuisance occurs for
the cost of abatement;
(g)
make necessary sanitary and health investigations and inspections on the local health
department's own initiative or in cooperation with the Department of Health and
Human Services or the Department of Environmental Quality, or both, as to any
matters affecting the public health;
(h)
pursuant to
in accordance with
county ordinance or interlocal agreement:
(i)
establish and collect appropriate fees for the performance of services and
operation of authorized or required programs and duties;
(ii)
accept, use, and administer all federal, state, or private donations or grants of
funds, property, services, or materials for public health purposes; and
(iii)
make agreements not in conflict with state law which are conditional to receiving
a donation or grant;
(i)
prepare, publish, and disseminate information necessary to inform and advise the
public concerning:
(i)
the health and wellness of the population, specific hazards, and risk factors that
may adversely affect the health and wellness of the population; and
(ii)
specific activities individuals and institutions can engage in to promote and
protect the health and wellness of the population;
(j)
investigate the causes of morbidity and mortality;
(k)
issue notices and orders necessary to carry out this part;
(l)
conduct studies to identify injury problems, establish injury control systems, develop
standards for the correction and prevention of future occurrences, and provide public
information and instruction to special high risk groups;
(m)
cooperate with boards created under Section
19-1-106
to enforce laws and rules
within the jurisdiction of the boards;
(n)
cooperate with the state health department, the Department of Corrections, the
Administrative Office of the Courts, the Division of Juvenile Justice and Youth
Services, and the
Utah
Office for Victims of Crime to conduct testing for HIV
infection of alleged sexual offenders, convicted sexual offenders, and any victims of
a sexual offense;
(o)
investigate suspected bioterrorism and disease
pursuant to
in accordance with
Section
26B-7-321
;
(p)
provide public health assistance in response to a national, state, or local emergency, a
public health emergency as defined in Section
26B-7-301
, or a declaration by the
President
president
of the United States or other federal official requesting public
health-related activities; and
(q)
when conducting routine inspections of businesses regulated by the local health
department, notify the Department of Agriculture and Food of a potential violation of
Title
4, Chapter 41
, Hemp and Cannabinoid Act.
(2)
The local health department shall:
(a)
establish programs or measures to promote and protect the health and general
wellness of the people within the boundaries of the local health department;
(b)
investigate infectious and other diseases of public health importance and implement
measures to control the causes of epidemic and communicable diseases and other
conditions significantly affecting the public health which may include involuntary
testing of alleged sexual offenders for the HIV infection
pursuant to
in accordance
with
Section
53-10-802
and voluntary testing of victims of sexual offenses for HIV
infection
pursuant to
in accordance with
Section
53-10-803
;
(c)
cooperate with the department in matters pertaining to the public health and in the
administration of state health laws;
(d)
enter into a cooperative agreement with the Department of Environmental Quality as
described in Subsection
19-1-201(1)(c)
; and
(e)
investigate a report made in accordance with Section
59-14-811
to determine
whether a product is sold in violation of law.
(3)
The local health department has the following duties regarding public and private
schools within the local health department's boundaries:
(a)
enforce all ordinances, standards, and regulations pertaining to the public health of
persons
individuals
attending public and private schools;
(b)
exclude from school attendance
any person, including teachers
an individual,
including a teacher
, who is suffering from any communicable or infectious disease,
whether acute or chronic, if the
person
individual
is likely to convey the disease to
those in attendance; and
(c)
(i)
make regular inspections of the health-related condition of all school buildings
and premises;
(ii)
report the inspections on forms furnished by the department to those responsible
for the condition and provide instructions for correction of any conditions that
impair or endanger the health or life of those attending the schools; and
(iii)
provide a copy of the report to the department at the time the report is made.
(4)
If those responsible for the health-related condition of the school buildings and premises
do not carry out any instructions for corrections provided in a report
described
in
Subsection
(3)(c)
, the local health board shall cause the conditions to be corrected at the
expense of the persons responsible.
(5)
The local health department may exercise incidental authority as necessary to carry out
the provisions and purposes of this part.
(6)
This part does not authorize a local health department to:
(a)
require the installation or maintenance of a carbon monoxide detector in a residential
dwelling against anyone other than the occupant of the dwelling; or
(b)
control the production, processing, distribution, or sale price of local food in
response to a public health emergency.
(7)
(a)
Except as provided in Subsection
(7)(c)
, a local health department may not declare
a public health emergency until the local health department has provided notice of the
proposed action to the chief executive officer of the relevant county no later than 24
hours before the local health department issues the order or declaration.
(b)
The local health department:
(i)
shall provide the notice required by Subsection
(7)(a)
using the best available
method under the circumstances as determined by the local health department;
(ii)
may provide the notice required by Subsection
(7)(a)
in electronic format; and
(iii)
shall provide the notice in written form, if practicable.
(c)
(i)
Notwithstanding Subsection
(7)(a)
, a local health department may declare a
public health emergency without approval of the chief executive officer of the
relevant county if the passage of time necessary to obtain approval of the chief
executive officer of the relevant county as required in Subsection
(7)(a)
would
substantially increase the likelihood of loss of life due to an imminent threat.
(ii)
If a local health department declares a public health emergency as described in
Subsection
(7)(c)(i)
, the local health department shall notify the chief executive
officer of the relevant county before declaring a public health emergency.
(iii)
The chief executive officer of the relevant county may terminate a declaration of
a public health emergency as described in Subsection
(7)(c)(i)
within 72 hours of
declaration of the public health emergency.
(d)
(i)
The relevant county governing body may at any time terminate a public health
emergency issued by the local health department by majority vote of the county
governing body.
(ii)
A vote by the relevant county governing body to terminate a public health
emergency as described in Subsection
(7)(d)(i)
is not subject to veto by the
relevant chief executive officer.
(8)
(a)
Except as provided in Subsection
(8)(b)
, a public health emergency declared by a
local health department expires at the earliest of:
(i)
the local health department or the chief executive officer of the relevant county
finding that the threat or danger has passed or the public health emergency
reduced to the extent that emergency conditions no longer exist;
(ii)
30 days after the date on which the local health department declared the public
health emergency; or
(iii)
the day on which the public health emergency is terminated by majority vote of
the county governing body.
(b)
(i)
The relevant county legislative body, by majority vote, may extend a public
health emergency for a time period designated by the county legislative body.
(ii)
If the county legislative body extends a public health emergency as described in
Subsection
(8)(b)(i)
, the public health emergency expires on the date designated
by the county legislative body.
(c)
Except as provided in Subsection
(8)(d)
, if a public health emergency declared by a
local health department expires as described in Subsection
(8)(a)
, the local health
department may not declare a public health emergency for the same illness or
occurrence that precipitated the previous public health emergency declaration.
(d)
(i)
Notwithstanding Subsection
(8)(c)
, subject to Subsection
(8)(f)
, if the local
health department finds that exigent circumstances exist, after providing notice to
the county legislative body, the department may declare a new public health
emergency for the same illness or occurrence that precipitated a previous public
health emergency declaration.
(ii)
A public health emergency declared as described in Subsection
(8)(d)(i)
expires
in accordance with Subsection
(8)(a)
or
(b)
.
(e)
For a public health emergency declared by a local health department under this
chapter or under Title
26B, Chapter 7, Part 3
, Treatment, Isolation, and Quarantine
Procedures for Communicable Diseases, the Legislature may terminate by joint
resolution a public health emergency that was declared based on exigent
circumstances or that has been in effect for more than 30 days.
(f)
If the Legislature or county legislative body terminates a public health emergency
declared due to exigent circumstances as described in Subsection
(8)(d)(i)
, the local
health department may not declare a new public health emergency for the same
illness, occurrence, or exigent circumstances.
(9)
(a)
During a public health emergency declared as described in this title, the
department or a local health department may not issue a public health order or
impose or implement a regulation that substantially burdens an individual's exercise
of religion unless the department or local health department demonstrates that the
application of the burden to the individual:
(i)
is in furtherance of a compelling government interest; and
(ii)
is the least restrictive means of furthering that compelling government interest.
(b)
Notwithstanding Subsection
(9)(a)
, the department or a local health department shall
allow reasonable accommodations for an individual to perform or participate in a
religious practice or rite.
(10)
A local health department may not:
(a)
require a person to obtain an inspection, license, or permit from the local health
department to engage in a practice described in Subsection
58-11a-304(5)
;
(b)
prevent or limit a person's ability to engage in a practice described in Subsection
58-11a-304(5)
by:
(i)
requiring the person to engage in the practice at a specific location or at a
particular type of facility or location; or
(ii)
enforcing a regulation applicable to a facility or location where the person
chooses to engage in the practice; or
(c)
issue an order of constraint under any circumstance.
Section 10. Section
26B-1-202
is amended to read:
26B-1-202
Effective
07/01/26
. Department authority and duties.
(1)
As used in this section, "public funds" means the same as that term is defined in Section
26B-5-101
.
(2)
The department may, subject to applicable restrictions in state law and in addition to all
other authority and responsibility granted to the department by law:
(a)
adopt rules, in accordance with Title
63G, Chapter 3
, Utah Administrative
Rulemaking Act, and not inconsistent with law, as the department may consider
necessary or desirable for providing health and social services to the people of this
state;
(b)
establish and manage client trust accounts in the department's institutions and
community programs, at the request of the client or the client's legal guardian or
representative, or in accordance with federal law;
(c)
purchase, as authorized or required by law, services that the department is
responsible to provide for legally eligible persons;
(d)
conduct adjudicative proceedings for clients and providers in accordance with the
procedures of Title
63G, Chapter 4
, Administrative Procedures Act;
(e)
establish eligibility standards for the department's programs, not inconsistent with
state or federal law or regulations;
(f)
take necessary steps, including legal action, to recover money or the monetary value
of services provided to a recipient who was not eligible;
(g)
set and collect fees for the department's services;
(h)
license agencies, facilities, and programs, except as otherwise allowed, prohibited, or
limited by law;
(i)
acquire, manage, and dispose of any real or personal property needed or owned by
the department, not inconsistent with state law;
(j)
receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or the
proceeds thereof, may be credited to the program designated by the donor, and may
be used for the purposes requested by the donor, as long as the request conforms to
state and federal policy; all donated funds shall be considered private, nonlapsing
funds and may be invested under guidelines established by the state treasurer;
(k)
accept and employ volunteer labor or services; the department is authorized to
reimburse volunteers for necessary expenses, when the department considers that
reimbursement to be appropriate;
(l)
carry out the responsibility assigned in the workforce services plan by the State
Workforce Development Board;
(m)
carry out the responsibility assigned by Section
26B-1-430
with respect to
coordination of services for students with a disability;
(n)
provide training and educational opportunities for the department's staff;
(o)
collect child support payments and any other money due to the department;
(p)
apply the provisions of Title
81, Chapter 6
, Child Support, and Title
81, Chapter 7
,
Payment and Enforcement of Spousal and Child Support, to parents whose child lives
out of the home in a department licensed or certified setting;
(q)
establish policy and procedures, within appropriations authorized by the Legislature,
in cases where the Division of Child and Family Services or the Division of Juvenile
Justice and Youth Services is given custody of a minor by the juvenile court under
Title
80, Utah Juvenile Code
, or the department is ordered to prepare an attainment
plan for a minor found not competent to proceed under Section
80-6-403
, including:
(i)
designation of interagency teams for each juvenile court district in the state;
(ii)
delineation of assessment criteria and procedures;
(iii)
minimum requirements, and timeframes, for the development and
implementation of a collaborative service plan for each minor placed in
department custody; and
(iv)
provisions for submittal of the plan and periodic progress reports to the court;
(r)
carry out the responsibilities assigned to the department by statute;
(s)
as further provided in Subsection
(3)
, examine and audit the expenditures of any
public funds provided to a local health department, a local substance abuse authority,
a local mental health authority, a local area agency on aging, and any person, agency,
or organization that contracts with or receives funds from those authorities or
agencies;
(t)
in accordance with Subsection
26B-2-104(1)(d)
, accredit one or more agencies and
persons to provide intercountry adoption services;
(u)
within legislative appropriations, promote and develop a system of care and
stabilization services:
(i)
in compliance with Title
63G, Chapter 6a
, Utah Procurement Code; and
(ii)
that encompasses the department, department contractors, and the divisions,
offices, or institutions within the department, to:
(A)
navigate services, funding resources, and relationships to the benefit of the
children and families whom the department serves;
(B)
centralize department operations, including procurement and contracting;
(C)
develop policies that govern business operations and that facilitate a system of
care approach to service delivery;
(D)
allocate resources that may be used for the children and families served by the
department or the divisions, offices, or institutions within the department,
subject to the restrictions in Section
63J-1-206
;
(E)
create performance-based measures for the provision of services; and
(F)
centralize other business operations, including data matching and sharing
among the department's divisions, offices, and institutions;
(v)
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;
(w)
enter into cooperative agreements with the Department of Environmental Quality to
delineate specific responsibilities to assure that assessment and management of risk
to human health from the environment are properly administered;
(x)
consult with the Department of Environmental Quality and enter into cooperative
agreements, as needed, to ensure efficient use of resources and effective response to
potential health and safety threats from the environment, and to prevent gaps in
protection from potential risks from the environment to specific individuals or
population groups;
(y)
to the extent authorized under state law or required by federal law, promote and
protect the health and wellness of the people within the state;
(z)
establish, maintain, and enforce rules authorized under state law or required by
federal law to promote and protect the public health or to prevent disease and illness;
(aa)
investigate the causes of epidemic, infectious, communicable, and other diseases
affecting the public health;
(bb)
provide for the detection and reporting of communicable, infectious, acute, chronic,
or any other disease or health hazard which the department considers to be
dangerous, important, or likely to affect the public health;
(cc)
collect and report information on causes of injury, sickness, death, and disability
and the risk factors that contribute to the causes of injury, sickness, death, and
disability within the state;
(dd)
collect, prepare, publish, and disseminate information to inform the public
concerning the health and wellness of the population, specific hazards, and risks that
may affect the health and wellness of the population and specific activities which
may promote and protect the health and wellness of the population;
(ee)
abate nuisances when necessary to eliminate sources of filth and infectious and
communicable diseases affecting the public health;
(ff)
make necessary sanitary and health investigations and inspections in cooperation
with local health departments as to any matters affecting the public health;
(gg)
establish laboratory services necessary to support public health programs and
medical services in the state;
(hh)
establish and enforce standards for laboratory services which are provided by any
laboratory in the state when the purpose of the services is to protect the public health;
(ii)
cooperate with the Labor Commission to conduct studies of occupational health
hazards and occupational diseases arising in and out of employment in industry, and
make recommendations for elimination or reduction of the hazards;
(jj)
cooperate with the local health departments, the Department of Corrections, the
Administrative Office of the Courts, the Division of Juvenile Justice and Youth
Services, and the
Utah
Office for Victims of Crime to conduct testing for HIV
infection of alleged sexual offenders, convicted sexual offenders, and any victims of
a sexual offense;
(kk)
investigate the causes of maternal and infant mortality;
(ll)
establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
and drivers of motor vehicles killed in highway accidents be examined for the
presence and concentration of alcohol, and provide the
Commissioner of Public
Safety
commissioner of public safety
with monthly statistics reflecting the results of
these examinations, with necessary safeguards so that information derived from the
examinations is not used for a purpose other than the compilation of these statistics;
(mm)
establish a uniform public health program throughout the state which includes
continuous service, employment of qualified employees, and a basic program of
disease control, vital and health statistics, sanitation, public health nursing, and other
preventive health programs necessary or desirable for the protection of public health;
(nn)
conduct health planning for the state;
(oo)
monitor the costs of health care in the state and foster price competition in the
health care delivery system;
(pp)
establish methods or measures for health care providers, public health entities, and
health care insurers to coordinate among themselves to verify the identity of the
individuals the providers serve;
(qq)
designate Alzheimer's disease and related dementia as a public health issue and,
within budgetary limitations, implement a state plan for Alzheimer's disease and
related dementia by incorporating the plan into the department's strategic planning
and budgetary process;
(rr)
coordinate with other state agencies and other organizations to implement the state
plan for Alzheimer's disease and related dementia;
(ss)
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 by the agency or under this
Title
26B, Utah Health and
Human Services Code;
title;
(tt)
oversee public education vision screening as described in Section
53G-9-404
;
(uu)
issue code blue alerts in accordance with Title
35A, Chapter 16, Part 7
, Code Blue
Alert; and
(vv)
as allowed by state and federal law, share data with the Office of Families that is
relevant to the duties described in Subsection
26B-1-243(4)
, which may include, to
the extent available:
(i)
demographic data concerning family structures in the state; and
(ii)
data regarding the family structure associated with:
(A)
suicide, depression, or anxiety; and
(B)
various health outcomes.
(3)
(a)
Under Subsection
(2)(s)
, those local departments, local authorities, area agencies,
and any person or entity that contracts with or receives funds from those departments,
authorities, or area agencies, shall provide the department with any information the
department considers necessary.
(b)
The department is further authorized to issue directives resulting from any
examination or audit to a local department, local authority, an area agency, and
persons or entities that contract with or receive funds from those departments,
authorities, or agencies with regard to any public funds.
(c)
If the department determines that it is necessary to withhold funds from a local health
department, local mental health authority, or local substance abuse authority based on
failure to comply with state or federal law, policy, or contract provisions, the
department may take steps necessary to ensure continuity of services.
Section 11. Section
26B-5-102
is amended to read:
26B-5-102
Effective
07/01/26
. Division of Integrated Healthcare -- Office of
Substance Use and Mental Health -- Creation -- Responsibilities.
(1)
(a)
The Division of Integrated Healthcare shall exercise responsibility over the
policymaking functions, regulatory and enforcement powers, rights, duties, and
responsibilities outlined in state law that were previously vested in the Division of
Substance Abuse and Mental Health within the department, under the administration
and general supervision of the executive director.
(b)
The division is the substance abuse authority and the mental health authority for this
state.
(c)
There is created the Office of Substance Use and Mental Health within the division.
(d)
The office shall exercise the responsibilities, powers, rights, duties, and
responsibilities assigned to the office by the executive director.
(2)
The division shall:
(a)
educate the general public regarding the nature and consequences of substance use by
promoting school and community-based prevention programs;
(b)
render support and assistance to public schools through approved school-based
substance abuse education programs aimed at prevention of substance use;
(c)
promote or establish programs for the prevention of substance use within the
community setting through community-based prevention programs;
(d)
cooperate with and assist treatment centers, recovery residences, and other
organizations that provide services to individuals recovering from a substance use
disorder, by identifying and disseminating information about effective practices and
programs;
(e)
promote integrated programs that address an individual's substance use, mental
health, and physical health;
(f)
establish and promote an evidence-based continuum of screening, assessment,
prevention, treatment, and recovery support services in the community for
individuals with a substance use disorder or mental illness;
(g)
evaluate the effectiveness of programs described in this Subsection
(2)
;
(h)
consider the impact of the programs described in this Subsection
(2)
on:
(i)
emergency department utilization;
(ii)
jail and prison populations;
(iii)
the homeless population; and
(iv)
the child welfare system;
(i)
promote or establish programs for education and certification of instructors to educate
individuals convicted of driving under the influence of alcohol or drugs or driving
with any measurable controlled substance in the body;
(j)
collect and disseminate information pertaining to mental health;
(k)
provide direction over the state hospital including approval of the state hospital's
budget, administrative policy, and coordination of services with local service plans;
(l)
make rules in accordance with Title
63G, Chapter 3
, Utah Administrative
Rulemaking Act, to educate families concerning mental illness and promote family
involvement, when appropriate, and with patient consent, in the treatment program of
a family member;
(m)
make rules in accordance with Title
63G, Chapter 3
, Utah Administrative
Rulemaking Act, to direct that an individual receiving services through a local mental
health authority or the Utah State Hospital be informed about and, if desired by the
individual, provided assistance in the completion of a declaration for mental health
treatment in accordance with Section
26B-5-313
;
(n)
make rules in accordance with Title
63G, Chapter 3
, Utah Administrative
Rulemaking Act, that:
(i)
certify an adult as a case manager, qualified to provide case management services
within the state;
(ii)
establish training and certification requirements;
(iii)
specify the types of services each certificate holder is qualified to provide;
(iv)
specify the type of supervision under which a certificate holder is required to
operate; and
(v)
specify continuing education and other requirements for maintaining or renewing
certification;
(o)
consult and coordinate with local substance abuse authorities and local mental health
authorities regarding programs and services;
(p)
provide consultation and other assistance to public and private agencies and groups
working on substance use and mental health issues;
(q)
promote and establish cooperative relationships with courts, hospitals, clinics,
medical and social agencies, public health authorities, law enforcement agencies,
education and research organizations, and other related groups;
(r)
promote or conduct research on substance use and mental health issues, and submit to
the governor and the Legislature recommendations for changes in policy and
legislation;
(s)
receive, distribute, and provide direction over public funds for substance use and
mental health services;
(t)
monitor and evaluate programs provided by local substance abuse authorities and
local mental health authorities;
(u)
examine expenditures of local, state, and federal funds;
(v)
monitor the expenditure of public funds by:
(i)
local substance abuse authorities;
(ii)
local mental health authorities; and
(iii)
in counties where they exist, a private contract provider that has an annual or
otherwise ongoing contract to provide comprehensive substance abuse or mental
health programs or services for the local substance abuse authority or local mental
health authority;
(w)
contract with local substance abuse authorities and local mental health authorities to
provide a comprehensive continuum of services that include community-based
services for individuals involved in the criminal justice system, in accordance with
division policy, contract provisions, and the local plan;
(x)
contract with private and public entities for special statewide or nonclinical services,
or services for individuals involved in the criminal justice system, according to
division rules;
(y)
review and approve each local substance abuse authority's plan and each local mental
health authority's plan in order to ensure:
(i)
a statewide comprehensive continuum of substance use services;
(ii)
a statewide comprehensive continuum of mental health services;
(iii)
services result in improved overall health and functioning;
(iv)
a statewide comprehensive continuum of community-based services designed to
reduce criminal risk factors for individuals who are determined to have substance
use or mental illness conditions or both, and who are involved in the criminal
justice system;
(v)
compliance, where appropriate, with the certification requirements in Subsection
(2)(gg)
; and
(vi)
appropriate expenditure of public funds;
(z)
review and make recommendations regarding each local substance abuse authority's
contract with the local substance abuse authority's provider of substance use
programs and services and each local mental health authority's contract with the local
mental health authority's provider of mental health programs and services to ensure
compliance with state and federal law and policy;
(aa)
monitor and ensure compliance with division rules and contract requirements;
(bb)
withhold funds from local substance abuse authorities, local mental health
authorities, and public and private providers for contract noncompliance, failure to
comply with division directives regarding the use of public funds, or for misuse of
public funds or money;
(cc)
ensure that the requirements of this part are met and applied uniformly by local
substance abuse authorities and local mental health authorities across the state;
(dd)
require each local substance abuse authority and each local mental health authority,
in accordance with Sections
17-77-201
and
17-77-301
, to submit a plan to the
division on or before May 15 of each year;
(ee)
conduct an annual program audit and review of each local substance abuse authority
and each local substance abuse authority's contract provider, and each local mental
health authority and each local mental health authority's contract provider, including:
(i)
a review and determination regarding whether:
(A)
public funds allocated to the local substance abuse authority or the local
mental health authorities are consistent with services rendered by the authority
or the authority's contract provider, and with outcomes reported by the
authority's contract provider; and
(B)
each local substance abuse authority and each local mental health authority is
exercising sufficient oversight and control over public funds allocated for
substance use disorder and mental health programs and services; and
(ii)
items determined by the division to be necessary and appropriate;
(ff)
define "prevention" by rule as required under Title
32B, Chapter 2, Part 4
, Alcoholic
Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
(gg)
train and certify an adult as a peer support specialist, qualified to provide peer
supports services to an individual with:
(i)
a substance use disorder;
(ii)
a mental health disorder;
(iii)
a substance use disorder and a mental health disorder;
(iv)
certify a person to carry out, as needed, the division's duty to train and certify an
adult as a peer support specialist;
(v)
make rules in accordance with Title
63G, Chapter 3
, Utah Administrative
Rulemaking Act, that:
(A)
establish training and certification requirements for a peer support specialist;
(B)
specify the types of services a peer support specialist is qualified to provide;
(C)
specify the type of supervision under which a peer support specialist is
required to operate; and
(D)
specify continuing education and other requirements for maintaining or
renewing certification as a peer support specialist; and
(vi)
make rules in accordance with Title
63G, Chapter 3
, Utah Administrative
Rulemaking Act, that:
(A)
establish the requirements for a person to be certified to carry out, as needed,
the division's duty to train and certify an adult as a peer support specialist; and
(B)
specify how the division shall provide oversight of a person certified to train
and certify a peer support specialist;
(hh)
collaborate with the
State Commission on Criminal and Juvenile Justice
Department of Criminal Justice
to analyze and provide recommendations to the
Legislature regarding:
(i)
pretrial services and the resources needed to reduce recidivism;
(ii)
county jail and county behavioral health early-assessment resources needed for an
individual convicted of a class A or class B misdemeanor; and
(iii)
the replacement of federal dollars associated with drug interdiction law
enforcement task forces that are reduced;
(ii)
establish performance goals and outcome measurements for a mental health or
substance use treatment program that is licensed under Chapter
2, Part 1
, Human
Services Programs and Facilities, and contracts with the department, including goals
and measurements related to employment and reducing recidivism of individuals
receiving mental health or substance use treatment who are involved with the
criminal justice system;
(jj)
collaborate with the Administrative Office of the Courts, the Department of
Corrections, the Department of Workforce Services, and the Board of Pardons and
Parole to collect data on recidivism in accordance with the metrics and requirements
described in Section
63M-7-102
75E-2-203
;
(kk)
at the division's discretion, use the data described in Subsection
(2)(jj)
to make
decisions regarding the use of funds allocated to the division to provide treatment;
(ll)
publish the following on the division's website:
(i)
the performance goals and outcome measurements described in Subsection
(2)(ii)
;
and
(ii)
a description of the services provided and the contact information for the mental
health and substance use treatment programs described in Subsection
(2)(ii)
and
residential vocational or life skills programs, as defined in Section
13-53-102
;
(mm)
consult and coordinate with the Division of Child and Family Services to develop
and manage the operation of a program designed to reduce substance use during
pregnancy and by parents of a newborn child that includes:
(i)
providing education and resources to health care providers and individuals in the
state regarding prevention of substance use during pregnancy;
(ii)
providing training to health care providers in the state regarding screening of a
pregnant woman or pregnant minor to identify a substance use disorder; and
(iii)
providing referrals to pregnant women, pregnant minors, or parents of a newborn
child in need of substance use treatment services to a facility that has the capacity
to provide the treatment services; and
(nn)
create training and educational materials regarding recognizing a drug overdose.
(3)
In addition to the responsibilities described in Subsection
(2)
, the division shall, within
funds appropriated by the Legislature for this purpose, implement and manage the
operation of a firearm safety and suicide prevention program, in consultation with the
Bureau of Criminal Identification created in Section
53-10-201
, including:
(a)
coordinating with local mental health and substance abuse authorities, a nonprofit
behavioral health advocacy group, and a representative from a Utah-based nonprofit
organization with expertise in the field of firearm use and safety that represents
firearm owners, to:
(i)
produce and periodically review and update a firearm safety brochure and other
educational materials with information about the safe handling and use of firearms
that includes:
(A)
information on safe handling, storage, and use of firearms in a home
environment;
(B)
information about at-risk individuals and individuals who are legally
prohibited from possessing firearms;
(C)
information about suicide prevention awareness; and
(D)
information about the availability of firearm safety packets;
(ii)
procure cable-style gun locks for distribution under this section;
(iii)
produce a firearm safety packet that includes the firearm safety brochure and the
cable-style gun lock described in this Subsection
(3)
; and
(iv)
create a suicide prevention education course that:
(A)
provides information for distribution regarding firearm safety education;
(B)
incorporates current information on how to recognize suicidal behaviors and
identify individuals who may be suicidal; and
(C)
provides information regarding crisis intervention resources;
(b)
distributing, free of charge, the firearm safety packet to the following persons, who
shall make the firearm safety packet available free of charge:
(i)
health care providers, including emergency rooms;
(ii)
mobile crisis outreach teams;
(iii)
mental health practitioners;
(iv)
other public health suicide prevention organizations;
(v)
entities that teach firearm safety courses;
(vi)
school districts for use in the seminar, described in Section
53G-9-703
, for
parents of students in the school district; and
(vii)
firearm dealers to be distributed in accordance with Section
53-5a-602
;
(c)
creating and administering a rebate program that includes a rebate that offers
between $10 and $200 off the purchase price of a firearm safe from a participating
firearms dealer or a person engaged in the business of selling firearm safes in Utah,
by a Utah resident; and
(d)
in accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act,
making rules that establish procedures for:
(i)
producing and distributing the suicide prevention education course and the firearm
safety brochures and packets;
(ii)
procuring the cable-style gun locks for distribution; and
(iii)
administering the rebate program.
(4)
(a)
The division may refuse to contract with and may pursue legal remedies against
any local substance abuse authority or local mental health authority that fails, or has
failed, to expend public funds in accordance with state law, division policy, contract
provisions, or directives issued in accordance with state law.
(b)
The division may withhold funds from a local substance abuse authority or local
mental health authority if the authority's contract provider of substance use or mental
health programs or services fails to comply with state and federal law or policy.
(5)
(a)
Before reissuing or renewing a contract with any local substance abuse authority
or local mental health authority, the division shall review and determine whether the
local substance abuse authority or local mental health authority is complying with the
oversight and management responsibilities described in Sections
17-77-201
,
17-77-203
,
17-77-303
, and
17-77-307
.
(b)
Nothing in this Subsection
(5)
may be used as a defense to the responsibility and
liability described in Section
17-77-303
and to the responsibility and liability
described in Section
17-77-203
.
(6)
In carrying out the division's duties and responsibilities, the division may not duplicate
treatment or educational facilities that exist in other divisions or departments of the state,
but shall work in conjunction with those divisions and departments in rendering the
treatment or educational services that those divisions and departments are competent and
able to provide.
(7)
The division may accept in the name of and on behalf of the state donations, gifts,
devises, or bequests of real or personal property or services to be used as specified by
the donor.
(8)
The division shall annually review with each local substance abuse authority and each
local mental health authority the authority's statutory and contract responsibilities
regarding:
(a)
use of public funds;
(b)
oversight of public funds; and
(c)
governance of substance use disorder and mental health programs and services.
(9)
The Legislature may refuse to appropriate funds to the division upon the division's
failure to comply with the provisions of this part.
(10)
If a local substance abuse authority contacts the division under Section
17-77-201
for
assistance in providing treatment services to a pregnant woman or pregnant minor, the
division shall:
(a)
refer the pregnant woman or pregnant minor to a treatment facility that has the
capacity to provide the treatment services; or
(b)
otherwise ensure that treatment services are made available to the pregnant woman
or pregnant minor.
(11)
The division shall employ a school-based mental health specialist to be housed at the
State Board of Education who shall work with the State Board of Education to:
(a)
provide coordination between a local education agency and local mental health
authority;
(b)
recommend evidence-based and evidence informed mental health screenings and
intervention assessments for a local education agency; and
(c)
coordinate with the local community, including local departments of health, to
enhance and expand mental health related resources for a local education agency.
Section 12. Section
26B-5-306
is amended to read:
26B-5-306
Effective
07/01/26
. Objectives of state hospital and other facilities --
Individuals who may be admitted to state hospital.
(1)
The objectives of the state hospital and other mental health facilities shall be to
:
(a)
care for all
persons
individuals
within this state who are subject to the provisions of
this chapter; and
to
(b)
furnish
them
those individuals
with the proper attendance, medical treatment,
seclusion, rest, restraint, amusement, occupation, and support that is conducive to
their
the individuals'
physical and mental well-being.
(2)
Only the following
persons
individuals
may be admitted to the state hospital:
(a)
persons
individuals
18 years old and older who meet the criteria necessary for
commitment under this part and who have severe mental disorders for whom no
appropriate, less restrictive treatment alternative is available;
(b)
persons
individuals
under 18 years old who meet the criteria necessary for
commitment under
Part 4, Commitment of Persons under Age 18
Part 4,
Commitment of Persons Under Age 18
, and for whom no less restrictive alternative
is available;
(c)
persons
individuals
adjudicated and found to be guilty with a mental condition
under
Title 77, Chapter 16a, Commitment and Treatment of Individuals with a
Mental Condition
;
(d)
persons
individuals
adjudicated and found to be not guilty by reason of insanity
who are under a subsequent commitment order because they have a mental illness
and are a danger to themselves or others, under Section
77-16a-302
;
(e)
persons
individuals
found incompetent to proceed under Section
77-15-6
;
(f)
persons
individuals
who require an examination under
Title 77, Utah Code of
Criminal Procedure
Title 77, Criminal Procedure
; and
(g)
persons
individuals
in the custody of the Department of Corrections, admitted in
accordance with Section
26B-5-372
, giving priority to those
persons
individuals
with severe mental disorders.
Section 13. Section
26B-5-380
is amended to read:
26B-5-380
Effective
07/01/26
. Mental illness and intellectual disability
examinations -- Responsibilities of the department.
(1)
In accomplishing the department's duties to conduct a competency evaluation under
Title 77, Utah Code of Criminal Procedure
Title 77, Chapter 15, Defendant's
Competency to Proceed
, and a juvenile competency evaluation under Section
80-6-402
,
the department shall proceed as outlined in this section and within appropriations
authorized by the Legislature.
(2)
When the department is ordered by a court to conduct a competency evaluation, the
department shall designate a forensic evaluator, selected under Subsection
(4)
, to
evaluate the defendant in the defendant's current custody or status.
(3)
When the department is ordered by the juvenile court to conduct a juvenile competency
evaluation under Section
80-6-402
, the department shall:
(a)
designate an examiner selected
pursuant to
in accordance with
Subsection
(4)
to
evaluate the minor; and
(b)
upon a finding of good cause and order of the court, designate a second examiner to
evaluate the minor.
(4)
(a)
The department shall establish criteria, in consultation with the
Commission on
Criminal and Juvenile Justice
Department of Criminal Justice
, and shall contract with
persons to conduct competency evaluations and juvenile competency evaluations
under Subsections
(2)
and
(3)(b)
.
(b)
In making
this
the
selection
described in Subsection
(4)(a)
, the department shall
follow the provisions of
Title 63G, Chapter 6a, Utah Procurement Code
.
(5)
(a)
Nothing in this section prohibits the department, at the request of defense counsel
or a prosecuting attorney in a criminal proceeding under
Title 77, Utah Code of
Criminal Procedure
Title 77, Criminal Procedure
, and for good cause shown, from
proposing a person who has not been previously selected under Subsection
(4)
to
contract with the department to conduct the evaluation.
(b)
In selecting that person, the criteria of the department established under Subsection
(4)
and the provisions of
Title 63G, Chapter 6a, Utah Procurement Code
, shall be met.
Section 14. Section
26B-5-801
is amended to read:
26B-5-801
Effective
07/01/26
Repealed
01/01/33
. Definitions -- Creation of
committee -- Membership -- Terms.
(1)
(a)
As used in this part, "committee" means the Utah Substance Use and Mental
Health Advisory Committee created in this section.
(b)
There is created within the department the Utah Substance Use and Mental Health
Advisory Committee, which serves under the direction of the Utah Behavioral Health
Commission created in Section
26B-5-702
.
(2)
The committee shall be comprised of the following voting members:
(a)
the attorney general or the attorney general's designee;
(b)
one elected county official appointed by the Utah Association of Counties;
(c)
the commissioner of public safety or the commissioner's designee;
(d)
the director of the Division of Integrated Healthcare or the director's designee;
(e)
the state superintendent of public instruction or the superintendent's designee;
(f)
the executive director of the Department of Health and Human Services or the
executive director's designee;
(g)
the
executive director
commissioner
of the
State Commission on Criminal and
Juvenile Justice
Department of Criminal Justice
or the
executive director's
commissioner's
designee;
(h)
the executive director of the Department of Corrections or the executive director's
designee;
(i)
the director of the Division of Juvenile Justice and Youth Services or the director's
designee;
(j)
the director of the Division of Child and Family Services or the director's designee;
(k)
the chair of the Board of Pardons and Parole or the chair's designee;
(l)
the director of the Office of Multicultural Affairs or the director's designee;
(m)
the director of the Division of Indian Affairs or the director's designee;
(n)
the state court administrator or the state court administrator's designee;
(o)
one district court judge who presides over a drug court and who is appointed by the
chief justice of the Utah Supreme Court;
(p)
one district court judge who presides over a mental health court and who is
appointed by the chief justice of the Utah Supreme Court;
(q)
one juvenile court judge who presides over a drug court and who is appointed by the
chief justice of the Utah Supreme Court;
(r)
one prosecutor appointed by the Statewide Association of Prosecutors;
(s)
the chair or co-chair of each subcommittee established by the committee;
(t)
the chair or co-chair of the Statewide Suicide Prevention Committee created under
Subsection
26B-5-611(3)
;
(u)
one representative appointed by the Utah League of Cities and Towns to serve a
four-year term;
(v)
the chair of the
Utah
Victim Services Commission or the chair's designee;
(w)
the superintendent of the Utah State Hospital or the superintendent's designee;
(x)
the following members appointed by the governor to serve four-year terms:
(i)
one resident of the state who has been personally affected by a substance use or
mental health disorder; and
(ii)
one citizen representative; and
(y)
in addition to the voting members described in Subsections
(2)(a)
through
(x)
, the
following voting members appointed by a majority of the members described in
Subsections
(2)(a)
through
(x)
to serve four-year terms:
(i)
one resident of the state who represents a statewide advocacy organization for
recovery from substance use disorders;
(ii)
one resident of the state who represents a statewide advocacy organization for
recovery from mental illness;
(iii)
one resident of the state who represents a statewide advocacy organization for
protection of rights of individuals with a disability;
(iv)
one resident of the state who represents prevention professionals;
(v)
one resident of the state who represents treatment professionals;
(vi)
one resident of the state who represents the physical health care field;
(vii)
one resident of the state who is a criminal defense attorney;
(viii)
one resident of the state who is a military servicemember or military veteran
under Section
53H-11-202
;
(ix)
one resident of the state who represents local law enforcement agencies;
(x)
one representative of private service providers that serve youth with substance use
disorders or mental health disorders; and
(xi)
one resident of the state who is certified by the Division of Integrated Healthcare
as a peer support specialist as described in Subsection
26B-5-102(2)(gg)
.
(3)
An individual other than an individual described in Subsection
(2)
may not be appointed
as a voting member of the committee.
Section 15. Section
32B-4-201
is amended to read:
32B-4-201
Effective
07/01/26
. Applicability of criminal procedure statutes and
rules.
Except as otherwise provided in this title, the procedure in a criminal case arising under
this title is governed by
Title 77, Utah Code of Criminal Procedure
Title 77, Criminal
Procedure
, and any other rules adopted by the Utah Supreme Court.
Section 16. Section
32B-4-301
is amended to read:
32B-4-301
Effective
07/01/26
. Applicability of Title 76, Criminal Offenses.
Except as otherwise provided,
Title 76, Chapter 1, General Provisions
,
Chapter 2,
Principles of Criminal Responsibility
,
Chapter 3, Punishments
, and
Chapter 4, Inchoate
Offenses
, apply to the prosecution of a criminal offense defined in this chapter or expressly
identified as a criminal offense in this title.
Section 17. Section
36-29-111
is amended to read:
36-29-111
Effective
07/01/26
Repealed
07/01/29
. Public Safety Data
Management Task Force.
(1)
As used in this section:
(a)
"Cohabitant abuse protective order" means an order issued with or without notice to
the respondent in accordance with Title 78B, Chapter 7, Part 6, Cohabitant Abuse
Protective Orders.
(b)
"Lethality assessment" means an evidence-based assessment that is intended to
identify a victim of domestic violence who is at a high risk of being killed by the
perpetrator.
(c)
"Task force" means the Public Safety Data Management Task Force created in this
section.
(d)
"Victim" means an individual who is a victim of domestic violence, as defined in
Section
77-36-1
.
(2)
There is created the Public Safety Data Management Task Force consisting of the
following members:
(a)
three members of the Senate appointed by the president of the Senate, no more than
two of whom may be from the same political party;
(b)
three members of the House of Representatives appointed by the speaker of the
House of Representatives, no more than two of whom may be from the same political
party; and
(c)
representatives from the following organizations as requested by the
executive
director
commissioner
of the
State Commission on Criminal and Juvenile Justice
Department of Criminal Justice
:
(i)
the
State Commission on Criminal and Juvenile Justice
Department of Criminal
Justice
;
(ii)
the Judicial Council;
(iii)
the Statewide Association of Prosecutors;
(iv)
the Department of Corrections;
(v)
the Department of Public Safety;
(vi)
the Utah Association of Counties;
(vii)
the Utah Chiefs of Police Association;
(viii)
the Utah Sheriffs Association;
(ix)
the Board of Pardons and Parole;
(x)
the Department of Health and Human Services; and
(xi)
any other organizations or groups as recommended by the
executive director
commissioner
of the
Commission on Criminal and Juvenile Justice
Department
of Criminal Justice
.
(3)
(a)
The president of the Senate shall designate a member of the Senate appointed
under Subsection
(2)(a)
as a cochair of the task force.
(b)
The speaker of the House of Representatives shall designate a member of the House
of Representatives appointed under Subsection
(2)(b)
as a cochair of the task force.
(4)
(a)
A majority of the members of the task force present at a meeting constitutes a
quorum.
(b)
The action of a majority of a quorum constitutes an action of the task force.
(5)
(a)
Salaries and expenses of the members of the task force who are legislators shall be
paid in accordance with Section
36-2-2
and Legislative Joint Rules, Title 5, Chapter
3, Legislator Compensation.
(b)
A member of the task force who is not a legislator:
(i)
may not receive compensation for the member's work associated with the task
force; and
(ii)
may receive per diem and reimbursement for travel expenses incurred as a
member of the task force at the rates established by the Division of Finance under
Sections
63A-3-106
and
63A-3-107
.
(6)
The
State Commission on Criminal and Juvenile Justice
Department of Criminal Justice
shall provide staff support to the task force.
(7)
The task force shall review the state's current criminal justice data collection
requirements and make recommendations regarding:
(a)
possible ways to connect the various records systems used throughout the state so
that data can be shared between criminal justice agencies and with policymakers;
(b)
ways to automate the collection, storage, and dissemination of the data;
(c)
standardizing the format of data collection and retention;
(d)
the collection of domestic violence data in the state; and
(e)
the collection of data not already required related to criminal justice.
(8)
On or before November 30 of each year, the task force shall provide a report to the Law
Enforcement and Criminal Justice Interim Committee and the Legislative Management
Committee that includes:
(a)
recommendations in accordance with Subsection
(7)(a)
(7)
;
(b)
information on:
(i)
lethality assessments conducted in the state, including:
(A)
the type of lethality assessments used by law enforcement agencies and other
organizations that provide domestic violence services; and
(B)
training and protocols implemented by law enforcement agencies and the
organizations described in Subsection
(8)(b)(i)(A)
regarding the use of lethality
assessments;
(ii)
the data collection efforts implemented by law enforcement agencies and the
organizations described in Subsection
(8)(b)(i)(A)
;
(iii)
the number of cohabitant abuse protective orders that, in the immediately
preceding calendar year, were:
(A)
issued;
(B)
amended or dismissed before the date of expiration; or
(C)
dismissed under Section
78B-7-605
; and
(iv)
the prevalence of domestic violence in the state and the prevalence of the
following in domestic violence cases:
(A)
stalking;
(B)
strangulation;
(C)
violence in the presence of a child; and
(D)
threats of suicide or homicide;
(c)
a review of and feedback on:
(i)
lethality assessment training and protocols implemented by law enforcement
agencies and the organizations described in Subsection
(8)(b)(i)(A)
; and
(ii)
the collection of domestic violence data in the state, including:
(A)
the coordination between state, local, and not-for-profit agencies to collect
data from lethality assessments and on the prevalence of domestic violence,
including the number of voluntary commitments of firearms under Section
53-5a-502
;
(B)
efforts to standardize the format for collecting domestic violence and lethality
assessment data from state, local, and not-for-profit agencies within federal
confidentiality requirements; and
(C)
the need for any additional data collection requirements or efforts; and
(d)
any proposed legislation.
Section 18. Section
41-1a-1101
is amended to read:
41-1a-1101
Effective
07/01/26
. Seizure -- Circumstances where permitted --
Impound lot standards.
(1)
As used in this section:
(a)
(i)
"Criminal offense" means a class B misdemeanor offense, a class A
misdemeanor offense, or a felony offense.
(ii)
"Criminal offense" includes:
(A)
a class B misdemeanor offense, a class A misdemeanor offense, or a felony
offense described in Chapter 6a, Traffic Code, Title 53, Chapter 3, Part 2,
Driver Licensing Act, Title 73, Chapter 18, State Boating Act, or
Title 76,
Utah Criminal Code
Title 76, Criminal Offenses
; and
(B)
a local ordinance that is a class B misdemeanor and is substantially similar to
an offense listed in Subsection
(1)(a)(ii)(A)
.
(b)
"Operator" means the same as that term is defined in Section
41-6a-102
.
(c)
"Road rage event" means the commission of a criminal offense:
(i)
by an operator of a vehicle;
(ii)
in response to an incident that occurs or escalates upon a roadway; and
(iii)
with the intent to endanger or intimidate an individual in another vehicle.
(d)
"Roadway" means:
(i)
a highway; or
(ii)
a private road or driveway as defined in Section
41-6a-102
.
(2)
The division or any peace officer, without a warrant, may seize and take possession of
any vehicle, vessel, or outboard motor:
(a)
that the division or the peace officer has probable cause to believe has been stolen;
(b)
on which any identification number has been defaced, altered, or obliterated;
(c)
that has been abandoned in accordance with Section
41-6a-1408
;
(d)
for which the applicant has written a check for registration or title fees that has not
been honored by the applicant's bank and that is not paid within 30 days;
(e)
that is placed on the water with improper registration;
(f)
that is being operated on a highway:
(i)
with registration that has been expired for more than three months;
(ii)
having never been properly registered by the current owner; or
(iii)
with registration that is suspended or revoked;
(g)
(i)
that the division or the peace officer has probable cause to believe has been
involved in an accident described in Section
41-6a-401
,
41-6a-401.3
, or
41-6a-401.5
; and
(ii)
whose operator did not remain at the scene of the accident until the operator
fulfilled the requirements described in Section
41-6a-401
or
41-6a-401.7
; or
(h)
if the division or peace officer has probable cause to believe that the operator:
(i)
failed to properly display the license plate on a motorcycle as described in Section
41-1a-404.1
; or
(ii)
used the motorcycle:
(A)
to perform a wheelie in violation of Section
41-6a-606
.1; or
(B)
to engage in lane splitting in violation of Section
41-6a-704
.1.
(3)
(a)
The division or a peace officer shall seize and take possession of a vehicle,
without a warrant, when:
(i)
the division or the peace officer has probable cause to believe that an operator of
the vehicle engaged in a road rage event; and
(ii)
the operator of the vehicle has been arrested in conjunction with the road rage
event.
(b)
A peace officer may release a vehicle seized and possessed under Subsection
(3)(a)
to the registered owner of the vehicle if the registered owner is not the individual
subject to arrest under Subsection
(3)(a)
and is immediately available, at the location
of the arrest, to take possession of the vehicle.
(4)
(a)
Subject to the restriction in Subsection
(4)(b)
, the division or any peace officer,
without a warrant:
(i)
shall seize and take possession of any vehicle that is being operated on a highway
without owner's or operator's security in effect for the vehicle as required under
Section
41-12a-301
and the vehicle was involved in an accident; or
(ii)
may seize and take possession of any vehicle that is being operated on a highway
without owner's or operator's security in effect for the vehicle as required under
Section
41-12a-301
after the division or any peace officer makes a reasonable
determination whether the vehicle would:
(A)
present a public safety concern to the operator or any of the occupants in the
vehicle; or
(B)
prevent the division or the peace officer from addressing other public safety
considerations.
(b)
The division or any peace officer may not seize and take possession of a vehicle
under Subsection
(4)(a)
:
(i)
if the operator of the vehicle is not carrying evidence of owner's or operator's
security as defined in Section
41-12a-303.2
in the vehicle unless the division or
peace officer verifies that owner's or operator's security is not in effect for the
vehicle through the Uninsured Motorist Identification Database created in
accordance with Section
41-12a-803
; or
(ii)
if the operator of the vehicle is carrying evidence of owner's or operator's security
as defined in Section
41-12a-303.2
in the vehicle and the Uninsured Motorist
Identification Database created in accordance with Section
41-12a-803
indicates
that the owner's or operator's security is not in effect for the vehicle, unless the
division or a peace officer makes a reasonable attempt to independently verify that
owner's or operator's security is not in effect for the vehicle.
(5)
If necessary for the transportation of a seized vessel, the vessel's trailer may be seized to
transport and store the vessel.
(6)
Any peace officer seizing or taking possession of a vehicle, vessel, or outboard motor
under this section shall comply with the provisions of Section
41-6a-1406
.
(7)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commission shall make rules setting standards for public garages, impound lots,
and impound yards that may be used by peace officers and the division.
(b)
The standards shall be equitable, reasonable, and unrestrictive as to the number of
public garages, impound lots, or impound yards per geographical area.
(c)
A crusher, dismantler, or salvage dealer may not operate as a state impound yard
unless the crusher, dismantler, or salvage dealer meets all of the requirements for a
state impound yard set forth in this section and rules made in accordance with
Subsection
(7)(a)
.
(d)
(i)
Rules made by the commission shall include a requirement that a state impound
yard have opaque fencing on any side of the state impound yard that has frontage
with a highway.
(ii)
The opaque fencing described in Subsection
(7)(d)(i)
may be opaque chain link
fencing.
(8)
(a)
Except as provided under Subsection
(8)(b)
, a person may not operate or allow to
be operated a vehicle stored in a public garage, impound lot, or impound yard
regulated under this part without prior written permission of the owner of the vehicle.
(b)
Incidental and necessary operation of a vehicle to move the vehicle from one parking
space to another within the facility and that is necessary for the normal management
of the facility is not prohibited under Subsection
(8)(a)
.
(9)
A person who violates the provisions of Subsection
(8)
is guilty of a class C
misdemeanor.
(10)
The division or the peace officer who seizes a vehicle shall record the mileage shown
on the vehicle's odometer at the time of seizure, if:
(a)
the vehicle is equipped with an odometer; and
(b)
the odometer reading is accessible to the division or the peace officer.
Section 19. Section
41-6a-511
is amended to read:
41-6a-511
Effective
07/01/26
. Courts to collect and maintain data.
(1)
The state courts shall collect and maintain data necessary to allow sentencing and
enhancement decisions to be made in accordance with this part.
(2)
(a)
Each justice court shall transmit dispositions electronically to the Department of
Public Safety in accordance with the requirement for recertification established by
the Judicial Council.
(b)
Immediately upon filling the requirements under Subsection
(2)(a)
, a justice court
shall collect and report the same DUI related data elements collected and maintained
by the state courts under Subsection
(1)
.
(3)
The department shall maintain an electronic data base for DUI related records and data
including the data elements received or collected from the courts under this section.
(4)
(a)
The
Commission on Criminal and Juvenile Justice
Department of Criminal
Justice
shall prepare an annual report of DUI related data including the following:
(i)
the data collected by the courts under Subsections
(1)
and
(2)
;
(ii)
the DUI crash and arrest data collected from law enforcement agencies under
Section
53-10-118
by the Department of Public Safety's Criminal Investigations
and Technical Services Division; and
(iii)
any measures for which data are available to evaluate the profile and impacts of
DUI recidivism and to evaluate the DUI related processes of:
(A)
law enforcement;
(B)
adjudication;
(C)
sanctions;
(D)
driver license control; and
(E)
alcohol education, assessment, and treatment.
(b)
The report shall be provided in writing to the Judiciary
Interim Committee
and
the
Transportation Interim
Committees
Committee
no later than the last day of October
following the end of the fiscal year for which the report is prepared.
Section 20. Section
49-11-406
is amended to read:
49-11-406
Effective
07/01/26
. Governor's appointed executives and senior staff
-- Appointed legislative employees -- Transfer of value of accrued defined benefit --
Procedures.
(1)
As used in this section:
(a)
"Defined benefit balance" means the total amount of the contributions made on
behalf of a member to a defined benefit system plus refund interest.
(b)
"Senior staff" means an at-will employee who reports directly to an elected official,
executive director, or director and includes a deputy director and other similar, at-will
employee positions designated by the governor, the speaker of the House
of
Representatives
, or the president of the Senate and filed with the Division of Human
Resource Management and the Utah State Retirement Office.
(2)
In accordance with this section and subject to requirements under federal law and rules
made by the board, a member who has service credit from a system may elect to be
exempt from coverage under a defined benefit system and to have the member's defined
benefit balance transferred from the defined benefit system or plan to a defined
contribution plan in the member's own name if the member is:
(a)
the state auditor;
(b)
the state treasurer;
(c)
an appointed executive under Subsection
67-22-2(1)(a)
;
(d)
an employee in the Governor's Office;
(e)
senior staff in the Governor's Office of Planning and Budget;
(f)
senior staff in the Governor's Office of Economic Opportunity;
(g)
senior staff in the
State Commission on Criminal and Juvenile Justice
Department
of Criminal Justice
;
(h)
senior staff in the Public Lands Policy Coordinating Office, created in Section
63L-11-201
;
(i)
a legislative employee appointed under Subsection
36-12-7(3)
; or
(j)
a legislative employee appointed by the speaker of the House of Representatives, the
House of Representatives minority leader, the president of the Senate, or the Senate
minority leader.
(3)
An election made under Subsection
(2)
:
(a)
is final, and no right exists to make any further election;
(b)
is considered a request to be exempt from coverage under a defined benefits system;
and
(c)
shall be made on forms provided by the office.
(4)
The board shall
adopt
make
rules to implement and administer this section.
Section 21. Section
49-12-203
is amended to read:
49-12-203
Effective
07/01/26
. Exclusions from membership in system.
(1)
The following employees are not eligible for service credit in this system:
(a)
subject to the requirements of Subsection
(2)
, an employee whose employment status
is temporary in nature due to the nature or the type of work to be performed;
(b)
except as provided under Subsection
(3)(a)
, an employee of an institution of higher
education who participates in a retirement system with a public or private retirement
system, organization, or company designated by the Utah Board of Higher Education,
or the technical college board of trustees for an employee of each technical college,
during any period in which required contributions based on compensation have been
paid on behalf of the employee by the employer;
(c)
an employee serving as an exchange employee from outside the state for an employer
who has not elected to make all of the employer's exchange employees eligible for
service credit in this system;
(d)
an executive department head of the state, a member of the State Tax Commission,
the Public Service Commission, and a member of a full-time or part-time board or
commission who files a formal request for exemption;
(e)
an employee of the Department of Workforce Services who is covered under another
retirement system allowed under
Title 35A, Chapter 4, Employment Security Act
;
(f)
an employee who is employed on or after July 1, 2009, with an employer that has
elected,
prior to
before
July 1, 2009, to be excluded from participation in this system
under Subsection
49-12-202(2)(c)
;
(g)
an employee who is employed on or after July 1, 2014, with an employer that has
elected,
prior to
before
July 1, 2014, to be excluded from participation in this system
under Subsection
49-12-202(2)(d)
;
(h)
an employee who is employed with a withdrawing entity that has elected under
Section
49-11-623
,
prior to
before
January 1, 2017, to exclude:
(i)
new employees from participation in this system under Subsection
49-11-623(3)(a)
;
or
(ii)
all employees from participation in this system under Subsection
49-11-623(3)(b)
;
(i)
an employee described in Subsection
(1)(i)(i)
or
(ii)
who is employed with a
withdrawing entity that has elected under Section
49-11-624
, before January 1, 2018,
to exclude:
(i)
new employees from participation in this system under Subsection
49-11-624(3)(a)
;
or
(ii)
all employees from participation in this system under Subsection
49-11-624(3)(b)
;
(j)
an employee who is employed with a withdrawing entity that has elected under
Section
49-11-625
, before July 1, 2022, to exclude all employees from participation
in this system; or
(k)
an employee who is employed with a withdrawing entity that elects under Section
49-11-626
to exclude:
(i)
new employees from participation in this system under Subsection
49-11-626(3)(a)
;
or
(ii)
all employees from participation in this system under Subsection
49-11-626(3)(b)
.
(2)
If an employee whose status is temporary in nature due to the nature of type of work to
be performed:
(a)
is employed for a term that exceeds six months and the employee otherwise qualifies
for service credit in this system, the participating employer shall report and certify to
the office that the employee is a regular full-time employee effective the beginning of
the seventh month of employment; or
(b)
was previously terminated
prior to
before
being eligible for service credit in this
system and is reemployed within three months of termination by the same
participating employer, the participating employer shall report and certify that the
member is a regular full-time employee when the total of the periods of employment
equals six months and the employee otherwise qualifies for service credits in this
system.
(3)
(a)
Upon cessation of the participating employer contributions, an employee under
Subsection
(1)(b)
is eligible for service credit in this system.
(b)
Notwithstanding the provisions of Subsection
(1)(f)
, any eligibility for service credit
earned by an employee under this chapter before July 1, 2009
,
is not affected under
Subsection
(1)(f)
.
(c)
Notwithstanding the provisions of Subsection
(1)(g)
, any eligibility for service credit
earned by an employee under this chapter before July 1, 2014, is not affected under
Subsection
(1)(g)
.
(4)
Upon filing a written request for exemption with the office, the following employees
shall be exempt from coverage under this system:
(a)
a full-time student or the spouse of a full-time student and individuals employed in a
trainee relationship;
(b)
an elected official;
(c)
an executive department head of the state, a member of the State Tax Commission, a
member of the Public Service Commission, and a member of a full-time or part-time
board or commission;
(d)
an employee of the Governor's Office of Planning and Budget;
(e)
an employee of the Governor's Office of Economic Opportunity;
(f)
an employee of the
Commission on Criminal and Juvenile Justice
Department of
Criminal Justice
;
(g)
an employee of the Governor's Office;
(h)
an employee of the Public Lands Policy Coordinating Office, created in Section
63L-11-201
;
(i)
an employee of the
State Auditor's Office
Office of the State Auditor
;
(j)
an employee of the
State Treasurer's Office
Office of the State Treasurer
;
(k)
any other member who is permitted to make an election under Section
49-11-406
;
(l)
a person appointed as a city manager or chief city administrator or another person
employed by a municipality, county, or other political subdivision, who is an at-will
employee;
(m)
an employee of an interlocal cooperative agency created under
Title 11, Chapter 13,
Interlocal Cooperation Act
, who is engaged in a specialized trade customarily
provided through membership in a labor organization that provides retirement
benefits to the organization's members;
(n)
an employee serving as an exchange employee from outside the state for an
employer who has elected to make all of the employer's exchange employees eligible
for service credit in this system; and
(o)
the adjutant general of the Utah National Guard appointed under Section
39A-1-201
and each individual listed in Subsection
39A-1-203(1)
.
(5)
(a)
Each participating employer shall prepare and maintain a list designating those
positions eligible for exemption under Subsection
(4)
.
(b)
An employee may not be exempted unless the employee is employed in an exempted
position designated by the participating employer.
(6)
(a)
In accordance with this section, Section
49-13-203
, and Section
49-22-205
, a
municipality, county, or political subdivision may not exempt a total of more than 50
positions or a number equal to 10% of the eligible employees of the municipality,
county, or political subdivision, whichever is less.
(b)
A municipality, county, or political subdivision may exempt at least one regular
full-time employee.
(7)
Each participating employer shall:
(a)
maintain a list of employee exemptions; and
(b)
update the employee exemptions in the event of any change.
(8)
The office may make rules to implement this section.
(9)
An employee's exclusion, exemption, participation, or election described in this section:
(a)
shall be made in accordance with this section; and
(b)
is subject to requirements under federal law and rules made by the board.
Section 22. Section
49-13-203
is amended to read:
49-13-203
Effective
07/01/26
. Exclusions from membership in system.
(1)
The following employees are not eligible for service credit in this system:
(a)
subject to the requirements of Subsection
(2)
, an employee whose employment status
is temporary in nature due to the nature or the type of work to be performed;
(b)
except as provided under Subsection
(3)(a)
, an employee of an institution of higher
education who participates in a retirement system with a public or private retirement
system, organization, or company designated by the Utah Board of Higher Education,
or the technical college board of trustees for an employee of each technical college,
during any period in which required contributions based on compensation have been
paid on behalf of the employee by the employer;
(c)
an employee serving as an exchange employee from outside the state for an employer
who has not elected to make all of the employer's exchange employees eligible for
service credit in this system;
(d)
an executive department head of the state or a legislative director, senior executive
employed by the governor's office, a member of the State Tax Commission, a
member of the Public Service Commission, and a member of a full-time or part-time
board or commission who files a formal request for exemption;
(e)
an employee of the Department of Workforce Services who is covered under another
retirement system allowed under
Title 35A, Chapter 4, Employment Security Act
;
(f)
an employee who is employed with an employer that has elected to be excluded from
participation in this system under Subsection
49-13-202(5)
, effective on or after the
date of the employer's election under Subsection
49-13-202(5)
;
(g)
an employee who is employed with a withdrawing entity that has elected under
Section
49-11-623
,
prior to
before
January 1, 2017, to exclude:
(i)
new employees from participation in this system under Subsection
49-11-623(3)(a)
;
or
(ii)
all employees from participation in this system under Subsection
49-11-623(3)(b)
;
(h)
an employee described in Subsection
(1)(h)(i)
or
(ii)
who is employed with a
withdrawing entity that has elected under Section
49-11-624
, before January 1, 2018,
to exclude:
(i)
new employees from participation in this system under Subsection
49-11-624(3)(a)
;
or
(ii)
all employees from participation in this system under Subsection
49-11-624(3)(b)
;
(i)
an employee who is employed with a withdrawing entity that has elected under
Section
49-11-625
, before July 1, 2022, to exclude all employees from participation
in this system; or
(j)
an employee who is employed with a withdrawing entity that elects under Section
49-11-626
to exclude:
(i)
new employees from participation in this system under Subsection
49-11-626(3)(a)
;
or
(ii)
all employees from participation in this system under Subsection
49-11-626(3)(b)
.
(2)
If an employee whose status is temporary in nature due to the nature of type of work to
be performed:
(a)
is employed for a term that exceeds six months and the employee otherwise qualifies
for service credit in this system, the participating employer shall report and certify to
the office that the employee is a regular full-time employee effective the beginning of
the seventh month of employment; or
(b)
was previously terminated
prior to
before
being eligible for service credit in this
system and is reemployed within three months of termination by the same
participating employer, the participating employer shall report and certify that the
member is a regular full-time employee when the total of the periods of employment
equals six months and the employee otherwise qualifies for service credits in this
system.
(3)
(a)
Upon cessation of the participating employer contributions, an employee under
Subsection
(1)(b)
is eligible for service credit in this system.
(b)
Notwithstanding the provisions of Subsection
(1)(f)
, any eligibility for service credit
earned by an employee under this chapter before the date of the election under
Subsection
49-13-202(5)
is not affected under Subsection
(1)(f)
.
(4)
Upon filing a written request for exemption with the office, the following employees
shall be exempt from coverage under this system:
(a)
a full-time student or the spouse of a full-time student and individuals employed in a
trainee relationship;
(b)
an elected official;
(c)
an executive department head of the state, a member of the State Tax Commission, a
member of the Public Service Commission, and a member of a full-time or part-time
board or commission;
(d)
an employee of the Governor's Office of Planning and Budget;
(e)
an employee of the Governor's Office of Economic Opportunity;
(f)
an employee of the
Commission on Criminal and Juvenile Justice
Department of
Criminal Justice
;
(g)
an employee of the Governor's Office;
(h)
an employee of the
State Auditor's Office
Office of the State Auditor
;
(i)
an employee of the
State Treasurer's Office
Office of the State Treasurer
;
(j)
any other member who is permitted to make an election under Section
49-11-406
;
(k)
a person appointed as a city manager or chief city administrator or another person
employed by a municipality, county, or other political subdivision, who is an at-will
employee;
(l)
an employee of an interlocal cooperative agency created under
Title 11, Chapter 13,
Interlocal Cooperation Act
, who is engaged in a specialized trade customarily
provided through membership in a labor organization that provides retirement
benefits to
its
the labor organization's
members;
(m)
an employee serving as an exchange employee from outside the state for an
employer who has elected to make all of the employer's exchange employees eligible
for service credit in this system; and
(n)
the adjutant general of the Utah National Guard appointed under Section
39A-1-201
and each individual listed in Subsection
39A-1-203(1)
.
(5)
(a)
Each participating employer shall prepare and maintain a list designating those
positions eligible for exemption under Subsection
(4)
.
(b)
An employee may not be exempted unless the employee is employed in a position
designated by the participating employer.
(6)
(a)
In accordance with this section, Section
49-12-203
, and Section
49-22-205
, a
municipality, county, or political subdivision may not exempt a total of more than 50
positions or a number equal to 10% of the eligible employees of the municipality,
county, or political subdivision, whichever is less.
(b)
A municipality, county, or political subdivision may exempt at least one regular
full-time employee.
(7)
Each participating employer shall:
(a)
maintain a list of employee exemptions; and
(b)
update the employee exemptions in the event of any change.
(8)
The office may make rules to implement this section.
(9)
An employee's exclusion, exemption, participation, or election described in this section:
(a)
shall be made in accordance with this section; and
(b)
is subject to requirements under federal law and rules made by the board.
Section 23. Section
49-22-205
is amended to read:
49-22-205
Effective
07/01/26
. Exemptions from participation in system.
(1)
Upon filing a written request for exemption with the office, the following employees are
exempt from participation in the system as provided in this section:
(a)
an executive department head of the state;
(b)
a member of the State Tax Commission;
(c)
a member of the Public Service Commission;
(d)
a member of a full-time or part-time board or commission;
(e)
an employee of the Governor's Office of Planning and Budget;
(f)
an employee of the Governor's Office of Economic Opportunity;
(g)
an employee of the
Commission on Criminal and Juvenile Justice
Department of
Criminal Justice
;
(h)
an employee of the Governor's Office;
(i)
an employee of the
State Auditor's Office
Office of the State Auditor
;
(j)
an employee of the
State Treasurer's Office
Office of the State Treasurer
;
(k)
any other member who is permitted to make an election under Section
49-11-406
;
(l)
a person
an individual
appointed as a city manager or appointed as a city
administrator or another at-will employee of a municipality, county, or other political
subdivision;
(m)
an employee of an interlocal cooperative agency created under
Title 11, Chapter 13,
Interlocal Cooperation Act
, who is engaged in a specialized trade customarily
provided through membership in a labor organization that provides retirement
benefits to
its
the labor organization's
members;
(n)
an employee serving as an exchange employee from outside the state for an
employer who has elected to make all of the employer's exchange employees eligible
for service credit in this system; and
(o)
the adjutant general of the Utah National Guard appointed under Section
39A-1-201
and each individual listed in Subsection
39A-1-203(1)
.
(2)
(a)
A participating employer shall prepare and maintain a list designating those
positions eligible for exemption under Subsection
(1)
.
(b)
An employee may not be exempted unless the employee is employed in a position
designated by the participating employer under Subsection
(1)
.
(3)
(a)
In accordance with this section, Section
49-12-203
, and Section
49-13-203
, a
municipality, county, or political subdivision may not exempt a total of more than 50
positions or a number equal to 10% of the eligible employees of the municipality,
county, or political subdivision, whichever is less.
(b)
A municipality, county, or political subdivision may exempt at least one regular
full-time employee.
(4)
Each participating employer shall:
(a)
maintain a list of employee exemptions; and
(b)
update an employee exemption in the event of any change.
(5)
Beginning on the effective date of the exemption for an employee who elects to be
exempt in accordance with Subsection
(1)
:
(a)
for a member of the Tier II defined contribution plan:
(i)
the participating employer shall contribute the nonelective contribution and the
amortization rate described in Section
49-22-401
, except that the nonelective
contribution is exempt from the vesting requirements of Subsection
49-22-401(3)(a)
;
(ii)
the member may make voluntary deferrals as provided in Section
49-22-401
; and
(iii)
the member is not eligible for additional service credit in the plan for the period
of exempt employment; and
(b)
for a member of the Tier II hybrid retirement system:
(i)
the participating employer shall contribute the nonelective contribution and the
amortization rate described in Section
49-22-401
, except that the contribution is
exempt from the vesting requirements of Subsection
49-22-401(3)(a)
;
(ii)
the member may make voluntary deferrals as provided in Section
49-22-401
; and
(iii)
the member is not eligible for additional service credit in the system for the
period of exempt employment.
(6)
If an employee who is a member of the Tier II hybrid retirement system subsequently
revokes the election of exemption made under Subsection
(1)
, the provisions described
in Subsection
(5)(b)
shall no longer be applicable and the coverage for the employee
shall be effective prospectively as provided in
Part 3, Tier II Hybrid Retirement System
.
(7)
(a)
All employer contributions made on behalf of an employee shall be invested in
accordance with Subsection
49-22-303(3)(a)
or
49-22-401(4)(a)
until the one-year
election period under Subsection
49-22-201(2)(c)
is expired if the employee:
(i)
elects to be exempt in accordance with Subsection
(1)
; and
(ii)
continues employment with the participating employer through the one-year
election period under Subsection
49-22-201(2)(c)
.
(b)
An employee is entitled to receive a distribution of the employer contributions made
on behalf of the employee and all associated investment gains and losses if the
employee:
(i)
elects to be exempt in accordance with Subsection
(1)
; and
(ii)
terminates employment
prior to
before
the one-year election period under
Subsection
49-22-201(2)(c)
.
(8)
(a)
The office shall make rules to implement this section.
(b)
The rules made under this Subsection
(8)
shall include provisions to allow the
exemption provided under Subsection
(1)
to apply to all contributions made
beginning on or after July 1, 2011, on behalf of an exempted employee who began
the employment before May 8, 2012.
(9)
An employee's exemption, participation, or election described in this section:
(a)
shall be made in accordance with this section; and
(b)
is subject to requirements under federal law and rules made by the board.
Section 24. Section
51-9-412
is amended to read:
51-9-412
Effective
07/01/26
. Halfway house funding -- Uses.
(1)
As used in this section:
(a)
"Commission" means the Commission on Criminal and Juvenile Justice created in
Section
63M-7-201
.
(a)
"Department" means the Department of Criminal Justice created in Section
75E-2-102
.
(b)
"Halfway house" means a facility that houses parolees upon release from prison or
houses probationers who have violated the terms of their probation.
(c)
"Law enforcement agency" means a local law enforcement agency.
(d)
"Parole violator center" means a facility that houses parolees who have violated the
conditions of their parole agreement.
(2)
The
commission
department
shall allocate funds appropriated by the Legislature to
local law enforcement agencies on a pro-rata basis determined by:
(a)
the average daily number of occupied beds in a halfway house in each agency's
jurisdiction for increased enforcement in areas with halfway houses;
(b)
the average daily number of occupied beds in a parole violator center in each
agency's jurisdiction; or
(c)
both Subsections
(2)(a)
and
(b)
.
(3)
A law enforcement agency may use funds received under this section only for the
purposes stated in this section.
(4)
(a)
For each fiscal year, any law enforcement agency that receives funds from the
commission
department
under this section shall prepare, and file with the
commission
department
and the state auditor, a report in a form specified by the
commission
department
.
(b)
The report
described in Subsection
(4)(a)
shall include the following:
(a)
(i)
the agency's name;
(b)
(ii)
the amount received;
(c)
(iii)
how the funds were used, including the impact on crime reduction efforts in
areas with halfway houses or parole violator centers, or both; and
(d)
(iv)
a statement signed by both the agency's or political subdivision's executive
officer or designee and by the agency's legal counsel that all funds were used for
law enforcement operations related to reducing criminal activity in areas with
halfway houses or parole violator centers, or both.
Section 25. Section
53-1-106
is amended to read:
53-1-106
Effective
07/01/26
. Department duties -- Powers.
(1)
In addition to the responsibilities contained in this title, the department shall:
(a)
make rules and perform the functions specified in Title 41, Chapter 6a, Traffic Code,
including:
(i)
setting performance standards for towing companies to be used by the department,
as required by Section
41-6a-1406
; and
(ii)
advising the Department of Transportation regarding the safe design and
operation of school buses, as required by Section
41-6a-1304
;
(b)
make rules to establish and clarify standards pertaining to the curriculum and
teaching methods of a motor vehicle accident prevention course under Section
31A-19a-211
;
(c)
aid in enforcement efforts to combat drug trafficking;
(d)
meet with the Division of Technology Services to formulate contracts, establish
priorities, and develop funding mechanisms for dispatch and telecommunications
operations;
(e)
provide assistance to the
Commission on Criminal and Juvenile Justice
Department
of Criminal Justice
and the
Utah
Office for Victims of Crime in conducting
research or monitoring victims' programs, as required by
Section
63M-7-507
Subsection
75E-5-203(2)
;
(f)
develop sexual assault exam protocol standards in conjunction with the Utah Hospital
Association;
(g)
engage in emergency planning activities, including preparation of policy and
procedure and rulemaking necessary for implementation of the federal Emergency
Planning and Community Right to Know Act of 1986, as required by Section
53-2a-702
;
(h)
implement the provisions of Section
53-2a-402
, the Emergency Management
Assistance Compact;
(i)
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;
(j)
employ a law enforcement officer as a public safety liaison to be housed at the State
Board of Education who shall work with the State Board of Education to:
(i)
support training with relevant state agencies for school resource officers as
described in Section
53G-8-702
;
(ii)
coordinate the creation of model policies and memorandums of understanding for
a local education agency and a local law enforcement agency; and
(iii)
ensure cooperation between relevant state agencies, a local education agency,
and a local law enforcement agency to foster compliance with disciplinary related
statutory provisions, including Sections
53E-3-516
and
53G-8-211
;
(k)
provide for the security and protection of public officials, public officials' staff, and
the capitol hill complex in accordance with the provisions of this part;
(l)
fulfill the duties described in Sections
77-36-2.1
and
78B-7-120
related to lethality
assessments; and
(m)
fulfill the duties described in Section
63L-13-201
related to restricted foreign
entities.
(2)
(a)
The department shall establish a schedule of fees as required or allowed in this
title for services provided by the department.
(b)
All fees not established in statute shall be established in accordance with Section
63J-1-504
.
(3)
The department may establish or contract for the establishment of an
Organ
Procurement Donor Registry
organ procurement donor registry
in accordance with
Section
26B-8-319
.
Section 26. Section
53-6-107
is amended to read:
53-6-107
Effective
07/01/26
. General duties of council.
(1)
The council shall:
(a)
advise the director regarding:
(i)
the approval, certification, or revocation of certification of any certified academy
established in the state;
(ii)
minimum courses of study, attendance requirements, and the equipment and
facilities to be required at a certified academy;
(iii)
minimum qualifications for instructors at a certified academy;
(iv)
the minimum basic training requirements that peace officers shall complete
before receiving certification;
(v)
the minimum basic training requirements that dispatchers shall complete before
receiving certification; and
(vi)
categories or classifications of advanced in-service training programs and
minimum courses of study and attendance requirements for the categories or
classifications;
(b)
recommend that studies, surveys, or reports, or all of them be made by the director
concerning the implementation of the objectives and purposes of this chapter;
(c)
make recommendations and reports to the commissioner and governor from time to
time;
(d)
choose from the sanctions to be imposed against certified peace officers
as provided
in
in accordance with
Section
53-6-211
, and dispatchers
as provided in
in
accordance with
Section
53-6-309
;
(e)
establish and annually review:
(i)
minimum use of force standards for all peace officers in the state;
(ii)
minimum standards for officer intervention and the reporting of police
misconduct based on Section
53-6-210.5
; and
(iii)
the best practices for investigating sexual assaults;
(f)
in consultation with the
Utah
Victim Services Commission's subcommittee on rape
and sexual assault created in Subsection
63M-7-903
(5)(b)
75E-6-103(5)(b)
, create
and, if necessary, annually update a model sexual assault investigation policy based
on the best practices established in Subsection
(1)(e)(iii)
that can be adopted and used
by a law enforcement agency; and
(g)
perform other acts as necessary to carry out the duties of the council in this chapter.
(2)
The council may approve special function officers for membership in the
Public Safety
Retirement System
public safety retirement system
in accordance with Sections
49-14-201
and
49-15-201
.
Section 27. Section
53-6-213
is amended to read:
53-6-213
Effective
07/01/26
. Appropriations from compensation fund.
(1)
The Legislature shall appropriate from the
fund
Crime Victim Compensation Fund
established in
Title 63M, Chapter 7, Part 5, Utah Office for Victims of Crime
Section
75E-5-302
, to the division, funds for training of law enforcement officers in the state.
(2)
The department shall make an annual report to the Legislature, which includes the
amount received during the previous fiscal year.
Section 28. Section
53-10-118
is amended to read:
53-10-118
Effective
07/01/26
. Collection of driving under the influence crash
and arrest data.
(1)
(a)
The division shall collect from every law enforcement agency the following data
concerning a crash that appears to be connected with a driving under the influence
offense:
(i)
whether the impaired driver was injured or killed;
(ii)
whether any other individual was injured or killed;
(iii)
whether there was damage to real or personal property;
(iv)
the following results or findings regarding the impaired driver's impairment:
(A)
blood, breath, or urine alcohol concentration readings; and
(B)
blood, urine, chemical, or similar tests detecting alcohol or other drugs in an
individual; and
(v)
if applicable, the name of the establishment that provided the alcohol to the
impaired driver.
(b)
The division shall collect from every law enforcement agency the following data for
every arrest made for a suspected driving under the influence offense, including those
that are unrelated to a crash described in Subsection
(1)(a)
:
(i)
the data described in Subsections
(1)(a)(iv)
and
(v)
; and
(ii)
if there were any injuries, deaths, or property damage based on the driving under
the influence incident, a description of the injuries, deaths, or damages.
(c)
In accordance with Section
53-25-104
, a law enforcement agency shall provide the
information described in Subsections
(1)(a)
and
(b)
in the form and manner requested
by the division.
(2)
The division shall provide the information collected under Subsection
(1)
to the
Commission on Criminal and Juvenile Justice
Department of Criminal Justice
for use in
the annual report described in Section
41-6a-511
.
Section 29. Section
53-10-302
is amended to read:
53-10-302
Effective
07/01/26
. Bureau duties.
The bureau shall:
(1)
provide assistance and investigative resources to divisions within the Department of
Public Safety;
(2)
upon request, provide assistance and specialized law enforcement services to local law
enforcement agencies;
(3)
conduct financial investigations regarding suspicious cash transactions, fraud, and
money laundering;
(4)
investigate criminal activity of organized crime networks, gangs, extremist groups, and
others promoting violence;
(5)
investigate criminal activity of terrorist groups;
(6)
enforce
the Utah Criminal Code
Title 76, Criminal Offenses
;
(7)
cooperate and exchange information with other state agencies and with other law
enforcement agencies of government, both within and outside of this state, through a
statewide information and intelligence center to obtain information that may achieve
more effective results in the prevention, detection, and control of crime and
apprehension of criminals, including systems described in Section
53E-3-518
, Section
53H-4-210
, and Subsection
63H-7a-103(14)
;
(8)
create and maintain a statewide criminal intelligence system;
(9)
provide specialized case support and investigate illegal drug production, cultivation, and
sales;
(10)
investigate, follow-up, and assist in highway drug interdiction cases;
(11)
make rules to implement this chapter;
(12)
perform the functions specified in Part
2, Bureau of Criminal Identification
;
(13)
provide a state cybercrime unit to investigate computer and network intrusion matters
involving state-owned computer equipment and computer networks as reported under
Section
76-6-705
;
(14)
investigate violations of Section
76-6-703
and other computer related crimes,
including:
(a)
computer network intrusions;
(b)
denial of services attacks;
(c)
computer related theft or fraud;
(d)
intellectual property violations; and
(e)
electronic threats;
(15)
upon request, investigate the following offenses when alleged to have been committed
by an individual who is currently or has been previously elected, appointed, or employed
by a governmental entity:
(a)
criminal offenses; and
(b)
matters of public corruption; and
(16)
(a)
not be prohibited from investigating crimes not specifically referred to in this
section; and
(b)
other agencies are not prohibited from investigating crimes referred to in this section.
Section 30. Section
53-10-803
is amended to read:
53-10-803
Effective
07/01/26
. Voluntary testing -- Victim to request -- Costs
paid by Office for Victims of Crime.
(1)
A victim or minor victim of a sexual offense may request a test for the HIV infection.
(2)
(a)
The local health department shall obtain the blood specimen from the victim and
forward the specimen to the Department of Health and Human Services.
(b)
The Department of Health and Human Services shall analyze the specimen of the
victim.
(3)
(a)
The testing shall consist of a base-line test of the victim at the time immediately or
as soon as possible after the alleged occurrence of the sexual offense.
(b)
If the base-line test result is not positive, follow-up testing shall occur at three
months and six months after the alleged occurrence of the sexual offense.
(4)
The Crime Victim
Reparations
Compensation
Fund shall pay for the costs of the victim
testing if the victim provides a substantiated claim of the sexual offense, does not test
HIV positive at the base-line testing phase, and complies with eligibility criteria
established by the
Utah
Office for Victims of Crime.
Section 31. Section
53-11-124
is amended to read:
53-11-124
Effective
07/01/26
. Penalties.
Any violation of this chapter is a class A misdemeanor, unless the circumstances of the
violation amount to an offense subject to a greater criminal penalty under
Title 76, Utah
Criminal Code
Title 76, Criminal Offenses
.
Section 32. Section
53-21-104.3
is amended to read:
53-21-104.3
Effective
07/01/26
. Education -- Complaints -- Investigations.
(1)
On or before September 1, 2024, the department shall inform all first responder
agencies in the state of the requirements described in Section
53-21-102
.
(2)
In addition to the notification required under Subsection
(1)
, the department shall, on
the department's website, provide information describing:
(a)
an individual's eligibility for mental health resources under Section
53-21-102
;
(b)
the statutory definition for mental health resources provided in Section
53-21-101
;
(c)
the designated mental health resources liaison for each first responder agency as
described in Subsection
53-21-102(3)(b)
; and
(d)
how to appeal a denial of mental health resources to the department.
(3)
(a)
The department shall investigate a denial of mental health resources that is
received under Subsection
(2)(d)
to determine whether the denial was in violation of
this chapter.
(b)
If, after an investigation, the department determines that a first responder agency
improperly denied mental health resources in violation of this chapter, the department
shall notify the first responder agency and provide 60 days for the first responder
agency to correct the improper denial.
(c)
The department shall determine whether a first responder agency has cured the
violation within the time described in Subsection
(3)(b)
and, if the first responder
agency has not, the department shall send a letter within a reasonable time identifying
the first responder agency and the relevant details of the department's investigation to:
(i)
the commissioner;
(ii)
the chairs of the Law Enforcement and Criminal Justice Interim Committee; and
(iii)
the
executive
director of the
State
Commission on Criminal and Juvenile
Justice, who shall refer the matter for investigation under
Section
63M-7-204
Subsection
75E-3-202(1)(i)
and may
recommend that the Department of Criminal
Justice
restrict state grant money under Section
63M-7-21
8
75E-2-303
.
Section 33. Section
53-25-103
is amended to read:
53-25-103
Effective
07/01/26
. Airport dangerous weapon possession reporting
requirements.
(1)
As used in this section,
"commission"
"department"
means the
State Commission on
Criminal and Juvenile Justice
Department of Criminal Justice
created in Section
63M-7-201
75E-2-102
.
(2)
Beginning on January 1, 2026, a law enforcement agency having law enforcement
jurisdiction over an airport shall annually, on or before April 30, submit a report to the
commission
department
detailing:
(a)
for an offense described in Subsection
76-11-218(2)(a)
:
(i)
the number of issued written warnings;
(ii)
the number of issued citations;
(iii)
the number of referrals to a detective; and
(iv)
the number of referrals to a prosecutor; and
(b)
for an offense described in Subsection
76-11-218(2)(b)
:
(i)
the number of issued written warnings; and
(ii)
if applicable, the number of issued citations, including the number of individuals
who have received more than one citation for the offense.
(3)
The
commission
department
shall:
(a)
develop a standardized format for reporting the data described in Subsection
(2)
;
(b)
compile the data submitted under Subsection
(2)
; and
(c)
annually on or before August 1, publish a report of the data described in Subsection
(2)
on the
commission's
department's
website.
Section 34. Section
53-25-202
is amended to read:
53-25-202
Effective
07/01/26
. Sexual assault offense reporting requirements for
law enforcement agencies.
(1)
As used in this section:
(a)
"Commission" means the State Commission on Criminal and Juvenile Justice
created in Section
63M-7-201
.
(a)
"Department" means the Department of Criminal Justice created in Section
75E-2-102
.
(b)
"Sexual assault offense" means:
(i)
rape,
as described in
Section
76-5-402
;
(ii)
rape of a child,
as described in
Section
76-5-402.1
;
(iii)
object rape,
as described in
Section
76-5-402.2
;
(iv)
object rape of a child,
as described in
Section
76-5-402.3
;
(v)
forcible sodomy,
as described in
Section
76-5-403
;
(vi)
sodomy on a child,
as described in
Section
76-5-403.1
;
(vii)
forcible sexual abuse,
as described in
Section
76-5-404
;
(viii)
sexual abuse of a child,
as described in
Section
76-5-404.1
;
(ix)
aggravated sexual abuse of a child,
as described in
Section
76-5-404.3
;
(x)
aggravated sexual assault,
as described in
Section
76-5-405
; or
(xi)
sexual battery,
as described in
Section
76-5-418
.
(2)
(a)
Beginning January 1, 2025, a law enforcement agency shall:
(i)
annually, on or before April 30, submit a report to the
commission
department
for
the previous calendar year containing the number of each type of sexual assault
offense that:
(A)
was reported to the law enforcement agency;
(B)
was investigated by a detective; and
(C)
was referred to a prosecutor for prosecution; and
(ii)
submit a report to the
commission
department
on whether the law enforcement
agency has created and publicly posted on the law enforcement agency's website:
(A)
the policy described in Subsection
53-24-101
(1)(a)
53-25-201(1)
; and
(B)
the guide described in Subsection
53-24-101
(2)(a)
53-25-201(2)
.
(b)
A law enforcement agency shall:
(i)
compile the report described in Subsection
(2)(a)(i)
for each calendar year in the
standardized format developed by the
commission
department
under Subsection
(3)
; and
(ii)
publicly post the information reported in Subsection
(2)(a)(i)
on the law
enforcement agency's website.
(3)
The
commission
department
shall:
(a)
develop a standardized format for reporting the data described in Subsection
(2)
;
(b)
compile the data submitted under Subsection
(2)
; and
(c)
annually on or before August 1, publish a report of the data described in Subsection
(2)
on the
commission's
department's
website.
Section 35. Section
53-25-301
is amended to read:
53-25-301
Effective
07/01/26
. Reporting requirements for reverse-location
warrants.
(1)
As used in this section:
(a)
"Anonymized" means the same as that term is defined in Section
77-23f-101
.
(b)
"Commission" means the State Commission on Criminal and Juvenile Justice
created in Section
63M-7-201
.
(b)
"Department" means the Department of Criminal Justice created in Section
75E-2-102
.
(c)
"Electronic device" means the same as that term is defined in Section
77-23f-101
.
(d)
"Law enforcement agency" means the same as that term is defined in Section
77-23c-101.2
.
(e)
"Reverse-location information" means the same as that term is defined in Section
77-23f-101
.
(f)
"Reverse-location warrant" means a warrant seeking reverse-location information
under Section
77-23f-102
,
77-23f-103
, or
77-23f-104
.
(2)
(a)
Beginning January 1, 2024, a law enforcement agency shall annually on or before
April 30 submit a report to the
commission
department
with the following data for
the previous calendar year:
(i)
the number of reverse-location warrants requested by the law enforcement agency
under Section
77-23f-102
,
77-23f-103
, or
77-23f-104
;
(ii)
the number of reverse-location warrants that a court or magistrate granted after a
request described in Subsection
(2)(a)(i)
;
(iii)
the number of investigations that used information obtained under a
reverse-location warrant to investigate a crime that was not the subject of the
reverse-location warrant;
(iv)
the number of times reverse-location information was obtained under an
exception listed in Section
77-23f-106
;
(v)
the warrant identification number for each warrant described under Subsection
(2)(a)(ii)
or
(iii)
; and
(vi)
the number of electronic devices for which anonymized electronic device data
was obtained under each reverse-location warrant described under Subsection
(2)(a)(ii)
.
(b)
A law enforcement agency shall compile the report described in Subsection
(2)(a)
for
each year in the standardized format developed by the
commission
department
under Subsection
(4)
.
(3)
If a reverse-location warrant is requested by a multijurisdictional team of law
enforcement officers, the reporting requirement in this section is the responsibility of the
commanding agency or governing authority of the multijurisdictional team.
(4)
The
commission
department
shall:
(a)
develop a standardized format for reporting the data described in Subsection
(2)
;
(b)
compile the data submitted under Subsection
(2)
; and
(c)
annually on or before August 1, publish on the
commission's
department's
website a
report of the data described in Subsection
(2)
.
Section 36. Section
53-25-401
is amended to read:
53-25-401
Effective
07/01/26
. Law enforcement reporting requirements for
genetic genealogy database utilizations.
(1)
As used in this section:
(a)
"Commission" means the State Commission on Criminal and Juvenile Justice
created in Section
63M-7-201
.
(a)
"Department" means the Department of Criminal Justice created in Section
75E-2-102
.
(b)
"Genetic genealogy database utilization" means the same as that term is defined in
Section
53-10-403.7
.
(c)
"Law enforcement agency" means the same as that term is defined in Section
53-1-102
.
(d)
"Qualifying case" means the same as that term is defined in Section
53-10-403.7
.
(2)
(a)
Beginning on January 1, 2024, a law enforcement agency shall annually on or
before April 30 submit a report to the
commission
department
with the following
data for the previous calendar year:
(i)
the number of genetic genealogy database utilizations requested by the law
enforcement agency under Section
53-10-403.7
; and
(ii)
for each utilization described in Subsection
(2)(a)(i)
:
(A)
if applicable, the type of qualifying case;
(B)
for a criminal investigation, the alleged offense;
(C)
whether the case was a cold case, as that term is defined in Section
53-10-115
,
at the time of the request for the utilization; and
(D)
whether the results of the utilization revealed the identity of the owner of the
DNA specimen.
(b)
A law enforcement agency shall compile the report described in Subsection
(2)(a)
for
each year in the standardized format developed by the
commission
department
under Subsection
(4)
.
(3)
If a genetic genealogy database utilization is requested by a multijurisdictional team of
law enforcement officers, the reporting requirement in this section is the responsibility
of the commanding agency or governing authority of the multijurisdictional team.
(4)
The
commission
department
shall:
(a)
develop a standardized format for reporting the data described in Subsection
(2)
;
(b)
compile the data submitted under Subsection
(2)
, including the number of genetic
genealogy database utilizations requested by each reporting law enforcement agency;
and
(c)
annually on or before August 1, publish a report of the data described in Subsection
(2)
on the
commission's
department's
website.
Section 37. Section
53-25-501
is amended to read:
53-25-501
Effective
07/01/26
. Reporting requirements for seized firearms.
(1)
As used in this section:
(a)
"Commission" means the State Commission on Criminal and Juvenile Justice
created in Section
63M-7-201
.
(a)
"Department" means the Department of Criminal Justice created in Section
75E-2-102
.
(b)
"Firearm" means the same as that term is defined in Section
76-11-101
.
(c)
"Restricted person" means a Category I or Category II restricted person under
Section
76-11-302
or
76-11-303
.
(2)
Beginning on July 1, 2026, a law enforcement agency, not including the Department of
Corrections, shall annually on or before April 30 report to the
commission
department
the following data for the previous calendar year:
(a)
the number of firearms the law enforcement agency lawfully seized from restricted
persons;
(b)
the types of firearms the law enforcement agency lawfully seized from restricted
persons;
(c)
information on where the restricted persons obtained the firearms seized by the law
enforcement agency if the information is known or discoverable by the law
enforcement agency; and
(d)
the reasons under Section
76-11-302
or
76-11-303
that made the individuals who had
weapons seized restricted persons.
Section 38. Section
53-25-502
is amended to read:
53-25-502
Effective
07/01/26
. Law enforcement agency reporting requirements
for certain firearm data.
(1)
As used in this section:
(a)
"Antique firearm" means the same as that term is defined in Section
76-11-101
.
(b)
"Commission" means the State Commission on Criminal and Juvenile Justice
created in Section
63M-7-201
.
(b)
"Department" means the Department of Criminal Justice created in Section
75E-2-102
.
(c)
"Firearm" means the same as that term is defined in Section
76-11-101
.
(d)
(i)
"Untraceable firearm" means a firearm:
(A)
that was manufactured, assembled, or otherwise created in a manner such that
a serial number or other legally required identifying number or marking is not
affixed to the firearm;
(B)
that is made of plastic, fiberglass, or another material that would not be
detectable by a detection device commonly used at an airport or other public
building for security screening; or
(C)
on which the identifying serial number or other legally required identifying
number or marking has been removed or altered such that the firearm's
provenance cannot be traced.
(ii)
"Untraceable firearm" does not include an antique firearm.
(2)
(a)
Beginning on July 1, 2027, a law enforcement agency shall collect and annually,
on or before April 30, report to the
commission
department
the following data for
the previous calendar year:
(i)
the number of criminal offenses reported to, or investigated by, the law
enforcement agency in which the law enforcement agency determined that a lost,
stolen, or untraceable firearm was used in the commission of the criminal offense,
categorized by the type of offense; and
(ii)
the number of firearms, separated by each category described in Subsections
(2)(a)(ii)(A)
through
(E)
, in the custody of the law enforcement agency that were:
(A)
returned to the property owner;
(B)
destroyed;
(C)
retained in evidence or other storage;
(D)
transferred to another governmental entity; or
(E)
submitted to a non-governmental entity for sale or disposal under Section
77-11a-403
.
(b)
A law enforcement agency shall compile the data described in Subsection
(2)(a)
for
each calendar year in the standardized format developed by the
commission
department
under Subsection
(3)
.
(c)
The reporting requirements under Subsection
(2)(a)(i)
do not apply to a criminal
offense or investigation for an offense under Title 23A, Wildlife Resources Act, that
involves a firearm.
(3)
The
commission
department
shall:
(a)
develop a standardized format for reporting the data described in Subsection
(2)
;
(b)
compile the data submitted under Subsection
(2)
; and
(c)
annually on or before August 1, publish a report of the data described in Subsection
(2)
on the
commission's
department's
website.
(4)
This section does not apply to:
(a)
the Department of Corrections; or
(b)
a law enforcement agency created under Section
41-3-104
.
Section 39. Section
53-29-302
is amended to read:
53-29-302
Effective
07/01/26
Partially Repealed
01/01/30
. Law enforcement
and agency responsibilities related to the registry.
(1)
As used in this section:
(a)
"Dynamic factors" means an individual's individual characteristics, issues, resources,
or circumstances that:
(i)
can change or be influenced; and
(ii)
affect the risk of:
(A)
recidivism; or
(B)
violating conditions of probation or parole.
(b)
"Multi-domain assessment" means an evaluation process or tool that reports in
quantitative and qualitative terms an offender's condition, stability, needs, resources,
dynamic factors, and static factors that affect the offender's transition into the
community and compliance with conditions of probation or parole.
(c)
"Static factors" means an individual's individual characteristics, issues, resources, or
circumstances that:
(i)
are unlikely to be changeable or influenced; and
(ii)
affect the risk of:
(A)
recidivism; or
(B)
violating conditions of probation or parole.
(2)
A law enforcement agency shall, in the manner prescribed by the department, inform
the department of:
(a)
the receipt of a report or complaint of a registrable offense, within three business
days after the day on which the law enforcement agency received the report or
complaint; and
(b)
the arrest of an individual suspected of a registrable offense, within five business
days after the day on which the law enforcement agency arrested the individual.
(3)
The Department of Corrections shall:
(a)
register an offender in the custody of the Department of Corrections with the
department upon:
(i)
placement on probation;
(ii)
commitment to a secure correctional facility operated by or under contract with
the Department of Corrections;
(iii)
release from confinement to parole status, termination or expiration of sentence,
or escape;
(iv)
entrance to and release from any community-based residential program operated
by or under contract with the Department of Corrections; or
(v)
termination of probation or parole; and
(b)
(i)
for an offender convicted after May 7, 2025, of an offense committed in this
state that requires the individual to register as a sex offender, conduct, if available,
multi-domain assessments that are validated for the population and offense type of
the offender to inform the treatment and supervision needs of the offender; and
(ii)
30 days after the day on which a calendar quarterly period ends, submit the
results of any risk assessments completed under Subsection
(3)(b)(i)
during the
preceding quarter to the
State Commission on Criminal and Juvenile Justice
Department of Criminal Justice
.
(4)
The sheriff of the county in which an offender is confined shall register an offender with
the department, as required under this chapter, if the offender is not in the custody of the
Department of Corrections and is confined in a correctional facility not operated by or
under contract with the Department of Corrections upon:
(a)
commitment to the correctional facility; and
(b)
release from confinement.
(5)
(a)
Except as provided in Subsection
(4)(b)
(5)(b)
, if an offender is sent on an
assignment outside a secure facility, including being assigned for firefighting or
disaster control, the official who has physical custody of the offender shall, within a
reasonable time after the day of the offender's removal from the secure facility, notify
the local law enforcement agencies where the offender is assigned.
(b)
Subsection
(4)(a)
(5)(a)
does not apply to an offender temporarily released from a
secure facility setting who is under the supervision of a correctional facility official.
(6)
The division shall register an offender in the custody of the division with the
department, as required under this chapter, before the offender's release from custody of
the division.
(7)
A state mental hospital shall register an offender committed to the state mental hospital
with the department, as required under this chapter, upon the offender's admission and
upon the offender's discharge.
(8)
(a)
A municipal or county law enforcement agency shall register an offender who
resides within the agency's jurisdiction and is not under the supervision of the
Division of Adult Probation and Parole within the Department of Corrections.
(b)
A municipal or county law enforcement agency may conduct offender registration
under this chapter, if the agency ensures that the agency's staff responsible for
registration:
(i)
have received initial training by the department and have been certified by the
department as qualified and authorized to conduct registrations and enter offender
registration information into the registry database; and
(ii)
annually certifies with the department.
(9)
An agency in the state that registers with the department an offender on probation, an
offender who has been released from confinement to parole status or termination, or an
offender whose sentence has expired, shall inform the offender of the duty to comply
with the continuing registration requirements of this chapter during the period of
registration required in Section
53-29-203
, including:
(a)
notification to the state agencies in the states where the registrant presently resides
and plans to reside when moving across state lines;
(b)
verification of address at least every 60 days
pursuant to
in accordance with
a parole
agreement for lifetime parolees; and
(c)
notification to the out-of-state agency where the offender is living, regardless of
whether the offender is a resident of that state.
Section 40. Section
53E-3-516
is amended to read:
53E-3-516
Effective
07/01/26
. School disciplinary and law enforcement action
report -- Rulemaking authority.
(1)
As used in this section:
(a)
"Dangerous weapon" means a firearm or an object that in the manner of the object's
use or intended use is capable of causing death or serious bodily injury to an
individual.
(b)
(i)
"Law enforcement action" means a significant law enforcement interaction with
a minor.
(ii)
"Law enforcement action" includes the following actions against a minor:
(A)
a search and seizure;
(B)
an arrest;
(C)
the issuance of a citation;
(D)
the filing of a delinquency petition, indictment, or criminal information;
(E)
a referral to the juvenile court; or
(F)
use of force by a law enforcement officer.
(c)
"Law enforcement agency" means the same as that term is defined in Section
77-7a-103
.
(d)
"Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(e)
"Minor" means the same as that term is defined in Section
80-1-102
.
(f)
(i)
"School disciplinary action" means an action by a public school to formally
discipline a student of that public school.
(ii)
"School disciplinary action" includes a suspension or an expulsion.
(g)
"School is in session" means the hours of a day during which a public school
conducts instruction for which student attendance is counted toward calculating
average daily membership.
(h)
(i)
"School-sponsored activity" means an activity, fundraising event, club, camp,
clinic, or other event or activity that is authorized by a specific public school,
according to LEA governing board policy, and satisfies at least one of the
following conditions:
(A)
the activity is managed or supervised by a school district, public school, or
public school employee;
(B)
the activity uses the school district or public school facilities, equipment, or
other school resources; or
(C)
the activity is supported or subsidized, more than inconsequentially, by public
funds, including the public school's activity funds or Minimum School
Program dollars.
(ii)
"School-sponsored activity" includes preparation for and involvement in a public
performance, contest, athletic competition, demonstration, display, or club activity.
(i)
"
School resource officer" means the same as that term is defined in Section
53G-8-701
.
(2)
The state board shall develop an annual report regarding the following incidents that
occur on school grounds while school is in session or during a school-sponsored activity:
(a)
school disciplinary actions;
(b)
minors found in possession of a dangerous weapon; and
(c)
law enforcement actions.
(3)
Pursuant to
In accordance with
state and federal law, law enforcement agencies shall
collaborate with the state board and LEAs to provide and validate data and information
necessary to complete the report described in Subsection
(2)
, as requested by an LEA or
the state board.
(4)
The report described in Subsection
(2)
shall include the following information listed
separately for each school in an LEA:
(a)
the number of law enforcement actions, including the following information for each
incident:
(i)
the reason for the law enforcement action; and
(ii)
the type of law enforcement action used;
(b)
the number of school disciplinary actions, including the following information for
each incident:
(i)
the reason for the school disciplinary action;
(ii)
the type of school disciplinary action;
(iii)
the number of suspensions imposed;
(iv)
the average length of suspensions;
(v)
the number of days of instruction lost due to suspensions; and
(vi)
the number of expulsions;
(c)
the number of school resource officers employed;
(d)
if applicable, the demographics of an individual student who is subject to, as the
following are defined in Section
53G-9-601
, student bullying, hazing, cyber-bullying,
or retaliation; and
(e)
the number of minors found in possession of a dangerous weapon on school grounds
while school is in session or during a school-sponsored activity.
(5)
The report described in Subsection
(2)
shall include the following information, in
aggregate, for each element described in Subsections
(4)(a)
and (b):
(a)
age;
(b)
grade level;
(c)
race;
(d)
sex;
(e)
disability status; and
(f)
youth in care designation.
(6)
Information included in the annual report described in Subsection
(2)
shall comply with:
(a)
Chapter 9, Part 2, Student Privacy;
(a)
(b)
Chapter 9, Part 3, Student Data Protection;
and
(b)
Chapter 9, Part 2, Student Privacy; and
(c)
the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
(7)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules to compile the report described in Subsection
(2)
.
(8)
(a)
The state board shall provide the report described in Subsection
(2)
:
(i)
in accordance with Section
53E-1-203
for incidents that occurred during the
previous school year; and
(ii)
to the
State Commission on Criminal and Juvenile Justice
Department of
Criminal Justice
before January 15 of each year for incidents that occurred during
the previous school year.
(b)
After submitting the report in accordance with this section, the state board shall
supplement the report to the
State Commission on Criminal and Juvenile Justice
Department of Criminal Justice
with updated data and information within 30 days
after the day on which the state board receives the updated data and information.
Section 41. Section
53E-3-518
is amended to read:
53E-3-518
Effective
07/01/26
. Utah school information management system --
Local education agency requirements.
(1)
As used in this section:
(a)
"LEA data system" or "LEA's data system" means a data system that:
(i)
is developed, selected, or relied upon by an LEA; and
(ii)
the LEA uses to collect data or submit data to the state board related to:
(A)
student information;
(B)
educator information;
(C)
financial information; or
(D)
other information requested by the state board.
(b)
"LEA financial information system" or "LEA's financial information system" means
an LEA data system used for financial information.
(c)
"Parent" means the same as that term is defined in Section
53G-6-201
.
(d)
"Utah school information management system" or "information management
system" means the state board's data collection and reporting system described in this
section.
(e)
"User" means an individual who has authorized access to the information
management system.
(2)
On or before July 1, 2024, the state board shall have in place an information
management system that meets the requirements described in this section.
(3)
The state board shall ensure that the information management system:
(a)
interfaces with:
(i)
an LEA's data systems that meet the requirements described in Subsection
(7)
;
(ii)
where appropriate, the systems described in Subsections
53-10-302(7)
and
(8)
;
and
(iii)
the public safety portal described in Section
63A-16-1002
75E-2-210
;
and
(b)
serves as the mechanism for the state board to collect and report on all data that
LEAs submit to the state board related to:
(i)
student information;
(ii)
educator information;
(iii)
financial information; and
(iv)
other information requested by the state board;
(c)
includes a web-based user interface through which a user may:
(i)
enter data;
(ii)
view data; and
(iii)
generate customizable reports;
(d)
includes a data warehouse and other hardware or software necessary to store or
process data submitted by an LEA;
(e)
provides for data privacy, including by complying with Chapter 9, Student Privacy
and Data Protection;
(f)
restricts user access based on each user's role; and
(g)
meets requirements related to a student achievement backpack described in Section
53E-3-511
.
(4)
On or before January 31, 2026, the state board shall:
(a)
ensure the information management system described in this section allows for the
transfer of a student's transcript, current IEP, or Section 504 accommodation plan,
including the tracking of necessary accommodations and services between:
(i)
different LEA student information systems; and
(ii)
an authorized online course provider and a primary LEA; and
(b)
ensure the transfer capability described in Subsection
(4)(a)
is available for the same
use within the operating system the state board uses for the Statewide Online
Education Program described in Title 53F, Chapter 4, Part 5, Statewide Online
Education Program.
(5)
The state board shall establish the restrictions on user access described in Subsection
(3)(f)
.
(6)
(a)
The state board shall make rules that establish the required capabilities for an LEA
financial information system.
(b)
In establishing the required capabilities for an LEA financial information system, the
state board shall consider metrics and capabilities requested by the state treasurer or
state auditor.
(7)
(a)
On or before July 1, 2024, an LEA shall ensure that:
(i)
all of the LEA's data systems:
(A)
meet the data standards established by the state board in accordance with
Section
53E-3-501
;
(B)
are fully compatible with the state board's information management system;
and
(C)
meet specification standards determined by the state board; and
(ii)
the LEA's financial information system meets the requirements described in
Subsection
(6)
.
(b)
An LEA shall ensure that an LEA data system purchased or developed on or after
May 14, 2019, will be compatible with the information management system when the
information management system is fully operational.
(8)
(a)
Subject to appropriations and Subsection
(8)(b)
, the state board may use an
appropriation under this section to help an LEA meet the requirements in the rules
described in Subsection
(6)
by:
(i)
providing to the LEA funding for implementation and sustainment of the LEA
financial information system, either through:
(A)
awarding a grant to the LEA; or
(B)
providing a reimbursement to the LEA; or
(ii)
in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procuring a
financial information system on behalf of an LEA for the LEA to use as the LEA's
financial information system.
(b)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules describing:
(i)
how an LEA may apply to the state board for the assistance described in
Subsection
(8)(a)
; and
(ii)
criteria for the state board to provide the assistance to an LEA.
(9)
(a)
Beginning July 1, 2024, the state board may take action against an LEA that is out
of compliance with a requirement described in Subsection
(7)
until the LEA complies
with the requirement.
(b)
An action described in Subsection
(9)(a)
may include the state board withholding
funds from the LEA.
(10)
(a)
For purposes of this Subsection
(10)
, "education record" means the same as that
term is defined in 20 U.S.C. Sec. 1232g.
(b)
The state board shall, by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establish a procedure under which:
(i)
a parent may submit information as part of the education records for the parent's
student;
(ii)
the information submitted by the parent is maintained as part of the education
records for the parent's student;
(iii)
information submitted by the parent and maintained as part of the education
records for the parent's student may be removed at the request of the parent; and
(iv)
a parent has access only to the education records of the parent's student in
accordance with Subsection
(10)(d)
.
(c)
The rules made under this Subsection
(10)
shall allow a parent to submit or remove
information submitted by the parent under this Subsection
(10)
at least annually,
including at the time of:
(i)
registering a student in a school; or
(ii)
changing the school in which a student attends.
(d)
Subject to the federal Family Education Rights and Privacy Act, 20 U.S.C. Sec.
1232g, and related regulations, the state board shall provide a parent access to an
education record concerning the parent's student.
(e)
The state board shall create in the information management system a record tracking
interoperability of education records described in this Subsection
(10)
when a student
is transitioning between schools or between LEAs.
Section 42. Section
53F-2-410
is amended to read:
53F-2-410
Effective
07/01/26
. Juvenile gang and other violent crime prevention
and intervention program -- Funding.
(1)
As used in this section:
(a)
"State agency" means a department, division, office, entity, agency, or other unit of
the state.
(b)
"State agency" includes the
State Commission on Criminal and Juvenile Justice
Department of Criminal Justice
, the Administrative Office of the Courts, the
Department of Corrections, and the Division of Juvenile Justice Services.
(2)
Subject to appropriations by the Legislature, the state board shall:
(a)
create a juvenile gang and other violent crime prevention and intervention program
that is designed to help students at risk for violent criminal involvement stay in
school; and
(b)
distribute money under the program to school districts and charter schools through
the distribution formula described in Subsection
(3)
.
(3)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall coordinate with state agencies to make rules that:
(a)
establish a formula to allocate program funding to schools in select school districts
and charter schools that:
(i)
uses the data reported to the state board, the
State Commission on Criminal and
Juvenile Justice
Department of Criminal Justice
, the Administrative Office of the
Courts, the Department of Corrections, and the Division of Juvenile Justice
Services;
(ii)
prioritizes the schools in school districts and charter schools based on the
prevalence of crimes committed by minors within the boundaries of each
municipality where a school is located; and
(iii)
prioritizes school districts and charter schools that demonstrate collaborative
efforts with local law enforcement agencies and community prevention
.
;
(b)
annually adjust the distribution of program funding using the data reported to the
state board under Section
80-6-104
; and
(c)
establish baseline performance standards that school districts or charter schools are
required to meet in order to receive funding under the program.
(4)
(a)
A school district or a charter school seeking program funding shall submit a
proposal to the state board that:
(i)
describes how the school district or charter school intends to use the funds; and
(ii)
provides data related to the prevalence of crimes committed by minors within the
school district as described in Subsection
(3)(a)(ii)
.
(b)
The state board shall allocate funding on a per student basis to prioritized school
districts and charter schools that submit a successful proposal under Subsection
(4)(a)
.
(5)
The state board may not distribute funds to a school district or a charter school that fails
to meet performance standards described in Subsection
(3)(c)
.
(6)
A school district or a charter school that is awarded funds under this section shall
submit a report to the state board that includes details on:
(a)
how the school district or the charter school used the funds; and
(b)
the school district's, or the charter school's, compliance with the performance
standards described in Subsection
(3)(c)
.
Section 43. Section
53G-6-806
is amended to read:
53G-6-806
Effective
07/01/26
. Parent portal.
(1)
As used in this section:
(a)
"Parent portal" means the posting the state board is required to provide under this
section.
(b)
"School" means a public elementary or secondary school, including a charter school.
(2)
(a)
The state board shall post information that allows a parent of a student enrolled in
a school to:
(i)
access an LEA's policies required by Sections
53G-9-203
and
53G-9-605
;
(ii)
be informed of resources and steps to follow when a student has been the subject,
perpetrator, or bystander of bullying, cyber-bullying, hazing, retaliation, or
abusive conduct such as:
(A)
resources for the student, including short-term mental health services;
(B)
options for the student to make changes to the student's educational
environment;
(C)
options for alternative school enrollment;
(D)
options for differentiated start or stop times;
(E)
options for differentiated exit and entrance locations; and
(F)
the designated employee for an LEA who addresses incidents of bullying,
cyber-bullying, hazing, retaliation, and abusive conduct;
(iii)
be informed of the steps and resources for filing a grievance with a school or
LEA regarding bullying, cyber-bullying, hazing, or retaliation;
(iv)
be informed of the steps and resources for seeking accommodations under the
Americans with Disabilities Act of 1990, 42 U.S.C.
Sec.
12101 et seq
.
;
(v)
be informed of the steps and resources for seeking accommodations under state or
federal law regarding religious accommodations;
(vi)
be informed of the steps and resources for filing a grievance for an alleged
violation of state or federal law, including:
(A)
Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d-2000d-4;
(B)
Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681-1688;
(C)
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794; and
(D)
Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Sec.
12131-12165;
(vii)
receive information about constitutional rights and freedoms afforded to families
in public education;
(viii)
be informed of how to access an internal audit hotline if established by the state
board; and
(ix)
be informed of services for military families.
(b)
In addition to the information required under Subsection
(2)(a)
, the state board:
(i)
shall include in the parent portal:
(A)
the comparison tool created under Section
53G-6-805
;
(B)
school level safety data, including data points described in Section
53E-3-516
;
and
(C)
a link to the public safety portal described in Section
63A-16-1002
75E-2-210
;
and
(ii)
may include in the parent portal other information that the state board determines
is helpful to parents.
(3)
(a)
The state board shall post the parent portal at a location that is easily located by a
parent.
(b)
The state board shall update the parent portal at least annually.
(c)
In accordance with state and federal law, the state board may collaborate with a
third-party to provide safety data visualization in comparison to other states' data.
(4)
An LEA shall annually notify each of the following of how to access the parent portal:
(a)
a parent of a student; and
(b)
a teacher, principal, or other professional staff within the LEA.
Section 44. Section
53G-8-702
is amended to read:
53G-8-702
Effective
07/01/26
. School administrator and school resource officer
training -- Curriculum.
(1)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state security chief appointed under Section
53-22-102
in consultation with the state
board, shall make rules that prepare and make available an annual program for school
principals, school personnel, school safety personnel described in Section
53G-8-701.5
,
and school resource officers to attend.
(2)
To create the curriculum and materials for the training program described in Subsection
(1)
, the state security chief, in consultation with the School Safety Center, shall:
(a)
work in conjunction with the
State Commission on Criminal and Juvenile Justice
Department of Criminal Justice
created in Section
63M-7-201
75E-2-102
;
(b)
solicit input from local school boards, charter school governing boards, and the Utah
Schools for the Deaf and the Blind;
(c)
consult with a nationally recognized organization that provides resources and
training for school resource officers;
(d)
solicit input from local law enforcement and other interested community
stakeholders; and
(e)
consider the current United States Department of Education recommendations on
school discipline and the role of a school resource officer.
(3)
The training program described in Subsection
(1)
shall be for a minimum time
established by the state security chief in accordance with Subsection
(1)
and may
include training on the following:
(a)
childhood and adolescent development;
(b)
responding age-appropriately to students;
(c)
working with disabled students;
(d)
techniques to de-escalate and resolve conflict;
(e)
cultural awareness;
(f)
restorative justice practices;
(g)
identifying a student exposed to violence or trauma and referring the student to
appropriate resources;
(h)
student privacy rights;
(i)
negative consequences associated with youth involvement in the juvenile and
criminal justice systems;
(j)
strategies to reduce juvenile justice involvement;
(k)
roles of and distinctions between a school resource officer and other school staff who
help keep a school secure;
(l)
the standard response protocol and drills described in Section
53G-8-803
;
(m)
an overview of the agreement described in Section
53G-8-703
;
(n)
developing and supporting successful relationships with students; and
(o)
legal parameters of searching and questioning students on school property.
(4)
The School Safety Center shall work together with the Department of Public Safety, the
State Commission on Criminal and Juvenile Justice
Department of Criminal Justice
, and
state and local law enforcement to establish policies, procedures, and training
requirements for school resource officers.
Section 45. Section
58-11a-503
is amended to read:
58-11a-503
Effective
07/01/26
. Penalties.
(1)
Unless Subsection
(2)
applies, an individual who commits an act of unlawful conduct
under Section
58-11a-502
or who fails to comply with a citation issued under this
section after the citation is final is guilty of a class A misdemeanor.
(2)
Sexual conduct that violates Section
58-11a-502
and
Title 76, Utah Criminal Code
Title 76, Criminal Offenses
, shall be subject to the applicable penalties in
Title 76, Utah
Criminal Code
Title 76, Criminal Offenses
.
(3)
Grounds for immediate suspension of an individual's license or permit by the division
include the issuance of a citation for violation of Subsection
58-11a-502(1)
,
(3)
,
(4)
,
(5)
,
or
(6)
.
(4)
If upon inspection or investigation, the division concludes that an individual has
violated the provisions of Subsection
58-11a-502(1)
,
(3)
,
(4)
,
(5)
, or
(6)
, or a rule or
order issued with respect to Subsection
58-11a-502(1)
,
(3)
,
(4)
,
(5)
, or
(6)
, and that
disciplinary action is appropriate, the director or the director's designee from within the
division shall promptly issue a citation to the individual according to this chapter and
any pertinent rules, attempt to negotiate a stipulated settlement, or notify the individual
to appear before an adjudicative proceeding conducted under
Title 63G, Chapter 4,
Administrative Procedures Act
.
(5)
An individual that is in violation of Subsection
58-11a-502(1)
,
(3)
,
(4)
,
(5)
, or
(6)
, as
evidenced by an uncontested citation, a stipulated settlement, or finding of violation in
an adjudicative proceeding, may be assessed a fine in accordance with this Subsection
(5)
and may, in addition to or in lieu of a fine, be ordered to cease and desist from
violating Subsection
58-11a-502(1)
,
(3)
,
(4)
,
(5)
, or
(6)
.
(6)
Except for a cease and desist order, the licensure sanctions described in Section
58-11a-401
may not be assessed through a citation.
(7)
(a)
Each citation shall be in writing and describe with particularity the nature of the
violation, including a reference to the provision of the chapter, rule, or order alleged
to have been violated.
(b)
The citation shall clearly state that the recipient
must
shall
notify the division in
writing within 20 calendar days of service of the citation if the recipient wishes to
contest the citation at a hearing conducted under
Title 63G, Chapter 4,
Administrative Procedures Act
.
(c)
The citation shall clearly explain the consequences of failure to timely contest the
citation or to make payment of a fine assessed by the citation within the time
specified in the citation.
(d)
Each citation issued under this section, or a copy of each citation, may be served
upon an individual upon whom a summons may be served in accordance with the
Utah Rules of Civil Procedure and may be made personally or upon the individual's
agent by a division investigator or by an individual specially designated by the
director or by mail.
(e)
(i)
If within 20 calendar days from the service of a citation, the individual to which
the citation was issued fails to request a hearing to contest the citation, the citation
becomes the final order of the division and is not subject to further agency review.
(ii)
The period to contest a citation may be extended by the division for cause.
(f)
The division may refuse to issue or renew, suspend, revoke, or place on probation the
license or permit of an individual that fails to comply with a citation after the citation
becomes final.
(g)
The failure of an applicant for licensure to comply with a citation after the citation
becomes final is a ground for denial of license.
(h)
The director or the director's designee from within the division may not issue a
citation under this section more than one year after the date on which the violation
that is the subject of the citation is reported to the division.
(i)
The director or the director's designee shall assess fines as follows:
(i)
for a first offense under Subsection
(4)
, a fine of up to $1,000;
(ii)
for a second offense under Subsection
(4)
, a fine of up to $2,000; and
(iii)
for any subsequent offense under Subsection
(4)
, a fine of up to $2,000 for each
day of continued offense.
(j)
For purposes of issuing a final order under this section and assessing a fine under
Subsection
(7)(i)
, an offense constitutes a second or subsequent offense if:
(i)
the division previously issued a final order determining that an individual
committed a first or second offense in violation of Subsection
58-11a-502(1)
,
(3)
,
(4)
,
(5)
, or
(6)
; or
(ii)
(A)
the division initiated an action for a first or second offense;
(B)
no final order has been issued by the division in the action initiated under
Subsection
(7)(j)(ii)(A)
;
(C)
the division determines during an investigation that occurred after the
initiation of the action under Subsection
(7)(j)(ii)(A)
that the individual
committed a second or subsequent violation of Subsection
58-11a-502(1)
,
(3)
,
(4)
,
(5)
, or
(6)
; and
(D)
after determining that the individual committed a second or subsequent
offense under Subsection
(7)(j)(ii)(C)
, the division issues a final order on the
action initiated under Subsection
(7)(j)(ii)(A)
.
(k)
In issuing a final order for a second or subsequent offense under Subsection
(7)(j)
,
the division shall comply with the requirements of this section.
(8)
(a)
A penalty imposed by the director under Subsection
(7)(i)
shall be deposited into
the Cosmetology and Associated Professions Education and Enforcement Fund.
(b)
The director may collect an unpaid penalty by:
(i)
referring the matter to a collection agency; or
(ii)
bringing an action in the district court of the county in which the individual
against whom the penalty is imposed resides or in the county where the office of
the director is located.
(c)
A county attorney or the attorney general of the state shall provide legal assistance
and advice to the director in an action to collect a penalty.
(d)
A court shall award reasonable attorney fees and costs to the prevailing party in an
action brought by the division to collect a penalty.
Section 46. Section
58-37-2
is amended to read:
58-37-2
Effective
07/01/26
. Definitions.
(1)
As used in this chapter:
(a)
"Administer" means the direct application of a controlled substance, whether by
injection, inhalation, ingestion, or any other means, to the body of a patient or
research subject by:
(i)
a practitioner or, in the practitioner's presence, by the practitioner's authorized
agent; or
(ii)
the patient or research subject at the direction and in the presence of the
practitioner.
(b)
"Agent" means an authorized person who acts on behalf of or at the direction of a
manufacturer, distributor, or practitioner but does not include a motor carrier, public
warehouseman, or employee of any of them.
(c)
"Consumption" means ingesting or having any measurable amount of a controlled
substance in a person's body, but this Subsection
(1)(c)
does not include the
metabolite of a controlled substance.
(d)
"Continuing criminal enterprise" means any individual, sole proprietorship,
partnership, corporation, business trust, association, or other legal entity, and any
union or groups of individuals associated in fact although not a legal entity, and
includes illicit as well as licit entities created or maintained for the purpose of
engaging in conduct which constitutes the commission of episodes of activity made
unlawful by this chapter, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b,
Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance
Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, which episodes are not
isolated, but have the same or similar purposes, results, participants, victims, methods
of commission, or otherwise are interrelated by distinguishing characteristics. Taken
together, the episodes shall demonstrate continuing unlawful conduct and be related
either to each other or to the enterprise.
(e)
"Control" means to add, remove, or change the placement of a drug, substance, or
immediate precursor under Section
58-37-3
.
(f)
(i)
"Controlled substance" means a drug or substance:
(A)
included in Schedules I, II, III, IV, or V of Section
58-37-4
;
(B)
included in Schedules I, II, III, IV, or V of the federal Controlled Substances
Act, Title II, P.L. 91-513;
(C)
that is a controlled substance analog; or
(D)
listed in Section
58-37-4.2
.
(ii)
"Controlled substance" does not include:
(A)
distilled spirits, wine, or malt beverages, as those terms are defined in Title
32B, Alcoholic Beverage Control Act;
(B)
any drug intended for lawful use in the diagnosis, cure, mitigation, treatment,
or prevention of disease in human or other animals, which contains ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if the drug is
lawfully purchased, sold, transferred, or furnished as an over-the-counter
medication without prescription; or
(C)
dietary supplements, vitamins, minerals, herbs, or other similar substances
including concentrates or extracts, which:
(I)
are not otherwise regulated by law; and
(II)
may contain naturally occurring amounts of chemical or substances listed
in this chapter, or in rules
adopted pursuant to
made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(g)
(i)
"Controlled substance analog" means:
(A)
a substance the chemical structure of which is substantially similar to the
chemical structure of a controlled substance listed in Schedules I and II of
Section
58-37-4
, a substance listed in Section
58-37-4.2
, or in Schedules I and
II of the federal Controlled Substances Act, Title II, P.L. 91-513;
(B)
a substance that has a stimulant, depressant, or hallucinogenic effect on the
central nervous system substantially similar to the stimulant, depressant, or
hallucinogenic effect on the central nervous system of controlled substances
listed in Schedules I and II of Section
58-37-4
, substances listed in Section
58-37-4.2
, or substances listed in Schedules I and II of the federal Controlled
Substances Act, Title II, P.L. 91-513; or
(C)
A
a
substance that, with respect to a particular individual, is represented or
intended to have a stimulant, depressant, or hallucinogenic effect on the central
nervous system substantially similar to the stimulant, depressant, or
hallucinogenic effect on the central nervous system of controlled substances
listed in Schedules I and II of Section
58-37-4
, substances listed in Section
58-37-4.2
, or substances listed in Schedules I and II of the federal Controlled
Substances Act, Title II, P.L. 91-513.
(ii)
"Controlled substance analog" does not include:
(A)
a controlled substance currently scheduled in Schedules I through V of
Section
58-37-4
;
(B)
a substance for which there is an approved new drug application;
(C)
a substance with respect to which an exemption is in effect for investigational
use by a particular person under Section 505 of the Food, Drug, and Cosmetic
Act, 21 U.S.C.
Sec.
355, to the extent the conduct with respect to the substance
is permitted by the exemption;
(D)
any substance to the extent not intended for human consumption before an
exemption takes effect with respect to the substance;
(E)
any drug intended for lawful use in the diagnosis, cure, mitigation, treatment,
or prevention of disease in man or other animals, which contains ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine if the drug is
lawfully purchased, sold, transferred, or furnished as an over-the-counter
medication without prescription; or
(F)
dietary supplements, vitamins, minerals, herbs, or other similar substances
including concentrates or extracts, which are not otherwise regulated by law,
which may contain naturally occurring amounts of chemical or substances
listed in this chapter, or in rules
adopted pursuant to
made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(h)
(i)
"Conviction" means a determination of guilt by verdict, whether jury or bench,
or plea, whether guilty or no contest, for any offense proscribed by:
(A)
this chapter;
(B)
Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Chapter 37b, Imitation Controlled Substances Act;
(D)
Chapter 37c, Utah Controlled Substance Precursor Act; or
(E)
Chapter 37d, Clandestine Drug Lab Act; or
(ii)
for any offense under the laws of the United States and any other state which, if
committed in this state, would be an offense under:
(A)
this chapter;
(B)
Chapter 37a, Utah Drug Paraphernalia Act;
(C)
Chapter 37b, Imitation Controlled Substances Act;
(D)
Chapter 37c, Utah Controlled Substance Precursor Act; or
(E)
Chapter 37d, Clandestine Drug Lab Act.
(i)
"Counterfeit substance" means:
(i)
any controlled substance or container or labeling of any controlled substance that:
(A)
without authorization bears the trademark, trade name, or other identifying
mark, imprint, number, device, or any likeness of them, of a manufacturer,
distributor, or dispenser other than the person or persons who in fact
manufactured, distributed, or dispensed the substance which falsely purports to
be a controlled substance distributed by any other manufacturer, distributor, or
dispenser; and
(B)
a reasonable person would believe to be a controlled substance distributed by
an authorized manufacturer, distributor, or dispenser based on the appearance
of the substance as described under Subsection
(1)(i)(i)(A)
or the appearance of
the container of that controlled substance; or
(ii)
any substance other than under Subsection
(1)(i)(i)
that:
(A)
is falsely represented to be any legally or illegally manufactured controlled
substance; and
(B)
a reasonable person would believe to be a legal or illegal controlled substance.
(j)
"Deliver" or "delivery" means the actual, constructive, or attempted transfer of a
controlled substance or a listed chemical,
whether or not
regardless of whether
an
agency relationship exists.
(k)
"Department" means the Department of Commerce.
(l)
"Depressant or stimulant substance" means:
(i)
a drug which contains any quantity of barbituric acid or any of the salts of
barbituric acid;
(ii)
a drug which contains any quantity of:
(A)
amphetamine or any of its optical isomers;
(B)
any salt of amphetamine or any salt of an optical isomer of amphetamine; or
(C)
any substance which the
Secretary
secretary
of Health and Human Services
or the
Attorney General
attorney general
of the United States after
investigation has found and by regulation designated habit-forming because of
its
the substance's
stimulant effect on the central nervous system;
(iii)
lysergic acid diethylamide; or
(iv)
any drug which contains any quantity of a substance which the
Secretary
secretary
of Health and Human Services or the
Attorney General
attorney general
of the United States after investigation has found to have, and by regulation
designated as having, a potential for abuse because of
its
the substance's
depressant or stimulant effect on the central nervous system or
its
the substance's
hallucinogenic effect.
(m)
"Dispense" means the delivery of a controlled substance by a pharmacist to an
ultimate user
pursuant to
in accordance with
the lawful order or prescription of a
practitioner, and includes distributing to, leaving with, giving away, or disposing of
that substance as well as the packaging, labeling, or compounding necessary to
prepare the substance for delivery.
(n)
"Dispenser" means a pharmacist who dispenses a controlled substance.
(o)
"Distribute" means to deliver other than by administering or dispensing a controlled
substance or a listed chemical.
(p)
"Distributor" means a person who distributes controlled substances.
(q)
"Division" means the Division of Professional Licensing created in Section
58-1-103
.
(r)
(i)
"Drug" means:
(A)
a substance recognized in the official United States Pharmacopoeia, Official
Homeopathic Pharmacopoeia of the United States, or Official National
Formulary, or any supplement to any of them, intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in humans or
animals;
(B)
a substance that is required by any applicable federal or state law or rule to be
dispensed by prescription only or is restricted to administration by practitioners
only;
(C)
a substance other than food intended to affect the structure or any function of
the body of humans or other animals; and
(D)
substances intended for use as a component of any substance specified in
Subsections
(1)(r)(i)(A)
, (B), and (C).
(ii)
"Drug" does not include dietary supplements.
(iii)
"Drug" includes a food intended for human consumption that intentionally
contains a vaccine or vaccine material as provided in Section
4-5-107
.
(s)
"Drug dependent person" means any individual who unlawfully and habitually uses
any controlled substance to endanger the public morals, health, safety, or welfare, or
who is so dependent upon the use of controlled substances as to have lost the power
of self-control with reference to the individual's dependency.
(t)
(i)
"Food" means:
(A)
any nutrient or substance of plant, mineral, or animal origin other than a drug
as specified in this chapter, and normally ingested by human beings; and
(B)
foods for special dietary uses as exist by reason of a physical, physiological,
pathological, or other condition including the conditions of disease,
convalescence, pregnancy, lactation, allergy, hypersensitivity to food,
underweight, and overweight; uses for supplying a particular dietary need
which exist by reason of age including the ages of infancy and childbirth, and
also uses for supplementing and for fortifying the ordinary or unusual diet with
any vitamin, mineral, or other dietary property for use of a food.
(ii)
Any particular use of a food is a special dietary use regardless of the nutritional
purposes.
(u)
"Immediate precursor" means a substance which the
Attorney General
attorney
general
of the United States has found to be, and by regulation designated as being,
the principal compound used or produced primarily for use in the manufacture of a
controlled substance, or which is an immediate chemical intermediary used or likely
to be used in the manufacture of a controlled substance, the control of which is
necessary to prevent, curtail, or limit the manufacture of the controlled substance.
(v)
"Indian" means a member of an Indian tribe.
(w)
"Indian religion" means a religion:
(i)
the origin and interpretation of which is from within a traditional Indian culture or
community; and
(ii)
that is practiced by Indians.
(x)
"Indian tribe" means any tribe, band, nation, pueblo, or other organized group or
community of Indians, including any Alaska Native village, which is legally
recognized as eligible for and is consistent with the special programs, services, and
entitlements provided by the United States to Indians because of their status as
Indians.
(y)
"Manufacture" means the production, preparation, propagation, compounding, or
processing of a controlled substance, either directly or indirectly by extraction from
substances of natural origin, or independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis.
(z)
"Manufacturer" includes any person who packages, repackages, or labels any
container of any controlled substance, except pharmacists who dispense or compound
prescription orders for delivery to the ultimate consumer.
(aa)
(i)
"Marijuana" means all species of the genus cannabis and all parts of the genus,
whether growing or not, including:
(A)
seeds;
(B)
resin extracted from any part of the plant, including the resin extracted from
the mature stalks;
(C)
every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, seeds, or resin;
(D)
any synthetic equivalents of the substances contained in the plant cannabis
sativa or any other species of the genus cannabis which are chemically
indistinguishable and pharmacologically active; and
(E)
any component part or cannabinoid extracted or isolated from the plant,
including extracted or isolated tetrahydrocannabinols.
(ii)
"Marijuana" does not include:
(A)
the mature stalks of the plant;
(B)
fiber produced from the stalks;
(C)
oil or cake made from the seeds of the plant;
(D)
except as provided in Subsection
(1)(aa)(i)
, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks,
fiber, oil or cake;
(E)
the sterilized seed of the plant which is incapable of germination;
(F)
any compound, mixture, or preparation approved by the federal Food and
Drug Administration under the federal Food, Drug, and Cosmetic Act, 21
U.S.C. Sec. 301 et seq. that is not listed in a schedule of controlled substances
in Section
58-37-4
or in the federal Controlled Substances Act, Title II, P.L.
91-513; or
(G)
transportable industrial hemp concentrate as that term is defined in Section
4-41-102
.
(bb)
"Money" means officially issued coin and currency of the United States or any
foreign country.
(cc)
"Narcotic drug" means any of the following, whether produced directly or indirectly
by extraction from substances of vegetable origin, or independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis:
(i)
opium, coca leaves, and opiates;
(ii)
a compound, manufacture, salt, derivative, or preparation of opium, coca leaves,
or opiates;
(iii)
opium poppy and poppy straw; or
(iv)
a substance, and any compound, manufacture, salt, derivative, or preparation of
the substance, which is chemically identical with any of the substances referred to
in Subsection
(1)(cc)(i)
, (ii), or (iii), except narcotic drug does not include
decocainized coca leaves or extracts of coca leaves which do not contain cocaine
or ecgonine.
(dd)
"Negotiable instrument" means documents, containing an unconditional promise to
pay a sum of money, which are legally transferable to another party by endorsement
or delivery.
(ee)
"Opiate" means any drug or other substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of conversion into
a drug having addiction-forming or addiction-sustaining liability.
(ff)
"Opium poppy" means the plant of the species papaver somniferum L., except the
seeds of the plant.
(gg)
"Person" means any corporation, association, partnership, trust, other institution or
entity or one or more individuals.
(hh)
"Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(ii)
"Possession" or "use" means the joint or individual ownership, control, occupancy,
holding, retaining, belonging, maintaining, or the application, inhalation, swallowing,
injection, or consumption, as distinguished from distribution, of controlled
substances and includes individual, joint, or group possession or use of controlled
substances. For a person to be a possessor or user of a controlled substance, it is not
required that the person be shown to have individually possessed, used, or controlled
the substance, but it is sufficient if it is shown that the person jointly participated with
one or more persons in the use, possession, or control of any substances with
knowledge that the activity was occurring, or the controlled substance is found in a
place or under circumstances indicating that the person had the ability and the intent
to exercise dominion and control over the controlled substance.
(jj)
"Practitioner" means a physician, dentist, naturopathic physician, veterinarian,
pharmacist, scientific investigator, pharmacy, hospital, or other person licensed,
registered, or otherwise permitted to distribute, dispense, conduct research with
respect to, administer, or use in teaching or chemical analysis a controlled substance
in the course of professional practice or research in this state.
(kk)
"Prescribe" means to issue a prescription:
(i)
orally or in writing; or
(ii)
by telephone, facsimile transmission, computer, or other electronic means of
communication as defined by division rule.
(ll)
"Prescription" means an order issued:
(i)
by a licensed practitioner, in the course of that practitioner's professional practice
or by collaborative pharmacy practice agreement; and
(ii)
for a controlled substance or other prescription drug or device for use by a patient
or an animal.
(mm)
"Production" means the manufacture, planting, cultivation, growing, or harvesting
of a controlled substance.
(nn)
"Securities" means any stocks, bonds, notes, or other evidences of debt or of
property.
(oo)
"State" means the state of Utah.
(pp)
"Ultimate user" means any person who lawfully possesses a controlled substance
for the person's own use, for the use of a member of the person's household, or for
administration to an animal owned by the person or a member of the person's
household.
(2)
If a term used in this chapter is not defined, the definition and terms of
Title 76, Utah
Criminal Code
Title 76, Criminal Offenses
, shall apply.
Section 47. Section
58-47b-503
is amended to read:
58-47b-503
Effective
07/01/26
Repealed
07/01/34
. Penalties -- Individuals.
(1)
Except as provided in Subsection
(2)
, an individual who commits an act of unlawful
conduct under Section
58-47b-501
is guilty of a class A misdemeanor.
(2)
Sexual conduct that violates Section
58-47b-501
and
Title 76, Utah Criminal Code
Title 76, Criminal Offenses
, shall be subject to the applicable penalties in
Title 76, Utah
Criminal Code
Title 76, Criminal Offenses
.
(3)
For acts of unprofessional conduct or unlawful conduct by an individual, the division
may:
(a)
assess an administrative fine in accordance with Subsection
58-1-502(1)
; and
(b)
take any appropriate administrative action, which may include sending letters of
concern to the municipality and the police department for the municipality in which
the individual violates this chapter.
(4)
The division shall deposit an administrative fine imposed in accordance with this
section into the Commerce Service Account.
(5)
If an individual has been convicted of violating Section
58-47b-501
, before an
administrative finding of a violation of the same section, the individual may not be
assessed an administrative fine under this chapter for the same incident for which the
conviction was obtained.
(6)
(a)
If, upon an inspection described in Section
58-47b-601
or an investigation under
this section, the division concludes that an individual has violated the provisions of
Chapter 1, Division of Professional Licensing Act, Section
58-47b-501
or
58-47b-502
,
or any rule or order issued with respect to these provisions, and that disciplinary
action is appropriate, the director or the director's designee from within the division
shall:
(i)
notify the individual to appear before an adjudicative proceeding conducted under
Title 63G, Chapter 4, Administrative Procedures Act;
(ii)
attempt to negotiate a stipulated settlement; or
(iii)
promptly issue a citation to the individual according to this chapter and any
pertinent rules.
(b)
The division shall suspend, revoke, place on probation, or refuse to issue or renew
the license of a licensed individual that fails to comply with the citation after the
citation becomes final.
(c)
Failure of an individual to comply with a citation after the citation becomes final is a
ground for denial of license or renewal.
(d)
The division may not issue a citation under this section after one year from the date
on which the violation that is the subject of the citation is reported to the division.
(e)
(i)
In addition to or in lieu of an administrative fine authorized in Subsection
(3)
,
the division may assess a penalty to any person that is in violation of the
provisions of Chapter 1, Division of Professional Licensing Act, Section
58-47b-501
or
58-47b-502
, or any rule or order issued with respect to these
provisions, as evidenced by an uncontested citation, a stipulated settlement, or a
finding of violation in an adjudicative proceeding.
(ii)
The penalty may be in an amount that is the greater of up to $10,000 per single
violation or up to $2,000 per day of an ongoing violation in accordance with a
penalty schedule established by rule.
(iii)
The division shall deposit a penalty imposed in accordance with this section into
the Commerce Service Account.
(iv)
The director may collect a penalty that is not paid by:
(A)
referring the matter to a collection agency; or
(B)
bringing an action in the district court of the county where the individual
against whom the penalty is imposed resides or in the county where the office
of the director is located.
(v)
The division may consult with the county attorney or the attorney general of the
state for legal assistance and advice in an action to collect a penalty.
(vi)
A court shall award reasonable attorney fees and costs to the prevailing party in
an action brought by the division to collect a penalty.
(vii)
In addition to or in lieu of a penalty, the division may order the individual to
cease and desist from violating the provisions of Chapter 1, Division of
Professional Licensing Act, Section
58-47b-501
or
58-47b-502
, or any rule or
order issued with respect to these provisions.
(7)
(a)
A citation under Subsection
(6)
shall:
(i)
be in writing and describe with particularity the nature of the violation, including
a reference to the provision of the chapter, rule, or order alleged to have been
violated;
(ii)
state that the individual to whom the division issues the citation shall notify the
division in writing within 20 calendar days of service of the citation to contest the
citation at a hearing conducted under Title 63G, Chapter 4, Administrative
Procedures Act; and
(iii)
explain the consequences of failure to timely contest the citation or to make
payment of any penalties assessed by the citation within the time specified in the
citation.
(b)
The division may serve a citation issued under this section, or a copy of each
citation, upon any individual upon which a summons may be served:
(i)
in accordance with the Utah Rules of Civil Procedure;
(ii)
personally or upon the individual's agent by a division investigator or by any
person specially designated by the director; or
(iii)
by mail.
(c)
If, within 20 calendar days after the day of service of a citation, the individual to
whom the division issues the citation fails to request a hearing to contest the citation,
the citation becomes the final order of the division and is not subject to further
agency review.
(d)
The division may extend the period to contest the citation for cause.
(8)
(a)
The division may suspend the license of a licensed individual without notice if:
(i)
there is a pattern of credible facts that the individual is attempting to operate a
prostitution enterprise; or
(ii)
the individual is engaged in any form of human trafficking whether there is a
violation of any other specific law, rule, or code.
(b)
If the division suspends the license of a licensed individual without notice, the
division shall hold a hearing within 15 days.
Section 48. Section
59-2-407
is amended to read:
59-2-407
Effective
07/01/26
. Administration of uniform fees.
(1)
(a)
Except as provided in Subsection
59-2-405(4)
or
59-2-405.3(4)
, the uniform fee
authorized in Sections
59-2-405
,
59-2-405.3
, and
72-10-110.5
shall be assessed at the
same time and in the same manner as ad valorem personal property taxes under
Chapter 2, Part 13, Collection of Taxes
, except that in listing personal property
subject to the uniform fee with real property as permitted by Section
59-2-1302
, the
assessor or, if this duty has been reassigned in an ordinance under Section
17-74-102
,
the treasurer shall list only the amount of the uniform fee due, and not the taxable
value of the property subject to the uniform fee.
(b)
Except as provided in Subsections
59-2-405.1(4)
,
59-2-405.2(5)
, and
59-2-405.3(4)
,
the uniform fee imposed by Section
59-2-405.1
,
59-2-405.2
, or
59-2-405.3
shall be
assessed at the time of:
(i)
registration as defined in Section
41-1a-102
; and
(ii)
renewal of registration.
(2)
The remedies for nonpayment of the uniform fees authorized by Sections
59-2-405
,
59-2-405.1
,
59-2-405.2
,
59-2-405.3
, and
72-10-110.5
shall be the same as those
provided in
Chapter 2, Part 13, Collection of Taxes
, for nonpayment of ad valorem
personal property taxes.
(3)
Any disclosure of information to a county for purposes of distributing a uniform fee
under this part is not subject to
Title 77, Chapter 38, Part 6, Safe at Home Program
Title 75E, Chapter 11, Safe at Home Program
.
Section 49. Section
59-5-104
is amended to read:
59-5-104
Effective
07/01/26
. Statements filed -- Contents -- Falsification as
perjury.
(1)
(a)
Every producer engaged in the production of oil or gas from any well or wells in
the state shall file with the commission, on or before June 1 of each year, on forms
furnished by the commission, a statement containing the information required by
Subsection
(1)(b)
relating to the oil or gas:
(i)
produced; and
(ii)
(A)
saved;
(B)
sold; or
(C)
transported from the field where the oil or gas was produced during the
preceding calendar year.
(b)
The statement required in Subsection
(1)(a)
shall include:
(i)
the name, description, and location of:
(A)
every well or wells; and
(B)
every field in which the well or wells are located;
(ii)
the number of barrels of oil, the cubic feet of gas, and quantity of other
hydrocarbon substances produced, including the percentage of production from
lands held in trust by the United States for any federally recognized Indian tribe or
its
tribe
members;
(iii)
the value of the oil or gas; and
(iv)
any other reasonable and necessary information required by the commission.
(2)
The statements or reports required to be filed with the commission shall be signed and
sworn to by the producer or a designee.
(3)
Any willful false swearing as to the purported material facts set out in this report
constitutes the crime of perjury and shall be punished as such under
Title 76, Utah
Criminal Code
Title 76, Criminal Offenses
.
Section 50. Section
59-5-204
is amended to read:
59-5-204
Effective
07/01/26
. Statements filed -- Contents -- Verification --
Falsification as perjury.
(1)
Every person engaged in the business of mining or extracting metalliferous minerals
shall make and file with the commission, on or before June 1 of each year on forms
furnished by the commission, a statement containing:
(a)
the name, description, and location of the mine owned and operated by the person
during the preceding calendar year;
(b)
the number of tons of mineral mined during the preceding calendar year and the
disposition of the mineral;
(c)
the total amount received during the preceding calendar year from the sale of
minerals; and
(d)
such other reasonable and necessary information as the commission may require for
the proper enforcement of this chapter as specified in a rule
adopt
ed
made
under
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(2)
(a)
The owner of the mine shall be responsible for the statement or report required by
this section, but the principal lessee, contractor, or operator may, with the consent of
the commission, report and pay the tax as agent for the owner.
(b)
The owner shall be entitled to deduct and remit to the commission any tax
chargeable upon the operations conducted by the lessees or other parties.
(3)
(a)
The statements or reports required to be filed with the commission shall be signed
and sworn to by the person required to file the statements or reports, by a partner if a
partnership, or by the president, secretary, or managing officer, if a corporation.
(b)
Any willful false swearing as to the purported material facts set out in this report
constitutes the crime of perjury and shall be punished as such under
Title 76, Utah
Criminal Code
Title 76, Criminal Offenses
.
Section 51. Section
61-2c-501.5
is amended to read:
61-2c-501.5
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Civil judgment" means a judgment in a civil action that:
(a)
is awarded in an action brought against a person licensed under this chapter on the
basis of fraud, misrepresentation, or deceit in a residential mortgage loan transaction;
and
(b)
awards actual damages.
(2)
"Criminal restitution judgment" means a judgment that, in accordance with
the Utah
Code of Criminal Procedure
Title 77, Criminal Procedure
, orders criminal restitution to
a person and against a person licensed under this chapter for a criminal offense
involving fraud, misrepresentation, or deceit in a residential mortgage loan transaction.
(3)
"Final judgment" means one of the following judgments upon termination of the
proceedings related to the judgment, including appeals:
(a)
a civil judgment; or
(b)
a criminal restitution judgment.
(4)
"Fund" means the Residential Mortgage Loan Education, Research, and Recovery Fund
created in Section
61-2c-501
.
Section 52. Section
61-2f-502
is amended to read:
61-2f-502
Effective
07/01/26
. Definitions.
For purposes of this part:
(1)
"Civil judgment" means a judgment in a civil action that:
(a)
is awarded in an action brought against a real estate licensee on the basis of fraud,
misrepresentation, or deceit in a real estate transaction; and
(b)
awards actual damages.
(2)
"Criminal restitution judgment" means a judgment that, in accordance with
the Utah
Code of Criminal Procedure
Title 77, Criminal Procedure
, orders criminal restitution to
a person and against a real estate licensee for a criminal offense involving fraud,
misrepresentation, or deceit in a real estate transaction.
(3)
"Final judgment" means one of the following judgments upon termination of the
proceedings related to the judgment, including appeals:
(a)
a civil judgment; or
(b)
a criminal restitution judgment.
(4)
"Fund" means the Real Estate Education, Research, and Recovery Fund created in
Section
61-2f-503
.
Section 53. Section
63A-17-502
is amended to read:
63A-17-502
Effective
07/01/26
. Overtime policies for state employees.
(1)
As used in this section:
(a)
"Accrued overtime hours" means:
(i)
for a nonexempt employee, overtime hours earned during a fiscal year that, at the
end of the fiscal year, have not been paid and have not been taken as time off by
the nonexempt state employee who accrued
them
the hours
; and
(ii)
for an exempt employee, overtime hours earned during an overtime year.
(b)
"Appointed official" means:
(i)
each department executive director and deputy director, each division director, and
each member of a board or commission; and
(ii)
any other person employed by a department who is appointed by, or whose
appointment is required by law to be approved by, the governor and who:
(A)
is paid a salary by the state; and
(B)
who exercises managerial, policy-making, or advisory responsibility.
(c)
"Department" means, except as otherwise provided in this section, the Department of
Government Operations, the Department of Corrections, the Department of Financial
Institutions, the Department of Alcoholic Beverage Services, the Insurance
Department, the Public Service Commission, the Labor Commission, the Department
of Agriculture and Food, the Department of
Health and
Human Services, the
Department of Natural Resources, the Department of Transportation, the Department
of Commerce, the Department of Workforce Services, the State Tax Commission, the
Department of Cultural and Community Engagement,
the Department of Health,
the National Guard, the Department of Environmental Quality, the Department of
Public Safety, the
Commission on Criminal and Juvenile Justice
Department of
Criminal Justice
, all merit employees except attorneys in the Office of the Attorney
General, merit employees in the Office of the State Treasurer, merit employees in the
Office of the State Auditor, Department of Veterans and Military Affairs, and the
Board of Pardons and Parole.
(d)
"Elected official" means any person who is an employee of the state because the
person was elected by the registered voters of Utah to a position in state government.
(e)
"Exempt employee" means a state employee who is exempt as defined by the FLSA.
(f)
"FLSA" means the Fair Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
(g)
"FLSA agreement" means the agreement authorized by the FLSA by which a
nonexempt employee elects the form of compensation the nonexempt employee will
receive for overtime.
(h)
"Nonexempt employee" means a state employee who is nonexempt as defined by the
division applying FLSA requirements.
(i)
"Overtime" means actual time worked in excess of an employee's defined work
period.
(j)
"Overtime year" means the year determined by a department under Subsection
(5)(b)
at the end of which an exempt employee's accrued overtime lapses.
(k)
"State employee" means every person employed by a department who is not:
(i)
an appointed official;
(ii)
an elected official; or
(iii)
a member of a board or commission who is paid only for per diem or travel
expenses.
(l)
"Uniform annual date" means the date when an exempt employee's accrued overtime
lapses.
(m)
"Work period" means:
(i)
for a nonexempt employee, except a nonexempt law enforcement or hospital
employee, a consecutive seven day, 24 hour work period of 40 hours;
(ii)
for an exempt employee, a 14 day, 80 hour payroll cycle;
(iii)
for a nonexempt hospital employee, the period the division establishes by rule
according to the requirements of the FLSA; or
(iv)
for a nonexempt law enforcement employee as defined in the FLSA:
(A)
who is employed by the Department of Natural Resources, the period the
division establishes by rule according to the requirements of the FLSA; or
(B)
who is employed by a department other than the Department of Natural
Resources, the period the division establishes by rule in accordance with
Subsection
(2)
.
(2)
Except for the Department of Natural Resources, the division shall require each
department employing a nonexempt law enforcement employee to designate one of the
following work periods applicable to that employee:
(a)
80 hours in a 14 consecutive day payroll cycle; or
(b)
160 hours in a 28 consecutive day payroll cycle.
(3)
Each department shall compensate each state employee who works overtime by
complying with the requirements of this section.
(4)
(a)
Each department shall negotiate and obtain a signed FLSA agreement from each
nonexempt employee.
(b)
In the FLSA agreement, the nonexempt employee shall elect either to be
compensated for overtime by:
(i)
taking time off work at the rate of one and one-half hour off for each overtime
hour worked; or
(ii)
being paid for the overtime worked at the rate of one and one-half times the
employee's regular hourly wage.
(c)
A nonexempt employee who elects to take time off under this Subsection
(4)
shall be
paid for any overtime worked in excess of the cap established by the division.
(d)
Before working any overtime, a nonexempt employee shall obtain authorization to
work overtime from the employee's immediate supervisor.
(e)
Each department shall:
(i)
for an employee who elects to be compensated with time off for overtime, allow
overtime earned during a fiscal year to be accumulated; and
(ii)
for an employee who elects to be paid for overtime worked, pay them for
overtime worked in the paycheck for the pay period in which the employee
worked the overtime.
(f)
If a department pays a nonexempt employee for overtime, that department shall
charge that payment to that department's budget.
(g)
At the end of each fiscal year, the Division of Finance shall total all the accrued
overtime hours for nonexempt employees and charge that total against the
appropriate fund or subfund.
(5)
(a)
(i)
Except as provided in Subsection
(5)(a)(ii)
, each department shall
compensate each exempt employee who works overtime by granting the employee
time off at the rate of one hour off for each hour of overtime worked.
(ii)
The director of the division may grant limited exceptions to the compensation
requirement described in Subsection
(5)(a)(i)
, where work circumstances dictate,
by authorizing a department to pay an exempt employee for overtime worked at
the employee's regular hourly wage if that department has funds available.
(b)
(i)
Each department shall:
(A)
establish in
its
the department's
written human resource policies a uniform
annual date for each division that is at the end of any pay period; and
(B)
communicate the uniform annual date to
its
the department's
employees.
(ii)
If any department fails to establish a uniform annual date as required by this
Subsection
(5)
, the director of the division, in conjunction with the director of the
Division of Finance, shall establish the date for that department.
(c)
The overtime authorized for an exempt employee under this Subsection
(5)
is not an
entitlement, a benefit, or a vested right.
(d)
At the end of the overtime year, upon transfer to another department at any time, and
upon termination, retirement, or other situations where the employee will not return
to work before the end of the overtime year:
(i)
any of an exempt employee's overtime that is more than the maximum established
by division rule lapses; and
(ii)
unless authorized by the director of the division under Subsection
(5)(a)(ii)
, a
department may not compensate the exempt employee for that lapsed overtime by
paying the employee for the overtime or by granting the employee time off for the
lapsed overtime.
(e)
Before working any overtime, each exempt employee shall obtain authorization to
work overtime from the exempt employee's immediate supervisor.
(f)
If a department pays an exempt employee for overtime under authorization from the
director of the division, that department shall charge that payment to that
department's budget in the pay period earned.
(6)
The division shall:
(a)
ensure that the provisions of the FLSA and this section are implemented throughout
state government;
(b)
determine, for each state employee, whether the employee is exempt, nonexempt,
law enforcement, or has some other status under the FLSA;
(c)
in coordination with modifications to the systems operated by the Division of
Finance, make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act:
(i)
establishing procedures for recording overtime worked that comply with FLSA
requirements;
(ii)
establishing requirements governing overtime worked while traveling and
procedures for recording that overtime that comply with FLSA requirements;
(iii)
establishing requirements governing overtime worked if the employee is "on
call" and procedures for recording that overtime that comply with FLSA
requirements;
(iv)
establishing requirements governing overtime worked while an employee is
being trained and procedures for recording that overtime that comply with FLSA
requirements;
(v)
subject to the FLSA and Subsection
(2)
, establishing the maximum number of
hours that a nonexempt employee may accrue before a department is required to
pay the employee for the overtime worked;
(vi)
subject to the FLSA, establishing the maximum number of overtime hours for an
exempt employee that do not lapse; and
(vii)
establishing procedures for adjudicating appeals of an FLSA determination
made by the division as required by this section;
(d)
monitor departments for compliance with the FLSA; and
(e)
recommend to the Legislature and the governor any statutory changes necessary
because of federal government action.
(7)
(a)
In coordination with the procedures for recording overtime worked established in
rule by the division, the Division of Finance shall modify its payroll and human
resource systems to accommodate those procedures.
(b)
Notwithstanding the procedures and requirements of Title 63G, Chapter 4,
Administrative Procedures Act, Section
63A-17-602
, and Section
67-19a-301
, an
employee who is aggrieved by the FLSA designation made by the division as
required by this section may appeal that determination to the director of the division
by following the procedures and requirements established in division rule.
(c)
Upon receipt of an appeal under this section, the director shall notify the executive
director of the employee's department that the appeal has been filed.
(d)
If the employee is aggrieved by the decision of the director, the employee shall
appeal that determination to the
United States
Department of Labor, Wage and Hour
Division, according to the procedures and requirements of federal law.
Section 54. Section
63G-2-305
is amended to read:
63G-2-305
Effective
07/01/26
. Protected records.
The following records are protected if properly classified by a governmental entity:
(1)
trade secrets as defined in Section
13-24-2
if the person submitting the trade secret has
provided the governmental entity with the information specified in Section
63G-2-309
;
(2)
commercial information or nonindividual financial information obtained from a person
if:
(a)
disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the
ability of the governmental entity to obtain necessary information in the future;
(b)
the person submitting the information has a greater interest in prohibiting access than
the public in obtaining access; and
(c)
the person submitting the information has provided the governmental entity with the
information specified in Section
63G-2-309
;
(3)
commercial or financial information acquired or prepared by a governmental entity to
the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or
cause substantial financial injury to the governmental entity or state economy;
(4)
records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project
entity as defined in Subsection
11-13-103(4)
;
(5)
test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6)
records, the disclosure of which would impair governmental procurement proceedings
or give an unfair advantage to any person proposing to enter into a contract or agreement
with a governmental entity, except, subject to Subsections
(1)
and
(2)
, that this
Subsection
(6)
does not restrict the right of a person to have access to, after the contract
or grant has been awarded and signed by all parties:
(a)
a bid, proposal, application, or other information submitted to or by a governmental
entity in response to:
(i)
an invitation for bids;
(ii)
a request for proposals;
(iii)
a request for quotes;
(iv)
a grant; or
(v)
other similar document; or
(b)
an unsolicited proposal, as defined in Section
63G-6a-712
;
(7)
information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections
(1)
and
(2)
, that this Subsection
(7)
does not
restrict the right of a person to have access to the information, after:
(a)
a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b)
(i)
a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii)
at least two years have passed after the day on which the request for information
is issued;
(8)
records that would identify real property or the appraisal or estimated value of real or
personal property, including intellectual property, under consideration for public
acquisition before any rights to the property are acquired unless:
(a)
public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b)
the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c)
in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the
property;
(d)
in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's
estimated value of the property; or
(e)
the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations
to acquire the property as required under Section
78B-6-505
;
(9)
records prepared in contemplation of sale, exchange, lease, rental, or other compensated
transaction of real or personal property including intellectual property, which, if
disclosed
prior to
before
completion of the transaction, would reveal the appraisal or
estimated value of the subject property, unless:
(a)
the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial
benefit of the transaction; or
(b)
when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not
employed by or under a duty of confidentiality to the entity;
(10)
records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration
purposes, if release of the records:
(a)
reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b)
reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c)
would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d)
reasonably could be expected to disclose the identity of a source who is not generally
known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known
outside of government if disclosure would compromise the source; or
(e)
reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if
disclosure would interfere with enforcement or audit efforts;
(11)
records the disclosure of which would jeopardize the life or safety of an individual;
(12)
records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from
damage, theft, or other appropriation or use contrary to law or public policy;
(13)
records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would
interfere with the control and supervision of an offender's incarceration, treatment,
probation, or parole;
(14)
records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections,
the Board of Pardons and Parole, or the Department of Health and Human Services that
are based on the employee's or contractor's supervision, diagnosis, or treatment of any
person within the board's jurisdiction;
(15)
records and audit workpapers that identify audit, collection, and operational procedures
and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16)
records of a governmental audit agency relating to an ongoing or planned audit until
the final audit is released;
(17)
records that are subject to the attorney client privilege;
(18)
records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a
judicial, quasi-judicial, or administrative proceeding;
(19)
(a)
(i)
personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii)
notwithstanding Subsection
(19)(a)(i)
, correspondence that gives notice of
legislative action or policy may not be classified as protected under this section;
and
(b)
(i)
an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A)
members of a legislative body;
(B)
a member of a legislative body and a member of the legislative body's staff; or
(C)
members of a legislative body's staff; and
(ii)
notwithstanding Subsection
(19)(b)(i)
, a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20)
(a)
records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's
contemplated legislation or contemplated course of action before the legislator has
elected to support the legislation or course of action, or made the legislation or course
of action public; and
(b)
notwithstanding Subsection
(20)(a)
, the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a
legislator asks that the records requesting the legislation be maintained as protected
records until such time as the legislator elects to make the legislation or course of
action public;
(21)
a research request from a legislator to a legislative staff member and research findings
prepared in response to the request;
(22)
drafts, unless otherwise classified as public;
(23)
records concerning a governmental entity's strategy about:
(a)
collective bargaining; or
(b)
imminent or pending litigation;
(24)
records of investigations of loss occurrences and analyses of loss occurrences that may
be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25)
records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion
of personal privacy, or disclosure is not in the public interest;
(26)
records that reveal the location of historic, prehistoric, paleontological, or biological
resources that if known would jeopardize the security of those resources or of valuable
historic, scientific, educational, or cultural information;
(27)
records of independent state agencies if the disclosure of the records would conflict
with the fiduciary obligations of the agency;
(28)
records of an institution of higher education defined in Section
53H-1-101
regarding
tenure evaluations, appointments, applications for admissions, retention decisions, and
promotions, which could be properly discussed in a meeting closed in accordance with
Title
52, Chapter 4
, Open and Public Meetings Act, provided that records of the final
decisions about tenure, appointments, retention, promotions, or those students admitted,
may not be classified as protected under this section;
(29)
records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's
contemplated policies or contemplated courses of action before the governor has
implemented or rejected those policies or courses of action or made them public;
(30)
records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31)
records provided by the United States or by a government entity outside the state that
are given to the governmental entity with a requirement that they be managed as
protected records if the providing entity certifies that the record would not be subject to
public disclosure if retained by it;
(32)
transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
public body except as provided in Section
52-4-206
;
(33)
records that would reveal the contents of settlement negotiations but not including final
settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34)
memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of
any other body charged by law with performing a quasi-judicial function;
(35)
records that would reveal negotiations regarding assistance or incentives offered by or
requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm
to the person or place the governmental entity at a competitive disadvantage, but this
section may not be used to restrict access to a record evidencing a final contract;
(36)
materials to which access must be limited for purposes of securing or maintaining the
governmental entity's proprietary protection of intellectual property rights including
patents, copyrights, and trade secrets;
(37)
the name of a donor or a prospective donor to a governmental entity, including an
institution of higher education defined in Section
53H-1-101
, and other information
concerning the donation that could reasonably be expected to reveal the identity of the
donor, provided that:
(a)
the donor requests anonymity in writing;
(b)
any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection
(37)
; and
(c)
except for an institution of higher education defined in Section
53H-1-101
, the
governmental unit to which the donation is made is primarily engaged in educational,
charitable, or artistic endeavors, and has no regulatory or legislative authority over
the donor, a member of the donor's immediate family, or any entity owned or
controlled by the donor or the donor's immediate family;
(38)
accident reports, except as provided in Sections
41-6a-404
,
41-12a-202
, and
73-18-13
;
(39)
a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40)
subject to Subsections
(40)(g)
and
(h)
, the following records of an institution of higher
education defined in Section
53H-1-101
, which have been developed, discovered,
disclosed to, or received by or on behalf of faculty, staff, employees, or students of the
institution:
(a)
unpublished lecture notes;
(b)
unpublished notes, data, and information:
(i)
relating to research; and
(ii)
of:
(A)
the institution of higher education defined in Section
53H-1-101
; or
(B)
a sponsor of sponsored research;
(c)
unpublished manuscripts;
(d)
creative works in process;
(e)
scholarly correspondence;
and
(f)
confidential information contained in research proposals;
(g)
this Subsection
(40)
may not be construed to prohibit disclosure of public
information required
pursuant to
in accordance with
Subsection
53H-14-202(2)(a)
or (b); and
(h)
this Subsection
(40)
may not be construed to affect the ownership of a record;
(41)
(a)
records in the custody or control of the Office of the Legislative Auditor General
that would reveal the name of a particular legislator who requests a legislative audit
prior to
before
the date that audit is completed and made public; and
(b)
notwithstanding Subsection
(41)(a)
, a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator
asks that the records in the custody or control of the Office of the Legislative Auditor
General that would reveal the name of a particular legislator who requests a
legislative audit be maintained as protected records until the audit is completed and
made public;
(42)
records that provide detail as to the location of an explosive, including a map or other
document that indicates the location of:
(a)
a production facility; or
(b)
a magazine;
(43)
information contained in the statewide database of the Division of Aging and Adult
Services created by Section
26B-6-210
;
(44)
information contained in the Licensing Information System described in Title
80,
Chapter 2
, Child Welfare Services;
(45)
information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46)
records provided by any pawn or secondhand business to a law enforcement agency or
to the central database in compliance with Title
13, Chapter 32a
, Pawnshop, Secondhand
Merchandise, and Catalytic Converter Transaction Information Act;
(47)
information regarding food security, risk, and vulnerability assessments performed by
the Department of Agriculture and Food;
(48)
except to the extent that the record is exempt from this chapter
pursuant to
in
accordance with
Section
63G-2-106
, records related to an emergency plan or program, a
copy of which is provided to or prepared or maintained by the Division of Emergency
Management, and the disclosure of which would jeopardize:
(a)
the safety of the general public; or
(b)
the security of:
(i)
governmental property;
(ii)
governmental programs; or
(iii)
the property of a private person who provides the Division of Emergency
Management information;
(49)
records of the Department of Agriculture and Food that provides for the identification,
tracing, or control of livestock diseases, including any program established under Title
4, Chapter 24
, Utah Livestock Brand and Anti-Theft Act, or Title
4, Chapter 31
, Control
of Animal Disease;
(50)
as provided in Section
26B-2-709
:
(a)
information or records held by the Department of Health and Human Services related
to a complaint regarding a provider, program, or facility which the department is
unable to substantiate; and
(b)
information or records related to a complaint received by the Department of Health
and Human Services from an anonymous complainant regarding a provider, program,
or facility;
(51)
unless otherwise classified as public under Section
63G-2-301
and except as provided
under Section
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a)
the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b)
the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i)
the nature of the law, ordinance, rule, or order; and
(ii)
the individual complying with the law, ordinance, rule, or order;
(52)
the portion of the following documents that contains a candidate's residential or
mailing address, if the candidate provides to the filing officer another address or phone
number where the candidate may be contacted:
(a)
a declaration of candidacy, a nomination petition, or a certificate of nomination,
described in Section
20A-9-201
,
20A-9-202
,
20A-9-203
,
20A-9-404
,
20A-9-405
,
20A-9-408
,
20A-9-408.5
,
20A-9-502
, or
20A-9-601
;
(b)
an affidavit of impecuniosity, described in Section
20A-9-201
; or
(c)
a notice of intent to gather signatures for candidacy, described in Section
20A-9-408
;
(53)
the name, home address, work addresses, and telephone numbers of an individual that
is engaged in, or that provides goods or services for, medical or scientific research that is:
(a)
conducted within the state system of higher education, as described in Section
53H-1-102
; and
(b)
conducted using animals;
(54)
in accordance with Section
78A-12-203
, any record of the Judicial Performance
Evaluation Commission concerning an individual commissioner's vote, in relation to
whether a judge meets or exceeds minimum performance standards under Subsection
78A-12-203(4)
, and information disclosed under Subsection
78A-12-203(5)(e)
;
(55)
information collected and a report prepared by the Judicial Performance Evaluation
Commission concerning a judge, unless Section
20A-7-702
or Title
78A, Chapter 12
,
Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
public, the information or report;
(56)
records provided or received by the Public Lands Policy Coordinating Office in
furtherance of any contract or other agreement made in accordance with Section
63L-11-202
;
(57)
information requested by and provided to the 911 Division under Section
63H-7a-302
;
(58)
in accordance with Section
73-10-33
:
(a)
a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b)
an outline of an emergency response plan in possession of the state or a county or
municipality;
(59)
the following records in the custody or control of the Office of Inspector General of
Medicaid Services, created in Section
63A-13-201
:
(a)
records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information
or allegation cannot be corroborated by the Office of Inspector General of Medicaid
Services through other documents or evidence, and the records relating to the
allegation are not relied upon by the Office of Inspector General of Medicaid
Services in preparing a final investigation report or final audit report;
(b)
records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the
existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
violation of a law, rule, or regulation adopted under the laws of this state, a political
subdivision of the state, or any recognized entity of the United States, if the
information was disclosed on the condition that the identity of the person be
protected;
(c)
before the time that an investigation or audit is completed and the final investigation
or final audit report is released, records or drafts circulated to a person who is not an
employee or head of a governmental entity for the person's response or information;
(d)
records that would disclose an outline or part of any investigation, audit survey plan,
or audit program; or
(e)
requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
(60)
records that reveal methods used by the Office of Inspector General of Medicaid
Services, the fraud unit, or the Department of Health and Human Services, to discover
Medicaid fraud, waste, or abuse;
(61)
information provided to the Department of Health and Human Services or the Division
of Professional Licensing under Subsections
58-67-304(3)
and (4) and Subsections
58-68-304(3)
and
(4)
;
(62)
a record described in Section
63G-12-210
;
(63)
captured plate data that is obtained through an automatic license plate reader system
used by a governmental entity as authorized in Section
41-6a-2003
;
(64)
an audio or video recording created by a body-worn camera, as that term is defined in
Section
77-7a-103
, that records sound or images inside a hospital or health care facility
as those terms are defined in Section
78B-3-403
, inside a clinic of a health care provider,
as that term is defined in Section
78B-3-403
, or inside a human
service
services
program as that term is defined in Section
26B-2-101
, except for recordings that:
(a)
depict the commission of an alleged crime;
(b)
record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(c)
record any encounter that is the subject of a complaint or a legal proceeding against a
law enforcement officer or law enforcement agency;
(d)
contain an
officer involved
officer-involved
critical incident as defined in
Subsection
76-2-408(1)(f)
; or
(e)
have been requested for reclassification as a public record by a subject or authorized
agent of a subject featured in the recording;
(65)
a record pertaining to the search process for a president of an institution of higher
education described in Section
53H-3-302
;
(66)
an audio recording that is:
(a)
produced by an audio recording device that is used in conjunction with a device or
piece of equipment designed or intended for resuscitating an individual or for treating
an individual with a life-threatening condition;
(b)
produced during an emergency event when an individual employed to provide law
enforcement, fire protection, paramedic, emergency medical, or other first responder
service:
(i)
is responding to an individual needing resuscitation or with a life-threatening
condition; and
(ii)
uses a device or piece of equipment designed or intended for resuscitating an
individual or for treating an individual with a life-threatening condition; and
(c)
intended and used for purposes of training emergency responders how to improve
their response to an emergency situation;
(67)
records submitted by or prepared in relation to an applicant seeking a recommendation
by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
Legislative Audit Subcommittee, established under Section
36-12-8
, for an employment
position with the Legislature;
(68)
work papers as defined in Section
31A-2-204
;
(69)
a record made available to Adult Protective Services or a law enforcement agency
under Section
61-1-206
;
(70)
a record submitted to the Insurance Department in accordance with Section
31A-37-201
;
(71)
a record described in Section
31A-37-503
;
(72)
any record created by the Division of Professional Licensing as a result of Subsection
58-37f-304(5)
or
58-37f-702(2)(a)(ii)
;
(73)
a record described in Section
72-16-306
that relates to the reporting of an injury
involving an amusement ride;
(74)
except as provided in Subsection
63G-2-305.5(1)
, the signature of an individual on a
political petition, or on a request to withdraw a signature from a political petition,
including a petition or request described in the following titles:
(a)
Title
10, Utah Municipal Code
;
(b)
Title
17, Counties
;
(c)
Title
17B, Limited Purpose Local Government Entities - Special Districts
;
(d)
Title
17D, Limited Purpose Local Government Entities - Other Entities
; and
(e)
Title
20A, Election Code
;
(75)
except as provided in Subsection
63G-2-305.5(2)
, the signature of an individual in a
voter registration record;
(76)
except as provided in Subsection
63G-2-305.5(3)
, any signature, other than a signature
described in Subsection
(74)
or
(75)
, in the custody of the lieutenant governor or a local
political subdivision collected or held under, or in relation to, Title
20A, Election Code
;
(77)
a Form I-918 Supplement B certification as described in Title
77, Chapter 38, Part 5
,
Victims Guidelines for Prosecutors Act;
(78)
a record submitted to the Insurance Department under Section
31A-48-103
;
(79)
personal information, as defined in Section
63G-26-102
, to the extent disclosure is
prohibited under Section
63G-26-103
;
(80)
an image taken of an individual during the process of booking the individual into jail,
unless:
(a)
the individual is convicted of a criminal offense based upon the conduct for which
the individual was incarcerated at the time the image was taken;
(b)
a law enforcement agency releases or disseminates the image:
(i)
after determining that the individual is a fugitive or an imminent threat to an
individual or to public safety and releasing or disseminating the image will assist
in apprehending the individual or reducing or eliminating the threat; or
(ii)
to a potential witness or other individual with direct knowledge of events relevant
to a criminal investigation or criminal proceeding for the purpose of identifying or
locating an individual in connection with the criminal investigation or criminal
proceeding;
(c)
a judge orders the release or dissemination of the image based on a finding that the
release or dissemination is in furtherance of a legitimate law enforcement interest; or
(d)
the image is displayed to a person who is permitted to view the image under Section
17-72-802
;
(81)
a record:
(a)
concerning an interstate claim to the use of waters in the Colorado River system;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state or the federal government as provided in Section
63M-14-205
; and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water in the
Colorado River system;
(ii)
harm the ability of the Colorado River Authority of Utah or river commissioner to
negotiate the best terms and conditions regarding the use of water in the Colorado
River system; or
(iii)
give an advantage to another state or to the federal government in negotiations
regarding the use of water in the Colorado River system;
(82)
any part of an application described in Section
63N-16-201
that the Governor's Office
of Economic Opportunity determines is nonpublic, confidential information that if
disclosed would result in actual economic harm to the applicant, but this Subsection
(82)
may not be used to restrict access to a record evidencing a final contract or approval
decision;
(83)
the following records of a drinking water or wastewater facility:
(a)
an engineering or architectural drawing of the drinking water or wastewater facility;
and
(b)
except as provided in Section
63G-2-106
, a record detailing tools or processes the
drinking water or wastewater facility uses to secure, or prohibit access to, the records
described in Subsection
(83)(a)
;
(84)
a statement that an employee of a governmental entity provides to the governmental
entity as part of the governmental entity's personnel or administrative investigation into
potential misconduct involving the employee if the governmental entity:
(a)
requires the statement under threat of employment disciplinary action, including
possible termination of employment, for the employee's refusal to provide the
statement; and
(b)
provides the employee assurance that the statement cannot be used against the
employee in any criminal proceeding;
(85)
any part of an application for a Utah Fits All Scholarship account described in Section
53F-6-402
or other information identifying a scholarship student as defined in Section
53F-6-401
;
(86)
a record:
(a)
concerning a claim to the use of waters in the Great Salt Lake;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
person concerning the claim, including a representative from another state or the
federal government; and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water in the
Great Salt Lake;
(ii)
harm the ability of the Great Salt Lake commissioner to negotiate the best terms
and conditions regarding the use of water in the Great Salt Lake; or
(iii)
give an advantage to another person including another state or to the federal
government in negotiations regarding the use of water in the Great Salt Lake;
(87)
a consumer complaint described in Section
13-2-11
, unless the consumer complaint is
reclassified as public as described in Subsection
13-2-11
(4)
13-2-11(3)
;
(88)
a record of the Utah water agent, appointed under Section
73-10g-702
:
(a)
concerning a claim to the use of waters;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state, a tribe, the federal government, or other
government entity as provided in
Title
73, Ch
apter
10g, Part 7, Utah Water Agent;
and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water;
(ii)
harm the ability of the Utah water agent to negotiate the best terms and conditions
regarding the use of water; or
(iii)
give an advantage to another state, a tribe, the federal government, or other
government entity in negotiations regarding the use of water; and
(89)
a record created or maintained for an investigation of the Prosecutor Conduct
Commission, created in Section
63M-7-1102
75E-8-102
, that contains any personal
identifying information of a prosecuting attorney, including:
(a)
a complaint, or a document that is submitted or created for a complaint, received by
the Prosecutor Conduct Commission; or
(b)
a finding by the Prosecutor Conduct Commission.
Section 55. Section
63I-1-263
is amended to read:
63I-1-263
Effective
07/01/26
. Repeal dates: Titles 63A to 63O.
(1)
Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July 1,
2028.
(2)
Title 63C, Chapter 18, Behavioral Health Crisis Response Committee, is repealed
December 31, 2026.
(3)
Title 63C, Chapter 25, State Finance Review Commission, is repealed July 1, 2027.
(4)
Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
(5)
Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
(6)
Title 63C, Chapter 31, State Employee Benefits Advisory Commission, is repealed July
1, 2028.
(7)
Section
63G-6a-805
, Purchase from community rehabilitation programs, is repealed
July 1, 2026.
(8)
Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1, 2028.
(9)
Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1, 2029.
(10)
Subsection
63J-1-602.2(16)
, related to the Communication Habits to reduce
Adolescent Threats (CHAT) Pilot Program, is repealed July 1, 2029.
(11)
Subsection
63J-1-602.2(26)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(12)
Section
63L-11-204
, Canyon resource management plan, is repealed July 1, 2027.
(13)
Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee, is
repealed July 1, 2027.
(14)
Title 63M, Chapter 7, Part 7, Domestic Violence Offender Treatment Board, is
repealed July 1, 2027.
(15)
Section
63M-7-902
, Creation -- Membership -- Terms -- Vacancies -- Expenses, is
repealed July 1, 2029.
(16)
(14)
Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
(17)
(15)
Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
(18)
(16)
Subsection
63N-2-511(1)(b)
, regarding the Board of Tourism Development, is
repealed July 1, 2030.
(19)
(17)
Section
63N-2-512
, Hotel Impact Mitigation Fund, is repealed July 1, 2028.
(20)
(18)
Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is
repealed July 1, 2027.
(21)
(19)
Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant Program, is
repealed July 1, 2028.
(22)
(20)
Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
July 1, 2028.
(23)
(21)
Section
63N-4-804
, Rural Opportunity Advisory Committee, is repealed July 1,
2027.
(24)
(22)
Subsection
63N-4-805(5)(b)
, regarding the Rural Employment Expansion
Program, is repealed July 1, 2028.
(25)
(23)
Subsection
63N-7-101(1)
, regarding the Board of Tourism Development, is
repealed July 1, 2030.
(26)
(24)
Subsection
63N-7-102(3)(c)
, regarding a requirement for the Utah Office of
Tourism to receive approval from the Board of Tourism Development, is repealed July
1, 2030.
(27)
(25)
Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed July 1,
2030.
Section 56. Section
63I-1-275
is amended to read:
63I-1-275
Effective
07/01/26
. Repeal dates: Titles 75 through 75E.
Reserved.
(1)
Title 75E, Chapter 7, Domestic Violence Offender Treatment Board, is repealed July 1,
2027.
(2)
Section
75E-6-102
, Creation -- Membership -- Terms -- Vacancies -- Expenses, is
repealed July 1, 2029.
(3)
Section 75E-10-505, Interdisciplinary Parental Representation Pilot Program, is
repealed December 31, 2026.
Section 57. Section
63I-1-278
is amended to read:
63I-1-278
Effective
07/01/26
. Repeal dates: Title 78A and Title 78B.
(1)
Subsection
78A-7-106
(7), regarding the transfer of a criminal action involving a
domestic violence offense from the justice court to the district court, is repealed July 1,
2029.
(2)
Section
78B-3-421
, Arbitration agreements, is repealed July 1, 2029.
(3)
Section
78B-4-518
, Limitation on liability of employer for an employee convicted of an
offense, is repealed July 1, 2029.
(4)
Title
78B, Chapter 6, Part 2
, Alternative Dispute Resolution Act, is repealed July 1,
2026.
(5)
Section
78B-22-805
, Interdisciplinary Parental Representation Pilot Program, is
repealed December 31, 2026.
Section 58. Section
63I-2-253
is amended to read:
63I-2-253
Effective
07/01/26
. Repeal dates: Titles 53 through 53G.
(1)
Title
53, Chapter 2c
, COVID-19 Health and Economic Response Act, is repealed July 1,
2026.
(2)
Section
53-22-104.1
, School Security Task Force -- Membership -- Duties -- Per diem --
Report -- Expiration, is repealed December 31, 2025.
(3)
Section
53-22-104.2
, The School Security Task Force -- Education Advisory Board, is
repealed December 31, 2025.
(4)
Section
53-25-103
, Airport dangerous weapon possession reporting requirements, is
repealed December 31, 2031.
(5)
Subsection
53-25-602(4)(b)
, regarding the rights of a peace officer placed onto a
prosecution agency's Brady identification system before May 7, 2025, is repealed
December 1, 2025.
(6)
Subsection
53-29-302(2)(b)(ii)
53-29-302(3)(b)(ii)
, regarding the requirement for the
Department of Corrections to submit the results of risk assessments for sex offenders to
the
State Commission on Criminal and Juvenile Justice
Department of Criminal Justice
,
is repealed January 1, 2030.
(7)
Subsection
53E-3-501(7)(e)(ii)
, regarding a report on the packet method, is repealed
July 1, 2028.
(8)
Subsection
53F-2-504(6)
, regarding a report on the Salary Supplement for Highly
Needed Educators, is repealed July 1, 2026.
(9)
Section
53F-5-221
, Management of energy and water use pilot program, is repealed July
1, 2028.
(10)
Section
53F-5-222
, Mentoring and Supporting Teacher Excellence and Refinement
Pilot Program, is repealed July 1, 2028.
(11)
Section
53F-5-223
, Stipends for Future Educators Grant Program, is repealed July 1,
2028.
(12)
Subsection
53G-11-502(1)
, regarding implementation of the educator evaluation
process, is repealed July 1, 2029.
(13)
Section
53G-11-506
, Establishment of educator evaluation program -- Joint
committee, is repealed July 1, 2029.
(14)
Section
53G-11-507
, Components of educator evaluation program, is repealed July 1,
2029.
(15)
Section
53G-11-508
, Summative evaluation timelines -- Review of summative
evaluations, is repealed July 1, 2029.
(16)
Section
53G-11-509
, Mentor for provisional educator, is repealed July 1, 2029.
(17)
Section
53G-11-510
, State board to describe a framework for the evaluation of
educators, is repealed July 1, 2029.
(18)
Section
53G-11-511
, Rulemaking for privacy protection, is repealed July 1, 2029.
(19)
Subsection
53G-11-520(1)
, regarding optional alternative educator evaluation
processes, is repealed July 1, 2029.
(20)
Subsection
53G-11-520(2)
, regarding an exception from educator evaluation process
requirements, is repealed July 1, 2029.
Section 59. Section
63J-1-602.1
is amended to read:
63J-1-602.1
Effective
07/01/26
. List of nonlapsing appropriations from
accounts and funds.
Appropriations made from the following accounts or funds are nonlapsing:
(1)
The Native American Repatriation Restricted Account created in Section
9-9-407
.
(2)
Certain money payable for expenses of the Pete Suazo Utah Athletic Commission, as
provided under Title
9, Chapter 23
, Pete Suazo Utah Athletic Commission Act.
(3)
Funds collected for directing and administering the C-PACE district created in Section
11-42a-106
.
(4)
Money received by the Utah Inland Port Authority, as provided in Section
11-58-105
.
(5)
The Commerce Electronic Payment Fee Restricted Account created in Section
13-1-17
.
(6)
The Division of Air Quality Oil, Gas, and Mining Restricted Account created in Section
19-2a-106
.
(7)
The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
Section
19-5-126
.
(8)
State funds for matching federal funds in the Children's Health Insurance Program as
provided in Section
26B-3-906
.
(9)
Funds collected from the program fund for local health department expenses incurred in
responding to a local health emergency under Section
26B-7-111
.
(10)
The Technology Development Restricted Account created in Section
31A-3-104
.
(11)
The Criminal Background Check Restricted Account created in Section
31A-3-105
.
(12)
The Captive Insurance Restricted Account created in Section
31A-3-304
, except to the
extent that Section
31A-3-304
makes the money received under that section free revenue.
(13)
The Title Licensee Enforcement Restricted Account created in Section
31A-23a-415
.
(14)
The Health Insurance Actuarial Review Restricted Account created in Section
31A-30-115
.
(15)
The State Mandated Insurer Payments Restricted Account created in Section
31A-30-118
.
(16)
The Insurance Fraud Investigation Restricted Account created in Section
31A-31-108
.
(17)
The Underage Drinking Prevention Media and Education Campaign Restricted
Account created in Section
32B-2-306
.
(18)
The School Readiness Restricted Account created in Section
35A-15-203
.
(19)
Money received by the Utah State Office of Rehabilitation for the sale of certain
products or services, as provided in Section
35A-13-202
.
(20)
The Property Loss Related to Homelessness Compensation Enterprise Fund created in
Section
35A-16-212
.
(21)
The Homeless Shelter Cities Mitigation Restricted Account created in Section
35A-16-402
.
(22)
The Oil and Gas Administrative Penalties Account created in Section
40-6-11
.
(23)
The Oil and Gas Conservation Account created in Section
40-6-14.5
.
(24)
The Division of Oil, Gas, and Mining Restricted account created in Section
40-6-23
.
(25)
The Electronic Payment Fee Restricted Account created by Section
41-1a-121
to the
Motor Vehicle Division.
(26)
The License Plate Restricted Account created by Section
41-1a-122
.
(27)
The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
created by Section
41-3-110
to the State Tax Commission.
(28)
The State Disaster Recovery Restricted Account to the Division of Emergency
Management, as provided in Section
53-2a-603
.
(29)
The Disaster Response, Recovery, and Mitigation Restricted Account created in
Section
53-2a-1302
.
(30)
The Emergency Medical Services Critical Needs Account created in Section
53-2d-110
.
(31)
The Department of Public Safety Restricted Account to the Department of Public
Safety, as provided in Section
53-3-106
.
(32)
The Utah Highway Patrol Aero Bureau Restricted Account created in Section
53-8-303
.
(33)
The DNA Specimen Restricted Account created in Section
53-10-407
.
(34)
The Technical Colleges Capital Projects Fund created in Section
53H-9-605
.
(35)
The Higher Education Capital Projects Fund created in Section
53H-9-502
.
(36)
A certain portion of money collected for administrative costs under the School
Institutional Trust Lands Management Act, as provided under Section
53C-3-202
.
(37)
The Public Utility Regulatory Restricted Account created in Section
54-5-1.5
, subject
to Subsection
54-5-1.5(4)(d)
.
(38)
Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section
58-3a-105
.
(39)
Certain fines collected by the Division of Professional Licensing for violation of
unlawful or unprofessional conduct that are used for education and enforcement
purposes, as provided in Section
58-17b-505
.
(40)
Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section
58-22-104
.
(41)
Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section
58-55-106
.
(42)
Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section
58-56-3.5
.
(43)
Certain fines collected by the Division of Professional Licensing for use in education
and enforcement of the Security Personnel Licensing Act, as provided in Section
58-63-103
.
(44)
The Relative Value Study Restricted Account created in Section
59-9-105
.
(45)
The Cigarette Tax Restricted Account created in Section
59-14-204
.
(46)
Funds paid to the Division of Real Estate for the cost of a criminal background check
for a mortgage loan license, as provided in Section
61-2c-202
.
(47)
Funds paid to the Division of Real Estate for the cost of a criminal background check
for principal broker, associate broker, and sales agent licenses, as provided in Section
61-2f-204
.
(48)
Certain funds donated to the Department of Health and Human Services, as provided
in Section
26B-1-202
.
(49)
Certain funds donated to the Division of Child and Family Services, as provided in
Section
80-2-404
.
(50)
Funds collected by the Office of Administrative Rules for publishing, as provided in
Section
63G-3-402
.
(51)
The Immigration Act Restricted Account created in Section
63G-12-103
.
(52)
Money received by the military installation development authority, as provided in
Section
63H-1-504
.
(53)
The Unified Statewide 911 Emergency Service Account created in Section
63H-7a-304
.
(54)
The Utah Statewide Radio System Restricted Account created in Section
63H-7a-403
.
(55)
The Utah Capital Investment Restricted Account created in Section
63N-6-204
.
(56)
The Motion Picture Incentive Account created in Section
63N-8-103
.
(57)
Funds collected by the housing of state probationary inmates or state parole inmates, as
provided in Subsection
64-13e-104(2)
.
(58)
Certain forestry and fire control funds utilized by the Division of Forestry, Fire, and
State Lands, as provided in Section
65A-8-103
.
(59)
The following funds or accounts created in Section
72-2-124
:
(a)
Transportation Investment Fund of 2005;
(b)
Transit Transportation Investment Fund;
(c)
Cottonwood Canyons Transportation Investment Fund;
(d)
Active Transportation Investment Fund; and
(e)
Commuter Rail Subaccount.
(60)
The Amusement Ride Safety Restricted Account, as provided in Section
72-16-204
.
(61)
Certain funds received by the Office of the State Engineer for well drilling fines or
bonds, as provided in Section
73-3-25
.
(62)
The Water Resources Conservation and Development Fund, as provided in Section
73-23-2
.
(63)
Funds collected for indigent defense as provided in Title 75E, Chapter 9, Indigent
Defense Commission.
(63)
(64)
Award money under the State Asset Forfeiture Grant Program, as provided under
Section
77-11b-403
.
(64)
(65)
Funds donated or paid to a juvenile court by private sources, as provided in
Subsection
78A-6-203(1)(c)
.
(65)
(66)
Fees for certificate of admission created under Section
78A-9-102
.
(66)
(67)
Funds collected for adoption document access as provided in Sections
81-13-103
,
81-13-504
, and
81-13-505
.
(67)
Funds collected for indigent defense as provided in Title
78B, Chapter 22, Part 4
,
Utah Indigent Defense Commission.
(68)
The Utah Geological Survey Restricted Account created in Section
79-3-403
.
(69)
Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State Park,
and Green River State Park, as provided under Section
79-4-403
.
(70)
Certain funds received by the Division of State Parks from the sale or disposal of
buffalo, as provided under Section
79-4-1001
.
Section 60. Section
63J-1-602.2
is amended to read:
63J-1-602.2
Effective
07/01/26
Partially Repealed
07/01/29
. List of nonlapsing
appropriations to programs.
Appropriations made to the following programs are nonlapsing:
(1)
The Legislature and the Legislature's committees.
(2)
The State Board of Education, including all appropriations to agencies, line items, and
programs under the jurisdiction of the State Board of Education, in accordance with
Section
53F-9-103
.
(3)
The Rangeland Improvement Act created in Section
4-20-101
.
(4)
The Percent-for-Art Program created in Section
9-6-404
.
(5)
The LeRay McAllister Working Farm and Ranch Fund Program created in Title
4,
Chapter 46, Part 3
, LeRay McAllister Working Farm and Ranch Fund.
(6)
The Utah Lake Authority created in Section
11-65-201
.
(7)
Dedicated credits accrued to the Utah Marriage Commission as provided under
Subsection
17-66-303(2)(d)(ii)
.
(8)
The Wildlife Land and Water Acquisition Program created in Section
23A-6-205
.
(9)
Sanctions collected as dedicated credits from Medicaid providers under Subsection
26B-3-108(7)
.
(10)
The primary care grant program created in Section
26B-4-310
.
(11)
The Opiate Overdose Outreach Pilot Program created in Section
26B-4-512
.
(12)
The Utah Health Care Workforce Financial Assistance Program created in Section
26B-4-702
.
(13)
The Rural Physician Loan Repayment Program created in Section
26B-4-703
.
(14)
The Utah Medical Education Council for the:
(a)
administration of the Utah Medical Education Program created in Section
26B-4-707
;
(b)
provision of medical residency grants described in Section
26B-4-711
; and
(c)
provision of the forensic psychiatric fellowship grant described in Section
26B-4-712
.
(15)
The Division of Services for People with Disabilities, as provided in Section
26B-6-402
.
(16)
The Communication Habits to reduce Adolescent Threats (CHAT) Pilot Program
created in Section
26B-7-122
.
(17)
Funds that the Department of Alcoholic Beverage Services retains in accordance with
Subsection
32B-2-301(8)(a)
or
(b)
.
(18)
The General Assistance program administered by the Department of Workforce
Services, as provided in Section
35A-3-401
.
(19)
The Utah National Guard, created in Title
39A, National Guard and Militia Act
.
(20)
The Search and Rescue Financial Assistance Program, as provided in Section
53-2a-1102
.
(21)
The Emergency Medical Services Grant Program, as provided in Section
53-2d-207
.
(22)
The Motorcycle Rider Education Program, as provided in Section
53-3-905
.
(23)
The Utah Board of Higher Education for teacher preparation programs, as provided in
Section
53H-5-402
.
(24)
Innovation grants under Section
53G-10-608
, except as provided in Subsection
53G-10-608(3)
.
(25)
The Division of Fleet Operations for the purpose of upgrading underground storage
tanks under Section
63A-9-401
.
(26)
The Division of Technology Services for technology innovation as provided under
Section
63A-16-903
.
(27)
The State Capitol Preservation Board created by Section
63O-2-201
.
(28)
The Office of Administrative Rules for publishing, as provided in Section
63G-3-402
.
(29)
The Colorado River Authority of Utah, created in Title
63M, Chapter 14
, Colorado
River Authority of Utah Act.
(30)
The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act, as
provided in Title
63N, Chapter 2, Part 2
, Enterprise Zone Act.
(31)
The Governor's Office of Economic Opportunity's Rural Employment Expansion
Program, as described in Title
63N, Chapter 4, Part 4
, Rural Employment Expansion
Program.
(32)
County correctional facility contracting program for state inmates as described in
Section
64-13e-103
.
(33)
County correctional facility reimbursement program for state probationary inmates and
state parole inmates as described in Section
64-13e-104
.
(34)
Programs for the Jordan River Recreation Area as described in Section
65A-2-8
.
(35)
The Division of Human Resource Management user training program, as provided in
Section
63A-17-106
.
(36)
A public safety answering point's emergency telecommunications service fund, as
provided in Section
69-2-301
.
(37)
The Traffic Noise Abatement Program created in Section
72-6-112
.
(38)
The money appropriated from the Navajo Water Rights Negotiation Account to the
Division of Water Rights, created in Section
73-2-1.1
, for purposes of participating in a
settlement of federal reserved water right claims.
(39)
Indigent defense as provided in Title 75E, Chapter 9, Indigent Defense Commission.
(39)
(40)
The Judicial Council for compensation for special prosecutors, as provided in
Section
77-10a-19
.
(40)
(41)
A state rehabilitative employment program, as provided in Section
78A-6-210
.
(41)
(42)
The Utah Geological Survey, as provided in Section
79-3-401
.
(42)
(43)
The Bonneville Shoreline Trail Program created under Section
79-5-503
.
(43)
(44)
Adoption document access as provided in Sections
81-13-103
,
81-13-504
, and
81-13-505
.
(44)
Indigent defense as provided in Title
78B, Chapter 22, Part 4
, Utah Indigent Defense
Commission.
(45)
The program established by the Division of Facilities Construction and Management
under Section
63A-5b-703
under which state agencies receive an appropriation and pay
lease payments for the use and occupancy of buildings owned by the Division of
Facilities Construction and Management.
(46)
The State Tax Commission for reimbursing counties for deferrals in accordance with
Section
59-2-1802.5
.
(47)
The Veterinarian Education Loan Repayment Program created in Section
4-2-902
.
Section 61. Section
63O-2-301
is amended to read:
63O-2-301
Effective
07/01/26
. Board powers -- Subcommittees.
(1)
The board shall:
(a)
except as otherwise provided in Chapter 1, Control and Maintenance of Capitol Hill,
exercise complete jurisdiction and stewardship over capitol hill facilities, capitol hill
grounds, and the capitol hill complex;
(b)
preserve, maintain, and restore the capitol hill complex, capitol hill facilities, capitol
hill grounds, and their contents;
(c)
before October 1 of each year, review and approve the executive director's annual
budget request for submittal to the governor and Legislature;
(d)
on or before October 1 of each year, prepare and submit a recommended budget
request for the upcoming fiscal year for the capitol hill complex to:
(i)
the governor, through the Governor's Office of Planning and Budget; and
(ii)
the Legislature's appropriations subcommittee responsible for capitol hill
facilities, through the Office of the Legislative Fiscal Analyst;
(e)
review and approve the executive director's:
(i)
annual work plan;
(ii)
long-range master plan for the capitol hill complex, capitol hill facilities, and
capitol hill grounds; and
(iii)
furnishings plan for placement and care of objects under the care of the board;
(f)
approve all changes to the buildings and their grounds, including:
(i)
restoration, remodeling, and rehabilitation projects;
(ii)
usual maintenance program; and
(iii)
any transfers or loans of objects under the board's care;
(g)
define and identify all significant aspects of capitol hill, after consultation with the:
(i)
Division of Facilities Construction and Management;
(ii)
State Library Division;
(iii)
Division of Archives and Records Service;
(iv)
Utah Historical Society;
(v)
Office of Museum Services; and
(vi)
Arts Council;
(h)
inventory, define, and identify all significant contents of the buildings and all
state-owned items of historical significance that were at one time in the buildings,
after consultation with the:
(i)
Division of Facilities Construction and Management;
(ii)
State Library Division;
(iii)
Division of Archives and Records Service;
(iv)
Utah Historical Society;
(v)
Office of Museum Services; and
(vi)
Arts Council;
(i)
maintain archives relating to the construction and development of the buildings, the
contents of the buildings and the grounds, including plans, specifications,
photographs, purchase orders, and other related documents, the original copies of
which shall be maintained by the Division of Archives and Records Service;
(j)
comply with federal and state laws related to program and facility accessibility; and
(k)
establish procedures for receiving, hearing, and deciding complaints or other issues
raised about capitol hill and the use of capitol hill.
(2)
(a)
The board shall make rules to govern, administer, and regulate capitol hill, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b)
A violation of a rule relating to the use of capitol hill
adopt
ed
made
by the board
under the authority of this Subsection
(2)
is an infraction.
(c)
If an act violating a rule under Subsection
(2)(b)
also amounts to an offense subject
to a greater penalty under this title, Title 32B, Alcoholic Beverage Control Act, Title
41, Motor Vehicles,
Title 76, Utah Criminal Code
Title 76, Criminal Offenses
, or
other provision of state law, Subsection
(3)(b)
(2)(b)
does not prohibit prosecution
and sentencing for the more serious offense.
(d)
In addition to any punishment allowed under Subsections
(2)(b)
and
(c)
, a person
who violates a rule
adopt
ed
made
by the board under the authority of this
Subsection
(2)
is subject to a civil penalty not to exceed $2,500 for each violation,
plus the amount of any actual damages, expenses, and costs related to the violation of
the rule that are incurred by the state.
(e)
The board may take any other legal action allowed by law.
(f)
The board may not apply this section or rules
adopt
ed
made
under the authority of
this section in a manner that violates a person's rights under the Utah Constitution or
the First Amendment to the United States Constitution, including the right of persons
to peaceably assemble.
(g)
The board shall send proposed rules under this section to the legislative general
counsel and the governor's general counsel for review and comment before the board
adopt
s
makes
the rules.
(3)
The board is exempt from the requirements of Title 63G, Chapter 6a, Utah Procurement
Code, but shall
adopt
make
procurement rules substantially similar to the requirements
of that chapter.
(4)
The board shall name:
(a)
the House Building the "Rebecca D. Lockhart House Building"; and
(b)
committee room 210 in the Senate Building the "Allyson W. Gamble Committee
Room."
(5)
(a)
The board may:
(i)
establish subcommittees made up of board members and members of the public to
assist and support the executive director in accomplishing the executive director's
duties;
(ii)
establish fees for the use of capitol hill facilities and grounds;
(iii)
assign and allocate specific duties and responsibilities to any other state agency,
if the other agency agrees to perform the duty or accept the responsibility;
(iv)
contract with another state agency to provide services;
(v)
delegate by specific motion of the board any authority granted to the board under
this section to the executive director;
(vi)
in conjunction with Salt Lake City, expend money to improve or maintain public
property contiguous to East Capitol Boulevard and capitol hill;
(vii)
provide wireless
Internet
internet
service to the public without a fee in any
capitol hill facility; and
(viii)
when necessary, consult with the:
(A)
Division of Facilities Construction and Management;
(B)
State Library Division;
(C)
Division of Archives and Records Service;
(D)
Utah Historical Society;
(E)
Office of Museum Services; and
(F)
Arts Council.
(b)
The board's provision of wireless
Internet
internet
service under Subsection
(5)(a)(vii)
shall be discontinued in the legislative area if the president of the Senate
and the speaker of the House of Representatives each submit a signed letter to the
board indicating that the service is disruptive to the legislative process and is to be
discontinued.
(c)
If a budget subcommittee is established by the board, the following shall serve as ex
officio, nonvoting members of the budget subcommittee:
(i)
the legislative fiscal analyst, or the analyst's designee, who shall be from the
Office of the Legislative Fiscal Analyst; and
(ii)
the executive director of the Governor's Office of Planning and Budget, or the
executive director's designee, who shall be from the Governor's Office of Planning
and Budget.
(d)
If a preservation and maintenance subcommittee is established by the board, the
board may, by majority vote, appoint one or each of the following to serve on the
subcommittee as voting members of the subcommittee:
(i)
an architect, who shall be selected from a list of three architects submitted by the
American Institute of Architects; or
(ii)
an engineer, who shall be selected from a list of three engineers submitted by the
American Civil Engineers Council.
(e)
If the board establishes any subcommittees, the board may, by majority vote, appoint
up to two people who are not members of the board to serve, at the will of the board,
as nonvoting members of a subcommittee.
(f)
Members of each subcommittee shall, at the first meeting of each calendar year,
select one individual to act as chair of the subcommittee for a one-year term.
(6)
(a)
The board, and the employees of the board, may not move the office of the
governor, lieutenant governor, president of the Senate, speaker of the House of
Representatives, or a member of the Legislature from the State Capitol unless the
removal is approved by:
(i)
the governor, in the case of the governor's office;
(ii)
the lieutenant governor, in the case of the lieutenant governor's office;
(iii)
the president of the Senate, in the case of the president's office or the office of a
member of the Senate; or
(iv)
the speaker of the House of Representatives, in the case of the speaker's office or
the office of a member of the House.
(b)
The board and the employees of the board have no control over the furniture,
furnishings, and decorative objects in the offices of the governor, lieutenant
governor, or the members of the Legislature except as necessary to inventory or
conserve items of historical significance owned by the state.
(c)
The board and the employees of the board have no control over records and
documents produced by or in the custody of a state agency, official, or employee
having an office in a building on capitol hill.
(d)
Except for items identified by the board as having historical significance, and except
as provided in Subsection
(6)(b)
, the board and the employees of the board have no
control over moveable furnishings and equipment in the custody of a state agency,
official, or employee having an office in a building on capitol hill.
Section 62. Section
64-13-6
is amended to read:
64-13-6
Effective
07/01/26
. 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
75E-2-203
;
(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)
"Accounts receivable" means any amount owed by an offender arising from a
criminal judgment that has not been paid.
(ii)
"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.
(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 63. Section
64-13-14.5
is amended to read:
64-13-14.5
Effective
07/01/26
. Limits of confinement place -- Release status --
Work release.
(1)
The department may extend the limits of the place of confinement of an inmate when, as
established by department policies and procedures, there is cause to believe the inmate
will honor the trust, by authorizing the inmate under prescribed conditions:
(a)
to leave temporarily for purposes specified by department policies and procedures to
visit specifically designated places for a period not to exceed 30 days;
(b)
to participate in a voluntary training program in the community while housed at a
correctional facility or to work at paid employment;
(c)
to be housed in a nonsecure community correctional center operated by the
department; or
(d)
to be housed in any other facility under contract with the department.
(2)
(a)
The department shall establish rules governing offenders on release status.
(b)
A copy of the rules established under Subsection
(2)(a)
shall be furnished to the
offender and to any employer or other person participating in the offender's release
program.
(c)
Any employer or other participating person shall agree in writing to abide by the
rules established under Subsection
(2)(a)
and to notify the department of the
offender's discharge or other release from a release program activity, or of any
violation of the rules governing release status.
(3)
The willful failure of an inmate to remain within the extended limits of his confinement
or to return within the time prescribed to an institution or facility designated by the
department is an escape from custody.
(4)
If an offender is arrested for the commission of a crime, the arresting authority shall
immediately notify the department of the arrest.
(5)
The department may impose appropriate sanctions
pursuant to
in accordance with
Section
64-14-204
upon offenders who violate the adult sentencing and supervision
length guidelines, as defined in Section
63M-7-401.1
75E-4-101
, including prosecution
for escape under Section
76-8-309
or
76-8-309.3
and for absconding from supervision.
(6)
An inmate who is housed at a nonsecure correctional facility and on work release may
not be required to work for less than the current federally established minimum wage, or
under substandard working conditions.
Section 64. Section
64-13-14.7
is amended to read:
64-13-14.7
Effective
07/01/26
. Victim notification of offender's release.
(1)
As used in this section:
(a)
"Offender" means
a person
an individual
who committed an act of criminally
injurious conduct against the victim and has been sentenced to incarceration in the
custody of the department.
(b)
(i)
"Victim" means
a person
an individual
against whom an offender committed
criminally injurious conduct as defined in Section
63M-7-502
75E-5-101
, and
who is entitled to notice of hearings regarding the offender's parole under Section
77-27-9.5
.
(ii)
"Victim" includes the legal guardian of a victim, or the representative of the
family of a victim who is deceased.
(2)
(a)
(i)
Upon submitting a signed written request of notification to the Department
of Corrections, a victim shall be notified of an offender's release under
Sections
Section
64-13-14.5
and
64-13-14.7
this section
, or any other release to or from a
half-way house, to a program outside of the prison such as a rehabilitation
program, state hospital, community center other than a release on parole,
commutation
,
or termination for which notice is provided under Sections
77-27-9.5
and
77-27-9.7
, transfer of the offender to an out-of-state facility, an offender's
escape, or an offender's termination from probation or parole.
(ii)
The request shall include a current mailing address and may include current
telephone numbers if the victim chooses.
(iii)
The notice for an offender's termination from probation or parole shall notify the
victim that the victim may petition the court for the appropriate continuous
protective order under Subsection
78B-7-804(5)
or
78B-7-805(5)
.
(b)
(i)
Subject to Subsection
(2)(b)(ii)
, the department shall advise the victim of an
offender's release or escape under Subsection
(2)(a)
, in writing.
(ii)
If written notice is not feasible because the release is immediate or the offender
escapes, the department shall make a reasonable attempt to notify the victim by
telephone if the victim has provided a telephone number under Subsection
(2)(a)
and shall follow up with a written notice.
(3)
(a)
Notice of victim rights under this section shall be provided to the victim in the
notice of hearings regarding parole under Section
77-27-9.5
.
(b)
The department shall coordinate with the Board of Pardons and Parole to ensure the
notice is implemented.
(4)
A victim's request for notification under this section and any notification to a victim
under this section is private information that the department may not release:
(a)
to the offender under any circumstances; or
(b)
to any other party without the written consent of the victim.
(5)
The department may make rules as necessary to implement this section.
(6)
The department or
its
the department's
employees acting within the scope of their
employment are not civilly or criminally liable for failure to provide notice or improper
notice under this section unless the failure or impropriety is willful or grossly negligent.
Section 65. Section
64-13-23
is amended to read:
64-13-23
Effective
07/01/26
. Offender's income, debt, and finances --
Department responsibilities concerning offender debt and financial information.
(1)
The department may require each offender, while in the custody of the department or
while on probation or parole, to place funds received or earned by the offender from any
source into:
(a)
an account administered by the department; or
(b)
a joint account with the department at a federally insured financial institution.
(2)
The department may require each offender to maintain a minimum balance in an
account under Subsection
(1)
for the particular offender's use upon:
(a)
discharge from the custody of the department; or
(b)
completion of parole or probation.
(3)
If the funds are placed in a joint account at a federally insured financial institution:
(a)
any interest accrues to the benefit of the offender account; and
(b)
the department may require that the signatures of both the offender and a
departmental representative be submitted to the financial institution to withdraw
funds from the account.
(4)
If the funds are placed in an account administered by the department, the department
may by rule designate:
(a)
a certain portion of the offender's funds as interest-bearing savings; and
(b)
a portion of the offender's funds as noninterest-bearing to be used for day-to-day
expenses.
(5)
(a)
The department may withhold part of the offender's funds in an account under
Subsection
(1)
for expenses of:
(i)
supervision or treatment;
(ii)
restitution,
reparation
victim compensation
, fines, alimony, support payments, or
similar court-ordered payments;
(iii)
obtaining the offender's DNA specimen, if the offender is required under Section
53-10-404
to provide a specimen;
(iv)
department-ordered repayment of a fine that is incurred under Section
64-13-33
;
and
(v)
other debt to the state.
(b)
The department shall provide or make available an account statement at least every
two weeks to each inmate who has an account under Subsection
(1)
that contains:
(i)
a list of the inmate's known existing debts, including debts related to the inmate's
restitution, court costs, fines, tax obligations, alimony, child support, other
court-ordered payments, and similar debts;
(ii)
information regarding incentives for paying certain debts while incarcerated; and
(iii)
information on how the inmate can access information concerning:
(A)
the debts listed in Subsection
(5)(b)(i)
; and
(B)
educational resources on financial literacy and money management.
(c)
The department may provide an account statement to a former inmate through the
former inmate's parole officer through the Division of Adult Probation and Parole
upon request.
(6)
(a)
An offender may not be granted free process in civil actions, including petitions
for a writ of habeas corpus, if, at any time from the date the cause of action arose
through the date the cause of action remains pending, there are any funds in an
account under Subsection
(1)
that have not been withheld or are not subject to
withholding under Subsection
(4)
or
(5)
.
(b)
The amount assessed for the filing fee, service of process and other fees and costs
shall not exceed the total amount of funds the offender has in excess of the indigence
threshold established by the department but not less than $25 including the
withholdings under Subsection
(4)
or
(5)
during the identified period of time.
(c)
The amounts assessed shall not exceed the regular fees and costs provided by law.
(7)
The department may disclose information on offender accounts to the Office of
Recovery Services and other appropriate state agencies.
(8)
The department shall publish a notice on the department's website, and any website used
by an individual depositing funds into an offender's account, that the individual may
request from the department a copy of a statement of the offender's financial account in
accordance with Title 63G, Chapter 2, Government Records Access and Management
Act.
(9)
(a)
(i)
Beginning on January 1, 2027, within 15 days after an inmate has been
incarcerated in a state prison for 90 consecutive days, the department shall notify
the Office of State Debt Collection, the State Tax Commission, and the Office of
Recovery Services about the inmate's incarceration, including:
(A)
the relevant dates of the inmate's incarceration and identifying information
concerning the inmate's identity; and
(B)
whether the inmate's incarceration is based on criminal non-payment of a child
support order or an offense against the child or custodial parent.
(ii)
Beginning on January 1, 2027, within 15 days after the day on which an inmate is
released from incarceration, the department shall notify the entities listed in
Subsection
(9)(a)(i)
of the inmate's release date.
(b)
The requirement described in Subsection
(9)(a)(i)
does not apply if a court, county
jail, or other entity previously has notified the agencies listed in Subsection
(9)(a)(i)
about the inmate's incarceration.
(10)
(a)
The department shall, on a periodic basis, offer educational resources to one or
more individuals designated by an inmate concerning financial incentives for
repaying certain debts during an inmate's incarceration.
(b)
The department may, if the department has received an inmate's consent, provide one
or more individuals designated by an inmate with information concerning the
inmate's current financial account balance and existing known debts, in addition to
the information provided under Subsection
(10)(a)
.
Section 66. Section
64-13-25
is amended to read:
64-13-25
Effective
07/01/26
. 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
establish
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)
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
Department of Criminal Justice
on or
before August 31.
(4)
The
State Commission on Criminal and Juvenile Justice
Department of Criminal 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 67. Section
64-13-45
is amended to read:
64-13-45
Effective
07/01/26
. Department reporting requirements.
(1)
As used in this section:
(a)
"Biological sex at birth" means the same as that term is defined in Section
26B-8-101
.
(b)
(i)
"In-custody death" means an inmate death that occurs while the inmate is in the
custody of the department.
(ii)
"In-custody death" includes an inmate death that occurs while the inmate is:
(A)
being transported for medical care; or
(B)
receiving medical care outside of a correctional facility, other than a county
jail.
(c)
"Inmate" means an individual who is processed or booked into custody or housed in
the department or a correctional facility other than a county jail.
(d)
"Opiate" means the same as that term is defined in Section
58-37-2
.
(e)
"Transgender inmate" means the same as that term is defined in Section
64-13-7
.
(2)
The department shall submit a report to the
Commission on Criminal and Juvenile
Justice
Department of Criminal Justice
created in Section
63M-7-201
75E-2-102
before
June 15 of each year that includes:
(a)
the number of in-custody deaths that occurred during the preceding calendar year,
including:
(i)
the known, or discoverable on reasonable inquiry, causes and contributing factors
of each of the in-custody deaths described in Subsection
(2)(a)
; and
(ii)
the department's policy for notifying an inmate's next of kin after the inmate's
in-custody death;
(b)
the department policies, procedures, and protocols:
(i)
for treatment of an inmate experiencing withdrawal from alcohol or substance use,
including use of opiates;
(ii)
that relate to the department's provision, or lack of provision, of medications used
to treat, mitigate, or address an inmate's symptoms of withdrawal, including
methadone and all forms of buprenorphine and naltrexone; and
(iii)
that relate to screening, assessment, and treatment of an inmate for a substance
use disorder or mental health disorder;
(c)
the number of inmates who gave birth and were restrained in accordance with
Section
64-13-46
, including:
(i)
the types of restraints used; and
(ii)
whether the use of restraints was to prevent escape or to ensure the safety of the
inmate, medical or corrections staff, or the public;
(d)
the number of transgender inmates that are assigned to a living area with inmates
whose biological sex at birth do not correspond with the transgender inmate's
biological sex at birth in accordance with Section
64-13-7
, including:
(i)
the results of the individualized security analysis conducted for each transgender
inmate in accordance with Subsection
64-13-7(5)(a)
; and
(ii)
a detailed explanation regarding how the security conditions described in
Subsection
64-13-7(5)(b)
are met for each transgender inmate;
(e)
the number of transgender inmates that were:
(i)
assigned to a living area with inmates whose biological sex at birth do not
correspond with the transgender inmate's biological sex at birth; and
(ii)
removed and assigned to a living area with inmates whose biological sex at birth
corresponds with the transgender inmate's biological sex at birth in accordance
with Subsection
64-13-7(6)
; and
(f)
any report the department provides or is required to provide under federal law or
regulation relating to inmate deaths.
(3)
The
Commission on Criminal and Juvenile Justice
Department of Criminal Justice
shall:
(a)
compile the information from the reports described in Subsection
(2)
;
(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
; and
(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.
(4)
The
Commission on Criminal and Juvenile Justice
Department of Criminal Justice
may
not provide access to or use the department's policies, procedures, or protocols submitted
under this section in a manner or for a purpose not described in this section.
Section 68. Section
64-13e-102
is amended to read:
64-13e-102
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
"Alternative treatment program" means:
(a)
an evidence-based cognitive behavioral therapy program; or
(b)
a certificate-based program provided by:
(i)
an institution of higher education described in Subsection
53H-1-102(1)(b)
; or
(ii)
a degree-granting institution acting in the degree-granting institution's technical
education role described in Section
53H-3-608
.
(2)
"Average state daily incarceration cost" means the average cost incurred by the
department per bed day over the previous three fiscal years, that reflects the following
expenses incurred by the department for housing an inmate:
(a)
executive overhead;
(b)
administrative overhead;
(c)
transportation overhead;
(d)
division overhead; and
(e)
motor pool expenses.
(3)
"Board" means the Board of Pardons and Parole.
(4)
"Commission" means the State Commission on Criminal and Juvenile Justice, created
in Section
63M-7-201
.
(5)
(4)
(a)
"Condition of probation day" means a day spent by a state probationary
inmate in a county correctional facility as a condition of probation.
(b)
"Condition of probation day" includes a day spent by a state probationary inmate in a
county correctional facility:
(i)
after the date of sentencing;
(ii)
before the date of sentencing, if a court orders that the state probationary inmate
shall receive credit for time served in a county correctional facility before the date
of sentencing;
(iii)
as a condition of an original order of probation; and
(iv)
as a condition of a new order of probation after a prior revocation of probation.
(c)
"Condition of probation day" does not include a day spent by a state probationary
inmate in a county correctional facility:
(i)
as a probation sanction day;
(ii)
after the state probationary inmate has spent 365 consecutive days in a county
correctional facility for a single order of probation;
(iii)
as a condition of a plea in abeyance agreement if a conviction has not been
entered;
(iv)
on a hold instituted by the federal Immigration and Customs Enforcement
Agency of the United States Department of Homeland Security; or
(v)
after the termination of probation if the state probationary inmate is:
(A)
sentenced to prison; or
(B)
eligible for release.
(6)
(5)
"Department" means the Department of Corrections, created in Section
64-13-2
.
(7)
(6)
"Division" means the Division of Finance, created in Section
63A-3-101
.
(8)
(7)
(a)
"Eligible bed day" means a day spent by a state probationary inmate or a state
parole inmate in a county correctional facility that is eligible for reimbursement
under Section
64-13e-104
.
(b)
"Eligible bed day" includes:
(i)
a condition of probation day;
(ii)
a parole hold day;
(iii)
a parole sanction day; and
(iv)
a probation sanction day.
(9)
(8)
(a)
"Parole hold day" means a day spent in a county correctional facility by a
state parole inmate under Subsection
64-13-29(3)
64-14-205(3)
based on a
suspected violation of the state parole inmate's terms of parole.
(b)
"Parole hold day" does not include a day spent in a county correctional facility by a
state parole inmate:
(i)
after the state parole inmate has spent 72 hours, excluding weekends and holidays,
for a single suspected violation of the state parole inmate's terms of parole; or
(ii)
as a parole sanction day.
(10)
(9)
(a)
"Parole sanction day" means a day spent in a county correctional facility by
a state parole inmate as a sanction under Subsection
64-13-6(2)
64-14-204(2)(b)
for
a violation of the state parole inmate's terms of parole.
(b)
"Parole sanction day" includes not more than three consecutive days and not more
than a total of six days within a period of 30 days for each sanction.
(c)
"Parole sanction day" does not include a parole hold day.
(11)
(10)
(a)
"Probation sanction day" means a day spent in a county correctional
facility by a state probationary inmate as a sanction under Subsection
64-13-6(2)
64-14-204(2)(b)
based on a violation of the state probationary inmate's terms of
probation.
(b)
"Probation sanction day" includes not more than three consecutive days and not more
than a total of six days within a period of 30 days for each sanction.
(c)
"Probation sanction day" does not include:
(i)
a condition of probation day; or
(ii)
a day spent in a county correctional facility by a state probationary inmate under
Subsection
64-14-205(3)
based on a suspected violation of the state probationary
inmate's terms of probation.
(12)
(11)
"Rate surplus" means the dollar amount by which the average state daily
incarceration cost for a given year exceeds 105% of the prior year's state daily
incarceration rate.
(13)
(12)
"State daily incarceration rate" means the daily per bed dollar basis upon which
the department will calculate payments to other parties for housing state inmates and
state probationary inmates.
(14)
(13)
"State inmate" means an individual, other than a state probationary inmate or
state parole inmate, who is committed to the custody of the department.
(15)
(14)
"State parole inmate" means an individual who is:
(a)
on parole, as defined in Section
77-27-1
; and
(b)
housed in a county correctional facility for a reason related to the individual's parole.
(16)
(15)
"State probationary inmate" means a felony probationer sentenced to time in a
county correctional facility under Subsection
77-18-105(6)
.
(17)
(16)
"Treatment program" means:
(a)
an alcohol treatment program;
(b)
a substance abuse treatment program;
(c)
a sex offender treatment program; or
(d)
an alternative treatment program.
Section 69. Section
64-13e-103.1
is amended to read:
64-13e-103.1
Effective
07/01/26
. Calculating the average state daily
incarceration cost and the state incarceration rate.
(1)
Before September 15 of each year, the department shall:
(a)
calculate the average state daily incarceration cost;
and:
(i)
(b)
(i)
if the average state daily incarceration cost
calculated in Subsection
(1)(a)
equals more than 105% of the previous year's state daily incarceration rate:
(A)
set the state daily incarceration rate at 105% of the prior year's state daily
incarceration rate; and
(B)
record that year's rate surplus; or
(ii)
if the average state daily incarceration cost
calculated in Subsection
(1)(a)
is less
than 105% of the previous year's state daily incarceration rate:
(A)
set the state daily incarceration rate at the state daily incarceration cost; or
(B)
if in any one or more of the prior three years there existed a rate surplus, and
that rate surplus has not been used to augment the state daily incarceration cost
in another year, add the rate surplus or surpluses to the state daily incarceration
cost and set the state daily incarceration rate to that combined amount, up to
105% of the previous year's state daily incarceration rate; and
(b)
(c)
inform each county and the
commission
Department of Criminal Justice
of the
state daily incarceration rate.
(2)
Except as provided in Subsections
(3)
and (4), the state daily incarceration rate may not
be less that the rate presented to the Executive Appropriations Committee of the
Legislature for purposes of setting the appropriation for the department's budget.
(3)
Notwithstanding any other provision in this section, in a fiscal year where General Fund
revenue growth is not sufficient to fund the state daily incarceration rate presented to the
Executive Appropriations Committee, the state daily incarceration rate shall be reset by
the Executive Appropriations Committee in an appropriations act.
(4)
For the fiscal year beginning July 1, 2025, only, the state daily incarceration rate is
$120.75.
Section 70. Section
64-13e-104
is amended to read:
64-13e-104
Effective
07/01/26
. County correctional facility reimbursement
program for state probationary inmates and state parole inmates -- Payments.
(1)
A county may receive reimbursement from the state for the county's eligible bed days as
described in this section.
(2)
Within funds appropriated by the Legislature for the purpose described in Subsection
(1)
,
the division shall:
(a)
pay a county for the county's eligible bed days at a rate of 50% of the state daily
incarceration rate; and
(b)
administer the payments under this section.
(3)
Funds appropriated by the Legislature under Subsection
(2)
:
(a)
are nonlapsing;
(b)
may only be used for the purposes described in Subsection
(2)
; and
(c)
may not be used for:
(i)
the costs of administering the payment described in this section; or
(ii)
payment of county correctional facility contract costs for state inmates under
Section
64-13e-103
.
(4)
The costs described in Subsection
(3)(c)(i)
shall be funded by legislative appropriation.
(5)
The
commission
Department of Criminal Justice
may
adopt
make
, according to Title
63G, Chapter 3, Utah Administrative Rulemaking Act, rules to administer this section,
including establishing requirements and procedures for collecting data from counties for
the purpose of completing the calculations described in this section.
(6)
Each county that receives the payment described in Subsection
(2)
shall submit a report
to the
commission
Department of Criminal Justice
in accordance with the requirements
established by the
commission
Department of Criminal Justice
.
(7)
(a)
On or before September 30 of each year, the
commission
Department of
Criminal Justice
shall:
(i)
compile the information from the reports described in Subsection
(6)
that relate to
the preceding state fiscal year and provide a copy of the compilation to each
county that submitted a report; and
(ii)
calculate:
(A)
the eligible bed days for each county; and
(B)
the amount owed to each county based on the county's eligible bed days in
accordance with Subsection
(2)
.
(b)
On or before October 15 of each year, the
commission
Department of Criminal
Justice
shall inform the division and each county of
the exact amount of the payment
described in this section that shall be made to each county.
(8)
(a)
On or before December 15 of each year, the division shall distribute the payment
described in Subsection
(7)(b)
in a single payment to each county.
(b)
Funds from the Jail Reimbursement Reserve Program may be used only once
existing annual appropriated funds for the fiscal year have been exhausted.
Section 71. Section
64-14-203
is amended to read:
64-14-203
Effective
07/01/26
. Duties of division.
(1)
The division shall:
(a)
assist the department in fulfilling the department's duty to supervise, as described in
Subsection
64-13-6(1)(i)
, probationers and parolees as directed by statute and
implemented by the courts and the Board of Pardons and Parole;
(b)
comply with the requirements described in this part;
(c)
supply the information described in Section
53-10-209
that is required to be
submitted to the Criminal Investigations and Technical Services Division created in
Subsection
53-10-103(2)
53-10-103(1)
;
(d)
comply with the use of funds requirement for outpatient treatment services for those
convicted of an offense under Title 76, Chapter 5, Part 4, Sexual Offenses, as
described in Subsection
59-27-105(4)(c)
;
(e)
monitor the status of an offender with a mental condition who has been placed on
parole as described in Subsection
77-16a-205(4)
;
(f)
comply with the requirements described in Title 77, Chapter 18, The Judgment;
(g)
in accordance with the adult sentencing and supervision length guidelines described
in Section
63M-7-404.3
75E-4-203
, notify the Board of Pardons and Parole of
parole violations;
(h)
for an individual who is on probation for a domestic violence offense that the
division is supervising, report to the court and notify the victim of the domestic
violence offense if the individual fails to comply with any condition imposed by the
court or commits a violation of a sentencing protective order as required by
Subsection
77-36-5.1(4)
;
(i)
comply with the notice requirement to a prosecuting agency described in Subsection
77-38-3(6)
if the division is the moving party on a motion for modification of any
determination made at any of the criminal justice hearings provided in Subsections
77-38-2(5)(a)
through (g);
(j)
collect restitution information in preparing a presentence investigation report as
described in Section
77-38b-203
;
(k)
for an individual under supervision by the division who violates a sentencing
protective order issued under Title 78B, Chapter 7, Part 8, Criminal Protective
Orders, report the violation to the court and notify the victim protected by the order
of the violation as required by Section
78B-7-807
; and
(l)
comply with any other requirement established by applicable statute or regulation or
a directive from the executive director.
(2)
The division may, in the course of supervising individuals on probation and parole:
(a)
respond to an individual's violation of one or more terms of the probation or parole in
accordance with the graduated and evidence-based processes established by the adult
sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
75E-4-101
; and
(b)
upon approval by the court or the Board of Pardons and Parole, impose as a sanction
for an individual's violation of the terms of probation or parole a period of
incarceration of not more than three consecutive days and not more than a total of six
days within a period of 30 days.
Section 72. Section
64-14-204
is amended to read:
64-14-204
Effective
07/01/26
. 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
75E-4-101
,
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
75E-4-101
, 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
75E-4-101
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
Department of Criminal 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
Department of Criminal 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
75E-4-101
, to provide incentives for an offender that
maintains eligible employment, as defined in Section
64-13g-101
64-14-301
.
(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
64-14-301
.
(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
75E-4-101
, 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
75E-4-101
.
(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
before
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
Department of Criminal 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 73. Section
64-14-302
is amended to read:
64-14-302
Effective
07/01/26
. 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)
75E-2-203(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)
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:
(a)
15% of the payment may be used by the department for expenses related to
administering the program; and
(b)
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, including by:
(i)
implementing and expanding evidence-based practices for risk and needs
assessments for individuals;
(ii)
implementing and expanding intermediate sanctions, including mandatory
community service, home detention, day reporting, restorative justice programs,
and furlough programs;
(iii)
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)
hiring additional officers, contractors, or other personnel to implement
evidence-based practices for rehabilitative and vocational programing;
(v)
purchasing and adopting new technologies or equipment that are relevant to, and
enhance, supervision, rehabilitation, or vocational training; or
(vi)
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 74. Section
67-4a-801
is amended to read:
67-4a-801
Effective
07/01/26
. Unclaimed Property Fund -- Deposit of funds by
administrator.
(1)
(a)
There is created a custodial fund entitled the "Unclaimed Property Fund."
(b)
Except as otherwise provided in this section, the administrator shall deposit all funds
received under this chapter, including proceeds from the sale of property under
Part
7, Sale of Property by Administrator
, in the fund.
(c)
The fund shall earn interest.
(2)
The administrator shall:
(a)
pay any legitimate claims or deductions authorized by this chapter from the fund;
(b)
before the end of the fiscal year, estimate the amount of money from the fund that
will ultimately be needed to be paid to claimants; and
(c)
at the end of the fiscal year, transfer any amount in excess of that amount to the
Uniform School Fund, except that unclaimed restitution for crime victims shall be
transferred to the Crime Victim
Reparations
Compensation
Fund.
(3)
Before making any transfer to the Uniform School Fund, the administrator may deduct
from the fund:
(a)
amounts appropriated by the Legislature for administration of this chapter;
(b)
any costs incurred in connection with the sale of abandoned property;
(c)
costs of mailing and publication in connection with any abandoned property;
(d)
reasonable service charges; and
(e)
costs incurred in examining records of holders of property and in collecting the
property from those holders.
Section 75. Section
67-4a-803
is amended to read:
67-4a-803
Effective
07/01/26
. Expenses and service charges of administrator.
Before making a deposit of funds received under this chapter to the Uniform School
Fund or the Crime Victim
Reparations
Compensation
Fund, the administrator may deduct:
(1)
expenses of disposition of property delivered to the administrator under this chapter;
(2)
costs of mailing and publication in connection with property delivered to the
administrator under this chapter;
(3)
reasonable service charges; and
(4)
expenses incurred in examining records of or collecting property from a putative holder
or holder.
Section 76. Section
67-22-2
is amended to read:
67-22-2
Effective
07/01/26
. Compensation -- Other state officers.
(1)
As used in this section:
(a)
"Appointed executive" means the:
(i)
commissioner of the Department of Agriculture and Food;
(ii)
commissioner of the Insurance Department;
(iii)
commissioner of the Labor Commission;
(iv)
director, Department of Alcoholic Beverage Services;
(v)
commissioner of the Department of Financial Institutions;
(vi)
executive director, Department of Commerce;
(vii)
executive director, Commission on Criminal and Juvenile Justice;
(viii)
adjutant general;
(ix)
executive director, Department of Cultural and Community Engagement;
(x)
executive director, Department of Corrections;
(xi)
commissioner, Department of Public Safety;
(xii)
executive director, Department of Natural Resources;
(xiii)
executive director, Governor's Office of Planning and Budget;
(xiv)
executive director, Department of Government Operations;
(xv)
executive director, Department of Environmental Quality;
(xvi)
executive director, Governor's Office of Economic Opportunity;
(xvii)
executive director, Department of Workforce Services;
(xviii)
executive director, Department of Health and Human Services, Nonphysician;
(xix)
executive director, Department of Transportation;
(xx)
executive director, Department of Veterans and Military Affairs;
(xxi)
advisor, Public Lands Policy Coordinating Office, created in Section
63L-11-201
;
(xxii)
Great Salt Lake commissioner, appointed under Section
73-32-201
; and
(xxiii)
Utah water agent, appointed under Section
73-10g-702
.
(b)
"Board or commission executive" means:
(i)
members, Board of Pardons and Parole;
(ii)
chair, State Tax Commission;
(iii)
commissioners, State Tax Commission;
(iv)
executive director, State Tax Commission;
(v)
chair, Public Service Commission; and
(vi)
commissioners, Public Service Commission.
(c)
"Deputy" means the person who acts as the appointed executive's second in
command as determined by the Division of Human Resource Management.
(2)
(a)
The director of the Division of Human Resource Management shall:
(i)
before October 31 of each year, recommend to the governor a compensation plan
for the appointed executives and the board or commission executives; and
(ii)
base those recommendations on market salary studies conducted by the Division
of Human Resource Management.
(b)
(i)
The Division of Human Resource Management shall determine the salary range
for the appointed executives by:
(A)
identifying the salary range assigned to the appointed executive's deputy;
(B)
designating the lowest minimum salary from those deputies' salary ranges as
the minimum salary for the appointed executives' salary range; and
(C)
designating 105% of the highest maximum salary range from those deputies'
salary ranges as the maximum salary for the appointed executives' salary range.
(ii)
If the deputy is a medical doctor, the Division of Human Resource Management
may not consider that deputy's salary range in designating the salary range for
appointed executives.
(c)
(i)
Except as provided in Subsection
(2)(c)(ii)
, in establishing the salary ranges for
board or commission executives, the Division of Human Resource Management
shall set the maximum salary in the salary range for each of those positions at
90% of the salary for district judges as established in the annual appropriation act
under Section
67-8-2
.
(ii)
In establishing the salary ranges for an individual described in Subsection
(1)(b)(ii)
,
(1)(b)(iii)
, or
(1)(b)(iv)
, the Division of Human Resource Management
shall set the maximum salary in the salary range for each of those positions at
100% of the salary for district judges as established in the annual appropriation act
under Section
67-8-2
.
(3)
(a)
(i)
Except as provided in Subsection
(3)(a)(ii)
or Subsection
(3)(d)
, the
governor shall establish a specific salary for each appointed executive within the
range established under Subsection
(2)(b)
.
(ii)
If the executive director of the Department of Health and Human Services is a
physician, the governor shall establish a salary within the highest physician salary
range established by the Division of Human Resource Management.
(iii)
The governor may provide salary increases for appointed executives within the
range established by Subsection
(2)(b)
and identified in Subsection
(3)(a)(ii)
.
(b)
The governor shall apply the same overtime regulations applicable to other FLSA
exempt positions.
(c)
The governor may develop standards and criteria for reviewing the appointed
executives.
(d)
If under Section
73-10g-702
the governor appoints an individual who is serving in an
appointed executive branch position to be the Utah water agent, the governor shall
adjust the salary of the Utah water agent to account for salary received for the
appointed executive branch position.
(4)
Salaries for other Schedule A employees, as defined in Section
63A-17-301
, that are not
provided for in this chapter, or in Title
67, Chapter 8
, Utah Elected Official and Judicial
Salary Act, shall be established
as provided in
in accordance with
Section
63A-17-301
.
(5)
(a)
The Legislature fixes benefits for the appointed executives and the board or
commission executives as follows:
(i)
the option of participating in a state retirement system established by Title
49,
Utah State Retirement and Insurance Benefit Act
, or in a deferred compensation
plan administered by the State Retirement Office in accordance with the Internal
Revenue Code and
its
the Internal Revenue Code's
accompanying rules and
regulations;
(ii)
health insurance;
(iii)
dental insurance;
(iv)
basic life insurance;
(v)
unemployment compensation;
(vi)
workers' compensation;
(vii)
required employer contribution to Social Security;
(viii)
long-term disability income insurance;
(ix)
the same additional state-paid life insurance available to other noncareer service
employees;
(x)
the same severance pay available to other noncareer service employees;
(xi)
the same leave, holidays, and allowances granted to Schedule B state employees
as follows:
(A)
sick leave;
(B)
converted sick leave if accrued
prior to
before
January 1, 2014;
(C)
educational allowances;
(D)
holidays; and
(E)
annual leave except that annual leave shall be accrued at the maximum rate
provided to Schedule B state employees;
(xii)
the option to convert accumulated sick leave to cash or insurance benefits as
provided by law or rule upon resignation or retirement according to the same
criteria and procedures applied to Schedule B state employees;
(xiii)
the option to purchase additional life insurance at group insurance rates
according to the same criteria and procedures applied to Schedule B state
employees; and
(xiv)
professional memberships if being a member of the professional organization is
a requirement of the position.
(b)
Each department shall pay the cost of additional state-paid life insurance for
its
the
department's
executive director from
its
the department's
existing budget.
(6)
The Legislature fixes the following additional benefits:
(a)
for the executive director of the Department of Transportation a vehicle for official
and personal use;
(b)
for the executive director of the Department of Natural Resources a vehicle for
commute and official use;
(c)
for the commissioner of Public Safety:
(i)
an accidental death insurance policy if POST certified; and
(ii)
a public safety vehicle for official and personal use;
(d)
for the executive director of the Department of Corrections:
(i)
an accidental death insurance policy if POST certified; and
(ii)
a public safety vehicle for official and personal use;
(e)
for the adjutant general a vehicle for official and personal use;
(f)
for each member of the Board of Pardons and Parole a vehicle for commute and
official use; and
(g)
for the executive director of the Department of Veterans and Military Affairs a
vehicle for commute and official use.
Section 77. Section
67-28-101
is amended to read:
67-28-101
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
"Commission" means the State Commission on Criminal and Juvenile Justice created
in Section
63M-7-201
.
(2)
(1)
"Criminal offense" means an act or omission that may result in a felony,
misdemeanor, or infraction.
(2)
"Department" means the Department of Criminal Justice created in Section
75E-2-102
.
(3)
(a)
"State agency" means a department, division, board, council, committee,
institution, office, bureau, or other similar administrative unit of the executive branch
of state government.
(b)
"State agency" does not include the attorney general.
Section 78. Section
67-28-102
is amended to read:
67-28-102
Effective
07/01/26
. State agency review and recommendation
regarding criminal offenses.
(1)
Except as provided in Subsection
(4)
, on or before July 1, 2026, and on or before July 1
every three years after 2026, every state agency shall complete a review of the criminal
offenses contained in the statutes:
(a)
for which the state agency is responsible to prosecute or refer for prosecution; or
(b)
contained in the state agency's designated area of code.
(2)
(a)
A state agency review required under this section shall require the state agency to
evaluate each criminal offense described in Subsection
(1)
and recommend whether
the criminal offense:
(i)
would benefit from legislative amendment, clarification, or repeal; and
(ii)
should have the penalty level increased, reduced, or remain the same.
(b)
The review under Subsection
(2)(a)
shall include the state agency's specific
recommendations and reasoning for any recommended statutory changes.
(c)
Each state agency shall submit the results of the review required under this section to
the
commission
department
:
(i)
within 30 days after the day on which the review is completed; and
(ii)
in the standardized format developed by the
commission
department
under
Subsection
(3)
.
(3)
The
commission
department
shall:
(a)
develop a standardized format for reporting the information described in Subsection
(2)
;
(b)
compile the information that was submitted under Subsection
(2)
; and
(c)
annually, on or before October 1, submit a report to the Law Enforcement and
Criminal Justice Interim Committee that contains:
(i)
the compiled information received for the current year, if any; and
(ii)
the names of any agencies that failed to submit a review that was required under
this section.
(4)
This section does not apply to the Division of Professional Licensing with regard to
offenses in Title 58, Chapters 37 through 37e.
Section 79. Section
75-2-803
is amended to read:
75-2-803
Effective
07/01/26
. Definitions -- Effect of homicide on intestate
succession, wills, trusts, joint assets, life insurance, and beneficiary designations --
Petition -- Forfeiture -- Revocation.
(1)
As used in this section:
(a)
"Conviction" means the same as that term is defined in Section
77-38b-102
.
(b)
"Decedent" means a deceased individual.
(c)
"Disposition or appointment of property" includes a transfer of an item of property or
any other benefit to a beneficiary designated in a governing instrument.
(d)
(i)
Except as provided in Subsection
(1)(d)(ii)
, "disqualifying homicide" means
any felony homicide offense described in Title 76, Chapter 5, Offenses Against
the Individual, for which the elements are established by a preponderance of the
evidence and by applying the same principles of culpability and defenses
described in
Title 76, Utah Criminal Code
Title 76, Criminal Offenses
.
(ii)
"Disqualifying homicide" does not include an offense for:
(A)
automobile homicide, as described in Section
76-5-207
; and
(B)
automobile homicide involving using a handheld wireless communication
device while driving, as described in Section
76-5-207.5
.
(e)
"Governing instrument" means a governing instrument executed by the decedent.
(f)
"Killer" means an individual who commits a disqualifying homicide.
(g)
"Revocable" means a disposition, appointment, provision, or nomination under
which the decedent, at the time of or immediately before death, was alone
empowered, by law or under the governing instrument, to cancel the designation in
favor of the killer regardless of whether at the time or immediately before death:
(i)
the decedent was empowered to designate the decedent in place of the decedent's
killer; or
(ii)
the decedent had the capacity to exercise the power.
(2)
(a)
An individual who commits a disqualifying homicide of the decedent forfeits all
benefits under this chapter with respect to the decedent's estate, including an intestate
share, an elective share, an omitted spouse's or child's share, a homestead allowance,
exempt property, and a family allowance.
(b)
If the decedent died intestate, the decedent's intestate estate passes as if the killer
disclaimed the killer's intestate share.
(3)
The killing of the decedent by means of a disqualifying homicide:
(a)
revokes any revocable:
(i)
disposition or appointment of property made by the decedent to the killer in a
governing instrument;
(ii)
provision in a governing instrument conferring a general or nongeneral power of
appointment on the killer; and
(iii)
nomination of the killer in a governing instrument, nominating or appointing the
killer to serve in any fiduciary or representative capacity, including a personal
representative, executor, trustee, or agent; and
(b)
severs the interests of the decedent and killer in property held by them at the time of
the killing as joint tenants with the right of survivorship, transforming the interests of
the decedent and killer into tenancies in common.
(4)
A severance under Subsection
(3)(b)
does not affect any third-party interest in property
acquired for value and in good faith reliance on an apparent title by survivorship in the
killer unless a writing declaring the severance has been noted, registered, filed, or
recorded in records appropriate to the kind and location of the property which are relied
upon, in the ordinary course of transactions involving such property, as evidence of
ownership.
(5)
Provisions of a governing instrument are given effect as if the killer disclaimed all
provisions revoked by this section or, in the case of a revoked nomination in a fiduciary
or representative capacity, as if the killer predeceased the decedent.
(6)
A wrongful acquisition of property or interest by one who kills another under
circumstances not covered by this section shall be treated in accordance with the
principle that a killer cannot profit from the killer's wrong.
(7)
(a)
An interested person may petition the court to determine whether an individual
has committed a disqualifying homicide of the decedent.
(b)
An individual has committed a disqualifying homicide of the decedent for purposes
of this section if:
(i)
unless the court finds that disinheritance would create a manifest injustice, the
court finds that, by a preponderance of the evidence, the individual has committed
a disqualifying homicide of the decedent; or
(ii)
the court finds that a judgment of conviction has been entered against the
individual for a disqualifying homicide of the decedent and all direct appeals for
the judgment have been exhausted.
(8)
(a)
Before a court determines whether an individual committed a disqualifying
homicide of the decedent under Subsection
(7)
, the decedent's estate may petition the
court to:
(i)
enter a temporary restraining order, an injunction, or a temporary restraining order
and an injunction, to preserve the property or assets of the killer or the killer's
estate;
(ii)
require the execution of a trustee's bond under Section
75B-2-702
for the killer's
estate;
(iii)
establish a constructive trust on any property or assets of the killer or the killer's
estate that is effective from the time the killer's act caused the death of the
decedent; or
(iv)
take any other action necessary to preserve the property or assets of the killer or
the killer's estate:
(A)
until a court makes a determination under Subsection
(7)
; or
(B)
for the payment of all damages and judgments for conduct resulting in the
disqualifying homicide of the decedent.
(b)
Upon a petition for a temporary restraining order or an injunction under Subsection
(8)(a)(i)
, a court may enter a temporary restraining order against an owner's property
in accordance with Rule 65A of the Utah Rules of Civil Procedure, without notice or
opportunity of a hearing, if the court determines that:
(i)
there is a substantial likelihood that the property is, or will be, necessary to satisfy
a judgment or damages owed by the killer for conduct resulting in the
disqualifying homicide of the decedent; and
(ii)
notice of the hearing would likely result in the property being:
(A)
sold, distributed, destroyed, or removed; and
(B)
unavailable to satisfy a judgment or damages owed by the killer for conduct
resulting in the disqualifying homicide of the decedent.
(9)
(a)
(i)
A payor or other third party is not liable for having made a payment or
transferred an item of property or any other benefit to a beneficiary designated in a
governing instrument affected by a disqualifying homicide, or for having taken
any other action in good faith reliance on the validity of the governing instrument,
upon request and satisfactory proof of the decedent's death, before the payor or
other third party received written notice of a claimed forfeiture or revocation
under this section.
(ii)
A payor or other third party is liable for a payment made or other action taken
after the payor or other third party received written notice of a claimed forfeiture
or revocation under this section.
(b)
(i)
Written notice of a claimed forfeiture or revocation under Subsection
(9)(a)
shall be mailed to the payor's or other third party's main office or home by
registered or certified mail, return receipt requested, or served upon the payor or
other third party in the same manner as a summons in a civil action.
(ii)
Upon receipt of written notice of a claimed forfeiture or revocation under this
section, a payor or other third party may pay any amount owed or transfer or
deposit any item of property held by the payor or third party to or with:
(A)
the court having jurisdiction of the probate proceedings relating to the
decedent's estate; or
(B)
if no proceedings have been commenced, the court having jurisdiction of
probate proceedings relating to the decedent's estates located in the county of
the decedent's residence.
(iii)
The court shall hold the funds or item of property and, upon the court's
determination under this section, shall order disbursement in accordance with the
determination.
(iv)
Payments, transfers, or deposits made to or with the court discharge the payor or
other third party from all claims for the value of amounts paid to or items of
property transferred to or deposited with the court.
(10)
(a)
A person who purchases property for value and without notice, or who receives a
payment or other item of property in partial or full satisfaction of a legally
enforceable obligation, is:
(i)
not obligated under this section to return the payment, item of property, or benefit;
and
(ii)
not liable under this section for the amount of the payment or the value of the
item of property or benefit.
(b)
Notwithstanding Subsection
(10)(a)
, a person who, not for value, receives a payment,
item of property, or any other benefit to which the person is not entitled under this
section is:
(i)
obligated to return the payment, item of property, or benefit to the person who is
entitled to the payment, property, or benefit under this section; and
(ii)
personally liable for the amount of the payment or the value of the item of
property or benefit to the person who is entitled to the payment, property, or
benefit under this section.
(c)
If this section or any part of this section is preempted by federal law with respect to a
payment, an item of property, or any other benefit covered by this section, a person
who, not for value, receives the payment, item of property, or any other benefit to
which the person is not entitled under this section is:
(i)
obligated to return the payment, item of property, or benefit to the person who
would have been entitled to the payment, property, or benefit if this section or part
were not preempted; and
(ii)
personally liable for the amount of the payment or the value of the item of
property or benefit, to the person who would have been entitled to the payment,
property, or benefit if this section or part were not preempted.
Section 80. Section
75E-1-101
is enacted to read:
75E. CRIMINAL AND JUVENILE JUSTICE ADMINISTRATION
1. General Provisions
1. General Provisions
75E-1-101
Effective
07/01/26
. Definitions for title.
As used in this title:
(1)
"Commissioner" means the commissioner of criminal justice appointed under Section
75E-2-103
.
(2)
"Department" means the Department of Criminal Justice created in Section
75E-2-102
.
Section 81. Section
75E-2-101
is enacted to read:
2. Department of Criminal Justice
1. General Provisions
75E-2-101
Effective
07/01/26
. Definitions for chapter.
As used in this chapter:
(1)
"Criminal justice agency" means an agency or institution directly involved in the
apprehension, prosecution, and incarceration of an individual involved in criminal
activity, including law enforcement, a correctional facility, a jail, a court, probation, or
parole.
(2)
"Public safety portal" means the data portal created in Section
75E-2-210
.
Section 82. Section
75E-2-102
is enacted to read:
75E-2-102
Effective
07/01/26
. Creation of department.
(1)
There is created within state government the Department of Criminal Justice.
(2)
The department has all of the policymaking functions, regulatory and enforcement
powers, rights, duties, and responsibilities described in this title.
Section 83. Section
75E-2-103
is enacted to read:
75E-2-103
Effective
07/01/26
. Commissioner of Criminal Justice --
Appointment -- Qualifications -- Salary -- Responsibility -- Powers and duties.
(1)
The chief executive officer of the department is the commissioner of criminal justice.
(2)
(a)
The commissioner is appointed by the governor with the advice and consent of the
Senate.
(b)
The commissioner serves at the pleasure of the governor.
(3)
The commissioner shall:
(a)
be an individual of recognized executive and administrative capacity;
(b)
be selected solely with regard to qualifications and fitness to discharge the duties of
the commissioner's office; and
(c)
maintain the highest standards of integrity and character.
(4)
The commissioner shall devote full time to the duties of the office.
(5)
The governor shall establish the commissioner's salary within the salary range fixed by
the Legislature in Title 67, Chapter 22, State Officer Compensation.
(6)
In addition to the responsibilities described in this title, the commissioner shall:
(a)
administer and enforce this title;
(b)
appoint deputies, clerical workers, and other employees as required to properly
discharge the duties of the department;
(c)
act as the governor's advisor on national, state, regional, metropolitan, and local
government planning as it relates to criminal justice; and
(d)
make rules to carry out the department's duties and functions.
Section 84. Section
75E-2-201
is enacted to read:
2. Department Responsibilities
75E-2-201
Effective
07/01/26
. Definitions for part.
As used in this part:
(1)
"Commission" means the Commission on Criminal and Juvenile Justice created in
Section
75E-3-102
.
(2)
"Desistance" means an individual's abstinence from further criminal activity after a
previous criminal conviction.
(3)
"Intervention" means a program, sanction, supervision, or event that may impact
recidivism.
(4)
"Recidivism" means a return to criminal activity after a previous criminal conviction.
(5)
"Recidivism standard metric" means the number of individuals who are returned to
prison for a new conviction within three years after the day on which the individuals
were released from prison.
Section 85. Section
75E-2-202
is enacted to read:
75E-2-202
Effective
07/01/26
. Department responsibilities.
The department shall:
(1)
promote the communication and coordination of all criminal and juvenile justice
agencies;
(2)
study, evaluate, and report on:
(a)
the status of crime in the state;
(b)
the effectiveness of criminal justice policies, procedures, and programs that are
directed toward the reduction of crime in the state;
(c)
programs initiated by state and local agencies to address reducing recidivism,
including:
(i)
changes in penalties and sentencing guidelines intended to reduce recidivism;
(ii)
cost savings associated with the reduction in the number of inmates; and
(iii)
evaluation of expenses and resources needed to meet goals regarding the use of
treatment as an alternative to incarceration, as resources allow; and
(d)
policies, procedures, and programs of other jurisdictions that have effectively
reduced crime;
(3)
identify and promote the implementation of specific policies and programs the
department determines will significantly reduce crime in the state;
(4)
provide analysis, accountability, and supervision for state and federal criminal justice
grant money;
(5)
make recommendations to the commission regarding state and federal criminal justice
grant money;
(6)
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;
(7)
promote research and program evaluation as an integral part of the criminal and juvenile
justice system;
(8)
annually provide the commission with a comprehensive criminal justice plan for review;
(9)
review and make recommendations to the commission on agency forecasts regarding
future demands on the criminal and juvenile justice system, including specific
projections for secure bed space
;
(10)
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:
(a)
developing and maintaining common data standards for use by all state criminal
justice agencies;
(b)
annually performing audits of criminal history record information maintained by
state criminal justice agencies to assess accuracy, completeness, and adherence to
standards;
(c)
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
(d)
establishing general policies concerning criminal and juvenile justice information
systems and making rules as necessary to carry out the duties under Subsection
(8)
and this Subsection
(10)
;
(11)
allocate and administer grants:
(a)
for approved education programs to help prevent the sexual exploitation of children;
(b)
for law enforcement operations and programs related to reducing illegal drug activity
and related criminal activity; and
(c)
for pilot qualifying education programs;
(12)
request, receive, and evaluate:
(a)
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
; and
(b)
the aggregate data collected from prosecutorial agencies and the Administrative
Office of the Courts, in accordance with Sections
75E-2-205
,
75E-2-206
, and
78A-2-109.5
;
(13)
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;
(14)
oversee or designate an entity to oversee the implementation of juvenile justice
reforms;
(15)
make rules and administer the juvenile holding room standards and juvenile jail
standards to align with the Juvenile Justice and Delinquency Prevention Act
requirements in accordance with 42 U.S.C. Sec. 5633;
(16)
provide staff to the Victim Services Commission and to any subcommittee of the
Victim Services Commission;
(17)
contract with a third party to assist the Victim Services Commission with reviewing
and providing recommendations on:
(a)
the best practices and policies for crime victim services;
(b)
the structure and membership of the commission;
(c)
the purpose and duties of the commission, including any overlapping duties that the
commission has with another state office, board, or commission;
(d)
the funding for crime victim services in this state, including the need for funding, the
management of state funds for crime victim services, and the implementation of
accountability and performance measures; and
(e)
any other issue related to the duties of the commission with which the third party
may provide assistance;
(18)
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:
(a)
ensuring oversight and accountability;
(b)
supporting local corrections systems;
(c)
improving and expanding reentry and treatment services; and
(d)
strengthening probation and parole supervision;
(19)
compile a report of findings based on the data and recommendations provided under
Section
13-53-111
that separates the data provided under Section
13-53-111
by each
residential vocational or life skills program;
(20)
publish the report described in Subsection
(19)
on the department'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;
(21)
publish on the department's website:
(a)
the reports on genetic genealogy database utilization described in Section
53-25-401
;
and
(b)
the data and reports described in Subsection
75E-2-210(5)
; and
(22)
assist the governor with responsibilities related to extradition as directed by the
governor under Section
77-30-2.5
.
Section 86. Section
75E-2-203
, which is renumbered from Section 63M-7-102 is renumbered
and amended to read:
63M-7-102
75E-2-203
Effective
07/01/26
. Recidivism metrics -- Reporting.
(1)
(a)
The
commission
department
, 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
department
:
(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 87. Section
75E-2-204
, which is renumbered from Section 63M-7-205 is renumbered
and amended to read:
63M-7-205
75E-2-204
Effective
07/01/26
. Annual report by the department.
(1)
The
commission
department
shall annually prepare and publish a report directed to the
governor, the Legislature,
the commission,
and the Judicial Council.
(2)
The report shall describe how
:
(a)
the commission fulfilled
its
the commission's
statutory purposes and duties during
the year
.
; and
(b)
the department fulfilled the department's statutory purposes and duties during the
year.
Section 88. Section
75E-2-205
, which is renumbered from Section 63M-7-216 is renumbered
and amended to read:
63M-7-216
75E-2-205
Effective
07/01/26
. Prosecutorial data collection --
Policy transparency.
(1)
As used in this section:
(a)
"Commission" means the Commission on Criminal and Juvenile Justice created in
Section
63M-7-201
.
(b)
(a)
(i)
"Criminal case" means a case
where
in which
an offender is charged with
an offense
for which
that requires
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)
(b)
"Offense tracking number" means a distinct number applied to each criminal
offense by the Bureau of Criminal Identification.
(d)
(c)
"Pre-filing diversion" means an agreement between a
prosecutor
prosecuting
attorney
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)
(d)
"Post-filing diversion" is as described in Section
77-2-5
.
(f)
(e)
"Prosecutorial agency" means
:
(i)
the Office of the Attorney General
and
; or
(ii)
any
a
city, county, or district attorney acting as a public
prosecutor
prosecuting
attorney
.
(g)
(f)
"Publish" means to make aggregated data available to the general public.
(2)
Beginning July 1, 2021, all
Each
prosecutorial
agencies
agency
within the state shall
submit
to the department
the following data with regards to each criminal case referred
to
it
the prosecutorial agency
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
post-filing diversion
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
A prosecutorial agency shall submit 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
department
.
(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
department
for 10 years.
(5)
(a)
The
commission
department
shall include in the plan required by Subsection
63M-7-204
(1)(k)
75E-2-202(8)
an analysis of the data received, comparing and
contrasting the practices and trends among and between prosecutorial agencies in the
state.
(b)
The Law Enforcement and Criminal Justice Interim Committee may request an
in-depth analysis of the data received annually.
(c)
Any
A
request
described in Subsection
(5)(b)
shall be in writing and specify which
data points the report shall focus on.
(6)
The
commission
department
may provide assistance to prosecutorial agencies in
setting up a method of collecting and reporting data required by this section.
(7)
(a)
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:
Each prosecutorial agency shall publish online specific office
policies on the following topics:
(a)
(i)
screening and filing criminal charges;
(b)
(ii)
plea bargains;
(c)
(iii)
sentencing recommendations;
(d)
(iv)
discovery practices;
(e)
(v)
prosecution of juveniles, including whether to prosecute a juvenile as an
adult;
(f)
(vi)
collection of fines and fees;
(g)
(vii)
criminal and civil asset forfeiture practices;
(h)
(viii)
services available to victims of crime, both internal to the prosecutorial
office and by referral to outside agencies;
(i)
(ix)
diversion programs; and
(j)
(x)
restorative justice programs.
(b)
A prosecutorial agency shall affirmatively disclose if the agency does not maintain a
policy on a topic described in Subsection
(7)(a)
.
Section 89. Section
75E-2-206
, which is renumbered from Section 63M-7-216.1 is renumbered
and amended to read:
63M-7-216.1
75E-2-206
Effective
07/01/26
. Prosecutorial data collection
regarding certain prosecutions, dismissals, and declinations to prosecute.
(1)
Beginning January 1, 2026, all
Each
prosecutorial
agencies
agency
within the state
shall collect and submit the following data to the
commission
department
:
(a)
the number of prosecutions during the previous calendar year in which charges were
brought against an individual based on the individual's false accusation that a felony
or misdemeanor had occurred;
(b)
the disposition of each prosecution described in Subsection
(1)(a)
; and
(c)
the number of cases during the previous calendar year for which an alleged violation
of any felony or misdemeanor was dismissed or declined:
(i)
based on evidence that no crime was committed or attempted;
(ii)
based on insufficient evidence to establish a likelihood of success at trial; or
(iii)
because the victim was unable to participate.
(2)
The information required by Subsection
(1)
shall be submitted to the
commission
department
in the form and manner selected by the
commission
department
.
Section 90. Section
75E-2-207
, which is renumbered from Section 63M-7-208 is renumbered
and amended to read:
63M-7-208
75E-2-207
Effective
07/01/26
. Juvenile justice oversight --
Delegation -- Effective dates.
(1)
The
State Commission on Criminal and Juvenile Justice
department
shall:
(a)
support implementation and expansion of evidence-based juvenile justice programs
and practices, including assistance regarding implementation fidelity, quality
assurance, and ongoing evaluation;
(b)
examine and make recommendations on the use of third-party entities or an
intermediary organization to assist with implementation and to support the
performance-based contracting system authorized in Subsection
(1)(m)
;
(c)
oversee the development of performance measures to track juvenile justice reforms,
and ensure early and ongoing stakeholder engagement in identifying the relevant
performance measures;
(d)
evaluate currently collected data elements throughout the juvenile justice system and
contract reporting requirements to streamline reporting, reduce redundancies,
eliminate inefficiencies, and ensure a focus on recidivism reduction;
(e)
review averted costs from reductions in out-of-home placements for juvenile justice
youth placed with the Division of Juvenile Justice and Youth Services and the
Division of Child and Family Services, and make recommendations to prioritize the
reinvestment and realignment of resources into community-based programs for youth
living at home, including the following:
(i)
statewide expansion of:
(A)
juvenile receiving centers, as defined in Section
80-1-102
;
(B)
mobile crisis outreach teams, as defined in Section
26B-5-101
;
(C)
youth courts; and
(D)
victim-offender mediation;
(ii)
statewide implementation of nonresidential diagnostic assessment;
(iii)
statewide availability of evidence-based programs and practices including
cognitive behavioral and family therapy programs for minors assessed by a
validated risk and needs assessment as moderate or high risk;
(iv)
implementation and infrastructure to support the sustainability and fidelity of
evidence-based juvenile justice programs, including resources for staffing,
transportation, and flexible funds; and
(v)
early intervention programs such as family strengthening programs, family
wraparound services, and proven truancy interventions;
(f)
assist the Administrative Office of the Courts in the development of a statewide
sliding scale for the assessment of fines, fees, and restitution, based on the ability of
the minor's family to pay;
(g)
analyze the alignment of resources and the roles and responsibilities of agencies,
such as the operation of early intervention services, receiving centers, and diversion,
and make recommendations to reallocate functions as appropriate, in accordance with
Section
80-5-401
;
(h)
comply with the data collection and reporting requirements under Section
80-6-104
;
(i)
develop a reasonable timeline within which all programming delivered to minors in
the juvenile justice system must be evidence-based or consist of practices that are
rated as effective for reducing recidivism by a standardized program evaluation tool;
(j)
provide guidelines to be considered by the Administrative Office of the Courts and
the Division of Juvenile Justice and Youth Services in developing tools considered
by the Administrative Office of the Courts and the Division of Juvenile Justice and
Youth Services in developing or selecting tools to be used for the evaluation of
juvenile justice programs;
(k)
develop a timeline to support improvements to juvenile justice programs to achieve
reductions in recidivism and review reports from relevant state agencies on progress
toward reaching that timeline;
(l)
subject to Subsection
(2)
, assist in the development of training for juvenile justice
stakeholders, including educators, law enforcement officers, probation staff, judges,
Division of Juvenile Justice and Youth Services staff, Division of Child and Family
Services staff, and program providers;
(m)
subject to Subsection
(3)
, assist in the development of a performance-based
contracting system, which shall be developed by the Administrative Office of the
Courts and the Division of Juvenile Justice and Youth Services for contracted
services in the community and contracted out-of-home placement providers;
(n)
assist in the development of a validated detention risk assessment tool that is
developed or adopted and validated by the Administrative Office of the Courts and
the Division of Juvenile Justice and Youth Services
as provided in
in accordance
with
Section
80-5-203
; and
(o)
annually issue and make public a report to the governor, president of the Senate,
speaker of the House of Representatives, and chief justice of the Utah Supreme Court
on the progress of the reforms and any additional areas in need of review.
(2)
Training described in Subsection
(1)(l)
should include instruction on evidence-based
programs and principles of juvenile justice, such as risk, needs, responsivity, and
fidelity, and shall be supplemented by the following topics:
(a)
adolescent development;
(b)
identifying and using local behavioral health resources;
(c)
cross-cultural awareness;
(d)
graduated responses;
(e)
Utah juvenile justice system data and outcomes; and
(f)
gangs.
(3)
The system described in Subsection
(1)(m)
shall provide incentives for:
(a)
the use of evidence-based juvenile justice programs and practices rated as effective
by the tools selected in accordance with Subsection
(1)(j)
;
(b)
the use of three-month timelines for program completion; and
(c)
evidence-based programs and practices for minors living at home in rural areas.
(4)
The
State Commission on Criminal and Juvenile Justice
department
may delegate the
duties imposed under this section to a subcommittee or board established by the
State
Commission on Criminal and Juvenile Justice
commission
in accordance with
Subsection
63M-7-204
(2)
75E-3-202(2)
.
Section 91. Section
75E-2-208
, which is renumbered from Section 63M-7-220 is renumbered
and amended to read:
63M-7-220
75E-2-208
Effective
07/01/26
. Domestic violence data collection.
(1)
As used in this section:
(a)
"Commission" means the State Commission on Criminal and Juvenile Justice
created in Section
63M-7-201
.
(b)
(a)
"Cohabitant abuse protective order" means an order issued with or without
notice to the respondent in accordance with Title 78B, Chapter 7, Part 6, Cohabitant
Abuse Protective Orders.
(c)
(b)
"Lethality assessment" means an evidence-based assessment that is intended to
identify a victim of domestic violence who is at a high risk of being killed by the
perpetrator.
(d)
(c)
"Victim" means the same as that term is defined in Section
77-36-1
.
(2)
Beginning July 1, 2025, each
Each
law enforcement agency and other organizations
that provide domestic violence services within the state shall submit the following data
to the
commission
department
for compilation and analysis in collaboration with the
data collected by the Department of Public Safety in accordance with Section
77-36-2.1
and the Administrative Office of the Courts:
(a)
lethality assessments conducted in the state, including:
(i)
the type of lethality assessments used by law enforcement agencies and other
organizations that provide domestic violence services; and
(ii)
training and protocols implemented by law enforcement agencies and the
organizations described in Subsection
(2)(a)(i)
regarding the use of lethality
assessments;
(b)
the data collection efforts implemented by law enforcement agencies and the
organizations described in Subsection
(2)(a)(i)
;
(c)
the number of cohabitant abuse protective orders that, in the immediately preceding
calendar year, were:
(i)
issued;
(ii)
amended or dismissed before the date of expiration; and
(iii)
dismissed under Section
78B-7-605
; and
(d)
the prevalence of domestic violence in the state and the prevalence of the following
in domestic violence cases:
(i)
stalking;
(ii)
strangulation;
(iii)
violence in the presence of children; and
(iv)
threats of suicide or homicide.
(3)
The
commission
department
, in collaboration with
the commission,
domestic violence
organizations
,
and other related stakeholders, shall conduct a review of and provide
feedback on:
(a)
lethality assessment training and protocols implemented by law enforcement
agencies and the organizations described in Subsection
(2)(a)(i)
; and
(b)
the collection of domestic violence data in the state, including:
(i)
coordination between state, local, and not-for-profit agencies to collect data from
lethality assessments and on the prevalence of domestic violence, including the
number of voluntary commitments of firearms under Section
53-5a-502
;
(ii)
efforts to standardize the format for collecting domestic violence and lethality
assessment data from state, local, and not-for-profit agencies subject to federal
confidentiality requirements; and
(iii)
the need for any additional data collection requirements or efforts.
(4)
On or before November 30 of each year, the
commission
department
shall provide a
written report to the Law Enforcement and Criminal Justice Interim Committee
describing:
(a)
the information gathered under Subsections
(2)
and
(3)
; or
(b)
the progress and assessment of available data under Subsections
(2)
and
(3)
.
Section 92. Section
75E-2-209
, which is renumbered from Section 78A-10a-201 is renumbered
and amended to read:
78A-10a-201
75E-2-209
Effective
07/01/26
. Judicial selection -- Rulemaking.
The
State Commission on Criminal and Juvenile Justice
department
shall:
(1)
enact rules establishing procedures for the meetings of a
commission
judicial
nominating commission created under Section
78A-10a-302
,
78A-10a-402
, or
78A-10a-502
in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking
Act
; and
(2)
ensure that the rules described in Subsection
(1)
:
(a)
comply with the requirements of
this chapter
Title 78A, Chapter 10a, Judicial
Selection
;
(b)
include standards that:
(i)
maintain the confidentiality of applications for a judicial vacancy and related
documents;
(ii)
address destroying the records of the names of applicants, applications, and
related documents upon the completion of the judicial nomination process; and
(iii)
govern a
commissioner's
judicial nominating commission member's
disqualification and inability to serve;
(c)
allow for public comment concerning the judicial nomination process, qualifications
for judicial office, and individual applicants;
(d)
include evaluation criteria for the selection of judicial nominees; and
(e)
address procedures for:
(i)
taking summary minutes at a
judicial nominating
commission meeting;
(ii)
simultaneously forwarding the names of nominees to the governor, the president
of the Senate, and the Office of Legislative Research and General Counsel as
described in Subsection
78A-10a-203(5)
; and
(iii)
requiring the Administrative Office of the Courts to immediately inform the
governor when a judge is removed, resigns, or retires.
Section 93. Section
75E-2-210
, which is renumbered from Section 63A-16-1002 is renumbered
and amended to read:
63A-16-1002
75E-2-210
Effective
07/01/26
. Public safety portal -- Software
service required to be compatible with public safety portal.
(1)
As used in this section, "division" means the Division of Technology Services created in
Section
63A-16-103
.
(1)
(2)
The
commission
department
shall oversee the creation and management of a
public safety portal for information and data required to be reported to the
commission
department
and accessible to all criminal justice agencies in the state.
(2)
(3)
The division shall assist with the development and management of the public safety
portal.
(3)
(4)
The division, in collaboration with the
commission
department
, 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)
(5)
The public safety portal shall be the repository for
the statutorily required data
described in
:
(a)
recidivism data described in
Section
13-53-111
, Recidivism reporting requirements
;
(b)
county jail data described in
Section
17-72-408
, County jail reporting requirements
;
(c)
criminal justice coordinating council data described in
Section
17E-2-201
, Criminal
Justice Coordinating Councils reporting
;
(d)
data from the Alcohol Abuse Tracking Committee as described in
Section
26B-1-427
, Alcohol Abuse Tracking Committee
;
(e)
DUI related data described in
Section
41-6a-511
, Courts to collect and maintain data
;
(f)
driving under the influence crash and arrest data, as described in
Section
53-10-118
,
Regarding driving under the influence data
;
(g)
Section
53-25-301
, Reporting requirements for reverse-location warrants;
(h)
(g)
sexual assault offense data described in
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;
(h)
reverse-location warrant data described in Section
53-25-301
;
(j)
(i)
seized firearm data described in
Section
53-25-501
, Reporting requirements for
seized firearms
;
(k)
(j)
firearm data described in
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;
(k)
the school disciplinary and law enforcement action report described in Section
53E-3-516
;
(q)
(l)
data described in
Section
64-13-25
,
Standards for programs
relating to
programs developed by the Department of Corrections
;
(r)
(m)
inmate data described in
Section
64-13-45
, Department reporting requirements
;
(s)
(n)
the county reports described in
Section
64-13e-104
, County correctional facility
reimbursement program for state probationary inmates and state parole inmates
;
(o)
sentenced offender data described in Section
64-14-204
;
(p)
prosecutorial agency data for each criminal case as described in Section
75E-2-205
;
(q)
prosecutorial agency data for the previous calendar year as described in Section
75E-2-206
;
(r)
domestic violence data described in Section
75E-2-208
;
(s)
law enforcement agency grant reports described in Section
75E-2-302
;
(t)
tactical group data described in
Section
77-7-8.5
, Use of tactical groups
;
(u)
forfeiture data described in
Section
77-11b-404
, Forfeiture reporting requirements
;
(v)
release data described in
Section
77-20-103
, Release data requirements
;
(w)
court order data described in
Section
77-22-2.5
, Court orders for criminal
investigations
;
(x)
court data described in
Section
78A-2-109.5
, Court data collection on criminal cases
;
(y)
data on offenses committed by minors submitted under
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
department
.
(5)
Before October 1, 2025, the commission shall report all data collected to the Law
Enforcement and Criminal Justice Interim Committee.
(6)
The
commission
department
may:
(a)
enter into contracts with private or governmental entities to assist entities in
complying with the data reporting requirements of Subsection
(4)
(5)
; 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)
(5)
.
(7)
A vendor that operates a software service described in Subsection
(8)
shall:
(a)
establish an automated connection to the department's public safety portal; and
(b)
ensure that the connection described in Subsection
(7)(a)
is operational within one
year of the criminal justice agency's system that uses the software service becoming
active.
(8)
A software service is subject to Subsection
(7)
if the software service:
(a)
is for use by a criminal justice agency within the state's criminal justice system; and
(b)
collects and stores data required by statute to be reported to the department.
Section 94. Section
75E-2-211
, which is renumbered from Section 63M-7-528 is renumbered
and amended to read:
63M-7-528
75E-2-211
Effective
07/01/26
. Rape crisis and services center
standards, eligibility, and monitoring -- Administrative rulemaking authority.
(1)
With regard to eligibility for a grant, other funds, or services provided under
this part
Chapter 5, Office for Victims of Crime,
for a rape crisis and services center, the
commission
department
, in consultation with the
office
Office for Victims of Crime
,
shall create rules to:
(a)
create standards of care for a rape crisis and services center to provide safe, effective,
and appropriate services for a victim of sexual assault:
(i)
that are based on best practices; and
(ii)
with input from the
Utah
Victim Services Commission's subcommittee on rape
and sexual assault established under Subsection
63M-7-903
(5)(b)
75E-6-103(5)(b)
;
(b)
create and enforce eligibility standards for a rape crisis and services center that:
(i)
incorporate the standards of care described in Subsection
(1)(a)
; and
(ii)
may be used to determine whether a rape crisis and services center is eligible for
a grant, other funds, or services under
this part
Chapter 5, Office for Victims of
Crime
; and
(c)
create standards and procedures for the
commission
department
to monitor and
audit a rape crisis and services center for compliance with the eligibility standards
described in Subsection
(1)(b)
.
(2)
Rules made by the
commission
department
under this section shall be made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3)
The state auditor shall audit the
commission's
department's
compliance with the
commission's
department's
monitoring and auditing requirements described in
Subsection
(1)(c)
and the provision of grant funds under this section.
Section 95. Section
75E-2-301
is enacted to read:
3. Grants and Funds
75E-2-301
Effective
07/01/26
. Definitions for part.
Reserved.
Section 96. Section
75E-2-302
, which is renumbered from Section 63M-7-214 is renumbered
and amended to read:
63M-7-214
75E-2-302
Effective
07/01/26
. Law enforcement agency grants.
(1)
As used in this section:
(a)
"Commission" means the Commission on Criminal and Juvenile Justice created in
Section
63M-7-201
.
(b)
"Law enforcement agency" means a state or local law enforcement agency.
(c)
"Other appropriate agency" means a state or local government agency, or a
nonprofit organization, that works to prevent illegal drug activity and enforce laws
regarding illegal drug activity and related criminal activity by:
(i)
programs, including education, prevention, treatment, and research programs; and
(ii)
enforcement of laws regarding illegal drugs.
(1)
As used in this section, "agency" means:
(a)
a state or local law enforcement agency; or
(b)
a state or local government agency, or a nonprofit organization, that works to prevent
illegal drug activity and enforce laws regarding illegal drug activity and related
criminal activity through:
(i)
programs, including education, prevention, treatment, and research programs; and
(ii)
enforcement of laws regarding illegal drugs.
(2)
The
commission
department
shall implement law enforcement operations and
programs related to reducing illegal drug activity as
listed
described
in Subsection
(3)
.
(3)
(a)
The first priority of the
commission
department
is to annually allocate not more
than $2,500,000, depending upon funding available from other sources, to directly
fund the operational costs of
state and local law enforcement
agencies' drug or
crime task forces, including multijurisdictional task forces.
(b)
The second priority of the
commission
department
is to allocate grants for specified
law enforcement
agency functions and other agency functions as the
commission
department
finds appropriate to more effectively reduce illegal drug activity and
related criminal activity, including providing education, prevention, treatment, and
research programs.
(4)
(a)
In allocating grants and determining the amount of the grants to carry out the
purposes of Subsection
(3)
, the
commission
department
shall consider:
(i)
the demonstrated ability of the agency to appropriately use the grant to implement
the proposed functions and how this function or task force will add to the
law
enforcement
agency's
current
efforts to reduce illegal drug activity and related
criminal activity; and
(ii)
the agency's cooperation with other
state and local
agencies and task forces.
(b)
Agencies qualify
An agency qualifies
for a grant only if
they demonstrate
the
agency demonstrates
compliance with all reporting and policy requirements
applicable under this
section and under Title 63M, Chapter 7, Criminal Justice and
Substance Abuse, in order to qualify as a potential grant recipient
title
.
(5)
Recipient agencies
A recipient agency
may only use grant money after approval or
appropriation by the agency's governing body, and a determination that the grant money
is nonlapsing.
(6)
A recipient
law enforcement
agency may use funds granted under this section only for
the purposes stated by the
commission
department
in the grant.
(7)
(a)
For each fiscal year,
any law enforcement
an
agency that receives a grant from
the
commission
department
under this section shall prepare and file with the
commission
department
and the state auditor a report in a form specified by the
commission
department
.
(b)
The report
described in Subsection
(7)(a)
shall include the following regarding each
grant:
(i)
the agency's name;
(ii)
the amount of the grant;
(iii)
the date of the grant;
(iv)
how the grant has been used; and
(v)
a statement signed by both the agency's or political subdivision's executive officer
or designee and by the agency's legal counsel, that all grant funds were used for
law enforcement operations and programs
:
(A)
approved by the
commission
department;
and
(B)
that relate to reducing illegal drug activity and related criminal activity, as
specified in the grant.
Section 97. Section
75E-2-303
, which is renumbered from Section 63M-7-218 is renumbered
and amended to read:
63M-7-218
75E-2-303
Effective
07/01/26
. State grant requirements.
(1)
Except as provided in Subsection
(2)
, the
commission
department
may not award a
grant of state funds to an entity subject to, and not in compliance with, the reporting
requirements
described
in
Subsection
63A-16-1002(4)
75E-2-210(5)
.
(2)
(a)
The
commission
department
may award a grant to an entity under Section
63A-16-1003
75E-2-306
even if the entity is not in compliance with the reporting
requirements described in Subsection
63A-16-1002(4)
75E-2-210(5)
.
(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
The department
may not award
any
a
grant
of state funds to an entity subject to the requirements
under
described in
Sections
53-21-102
and
53-21-104.3
, if the
commission
department
has determined
under
Subsection 63M-7-204(1)(aa)
, after receiving a recommendation described in
Subsection
75E-3-202(1)(i)(ii)
from the Commission on Criminal and Juvenile Justice,
that the entity is
currently
not eligible to receive state grant funds under this section.
Section 98. Section
75E-2-304
, which is renumbered from Section 63M-7-215 is renumbered
and amended to read:
63M-7-215
75E-2-304
Effective
07/01/26
. Pretrial Release Programs Special
Revenue Fund -- Funding -- Uses.
(1)
As used in this section
:
, "fund" means the Pretrial Release Programs Special Revenue
Fund created in this section.
(a)
"Commission" means the 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
department
shall award grants from the fund to county agencies and
other agencies the
commission
department
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
department
may retain up to 3% of the money deposited into the fund
to pay for administrative costs incurred by the
commission
department
, 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
department
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
department
to complete a grant application.
(9)
Upon receipt of a grant application, the
commission
department
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
department'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
department
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 99. Section
75E-2-305
, which is renumbered from Section 63M-7-219 is renumbered
and amended to read:
63M-7-219
75E-2-305
Effective
07/01/26
. Victim Services Restricted Account
-- Funding -- Uses.
(1)
There is created in the General Fund a restricted account known as the "Victim Services
Restricted Account."
(2)
The Victim Services Restricted Account is funded by:
(a)
money appropriated to the account by the Legislature;
(b)
money deposited from a judgment in favor of the state
pursuant to
in accordance
with
the requirements of Section
78B-8-201
;
(c)
gifts, donations, or grants from private entities or individuals; and
(d)
interest earned on money in the account.
(3)
Subject to appropriation, the Legislature shall use the funds in the Victim Services
Restricted Account to fund services for victims, including using funds for:
(a)
services provided by Children's Justice Centers;
(b)
services for sexual assault and domestic violence victims;
(c)
services recommended by the
Utah
Victim Services Commission under Section
63M-7-804
75E-6-202
; or
(d)
any administrative costs associated with implementing victim services.
Section 100. Section
75E-2-306
, which is renumbered from Section 63A-16-1003 is renumbered
and amended to read:
63A-16-1003
75E-2-306
Effective
07/01/26
. Public safety portal grant
program.
(1)
As used in this section:
(a)
"Grant" means a grant awarded under this section.
(b)
"Program" means the public safety portal grant program created in Subsection
(2)(a)
.
(1)
(2)
(a)
There is created within the
commission
department
the public safety portal
grant program.
(b)
The purpose of the program is to award grants to assist entities in complying with the
data reporting requirements described in Subsection
63A-16-1002
(4)
75E-2-210(5)
.
(c)
The program is funded with existing appropriations previously designated for the
purpose of facilitating data collection and any ongoing appropriations made by the
Legislature for the program.
(2)
(3)
An entity that submits a proposal for a grant to the
commission
department
shall
include details in the proposal regarding:
(a)
how the entity plans to use the grant to fulfill the purpose described in Subsection
(1)(b)
(2)(b)
;
(b)
any plan to use funding sources in addition to the grant for proposal;
(c)
any existing or planned partnerships with another individual or entity to implement
the proposal; and
(d)
other information the
commission
department
determines is necessary to evaluate
the proposal.
(3)
(4)
When evaluating a proposal for a grant, the
commission
department
shall consider:
(a)
the likelihood that the proposal will accomplish the purpose described in Subsection
(1)(b)
(2)(b)
;
(b)
the cost of the proposal; and
(c)
the viability and sustainability of the proposal.
(4)
(5)
Subject to Subsection
(2)
(3)
, the
commission
department
may make rules, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
establish:
(a)
eligibility criteria for a grant;
(b)
the form and process for submitting a proposal to the
commission
department
for a
grant;
(c)
the method and formula for determining a grant amount; and
(d)
reporting requirements for a grant recipient.
Section 101. Section
75E-3-101
, which is renumbered from Section 63M-7-101.5 is renumbered
and amended to read:
3. Commission on Criminal and Juvenile Justice
1. General Provisions
63M-7-101.5
75E-3-101
Effective
07/01/26
. Definitions for chapter.
As used in this chapter:
(1)
"Commission" means
, except as provided in Sections
63M-7-901
and
63M-7-1101
,
the
State
Commission on Criminal and Juvenile Justice created in Section
63M-7-201
75E-3-102
.
(2)
(a)
"Rape crisis and services center" means a nonprofit entity that assists victims of
sexual assault and victims' families by offering sexual assault crisis intervention and
counseling through a sexual assault counselor.
(b)
"Rape crisis and services center" does not include a qualified institutional victim
services provider as defined in Section
53H-14-401
.
(3)
(a)
"Sexual assault" means any criminal conduct described in Title 76, Chapter 5, Part
4, Sexual Offenses.
(b)
"Sexual assault" does not include criminal conduct described in:
(i)
Section
76-5-417
, Enticing a minor;
(ii)
Section
76-5-418
, Sexual battery;
(iii)
Section
76-5-419
, Lewdness; or
(iv)
Section
76-5-420
, Lewdness involving a child.
(4)
"Sexual assault counselor" means an individual who:
(a)
is employed by or volunteers at a rape crisis and services center;
(b)
has a minimum of 40 hours of training in counseling and assisting victims of sexual
assault; and
(c)
is under the supervision of the director of a rape crisis and services center or the
director's designee.
(2)
"Desistance" means an individual's abstinence from further criminal activity after a
previous criminal conviction.
(3)
"Intervention" means a program, sanction, supervision, or event that may impact
recidivism.
(4)
"Recidivism" means a return to criminal activity after a previous criminal conviction.
(5)
"Recidivism standard metric" means the number of individuals who are returned to
prison for a new conviction within the three years after the day on which the individuals
were released from prison.
Section 102. Section
75E-3-102
, which is renumbered from Section 63M-7-201 is renumbered
and amended to read:
63M-7-201
75E-3-102
Effective
07/01/26
. Creation -- Purpose.
(1)
The
State
Commission on Criminal and Juvenile Justice is created within the
governor's office
department
.
(2)
The commission's purpose is to:
(a)
promote broad philosophical agreement concerning the objectives of the criminal and
juvenile justice system in Utah;
(b)
provide a mechanism for coordinating the functions of the various branches and
levels of government concerned with criminal and juvenile justice to achieve those
objectives;
(c)
coordinate statewide efforts to reduce crime and victimization in Utah; and
(d)
accomplish the duties
enumerated
described
in Section
63M-7-204
75E-3-202
.
Section 103. Section
75E-3-103
, which is renumbered from Section 63M-7-202 is renumbered
and amended to read:
63M-7-202
75E-3-103
Effective
07/01/26
. Composition -- Appointments -- Ex
officio members -- Terms.
(1)
The
State Commission on Criminal and Juvenile Justice
commission
is composed of
17 voting members as follows:
(a)
the state court administrator or the state court administrator's designee;
(b)
the executive director of the Department of Corrections or the executive director's
designee;
(c)
the executive director of the Department of Health and Human Services or the
executive director's designee;
(d)
the commissioner of the Department of Public Safety or the commissioner's designee;
(e)
the attorney general or an attorney designated by the attorney general;
(f)
the president of the chiefs of police association or a chief of police designated by the
association's president;
(g)
the president of the sheriffs' association or a sheriff designated by the association's
president;
(h)
the chair of the Board of Pardons and Parole or a member of the Board of Pardons
and Parole designated by the chair;
(i)
the chair of the
Utah Sentencing Commission
sentencing commission
or a member
of the
Utah Sentencing Commission
sentencing commission
designated by the chair;
(j)
the chair of the Juvenile Justice Oversight Committee or a member of the Juvenile
Justice Oversight Committee designated by the chair;
(k)
the chair of the
Utah
Victim Services Commission or a member of the
Utah
Victim Services Commission designated by the chair;
(l)
an indigent defense attorney, appointed by the
Utah
Indigent Defense Commission;
(m)
a criminal
prosecutor
prosecuting attorney
, appointed by the Statewide Association
of
Public Attorneys and Prosecutors
Prosecutors and Public Attorneys
;
(n)
a criminal defense attorney, appointed by the Utah Association of Criminal Defense
Lawyers;
(o)
the executive director of the commission;
(p)
an education professional, appointed by the State Board of Education; and
(q)
the director of the Division of Juvenile Justice and Youth Services or the director's
designee.
(2)
In addition to the members designated in Subsection
(1)
, the following may serve as
non-voting
nonvoting
members:
(a)
a district court judge appointed by the Judicial Council; and
(b)
a juvenile court judge appointed by the Judicial Council.
(3)
In appointing the members under Subsections
(1)
and
(2)
, the appointing authority shall
take into account the geographical makeup of the commission.
Section 104. Section
75E-3-104
, which is renumbered from Section 63M-7-203 is renumbered
and amended to read:
63M-7-203
75E-3-104
Effective
07/01/26
. Executive director -- Qualifications
-- Compensation -- Appointment -- Functions.
(1)
The
governor
commissioner
, with the advice and consent of the Senate, shall appoint
a
person
an individual
experienced in the field of criminal justice and in administration as
the executive director of the
Commission on Criminal and Juvenile Justice
commission
.
(2)
The
governor
commissioner
shall establish the executive director's salary within the
salary range fixed by the Legislature in
Title 67, Chapter 22, State Officer Compensation
.
(2)
(a)
The executive director, under the direction of the commission, shall administer
the duties of the commission and act as the governor's advisor on national, state,
regional, metropolitan, and local government planning as it relates to criminal justice.
(3)
(a)
The executive director shall:
(i)
administer the duties of the commission;
(ii)
communicate on behalf of the commission to policymakers and the public;
(iii)
represent the department on the commission; and
(iv)
represent the department on other boards and commissions in accordance with
Sections
75E-4-102
and
75E-6-102
or as assigned by the commissioner.
(b)
This chapter does not derogate the planning authority conferred on state, regional,
metropolitan, and local governments by existing law.
Section 105. Section
75E-3-105
, which is renumbered from Section 63M-7-206 is renumbered
and amended to read:
63M-7-206
75E-3-105
Effective
07/01/26
. Election of chair -- Meetings.
(1)
The membership of the
Commission on Criminal and Juvenile Justice
commission,
by simple majority vote of
those
commission members
in attendance
,
shall annually
elect
one of their number
a commission member
to serve as chair.
(2)
The chair is responsible for the call and conduct of meetings.
(3)
Meetings shall be called and held
The chair shall call and hold meetings
at least
bimonthly.
(4)
One of the bimonthly meetings shall be held while the Legislature is convened in
its
the Legislature's
annual
general
session.
(5)
Additional meetings may be called upon request by a majority of the commission's
members.
Section 106. Section
75E-3-106
, which is renumbered from Section 63M-7-207 is renumbered
and amended to read:
63M-7-207
75E-3-106
Effective
07/01/26
. Members serve without pay --
Reimbursement for expenses.
(1)
A member who is not a legislator may not receive compensation or benefits for the
member's service, but may receive per diem and travel expenses as allowed in:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance according to Sections
63A-3-106
and
63A-3-107
.
(2)
Compensation and expenses of a member who is a legislator are governed by Section
36-2-2
and Legislative Joint Rules,
Title 5, Legislative Compensation and Expenses
.
Section 107. Section
75E-3-201
is enacted to read:
2. Commission Responsibilities
75E-3-201
Effective
07/01/26
. Definitions for part.
Reserved.
Section 108. Section
75E-3-202
, which is renumbered from Section 63M-7-204 is renumbered
and amended to read:
63M-7-204
75E-3-202
Effective
07/01/26
. Duties of commission.
(1)
The commission shall:
(a)
promote the commission's purposes as
enumerated
described
in Section
63M-7-201
75E-3-102
;
(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)
(c)
identify and promote the implementation of specific policies and programs the
commission determines will significantly reduce crime
and improve public safety
in
Utah;
(g)
(d)
with the assistance of data and reports provided by the department, including
any annual criminal justice reports,
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)
(e)
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)
(f)
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)
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)
publish the report described in Subsection
(1)(w)
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)
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
;
(g)
make recommendations regarding state and federal criminal justice grant funding
administered by the department;
(z)
(h)
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)
(i)
(i)
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
by a first responder agency
to an eligible individual
, including, if appropriate in
the commission's discretion,
; and
(ii)
after evaluating a referral described in Subsection
(1)(i)(i)
, determine whether to
recommend that the department
deny the
relevant entity
first responder agency
subject to the referral
from receiving any grant of state funds under Section
63M-7-218
75E-2-303
for a specified period of time; and
(bb)
(j)
accept public comment.
(2)
(a)
The commission may designate an entity to perform the duties described in this
part
chapter
.
(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
department
.
Section 109. Section
75E-4-101
, which is renumbered from Section 63M-7-401.1 is renumbered
and amended to read:
4. Sentencing Commission
1. General Provisions
63M-7-401.1
75E-4-101
Effective
07/01/26
. Definitions for chapter.
As used in this
part
chapter
:
(1)
"Adjudication" means an adjudication, as that term is defined in Section
80-1-102
, of an
offense under Section
80-6-701
.
(2)
"Adult sentencing and supervision length guidelines" means the guidelines established
in Section
63M-7-404.3
75E-4-203
.
(3)
"Civil disability" means a legal right or privilege that is revoked as a result of the
individual's conviction or adjudication.
(4)
"Collateral consequence" means:
(a)
a discretionary disqualification; or
(b)
a mandatory sanction.
(5)
"Commission" means the Commission on Criminal and Juvenile Justice created in
Section
75E-3-102
.
(5)
(6)
"Conviction" means the same as that term is defined in Section
77-38b-102
.
(6)
(7)
"Disadvantage" means any legal or regulatory restriction that:
(a)
is imposed on an individual as a result of the individual's conviction or adjudication;
and
(b)
is not a civil disability or a legal penalty.
(7)
(8)
"Discretionary disqualification" means a penalty, a civil disability, or a
disadvantage that a court in a civil proceeding, or a federal, state, or local government
agency or official, may impose on an individual as a result of the individual's
adjudication or conviction for an offense regardless of whether the penalty, the civil
disability, or the disadvantage is specifically designated as a penalty, a civil disability, or
a disadvantage.
(8)
(9)
"Juvenile" means a minor as that term is defined in Section
80-1-102
.
(9)
(10)
"Juvenile disposition guidelines" means the guidelines established in Section
63M-7-404.5
75E-4-204
.
(10)
(11)
"Mandatory sanction" means a penalty, a civil disability, or a disadvantage that:
(a)
is imposed on an individual as a result of the individual's adjudication or conviction
for an offense regardless of whether the penalty, the civil disability, or the
disadvantage is specifically designated as a penalty, a civil disability, or a
disadvantage; and
(b)
is not included in the judgment for the adjudication or conviction.
(11)
"Master offense list" means a document that contains all offenses that exist in statute
and each offense's associated penalty.
(12)
"Offense" means a felony, a misdemeanor, an infraction, or an adjudication under the
laws of this state, another state, or the United States.
(13)
"Penalty" means an administrative, civil, or criminal sanction imposed to punish the
individual for the individual's conviction or adjudication.
(14)
"Sentencing commission" means the sentencing commission created in Section
63M-7-401.2
75E-4-102
.
Section 110. Section
75E-4-102
, which is renumbered from Section 63M-7-401.2 is renumbered
and amended to read:
63M-7-401.2
75E-4-102
Effective
07/01/26
. Creation -- Members --
Appointment -- Qualifications.
(1)
There is created the sentencing commission
, within the commission, that is composed
of 15 voting members.
within the department.
(2)
The sentencing commission shall:
(a)
develop
by-laws
bylaws
and rules in compliance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; and
(b)
elect the sentencing commission's officers.
(3)
(a)
The sentencing commission is composed of 15 voting members.
(b)
The sentencing commission's members shall be:
(a)
(i)
the executive director of the Department of Corrections or the executive
director's designee;
(b)
(ii)
the director of the
Division of Juvenile Justice and Youth Services or the
director's designee;
(c)
(iii)
the executive director of the commission or the executive director's designee;
(d)
(iv)
the chair of the Board of Pardons and Parole or the chair's designee;
(e)
(v)
the state court administrator or the state court administrator's designee;
(f)
(vi)
a criminal defense attorney, appointed by the Utah Association of Criminal
Defense Lawyers;
(g)
(vii)
an indigent defense attorney, appointed by the Indigent Defense
Commission;
(h)
(viii)
the attorney general or the attorney general's designee;
(i)
(ix)
a criminal
prosecutor
prosecuting attorney
, appointed by the Statewide
Association of
Public Attorneys and Prosecutors
Prosecutors and Public
Attorneys
;
(j)
(x)
a representative of the Utah
Sheriff's
Sheriffs
Association appointed by the
governor;
(k)
(xi)
a licensed professional, appointed by the governor, who assists in the
rehabilitation of individuals convicted of an offense;
(l)
(xii)
the chair of the
Utah
Victim Services Commission or a member of the
Utah
Victim Services Commission designated by the chair;
(m)
(xiii)
the chair of the Juvenile Justice Oversight Committee or a member of the
Juvenile Justice Oversight Committee designated by the chair;
(n)
(xiv)
a juvenile prosecuting attorney, appointed by the Statewide Association of
Public Attorneys and Prosecutors
Prosecutors and Public Attorneys
; and
(o)
(xv)
a juvenile defense attorney, appointed by the Utah Association of Criminal
Defense Lawyers.
(4)
In addition to the members described in Subsection
(3)
, the following may serve as
non-voting
nonvoting
members:
(a)
a district court judge appointed by the Judicial Council; and
(b)
a juvenile court judge appointed by the Judicial Council.
(5)
The executive director of the commission shall hire a director of the sentencing
commission to administer and manage the sentencing commission.
Section 111. Section
75E-4-103
, which is renumbered from Section 63M-7-402 is renumbered
and amended to read:
63M-7-402
75E-4-103
Effective
07/01/26
. Terms of members --
Reappointment -- Vacancy.
(1)
(a)
Except as required by Subsection
(1)(b)
,
the appointing authority shall appoint
each new member or reappointed member to a four-year term as the terms of
members of the sentencing commission expire.
(b)
The appointing authority shall, at the time of appointment or reappointment, adjust
the length of terms to ensure that the terms of members of the sentencing commission
are staggered so that approximately half of the sentencing commission is appointed
every two years.
(2)
If a member of the sentencing commission no longer holds a qualifying position,
resigns, or is unable to serve, the appointing authority shall fill the vacancy.
(3)
When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
Section 112. Section
75E-4-104
, which is renumbered from Section 63M-7-402.5 is renumbered
and amended to read:
63M-7-402.5
75E-4-104
Effective
07/01/26
. Compensation of members.
(1)
A member of the sentencing commission who is not a legislator may not receive
compensation or benefits for the member's service, but may receive per diem and travel
expenses as allowed in:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance according to Sections
63A-3-106
and
63A-3-107
.
(2)
Compensation and expenses of a member of the sentencing commission who is a
legislator are governed by Section
36-2-2
and Legislative Joint Rules, Title 5,
Legislative Compensation and Expenses.
Section 113. Section
75E-4-201
is enacted to read:
2. Sentencing Commission Responsibilities
75E-4-201
Effective
07/01/26
. Definitions for part.
Reserved.
Section 114. Section
75E-4-202
, which is renumbered from Section 63M-7-404.1 is renumbered
and amended to read:
63M-7-404.1
75E-4-202
Effective
07/01/26
. Duties of the sentencing
commission.
(1)
The sentencing commission shall establish and maintain:
(a)
the adult sentencing and supervision length guidelines described in Section
63M-7-404.3
75E-4-203
;
(b)
the juvenile disposition guidelines described in Section
63M-7-404.5
75E-4-204
;
(c)
a master offense list
an annual offense report
described in Section
63M-7-405
75E-4-205
; and
(d)
a collateral consequences guide described in Section
63M-7-405
75E-4-205
.
(2)
The sentencing commission may make recommendations to the Legislature, the
governor, and the Judicial Council regarding:
(a)
the adult sentencing and supervision length guidelines described in Section
63M-7-404.3
75E-4-203
;
(b)
the juvenile disposition guidelines described in Section
63M-7-404.5
75E-4-204
;
(c)
a master offense list
an annual offense report
described in Section
63M-7-405
75E-4-205
; and
(d)
a collateral consequences guide described in Section
63M-7-405
75E-4-205
.
(3)
The sentencing commission shall use existing data and resources from state criminal
justice agencies in carrying out the duties of the sentencing commission.
(4)
The sentencing commission shall:
(a)
provide training and recommendations regarding the adult sentencing and
supervision length guidelines, the juvenile disposition guidelines, and other
documents maintained by the sentencing commission to the three branches of
government, in coordination with the commission; and
(b)
assist and respond to questions from all three branches of government.
(5)
(a)
The sentencing commission may provide analysis and recommendations to the
commission regarding proposed legislation or other policy changes that may impact
sentencing, release, or supervision of individuals convicted of crimes.
(b)
The sentencing commission may not take public positions on proposed legislation or
other proposed policy changes by the Legislature.
(6)
The sentencing commission may employ professional assistance and other staff
members that the sentencing commission considers necessary to comply with this
part
chapter
.
(7)
The sentencing commission shall coordinate with the
commission
department
on
criminal and juvenile justice issues, budget, and administrative support.
Section 115. Section
75E-4-203
, which is renumbered from Section 63M-7-404.3 is renumbered
and amended to read:
63M-7-404.3
75E-4-203
Effective
07/01/26
. Adult sentencing and supervision
length guidelines.
(1)
The sentencing commission shall establish and maintain adult sentencing and
supervision length guidelines regarding:
(a)
(1)
the sentencing and release of offenders in order to:
(i)
(a)
accept public comment;
(ii)
(b)
relate sentencing practices and correctional resources;
(iii)
(c)
increase
equity
consistency
in sentencing;
(iv)
(d)
better define responsibility in sentencing; and
(v)
(e)
enhance the discretion of the sentencing court while preserving the role of the
Board of Pardons and Parole;
(b)
(2)
the length of supervision of offenders on probation or parole in order to:
(i)
(a)
accept public comment;
(ii)
(b)
increase
equity
consistency
in criminal supervision lengths;
(iii)
(c)
relate the length of supervision to an offender's progress;
(iv)
(d)
take into account an offender's risk of offending again;
(v)
(e)
relate the length of supervision to the amount of time an offender has remained
under supervision in the community; and
(vi)
(f)
enhance the discretion of the sentencing court while preserving the role of the
Board of Pardons and Parole; and
(c)
(3)
appropriate, evidence-based probation and parole supervision policies and services
that assist offenders in successfully completing supervision and reduce incarceration
rates from community supervision programs while ensuring public safety, including:
(i)
(a)
treatment and intervention completion determinations based on individualized
case action plans;
(ii)
(b)
measured and consistent processes for addressing violations of conditions of
supervision;
(iii)
(c)
processes that include using positive reinforcement to recognize an offender's
progress in supervision;
(iv)
(d)
engaging with social services agencies and other stakeholders who provide
services that meet the needs of an offender; and
(v)
(e)
identifying community violations that may not warrant revocation of probation
or parole.
(2)
(a)
Before July 1, 2024, the sentencing commission shall revise and review the adult
sentencing and supervision length guidelines to reflect appropriate penalties for the
following offenses:
(i)
an interlock restricted driver operating a vehicle without an ignition interlock
system, Section
41-6a-518.2
;
(ii)
negligently operating a vehicle resulting in injury, Section
76-5-102.1
; and
(iii)
negligently operating a vehicle resulting in death, Section
76-5-207
.
(b)
The guidelines under Subsection (2)(a) shall consider the following:
(i)
the current sentencing requirements for driving under the influence of alcohol,
drugs, or a combination of both as identified in Section
41-6a-505
when injury or
death do not result;
(ii)
the degree of injury and the number of victims suffering injury or death as a
result of the offense;
(iii)
the offender's number of previous convictions for driving under the influence
related offenses as defined in Subsection
41-6a-501(2)(a)
; and
(iv)
whether the offense amounts to extreme DUI, as that term is defined in Section
41-6a-501
.
(3)
On or before October 31, 2024, the sentencing commission shall review and revise the
supervision tools in the adult sentencing and supervision length guidelines to:
(a)
recommend appropriate sanctions for an individual who violates probation or parole
by:
(i)
committing a felony offense, a misdemeanor offense described in Title 76,
Chapter 5, Offenses Against the Individual, or a misdemeanor offense for driving
under the influence described in Section
41-6a-502
;
(ii)
possessing a dangerous weapon; or
(iii)
willfully refusing to participate in treatment ordered by the court or the Board of
Pardons and Parole; and
(b)
recommend appropriate incentives for an individual on probation or parole that:
(i)
completes all conditions of probation or parole; or
(ii)
maintains eligible employment as defined in Section
64-14-301
.
(4)
The sentencing commission shall establish guidelines in the adult sentencing and
supervision length guidelines that recommend an enhanced sentence that a court or the
Board of Pardons and Parole should consider when determining the period in which a
habitual offender, as defined in Section
77-18-102
, will be incarcerated.
(5)
The sentencing commission shall modify:
(a)
the adult sentencing and supervision length guidelines to reduce recidivism for the
purposes of protecting the public and ensuring efficient use of state funds; and
(b)
the criminal history score in the adult sentencing and supervision length guidelines
to reduce recidivism, including factors in an offender's criminal history that are
relevant to the accurate determination of an individual's risk of offending again.
Section 116. Section
75E-4-204
, which is renumbered from Section 63M-7-404.5 is renumbered
and amended to read:
63M-7-404.5
75E-4-204
Effective
07/01/26
. Juvenile disposition guidelines.
(1)
The sentencing commission shall establish and maintain juvenile disposition guidelines
that:
(a)
respond to public comment;
(b)
relate dispositional practices and rehabilitative resources;
(c)
increase
equity
consistency
in disposition orders;
(d)
better define responsibility for disposition orders; and
(e)
enhance the discretion of the juvenile court while preserving the role of the Youth
Parole Authority.
(2)
The juvenile disposition guidelines shall address how to appropriately respond to
negative and positive behavior of juveniles who are:
(a)
nonjudicially adjusted;
(b)
placed on diversion;
(c)
placed on probation;
(d)
placed on community supervision;
(e)
placed in an out-of-home placement; or
(f)
placed in a secure care facility.
(3)
The juvenile disposition guidelines shall include:
(a)
other sanctions and incentives including:
(i)
recommended responses that are swift and certain;
(ii)
a continuum of community-based options for juveniles living at home;
(iii)
recommended responses that target the juvenile's criminogenic risk and needs;
and
(iv)
recommended incentives for compliance, including earned discharge credits;
and
(b)
a recommendation that, when a juvenile court interacts with a juvenile described in
Subsection
(2)
, the juvenile court shall consider:
(i)
the seriousness of the negative and positive behavior of the juvenile;
(ii)
the juvenile's conduct postadjudication; and
(iii)
the juvenile's delinquency history
; and
.
(c)
appropriate sanctions for a juvenile who commits sexual exploitation of a minor as
described in Section
76-5b-201
, or aggravated sexual exploitation of a minor as
described in Section
76-5b-201.1
, including the application of aggravating and
mitigating factors specific to the offense.
Section 117. Section
75E-4-205
, which is renumbered from Section 63M-7-405 is renumbered
and amended to read:
63M-7-405
75E-4-205
Effective
07/01/26
. Annual offense report -- Collateral
consequences guide.
(1)
(a)
The sentencing commission shall
annually
create
a master offense list.
an 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
master offense list
report described in Subsection
(1)(a)
; and
(ii)
present the
updated master offense list
report described in Subsection
(1)(a)
to
the Law Enforcement and Criminal Justice Interim Committee.
(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.
(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)
periodically update the guide; and
(ii)
(iii)
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 118. Section
75E-4-206
, which is renumbered from Section 63M-7-406 is renumbered
and amended to read:
63M-7-406
75E-4-206
Effective
07/01/26
. Reports -- Legislative approval --
Publication of reports.
(1)
(a)
On or before October 31 of each year, the
sentencing
commission shall submit the
sentencing and supervision length guidelines and juvenile disposition guidelines
created in accordance with Sections
63M-7-404.3
75E-4-203
and
63M-7-404.5
75E-4-204
to the Law Enforcement and Criminal Justice Interim Committee and the
Judiciary Interim Committee for review, including any legislative recommendations.
(b)
Beginning January 1, 2025, the
The
Legislature shall annually authorize, by passing
a concurrent resolution, the sentencing and supervision length guidelines and the
juvenile disposition guidelines submitted in accordance with Subsection
(1)(a)
.
(c)
The existing sentencing and supervision length guidelines and juvenile disposition
guidelines that were approved in accordance with Subsection
(1)(b)
shall remain in
effect until the day on which the Legislature reauthorizes the sentencing and
supervision length guidelines and juvenile disposition guidelines as described in
Subsection
(1)(b)
.
(2)
The sentencing commission
shall also be
is
authorized to prepare, publish, and
distribute from time to time reports of studies, recommendations, and statements from
the sentencing commission.
Section 119. Section
75E-5-101
, which is renumbered from Section 63M-7-502 is renumbered
and amended to read:
5. Office for Victims of Crime
1. General Provisions
63M-7-502
75E-5-101
Effective
07/01/26
. Definitions for chapter.
As used in this
part
chapter
:
(1)
"Accomplice" means an individual who has engaged in criminal conduct as described in
Section
76-2-202
.
(2)
"Advocacy services provider" means the same as that term is defined in Section
77-38-403
.
(3)
"Bodily injury" means physical pain, illness, or any impairment of physical condition.
(4)
"Claimant" means any of the following claiming
reparations
compensation
under this
part
chapter
:
(a)
a victim;
(b)
a dependent of a deceased victim; or
(c)
an individual or representative who files a
reparations
compensation
claim on behalf
of a victim.
(5)
"Child" means an unemancipated individual who is under 18 years old.
(6)
"Collateral source" means any source of benefits or advantages for economic loss
otherwise reparable under this
part
chapter
that the claimant has received, or that is
readily available to the claimant from:
(a)
the offender;
(b)
the insurance of the offender or the victim;
(c)
the United States government or any
of its
agencies
of the United States government
,
a state or any of
its
the state's
political subdivisions, or an instrumentality of two or
more states, except in the case on nonobligatory state-funded programs;
(d)
social security, Medicare, and Medicaid;
(e)
state-required temporary nonoccupational income replacement insurance or disability
income insurance;
(f)
workers' compensation;
(g)
wage continuation programs of any employer;
(h)
proceeds of a contract of insurance payable to the claimant for the loss the claimant
sustained because of the criminally injurious conduct;
(i)
a contract providing prepaid hospital and other health care services or benefits for
disability; or
(j)
veteran's benefits, including veteran's hospitalization benefits.
(7)
"Compensation award" means money or other benefits provided to a claimant or to
another on behalf of a claimant after a compensation claim is approved by the office.
(8)
"Compensation claim" means a claimant's request or application made to the office for a
compensation award.
(9)
(a)
"Compensation specialist" means an individual employed by the office to
investigate a claimant's request for compensation and award compensation under this
chapter.
(b)
"Compensation specialist" includes the director when the director is acting as a
compensation specialist.
(7)
(10)
(a)
"Confidential record" means a record in the custody of the office that relates
to a claimant's eligibility for a
reparations
compensation
award.
(b)
"Confidential record" includes:
(i)
a
reparations
compensation
claim;
(ii)
any correspondence regarding:
(A)
the approval or denial of a
reparations
compensation
claim; or
(B)
the payment of a
reparations
compensation
award;
(iii)
a document submitted to the office in support of a
reparations
compensation
award;
(iv)
a medical or mental health treatment plan;
and
or
(v)
an investigative report provided to the office by a law enforcement agency.
(8)
(11)
"Criminal justice system victim advocate" means the same as that term is defined
in Section
77-38-403
.
(9)
(12)
(a)
"Criminally injurious conduct" other than acts of war declared or not
declared means conduct that:
(i)
is or would be subject to prosecution in this state under Section
76-1-201
;
(ii)
occurs or is attempted;
(iii)
causes, or poses a substantial threat of causing, bodily injury or death;
(iv)
is punishable by fine, imprisonment, or death if the individual engaging in the
conduct possessed the capacity to commit the conduct; and
(v)
does not arise out of the ownership, maintenance, or use of a motor vehicle,
aircraft, or water craft, unless the conduct is:
(A)
intended to cause bodily injury or death;
(B)
punishable under Title
76, Chapter 5
, Offenses Against the Individual; or
(C)
chargeable as an offense for driving under the influence of alcohol or drugs.
(b)
"Criminally injurious conduct" includes a felony violation of Section
76-7-101
and
other conduct leading to the psychological injury of an individual resulting from
living in a setting that involves a bigamous relationship.
(10)
(13)
(a)
"Dependent" means a natural person to whom the victim is wholly or
partially legally responsible for care or support.
(b)
"Dependent" includes a child of the victim born after the victim's death.
(11)
(14)
"Dependent's economic loss" means loss after the victim's death of contributions
of things of economic value to the victim's dependent, not including services the
dependent would have received from the victim if the victim had not suffered the fatal
injury, less expenses of the dependent avoided by reason of
the
victim's death.
(12)
(15)
"Dependent's replacement services loss" means loss reasonably and necessarily
incurred by the dependent after the victim's death in obtaining services in lieu of those
the decedent would have performed for the victim's benefit if the victim had not suffered
the fatal injury, less expenses of the dependent avoided by reason of the victim's death
and not subtracted in calculating the dependent's economic loss.
(13)
(16)
"Director" means the director of the office.
(14)
(17)
"Disposition" means the sentencing or determination of penalty or punishment to
be imposed upon an individual:
(a)
convicted of a crime;
(b)
found delinquent; or
(c)
against whom a finding of sufficient facts for conviction or finding of delinquency is
made.
(15)
(18)
(a)
"Economic loss" means economic detriment consisting only of allowable
expense, work loss, replacement services loss, and if injury causes death, dependent's
economic loss and dependent's replacement service loss.
(b)
"Economic loss" includes economic detriment even if caused by pain and suffering
or physical impairment.
(c)
"Economic loss" does not include noneconomic detriment.
(16)
(19)
"Elderly victim" means an individual who is
:
(a)
60 years old or older
;
and
who is
(b)
a victim.
(17)
(20)
"Fraudulent claim" means a filed
reparations
compensation
based on material
misrepresentation of fact and intended to deceive the
reparations
compensation
staff for
the purpose of obtaining
reparation
compensation
funds for which the claimant is not
eligible.
(18)
(21)
"Fund" means the Crime Victim
Reparations
Compensation
Fund created in
Section
63M-7-526
75E-5-302
.
(19)
(22)
(a)
"Interpersonal violence" means an act involving violence, physical harm,
or a threat of violence or physical harm, that is committed by an individual who is or
has been in a domestic, dating, sexual, or intimate relationship with the victim.
(b)
"Interpersonal violence" includes any attempt, conspiracy, or solicitation of an act
described in Subsection
(19)(a)
(22)(a)
.
(20)
(23)
"Law enforcement agency" means a public or private agency having general
police power and charged with making arrests in connection with enforcement of the
criminal statutes and ordinances of this state or any political subdivision of this state.
(21)
(24)
"Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(22)
(25)
(a)
"Medical examination" means a physical examination necessary to
document criminally injurious conduct.
(b)
"Medical examination" does not include mental health evaluations for the
prosecution and investigation of a crime.
(23)
(26)
"Mental health counseling" means outpatient and inpatient counseling
necessitated
that:
(a)
is necessary
as a result of criminally injurious conduct
,
; and
(b)
is subject to rules made by the office in accordance with Title
63G, Chapter 3
, Utah
Administrative Rulemaking Act.
(24)
(27)
"Misconduct" means conduct by the victim that was attributable to the injury or
death of the victim as provided by rules made by the office in accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act.
(25)
(28)
"Noneconomic detriment" means pain, suffering, inconvenience, physical
impairment, and other nonpecuniary damage, except as provided in this
part
chapter
.
(26)
(29)
"Nongovernment organization victim advocate" means the same as that term is
defined in Section
77-38-403
.
(27)
(30)
"Nonpublic restitution record" means a restitution record that contains a
claimant's medical or mental health information.
(28)
(31)
"Pecuniary loss" does not include loss attributable to pain and suffering except as
otherwise provided in this
part
chapter
.
(29)
(32)
"Offender" means an individual who has violated
Title
76, Utah Criminal Code
Title 76, Criminal Offenses
, through criminally injurious conduct regardless of whether
the individual is arrested, prosecuted, or convicted.
(30)
(33)
"Offense" means a violation of
Title
76, Utah Criminal Code
Title 76, Criminal
Offenses
.
(31)
(34)
"Office"
means the director, the reparations and assistance officers, and any
other staff employed for the purpose of carrying out the provisions of this part
means the
Office for Victims of Crime created in Section
75E-5-102
.
(32)
(35)
"Perpetrator" means the individual who actually participated in the criminally
injurious conduct.
(33)
(36)
"Public restitution record" means a restitution record that does not contain a
claimant's medical or mental health information.
(34)
(a)
"Rape crisis and services center" means a nonprofit entity that assists victims of
sexual assault and victims' families by offering sexual assault crisis intervention and
counseling through a sexual assault counselor.
(b)
"Rape crisis and services center" does not include a qualified institutional victim
services provider as defined in Section
53H-14-401
.
(35)
"Reparations award" means money or other benefits provided to a claimant or to
another on behalf of a claimant after the day on which a reparations claim is approved
by the office.
(36)
"Reparations claim" means a claimant's request or application made to the office for a
reparations award.
(37)
(a)
"Reparations officer" means an individual employed by the office to investigate
a claimant's request for reparations and award reparations under this part.
(b)
"Reparations officer" includes the director when the director is acting as a
reparations officer.
(38)
(37)
"Replacement service loss" means expenses reasonably and necessarily incurred
in obtaining ordinary and necessary services in lieu of those the injured individual would
have performed, not for income but the benefit of the injured individual or the injured
individual's dependents if the injured individual had not been injured.
(39)
(38)
(a)
"Representative" means the victim, immediate family member, legal
guardian, attorney, conservator, executor, or an heir of an individual.
(b)
"Representative" does not include a service provider or collateral source.
(40)
(39)
"Restitution" means the same as that term is defined in Section
77-38b-102
.
(41)
(40)
(a)
"Restitution record" means a record documenting payments made to, or on
behalf of, a claimant by the office that the office relies on to support a restitution
request made in accordance with Section
77-38b-205
.
(b)
"Restitution record" includes:
(i)
a notice of restitution;
(ii)
an itemized list of payments;
(iii)
an invoice, receipt, or bill submitted to the office for reimbursement; and
(iv)
any documentation that the office relies on to establish a nexus between an
offender's criminally injurious conduct and a
reparations
compensation
award
made by the office.
(42)
(41)
"Secondary victim" means an individual who is traumatically affected by the
criminally injurious conduct subject to rules made by the office in accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act.
(43)
(42)
"Service provider" means an individual or agency who provides a service to a
claimant for a monetary fee, except attorneys as provided in Section
63M-7-524
75E-5-314
.
(44)
(43)
"Serious bodily injury" means the same as that term is defined in Section
76-1-101.5
.
(45)
(a)
"Sexual assault" means any criminal conduct described in Title
76, Chapter 5,
Part 4
, Sexual Offenses.
(b)
"Sexual assault" does not include criminal conduct described in:
(i)
Section
76-5-417
, enticing a minor;
(ii)
Section
76-5-418
, sexual battery;
(iii)
Section
76-5-419
, lewdness; or
(iv)
Section
76-5-420
, lewdness involving a child.
(46)
"Sexual assault counselor" means an individual who:
(a)
is employed by or volunteers at a rape crisis and services center;
(b)
has a minimum of 40 hours of training in counseling and assisting victims of sexual
assault; and
(c)
is under the supervision of the director of a rape crisis and services center or the
director's designee.
(44)
"Sexual assault" means the same as that term is defined in Section
75E-3-101
.
(47)
(45)
"Strangulation" means any act involving the use of unlawful force or violence
that:
(a)
impedes breathing or the circulation of blood; and
(b)
is likely to produce a loss of consciousness by:
(i)
applying pressure to the neck or throat of an individual; or
(ii)
obstructing the nose, mouth, or airway of an individual.
(48)
(46)
"Substantial bodily injury" means the same as that term is defined in Section
76-1-101.5
.
(49)
(47)
(a)
"Victim" means an individual who suffers bodily or psychological injury or
death as a direct result of:
(i)
criminally injurious conduct; or
(ii)
the production of
pornography
child sexual abuse material
in violation of
Section
76-5b-201
or
76-5b-201.1
if the individual is a minor.
(b)
"Victim" does not include an individual who participated in or observed the judicial
proceedings against an offender unless otherwise provided by statute or rule made in
accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act.
(50)
(48)
"Work loss" means loss of income from work the injured victim would have
performed if the injured victim had not been injured and expenses reasonably incurred
by the injured victim in obtaining services in lieu of those the injured victim would have
performed for income, reduced by any income from substitute work the injured victim
was capable of performing but unreasonably failed to undertake.
Section 120. Section
75E-5-102
is enacted to read:
75E-5-102
Effective
07/01/26
. Office for Victims of Crime -- Purpose.
(1)
There is created the Office for Victims of Crime within the department.
(2)
The purpose of the office is to assist victims of criminally injurious conduct who may
be eligible for assistance from the fund.
Section 121. Section
75E-5-103
, which is renumbered from Section 63M-7-507 is renumbered
and amended to read:
63M-7-507
75E-5-103
Effective
07/01/26
. Appointment of director.
(1)
The
executive director of the Commission on Criminal and Juvenile Justice
commissioner
shall appoint a director to carry out the provisions of this
part
chapter
.
(2)
The director shall:
(a)
be an experienced administrator with a background in at least one of the following
fields:
(i)
social work;
(ii)
psychology;
(iii)
criminal justice;
(iv)
law; or
(v)
another field related to the fields described in Subsections
(2)(a)(i)
through
(iv)
;
(b)
demonstrate an understanding of the needs of crime victims and of services to
victims; and
(c)
devote the director's time and capacity to the director's duties.
(3)
In addition to the requirements under Subsection (2), the director shall:
(a)
hire staff, including reparations and assistance officers, as necessary;
(b)
act when necessary as a reparations officer in deciding an initial reparations claim;
(c)
possess the same investigation and decision-making authority as the reparations
officers;
(d)
hear appeals from the decisions of the reparations officers, unless the director acted
as a reparations officer on the initial reparations claim;
(e)
serve as the public relations representative of the office;
(f)
provide for payment of all administrative salaries, fees, and expenses incurred by the
staff of the office, to be paid out of appropriations from the fund;
(g)
cooperate with the state treasurer and the state Division of Finance in causing the
funds in the fund to be invested and the fund's investments sold or exchanged and the
proceeds and income collected;
(h)
apply for, receive, allocate, disburse, and account for, subject to approval and in
conformance with policies adopted by the office, all grant funds made available by
the United States, the state, foundations, corporations, and other businesses, agencies,
or individuals;
(i)
obtain and utilize the services of other governmental agencies upon request; and
(j)
act in any other capacity or perform any other acts necessary for the office to
successfully fulfill the office's statutory duties and objectives.
(4)
The director may request assistance from the Commission on Criminal and Juvenile
Justice, the Department of Public Safety, and other state agencies in conducting research
or monitoring victims' programs.
Section 122. Section
75E-5-201
is enacted to read:
2. Office Responsibilities
75E-5-201
Effective
07/01/26
. Definitions for part.
Reserved.
Section 123. Section
75E-5-202
, which is renumbered from Section 63M-7-506 is renumbered
and amended to read:
63M-7-506
75E-5-202
Effective
07/01/26
. Duties of the office.
(1)
The office shall:
(a)
prescribe policy for the office;
(b)
under the direction of the
executive director of the Commission on Criminal and
Juvenile Justice
commissioner
,
adopt
make
rules to implement and administer this
part
chapter
in accordance with Title
63G, Chapter 3
, Utah Administrative
Rulemaking Act, which may include setting
of
ceilings on
reparations
compensation
, defining
of
terms not specifically stated in this
part
chapter
, and
establishing
of
rules governing attorney fees;
(c)
prescribe forms for applications for
reparations
compensation
;
(d)
render an annual report to the governor and the Legislature regarding the staff's
activities;
(e)
formulate standards for the uniform application of Section
63M-7-509
75E-5-305
,
taking into consideration the rates and amounts of
reparation
compensation
payable
for injuries and death under other laws of this state and the United States;
(f)
allocate money available in the fund to victims of criminally injurious conduct for
reparations
compensation
claims;
(g)
allocate money available to other victim services as provided by administrative rule
made in accordance with Title
63G, Chapter 3
, Utah Administrative Rulemaking Act,
once a sufficient reserve has been established for
reparation
compensation
claims;
and
(h)
as authorized by the
Commission on Criminal and Juvenile Justice
department
,
allocate and disburse funds made available to the office by the United States, the
state, foundations, corporations, or other entities or individuals to subgrantees from
private, non-profit, and governmental entities operating qualified statewide assistance
programs
.
; and
(i)
provide educational materials to a law enforcement agency to assist the law
enforcement agency with informing a victim of a sexual assault of the victim's right
to request testing of the victim and of the offender alleged to have committed the
sexual assault as described in Section
53-10-802
.
(2)
All rules, or other statements of policy, along with application forms specified by the
office, are binding upon the director, the
reparations officers
compensation specialists
,
assistance
officers
specialists
, and other staff.
Section 124. Section
75E-5-203
is enacted to read:
75E-5-203
Effective
07/01/26
. Director duties and powers.
(1)
The director shall:
(a)
hire staff, including compensation and assistance specialists, as necessary;
(b)
act when necessary as a compensation specialist in deciding an initial compensation
claim;
(c)
possess the same investigation and decision-making authority as the compensation
specialists;
(d)
hear appeals from the decisions of the compensation specialists, unless the director
acted as a compensation specialist on the initial compensation claim;
(e)
serve as the public relations representative of the office;
(f)
provide for payment of all administrative salaries, fees, and expenses incurred by the
staff of the office, to be paid out of appropriations from the fund;
(g)
cooperate with the state treasurer and the state Division of Finance in causing the
funds in the fund to be invested and the fund's investments sold or exchanged and the
proceeds and income collected;
(h)
apply for, receive, allocate, disburse, and account for, subject to approval and in
conformance with policies adopted by the office, all grant funds made available by
the United States, the state, foundations, corporations, and other businesses, agencies,
or individuals;
(i)
obtain and utilize the services of other governmental agencies upon request; and
(j)
act in any other capacity or perform any other acts necessary for the office to
successfully fulfill the office's statutory duties and objectives.
(2)
The director may request assistance from the department, the Commission on Criminal
and Juvenile Justice, the Department of Public Safety, and other state agencies in
conducting research or monitoring victims' programs.
Section 125. Section
75E-5-204
, which is renumbered from Section 63M-7-508 is renumbered
and amended to read:
63M-7-508
75E-5-204
Effective
07/01/26
. Staff duties.
The reparations officers shall in addition to any assignments made by the director
In
addition to any assignments made by the director, a compensation specialist shall
:
(1)
hear and determine all matters relating to a
reparations
compensation
claim and
reinvestigate or reopen a
reparations
compensation
claim without regard to statutes of
limitation or periods of prescription;
(2)
obtain from prosecuting attorneys, law enforcement officers, and other criminal justice
agencies, investigations and data to enable the
reparations officer
compensation
specialist
to determine whether and to what extent a claimant qualifies for
reparations
compensation
;
(3)
as determined necessary by the
reparations officers
compensation specialist
, hold
hearings, administer oaths or affirmations, examine any individual under oath or
affirmation, issue subpoenas requiring the attendance and giving of testimony of
witnesses, require the production of any books, papers, documents, or other evidence
which may contribute to the
reparations officer's
compensation specialist's
ability to
determine particular
reparation
compensation
awards;
(4)
determine who is a victim or dependent;
(5)
award
reparations
compensation
or other benefits determined to be due under this
part
chapter
and the rules of the office made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(6)
take notice of judicially recognized facts and general, technical, and scientific facts
within the
reparations officers'
compensation specialist's
specialized knowledge;
(7)
advise and assist in developing policies recognizing the rights, needs, and interests of
crime victims;
(8)
render periodic reports as requested by the Commission on Criminal and Juvenile
Justice concerning:
(a)
the
reparations officers'
compensation specialist's
activities; and
(b)
the manner in which the rights, needs, and interests of crime victims are being
addressed by the state's criminal justice system;
(9)
establish priorities for assisting elderly victims of crime or those victims facing
extraordinary hardships;
(10)
cooperate with the
State
Commission on Criminal and Juvenile Justice to develop
information regarding crime victims' problems and programs; and
(11)
assist the director in publicizing the provisions of the office, including the procedures
for obtaining
reparation
compensation
, and in encouraging law enforcement agencies,
health providers, and other related officials to take reasonable care to ensure that victims
are informed about the provisions of this
part
chapter
and the procedure for applying
for
reparation
compensation
.
Section 126. Section
75E-5-205
, which is renumbered from Section 63M-7-527 is renumbered
and amended to read:
63M-7-527
75E-5-205
Effective
07/01/26
. Records -- Requirements for release.
(1)
Notwithstanding Title 63G, Chapter 2, Government Records Access and Management
Act, a confidential record, a public restitution record, and a nonpublic restitution record
may only be disclosed as provided in this section.
(2)
A confidential record may be provided to:
(a)
the claimant who is the subject of the record if the record requested does not contain
mental health treatment information; or
(b)
the person who submitted the record to the office.
(3)
A confidential record may be used in:
(a)
a criminal investigation or prosecution when the office suspects that a
reparations
compensation
claim may be fraudulent; or
(b)
a subrogation action brought by the office in accordance with Section
63M-7-519
75E-5-311
.
(4)
(a)
The office may disclose a public restitution record for the purpose of carrying out
this
part
chapter
.
(b)
The office shall disclose a public restitution record to the Board of Pardons and
Parole for a restitution matter.
(5)
(a)
If the office requests restitution in a criminal case and the offender requests a
restitution hearing, the office shall provide a nonpublic restitution record to the court,
the prosecuting attorney, and counsel for the offender.
(b)
A person may not:
(i)
disseminate a nonpublic restitution record obtained under this Subsection
(5)
; or
(ii)
share a nonpublic restitution record with the offender unless the office and
claimant agree, in writing, to the disclosure.
(6)
Before the office may disclose a restitution record under Subsection
(4)
or
(5)
, the office
shall redact:
(a)
the name, not including the initials, of a minor or an individual who has been the
victim of a sexual assault;
(b)
the contact information of a claimant or a witness, including a physical address,
phone number, or email address;
(c)
a claimant's date of birth and social security number; and
(d)
any information that would jeopardize the health or safety of a claimant.
Section 127. Section
75E-5-206
, which is renumbered from Section 63M-7-515 is renumbered
and amended to read:
63M-7-515
75E-5-206
Effective
07/01/26
. Rulemaking -- Exemption from
Administrative Procedures Act.
(1)
Rules for procedures for contested determinations by a reparations officer shall be
adopted
The office shall make,
in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, rules for procedures for contested determinations by a
compensation specialist
.
(2)
The office is exempt from
Title 63G, Chapter 4, Administrative Procedures Act
.
Section 128. Section
75E-5-301
is enacted to read:
3. Victim Compensation
75E-5-301
Effective
07/01/26
. Definitions for part.
Reserved.
Section 129. Section
75E-5-302
, which is renumbered from Section 63M-7-526 is renumbered
and amended to read:
63M-7-526
75E-5-302
Effective
07/01/26
. Crime Victim Compensation Fund.
(1)
(a)
There is created an expendable special revenue fund known as the "Crime Victim
Reparations
Compensation
Fund" to be administered and distributed as provided in
this section by the office in cooperation with the Division of Finance.
(b)
The fund shall consist of:
(i)
appropriations by the Legislature; and
(ii)
funds collected under Subsections
(2)
and
(3)
.
(c)
Money deposited in this fund is for victim
reparations
compensation
, other victim
services, and, as appropriated, for administrative costs of the office.
(2)
(a)
A percentage of the income earned by inmates working for correctional industries
in a federally certified
private sector/prison industries
private sector prison industries
enhancement program shall be deposited in the fund.
(b)
The percentage of income deducted from inmate pay under Subsection
(2)(a)
shall be
determined by the executive director of the Department of Corrections in accordance
with the requirements of the
private sector/prison industries
private sector prison
industries
enhancement program.
(3)
(a)
Judges are encouraged to, and may in their discretion, impose additional
reparations
compensation
to be paid into the fund by convicted criminals.
(b)
The additional discretionary
reparations
compensation
may not exceed the statutory
maximum fine permitted by
Title 76, Utah Criminal Code
Title 76, Criminal
Offenses
, for that offense.
Section 130. Section
75E-5-303
, which is renumbered from Section 63M-7-525 is renumbered
and amended to read:
63M-7-525
75E-5-303
Effective
07/01/26
. Compensation award -- No right of
action.
(1)
(a)
The purpose of the office is to assist victims of criminally injurious conduct who
may be eligible for assistance from the fund.
(b)
Reparation to a victim under this part is limited to the money available in the fund.
(2)
(a)
The assistance program described in Subsection (1) is not an entitlement
program.
(b)
A reparations award may be limited or denied as determined appropriate by the
office.
(1)
Compensation to a victim under this chapter is:
(a)
limited to the money available in the fund; and
(b)
not an entitlement program.
(c)
(2)
Failure to grant a
reparations
compensation
award does not create a
cause
right
of
action against the office, the state, or any of
its
the state's
subdivisions
and there
.
(3)
There
is no right to judicial review over the decision
of
whether
or not
to grant a
reparations
compensation
award.
(3)
A cause of action based on a failure to give or receive the notice required by this part
does not accrue to any person against the state, any of its agencies or local subdivisions,
any of their law enforcement officers or other agents or employees, or any health care or
medical provider or its agents or employees nor does it affect or alter any requirement
for filing or payment of a reparations claim.
(4)
Failure to give or receive the notice required by this chapter does not:
(a)
create a cause of action against:
(i)
the state;
(ii)
a state agency or local subdivision;
(iii)
a law enforcement officer, agent, or employee of the state or local subdivision;
(iv)
a health care or medical provider; or
(v)
an agent or employee of a health care or medical provider; or
(b)
affect or alter a requirement for filing or paying a compensation claim.
Section 131. Section
75E-5-304
, which is renumbered from Section 63M-7-503 is renumbered
and amended to read:
63M-7-503
75E-5-304
Effective
07/01/26
. Compensation not to supplant
restitution -- Assignment of claim for restitution judgment to Compensation Office.
(1)
(a)
A
reparations
compensation
award may not supplant an order for restitution
under Title 77, Chapter 38b, Crime Victims Restitution Act, or under any other
provision of law.
(b)
An order for restitution may not be considered readily available as a collateral source
for a compensation award granted under this chapter.
(c)
Receipt of a compensation award under this chapter is considered an assignment of
the victim's rights to restitution from the offender.
(2)
The court may not reduce an order for restitution based on a
reparations
compensation
award.
(3)
(a)
(i)
If a victim receives a
reparations
compensation
award and the office is
assigned the victim's claim for restitution, or a portion of the victim's claim for
restitution, under Section
63M-7-519
75E-5-311
, the office may file with the
sentencing court a notice of restitution listing the amounts or estimated future
amounts of payments made or anticipated to be made to or on behalf of the victim.
(ii)
The office may provide a notice of restitution to the victim or victim's
representative before or at sentencing.
(iii)
The office's failure to provide notice under Subsection
(3)(a)(i)
or
(ii)
does not
invalidate the imposition of the judgment or an order for restitution if the
defendant is given the opportunity to object and be heard as provided in this
part
chapter
.
(b)
(i)
Any objection by the defendant to the imposition or amount of restitution under
Subsection
(3)(a)(i)
shall be:
(A)
made at the time of sentencing; or
(B)
made in writing within 20 days after the day on which the defendant receives
the notice described in Subsection
(3)(a)
and filed with the court and a copy
mailed to the office.
(ii)
Upon an objection, the court shall allow the defendant a hearing on the issue.
(iii)
After a hearing under Subsection
(3)(b)(ii)
, the court shall:
(A)
enter an order for restitution in accordance with Section
77-38b-205
; and
(B)
identify the office as an assignee for the order for restitution.
(iv)
Subject to the right of the defendant to object, the amount of restitution sought by
the office may be updated and the office identified as an assignee of an order for
restitution in accordance with the time periods established under Section
77-38b-205
.
(4)
If no objection is made or filed by the defendant under Subsection
(3)
, the court shall
upon conviction and sentencing:
(a)
enter an order for restitution in accordance with Section
77-38b-205
; and
(b)
identify the office as an assignee for the order for restitution.
(5)
(a)
If the notice of restitution is filed after sentencing but during the term of probation
or parole, the court shall:
(i)
modify any order for restitution to include expenses paid by the office on behalf of
the victim in accordance with Section
77-38b-205
; and
(ii)
identify the office as an assignee of the order for restitution.
(b)
If an order for restitution has not been entered, the court shall:
(i)
enter an order for restitution in accordance with Section
77-38b-205
; and
(ii)
identify the office as an assignee of the order for restitution.
Section 132. Section
75E-5-305
, which is renumbered from Section 63M-7-509 is renumbered
and amended to read:
63M-7-509
75E-5-305
Effective
07/01/26
. Grounds for eligibility.
(1)
A victim is eligible for a
reparations
compensation
award under this
part
chapter
if:
(a)
the claimant is:
(i)
a victim of criminally injurious conduct;
(ii)
a dependent of a deceased victim of criminally injurious conduct; or
(iii)
a representative acting on behalf of one of the above;
(b)
(i)
the criminally injurious conduct occurred in Utah; or
(ii)
the victim is a Utah resident who suffers injury or death as a result of criminally
injurious conduct inflicted in a state, territory, or country that does not provide a
crime victims' compensation program;
(c)
the application is made in writing in a form that conforms substantially to that
prescribed by the office;
(d)
the criminally injurious conduct is reported to a law enforcement officer, in the law
enforcement officer's capacity as a law enforcement officer, or another federal or
state investigative agency;
(e)
the claimant or victim cooperates with the appropriate law enforcement agencies and
prosecuting attorneys in efforts to apprehend or convict the perpetrator of the alleged
offense; and
(f)
the criminally injurious conduct occurred after December 31, 1986.
(2)
A
reparations
compensation
award may be made to a victim regardless of whether any
individual is arrested, prosecuted, or convicted of the criminally injurious conduct
giving rise to a
reparations
compensation
claim.
(3)
(a)
Notwithstanding the requirements of Subsections
(1)(d)
and
(e)
, a victim of sexual
assault is not required to report the sexual assault to a law enforcement officer or
another federal or state investigative agency or cooperate with the appropriate law
enforcement agencies and prosecuting attorneys to be eligible for a
reparations
compensation
award under this section if:
(i)
the victim seeks assistance from an advocacy services provider, a criminal justice
system victim advocate, or a nongovernment organization victim advocate; and
(ii)
the advocacy services provider, the criminal justice system victim advocate, or
the nongovernment organization victim advocate completes a questionnaire,
provided by the office, regarding the sexual assault.
(b)
Notwithstanding the requirement of Subsection
(1)(e)
, a victim who has suffered
strangulation in the course of interpersonal violence is not required to cooperate with
the appropriate law enforcement agencies and prosecuting attorneys to be eligible for
a
reparations
compensation
award under this section if the victim:
(i)
reports the strangulation to a law enforcement officer or another federal or state
investigative agency after the strangulation occurs; or
(ii)
seeks medical care for the strangulation immediately after the strangulation
occurs.
Section 133. Section
75E-5-306
, which is renumbered from Section 63M-7-510 is renumbered
and amended to read:
63M-7-510
75E-5-306
Effective
07/01/26
. Ineligible individuals -- Fraudulent
compensation claims -- Penalties.
(1)
The following individuals are not eligible to receive a
reparations
compensation
award:
(a)
an individual who does not meet all of the provisions set forth in Section
63M-7-509
75E-5-305
;
(b)
the offender;
(c)
an accomplice of the offender;
(d)
an individual whose receipt of a
reparations
compensation
award would unjustly
benefit the offender, accomplice, or another individual reasonably suspected of
participating in the offense;
(e)
the victim of a motor vehicle injury who was the owner or operator of the motor
vehicle and was not at the time of the injury in compliance with the state motor
vehicle insurance laws;
(f)
a convicted offender serving a sentence of imprisonment in any prison or jail or
residing in any other correctional facility;
(g)
an individual who is on probation or parole if the circumstances surrounding the
offense of which the individual is a victim is a violation of the individual's probation
or parole;
(h)
an individual whose injuries are the result of criminally injurious conduct that
occurred in a prison, jail, or another correctional facility while the individual was
incarcerated; and
(i)
an individual who:
(i)
submits a fraudulent claim; or
(ii)
misrepresents a material fact in requesting a
reparations
compensation
award.
(2)
(a)
An individual may not knowingly:
(i)
submit a fraudulent claim; or
(ii)
misrepresent a material fact in requesting a
reparations
compensation
award.
(b)
A violation of Subsection
(2)(a)
is:
(i)
a class B misdemeanor if:
(A)
the individual who violates Subsection
(2)(a)
does not receive a
reparations
compensation
award; or
(B)
the value of the
reparations
compensation
award received is less than $500;
(ii)
a class A misdemeanor if the value of the
reparations
compensation
award
received is or exceeds $500 but is less than $1,500;
(iii)
a third degree felony if the value of the
reparations
compensation
award
received is or exceeds $1,500 but is less than $5,000; and
(iv)
a second degree felony if the value of the
reparations
compensation
award
received is or exceeds $5,000.
(3)
The
state
attorney general may prosecute violations under this section or may make
arrangements with county or city attorneys for the prosecution of violations under this
section when the attorney general cannot conveniently prosecute.
(4)
(a)
A claimant who is not eligible to receive a
reparations
compensation
award under
Subsection
(1)
but receives a
reparations
compensation
award shall reimburse the
fund for the amount of the
reparations
compensation
award.
(b)
The office may bring a civil action against a victim who does not reimburse the fund
for the amount of the
reparations
compensation
award in accordance with
Subsection
(4)(a)
.
Section 134. Section
75E-5-307
, which is renumbered from Section 63M-7-517 is renumbered
and amended to read:
63M-7-517
75E-5-307
Effective
07/01/26
. Compensation award process --
Additional testing -- Failure to comply -- Waiver of privilege.
(1)
(a)
If the mental, physical, or emotional condition of a victim is material to a
reparations
compensation
claim, the
reparations officer
compensation specialist
,
director, or the assistant director
reparations
compensation
program manager who
hears the
reparations
compensation
claim or the appeal may order the claimant to
submit to a mental or physical examination by a physician or psychologist and may
recommend to the court to order an autopsy of a deceased victim.
(2)
(b)
The court may order an additional examination for good cause shown and shall
provide notice to the individual to be examined and the individual's representative.
(3)
(c)
All reports from additional examinations shall set out findings, including results
of all tests made, diagnoses, prognoses, other conclusions, and reports of earlier
examinations of the same conditions.
(4)
(d)
A copy of the report shall be made available to the victim or the representative
of the victim unless dissemination of that copy is prohibited by law.
(2)
If an individual refuses to comply with an order under this chapter or asserts a privilege,
except privileges arising from the attorney-client relationship, to withhold or suppress
evidence relevant to a compensation claim, the director or compensation specialist may
make any appropriate determination, including denial of the compensation claim.
(3)
(a)
A victim who is a claimant waives any privilege as to communications or records
relevant to an issue of the physical, mental, or emotional conditions of the victim
except for the attorney-client privilege.
(b)
The waiver described in Subsection
(3)(a)
applies only to compensation specialists,
the director, the assistant director compensation program manager, and legal counsel.
(c)
A claimant may be required to supply any additional medical or psychological
reports available relating to the injury or death for which compensation is claimed.
(d)
The compensation specialist hearing a compensation claim or an appeal from a
compensation claim shall make available to the claimant a copy of the report.
(e)
If the victim is deceased, the director or the director's appointee, on request, shall
furnish the claimant a copy of the report unless dissemination of that copy is
prohibited by law.
Section 135. Section
75E-5-308
, which is renumbered from Section 63M-7-529 is renumbered
and amended to read:
63M-7-529
75E-5-308
Effective
07/01/26
. Determination of eligibility for
victim compensation -- Law enforcement agency to provide investigative reports --
Restrictions on usage -- Criminal penalty.
(1)
(a)
Notwithstanding Section
63G-2-206
, and subject to Subsection
(1)(c)
, a law
enforcement agency shall provide a copy of an investigative report that describes the
facts and circumstances of a criminal episode within 10 business days of the date the
law enforcement agency receives a request for that information from the office.
(b)
Before releasing an investigative report, the law enforcement agency may redact the
following information:
(i)
the name of:
(A)
an undercover officer; or
(B)
a confidential informant; and
(ii)
any information that would:
(A)
jeopardize the investigation; or
(B)
disclose law enforcement techniques not generally known to the public.
(c)
If a criminal episode remains under investigation when the office requests an
investigative report and the law enforcement agency determines that release of an
investigative report at that time would jeopardize the investigation, a law
enforcement agency may provide a detailed description of the following information,
instead of providing an investigative report, within 10 business days of the date the
law enforcement agency received the original request from the office:
(i)
the law enforcement agency's case number;
(ii)
the location where the criminal episode occurred;
(iii)
the criminal conduct under investigation;
(iv)
a summary of the criminal episode;
(v)
verification that the claimant is a victim of the criminal conduct;
(vi)
any information regarding whether the claimant's conduct may have contributed
to the criminal conduct; and
(vii)
whether the claimant was and continues to be cooperative with law enforcement.
(d)
An investigative report provided under Subsection
(1)(a)
, or information provided
under Subsection
(1)(c)
, shall contain sufficient information for the office to
determine whether a claimant is eligible for a
reparations
compensation
award under
Sections
63M-7-509
75E-5-305
and
63M-7-510
75E-5-306
.
(e)
If an investigative report or information provided to the office by a law enforcement
agency is not sufficient for the office to determine whether a claimant is eligible for a
reparations
compensation
award, the office may contact the law enforcement agency
for additional information.
(f)
(i)
A law enforcement agency may give written notice that a request may take up
to an additional 10 business days to process if exigent circumstances exist, which
include:
(A)
a circumstance
where
in which
another agency is using relevant documents;
(B)
a circumstance in which
the request requires review of a voluminous amount
of documents;
(C)
a circumstance in which
the request requires legal review;
(D)
a circumstance in which
the request requires extensive redaction;
(E)
a circumstance in which
the law enforcement agency is currently processing
multiple requests; or
(F)
any
other exigent
circumstances
circumstance
.
(ii)
Notice of an extended response time shall include the type of exigent
circumstances involved and the new due date for the response.
(2)
(a)
An investigative report provided under this section may only be used for the
purpose of carrying out the provisions of this
part
chapter
.
(b)
An investigative report received under this section:
(i)
may only be viewed by the office and legal counsel for the office; and
(ii)
may not be further disclosed or disseminated for any reason.
(3)
The office shall dispose of or retain an investigative report received under this section in
a secure manner.
(4)
An investigative report provided to the office under this section is not subject to the
provisions of Title
63G, Chapter 2
, Government Records Access and Management Act.
(5)
A public employee or other person who knowingly or intentionally uses or distributes
an investigative report, or information received from an investigative report, in violation
of the requirements of Subsection
(2)
is guilty of a class B misdemeanor.
Section 136. Section
75E-5-309
, which is renumbered from Section 63M-7-511 is renumbered
and amended to read:
63M-7-511
75E-5-309
Effective
07/01/26
. When a compensation award may
be granted -- Limitations.
A reparations award under this part may be made if:
(1)
The office may grant a compensation award if:
(1)
(a)
the
reparations officer
compensation specialist
finds the
reparations
compensation
claim satisfies the requirements for the
reparations
compensation
award under the provisions of this
part
chapter
and the rules of the office;
(2)
(b)
money is available in the fund;
(3)
(c)
the individual for whom the
reparations
compensation
award is to be paid is
otherwise eligible under this
part
chapter
; and
(4)
(d)
the
reparations
compensation
claim is for an allowable expense incurred by the
victim, as follows:
(a)
(i)
reasonable and necessary charges incurred for products, services, and
accommodations;
(b)
(ii)
inpatient and outpatient medical treatment and physical therapy, subject to
rules made by the office in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(c)
(iii)
mental health counseling that:
(i)
(A)
is set forth in a mental health treatment plan that is approved before any
payment is made by a
reparations officer
compensation specialist
; and
(ii)
(B)
qualifies within any further rules made by the office in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(d)
(iv)
actual loss of past earnings and anticipated loss of future earnings because of
a death or disability resulting from the personal injury at a rate not to exceed
66-2/3% of the individual's weekly gross salary or wages or the maximum amount
allowed under the state workers' compensation statute;
(e)
(v)
care of minor children enabling a victim or spouse of a victim, but not both,
to continue gainful employment at a rate per child per week as determined under
rules established by the office in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(f)
(vi)
funeral and burial expenses for death caused by the criminally injurious
conduct, subject to rules made by the office in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act;
(g)
(vii)
loss of support to a dependent not otherwise compensated for a pecuniary
loss for personal injury, for as long as the dependence would have existed had the
victim survived, at a rate not to exceed 66-2/3% of the individual's weekly salary
or wages or the maximum amount allowed under the state workers' compensation
statute, whichever is less;
(h)
(viii)
personal property necessary and essential to the health or safety of the
victim as defined by rules made by the office in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act;
(i)
(ix)
medical examinations, subject to rules made by the office in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which may allow for
exemptions from
Sections
63M-7-509
,
63M-7-512
, and
63M-7-513
Section
75E-5-305
and Subsections
(2)
,
75E-5-304(1)(b)
,
75E-5-304(1)(c)
,
75E-5-311(4)
,
75E-5-311(6)
,
75E-5-311(7)
, and
75E-5-311(8)
; and
(j)
(x)
for a victim of sexual assault who becomes pregnant from the sexual assault,
health care:
(i)
(A)
for the victim during the duration of the victim's pregnancy if the health
care is related to or resulting from the sexual assault or the pregnancy; and
(ii)
(B)
for the victim and the victim's child for one year after the day on which
the victim's child is born.
(2)
(a)
The office may reduce or deny a compensation award otherwise payable to a
claimant if:
(i)
the economic loss upon which the claim is based has been or could be recouped
from other persons, including collateral sources;
(ii)
the compensation specialist considers the compensation claim unreasonable
because of the misconduct of the claimant; or
(iii)
the victim did not use a facility or health care provider that would be covered by
a collateral source.
(b)
When two or more dependents are entitled to a compensation award as a result of a
victim's death, the compensation specialist shall apportion the compensation award
among the dependents.
(3)
(a)
If a compensation specialist determines that a claimant will suffer financial
hardship unless an emergency compensation award is made, and a final
compensation award appears likely, the office may pay an amount to the claimant, to
be deducted from the final compensation award or repaid by and recoverable from
the claimant to the extent that the payment exceeds the final compensation award.
(b)
The office may limit emergency compensation awards under Subsection
(3)(a)
to any
amount the office considers necessary.
(4)
(a)
Except as provided in Subsection
(4)(b)
, a compensation award may not exceed
$25,000 including any compensation award for a secondary victim.
(b)
A compensation award for medical expenses resulting from serious bodily injury or
substantial bodily injury may not exceed $50,000.
(5)
Unless otherwise requested by the claimant, the office shall pay a compensation award
for the victim before a compensation award for a secondary victim.
(6)
The compensation specialist shall determine the priority of payment among multiple
secondary victims on a single compensation claim.
Section 137. Section
75E-5-310
, which is renumbered from Section 63M-7-514 is renumbered
and amended to read:
63M-7-514
75E-5-310
Effective
07/01/26
. Notification of claimant --
Suspension of proceedings.
(1)
(a)
The office shall immediately notify the claimant in writing of a
reparations
compensation
award and shall forward to the Division of Finance a certified copy of
the
reparations
compensation
award and a warrant request for the amount of the
reparations
compensation
award.
(b)
The Division of Finance shall pay the claimant the amount submitted to the division,
out of the fund.
(c)
If money in the fund is temporarily depleted, the office shall place claimants
approved to receive a
reparations
compensation
award on a waiting list and provide
the
reparations
compensation
awards as funds are available in the order in which the
reparations
compensation
awards are approved.
(2)
The
reparations officer
compensation specialist
may suspend the proceedings pending
disposition of a criminal prosecution that is commenced or is imminent.
Section 138. Section
75E-5-311
, which is renumbered from Section 63M-7-519 is renumbered
and amended to read:
63M-7-519
75E-5-311
Effective
07/01/26
. Acceptance of a compensation
award -- Assignment of recovery -- Reimbursement.
(1)
(a)
By accepting a
reparations
compensation
award,
the
a
victim:
(i)
automatically assigns to the office any claim the victim may have relating to
criminally injurious conduct in the
reparations
compensation
claim; and
(ii)
is required to reimburse the office if the victim recovers any money relating to the
criminally injurious conduct.
(b)
The office's right of assignment and reimbursement under Subsection
(1)(a)
is
limited to the lesser of:
(i)
the amount paid by the office; or
(ii)
the amount recovered by the victim from the third party.
(c)
The office may be reimbursed under Subsection
(1)(a)
regardless of whether the
office exercises the office's right of assignment under Subsection
(1)(a)
.
(2)
The
executive director of the Commission on Criminal and Juvenile Justice
commissioner
, with the concurrence of the director, may reduce the office's right of
reimbursement if the
executive director
commissioner
determines that:
(a)
the reduction will benefit the fund; or
(b)
the victim has ongoing expenses related to the offense upon which the
reparations
compensation
claim is based and the benefit to the victim of reducing the office's
right of reimbursement exceeds the benefit to the office of receiving full
reimbursement.
(3)
The office reserves the right to make a claim for reimbursement on behalf of the victim
and the victim may not impair the office's claim or the office's right of reimbursement
.
(4)
The victim may not discharge a claim against an individual or entity without the office's
written permission.
(5)
The victim may not impair the office's:
(a)
claim; or
(b)
right of reimbursement.
(6)
The victim shall fully cooperate with the office in pursuing the office's right of
reimbursement, including providing the office with any evidence in the victim's
possession.
(7)
The office's right of reimbursement applies regardless of whether the victim is fully
compensated for the victim's losses.
(8)
Notwithstanding Subsection
75E-5-309(2)(a)(i)
, a victim of a sexual offense who
requests testing of the victim's self may be reimbursed for the costs of the HIV test only
as provided in Subsection
53-10-803(4)
.
Section 139. Section
75E-5-312
, which is renumbered from Section 63M-7-521 is renumbered
and amended to read:
63M-7-521
75E-5-312
Effective
07/01/26
. Payment of a compensation award
-- Claims against the award -- Review.
(1)
(a)
Except as provided in Subsection
(1)(b)
, a
reparations officer
compensation
specialist
may provide for the payment of a
reparations
compensation
award in a
lump sum or in installments.
(b)
(i)
The
reparations officer
compensation specialist
shall pay the part of a
reparations
compensation
award equal to the amount of economic loss accrued to
the date of the
reparations
compensation
award in a lump sum.
(ii)
A
reparations officer
compensation specialist
may not pay allowable expense
that would accrue after an initial
reparations
compensation
award is made in a
lump sum.
(iii)
Except as provided in Subsection
(2)
, a
reparations officer
compensation
specialist
shall award the part of a
reparations
compensation
award that may not
be paid in a lump sum under this Subsection
(1)(b)
in installments.
(2)
At the request of the claimant, the
reparations officer
compensation specialist
may
convert future economic loss installment payments, other than allowable expense, to a
lump sum payment, discounted to present value, but only upon a finding by the
reparations officer
compensation specialist
that the
reparations
compensation
award in
a lump sum will promote the interests of the claimant.
(3)
(a)
A
reparations
compensation
award for future economic loss payable in
installments may be made only for a period for which the
reparations officer
compensation specialist
can reasonably determine future economic loss.
(b)
The
reparations officer
compensation specialist
may reconsider and modify a
reparations
compensation
award for future economic loss payable in installments,
upon the
reparations officer's
compensation specialist's
finding that a material and
substantial change of circumstances has occurred.
(4)
A
reparations
compensation
award is not subject to execution, attachment, or
garnishment, except that a
reparations
compensation
award for allowable expense is not
exempt from a claim of a creditor to the extent that the creditor provided products,
services, or accommodations, the costs of which are included in the
reparations
compensation
award.
(5)
An assignment or agreement to assign a
reparations
compensation
award for loss
accruing in the future is unenforceable, except:
(a)
an assignment of a
reparations
compensation
award of
reparations
compensation
for work loss to secure payment of alimony, maintenance, or child support;
(b)
an assignment of a
reparations
compensation
award for allowable expense to the
extent that the benefits are for the cost of products, services, or accommodations
necessitated by the injury or death on which the
reparations
compensation
claim is
based and are provided or to be provided by the assignee; or
(c)
an assignment to repay a loan obtained to pay for the obligations or expenses
described in Subsection
(5)(a)
or
(b)
.
(6)
(a)
A compensation specialist shall review at least annually every compensation
award being paid in installments.
(b)
An order on review of a compensation award does not require refund of amounts
previously paid unless the compensation award was obtained by fraud or a material
mistake of fact.
Section 140. Section
75E-5-313
, which is renumbered from Section 63M-7-521.5 is renumbered
and amended to read:
63M-7-521.5
75E-5-313
Effective
07/01/26
. Payments to medical service
providers.
(1)
(a)
Except as provided in Subsection
(2)
, a medical service provider who accepts
payment from the office
:
(i)
shall agree to accept payments as payment in full on behalf of the victim or
claimant
;
and
(ii)
may not attempt to collect further payment from the victim or the claimant for
services for which the office has made payment.
(b)
In the event
If
the office is unable to make full payment in accordance with the
office's rules, the medical service provider may collect from the victim or claimant,
but not more than the amount the provider would have received from the office.
(2)
(a)
When a medical service provider receives notice that a
reparations
compensation
claim has been filed, the medical service provider may not, before the office
determines whether to issue a
reparations
compensation
award, engage in debt
collection for the claim, including:
(i)
repeatedly calling or writing to a victim and threatening to refer unpaid health care
costs to a debt collection agency, attorney, or other person for collection; or
(ii)
filing for or pursuing a legal remedy for payment of unpaid health care costs.
(b)
The statute of limitations for collecting a debt is tolled during the time in which a
request for a
reparations
compensation
award is being reviewed by the office.
(3)
The office may:
(a)
use the fee schedule utilized by the Utah Public Employees Health Plan or any other
fee schedule adopted by the office; and
(b)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, necessary to implement the fee schedule adopted in accordance
with this section.
Section 141. Section
75E-5-314
, which is renumbered from Section 63M-7-524 is renumbered
and amended to read:
63M-7-524
75E-5-314
Effective
07/01/26
. Attorney fees.
(1)
The claims procedures shall be sufficiently simple that the assistance of an attorney is
unnecessary, and no attorney fees may be paid for the assistance of an attorney or any
other representative in filing the
reparations
compensation
claim or providing
information to the
reparations officer
compensation specialist
.
(2)
Attorney fees may be granted in the following circumstances and shall be paid out of
the
reparations
compensation
award not to exceed 15% of the amount of the
reparations
compensation
award:
(a)
when a
reparations
compensation
award is denied and, after a hearing, the decision
to deny is overturned; or
(b)
when minor dependents of a deceased victim require assistance in establishing a trust
or determining a guardian.
(3)
(a)
An attorney or any other person providing assistance in a
reparations
compensation
claim, who contracts for or receives sums not allowed under this
part
chapter
, is guilty of a class B misdemeanor.
(b)
This Subsection
(3)
does not apply to attorneys who assist the victim in filing a civil
action against the perpetrator.
Section 142. Section
75E-6-101
, which is renumbered from Section 63M-7-901 is renumbered
and amended to read:
6. Victim Services Commission
1. General Provisions
63M-7-901
75E-6-101
Effective
07/01/26
. Definitions for chapter.
As used in this
part
chapter
:
(1)
"Commission" means the
Utah
Victim Services Commission.
(2)
"Criminal justice system victim advocate" means the same as that term is defined in
Section
77-38-403
.
(3)
"Member" means a member of the
Utah
Victim Services Commission.
(4)
"State domestic violence coalition" means the same as that term is defined in 45 C.F.R.
Sec. 1370.2.
(5)
"State sexual assault coalition" means the same as that term is defined in 34 U.S.C. Sec.
12291.
(6)
"Tribal coalition" means the same as that term is defined in 34 U.S.C. Sec. 12291.
(7)
"Victim Services Restricted Account" means the account created in Section
63M-7-219
75E-2-305
.
Section 143. Section
75E-6-102
, which is renumbered from Section 63M-7-902 is renumbered
and amended to read:
63M-7-902
75E-6-102
Effective
07/01/26
Repealed
07/01/29
. Creation --
Membership -- Terms -- Vacancies -- Expenses.
(1)
There is created the
Utah
Victim Services Commission within the
State Commission
on Criminal and Juvenile Justice
department
.
(2)
The commission is composed of the following members:
(a)
the executive director of the
State
Commission on Criminal and Juvenile Justice or
the executive director's designee;
(b)
the director of the
Utah
Office for Victims of Crime or the director's designee;
(c)
the executive director of the Department of Corrections or the executive director's
designee;
(d)
the director of the Division of Multicultural Affairs or the director's designee;
(e)
the executive director of the state sexual assault coalition for this state or the
executive director's designee;
(f)
the executive director of the state domestic violence coalition for this state or the
executive director's designee;
(g)
the executive director of the tribal coalition for this state or the executive director's
designee;
(h)
the director of the Children's Justice Center Program in the Office of the Attorney
General or the director's designee;
(i)
the attorney general or the attorney general's designee;
(j)
the commissioner of the Department of Public Safety or the commissioner's designee;
(k)
a criminal justice system
based
victim
advocate, appointed by the governor with the
advice and consent of the Senate;
(l)
a prosecuting attorney, appointed by the governor with the advice and consent of the
Senate;
(m)
a criminal defense attorney, appointed by the governor with the advice and consent
of the Senate;
(n)
a law enforcement representative from the Utah Sheriffs Association or Utah Chiefs
of Police Association, appointed by the governor with the advice and consent of the
Senate; and
(o)
an individual who is a current representative from the House of Representatives or
senator from the Senate, appointed jointly by the speaker of the House of
Representatives and president of the Senate.
(3)
(a)
A member appointed under Subsections
(2)(k)
through
(o)
shall serve a four-year
term.
(b)
A member appointed to serve a four-year term is eligible for reappointment.
(c)
The governor's reappointment of a member under Subsections
(2)(k)
through
(n)
shall be made with the advice and consent of the Senate.
(4)
When a vacancy occurs in the membership of the commission for any reason, the
applicable appointing authority shall, in accordance with any procedure described in
Subsection
Subsections
(2)(a)
through (o), appoint a replacement for the unexpired term.
(5)
Except as otherwise provided in Subsection
(6)
, a member may not receive
compensation for the member's service but may receive per diem and reimbursement for
travel expenses incurred as a member at the rates established by:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance
according to
in accordance with
Sections
63A-3-106
and
63A-3-107
.
(6)
A member may not receive per diem or reimbursement for travel expenses under
Subsection
(5)
if the member is being paid by a governmental entity while performing
the member's service on the commission.
Section 144. Section
75E-6-103
, which is renumbered from Section 63M-7-903 is renumbered
and amended to read:
63M-7-903
75E-6-103
Effective
07/01/26
. Chair and vice chair -- Procedure --
Subcommittees.
(1)
(a)
Except as provided in Subsection
(1)(b)
, the governor shall appoint, with the
advice and consent of the Senate, a chair from among the membership of the
commission.
(b)
A member who is a legislator may not be appointed as the chair of the commission.
(c)
The chair of the commission shall serve a two-year term.
(2)
(a)
The members of the commission shall elect a vice chair from among the
membership of the commission.
(b)
The vice chair of the commission shall serve a two-year term.
(c)
A member who is a legislator may not be elected as the vice chair of the commission.
(3)
(a)
A majority of the members of the commission constitutes a quorum.
(b)
The action of a majority of a quorum constitutes the action of the commission.
(4)
The commission shall meet quarterly or more frequently as determined necessary by the
chair.
(5)
The commission shall establish:
(a)
a subcommittee focused on domestic violence that is co-chaired by:
(i)
the executive director of the state domestic violence coalition for this state or the
executive director's designee; and
(ii)
the executive director of the tribal coalition for this state or the executive
director's designee;
(b)
a subcommittee focused on rape and sexual assault that is co-chaired by:
(i)
the executive director of the state sexual assault coalition for this state or the
executive director's designee; and
(ii)
the executive director of the tribal coalition for this state or the executive
director's designee;
(c)
a subcommittee focused on child abuse that is chaired by the chair of the Children's
Justice Center Standing Committee or the chair's designee;
(d)
a subcommittee focused on multicultural communities with distinct victimization
issues that is chaired by the director of Division of Multicultural Affairs or the
director's designee; and
(e)
any other subcommittee as needed to assist the commission in accomplishing the
duties of the commission, including an executive subcommittee.
(6)
Except as otherwise provided in Subsection
(5)
, the commission may:
(a)
appoint to a subcommittee any member of the commission or any other individual
with subject-matter expertise that is relevant to a subcommittee's focus and purpose;
(b)
appoint the chair of any subcommittee; and
(c)
establish the focus and purpose of a subcommittee.
Section 145. Section
75E-6-201
is enacted to read:
2. Commission Responsibilities
75E-6-201
Effective
07/01/26
. Definitions for part.
Reserved.
Section 146. Section
75E-6-202
, which is renumbered from Section 63M-7-904 is renumbered
and amended to read:
63M-7-904
75E-6-202
Effective
07/01/26
. Duties of the commission -- Report.
(1)
The commission shall:
(a)
advocate for the adoption, repeal, or modification of laws or proposed legislation in
the interest of victims of crime;
(b)
make recommendations to the Legislature, the governor, and the Judicial Council on
the following:
(i)
enforcing existing rights of victims of crime;
(ii)
enhancing rights of victims of crime;
(iii)
the role of victims of crime in the criminal justice system;
(iv)
victim restitution;
(v)
educating and training criminal justice professionals on the rights of victims of
crime; and
(vi)
enhancing services to victims of
crimes
crime
; and
(c)
provide training on the rights of victims of crime.
(2)
The commission shall, in partnership with state agencies and organizations, including
the Children's Justice Center Program, the
Utah
Office for Victims of Crime, and the
Division of Child and Family Services:
(a)
review and assess the duties and practices of the
State
Commission on Criminal and
Juvenile Justice regarding services and criminal justice policies pertaining to victims;
(b)
encourage and facilitate the development and coordination of trauma-informed
services for crime victims throughout the state;
(c)
encourage and foster public and private partnerships for the purpose of:
(i)
assessing needs for crime victim services throughout the state;
(ii)
developing crime victim services and resources throughout the state; and
(iii)
coordinating crime victim services and resources throughout the state;
(d)
generate unity for ongoing efforts to reduce and eliminate the impact of crime on
victims through a comprehensive and evidence-based prevention, treatment, and
justice strategy;
(e)
recommend and support the creation, dissemination, and implementation of statewide
policies and plans to address crimes, including domestic violence, sexual violence,
child abuse, and driving under the influence of drugs and alcohol;
(f)
collect information on statewide funding for crime victim services and prevention
efforts, including the sources, disbursement, and outcomes of statewide funding for
crime victim services and prevention efforts;
(g)
consider recommendations from any subcommittee of the commission; and
(h)
make recommendations regarding:
(i)
the duties and practices of the
State Commission on Criminal and Juvenile Justice
department
to ensure that:
(A)
crime victims are a vital part of the criminal justice system of the state;
(B)
all crime victims and witnesses are treated with dignity, respect, courtesy, and
sensitivity; and
(C)
the rights of crime victims and witnesses are honored and protected by law in
a manner no less vigorous than protections afforded to criminal defendants; and
(ii)
statewide funding for crime victim services and prevention efforts.
(3)
The commission may:
(a)
subject to court rules and the governor's approval, advocate in an appellate court on
behalf of a victim of crime;
(b)
recommend to the Legislature the services to be funded by the Victim Services
Restricted Account;
(c)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, regarding the process by which a victim, or a representative of a
victim, may submit a complaint alleging a violation of the victim's rights; and
(d)
review any action taken by a victim rights committee created in accordance with
Section
63M-7-1002
75E-6-302
.
(4)
The commission shall report the commission's recommendations annually to
the
department,
the
State
Commission on Criminal and Juvenile Justice, the governor, the
Judicial Council, the Criminal Justice Appropriations Subcommittee, the Health and
Human Services Interim Committee, the Judiciary Interim Committee, and the Law
Enforcement and Criminal Justice Interim Committee.
(5)
When taking an action or making a recommendation, the commission shall respect that
a state agency is bound to follow state law and may have duties or responsibilities
imposed by state law.
Section 147. Section
75E-6-301
, which is renumbered from Section 63M-7-1001 is renumbered
and amended to read:
3. Victim Rights Committees
63M-7-1001
75E-6-301
Effective
07/01/26
. Definitions for part.
As used in this part:
(1)
"Committee" means a victim rights committee established in each judicial district as
described in Section
63M-7-1002
75E-6-302
.
(2)
"Victim Services Commission" means the Utah Victim Services Commission
established in Section
63M-7-902
.
(3)
(2)
(a)
"Criminal justice agency" means an agency that is directly involved in the
apprehension, prosecution, incarceration, or supervision of an individual involved in
criminal conduct.
(b)
"Criminal justice agency" includes:
(i)
a law enforcement agency as defined in Section
63M-7-502
75E-5-101
;
(ii)
a prosecuting agency;
(iii)
the Department of Corrections created in Section
64-13-2
; or
(iv)
the Board of Pardons and Parole created in Section
77-27-2
.
(4)
(3)
"Member" means an individual appointed to a committee.
(5)
(4)
"Representative of a victim" means the same as that term is defined in Section
77-38-2
.
(6)
(5)
(a)
"Victim" means an individual against whom criminal conduct has allegedly
been committed.
(b)
"Victim" does not include an individual who is an accomplice or codefendant to
criminal conduct.
(7)
(6)
"Victim advocate" means the same as that term is defined in Section
77-37-403
77-38-403
.
(8)
(7)
"Victim's rights" means the rights afforded to a victim under Title 77, Chapter 37,
Victims' Rights, Title 77, Chapter 38, Crime Victims, and Utah Constitution, Article I,
Section 28.
Section 148. Section
75E-6-302
, which is renumbered from Section 63M-7-1002 is renumbered
and amended to read:
63M-7-1002
75E-6-302
Effective
07/01/26
. Victim rights committee for each
judicial district -- Members -- Terms.
(1)
There is created a victim rights committee in each judicial district of this state.
(2)
The
Victim Services Commission
commission
shall appoint a chair to serve on each
committee.
(3)
The chair shall appoint, with the
Victim Services Commission's
commission's
consent,
the following individuals to serve on each committee:
(a)
a county or district attorney within the judicial district, or the county or district
attorney's designee;
(b)
a municipal attorney within the judicial district, or the municipal attorney's designee;
(c)
a sheriff within the judicial district, or the sheriff's designee;
(d)
a chief of police within the judicial district, or the chief of police's designee;
(e)
a representative of the Division of Adult Probation and Parole created in Section
64-14-202
;
(f)
a victim advocate; and
(g)
any other representative as appropriate.
(4)
A member is:
(a)
appointed to serve a four-year term; and
(b)
eligible for reappointment.
(5)
When a vacancy occurs in the membership of a committee for any reason, the
replacement shall be appointed for the remainder of the unexpired term.
(6)
A member may not receive compensation or benefits for the member's service, but a
member may receive per diem and travel expenses in accordance with:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance
pursuant to
in accordance with
Sections
63A-3-106
and
63A-3-107
.
Section 149. Section
75E-6-303
, which is renumbered from Section 63M-7-1003 is renumbered
and amended to read:
63M-7-1003
75E-6-303
Effective
07/01/26
. Complaint of violation of victim
rights -- Criminal justice agency policy about complaints.
(1)
(a)
When a committee receives a complaint, the committee shall review the complaint
to determine whether the complaint alleges a violation of a victim's rights.
(b)
If a complaint alleges a violation of a victim's rights in another judicial district, the
committee shall forward the complaint to the judicial district where the violation
allegedly occurred.
(2)
(a)
If the committee receives a complaint that does not allege a violation of a victim's
rights, the committee shall send a letter to the victim, or the representative of a victim:
(i)
explaining that the committee may only address a violation of the victim's rights;
and
(ii)
describing any other resources that may be available to the victim or the
representative of the victim.
(b)
The committee shall send the letter described in Subsection
(2)(a)
within 30 days
after the day on which the committee receives the complaint.
(3)
If the complaint does allege a violation of a victim's rights, the committee shall forward
a copy of the complaint to the person that is the subject of the complaint.
(4)
The committee shall schedule a meeting for the committee to review the complaint as
soon as practicable.
(5)
If a criminal justice agency investigates a complaint regarding a violation of a victim's
rights and the committee receives a complaint about the same violation, the criminal
justice agency shall provide the criminal justice agency's investigative findings related to
the complaint to the committee.
(6)
After reviewing the complaint and any findings submitted by a criminal justice agency
under Subsection
(5)
, the committee may:
(a)
inform the person of a victim's rights and the obligations required by law;
(b)
refer the victim, or the representative of a victim, to other resources in the
community; or
(c)
inform the victim, or the representative of a victim, of the victim's rights and
remedies described in Title 77, Chapter 37, Victims' Rights, Title 77, Chapter 38,
Crime Victims, and Utah Constitution, Article I, Section 28.
(7)
Within 30 days after the day on which the committee meeting is held, the chair of the
committee shall send a letter to the victim, or the representative of a victim, describing
any action taken by the committee.
(8)
A criminal justice agency shall establish a policy for addressing a complaint alleging a
violation of a victim's rights.
Section 150. Section
75E-7-101
, which is renumbered from Section 63M-7-701 is renumbered
and amended to read:
7. Domestic Violence Offender Treatment Board
1. General Provisions
63M-7-701
75E-7-101
Effective
07/01/26
Repealed
07/01/27
. Definitions for
chapter.
As used in this
part
chapter
:
(1)
"Board" means the Domestic Violence Offender Treatment Board created in Section
63M-7-702
75E-7-102
.
(2)
"Commission" means the
State
Commission on Criminal and Juvenile Justice created
in Section
63M-7-201
75E-3-102
.
Section 151. Section
75E-7-102
, which is renumbered from Section 63M-7-702 is renumbered
and amended to read:
63M-7-702
75E-7-102
Effective
07/01/26
Repealed
07/01/27
. Domestic
Violence Offender Treatment Board -- Creation -- Membership -- Quorum -- Per diem --
Staff support -- Meetings.
(1)
There is created within the
commission
department
the Domestic Violence Offender
Treatment Board consisting of the following members:
(a)
the executive director of the Department of Corrections, or the executive director's
designee;
(b)
the executive director of the Department of Health and Human Services, or the
executive director's designee;
(c)
one individual who represents a state program that focuses on prevention of injury
and domestic violence appointed by the executive director of the Department of
Health and Human Services;
(d)
the commissioner of public safety for the Department of Public Safety, or the
commissioner's designee;
(e)
the chair of the
Utah
Victim Services Commission or the chair's designee;
(f)
the director of the
Utah
Office for Victims of Crime, or the director's designee;
(g)
the chair of the Board of Pardons and Parole, or the chair's designee;
(h)
the director of the Division of Juvenile Justice and Youth Services, or the director's
designee;
(i)
one individual who represents the Administrative Office of the Courts appointed by
the state court administrator; and
(j)
ten individuals appointed by the executive director of the commission, including:
(i)
the following four individuals licensed under Title 58, Chapter 60, Mental Health
Professional Practice Act:
(A)
a clinical social worker;
(B)
a marriage and family therapist;
(C)
a professional counselor; and
(D)
a psychologist;
(ii)
one individual who represents an association of criminal defense attorneys;
(iii)
one criminal defense attorney who primarily represents indigent criminal
defendants;
(iv)
one individual who represents an association of prosecuting attorneys;
(v)
one individual who represents law enforcement;
(vi)
one individual who represents an association of criminal justice victim
advocates; and
(vii)
one individual who represents a nonprofit organization that provides domestic
violence victim advocate services.
(2)
(a)
A member may not serve on the board for more than eight consecutive years.
(b)
If a vacancy occurs in the membership of the board appointed under Subsection
(1)
,
the member shall be replaced in the same manner in which the original appointment
was made.
(c)
A member of the board serves until the member's successor is appointed.
(3)
The members of the board shall vote on a chair and co-chair of the board to serve for
two years.
(4)
(a)
A majority of the board members constitutes a quorum.
(b)
The action of a majority of a quorum constitutes an action of the board.
(5)
A board member may not receive compensation or benefits for the member's service on
the board, but may receive per diem and reimbursement for travel expenses incurred as a
board member at the rates established by the Division of Finance under:
(a)
Sections
63A-3-106
and
63A-3-107
; and
(b)
rules made by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(6)
The commission shall provide staff support to the board.
(7)
The board shall meet at least quarterly on a date the board sets.
Section 152. Section
75E-7-201
is enacted to read:
2. Board Responsibilities
75E-7-201
Effective
07/01/26
. Definitions for part.
Reserved.
Section 153. Section
75E-7-202
, which is renumbered from Section 63M-7-703 is renumbered
and amended to read:
63M-7-703
75E-7-202
Effective
07/01/26
Repealed
07/01/27
. Board duties.
(1)
The board shall advise and make recommendations to other councils, boards, and
offices within the
commission
department
that address domestic violence.
(2)
As part of the board's duties under Subsection
(1)
, the board shall:
(a)
research standardized procedures and methods for intimate partner and domestic
violence offender evaluation, intervention, treatment, and monitoring that prioritize
physical and psychological safety of the victim;
(b)
identify and establish best practice standards for intimate partner and domestic
violence evaluation, intervention, treatment, and monitoring that:
(i)
are applicable to the state's needs;
(ii)
are based on scientific research to address an individual's intimate partner and
domestic violence risk factors; and
(iii)
incorporate evidence-based trauma informed care to enhance the quality and
continuity of intervention and treatment;
(c)
disseminate the best practice standards described in Subsection
(2)(b)
to the entities
described in Subsection
(1)
to be used in the evaluation, intervention, treatment, and
monitoring of intimate partner and domestic violence offenders; and
(d)
establish a training and certification program for public and private providers of
intervention and treatment for intimate partner and domestic violence offenders that
requires the public and private providers to:
(i)
comply with the best practice standards described in Subsection
(2)(b)
to obtain
and maintain certification; and
(ii)
participate in annual education or training to maintain certification.
(3)
The board shall:
(a)
monitor the public and private providers who participate in the training and
certification program described in Subsection
(2)(d)
to ensure compliance with the
best practice standards and annual education or training described in Subsection
(2)(d)
;
and
(b)
annually provide a list of the public and private providers who participated in the
training and certification program described in Subsection
(2)(d)
and are in
compliance with the requirements described in Subsection
(2)(d)
to the
Administrative Office of the Courts as a resource for judges and commissioners in
domestic violence cases.
Section 154. Section
75E-8-101
, which is renumbered from Section 63M-7-1101 is renumbered
and amended to read:
8. Prosecutor Conduct Commission
1. General Provisions
63M-7-1101
75E-8-101
Effective
07/01/26
. Definitions for chapter.
As used in this
part
chapter
:
(1)
"Commission" means the Prosecutor Conduct Commission created in Section
63M-7-1102
75E-8-102
.
(2)
"Complaint" means:
(a)
a written complaint regarding professional misconduct by a prosecuting attorney; or
(b)
an allegation based on reliable information received in any form, from any source,
that alleges, or from which a reasonable inference can be drawn that a prosecuting
attorney has committed professional misconduct.
(3)
"Employer" means:
(a)
except as provided in Subsection
(3)(b)
, the attorney general, a district attorney, a
county attorney, or a municipal attorney who employs the prosecuting attorney; or
(b)
the chief executive officer of the political subdivision that employs the prosecuting
attorney if the prosecuting attorney is a district or county attorney or a municipal
attorney.
(4)
"Investigation" means an inquiry into a complaint.
(5)
"Knowingly" means taking an action, or failing to take an action, with the knowledge
that the natural or probable consequences are unambiguously prohibited by a legal
obligation or professional standard.
(6)
"Legal obligation" means an obligation imposed by the Utah Constitution, the
Constitution of the United States, a statute, a rule of procedure or evidence, or a local
rule.
(7)
"Professional misconduct" means conduct committed in the course of a prosecution of a
felony offense, a class A misdemeanor offense, or a class B misdemeanor offense that:
(a)
purposefully, knowingly, or recklessly violated a clear and unambiguous legal
obligation or professional standard for a prosecuting attorney; and
(b)
impacted, or reasonably could have impacted, the substantive or procedural due
process rights of an individual.
(8)
"Professional standard" means a standard of conduct imposed by the Utah Rules of
Professional Conduct.
(9)
"Prosecuting attorney" means an attorney who brings a criminal prosecution or
delinquency proceeding on behalf of this state or a county or municipality of this state.
(10)
"Purposefully" means taking an action, or failing to take an action, in order to obtain a
result that is unambiguously prohibited by a legal obligation or professional standard.
(11)
"Recklessly" means the conduct is a gross deviation from the standard of conduct for
an objectively reasonable prosecuting attorney:
(a)
after considering the nature and the circumstances of a prosecuting attorney's
conduct; and
(b)
by taking into account whether the prosecuting attorney knew, or should have known:
(i)
based on the prosecuting attorney's experience, of the legal obligation or
professional standard; and
(ii)
the prosecuting attorney's conduct was substantially likely to violate a legal
obligation or professional standard.
Section 155. Section
75E-8-102
, which is renumbered from Section 63M-7-1102 is renumbered
and amended to read:
63M-7-1102
75E-8-102
Effective
07/01/26
. Prosecutor Conduct Commission
-- Members -- Terms -- Compensation -- Staff.
(1)
There is created the Prosecutor Conduct Commission within the
State Commission on
Criminal and Juvenile Justice
department
.
(2)
The commission is composed of six members as follows:
(a)
an assistant attorney general who prosecutes criminal offenses full-time, appointed
by the attorney general with the advice and consent of the Senate;
an attorney
appointed by the attorney general, with the advice and consent of the Senate, who has
experience prosecuting criminal offenses;
(b)
a county or district attorney, or an assistant county or district attorney, who
prosecutes criminal offenses full-time, appointed by the Statewide Association of
Prosecutors and Public Attorneys with the advice and consent of the Senate;
an
attorney appointed by the Statewide Association of Prosecutors and Public Attorneys,
with the advice and consent of the Senate, who has experience prosecuting criminal
offenses;
(c)
a municipal attorney, or an assistant municipal attorney, who prosecutes criminal
offenses full-time, appointed by the Statewide Association of Prosecutors and Public
Attorneys with the advice and consent of the Senate;
an attorney appointed by the
Statewide Association of Prosecutors and Public Attorneys, with the advice and
consent of the Senate, who has experience prosecuting misdemeanor criminal
offenses;
(d)
a retired attorney whose primary caseload as an attorney was criminal defense,
appointed by the
executive director of the Commission on Criminal and Juvenile
Justice
commissioner
with the advice and consent of the Senate; and
(e)
two retired district or appellate court judges, appointed by the governor with the
advice and consent of the Senate.
(3)
(a)
Except as provided in Subsection
(4)
, a member appointed under Subsection
(2)
shall serve a four-year term.
(b)
A member may serve no more than eight years.
(4)
At the time of appointment, the terms of commission members shall be staggered so that
approximately half of commission members' terms expire every two years.
(5)
When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term by the same appointing authority that appointed the
member creating the vacancy.
(6)
(a)
Three members of the commission constitutes a quorum.
(b)
If a quorum is present, the action of a majority of the quorum constitutes the action
of the commission.
(7)
(a)
The commission shall
annually
elect
annually
a chair from the commission's
membership to serve a two-year term.
(b)
A commission member may not serve as chair of the commission for more than three
consecutive terms.
(8)
The commission shall establish guidelines and procedures for the disqualification of
any member from consideration of any matter.
(9)
(a)
A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(i)
Section
63A-3-106
;
(ii)
Section
63A-3-107
; and
(iii)
rules made by the Division of Finance in accordance with Sections
63A-3-106
and
63A-3-107
.
(b)
A member may not receive per diem or reimbursement for travel expenses under
Subsection
(9)(a)
if the member is being paid by a governmental entity while
performing the member's service on the commission.
(10)
(a)
The executive director of the
State
Commission on Criminal and Juvenile
Justice shall hire a director to administer and manage the work of the commission.
(b)
With approval by the executive director of the
State
Commission on Criminal and
Juvenile Justice, the director may hire staff to assist the director and commission with
the work of the commission.
(11)
The commission and the director of the commission shall coordinate with the
State
Commission on Criminal and Juvenile Justice
department
on budget and administrative
support issues for the commission.
Section 156. Section
75E-8-201
is enacted to read:
2. Commission Responsibilities
75E-8-201
Effective
07/01/26
. Definitions for part.
Reserved.
Section 157. Section
75E-8-202
, which is renumbered from Section 63M-7-1103 is renumbered
and amended to read:
63M-7-1103
75E-8-202
Effective
07/01/26
. Functions and duties of the
commission.
(1)
The commission may:
(a)
request that members of the public report instances of professional misconduct by a
prosecuting attorney to the commission;
(b)
receive, initiate, investigate, or hear complaints as described in Section
63M-7-1104
75E-8-203
;
(c)
report professional misconduct as described in Section
63M-7-1105
75E-8-204
; and
(d)
gather and publish data on claims of professional misconduct by prosecuting
attorneys in this state.
(2)
To enforce the provisions of this
part
chapter
, the commission may:
(a)
administer an oath or affirmation;
(b)
issue a subpoena, in accordance with the Utah Rules of Civil Procedure, that requires:
(i)
the attendance and testimony of a witness; or
(ii)
the production of evidence relevant to the investigation; and
(c)
take evidence.
(3)
A court shall enforce a subpoena issued by the commission, unless the testimony or
evidence sought is privileged or protected information under a law of this state.
(4)
The commission shall pay any witness fee, travel expense, mileage, or any other fee
required by the service statutes of the state where the witness or evidence is located.
Section 158. Section
75E-8-203
, which is renumbered from Section 63M-7-1104 is renumbered
and amended to read:
63M-7-1104
75E-8-203
Effective
07/01/26
. Complaint and investigation
process.
(1)
(a)
A prosecuting attorney shall report:
(i)
any alleged professional misconduct by another prosecuting attorney to that
prosecuting attorney's employer; and
(ii)
any statement by a judge or magistrate alleging that another prosecuting attorney
has committed professional misconduct to that prosecuting attorney's employer.
(b)
An employer of a prosecuting attorney shall:
(i)
investigate any alleged professional misconduct by a prosecuting attorney; and
(ii)
submit a complaint regarding the professional misconduct to the commission if
the employer determines that the allegation is substantiated.
(2)
An individual may submit a complaint to the commission alleging that a prosecuting
attorney has committed professional misconduct.
(3)
On a motion by a member of the commission, the commission may initiate an
investigation of alleged professional misconduct by a prosecuting attorney if the
commission determines that a complaint, if substantiated, would lead to a finding of
professional misconduct by the prosecuting attorney.
(4)
(a)
The commission may dismiss a complaint at any time if the commission
determines that the complaint lacks merit.
(b)
If a complaint submitted by an individual is dismissed, the commission shall notify
the individual who submitted the complaint.
(5)
The commission may investigate a complaint even if the prosecuting attorney has
retired or resigned.
(6)
If the commission moves to initiate an investigation of alleged professional misconduct
by a prosecuting attorney, the commission shall:
(a)
notify the prosecuting attorney and the prosecuting attorney's employer of the
investigation; and
(b)
provide the prosecuting attorney with all information necessary to prepare an
adequate response or defense, including the identity of the complainant.
(7)
If the committee dismisses an investigation after notifying the prosecuting attorney as
described in Subsection
(4)
, the commission shall notify the prosecuting attorney of the
dismissal.
(8)
A prospective employer may inquire of the commission as to whether there is a pending
investigation against a prosecuting attorney.
(9)
(a)
In the course of an investigation, the commission may request that the prosecuting
attorney testify before the commission.
(b)
The prosecuting attorney's counsel may be present during the prosecuting attorney's
testimony.
(c)
The prosecuting attorney may present evidence and material relevant to the
complaint.
(10)
A governmental entity may provide the commission with a record as described in
Section
63G-2-206
.
(11)
(a)
A prosecuting agency, and an employee of a prosecuting agency, shall:
(i)
cooperate with the commission in an investigation of a prosecuting attorney; and
(ii)
respond truthfully to questions posed during the course of an investigation unless:
(A)
the information is privileged or protected by statute or court rule; or
(B)
the employee asserts the employee's constitutional right to remain silent.
(b)
A prosecuting agency may subject an employee to discipline, including termination,
if the employee refuses to cooperate with an investigation by the commission.
(c)
The dismissal or demotion of a career service employee under Subsection
(11)(b)
is
subject to the requirements of Section
63A-17-306
.
Section 159. Section
75E-8-204
, which is renumbered from Section 63M-7-1105 is renumbered
and amended to read:
63M-7-1105
75E-8-204
Effective
07/01/26
. Finding of professional misconduct
-- Reporting of finding.
(1)
(a)
Upon an investigation under Section
63M-7-1104
75E-8-203
, the commission
may make a finding, by a preponderance of the evidence, that a prosecuting attorney
committed professional misconduct.
(b)
In determining whether a prosecuting attorney committed professional misconduct
under Subsection
(1)(a)
, the commission may consider an affirmative action of the
prosecuting attorney or an action that the prosecuting attorney failed to take.
(2)
If the commission finds that a prosecuting attorney committed professional misconduct:
(a)
the commission shall notify:
(i)
the prosecuting attorney's employer of the commission's finding;
(ii)
the appropriate law enforcement agency of the commission's finding if the
professional misconduct is likely a criminal offense; and
(iii)
the Office of Professional Conduct of the commission's finding if the
professional misconduct is likely a violation of the Utah Rules of Professional
Conduct; and
(b)
the commission may disclose a summary of the commission's investigation and
finding.
(3)
Any documents disclosed under Subsection
(2)
shall maintain the same classification
under Title 63G, Chapter 2, Government Records Access and Management Act.
(4)
The commission may not disclose information or evidence under Subsection
(2)
that is:
(a)
protected from disclosure by court order or a legal privilege; or
(b)
given after having been issued a warning based on Garrity v. New Jersey, 385 U.S.
493 (1967).
(5)
A finding by the commission that a prosecuting attorney committed professional
misconduct may only be made public if:
(a)
a governmental entity with a record of the finding is required to make the record
public under Title 63G, Chapter 2, Government Records Access and Management
Act;
(b)
the Office of Professional Conduct discloses the commission's finding to the public
due to a disciplinary action against the prosecuting attorney as a result of the
commission's finding; or
(c)
a prosecuting agency brings a criminal prosecution against the prosecuting attorney
as a result of the commission's finding.
(6)
The commission may not discipline or sanction a prosecuting attorney for any
professional misconduct.
Section 160. Section
75E-8-205
, which is renumbered from Section 63M-7-1106 is renumbered
and amended to read:
63M-7-1106
75E-8-205
Effective
07/01/26
. Annual reporting requirement to
Legislature.
(1)
Before November 1 of each year, the commission shall report to
the Commission on
Criminal and Juvenile Justice,
the Law Enforcement and Criminal Justice Interim
Committee
,
and the Judiciary Interim Committee on:
(a)
the number of complaints received;
(b)
the general nature of the complaints;
(c)
the number of complaints dismissed without an investigation;
(d)
the number of complaints investigated;
(e)
the general findings and outcomes of investigations; and
(f)
the name of any prosecuting agency that refused, without reasonable cause, to
cooperate in an investigation by the commission.
(2)
The commission may not include any personal identifying information regarding a
prosecuting attorney in a report described in Subsection
(1)
.
Section 161. Section
75E-9-101
is enacted to read:
9. Indigent Defense Commission
1. General Provisions
75E-9-101
Effective
07/01/26
. Definitions for chapter.
As used in this chapter:
(1)
"Account" means the Indigent Defense Resources Restricted Account created in Section
75E-9-202
.
(2)
"Child welfare case" means a proceeding under Title 80, Chapter 3, Abuse, Neglect, and
Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of
Parental Rights.
(3)
"Commission" means the Indigent Defense Commission created in Section
75E-9-102
.
(4)
"Eligible county" means:
(a)
a county of the fourth, fifth, or sixth class, as described in Section
17-60-104
; or
(b)
a county of the third class, as described in Section
17-60-104
, if the county of the
third class has no municipality with a population of 100,000 or more.
(5)
"Indigent defense resources" means the same as that term is defined in Section
78B-22-102
.
(6)
"Indigent defense service provider" means the same as that term is defined in Section
78B-22-102
.
(7)
"Indigent defense services" means the same as that term is defined in Section
78B-22-102
.
(8)
"Indigent defense system" means the same as that term is defined in Section
78B-22-102
.
(9)
"Indigent individual" means the same as that term is defined in Section
78B-22-102
.
(10)
"Minor" means the same as that term is defined in Section
78B-22-102
.
(11)
"Office" means the Office of Indigent Defense Services created in Section
75E-10-102
.
Section 162. Section
75E-9-102
, which is renumbered from Section 78B-22-401 is renumbered
and amended to read:
78B-22-401
75E-9-102
Effective
07/01/26
. Indigent Defense Commission --
Creation -- Purpose.
(1)
There is created the
Utah
Indigent Defense Commission within the
State Commission
on Criminal and Juvenile Justice
department
.
(2)
The purpose of the commission is to assist:
(a)
the state in meeting the state's obligations for the provision of indigent defense
services, consistent with the United States Constitution, the Utah Constitution, and
the Utah Code; and
(b)
the
Office of Indigent Defense Services, created in Section
78B-22-451
,
office
with
carrying out the statutory duties assigned to the commission and the
Office of
Indigent Defense Services
office
.
Section 163. Section
75E-9-103
, which is renumbered from Section 78B-22-402 is renumbered
and amended to read:
78B-22-402
75E-9-103
Effective
07/01/26
. Commission members -- Member
qualifications -- Terms -- Vacancy.
(1)
(a)
The commission is composed of 15 members.
(b)
The governor, with the advice and consent of the Senate, and in accordance with
Title 63G, Chapter 24, Part 2, Vacancies, shall appoint the following 11 members:
(i)
two practicing criminal defense attorneys
recommended by the Utah
Association of Criminal Defense Lawyers;
(ii)
one attorney practicing in juvenile delinquency defense recommended by the
Utah Association of Criminal Defense Lawyers;
(iii)
one attorney who represents parents in child welfare cases, recommended by an
entity funded under the Child Welfare Parental Representation Program created in
Section
78B-22-802
75E-10-502
;
(iv)
one attorney representing minority interests recommended by the Utah Minority
Bar Association;
(v)
one member recommended by the Utah Association of Counties from a county of
the first or second class;
(vi)
one member recommended by the Utah Association of Counties from a county of
the third through sixth class;
(vii)
a director of a county public defender organization recommended by the Utah
Association of Criminal Defense Lawyers;
(viii)
two members recommended by the Utah League of Cities and Towns from
its
the
membership
of the Utah League of Cities and Towns
; and
(ix)
one retired judge recommended by the Judicial Council.
(c)
The speaker of the House of Representatives and the president of the Senate shall
appoint two members of the Utah Legislature, one from the House of Representatives
and one from the Senate.
(d)
The Judicial Council shall appoint a member from the Administrative Office of the
Courts.
(e)
The
executive director of the State Commission on Criminal and Juvenile Justice or
the executive director's
commissioner or the commissioner's
designee is a member of
the commission.
(2)
A member appointed by the governor shall serve a four-year term, except as provided in
Subsection
(3)
.
(3)
The governor shall stagger the initial terms of appointees so that approximately half of
the members appointed by the governor are appointed every two years.
(4)
A member appointed to the commission shall
:
(a)
have significant experience in
:
(i)
indigent criminal defense
,
;
(ii)
representing parents in child welfare cases
,
;
or
(iii)
in
juvenile defense in delinquency
proceedings
;
or
(b)
have otherwise demonstrated a strong commitment to providing effective
representation in indigent defense services.
(5)
An individual who is currently employed solely as a criminal prosecuting attorney may
not serve as a member of the commission
.
(6)
A commission member shall hold office until the member's successor is appointed.
(7)
The commission may remove a member for incompetence, dereliction of duty,
malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.
(8)
If a vacancy occurs in the membership for any reason, a replacement shall be appointed
for the remaining unexpired term in the same manner, and in accordance with the same
procedure, as the original appointment.
(9)
(a)
The commission shall elect annually a chair from the commission's membership to
serve a one-year term.
(b)
A commission member may not serve as chair of the commission for more than three
consecutive terms.
(10)
A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance in accordance with Sections
63A-3-106
and
63A-3-107
.
(11)
(a)
A majority of the members of the commission constitutes a quorum.
(b)
If a quorum is present, the action of a majority of the voting members present
constitutes the action of the commission.
(c)
A member shall comply with the conflict of interest provisions described in Title
63G, Chapter 24, Part 3, Conflicts of Interest.
Section 164. Section
75E-9-104
, which is renumbered from Section 78B-22-404 is renumbered
and amended to read:
78B-22-404
75E-9-104
Effective
07/01/26
. Powers and duties of the
commission.
(1)
The commission shall:
(a)
adopt core principles for an indigent defense system to ensure the effective
representation of indigent individuals consistent with the requirements of the United
States Constitution, the Utah Constitution, and the Utah Code, which principles at a
minimum shall address the following:
(i)
an indigent defense system shall ensure that in providing indigent defense services:
(A)
an indigent individual receives conflict-free indigent defense services; and
(B)
there is a separate contract for each type of indigent defense service; and
(ii)
an indigent defense system shall ensure an indigent defense service provider has:
(A)
the ability to exercise independent judgment without fear of retaliation and is
free to represent an indigent individual based on the indigent defense service
provider's own independent judgment;
(B)
adequate access to indigent defense resources;
(C)
the ability to provide representation to accused individuals in criminal cases at
the critical stages of proceedings, and at all stages to indigent individuals in
juvenile delinquency and child welfare proceedings;
(D)
a workload that allows for sufficient time to meet with clients, investigate
cases, file appropriate documents with the courts, and otherwise provide
effective assistance of counsel to each client;
(E)
adequate compensation without financial disincentives;
(F)
appropriate experience or training in the area for which the indigent defense
service provider is representing indigent individuals;
(G)
compensation for legal training and education in the areas of the law relevant
to the types of cases for which the indigent defense service provider is
representing indigent individuals; and
(H)
the ability to meet the obligations of the Utah Rules of Professional Conduct,
including expectations on client communications and managing conflicts of
interest;
(b)
encourage and aid indigent defense systems in the state in the regionalization of
indigent defense services to provide for effective and efficient representation to the
indigent individuals;
(c)
emphasize the importance of ensuring constitutionally effective indigent defense
services;
(d)
encourage members of the judiciary to provide input regarding the delivery of
indigent defense services;
(e)
oversee individuals and entities involved in providing indigent defense services;
(f)
manage county participation in the Indigent Aggravated Murder Defense Fund
created in Section
78B-22-701
75E-10-402
; and
(g)
develop and oversee the provision of resources for minors to access legal advice
when considering a nonjudicial adjustment.
(2)
The commission may:
(a)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to carry out the commission's duties under this
part
chapter
;
(b)
assign duties related to indigent defense services to the office to assist the
commission with the commission's statutory duties;
(c)
request supplemental appropriations from the Legislature to address a deficit in the
Indigent Inmate Fund created in Section
78B-22-455
75E-10-302
; and
(d)
request supplemental appropriations from the Legislature to address a deficit in the
Child Welfare Parental Representation Fund created in Section
78B-22-804
75E-10-504
.
Section 165. Section
75E-9-105
, which is renumbered from Section 78B-22-407 is renumbered
and amended to read:
78B-22-407
75E-9-105
Effective
07/01/26
. Cooperation and participation with
the commission.
Indigent defense systems and indigent defense service providers shall cooperate and
participate with the commission in the collection of data, investigation, audit, and review of
indigent defense services.
Section 166. Section
75E-9-201
is enacted to read:
2. Accounts and Grants
75E-9-201
Effective
07/01/26
. Definitions for part.
Reserved.
Section 167. Section
75E-9-202
, which is renumbered from Section 78B-22-405 is renumbered
and amended to read:
78B-22-405
75E-9-202
Effective
07/01/26
. Indigent Defense Resources
Restricted Account -- Administration.
(1)
(a)
There is created within the General Fund a restricted account known as the
"Indigent Defense Resources Restricted Account."
(b)
Appropriations from the account are nonlapsing.
(2)
The account consists of:
(a)
money appropriated by the Legislature based upon recommendations from the
commission consistent with principles of shared state and local funding;
(b)
any other money received by the commission from any source to carry out the
purposes of this
part
chapter
; and
(c)
any interest and earnings from the investment of account money.
(3)
The commission shall administer the account and, subject to appropriation, disburse
money from the account for the following purposes:
(a)
to establish and maintain a statewide indigent defense data collection system;
(b)
to establish and administer a grant program to provide grants of state money and
other money to indigent defense systems as
set forth
described
in Section
78B-22-406
75E-9-203
;
(c)
to provide training and continuing legal education for indigent defense service
providers; and
(d)
for administrative costs.
Section 168. Section
75E-9-203
, which is renumbered from Section 78B-22-406 is renumbered
and amended to read:
78B-22-406
75E-9-203
Effective
07/01/26
. Indigent defense services grant
program.
(1)
The commission may award grants:
(a)
to supplement local spending by an indigent defense system for indigent defense
services; and
(b)
for contracts to provide indigent defense services for appeals from juvenile court
proceedings in an eligible county.
(2)
The commission may use grant money:
(a)
to assist an indigent defense system to provide indigent defense services that meet
the commission's core principles for the effective representation of indigent
individuals;
(b)
to establish and maintain local indigent defense data collection systems;
(c)
to provide indigent defense services in addition to indigent defense services that are
currently being provided by an indigent defense system;
(d)
to provide training and continuing legal education for indigent defense service
providers;
(e)
to assist indigent defense systems with appeals from juvenile court proceedings;
(f)
to pay for indigent defense resources and costs and expenses for parental
representation attorneys as described in Subsection
78B-22-804(2)
75E-10-504(2)
;
and
(g)
to reimburse an indigent defense system for the cost of providing indigent defense
services in an action initiated by a private party under
Title 80, Chapter 4,
Termination and Restoration of Parental Rights
, if the indigent defense system has
complied with the commission's policies and procedures for reimbursement.
(3)
To receive a grant from the commission, an indigent defense system shall demonstrate
to the commission's satisfaction that:
(a)
the indigent defense system has incurred or reasonably anticipates incurring expenses
for indigent defense services that are in addition to the indigent defense system's
average annual spending on indigent defense services in the three fiscal years
immediately
preceding
before
the grant application; and
(b)
(i)
a grant from the commission is necessary for the indigent defense system to
meet the commission's core principles for the effective representation of indigent
individuals; or
(ii)
the indigent defense system shall use the grant in an innovative manner that meets
the commission's core principles for the effective representation of indigent
individuals.
(4)
The commission may revoke a grant if an indigent defense system fails to meet
requirements of the grant or any of the commission's core principles for the effective
representation of indigent individuals.
Section 169. Section
75E-10-101
is enacted to read:
10. Office of Indigent Defense Services
1. General Provisions
75E-10-101
Effective
07/01/26
. Definitions for chapter.
As used in this chapter:
(1)
"Child welfare case" means the same as that term is defined in Section
75E-9-101
.
(2)
"Commission" means the Indigent Defense Commission created in Section
75E-9-102
.
(3)
"Eligible county" means the same as that term is defined in Section
75E-9-101
.
(4)
"Executive director" means the executive director of the office appointed under Section
75E-10-103
.
(5)
"Indigent defense resources" means the same as that term is defined in Section
78B-22-102
.
(6)
"Indigent defense service provider" means the same as that term is defined in Section
78B-22-102
.
(7)
"Indigent defense services" means the same as that term is defined in Section
78B-22-102
.
(8)
"Indigent defense system" means the same as that term is defined in Section
78B-22-102
.
(9)
"Indigent individual" means the same as that term is defined in Section
78B-22-102
.
(10)
"Minor" means the same as that term is defined in Section
78B-22-102
.
(11)
"Office" means the Office of Indigent Defense Services created in Section
75E-10-102
.
Section 170. Section
75E-10-102
, which is renumbered from Section 78B-22-451 is renumbered
and amended to read:
78B-22-451
75E-10-102
Effective
07/01/26
. Office of Indigent Defense
Services -- Creation.
There is created under the commission the Office of Indigent Defense Services.
Section 171. Section
75E-10-103
, which is renumbered from Section 78B-22-453 is renumbered
and amended to read:
78B-22-453
75E-10-103
Effective
07/01/26
. Executive director --
Qualifications -- Staff.
(1)
The commission:
(a)
shall appoint the executive director, by a majority vote of the commission, to carry
out the duties of the office described in Section
78B-22-452
75E-10-202
; and
(b)
may remove the executive director by majority vote of the commission.
(2)
The executive director shall be
an active member of the Utah State Bar
with an
appropriate background and experience to serve as the full-time executive director.
(3)
The executive director shall hire staff as necessary to carry out the duties of the office as
described in Section
78B-22-452
75E-10-202
, including:
(a)
one individual who is an active member of the Utah State Bar to serve as a full-time
assistant director; and
(b)
one individual with data collection and analysis skills.
(4)
When appointing the executive director of the office under Subsection
(1)
, the
commission shall give preference to an individual with experience in adult criminal
defense, representing parents in child welfare cases, or in juvenile delinquency defense.
(5)
When hiring the assistant director, the executive director shall give preference to an
individual with experience in adult criminal defense, representing parents in child
welfare cases, or in juvenile delinquency defense.
Section 172. Section
75E-10-201
is enacted to read:
2. Office Responsibilities
75E-10-201
Effective
07/01/26
. Definitions for part.
Reserved.
Section 173. Section
75E-10-202
, which is renumbered from Section 78B-22-452 is renumbered
and amended to read:
78B-22-452
75E-10-202
Effective
07/01/26
. Duties of the office.
(1)
The office shall:
(a)
establish an annual budget for the office for the Indigent Defense Resources
Restricted Account created in Section
78B-22-405
75E-9-202
;
(b)
assist the commission in performing the commission's statutory duties described in
this chapter
Chapter 9, Indigent Defense Commission
;
(c)
identify and collect data that is necessary for the commission to:
(i)
aid, oversee, and review compliance by indigent defense systems with the
commission's core principles for the effective representation of indigent
individuals; and
(ii)
provide reports regarding the operation of the commission and the provision of
indigent defense services by indigent defense systems in the state;
(d)
assist indigent defense systems by reviewing contracts and other agreements, to
ensure compliance with the commission's core principles for effective representation
of indigent individuals;
(e)
establish procedures for the receipt and acceptance of complaints regarding the
provision of indigent defense services in the state;
(f)
establish procedures to award grants to indigent defense systems under Section
78B-22-406
75E-9-203
that are consistent with the commission's core principles;
(g)
create and enter into contracts consistent with Section
78B-22-454
75E-10-303
to
provide indigent defense services for an indigent defense inmate who:
(i)
is incarcerated in a state prison located in an eligible county;
(ii)
is charged with having committed a crime within that state prison; and
(iii)
has been appointed counsel in accordance with Section
78B-22-203
;
(h)
assist the commission in developing and reviewing advisory caseload guidelines and
procedures;
(i)
investigate, audit, and review the provision of indigent defense services to ensure
compliance with the commission's core principles for the effective representation of
indigent individuals;
(j)
administer the Child Welfare Parental Representation Program in accordance with
Part 8, Child Welfare Parental Representation Program
Part 5, Child Welfare
Parental Representation Program
;
(k)
administer the Indigent Aggravated Murder Defense Fund in accordance with
Part
7, Indigent Aggravated Murder Defense Fund
Part 4, Indigent Aggravated Murder
Defense Fund
;
(l)
assign an indigent defense service provider to represent an individual prosecuted for
aggravated murder in accordance with
Part 7, Indigent Aggravated Murder Defense
Fund
Part 4, Indigent Aggravated Murder Defense Fund
;
(m)
provide access for a minor to receive legal advice, at no cost, in connection with
considering a nonjudicial adjustment;
(n)
annually report to the governor, Legislature, Judiciary Interim Committee, and
Judicial Council, regarding:
(i)
the operations of the commission;
(ii)
the operations of the indigent defense systems in the state; and
(iii)
compliance with the commission's core principles by indigent defense systems
receiving grants from the commission;
(o)
submit recommendations to the commission for improving indigent defense services
in the state;
(p)
publish an annual report on the commission's website; and
(q)
perform all other duties assigned by the commission related to indigent defense
services.
(2)
The office may:
(a)
enter into contracts and accept, allocate, and administer funds and grants from any
public or private person to accomplish the duties of the office; and
(b)
employ or contract with an attorney to provide counsel, at no cost, to any minor
considering a nonjudicial adjustment.
(3)
Any contract entered into under this
part
chapter
shall require that indigent defense
services are provided in a manner consistent with the commission's core principles
implemented under Section
78B-22-404
75E-9-104
.
Section 174. Section
75E-10-301
is enacted to read:
3. Indigent Inmate Fund
75E-10-301
Effective
07/01/26
. Definitions for part.
As used in this part, "fund" means the Indigent Inmate Fund created in Section
75E-10-302
.
Section 175. Section
75E-10-302
, which is renumbered from Section 78B-22-455 is renumbered
and amended to read:
78B-22-455
75E-10-302
Effective
07/01/26
. Indigent Inmate Fund.
(1)
There is created a custodial fund known as the "Indigent Inmate Fund" to be disbursed
by the office in accordance with contracts entered into under Subsection
78B-22-452(1)(g)
75E-10-202(1)(g)
.
(2)
Money deposited into this fund shall only be used:
(a)
to pay indigent defense services for an indigent inmate who:
(i)
is incarcerated in a state prison located in a county of the third, fourth, fifth, or
sixth class as classified under Section
17-60-104
;
(ii)
is charged with having committed a crime within that state prison; and
(iii)
has been appointed counsel in accordance with Section
78B-22-203
; and
(b)
to cover costs of administering the Indigent Inmate Fund.
(3)
The fund consists of:
(a)
proceeds received from counties that impose the additional tax levy by ordinance
under Subsection
78B-22-454(4)
75E-10-303(4)
, which shall be the total county
obligation for payment of costs listed in Subsection
(2)
for defense services for
indigent inmates;
(b)
appropriations made to the fund by the Legislature; and
(c)
interest and earnings from the investment of fund money.
(4)
Fund money shall be invested by the state treasurer with the earnings and interest
accruing to the fund.
(5)
(a)
In any calendar year in which the fund has insufficient funding, or is projected to
have insufficient funding, the commission shall request a supplemental appropriation
from the Legislature in the following general session to provide sufficient funding.
(b)
The state shall pay any or all of the reasonable and necessary money to provide
sufficient funding into the
Indigent Inmate Fund
fund
.
(6)
The fund is capped at $1,000,000.
(7)
The office shall notify the contributing counties when the fund approaches $1,000,000
and provide each county with the amount of the balance in the fund.
(8)
Upon notification by the office that the fund is near the limit imposed in Subsection
(6)
,
the counties may contribute enough money to enable the fund to reach $1,000,000 and
discontinue contributions until notified by the office that the balance has fallen below
$1,000,000, at which time counties that meet the requirements of Section
78B-22-454
75E-10-303
shall resume contributions.
Section 176. Section
75E-10-303
, which is renumbered from Section 78B-22-454 is renumbered
and amended to read:
78B-22-454
75E-10-303
Effective
07/01/26
. Funding for indigent defense
services.
(1)
The office shall pay for indigent defense services for indigent inmates from the
Indigent Inmate Fund created in Section
78B-22-455
fund
.
(2)
A contract under this
part
chapter
shall ensure that indigent defense services are
provided in a manner consistent with the core principles described in Section
78B-22-404
75E-9-104
.
(3)
The county attorney or district attorney of a county of the third, fourth, fifth, or sixth
class shall function as the prosecuting entity.
(4)
(a)
A county of the third, fourth, fifth, or sixth class where a state prison is located
may impose an additional property tax levy by ordinance at .0001 per dollar of
taxable value in the county.
(b)
If the county governing body imposes the additional property tax levy by ordinance,
the revenue shall be deposited into the
Indigent Inmate Fund
fund
as provided in
Section
78B-22-455
75E-10-302
to fund the purposes of this
part
chapter
.
(c)
Upon notification that the fund has reached the amount specified in Subsection
78B-22-455(6)
75E-10-302(6)
, a county shall deposit revenue derived from the
property tax levy after the county receives the notice into a county account used
exclusively to provide indigent defense services.
(d)
A county that chooses not to impose the additional levy by ordinance may not
receive any benefit from the
Indigent Inmate Fund
fund
.
Section 177. Section
75E-10-401
is enacted to read:
4. Indigent Aggravated Murder Defense Fund
75E-10-401
Effective
07/01/26
. Definitions for part.
As used in this part:
(1)
"Fund" means the Indigent Aggravated Murder Defense Fund created in Section
75E-10-402
.
(2)
"Participating county" means a county that complies with this part for participation in
the fund.
Section 178. Section
75E-10-402
, which is renumbered from Section 78B-22-701 is renumbered
and amended to read:
78B-22-701
75E-10-402
Effective
07/01/26
. Establishment of Indigent
Aggravated Murder Defense Fund -- Use of fund -- Compensation for indigent legal
defense from fund.
(1)
As used in this part, "fund" means the Indigent Aggravated Murder Defense Fund.
(2)
(1)
(a)
There is established a custodial fund known as the "Indigent Aggravated
Murder Defense Fund."
(b)
The office shall disburse money from the fund at the direction of the commission and
subject to this
chapter
part
.
(3)
(2)
The fund consists of:
(a)
money received from participating counties as
provided
described
in Sections
78B-22-702
75E-10-404
and
78B-22-703
75E-10-405
;
(b)
appropriations made to the fund by the Legislature as
provided
described
in Section
78B-22-703
75E-10-405
; and
(c)
interest and earnings from the investment of fund money.
(4)
(3)
The state treasurer shall invest fund money with the earnings and interest accruing
to the fund.
(5)
(4)
The fund shall be used to fulfill the constitutional and statutory mandates for the
provision of constitutionally effective defense for indigent individuals prosecuted for the
violation of state laws in cases involving aggravated murder.
(6)
(5)
Money allocated to or deposited into the fund is used only:
(a)
to pay an indigent defense service provider appointed to represent an individual
prosecuted for aggravated murder;
(b)
for defense resources necessary to effectively represent the individual; and
(c)
for costs associated with the management of the fund and defense service providers.
Section 179. Section
75E-10-403
, which is renumbered from Section 78B-22-701.5 is renumbered
and amended to read:
78B-22-701.5
75E-10-403
Effective
07/01/26
. Administration of Indigent
Aggravated Murder Defense Fund.
(1)
The commission shall establish rules and procedures for
:
(a)
the application by a county for disbursements
,
;
and
(b)
the screening and approval of the applications for the money from the fund.
(2)
The office shall:
(a)
receive, screen, and approve
,
or disapprove the application of a county for
disbursements from the fund;
(b)
calculate the amount of the annual contribution to be made to the fund by each
participating county;
(c)
prescribe forms for the application for money from the fund;
(d)
oversee and approve the disbursement of money from the fund as described in
Section
78B-22-701
75E-10-402
; and
(e)
negotiate, enter into, and administer contracts with legal counsel, qualified under and
meeting the standards consistent with this chapter, to provide indigent defense
services to an indigent individual prosecuted in a participating county for an offense
involving aggravated murder.
Section 180. Section
75E-10-404
, which is renumbered from Section 78B-22-702 is renumbered
and amended to read:
78B-22-702
75E-10-404
Effective
07/01/26
. County participation.
(1)
(a)
A county may participate in the fund subject to the provisions of this
chapter
part
.
(b)
A county that does not participate in the fund, or is not current in the county's
assessments for the fund, is ineligible to receive money from the fund.
(c)
The commission may revoke a county's participation in the fund if the county fails to
pay the county's assessments when due.
(2)
To participate in the fund, the legislative body of a county shall:
(a)
adopt a resolution approving participation in the fund and committing that county to
fulfill the assessment requirements
as set forth
described
in Subsection
(3)
and
Section
78B-22-703
75E-10-405
; and
(b)
submit a certified copy of that resolution together with an application to the
commission.
(3)
By
On or before
January 15 of each year, a participating county shall contribute to the
fund an amount computed in accordance with Section
78B-22-703
75E-10-405
.
(4)
A participating county may withdraw from participation in the fund upon:
(a)
adoption by the county's legislative body of a resolution to withdraw; and
(b)
notice to the commission
by
on or before
January 1 of the year before withdrawal.
(5)
A county withdrawing from participation in the fund, or whose participation in the fund
has been revoked for failure to pay the county's assessments when due, shall forfeit the
right to:
(a)
any previously paid assessment;
(b)
relief from the county's obligation to pay the county's assessment during the period
of the county's participation in the fund; and
(c)
any benefit from the fund, including reimbursement of costs that accrued after the
last day of the period for which the county has paid the county's assessment.
Section 181. Section
75E-10-405
, which is renumbered from Section 78B-22-703 is renumbered
and amended to read:
78B-22-703
75E-10-405
Effective
07/01/26
. County and state obligations.
(1)
(a)
Except as provided in Subsection (1)(b), a participating county shall pay into the
fund annually an amount calculated by multiplying the average of the percent of the
county's population to the total population of all participating counties and of the
percent of the county's taxable value of the locally and centrally assessed property
located within that county to the total taxable value of the locally and centrally
assessed property to all participating counties by the total fund assessment for that
year to be paid by all participating counties as is determined by the commission to be
sufficient such that it is unlikely that a deficit will occur in the fund in any calendar
year.
(1)
(a)
Except as provided in Subsection
(1)(b)
, a participating county shall annually pay
into the fund an amount which the commission determines is sufficient to make a
deficit in any calendar year unlikely, equal to the total fund assessment for that year,
multiplied by the average of:
(i)
the percent of the participating county's population to the total population of all
participating counties; and
(ii)
the percent of the participating county's taxable value of the locally and centrally
assessed property located within that county to the total taxable value of the
locally and centrally assessed property of all participating counties.
(b)
The fund minimum is equal to or greater than 50 cents per
person
individual
of all
counties participating.
(c)
The amount paid by a participating county under this Subsection
(1)
is the total
county obligation for payment of costs in accordance with Section
78B-22-701
75E-10-402
.
(2)
(a)
A county that elects to initiate participation in the fund, or reestablish participation
in the fund after participation was terminated, is required to make an equity payment
in addition to the assessment required by Subsection
(1)
.
(b)
The equity payment is determined by the commission and represent what the
county's equity in the fund would be if the county had made assessments into the
fund for each of the previous two years.
(3)
If the fund balance after contribution by the state and participating counties is
insufficient to replenish the fund annually to at least $250,000, the commission by a
majority vote may terminate the fund.
(4)
If the fund is terminated, the remaining money shall continue to be administered and
disbursed in accordance with the provision of this chapter until exhausted, at which time
the fund shall cease to exist.
(5)
(a)
If the fund runs a deficit during any calendar year, the state is responsible for the
deficit.
(b)
In the calendar year following a deficit year, the commission shall increase the
assessment required by Subsection
(1)
by an amount at least equal to the deficit of the
previous year, which combined amount becomes the base assessment until another
deficit year occurs.
(6)
In a calendar year in which the fund runs a deficit, or is projected to run a deficit, the
commission shall request a supplemental appropriation to pay for the deficit from the
Legislature in the following general session.
(7)
The state shall pay any or all of the reasonable and necessary money for the deficit into
the fund.
Section 182. Section
75E-10-406
, which is renumbered from Section 78B-22-704 is renumbered
and amended to read:
78B-22-704
75E-10-406
Effective
07/01/26
. Application and qualification for
fund money.
(1)
A participating county may apply to the office for benefits from the fund if that county
has incurred, or reasonably anticipates incurring, expenses for indigent defense services
provided to an indigent individual for an offense involving aggravated murder.
(2)
An application may not be made nor benefits provided from the fund for a case filed
before September 1, 1998.
(3)
If the application of a participating county is approved by the office, the office shall
negotiate, enter into, and administer a contract for the cost of indigent defense services
with an attorney or entity appointed to represent the indigent individual.
(4)
A nonparticipating county is responsible for paying for indigent defense services in the
nonparticipating county and is not eligible for any legislative relief.
Section 183. Section
75E-10-501
, which is renumbered from Section 78B-22-801 is renumbered
and amended to read:
5. Child Welfare Parental Representation Program
78B-22-801
75E-10-501
Effective
07/01/26
. Definitions for part.
As used in this part:
(1)
"Contracted parental representation attorney" means an attorney who represents an
indigent individual who is a parent in a child welfare case under a contract with the
office or a contributing county.
(2)
"Contributing county" means a county that complies with this part for participation in
the fund
described in Section
78B-22-804
.
(3)
"Fund" means the Child Welfare Parental Representation Fund created in Section
78B-22-804
75E-10-504
.
(4)
"Program" means the Child Welfare Parental Representation Program created in Section
78B-22-802
75E-10-502
.
Section 184. Section
75E-10-502
, which is renumbered from Section 78B-22-802 is renumbered
and amended to read:
78B-22-802
75E-10-502
Effective
07/01/26
. Child Welfare Parental
Representation Program -- Creation -- Duties -- Annual report -- Budget.
(1)
There is created within the office the Child Welfare Parental Representation Program.
(2)
(a)
The office shall:
(i)
administer and enforce the program in accordance with this part;
(ii)
manage the operation and budget of the program;
(iii)
develop and provide educational and training programs for contracted parental
representation attorneys; and
(iv)
provide information and advice to assist a contracted parental representation
attorney to comply with the attorney's professional, contractual, and ethical duties.
(b)
In administering the program, the office shall contract with:
(i)
a person who is qualified to perform the program duties under this section; and
(ii)
an attorney, as an independent contractor, in accordance with Section
78B-22-803
75E-10-503
.
(3)
(a)
The executive director shall prepare a budget of:
(i)
the administrative expenses for the program; and
(ii)
the amount estimated to fund needed contracts and other costs.
(b)
On or before October 1 of each year, the executive director shall report to the
governor and the Child Welfare Legislative Oversight Panel regarding the preceding
fiscal year on the operations, activities, and goals of the program.
Section 185. Section
75E-10-503
, which is renumbered from Section 78B-22-803 is renumbered
and amended to read:
78B-22-803
75E-10-503
Effective
07/01/26
. Child welfare parental defense
contracts.
(1)
(a)
The office may enter into a contract with an attorney to provide indigent defense
services for a parent who is the subject of a petition alleging abuse, neglect, or
dependency, and requires indigent defense services under Section
80-3-104
.
(b)
The office shall make payment for the representation, costs, and expenses of a
contracted parental representation attorney from the fund in accordance with Section
78B-22-804
75E-10-504
.
(2)
(a)
Except as provided in Subsection
(2)(b)
, a contracted parental representation
attorney shall:
(i)
complete a basic training course provided by the office;
(ii)
provide parental representation services consistent with the commission's core
principles described in Section
78B-22-404
75E-9-104
;
(iii)
have experience in child welfare cases; and
(iv)
participate each calendar year in continuing legal education courses providing no
fewer than eight hours of instruction in child welfare law.
(b)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
commission may, by rule, exempt from the requirements of Subsection
(2)(a)
an
attorney who has equivalent training or adequate experience.
Section 186. Section
75E-10-504
, which is renumbered from Section 78B-22-804 is renumbered
and amended to read:
78B-22-804
75E-10-504
Effective
07/01/26
. Child Welfare Parental
Representation Fund -- Contracts for coverage by the fund.
(1)
There is created an expendable special revenue fund known as the "Child Welfare
Parental Representation Fund."
(2)
Subject to availability, the office may make distributions from the fund for the
following purposes:
(a)
to pay for indigent defense resources for contracted parental representation attorneys;
(b)
for administrative costs of the program; and
(c)
for reasonable expenses directly related to the functioning of the program, including
training and travel expenses.
(3)
The fund consists of:
(a)
federal funds received by the state as partial reimbursement for amounts expended by
the
Utah Indigent Defense Commission
commission
to pay for parental
representation;
(b)
appropriations made to the fund by the Legislature;
(c)
interest and earnings from the investment of fund money;
(d)
proceeds deposited by contributing counties under this section; and
(e)
private contributions to the fund.
(4)
The state treasurer shall invest the money in the fund by following the procedures and
requirements of
Title 51, Chapter 7, State Money Management Act
.
(5)
(a)
If the office anticipates a deficit in the fund during a fiscal year:
(i)
the commission may request an appropriation from the Legislature; and
(ii)
the Legislature may fund the anticipated deficit through appropriation.
(b)
If the anticipated deficit is not funded by the Legislature under Subsection
(5)(a)
, the
office may request an interim assessment from contributing counties as described in
Subsection
(6)
to fund the anticipated deficit.
(6)
(a)
A county legislative body and the office may annually enter into a contract for the
office to provide indigent defense services for a parent in a child welfare case in the
county out of the fund.
(b)
A contract described in Subsection
(6)(a)
shall:
(i)
require the contributing county described in Subsection
(6)(a)
to pay into the fund
an amount defined by a formula established by the commission; and
(ii)
provide for revocation of the contract for the contributing county's failure to pay
the assessment described in Subsection
(5)
on the due date established by the
commission.
(7)
After the first year of operation of the fund, a contributing county that enters into a
contract under Subsection
(6)
to initiate or reestablish participation in the fund is
required to make an equity payment in the amount determined by the commission, in
addition to the assessment described in Subsection
(5)
.
(8)
A contributing county that withdraws from participation in the fund, or whose
participation in the fund is revoked as described in Subsection
(6)
for failure to pay the
contributing county's assessment when due, shall forfeit any right to any previously paid
assessment by the contributing county or coverage from the fund.
Section 187. Section
75E-10-505
, which is renumbered from Section 78B-22-805 is renumbered
and amended to read:
78B-22-805
75E-10-505
Effective
07/01/26
Repealed
12/31/26
.
Interdisciplinary Parental Representation Pilot Program.
(1)
As used in this section:
(a)
"Parental representation liaison" means an individual who has a bachelor's or
graduate degree in social work, sociology, psychology, human services, or a closely
related field.
(b)
"Program" means the Interdisciplinary Parental Representation Pilot Program created
in this section.
(2)
(a)
There is created within the commission the Interdisciplinary Parental
Representation Pilot Program.
(b)
The purpose of the program is to enhance the legal representation of a parent in a
child welfare case by including a parental representation liaison as a member of the
parent's interdisciplinary legal team.
(3)
(a)
A county may submit a proposal to the commission for a grant to develop a
parental representation liaison position to provide services to parents involved in a
child welfare case in the county.
(b)
A proposal described in Subsection
(3)(a)
shall include details regarding:
(i)
how the county plans to use the grant award to fulfill the purpose described in
Subsection
(2)
;
(ii)
any plan to use funding sources in addition to a grant awarded under this section
for the proposal; and
(iii)
other information the commission determines necessary to evaluate the proposal
for a grant award under this section.
(c)
In evaluating a proposal for a grant award under this section, the commission shall
consider:
(i)
the extent to which the proposal will fulfill the purpose described in Subsection
(2)
;
(ii)
the cost of the proposal;
(iii)
the extent to which other funding sources identified in the proposal are likely to
benefit the proposal;
(iv)
the sustainability of the proposal;
(v)
the need for parental representation liaison engagement in child welfare cases in
the county that submitted the proposal; and
(vi)
whether the proposal will support improvements in indigent defense services in
accordance with the commission core principles described in Section
78B-22-404
75E-9-104
.
(4)
Before October 1, 2023, the commission shall provide a written report to the Health and
Human Services Interim Committee regarding the program that includes information on:
(a)
the number of grants awarded under the program; and
(b)
whether the program had any impact on child welfare case outcomes.
Section 188. Section
75E-10-601
, which is renumbered from Section 78B-22-901 is renumbered
and amended to read:
6. Indigent Appellate Defense Division
78B-22-901
75E-10-601
Effective
07/01/26
. Definitions for part.
As used in this part:
(1)
(a)
"Appellate defense services" means the representation of an indigent individual:
(i)
described in Subsection
78B-22-201(1)(d)
or who is party to an appeal under
Section
77-18a-1
;
(ii)
in an action or on appeal for postconviction relief under
Chapter 9,
Postconviction Remedies Act
Title 78B, Chapter 9, Postconviction Remedies Act
;
or
(iii)
in an appeal of right from an action for the termination or restoration of parental
rights under
Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings
,
Title 80, Chapter 4, Termination and Restoration of Parental Rights
, or Title 81,
Chapter 13, Adoption.
(b)
"Appellate defense services" does not include the representation of an indigent
individual:
(i)
facing an appeal in a case where the indigent individual was prosecuted for
aggravated murder; or
(ii)
in an action or appeal for postconviction relief under
Chapter 9, Postconviction
Remedies Act
Title 78B, Chapter 9, Postconviction Remedies Act
, if the indigent
individual has been sentenced to death.
(2)
"Division" means the Indigent Appellate Defense Division created in Section
78B-22-902
75E-10-602
.
Section 189. Section
75E-10-602
, which is renumbered from Section 78B-22-902 is renumbered
and amended to read:
78B-22-902
75E-10-602
Effective
07/01/26
. Indigent Appellate Defense
Division.
There is created the Indigent Appellate Defense Division within the
Office of Indigent
Defense Services
office
.
Section 190. Section
75E-10-603
, which is renumbered from Section 78B-22-904 is renumbered
and amended to read:
78B-22-904
75E-10-603
Effective
07/01/26
. Chief appellate officer --
Qualifications -- Staff -- Duties.
(1)
(a)
After consulting with the commission, the executive director shall appoint a chief
appellate officer.
(b)
When appointing the chief appellate officer, the executive director shall give
preference to an individual with experience in adult criminal appellate defense
representation.
(2)
The chief appellate officer shall be an active member of the Utah State Bar with an
appropriate background and experience to serve as the chief appellate officer.
(3)
The chief appellate officer shall carry out the duties of the division described in Section
78B-22-903
75E-10-604
.
(4)
The chief appellate officer shall:
(a)
provide appellate defense services in an eligible county;
(b)
hire staff as necessary to carry out the duties of the division described in Section
78B-22-903
75E-10-604
; and
(c)
perform all other duties that are necessary for the division to carry out the division's
statutory duties.
(5)
The chief appellate officer may provide appellate defense services in an action or an
appeal for postconviction relief under
Chapter 9, Postconviction Remedies Act
Title
78B, Chapter 9, Postconviction Remedies Act
, if the court appoints the division to
represent the indigent individual.
Section 191. Section
75E-10-604
, which is renumbered from Section 78B-22-903 is renumbered
and amended to read:
78B-22-903
75E-10-604
Effective
07/01/26
. Powers and duties of the division.
(1)
The division shall:
(a)
provide appellate defense services:
(i)
for an appeal under Section
77-18a-1
, in eligible counties;
(ii)
for an action or an appeal for postconviction relief under
Chapter 9,
Postconviction Remedies Act
Title 78B, Chapter 9, Postconviction Remedies Act
,
if the court appoints the division to represent the indigent individual; and
(iii)
for an appeal of right from an action for the termination or restoration of parental
rights under
Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings
,
Title 80, Chapter 4, Termination and Restoration of Parental Rights
, or Title 81,
Chapter 13, Adoption; and
(b)
provide appellate defense services in accordance with the core principles adopted by
the commission under Section
78B-22-404
75E-9-104
and any other state and
federal standards for appellate defense services.
(2)
Upon consultation with the executive director and the commission, the division shall:
(a)
adopt a budget for the division;
(b)
adopt and publish on the commission's website:
(i)
appellate performance standards;
(ii)
case weighting standards; and
(iii)
any other relevant measures or information to assist with appellate defense
services; and
(c)
if requested by the commission, provide a report to the commission on:
(i)
the provision of appellate defense services by the division;
(ii)
the caseloads of appellate attorneys; and
(iii)
any other information relevant to appellate defense services in the state.
(3)
If the division provides appellate defense services to an indigent individual in an
indigent defense system, the division shall provide notice to the district court and the
indigent defense system that the division intends to be appointed as counsel for the
indigent individual.
(4)
The office shall assist with providing training and continual legal education on appellate
defense to indigent defense service providers in eligible counties.
Section 192. Section
75E-10-701
, which is renumbered from Section 78B-22-1101 is renumbered
and amended to read:
7. Youth Defense Fund
78B-22-1101
75E-10-701
Effective
07/01/26
. Definitions for part.
As used in this part:
(1)
"Fund" means the Youth Defense Fund created in Section
78B-22-1102
75E-10-702
.
(2)
"Participating county" means a county that complies with this part for participation in
the fund.
Section 193. Section
75E-10-702
, which is renumbered from Section 78B-22-1102 is renumbered
and amended to read:
78B-22-1102
75E-10-702
Effective
07/01/26
. Establishment of Youth Defense
Fund -- Use of fund -- Compensation from fund.
(1)
There is established a custodial fund known as the Youth Defense Fund.
(2)
The fund consists of:
(a)
money received from participating counties as described in Section
78B-22-1104
75E-10-704
;
(b)
appropriations made to the fund by the Legislature as described in Subsection
78B-22-1104(8)
75E-10-704(8)
; and
(c)
interest and earnings from the investment of fund money.
(3)
The state treasurer shall invest fund money with the earnings and interest accruing to the
fund.
(4)
The fund shall be used to fulfill the constitutional and statutory mandates for the
provision of constitutionally effective defense for juveniles referred to the juvenile court.
(5)
Money allocated to or deposited into the fund is used only:
(a)
to pay an indigent defense service provider appointed to represent a minor referred to
the juvenile court;
(b)
for defense resources necessary to effectively represent the minor; and
(c)
for costs associated with the management of the fund and indigent defense service
providers.
Section 194. Section
75E-10-703
, which is renumbered from Section 78B-22-1103 is renumbered
and amended to read:
78B-22-1103
75E-10-703
Effective
07/01/26
. Administration of Youth Defense
Fund.
(1)
The commission shall establish rules and procedures for the application by a county for
participation in the fund.
(2)
The office shall:
(a)
receive, screen, and approve or disapprove the application of a county seeking to
participate in the fund;
(b)
calculate the amount of the annual contribution to be made to the fund by each
participating county;
(c)
oversee and approve disbursement of money from the fund; and
(d)
negotiate, enter into, and administer a contract with an attorney or entity to provide
indigent defense services to a minor referred to the juvenile court in a participating
county if the attorney or entity:
(i)
is qualified to provide indigent defense services under this chapter; and
(ii)
meets the standards consistent for providing indigent defense services under this
chapter.
Section 195. Section
75E-10-704
, which is renumbered from Section 78B-22-1104 is renumbered
and amended to read:
78B-22-1104
75E-10-704
Effective
07/01/26
. County participation in the
Youth Defense Fund.
(1)
A county may participate in the fund in accordance with the provisions of this section.
(2)
A county that does not participate in the fund, or is not current in the county's
assessments for the fund, is ineligible to receive indigent defense services provided for
by the fund.
(3)
The commission may revoke a county's participation in the fund if the county fails to
pay the county's assessments when the assessments are due.
(4)
To participate in the fund, the legislative body of a county shall:
(a)
adopt a resolution that approves participation in the fund and commits the county to
fulfilling the assessment requirements; and
(b)
submit a certified copy of that resolution together with an application to the
commission.
(5)
On or before January 15 of each year, a participating county shall contribute to the fund
an amount determined by the office.
(6)
A participating county may withdraw from participation in the fund upon:
(a)
adoption by the county's legislative body of a resolution to withdraw; and
(b)
notice to the commission on or before January 1 of the year in which the county
intends to withdraw.
(7)
A county withdrawing from participation in the fund, or whose participation in the fund
has been revoked for failure to pay the county's assessments when the assessments are
due, shall forfeit the right to:
(a)
any previously paid assessment;
(b)
relief from the county's obligation to pay the county's assessment during the period
of the county's participation in the fund; and
(c)
any benefit from the fund, including reimbursement of costs that accrued after the
last day of the period for which the county has paid the county's assessment.
(8)
(a)
If the fund runs a deficit during a calendar year, the state is responsible for the
deficit.
(b)
In the calendar year following a deficit year, the office shall increase the amount of
the annual assessment that is required for participation in the fund by an amount at
least equal to the deficit of the previous calendar year.
(c)
In a calendar year in which the fund runs a deficit, or is projected to run a deficit, the
office shall request a supplemental appropriation to pay for the deficit from the
Legislature in the following general session.
(d)
The state shall pay any or all of the reasonable and necessary money for the deficit
into the fund.
Section 196. Section
75E-11-101
, which is renumbered from Section 77-38-601 is renumbered
and amended to read:
11. Safe at Home Program
1. General Provisions
77-38-601
75E-11-101
Effective
07/01/26
. Definitions for chapter.
As used in this
part
chapter
:
(1)
"Abuse" means
any of the following
:
(a)
"abuse" as that term is defined in Section
76-5-111
or
80-1-102
; or
(b)
"child abuse" as that term is defined
child abuse, as described
in Section
76-5-109
.
(2)
"Actual address" means the residential street address of the program participant that is
stated in a program participant's application for enrollment or on a notice of a change of
address under Section
77-38-610
75E-11-309
.
(3)
"Assailant" means an individual who commits or threatens to commit abuse, human
trafficking, domestic violence, stalking, or a sexual offense against an applicant for the
program or a minor or incapacitated individual residing with an applicant for the
program.
(4)
"Assigned address" means an address designated by the
commission
department
and
assigned to a program participant.
(5)
"Authorization card" means a card issued by the
commission
department
that identifies
a program participant as enrolled in the program with the program participant's assigned
address and the date on which the program participant will no longer be enrolled in the
program.
(6)
"Commission" means the State Commission on Criminal and Juvenile Justice created
in Section
63M-7-201
.
(7)
(6)
"Domestic violence" means the same as that term is defined in Section
77-36-1
.
(8)
(7)
"Human trafficking" means a human trafficking offense under Section
76-5-308
.
(9)
(8)
"Incapacitated individual" means an individual who is incapacitated, as defined in
Section
75-1-201
.
(10)
(9)
(a)
"Mail" means first class letters or flats delivered by the United States Postal
Service, including priority, express, and certified mail.
(b)
"Mail" does not include a package, parcel, periodical, or catalogue, unless the
package, parcel, periodical, or catalogue is clearly identifiable as:
(i)
being sent by a federal, state, or local agency or another government entity; or
(ii)
a pharmaceutical or medical item.
(11)
(10)
"Minor" means an individual who is younger than 18 years old.
(12)
(11)
"Notification form" means a form issued by the
commission
department
that a
program participant may send to a person demonstrating that the program participant is
enrolled in the program.
(13)
(12)
"Program" means the Safe at Home Program created in Section
77-38-602
75E-11-102
.
(14)
(13)
"Program assistant" means an individual designated by the
commission
department
under Section
77-38-604
75E-11-303
to assist an applicant or program
participant.
(15)
(14)
"Program participant" means an individual who is enrolled under Section
77-38-606
75E-11-305
by the
commission
department
to participate in the program.
(16)
(15)
"Record" means the same as that term is defined in Section
63G-2-103
.
(17)
(16)
(a)
"Sexual offense" means:
(i)
a sexual offense under
Title 76, Chapter 5, Part 4, Sexual Offenses
; or
(ii)
a sexual exploitation offense under
Title 76, Chapter 5b, Part 2, Sexual
Exploitation
.
(b)
"Sexual offense" does not include an offense under:
(i)
Section
76-5-417
, enticing a minor;
(ii)
Section
76-5-418
, sexual battery;
(iii)
Section
76-5-419
, lewdness;
(iv)
Section
76-5-420
, lewdness involving a child; or
(v)
Section
76-5b-206
, failure to report child sexual abuse material by a computer
technician.
(18)
(17)
"Stalking" means the same as that term is defined in Section
76-5-106.5
.
(19)
(18)
"State or local government entity" means a county, municipality, higher
education institution, special district, special service district, or any other political
subdivision of the state or an administrative subunit of the executive, legislative, or
judicial branch of this state, including:
(a)
a law enforcement entity or any other investigative entity, agency, department,
division, bureau, board, or commission; or
(b)
an individual acting or purporting to act for or on behalf of a state or local entity,
including an elected or appointed public official.
(20)
(19)
"Victim" means a victim of abuse, domestic violence, human trafficking,
stalking, or sexual assault.
Section 197. Section
75E-11-102
, which is renumbered from Section 77-38-602 is renumbered
and amended to read:
77-38-602
75E-11-102
Effective
07/01/26
. Creation -- Department
responsibilities -- Rulemaking -- Retention and destruction of records.
(1)
There is created the Safe at Home Program within the
commission
department
.
(2)
Under the program, the
commission
department
shall:
(a)
designate, train, and manage program assistants;
(b)
develop, distribute, and process application forms and related materials for the
program;
(c)
designate an assigned address for a program participant to be used by the program
participant and a state or local government entity; and
(d)
receive mail sent to a program participant's assigned address, forward the mail to the
program participant's actual address at the
commission's
department's
expense, and
track and maintain records for all mail received.
(3)
The department shall establish policies and procedures regarding the maintenance and
destruction of applications, records, and other documents received or generated under
this chapter.
(4)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules to:
(a)
establish a process to expedite requests from law enforcement officers and agencies
in accordance with Section
75E-11-312
;
(b)
establish procedures for an appeal process regarding cancellation of enrollment under
Section
75E-11-316
; and
(c)
establish the procedures for the retention and destruction of records and other
documents in accordance with Subsection
(3)
.
Section 198. Section
75E-11-201
is enacted to read:
2. Program Funding
75E-11-201
Effective
07/01/26
. Definitions for part.
As used in this part, "account" means the Safe at Home Program Restricted Account
created in Section
75E-11-202
.
Section 199. Section
75E-11-202
, which is renumbered from Section 77-38-620 is renumbered
and amended to read:
77-38-620
75E-11-202
Effective
07/01/26
. Safe at Home Program Restricted
Account -- Report.
(1)
There is created a restricted account in the General Fund known as the "Safe at Home
Program Restricted Account."
(2)
The account shall be funded by:
(a)
private contributions;
(b)
gifts, donations, or grants from public or private entities; and
(c)
interest and earnings on account money.
(3)
Upon appropriation by the Legislature, the
commission
department
may expend funds
from the account to:
(a)
designate, train, and manage program assistants;
(b)
develop, distribute, and process application forms and related materials for the
program;
(c)
assist applicants and program participants in enrolling in the program; or
(d)
ensure program participants receive mail forwarded from the program to the program
participant's actual address.
(4)
No later than December 31 of each year, the
commission
department
shall provide to
the Criminal Justice Appropriations Subcommittee a written report of the program's
activities, including:
(a)
the contributions received under Subsection
(2)
;
(b)
an accounting of the money expended or committed to be expended by the
commission
department
under Subsection
(3)
; and
(c)
the balance of the account.
Section 200. Section
75E-11-301
is enacted to read:
3. Program Administration
75E-11-301
Effective
07/01/26
. Definitions for part.
Reserved.
Section 201. Section
75E-11-302
, which is renumbered from Section 77-38-603 is renumbered
and amended to read:
77-38-603
75E-11-302
Effective
07/01/26
. Eligibility.
(1)
An applicant is eligible to participate in the program if the applicant attests that the
applicant:
(a)
is a resident of this state;
(b)
(i)
is a victim;
(ii)
is a parent or a guardian of an individual who:
(A)
is a victim; and
(B)
resides at the same address as the parent or guardian;
(iii)
resides at the same address where a victim resides; or
(iv)
fears for the applicant's physical safety, or for the physical safety of a minor or
incapacitated individual residing at the same address as the applicant, from a
threat of abuse, domestic violence, human trafficking, stalking, or sexual assault;
(c)
(i)
resided at a residential address that was known by an assailant and relocated
within the past 90 days to a different residential address that is not known by the
assailant;
(ii)
resides at a residential address known by the assailant and intends to relocate
within 90 days to a different residential address in the state that is not known by
the assailant; or
(iii)
resides at a residential address that is not known by the assailant;
(d)
will not disclose the different residential address to the assailant; and
(e)
will benefit from participation in the program.
(2)
An applicant may participate in the program regardless of whether:
(a)
a criminal charge is filed against an assailant;
(b)
the applicant has a restraining order or injunction against an assailant; or
(c)
the applicant reported an act or threat by an assailant to a law enforcement agency or
officer.
(3)
An applicant may participate in the program only upon the recommendation of a
program assistant.
(4)
To participate in the program:
(a)
an applicant shall sign, date, and verify the information on an application; and
(b)
the
commission
department
shall verify the applicant's current residential address as
provided on the application.
(5)
A parent or guardian may act on behalf of a minor or an incapacitated individual in
determining whether the minor or the incapacitated individual is eligible for the program.
Section 202. Section
75E-11-303
, which is renumbered from Section 77-38-604 is renumbered
and amended to read:
77-38-604
75E-11-303
Effective
07/01/26
. Designation of program assistants.
(1)
The
commission
department
may designate as a program assistant, an individual that:
(a)
(i)
is an employee of the commission or a state or local government entity; or
(ii)
is a volunteer for an organization that provides counseling, assistance, or support
services at no charge to victims; and
(b)
(i)
provides counseling, referrals, or other services to victims; and
(ii)
completes any training or registration process required by the
commission
department
.
(2)
A program assistant shall:
(a)
assist an applicant in preparing an application for the program; and
(b)
sign, date, and verify an application for the program.
(3)
A signature of a program assistant is a recommendation by the program assistant that
the applicant is eligible to participate in the program under Section
77-38-603
75E-11-302
.
Section 203. Section
75E-11-304
, which is renumbered from Section 77-38-605 is renumbered
and amended to read:
77-38-605
75E-11-304
Effective
07/01/26
. Administration -- Application.
(1)
The
commission
department
shall provide an application form to an applicant who
seeks to participate in the program under this part.
(2)
The
commission
department
may not charge an applicant or program participant for an
application or participation fee to apply for, or participate in, the program.
(3)
The application shall include:
(a)
the applicant's name;
(b)
a mailing address, a phone number, and an email address where the applicant may be
contacted by the
commission
department
;
(c)
an indication regarding whether the assailant is employed by a state or local
government entity, and if applicable, the name of the state or local government entity;
(d)
a statement that the applicant understands and consents to:
(i)
remain enrolled in the program for four years, unless the applicant's participation
in the program is cancelled under Section
77-38-617
75E-11-316
;
(ii)
while the applicant is enrolled in the program, notify the
commission
department
when the applicant changes the applicant's actual address or legal name;
(iii)
develop a safety plan with a program assistant;
(iv)
authorize the
commission
department
to notify a state or local government
entity that the applicant is a program participant;
(v)
submit written notice to the
commission
department
if the applicant chooses to
cancel the applicant's participation in the program;
(vi)
register to vote in person at the office of the clerk in the county where the
applicant's actual address is located; and
(vii)
certify that the
commission
department
is the applicant's designated agent for
service of process for personal service;
(e)
evidence that the applicant, or a minor or an incapacitated individual residing with
the applicant, is a victim, including:
(i)
a law enforcement, court, or other state, local, or federal government agency
record; or
(ii)
a document from:
(A)
a domestic violence program, facility, or shelter;
(B)
a sexual assault program; or
(C)
a religious, medical, or other professional from whom the applicant, or the
minor or the incapacitated individual residing with the applicant, sought
assistance in dealing with alleged abuse, domestic violence, stalking, or a
sexual offense;
(f)
a statement from the applicant that a disclosure of the applicant's actual address
would endanger the applicant, or a minor or an incapacitated individual residing with
the applicant;
(g)
a statement by the applicant that the applicant:
(i)
resides at a residential address that is not known by the assailant;
(ii)
has relocated to a different residential address in the past 90 days that is not
known by the assailant; or
(iii)
will relocate to a different residential address in the state within 90 days that is
not known by the assailant;
(h)
the actual address that:
(i)
the applicant requests that the
commission
department
not disclose; and
(ii)
is at risk of discovery by the assailant or potential assailant;
(i)
a statement by the applicant disclosing:
(i)
the existence of a court order or action involving the applicant, or a minor or an
incapacitated individual residing with the applicant, related to a divorce
proceeding, a child support order or judgment, or the allocation of custody or
parent-time; and
(ii)
the court that issued the order or has jurisdiction over the action;
(j)
the name of any other individual who resides with the applicant who needs to be a
program participant to ensure the safety of the applicant, or a minor or an
incapacitated individual residing with the applicant;
(k)
a statement by the applicant that:
(i)
the applicant, or a minor or an incapacitated individual residing at the same
address as the applicant, will benefit from participation in the program;
(ii)
if the applicant intends to vote, the applicant will register to vote at the office of
the clerk in the county in which the applicant actually resides; and
(iii)
the applicant does not have a current obligation to register as a sex offender,
kidnap offender, or child abuse offender under Title 53, Chapter 29, Sex, Kidnap,
and Child Abuse Offender Registry;
(l)
a statement by the applicant, under penalty of perjury, that the information contained
in the application is true;
(m)
a statement that:
(i)
if the applicant intends to use the assigned address for any correspondence with
the State Tax Commission, the applicant must provide the State Tax Commission
with the applicant's social security number, federal employee identification
number, and any other identification number related to a tax, fee, charge, or
license administered by the State Tax Commission; and
(ii)
if the applicant intends to use the assigned address for correspondence to a state
or local government entity for the purpose of titling or registering a motor vehicle
or a watercraft that is owned or leased by the applicant, the applicant shall provide
to the state or local government entity for each motor vehicle or watercraft:
(A)
the motor vehicle or hull identification number;
(B)
the license plate or registration number for the motor vehicle or the watercraft;
and
(C)
the physical address where each motor vehicle or watercraft is stored; and
(n)
a statement that any assistance or counseling provided by a program assistant as part
of the program does not constitute legal advice or legal services to the applicant.
Section 204. Section
75E-11-305
, which is renumbered from Section 77-38-606 is renumbered
and amended to read:
77-38-606
75E-11-305
Effective
07/01/26
. Enrollment of a program
participant.
(1)
(a)
Within five business days after the day on which the
commission
department
grants enrollment to a program participant, the
commission
department
shall issue
the program participant:
(i)
an assigned address;
(ii)
an authorization card; and
(iii)
a notification form.
(b)
An authorization card is valid while the program participant is enrolled in the
program.
(2)
A program participant is enrolled in the program for four years beginning on the day on
which the enrollment is granted, unless the enrollment is withdrawn, or is cancelled
under Section
77-38-617
75E-11-316
, before the end of the four-year period.
(3)
A program participant may withdraw from the program by filing a request for
withdrawal with the
commission
department
that is acknowledged before a notary
public.
(4)
(a)
A program participant may renew enrollment by filing a renewal application with
the
commission
department
at least 30 days before the day on which enrollment in
the program will expire.
(b)
The applicant shall date, sign, and verify the renewal application.
(c)
The renewal application shall contain:
(i)
all statements or information required by Subsection
77-38-605(3)
75E-11-304(3)
that have changed from the original application or a prior renewal application;
(ii)
a statement by the applicant that the applicant, or a minor or an incapacitated
individual residing at the same address as the applicant, will continue to benefit
from participation in the program; and
(iii)
a statement by the applicant, under penalty of perjury, that the information
contained in the renewal application is true.
Section 205. Section
75E-11-306
, which is renumbered from Section 77-38-607 is renumbered
and amended to read:
77-38-607
75E-11-306
Effective
07/01/26
. Use of assigned address -- Release
of information.
(1)
The
commission
department
shall forward all mail that the office receives at the
assigned address for a program participant to the program participant's actual address.
(2)
The
commission
department
shall provide, at the request of a program participant or a
state or local government entity, confirmation of an individual's status as a program
participant.
(3)
Except as provided in Sections
77-38-611
75E-11-310
,
77-38-612
75E-11-311
, and
77-38-613
75E-11-312
, the
commission
department
may not disclose a program
participant's actual address to any person.
Section 206. Section
75E-11-307
, which is renumbered from Section 77-38-608 is renumbered
and amended to read:
77-38-608
75E-11-307
Effective
07/01/26
. Use of assigned address --
Confidentiality.
(1)
A program participant may use the assigned address provided to the program participant
to receive mail as provided in Subsection
77-38-602(2)
75E-11-102(2)
.
(2)
(a)
A state or local government entity may not refuse to use a program participant's
assigned address for any official business, unless:
(i)
the state or local government entity is statutorily required to use the program
participant's actual address; or
(ii)
the state or local government entity is permitted or required to use the program
participant's actual address under this
part
chapter
.
(b)
A state or local government entity may confirm an individual's status as a program
participant with the
commission
department
.
(3)
A state or local government entity, after receiving a copy of the notification form from a
program participant or a notification of the program participant's enrollment from the
commission
department
, may not:
(a)
except as provided in Subsection
(2)(a)
, refuse to use the assigned address for the
program participant, or a minor or an incapacitated individual residing with the
program participant;
(b)
except as provided in Subsection
(4)
, require a program participant to disclose the
program participant's actual address; or
(c)
except as provided in Section
77-38-611
75E-11-310
, intentionally disclose to
another person or state or local government entity the program participant's actual
address.
(4)
Notwithstanding Subsections
(2)
and
(3)
, a county clerk may require a program
participant to disclose the program participant's actual address:
(a)
for voter registration; and
(b)
to enroll a program participant in a program designed to protect the confidentiality of
a voter's address.
(5)
If a program participant is enrolled in a program designed to protect the confidentiality
of a voter's address, a county clerk:
(a)
shall classify the program participant's actual address as concealed; and
(b)
may not disclose the program participant's actual address.
Section 207. Section
75E-11-308
, which is renumbered from Section 77-38-609 is renumbered
and amended to read:
77-38-609
75E-11-308
Effective
07/01/26
. Disclosure of actual address
prohibited.
(1)
(a)
The
commission
department
may not disclose a program participant's actual
address, unless:
(i)
required by a court order; or
(ii)
the
commission
department
grants a request from a state or local government
entity under Section
77-38-612
75E-11-311
.
(b)
The
commission
department
shall provide a program participant immediate
notification of a disclosure of the program participant's actual address if the
disclosure is made under Subsection
(1)(a)(i)
or
(ii)
.
(2)
If, at the time of application, an applicant, or a parent or guardian of an applicant, is
subject to a court order relating to a divorce proceeding, a child support order or
judgment, or an allocation of custody or parent-time, the
commission
department
shall
provide notice of whether the applicant is enrolled under the program and the assigned
address of the applicant to the court that issued the order or has jurisdiction over the
action.
(3)
A person may not knowingly or intentionally obtain a program participant's actual
address from the
commission
department
or any state or local government entity if the
person is not authorized to obtain the program participant's actual address.
(4)
Unless the disclosure is permitted under this
part
chapter
or is otherwise permitted by
law, an employee of the
commission
department
or a state or local government entity
may not knowingly or intentionally disclose a program participant's actual address if:
(a)
the employee obtains a program participant's actual address during the course of the
employee's official duties; and
(b)
at the time of disclosure, the employee has specific knowledge that the address is the
actual address of the program participant.
(5)
A person who intentionally or knowingly obtains or discloses information in violation
of this
part
chapter
is guilty of a class B misdemeanor.
Section 208. Section
75E-11-309
, which is renumbered from Section 77-38-610 is renumbered
and amended to read:
77-38-610
75E-11-309
Effective
07/01/26
. Change of name, address, or
telephone number.
(1)
A program participant shall notify the
commission
department
no later than 30 days
after the day on which the program participant obtains a legal name change, by
providing the
commission
department
with a certified copy of a judgment or order
establishing the name change, or any other documentation that is sufficient evidence of
the name change.
(2)
A program participant shall notify the
commission
department
no later than 10
business days after the day on which the program participant's actual address or
telephone number changes from the actual address or telephone number listed for the
program participant.
(3)
If a program participant remains enrolled in the program after a change of address, the
program participant may not change the program participant's assigned address with the
Driver License Division created under Section
53-3-103
.
Section 209. Section
75E-11-310
, which is renumbered from Section 77-38-611 is renumbered
and amended to read:
77-38-611
75E-11-310
Effective
07/01/26
. Address use by state or local
government entities.
(1)
Except as otherwise provided in Subsection
(7)
, a program participant is responsible for
requesting that a state or local government entity use the program participant's assigned
address as the program participant's residential address.
(2)
Except as otherwise provided in this
part
chapter
, if a program participant submits a
valid authorization card, or a notification form, to a state or local government entity, the
state or local government entity shall accept the assigned address listed on the
authorization card or notification form as the program participant's address to be used as
the program participant's residential address when creating a record.
(3)
The program participant's assigned address shall be listed as the last known address if
any last known address requirement is needed by the state or local government entity.
(4)
The state or local government entity may photocopy a program participant's
authorization card for a record for the state or local government entity, but the state or
local government entity shall immediately return the authorization card to the program
participant.
(5)
(a)
An election official, as defined in Section
20A-1-102
, shall:
(i)
use a program participant's actual address for precinct designation and all official
election-related purposes;
(ii)
classify the program participant's actual address as concealed; and
(iii)
keep the program participant's actual address confidential from the public.
(b)
A program participant may not use the program participant's assigned address for
voter registration.
(c)
An election official shall use the assigned address for all correspondence and mail for
the program participant placed in the United States mail.
(d)
A state or local government entity's access to a program participant's voter
registration is subject to the request for disclosure process under Section
77-38-612
75E-11-311
.
(e)
This Subsection
(5)
applies only to a program participant who submits a valid
authorization card or a notification form when registering to vote.
(6)
(a)
A state or local government entity may not use a program participant's assigned
address for the purposes of listing
,
or appraising a property, or assessing property
taxes.
(b)
Except as provided by Subsection
(6)(c)
, all property assessments and tax notices,
property tax collection notices, and all property related correspondence placed in the
United States mail for the program participant shall be addressed to the assigned
address.
(c)
The State Tax Commission shall use the actual address of a program participant,
unless the
commission
department
provides the following information to the State
Tax Commission:
(i)
the full name of the program participant; and
(ii)
the program participant's social security number, federal employee identification
number, and any other identification number related to a tax, fee, charge, or
license administered by the State Tax Commission.
(7)
(a)
A state or local government entity may not use a program participant's assigned
address for purposes of assessing any taxes or fees on a motor vehicle or a watercraft
for titling or registering a motor vehicle or a watercraft.
(b)
Except as provided by Subsection
(7)(c)
, all motor vehicle and watercraft
assessments and tax notices, title registration notices, and all related correspondence
placed in the United States mail for the program participant is required to be
addressed to the assigned address.
(c)
The Motor Vehicle Division shall use the actual address of a program participant,
unless the
commission
department
provides the following information to the Motor
Vehicle Division:
(i)
the full name of the program participant;
(ii)
the assigned address of the program participant;
(iii)
the motor vehicle or hull identification number for each motor vehicle or
watercraft that is owned or leased by the program participant;
(iv)
the license plate or registration number for each motor vehicle or watercraft that
is owned or leased by the program participant; and
(v)
the physical address
where
of
each motor vehicle or watercraft that is owned or
leased by the program participant.
(d)
Notwithstanding any other provision of this
part
chapter
, the Motor Vehicle
Division may disclose to another state or local government entity all information that
is necessary for the state or local government entity to distribute any taxes or fees
collected for titling or registering a motor vehicle or a watercraft.
(e)
Notwithstanding Section
41-1a-116
or any other provision of this part, the Motor
Vehicle Division may not disclose the actual address of a program participant
described in Subsection
77-38-605(3)(m)(ii)
to:
(i)
the Utah Criminal Justice Information System; or
(ii)
the title, lien, and registration system that is provided to the Motor Vehicle
Division by a third party contractor and is accessed in accordance with Subsection
41-1a-116(4)
.
(8)
(a)
The Division of Adult Probation and Parole created in Section
64-14-202
, or any
other entity responsible for supervising a program participant who is on probation or
parole as a result of a criminal conviction or an adjudication, may not use the
program participant's assigned address if the program participant's actual address is
necessary for supervising the program participant.
(b)
All written communication delivered through the United States mail to the program
participant by the Department of Corrections, or the other entity described in
Subsection
(8)(a)
, shall be addressed to the program participant's assigned address.
(9)
If a program participant is required by law to swear or affirm to the program
participant's address, the program participant may use the program participant's assigned
address.
(10)
(a)
A school district shall:
(i)
accept the assigned address as the address of record; and
(ii)
verify student enrollment eligibility with the
commission
department
.
(b)
The
commission
department
shall help facilitate the transfer of student records as
needed.
(11)
(a)
Notwithstanding
Title 63G, Chapter 2, Government Records Access and
Management Act
, a record containing a program participant's address is confidential
and, regardless of the record's classification under
Title 63G, Chapter 2, Part 3,
Classification
, may not be disclosed by a state or local government entity, unless
otherwise provided under this
part
chapter
.
(b)
A program participant's actual address may not be disclosed to a third party by a state
or local government entity, except:
(i)
in a record created more than 90 days before the date on which the program
participant applied for enrollment in the program; or
(ii)
if a program participant voluntarily requests, in writing, that the program
participant's actual address be disclosed to the third party.
(c)
For a record created within 90 days before the date that a program participant applied
for enrollment in the program, a state or local government entity shall redact the
actual address from the record or change the actual address to the assigned address in
the public record if the program participant presents a valid authorization card or a
notification form and requests that the state or local government entity use the
assigned address instead of the actual address on the record.
Section 210. Section
75E-11-311
, which is renumbered from Section 77-38-612 is renumbered
and amended to read:
77-38-612
75E-11-311
Effective
07/01/26
. Request for disclosure.
(1)
A state or local government entity requesting disclosure of a program participant's
actual address in accordance with this section shall make the request:
(a)
in writing;
(b)
on the state or local government entity's letterhead; and
(c)
with the signature of the head or an executive-level official of the state or local
government entity.
(2)
In accordance with Subsection
(1)
, a state or local government entity requesting
disclosure of a program participant's actual address shall provide the
commission
department
with the name of the program participant and a statement:
(a)
explaining why the state or local government entity is requesting the program
participant's actual address;
(b)
explaining why the state or local government entity cannot meet the state or local
government entity's statutory or administrative obligations without the disclosure of
the program participant's actual address;
(c)
of facts showing that:
(i)
other methods to locate the program participant's actual address have failed;
(ii)
other methods will be unlikely to succeed; or
(iii)
other means of contacting the program participant have failed or are unavailable;
and
(d)
that the state or local government entity has adopted a procedure to protect the
confidentiality of the program participant's actual address.
(3)
In response to a request for disclosure under Subsection
(2)
, the
commission
department
may request additional information from the state or local government entity
to help identify the program participant in the records of the office or to assess whether
disclosure to the state or local government entity is permitted under this part.
(4)
(a)
Except as provided in Subsection
(4)(b)
, after receiving a request for disclosure
from a state or local government entity under Subsection
(1)
, the
commission
department
shall provide a program participant with written notification:
(i)
informing the participant of the request, and to the extent possible, of an
opportunity to be heard regarding the request; and
(ii)
after a decision is made by the
commission
department
, whether the request has
been granted or denied.
(b)
The
commission
department
is not required to provide notice of a request for
disclosure to a program participant under Subsection
(4)(a)
when:
(i)
the request is made by a state or local law enforcement agency conducting a
criminal investigation involving alleged criminal conduct by the program
participant; or
(ii)
providing notice to the program participant would jeopardize an ongoing criminal
investigation or the safety of law enforcement personnel.
(5)
The
commission
department
shall grant a state or local government entity's request for
disclosure and disclose the program participant's actual address if:
(a)
the state or local government entity has demonstrated a good faith statutory or
administrative need for the actual address;
(b)
the actual address will be used only for the purpose stated in the request;
(c)
other methods to locate the program participant or the program participant's actual
address have failed or are unlikely to succeed;
(d)
other means of contacting the program participant have failed or are unavailable; and
(e)
the state or local government entity has adopted a procedure to protect the
confidentiality of the program participant's actual address.
(6)
If the
commission
department
grants a request for disclosure under this section, the
commission
department
shall provide the state or local government entity with a
disclosure that contains:
(a)
the program participant's actual address;
(b)
a statement of the permitted use of the program participant's actual address;
(c)
the names or classes of persons permitted to have access to or use of the program
participant's actual address;
(d)
a statement that the state or local government entity is required to limit access to and
use of the program participant's actual address to the permitted use and to the listed
persons or classes of persons; and
(e)
if expiration of the disclosure is appropriate, the date on which the permitted use of
the program participant's actual address expires.
(7)
If a request for disclosure is granted by the
commission
department
, a state or local
government entity shall:
(a)
limit use of the program participant's actual address to the purpose stated in the
disclosure;
(b)
limit access to the program participant's actual address to the persons or classes of
persons stated in the disclosure;
(c)
cease use of the program participant's actual address upon the expiration of the
permitted use;
(d)
dispose of the program participant's actual address upon the expiration of the
permitted use; and
(e)
except as permitted in the request for disclosure, maintain the confidentiality of the
program participant's actual address.
(8)
Upon denial of a state or local government entity's request for disclosure, the
commission
department
shall promptly provide a written notification to the state or local
government entity explaining the specific reasons for denying the request for disclosure.
(9)
(a)
A state or local government entity may file a written appeal with the
commission
department
no later than 15 days after the day on which the state or local government
entity receives the written notification under Subsection
(8)
.
(b)
A state or local government entity filing a written appeal under Subsection
(9)(a)
shall:
(i)
restate the information contained in the request for disclosure; and
(ii)
respond to the
commission
's
department's
reason for denying the request for
disclosure.
(c)
The
commission
department
shall make a final determination on the appeal within
30 days after the day on which the appeal is received by the
commission
department
,
unless the state or local government entity and the
commission
department
agree to
a different deadline.
(d)
Before the
commission
department
makes a final determination, the
commission
department
may conduct a hearing or request additional information from the state or
local government entity or the program participant.
Section 211. Section
75E-11-312
, which is renumbered from Section 77-38-613 is renumbered
and amended to read:
77-38-613
75E-11-312
Effective
07/01/26
. Request for disclosure by law
enforcement.
(1)
The
commission
department
shall establish a process to expedite a request submitted
by a law enforcement officer or agency for the disclosure of information regarding a
program participant who is involved in a criminal proceeding or investigation within 24
hours of the law enforcement officer or agency submitting the request.
(2)
If a law enforcement officer or agency seeks the disclosure of a program participant's
actual address from the
commission
department
under Subsection
(1)
, the law
enforcement officer or agency shall certify to the commission, or the commission's
designee, that the official or agency has a system in place to protect the program
participant's actual address from disclosure to:
(a)
the public; and
(b)
law enforcement personnel who are not involved in the criminal proceeding or
investigation for which the disclosure is requested.
(3)
Upon expiration of the use for the program participant's actual address in a criminal
proceeding or investigation, a law enforcement officer or agency shall remove the
program participant's actual address from any record system maintained by the law
enforcement officer or agency.
Section 212. Section
75E-11-313
, which is renumbered from Section 77-38-614 is renumbered
and amended to read:
77-38-614
75E-11-313
Effective
07/01/26
. Service of process at the assigned
address.
(1)
In accordance with the Utah Rules of Civil Procedure, Rule 4, the
commission
department
is the agent authorized to receive process for a program participant.
(2)
In accordance with the Utah Rules of Civil Procedure, Rule 5, the last known address
for a program participant is the program participant's assigned address, not the program
participant's actual address.
Section 213. Section
75E-11-314
, which is renumbered from Section 77-38-615 is renumbered
and amended to read:
77-38-615
75E-11-314
Effective
07/01/26
. Participation in the program --
Orders in relation to allocation of custody or parent-time.
(1)
A court may not consider a parent's participation in the program for the purpose of
making an order allocating custody or parent-time under Title 81, Chapter 9, Custody,
Parent-time, and Visitation.
(2)
A court shall take practical measures to keep a program participant's actual address
confidential when making an order allocating custody or parent-time.
(3)
Nothing in this part affects an order relating to the allocation of custody or parent-time
in effect
prior to
before
or during a program participant's participation in the program.
Section 214. Section
75E-11-315
, which is renumbered from Section 77-38-616 is renumbered
and amended to read:
77-38-616
75E-11-315
Effective
07/01/26
. Disclosure of address or identifiable
information in a judicial or administrative proceeding.
(1)
A program participant may submit the program participant's actual address to the court
as a safeguarded record in accordance with the Utah Code of Judicial Administration,
Rule 4-202.02.
(2)
A person may not compel disclosure of a program participant's actual address or
identifying information related to the program participant's residence during a
proceeding in a court or administrative proceeding, unless:
(a)
the court orders the disclosure of the program participant's address; or
(b)
an administrative tribunal finds, based on a preponderance of the evidence, that:
(i)
the disclosure is required in the interest of justice;
(ii)
public interest in the disclosure substantially outweighs the potential harm to the
program participant; or
(iii)
no other alternative would satisfy the necessity of the disclosure.
(3)
If disclosure of a program participant's actual address is required in a proceeding before
a court or administrative tribunal, the court or administrative tribunal may safeguard the
portion of a record that contains the program participant's actual address.
(4)
Nothing in this section prevents a state or local government entity from using a program
participant's actual address in filing a document or record with a court or administrative
tribunal if, at the time of the filing, the document or record is filed under safeguard or
not a public record.
Section 215. Section
75E-11-316
, which is renumbered from Section 77-38-617 is renumbered
and amended to read:
77-38-617
75E-11-316
Effective
07/01/26
. Cancellation of enrollment --
Records.
(1)
The
commission
department
shall cancel a program participant's enrollment in the
program if:
(a)
the program participant submits to the
commission
department
a written request to
withdraw from enrollment in accordance with Section
77-38-606
75E-11-305
;
(b)
the program participant fails to notify the
commission
department
of a change in the
program participant's name, actual address, or telephone number that is listed on the
application;
(c)
the program participant, or a parent or guardian of the program participant,
knowingly submits false information in the program application; or
(d)
mail forwarded to the program participant by the
commission
department
is
returned as undeliverable.
(2)
(a)
If the
commission
department
determines that there are grounds for cancelling a
program participant's enrollment in accordance with Subsection
(1)
, the commission
shall send notice of the cancellation with the reason for cancellation to the program
participant at the program participant's actual address and email address.
(b)
A program participant has 30 days to appeal the cancellation decision in accordance
with procedures developed by the
commission
department
.
(3)
A program participant who receives a notice of cancellation is responsible for notifying
a person who uses the program participant's assigned address to communicate with the
program participant that the assigned address is no longer valid.
(4)
If the
commission
department
cancels a program participant's enrollment in the
program, the program participant is not eligible to participate in the program for six
months after the day on which the
commission
department
cancels the program
participant's enrollment in the program.
Section 216. Section
75E-11-317
, which is renumbered from Section 77-38-619 is renumbered
and amended to read:
77-38-619
75E-11-317
Effective
07/01/26
. Immunity from suit.
(1)
A program assistant, or a program assistant's employer, is immune from liability in a
civil action or proceeding involving the performance or nonperformance of a duty under
this
part
chapter
, unless:
(a)
the performance or nonperformance of a program assistant was manifestly outside
the scope of the program assistant's duties in the program; or
(b)
the program assistant acted with malicious purpose, bad faith, or in a wanton or
reckless manner.
(2)
In addition to the governmental immunity granted in
Title 63G, Chapter 7,
Governmental Immunity Act of Utah
, or any other governmental immunity provided by
law, the
commission
department
, the state, and the political subdivisions of the state are
immune from liability in a civil action or proceeding involving the performance or
nonperformance of a duty under the program.
Section 217. Section
76-1-101.6
is amended to read:
76. CRIMINAL OFFENSES
76-1-101.6
Effective
07/01/26
. Application of definitions to title.
(1)
For formatting purposes, sections in this title that contain a criminal offense include an
express provision that states that the title definitions in Section
76-1-101.5
apply to that
section.
(2)
Although a provision described in Subsection
(1)
is not included in non-offense sections
in
Title 76, Utah Criminal Code
this title
, or in other titles, title definitions apply to all
statutes within a title unless otherwise expressly provided.
Section 218. Section
76-3-202
is amended to read:
76-3-202
Effective
07/01/26
. Paroled individuals -- Termination or discharge
from sentence -- Time served on parole -- Discretion of Board of Pardons and Parole.
(1)
As described in Subsection
77-27-5(7)
, every individual committed to the state prison to
serve an indeterminate term and, after December 31, 2018, released on parole shall
complete a term of parole that extends through the expiration of the individual's
maximum sentence unless the parole is earlier terminated by the Board of Pardons and
Parole in accordance with the adult sentencing and supervision length guidelines, as
defined in Section
63M-7-401.1
75E-4-101
, to the extent the guidelines are consistent
with the requirements of the law.
(2)
(a)
Except as provided in Subsection
(2)(b)
, an individual committed to the state
prison to serve an indeterminate term and released on parole on or after October 1,
2015, but before January 1, 2019, shall, upon completion of three years on parole
outside of confinement and without violation, be terminated from the individual's
sentence unless the parole is earlier terminated by the Board of Pardons and Parole or
is terminated
pursuant to
in accordance with
Section
64-14-204
.
(b)
An individual committed to the state prison to serve an indeterminate term and later
released on parole on or after July 1, 2008, but before January 1, 2019, and who was
convicted of a felony offense under Chapter 5, Offenses Against the Individual, or an
attempt, conspiracy, or solicitation to commit the offense, shall complete a term of
parole that extends through the expiration of the individual's maximum sentence,
unless the parole is earlier terminated by the Board of Pardons and Parole.
(3)
An individual convicted of a second degree felony for violating Section
76-5-404
,
forcible sexual abuse; Section
76-5-404.1
, sexual abuse of a child; or Section
76-5-404.3
,
aggravated sexual abuse of a child; or attempting, conspiring, or soliciting the
commission of a violation of any of those sections, and who is paroled before July 1,
2008, shall, upon completion of 10 years parole outside of confinement and without
violation, be terminated from the sentence unless the individual is earlier terminated by
the Board of Pardons and Parole.
(4)
An individual who violates the terms of parole, while serving parole, for any offense
under Subsection
(1)
, (2), or (3), shall at the discretion of the Board of Pardons and
Parole be recommitted to prison to serve the portion of the balance of the term as
determined by the Board of Pardons and Parole, but not to exceed the maximum term.
(5)
An individual paroled following a former parole revocation may not be discharged from
the individual's sentence until:
(a)
the individual has served the applicable period of parole under this section outside of
confinement;
(b)
the individual's maximum sentence has expired; or
(c)
the Board of Pardons and Parole orders the individual to be discharged from the
sentence.
(6)
(a)
All time served on parole, outside of confinement and without violation,
constitutes service toward the total sentence.
(b)
Any time an individual spends outside of confinement after commission of a parole
violation does not constitute service toward the total sentence unless the individual is
exonerated at a parole revocation hearing.
(c)
(i)
Any time an individual spends in confinement awaiting a hearing before the
Board of Pardons and Parole or a decision by the board concerning revocation of
parole constitutes service toward the total sentence.
(ii)
In the case of exoneration by the board, the time spent is included in computing
the total parole term.
(7)
When a parolee causes the parolee's absence from the state without authority from the
Board of Pardons and Parole or avoids or evades parole supervision, the period of
absence, avoidance, or evasion tolls the parole period.
(8)
(a)
While on parole, time spent in confinement outside the state may not be credited
toward the service of any Utah sentence.
(b)
Time in confinement outside the state or in the custody of any tribal authority or the
United States government for a conviction obtained in another jurisdiction tolls the
expiration of the Utah sentence.
(9)
This section does not preclude the Board of Pardons and Parole from paroling or
discharging an inmate at any time within the discretion of the Board of Pardons and
Parole unless otherwise specifically provided by law.
(10)
A parolee sentenced to lifetime parole may petition the Board of Pardons and Parole
for termination of lifetime parole.
Section 219. Section
76-5-102.1
is amended to read:
76-5-102.1
Effective
07/01/26
. Negligently operating a vehicle resulting in
injury.
(1)
(a)
As used in this section:
(i)
"Controlled substance" means the same as that term is defined in Section
58-37-2
.
(ii)
"Drug" means the same as that term is defined in Section
76-5-207
.
(iii)
"Negligent" or "negligence" means the same as that term is defined in Section
76-5-207
.
(iv)
"Vehicle" means the same as that term is defined in Section
41-6a-501
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits negligently operating a vehicle resulting in injury if the actor:
(a)
(i)
operates a vehicle in a negligent manner causing bodily injury to another; and
(ii)
(A)
has sufficient alcohol in the actor's body such that a subsequent chemical
test shows that the actor has a blood or breath alcohol concentration of .05
grams or greater at the time of the test;
(B)
is under the influence of alcohol, a drug, or the combined influence of alcohol
and a drug to a degree that renders the actor incapable of safely operating a
vehicle; or
(C)
has a blood or breath alcohol concentration of .05 grams or greater at the time
of operation; or
(b)
(i)
operates a vehicle in a criminally negligent manner causing bodily injury to
another; and
(ii)
has in the actor's body any measurable amount of a controlled substance.
(3)
Except as provided in Subsection
(4)
, a violation of Subsection
(2)
is:
(a)
(i)
a class A misdemeanor; or
(ii)
a third degree felony if the actor has two or more driving under the influence
related convictions under Subsection
41-6a-501(2)(a)
, each of which is within 10
years of:
(A)
the current conviction; or
(B)
the commission of the offense upon which the current conviction is based;
(iii)
a third degree felony, if the current conviction is at any time after the conviction
of:
(A)
a conviction, as the term conviction is defined in Subsection
41-6a-501(2)
,
that is a felony; or
(B)
any conviction described in Subsection
(3)(a)(iii)(A)
for which judgment of
conviction is reduced under Section
76-3-402
; or
(iv)
a third degree felony if the bodily injury is serious bodily injury; and
(b)
a separate offense for each victim suffering bodily injury as a result of the actor's
violation of this section, regardless of whether the injuries arise from the same
episode of driving.
(4)
An actor is not guilty of negligently operating a vehicle resulting in injury under
Subsection
(2)(b)
if:
(a)
the controlled substance was obtained under a valid prescription or order, directly
from a practitioner while acting in the course of the practitioner's professional
practice, or as otherwise authorized by Title 58, Occupations and Professions;
(b)
the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
(c)
the actor possessed, in the actor's body, a controlled substance listed in Section
58-37-4.2
if:
(i)
the actor is the subject of medical research conducted by a holder of a valid license
to possess controlled substances under Section
58-37-6
; and
(ii)
the substance was administered to the actor by the medical researcher.
(5)
(a)
A judge imposing a sentence under this section may consider:
(i)
the adult sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
75E-4-101
;
(ii)
the defendant's history;
(iii)
the facts of the case;
(iv)
aggravating and mitigating factors; or
(v)
any other relevant fact.
(b)
The judge may not impose a lesser sentence than would be required for a conviction
based on the defendant's history under Section
41-6a-505
.
(c)
The standards for chemical breath analysis under Section
41-6a-515
and the
provisions for the admissibility of chemical test results under Section
41-6a-516
apply to determination and proof of blood alcohol content under this section.
(d)
A calculation of blood or breath alcohol concentration under this section shall be
made in accordance with Subsection
41-6a-502(3)
.
(e)
Except as provided in Subsection
(4)
, the fact that an actor charged with violating
this section is or has been legally entitled to use alcohol or a drug is not a defense.
(f)
Evidence of a defendant's blood or breath alcohol content or drug content is
admissible except if prohibited by the Utah Rules of Evidence, the United States
Constitution, or the Utah Constitution.
(g)
In accordance with Subsection
77-2a-3(8)
, a guilty or no contest plea to an offense
described in this section may not be held in abeyance.
(6)
(a)
A judge imposing a sentence under this section shall designate the defendant as an
interdicted person, as that term is defined in Section
32B-1-102
, for a period of time
not to exceed the probationary period, unless the court finds good cause to order a
shorter or longer time.
(b)
If a court designates a person as an interdicted person as
provided
described
in
Subsection
(6)(a)
, the court shall:
(i)
require the person to surrender the person's identification card or driver license;
(ii)
notify the Driver License Division that the person is an interdicted person; and
(iii)
provide the person's identification card or driver license to the Driver License
Division.
Section 220. Section
76-5-207
is amended to read:
76-5-207
Effective
07/01/26
. Automobile homicide -- Penalties -- Evidence.
(1)
(a)
As used in this section:
(i)
"Controlled substance" means the same as that term is defined in Section
58-37-2
.
(ii)
"Criminally negligent" means the same as that term is described in Subsection
76-2-103(4)
.
(iii)
"Drug" means:
(A)
a controlled substance;
(B)
a drug as defined in Section
58-37-2
; or
(C)
a substance that, when knowingly, intentionally, or recklessly taken into the
human body, can impair the ability of an individual to safely operate a vehicle.
(iv)
"Negligent" or "negligence" means simple negligence, the failure to exercise that
degree of care that reasonable and prudent persons exercise under like or similar
circumstances.
(v)
"Vehicle" means the same as that term is defined in Section
41-6a-501
.
(b)
Terms defined in Section
76-1-101.5
apply to this section.
(2)
An actor commits automobile homicide if the actor:
(a)
(i)
operates a vehicle in a negligent or criminally negligent manner causing the
death of another individual; and
(ii)
(A)
has sufficient alcohol in the actor's body such that a subsequent chemical
test shows that the actor has a blood or breath alcohol concentration of .05
grams or greater at the time of the test;
(B)
is under the influence of alcohol, any drug, or the combined influence of
alcohol and any drug to a degree that renders the actor incapable of safely
operating a vehicle; or
(C)
has a blood or breath alcohol concentration of .05 grams or greater at the time
of operation; or
(b)
(i)
operates a vehicle in a criminally negligent manner causing death to another;
and
(ii)
has in the actor's body any measurable amount of a controlled substance.
(3)
Except as provided in Subsection
(4)
, an actor who violates Subsection
(2)
is guilty of:
(a)
a second degree felony, punishable by a term of imprisonment of not less than five
years nor more than 15 years; and
(b)
a separate offense for each victim suffering death as a result of the actor's violation
of this section, regardless of whether the deaths arise from the same episode of
driving.
(4)
An actor is not guilty of a violation of automobile homicide under Subsection
(2)(b)
if:
(a)
the controlled substance was obtained under a valid prescription or order, directly
from a practitioner while acting in the course of the practitioner's professional
practice, or as otherwise authorized by Title 58, Occupations and Professions;
(b)
the controlled substance is 11-nor-9-carboxy-tetrahydrocannabinol; or
(c)
the actor possessed, in the actor's body, a controlled substance listed in Section
58-37-4.2
if:
(i)
the actor is the subject of medical research conducted by a holder of a valid license
to possess controlled substances under Section
58-37-6
; and
(ii)
the substance was administered to the actor by the medical researcher.
(5)
(a)
A judge imposing a sentence under this section may consider:
(i)
the adult sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
75E-4-101
;
(ii)
the defendant's history;
(iii)
the facts of the case;
(iv)
aggravating and mitigating factors; or
(v)
any other relevant fact.
(b)
The judge may not impose a lesser sentence than would be required for a conviction
based on the defendant's history under Section
41-6a-505
.
(c)
The standards for chemical breath analysis
as provided by
under
Section
41-6a-515
and the provisions for the admissibility of chemical test results
as provided by
under
Section
41-6a-516
apply to determination and proof of blood alcohol content under
this section.
(d)
A calculation of blood or breath alcohol concentration under this section shall be
made in accordance with Subsection
41-6a-502(3)
.
(e)
Except as provided in Subsection
(4)
, the fact that an actor charged with violating
this section is or has been legally entitled to use alcohol or a drug is not a defense.
(f)
Evidence of a defendant's blood or breath alcohol content or drug content is
admissible except when prohibited by the Utah Rules of Evidence, the United States
Constitution, or the Utah Constitution.
(g)
In accordance with Subsection
77-2a-3(8)
, a guilty or no contest plea to an offense
described in this section may not be held in abeyance.
(6)
If, when imposing a sentence under this section, the court finds that it is in the interest
of justice to suspend the imposition of prison, the court shall detail the finding on the
record, including why a suspended prison sentence is in the interest of justice.
(7)
Notwithstanding Subsection
(3)(a)
, the court may impose a sentence of not less than
three years nor more than 15 years if the court details on the record why it is in the
interest of justice.
(8)
(a)
A judge imposing a sentence under this section shall designate the defendant as an
interdicted person, as that term is defined in Section
32B-1-102
, for a period of time
not to exceed the probationary period, unless the court finds good cause to order a
shorter or longer time.
(b)
If a court designates a person as an interdicted person as
provided
described
in
Subsection
(8)(a)
, the court shall:
(i)
require the person to surrender the person's identification card or driver license;
(ii)
notify the Driver License Division that the person is an interdicted person; and
(iii)
provide the person's identification card or driver license to the Driver License
Division.
Section 221. Section
76-8-419
is amended to read:
76-8-419
Effective
07/01/26
. Damaging a highway or bridge.
(1)
Terms defined in Sections
76-1-101.5
and
76-8-101
apply to this section.
(2)
An actor commits damaging a highway or bridge if the actor intentionally, knowingly,
or recklessly digs up, removes, displaces, breaks, or otherwise damages or destroys a
public highway or private way laid out by authority of law, or a bridge upon the
highway or private way.
(3)
Except as provided in Subsection
(4)
, a violation of Subsection
(2)
is a third degree
felony.
(4)
If the violation of this section constitutes an offense subject to a greater penalty under
another provision of
Title 76, Utah Criminal Code
this title
, than is provided under this
section, this section does not prohibit the prosecution and sentencing for the offense
subject to a greater penalty.
Section 222. Section
76-13-211
is amended to read:
76-13-211
Effective
07/01/26
. Injuring, harassing, or endangering a service
animal.
(1)
(a)
As used in this section:
(i)
"Disability" means the same as that term is defined in Section
26B-6-801
.
(ii)
"Search and rescue dog" means a dog:
(A)
with documented training to locate individuals who are:
(I)
lost, missing, or injured; or
(II)
trapped under debris as the result of a natural or man-made event; and
(B)
affiliated with an established search and rescue dog organization.
(iii)
"Service animal" means:
(A)
a service animal as that term is defined in Section
26B-6-801
; or
(B)
a search and rescue dog.
(b)
Terms defined in Sections
76-1-101.5
,
76-13-101
, and
76-13-201
apply to this
section.
(2)
An actor commits injuring, harassing, or endangering a service animal if the actor:
(a)
knowingly, intentionally, or recklessly causes substantial bodily injury or death to a
service animal;
(b)
owns, keeps, harbors, or exercises control over an animal and knowingly,
intentionally, or recklessly fails to exercise sufficient control over the animal to
prevent the animal from:
(i)
causing substantial bodily injury to or the death of a service animal;
(ii)
causing a service animal's subsequent inability to function as a service animal as a
result of the animal's attacking, chasing, or harassing the service animal; or
(iii)
chasing or harassing a service animal while the service animal is carrying out the
service animal's functions as a service animal, to the extent that the animal
temporarily interferes with the service animal's ability to carry out the service
animal's functions; or
(c)
chases or harasses a service animal.
(3)
(a)
A violation of Subsection
(2)(a)
, (2)(b)(i), or (2)(b)(ii) is a class A misdemeanor.
(b)
A violation of Subsection
(2)(b)(iii)
or (2)(c) is a class B misdemeanor.
(4)
(a)
A service animal is exempt from quarantine or other animal control ordinances if
the service animal bites an individual while the service animal is subject to an offense
under Subsection
(2)
.
(b)
The owner of the service animal or the individual with a disability whom the service
animal serves shall make the service animal available for examination at a reasonable
time and shall notify the local health officer if the service animal exhibits any
abnormal behavior.
(5)
In addition to any other penalty, an actor convicted of a violation of this section is liable
for restitution to the owner of the service animal or the individual with a disability
whom the service animal serves for the replacement, training, and veterinary costs
incurred as a result of the violation of this section.
(6)
If the act committed under this section amounts to an offense subject to a greater
penalty under another provision of
Title 76, Utah Criminal Code
this title
, than is
provided under this section, this section does not prohibit prosecution and sentencing for
the more serious offense.
Section 223. Section
77-2-5
is amended to read:
77. CRIMINAL PROCEDURE
77-2-5
Effective
07/01/26
. Diversion agreement -- Negotiation -- Contents.
(1)
At any time after the commencement of prosecution and before conviction, the
prosecuting attorney may, by written agreement with the defendant, filed with the court,
and upon approval of the court, divert a defendant to a non-criminal diversion program.
(2)
A defendant shall be represented by counsel during negotiations for diversion and at the
time of execution of any diversion agreement unless the defendant has knowingly and
intelligently waived the defendant's right to counsel.
(3)
The defendant has the right to be represented by counsel at any court hearing relating to
a diversion program.
(4)
(a)
A diversion agreement, entered into between the prosecuting attorney and the
defendant and approved by a court, shall contain a full, detailed statement of the
requirements agreed to by the defendant and the reasons for diversion.
(b)
The diversion agreement described in Subsection
(4)(a)
shall include an agreement,
by the parties, for a specific amount of restitution that the defendant will pay, unless
the prosecuting attorney certifies that:
(i)
the prosecuting attorney has consulted with all victims, including the
Utah
Office for Victims of Crime; and
(ii)
the defendant does not owe any restitution.
(5)
(a)
If the court approves a diversion agreement that includes an agreement by the
parties for the amount of restitution that the defendant will pay, the court shall order
the defendant to pay restitution in accordance with the terms of the diversion
agreement.
(b)
The court shall collect, receive, process, and distribute payments for restitution to the
victim, unless otherwise provided by law or by the diversion agreement.
(6)
A decision by a prosecuting attorney not to divert a defendant is not subject to judicial
review.
(7)
A diversion agreement entered into between the prosecution and the defense and
approved by a magistrate may contain an order that the defendant pay a nonrefundable
diversion fee that:
(a)
shall be allocated in the same manner as if paid as a fine for a criminal conviction
under Section
78A-5-110
or Section
78A-7-120
; and
(b)
may not exceed the suggested fine listed in the Uniform Fine Schedule adopted by
the Judicial Council.
(8)
A diversion agreement may not be approved unless the defendant knowingly and
intelligently waives the defendant's constitutional right to a speedy trial before a
magistrate and in the diversion agreement.
(9)
(a)
The court shall, on the defendant's request, consider the defendant's ability to pay
a diversion fee before ordering the defendant to pay a diversion fee.
(b)
The court may:
(i)
consider any relevant evidence in determining the defendant's ability to pay a
diversion fee; and
(ii)
lower or waive the diversion fee based on that evidence.
(10)
A diversion program longer than two years is not permitted.
(11)
The court may not rely solely on an algorithm or a risk assessment tool score in
determining whether the court should approve the defendant's diversion to a
non-criminal diversion program.
Section 224. Section
77-2a-2
is amended to read:
77-2a-2
Effective
07/01/26
. Plea in abeyance agreement -- Negotiation --
Contents -- Terms of agreement -- Waiver of time for sentencing.
(1)
At any time after acceptance of a plea of guilty or no contest but before entry of
judgment of conviction and imposition of sentence, the court may, upon motion of both
the prosecuting attorney and the defendant, hold the plea in abeyance and not enter
judgment of conviction against the defendant nor impose sentence upon the defendant
within the time periods contained in Rule 22(a), Utah Rules of Criminal Procedure.
(2)
A defendant shall be represented by counsel during negotiations for a plea in abeyance
and at the time of acknowledgment and affirmation of any plea in abeyance agreement
unless the defendant knowingly and intelligently waives the defendant's right to counsel.
(3)
A defendant has the right to be represented by counsel at any court hearing relating to a
plea in abeyance agreement.
(4)
(a)
Any plea in abeyance agreement entered into between the prosecution and the
defendant and approved by the court shall, subject to Subsection
(7)
, include a full,
detailed recitation of the requirements and conditions agreed to by the defendant and
the reason for requesting the court to hold the plea in abeyance.
(b)
If the plea is to a felony or any combination of misdemeanors and felonies, the
agreement shall be in writing and shall, before acceptance by the court, be executed
by the prosecuting attorney, the defendant, and the defendant's counsel in the
presence of the court.
(5)
(a)
Except as provided in Subsection
(5)(b)
, a plea may not be held in abeyance for a
period longer than 18 months if the plea is to any class of misdemeanor or longer
than three years if the plea is to any degree of felony or to any combination of
misdemeanors and felonies.
(b)
(i)
For a plea in abeyance agreement that the Division of Adult Probation and
Parole created in Section
64-14-202
supervises, the plea may not be held in
abeyance for a period longer than the initial term of probation required under the
adult sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
75E-4-101
, if the initial term of probation is shorter than the period
required under Subsection
(5)(a)
.
(ii)
Subsection
(5)(b)(i)
does not:
(A)
apply to a plea that is held in abeyance in a drug court created under Title
78A, Chapter 5, Part 2, Drug Court, or a problem solving court approved by
the Judicial Council; or
(B)
prohibit court supervision of a plea in abeyance agreement after the day on
which the Division of Adult Probation and Parole supervision described in
Subsection
(5)(b)(i)
ends and before the day on which the plea in abeyance
agreement ends.
(6)
Notwithstanding Subsection
(5)
, a plea may be held in abeyance for up to two years if
the plea is to any class of misdemeanor and the plea in abeyance agreement includes a
condition that the defendant participate in a problem solving court approved by the
Judicial Council.
(7)
A plea in abeyance agreement may not:
(a)
be approved unless the defendant, before the court, and any written agreement,
knowingly and intelligently waives time for sentencing as designated in Rule 22(a),
Utah Rules of Criminal Procedure; or
(b)
notwithstanding any other provision of law, include as part of the requirements and
conditions agreed to by the defendant that the defendant will forfeit a firearm owned
by the defendant if the offense the defendant will plea to is not an offense that would
make the defendant a restricted person under Section
76-11-302
or
, Section
76-11-303
,
or federal law.
Section 225. Section
77-2a-3
is amended to read:
77-2a-3
Effective
07/01/26
. Manner of entry of plea -- Powers of court --
Expungement.
(1)
(a)
Acceptance of any plea in anticipation of a plea in abeyance agreement shall be
done in full compliance with the Utah Rules of Criminal Procedure, Rule 11.
(b)
In cases charging offenses for which bail may be forfeited, a plea in abeyance
agreement may be entered into without a personal appearance before a magistrate.
(2)
A plea in abeyance agreement may provide that the court may, upon finding that the
defendant has successfully completed the terms of the agreement:
(a)
reduce the degree of the offense, enter a judgment of conviction for the lower degree
of the offense, and impose a sentence for the lower degree of the offense;
(b)
allow withdrawal of the defendant's plea and order the dismissal of the case; or
(c)
issue an order of expungement for all records of the offense if:
(i)
the defendant successfully completes a problem solving court program that is
certified by the Judicial Council; and
(ii)
the court allows the withdrawal of the defendant's plea and orders the dismissal of
the case.
(3)
(a)
Upon finding that a defendant has successfully completed the terms of a plea in
abeyance agreement and only as provided in the plea in abeyance agreement or as
agreed to by all parties, the court may
:
(i)
reduce the degree of the offense, enter a judgment of conviction for the lower
degree of the offense, and impose a sentence for the lower degree of the offense;
(ii)
allow withdrawal of the defendant's plea and order the dismissal of the case; or
(iii)
issue an order of expungement for all records of the offense if:
(A)
the defendant successfully completes a problem solving court program that is
certified by the Judicial Council; and
(B)
the court allows the withdrawal of the defendant's plea and orders the
dismissal of the case.
(b)
Upon sentencing a defendant for any lesser offense in accordance with a plea in
abeyance agreement, the court may not invoke Section
76-3-402
to further reduce the
degree of the offense.
(4)
The court may require the Division of Adult Probation and Parole created in Section
64-14-202
to assist in the administration of the plea in abeyance agreement as if the
defendant were placed on probation under Section
77-18-105
.
(5)
The terms of a plea in abeyance agreement may include:
(a)
an order that the defendant pay a nonrefundable plea in abeyance fee, with a
surcharge based on the amount of the plea in abeyance fee, both of which shall be
allocated in the same manner as if paid as a fine for a criminal conviction under
Section
78A-5-110
and a surcharge under Title 51, Chapter 9, Part 4, Criminal
Conviction Surcharge Allocation, and which may not exceed in amount the
maximum fine and surcharge which could have been imposed upon conviction and
sentencing for the same offense;
(b)
an order that the defendant pay the costs of any remedial or rehabilitative program
required by the terms of the agreement; and
(c)
an order that the defendant comply with any other conditions that could have been
imposed as conditions of probation upon conviction and sentencing for the same
offense.
(6)
(a)
The terms of a plea in abeyance shall include:
(i)
a specific amount of restitution that the defendant will pay, as agreed to by the
defendant and the prosecuting attorney;
(ii)
a certification from the prosecuting attorney that:
(A)
the prosecuting attorney has consulted with all victims, including the
Utah
Office for Victims of Crime; and
(B)
all victims, including the
Utah
Office for Victims of Crime, are not seeking
restitution; or
(iii)
an agreement between the parties that restitution will be determined by the court
at a subsequent hearing in accordance with Section
77-38b-205
.
(b)
At a subsequent hearing described in Subsection
(6)(a)(iii)
, the court shall order the
defendant, as a modified term of the plea in abeyance, to pay restitution to all victims
for the entire amount of pecuniary damages that are proximately caused by the
criminal conduct of the defendant.
(c)
The court shall collect, receive, process, and distribute payments for restitution to the
victim, unless otherwise provided by law or by the plea in abeyance agreement.
(d)
If the defendant does not successfully complete the terms of the plea in abeyance, the
court shall enter an order for restitution, in accordance with Chapter 38b, Crime
Victims Restitution Act, upon entering a sentence for the defendant.
(7)
(a)
A court may not hold a plea in abeyance without the consent of both the
prosecuting attorney and the defendant.
(b)
A decision by a prosecuting attorney not to agree to a plea in abeyance is final.
(8)
No plea may be held in abeyance in any case involving:
(a)
a sexual offense against an individual who is under 14 years old; or
(b)
a driving under the influence violation under Section
41-6a-502
,
41-6a-502.5
,
41-6a-517
,
41-6a-520
,
41-6a-520.1
,
41-6a-521.1
,
76-5-102.1
, or
76-5-207
.
(9)
(a)
If the terms of a plea in abeyance agreement allow a court to issue an order of
expungement as described in Subsection
(2)(c)
, the prosecuting attorney shall make a
reasonable effort to provide notice to any victim of the offense of the terms of the
plea in abeyance agreement.
(b)
The notice under Subsection
(9)(a)
shall:
(i)
state that the victim has a right to object to the expungement; and
(ii)
provide instructions for registering an objection with the court.
(c)
If there is a victim of the offense, the victim may file an objection with the court
before the court makes a finding as to whether the defendant successfully completed
the terms of the plea in abeyance agreement as described in Subsection
(3)
.
(d)
The defendant may respond, in writing, to any objection filed by the victim within 14
days after the day on which the objection is received by the court.
(10)
If the court issues an order of expungement under Subsection
(3)(a)(iii)
, the court shall:
(a)
expunge all records of the case as described in Section
77-40a-401
; and
(b)
notify the Bureau of Criminal Identification of the order of expungement.
(11)
(a)
Upon receiving notice from the court of an expungement order as described in
Subsection
(10)
, the Bureau of Criminal Identification shall notify any agency, as
defined in Section
77-40a-101
, affected by the expungement order.
(b)
For purposes of Subsection
(11)(a)
, the Bureau of Criminal Identification may not
notify the Board of Pardons and Parole of an expungement order if the individual has
never been:
(i)
sentenced to prison in this state; or
(ii)
under the jurisdiction of the Board of Pardons and Parole.
(c)
The Bureau of Criminal Identification shall forward a copy of the expungement order
to the Federal Bureau of Investigation.
(12)
The defendant may deliver copies of the expungement to any agency, as defined in
Section
77-40a-101
, affected by the order of expungement.
(13)
If an agency receives an expungement order under this part, the agency shall expunge
all records for the case in accordance with Section
77-40a-401
.
Section 226. Section
77-7-8.5
is amended to read:
77-7-8.5
Effective
07/01/26
. Use of tactical groups -- Reporting requirements.
(1)
As used in this section:
(a)
(i)
"Reportable incident" means:
(A)
the deployment of a tactical group; or
(B)
law enforcement officers who serve a search warrant after using forcible entry.
(ii)
"Reportable incident" does not mean a forced cell entry at a corrections facility.
(b)
"Tactical group" means a special unit, within a law enforcement agency, specifically
trained and equipped to respond to critical, high-risk situations.
(2)
On and after January 1, 2015, every state, county, municipal, or other law enforcement
agency shall annually on or before April 30 report to the
Commission on Criminal and
Juvenile Justice
Department of Criminal Justice
the following information for the
previous calendar year:
(a)
whether the law enforcement agency conducted one or more reportable incidents;
(b)
the following information regarding each reportable incident:
(i)
the organizational title of the agency, task force, or tactical group deployed;
(ii)
the city, county, and zip code of the location where the reportable incident
occurred;
(iii)
the reason for the deployment;
(iv)
the type of warrant obtained, if any;
(v)
if a threat assessment was completed;
(vi)
if a warrant was obtained, the name of the judge or magistrate who authorized
the warrant;
(vii)
the number of arrests made, if any;
(viii)
if any evidence was seized;
(ix)
if any property was seized, other than property that was seized as evidence;
(x)
if a forcible entry was made;
(xi)
if a firearm was discharged by a law enforcement officer, and, if so,
approximately how many shots were fired by each officer;
(xii)
if a weapon was brandished by a person other than the law enforcement officers;
(xiii)
if a weapon was used by a person against the law enforcement officers and, if a
firearm was used, the number or approximate number of shots fired by the person;
(xiv)
the identity of any law enforcement agencies that participated or provided
resources for the deployment;
(xv)
if a person or domestic animal was injured or killed by a law enforcement
officer; and
(xvi)
if a law enforcement officer was injured or killed; and
(c)
the number of arrest warrants served that required a forced entry as provided by
Section
77-7-8
and were not served in conjunction with a search warrant that resulted
in a reportable incident.
(3)
If a warrant is served by a multijurisdictional team of law enforcement officers, the
reporting requirement in this section shall be the responsibility of the commanding
agency or governing authority of the multijurisdictional team.
(4)
The
Commission on Criminal and Juvenile Justice
Department of Criminal Justice
shall develop a standardized format that each law enforcement agency shall use in
reporting the data required in Subsection
(2)
.
(5)
A law enforcement agency shall:
(a)
compile the data described in Subsection
(2)
for each year as a report in the format
required under Subsection
(4)
; and
(b)
submit the report to:
(i)
the
Commission on Criminal and Juvenile Justice
Department of Criminal Justice
;
and
(ii)
the local governing body of the jurisdiction served by the law enforcement
agency.
(6)
(a)
The
Commission on Criminal and Juvenile Justice
Department of Criminal
Justice
shall summarize the yearly reports of law enforcement agencies submitted
under Subsection
(2)
.
(b)
Before August 1 of each year, the
Commission on Criminal and Juvenile Justice
Department of Criminal Justice
shall submit a report of the summaries described in
Subsection
(6)(a)
to:
(i)
the attorney general;
(ii)
the speaker of the House of Representatives, for referral to any house standing or
interim committees with oversight of law enforcement and criminal justice;
(iii)
the president of the Senate, for referral to any senate standing or interim
committees with oversight of law enforcement and criminal justice; and
(iv)
each law enforcement agency.
(c)
The report described in Subsection
(6)(b)
shall be published on the Utah Open
Government website, open.utah.gov, before August 15 of each year.
(7)
(a)
If a law enforcement agency fails to comply with the reporting requirements listed
in Subsection
(2)
, the
Commission on Criminal and Juvenile Justice
Department of
Criminal Justice
shall contact the law enforcement agency and request that the
agency comply with the required reporting provisions.
(b)
If a law enforcement agency fails to comply with the reporting requirements listed in
Subsection
(2)
within 30 days after being contacted by the
Commission on Criminal
and Juvenile Justice
Department of Criminal Justice
with a request to comply, the
Commission on Criminal and Juvenile Justice
Department of Criminal Justice
shall
report the noncompliance to the attorney general, the speaker of the House of
Representatives, and the president of the Senate.
Section 227. Section
77-7-17.5
is amended to read:
77-7-17.5
Effective
07/01/26
. Physical body cavity search policy --
Requirements.
(1)
As used in this section:
(a)
"Arrestee" means an individual who is in the custody of law enforcement for an
offense for which the individual has not been convicted.
(b)
(i)
"Body cavity" includes the anus, rectum, vagina, esophagus, or stomach.
(ii)
"Body cavity" does not include the mouth, ear canal, or nasal passages.
(c)
(i)
"Physical body cavity search" means a search of a body cavity of an individual
that involves touching the individual with:
(A)
any part of another individual's body; or
(B)
an instrument or other item.
(ii)
"Physical body cavity search" does not include a clothed, pat down search.
(2)
Each county jail shall adopt and implement a policy that meets the minimum standards
contained in a model policy established by the
Commission on Criminal and Juvenile
Justice
Department of Criminal Justice
.
(3)
The model policy shall specify the minimum standards and procedures to be followed
by the county jail when a body cavity search is performed on an arrestee within the
county jail's jurisdiction, including:
(a)
stating with specificity the circumstances under which a body cavity search may be
performed on an arrestee;
(b)
designating who may authorize the performance of a body cavity search;
(c)
designating specific jail staff or medical personnel who may perform a body cavity
search;
(d)
requiring any nonmedically trained jail staff who may perform a body cavity search
to be trained on safe practices for conducting a body cavity search;
(e)
requiring documentation of each body cavity search performed at the correctional
facility, including:
(i)
the identity of the arrestee searched;
(ii)
the date, time, and location of the search;
(iii)
the identity of the individual performing the search;
(iv)
the identity of the individual authorizing the search;
(v)
a description of the body areas searched and the procedures followed in
performing the search; and
(vi)
the circumstances necessitating the body cavity search; and
(f)
designating rules and procedures to be followed, by authorized staff, when
performing a body cavity search that account for the health and privacy interests of
the arrestee, including:
(i)
the location where a body cavity search must be performed;
(ii)
the gender requirements of the individuals who perform or observe the search in
relation to the gender of the arrestee being searched; and
(iii)
methods to ensure the body cavity search is conducted with the minimal amount
of touching necessary to effectuate the purposes of the search.
(4)
A county jail's body cavity search policy is a public record.
Section 228. Section
77-11b-101
is amended to read:
77-11b-101
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
(a)
"Acquitted" means a finding by a jury or a judge at trial that a claimant is not
guilty.
(b)
"Acquitted" does not include:
(i)
a verdict of guilty on a lesser or reduced charge;
(ii)
a plea of guilty to a lesser or reduced charge; or
(iii)
dismissal of a charge as a result of a negotiated plea agreement.
(2)
"Agency" means the same as that term is defined in Section
77-11a-101
.
(3)
"Claimant" means the same as that term is defined in Section
77-11a-101
.
(4)
"Commission" means the State Commission on Criminal and Juvenile Justice created
in Section
63M-7-201
.
(5)
(4)
"Complaint" means a civil or criminal complaint seeking the forfeiture of any
property under this chapter.
(5)
"Department" means the Department of Criminal Justice created in Section
75E-2-102
.
(6)
"Forfeit" means to divest a claimant of an ownership interest in property seized under
Section
77-11a-201
.
(7)
"Innocent owner" means the same as that term is defined in Section
77-11a-101
.
(8)
"Interest holder" means the same as that term is defined in Section
77-11a-101
.
(9)
"Known address" means:
(a)
any address provided by a claimant to the peace officer or agency at the time the
property is seized; or
(b)
the claimant's most recent address on record with a governmental entity if no address
was provided at the time of the seizure.
(10)
"Legal costs" means the costs and expenses incurred by a party in a forfeiture action.
(11)
"Legislative body" means the same as that term is defined in Section
77-11a-101
.
(12)
"Peace officer" means the same as that term is defined in Section
77-11a-101
.
(13)
"Proceeds" means the same as that term is defined in Section
77-11a-101
.
(14)
"Program" means the State Asset Forfeiture Grant Program created in Section
77-11b-403
.
(15)
"Property" means the same as that term is defined in Section
77-11a-101
.
(16)
"Prosecuting attorney" means the same as that term is defined in Section
77-11a-101
.
(17)
"Seized property" means the same as that term is defined in Section
77-11a-101
.
Section 229. Section
77-11b-105
is amended to read:
77-11b-105
Effective
07/01/26
. Training requirements.
(1)
As used in this section:
(a)
"Council" means the Utah Prosecution Council created in Section
67-5a-1
.
(b)
"Division" means the Peace
Officers
Officer
Standards and Training Division
created in Section
53-6-103
.
(2)
To participate in the program, an agency shall have at least one employee who is
certified by the division as an asset forfeiture specialist through the completion of an
online asset forfeiture course by the division.
(3)
The division shall:
(a)
develop an online asset forfeiture specialist course that is available to an agency for
certification purposes;
(b)
certify an employee of an agency who meets the course requirements to be an asset
forfeiture specialist;
(c)
recertify, every 36 months, an employee who is designated as an asset forfeiture
specialist by an agency;
(d)
submit annually a report to the
commission
department
no later than April 30 that
contains a list of the names of the employees and agencies participating in the
certification courses;
(e)
review and update the asset forfeiture specialist course each year to comply with
state and federal law; and
(f)
provide asset forfeiture training to all peace officers in basic training programs.
(4)
To be reimbursed for costs under Subsection
77-11b-401(3)(b)
, a prosecuting agency
shall have at least one employee who is certified by the council as an asset forfeiture
specialist through the completion of an online asset forfeiture course.
(5)
The council shall:
(a)
develop an online asset forfeiture specialist course that is available to a prosecuting
agency for certification purposes;
(b)
certify an employee of a prosecuting agency who meets the course requirements to
be an asset forfeiture specialist;
(c)
submit annually a report to the
commission
department
no later than April 30 that
contains a list of the names of the employees and prosecuting agencies participating
in certification courses by the council; and
(d)
review and update the asset forfeiture specialist course each year to comply with
state and federal law.
Section 230. Section
77-11b-401
is amended to read:
77-11b-401
Effective
07/01/26
. Disposition and allocation of forfeited property.
(1)
If a court finds that property is forfeited under this chapter, the court shall order the
property forfeited to the state.
(2)
(a)
If the property is not currency, the agency shall authorize a public or otherwise
commercially reasonable sale of that property if the property is not required by law to
be destroyed and is not harmful to the public.
(b)
If the property forfeited is an alcoholic product as defined in Section
32B-1-102
, the
property shall be disposed of as follows:
(i)
an alcoholic product shall be sold if the alcoholic product is:
(A)
unadulterated, pure, and free from any crude, unrectified, or impure form of
ethylic alcohol, or any other deleterious substance or liquid; and
(B)
otherwise in saleable condition; or
(ii)
an alcoholic product and the alcoholic product's package shall be destroyed if the
alcoholic product is impure, adulterated, or otherwise unfit for sale.
(c)
If the property forfeited is a cigarette or other tobacco product as defined in Section
59-14-102
, the property shall be destroyed, except that the lawful holder of the
trademark rights in the cigarette or tobacco product brand is permitted to inspect the
cigarette before the destruction of the cigarette or tobacco product.
(d)
The proceeds of the sale of forfeited property shall remain segregated from other
property, equipment, or assets of the agency until transferred in accordance with this
chapter.
(3)
Before transferring currency and the proceeds or revenue from the sale of the property
in accordance with this chapter, the agency shall:
(a)
deduct the agency's direct costs, expense of reporting under Section
77-11b-404
, and
expense of obtaining and maintaining the property pending a forfeiture proceeding;
and
(b)
if the prosecuting agency that employed the prosecuting attorney has met the
requirements of Subsection
77-11b-105(3)
, pay the prosecuting attorney the legal
costs associated with the litigation of the forfeiture proceeding, and up to 20% of the
value of the forfeited property in attorney fees.
(4)
If the forfeiture arises from a violation relating to wildlife resources, the agency shall
deposit any remaining currency and the proceeds or revenue from the sale of the
property into the Wildlife Resources Account created in Section
23A-3-201
.
(5)
The agency shall transfer any remaining currency, the proceeds, or revenue from the
sale of the property to the
commission
department
and deposited into the Criminal
Forfeiture Restricted Account created in Section
77-11b-402
.
Section 231. Section
77-11b-402
is amended to read:
77-11b-402
Effective
07/01/26
. Criminal Forfeiture Restricted Account.
(1)
There is created within the General Fund a restricted account known as the "Criminal
Forfeiture Restricted Account."
(2)
Except as provided in Section
77-11b-401
, the
commission
department
shall deposit
any proceeds from property forfeited through a forfeiture proceeding under this chapter
into the Criminal Forfeiture Restricted Account.
(3)
The Legislature shall appropriate money in the Criminal Forfeiture Restricted Account
to the
commission
department
for the purpose of implementing the State Asset
Forfeiture Grant Program described in Section
77-11b-403
.
Section 232. Section
77-11b-403
is amended to read:
77-11b-403
Effective
07/01/26
. State Asset Forfeiture Grant Program.
(1)
There is created the State Asset Forfeiture Grant Program.
(2)
The program shall fund crime prevention, crime victim
reparations
compensation
, and
law enforcement activities that have the purpose of:
(a)
deterring crime by depriving criminals of the profits and proceeds of
their
illegal
activities;
(b)
weakening criminal enterprises by removing the instrumentalities of crime;
(c)
reducing crimes involving substance abuse by supporting the creation,
administration, or operation of drug court programs throughout the state;
(d)
encouraging cooperation between agencies;
(e)
allowing the costs and expenses of law enforcement to be defrayed by the forfeited
proceeds of crime;
(f)
increasing the equitability and accountability of the use of forfeited property used to
assist agencies in reducing and preventing crime; and
(g)
providing aid to victims of criminally injurious conduct, as defined in Section
63M-7-502
75E-5-101
, who may be eligible for assistance under
Title 63M, Chapter
7, Part 5, Utah Office for Victims of Crime
Title 75E, Chapter 5, Office for Victims
of Crime
.
(3)
(a)
Upon appropriation of funds from the Criminal Forfeiture Restricted Account, the
commission
department
shall allocate and administer grants to an agency or political
subdivision of the state in compliance with this section and Subsection
77-11b-105(2)
and to further the program purposes under Subsection
(2)
.
(b)
The
commission
department
may retain up to 3% of the annual appropriation from
the Criminal Forfeiture Restricted Account to pay for administrative costs incurred
by the
commission
department
, including salary and benefits, equipment, supplies,
or travel costs that are directly related to the administration of the program.
(4)
An agency or political subdivision shall apply for an award from the program by
completing and submitting forms specified by the
commission
department
.
(5)
In granting the awards, the
commission
department
shall ensure that the amount of
each award takes into consideration the:
(a)
demonstrated needs of the agency or political subdivision;
(b)
demonstrated ability of the agency or political subdivision to appropriately use the
award;
(c)
degree to which the agency's or political subdivision's need is offset through the
agency's or political subdivision's participation in federal equitable sharing or through
other federal and state grant programs; and
(d)
agency's or political subdivision's cooperation with other state and local agencies and
task forces.
(6)
The
commission
department
may award a grant to any agency or political subdivision
engaged in activities associated with Subsection
(2)
even if the agency has not
contributed to the fund.
(7)
An applying agency or political subdivision shall demonstrate compliance with all
reporting and policy requirements applicable under this chapter and under
Title 63M,
Chapter 7, Criminal Justice and Substance Abuse
Title 75E, Criminal and Juvenile
Justice Administration
, in order to qualify as a potential award recipient.
(8)
(a)
A recipient agency may only use award money after approval by the agency's
legislative body.
(b)
The award money is nonlapsing.
(9)
A recipient agency or political subdivision shall use an award:
(a)
only for law enforcement purposes described in this section, or for victim
reparations
compensation
as described in Subsection
(2)(g)
; and
(b)
for the purposes specified by the agency or political subdivision in the agency's or
political subdivision's application for the award.
(10)
A permissible law enforcement purpose for which award money may be used includes:
(a)
controlled substance interdiction and enforcement activities;
(b)
drug court programs;
(c)
activities calculated to enhance future law enforcement investigations;
(d)
law enforcement training that includes:
(i)
implementation of the Fourth Amendment to the United States Constitution and
Utah Constitution, Article I, Section 7
, and that addresses the protection of the
individual's right of due process;
(ii)
protection of the rights of innocent property holders; and
(iii)
the Tenth Amendment to the United States Constitution regarding states'
sovereignty and the states' reserved rights;
(e)
law enforcement or detention facilities;
(f)
law enforcement operations or equipment that are not routine costs or operational
expenses;
(g)
drug, gang, or crime prevention education programs that are sponsored in whole or in
part by the law enforcement agency or its legislative body;
(h)
matching funds for other state or federal law enforcement grants; and
(i)
the payment of legal costs, attorney fees, and postjudgment interest in forfeiture
actions.
(11)
A law enforcement purpose for which award money may not be granted or used
includes:
(a)
payment of salaries, retirement benefits, or bonuses to any individual;
(b)
payment of expenses not related to law enforcement;
(c)
uses not specified in the agency's award application;
(d)
uses not approved by the agency's legislative body;
(e)
payments, transfers, or pass-through funding to an entity other than an agency; or
(f)
uses, payments, or expenses that are not within the scope of the agency's functions.
Section 233. Section
77-11b-404
is amended to read:
77-11b-404
Effective
07/01/26
. Forfeiture reporting requirements.
(1)
An agency shall provide all reasonably available data described in Subsection
(5)
:
(a)
if transferring the forfeited property resulting from the final disposition of any civil
or criminal forfeiture matter to the
commission
department
as required under
Subsection
77-11b-401(5)
; or
(b)
if the agency has been awarded an equitable share of property forfeited by the federal
government.
(2)
The
commission
department
shall develop a standardized report format that each
agency shall use in reporting the data required under this section.
(3)
The
commission
department
shall annually, on or before April 30, prepare a summary
report of the case data submitted by each agency under Subsection
(1)
during the prior
calendar year.
(4)
(a)
If an agency does not comply with the reporting requirements under this section,
the
commission
department
shall contact the agency and request that the agency
comply with the required reporting provisions.
(b)
If an agency fails to comply with the reporting requirements under this section within
30 days after receiving the request to comply, the
commission
department
shall
report the noncompliance to the attorney general, the speaker of the House of
Representatives, and the president of the Senate.
(5)
The data for any civil or criminal forfeiture matter for which final disposition has been
made under Subsection
(1)
shall include:
(a)
the agency that conducted the seizure;
(b)
the case number or other identification;
(c)
the date or dates on which the seizure was conducted;
(d)
the number of individuals having a known property interest in each seizure of
property;
(e)
the type of property seized;
(f)
the alleged offense that was the cause for seizure of the property;
(g)
whether any criminal charges were filed regarding the alleged offense, and if so, the
final disposition of each charge, including the conviction, acquittal, or dismissal, or
whether action on a charge is pending;
(h)
the type of enforcement action that resulted in the seizure, including an enforcement
stop, a search warrant, or an arrest warrant;
(i)
whether the forfeiture procedure was civil or criminal;
(j)
the value of the property seized, including currency and the estimated market value of
any tangible property;
(k)
the final disposition of the matter, including whether final disposition was entered by
stipulation of the parties, including the amount of property returned to any claimant,
by default, by summary judgment, by jury award, or by guilty plea or verdict in a
criminal forfeiture;
(l)
if the property was forfeited by the federal government, the amount of forfeited
money awarded to the agency;
(m)
the agency's direct costs, expense of reporting under this section, and expenses for
obtaining and maintaining the seized property, as described in Subsection
77-11b-401(3)(a)
;
(n)
the legal costs and attorney fees paid to the prosecuting attorney, as described in
Subsection
77-11b-401(3)(b)
; and
(o)
if the property was transferred to a federal agency or any governmental entity not
created under and subject to state law:
(i)
the date of the transfer;
(ii)
the name of the federal agency or entity to which the property was transferred;
(iii)
a reference to which reason under Subsection
77-11a-205(3)
justified the transfer;
(iv)
the court or agency where the forfeiture case was heard;
(v)
the date of the order of transfer of the property; and
(vi)
the value of the property transferred to the federal agency, including currency
and the estimated market value of any tangible property.
(6)
An agency shall annually on or before April 30 submit a report for the prior calendar
year to the
commission
department
that states:
(a)
whether the agency received an award from the State Asset Forfeiture Grant Program
under Section
77-11b-403
and, if so, the following information for each award:
(i)
the amount of the award;
(ii)
the date of the award;
(iii)
how the award was used or is planned to be used; and
(iv)
a statement signed by both the agency's executive officer or designee and by the
agency's legal counsel, that:
(A)
the agency has complied with all inventory, policy, and reporting
requirements under Section
77-11b-403
;
and
(B)
all awards were used for crime reduction or law enforcement purposes as
specified in the application
;
and
that
(C)
the awards were used only upon approval by the agency's legislative body; and
(b)
whether the agency received any property, money, or other things of value in
accordance with federal law as described in Subsection
77-11a-205(7)
and, if so, the
following information for each piece of property, money, or other thing of value:
(i)
the case number or other case identification;
(ii)
the value of the award and the property, money, or other things of value received
by the agency;
(iii)
the date of the award;
(iv)
the identity of any federal agency involved in the forfeiture;
(v)
how the awarded property has been used or is planned to be used; and
(vi)
a statement signed by both the agency's executive officer or designee and by the
agency's legal counsel, that the agency has only used the award for crime
reduction or law enforcement purposes authorized under Section
77-11b-403
, and
that the award was used only upon approval by the agency's legislative body.
(7)
(a)
On or before July 1 of each year, the
commission
department
shall submit notice
of the annual reports in Subsection
(3)
and Subsection
(6)
, in electronic format, to:
(i)
the attorney general;
(ii)
the speaker of the House of Representatives, for referral to any House standing or
interim committees with oversight over law enforcement and criminal justice;
(iii)
the president of the Senate, for referral to any Senate standing or interim
committees with oversight over law enforcement and criminal justice; and
(iv)
each law enforcement agency.
(b)
The reports described in Subsection
(3)
and Subsection
(6)
, as well as the individual
case data described in Subsection
(1)
for the previous calendar year, shall be
published on the Utah Open Government website at open.utah.gov on or before July
15 of each year.
Section 234. Section
77-17-6
is amended to read:
77-17-6
Effective
07/01/26
. Lottery tickets -- Evidence.
(1)
On a trial for violation of any of the lottery provisions of
the Utah Criminal Code
Title
76, Criminal Offenses
, it is not necessary to prove:
(a)
The
the
existence of any lottery in which any lottery tickets shall purport to have
been issued;
(b)
The
the
actual signing of any ticket or share, or pretended share of any pretended
lottery; or
(c)
That
that
any lottery ticket, share
,
or interest was signed or issued by the authority
of any manager, or of any person assuming to have authority as manager.
(2)
In all cases, proof of the sale, furnishing, bartering
,
or procuring of any lottery ticket,
share
,
or interest therein, or of any instrument purporting to be a ticket, or part or share
of any ticket shall be evidence that the share or interest was signed and issued according
to its purport.
Section 235. Section
77-18-105
is amended to read:
77-18-105
Effective
07/01/26
. Pleas held in abeyance -- Suspension of a
sentence -- Probation -- Supervision -- Terms and conditions of probation -- Time periods
for probation -- Bench supervision for payments on criminal accounts receivable.
(1)
If a defendant enters a plea of guilty or no contest in conjunction with a plea in
abeyance agreement, the court may hold the plea in abeyance:
(a)
in accordance with Chapter 2a, Pleas in Abeyance; and
(b)
under the terms of the plea in abeyance agreement.
(2)
If a defendant is convicted, the court:
(a)
shall impose a sentence in accordance with Section
76-3-201
; and
(b)
subject to Subsection
(5)
, may suspend the execution of the sentence and place the
defendant:
(i)
on probation under the supervision of the division;
(ii)
on probation under the supervision of an agency of a local government or a
private organization; or
(iii)
on court probation under the jurisdiction of the sentencing court.
(3)
(a)
The legal custody of all probationers under the supervision of the division is with
the department.
(b)
The legal custody of all probationers under the jurisdiction of the sentencing court is
vested as ordered by the court.
(c)
The court has continuing jurisdiction over all probationers.
(4)
(a)
Court probation may include an administrative level of services, including
notification to the sentencing court of scheduled periodic reviews of the probationer's
compliance with conditions.
(b)
Supervised probation services provided by the division, an agency of a local
government, or a private organization shall specifically address the defendant's risk
of reoffending as identified by a screening or an assessment.
(c)
If a court orders supervised probation and determines that a public probation
provider is unavailable or inappropriate to supervise the defendant, the court shall
make available to the defendant the list of private probation providers prepared by a
criminal justice coordinating council under Section
17E-2-201
.
(5)
(a)
Before ordering supervised probation, the court shall consider the supervision
costs to the defendant for each entity that can supervise the defendant.
(b)
(i)
A court may order an agency of a local government to supervise the probation
for an individual convicted of any crime if:
(A)
the agency has the capacity to supervise the individual; and
(B)
the individual's supervision needs will be met by the agency.
(ii)
A court may only order:
(A)
the division to supervise the probation for an individual convicted of a class A
misdemeanor or any felony; or
(B)
a private organization to supervise the probation for an individual convicted of
a class A, B, or C misdemeanor or an infraction.
(c)
A court may not order a specific private organization to supervise an individual
unless there is only one private organization that can provide the specific supervision
services required to meet the individual's supervision needs.
(6)
(a)
If a defendant is placed on probation, the court may order the defendant as a
condition of the defendant's probation:
(i)
to provide for the support of persons for whose support the defendant is legally
liable;
(ii)
to participate in available treatment programs, including any treatment program in
which the defendant is currently participating if the program is acceptable to the
court;
(iii)
be voluntarily admitted to the custody of the Division of Substance Use and
Mental Health for treatment at the Utah State Hospital in accordance with Section
77-18-106
;
(iv)
if the defendant is on probation for a felony offense, to serve a period of time as
an initial condition of probation that does not exceed one year in a county jail
designated by the department, after considering any recommendation by the court
as to which jail the court finds most appropriate;
(v)
to serve a term of home confinement in accordance with Section
77-18-107
;
(vi)
to participate in compensatory service programs, including the compensatory
service program described in Section
76-3-410
;
(vii)
to pay for the costs of investigation, probation, or treatment services;
(viii)
to pay restitution to a victim with interest in accordance with Chapter 38b,
Crime Victims Restitution Act; or
(ix)
to comply with other terms and conditions the court considers appropriate to
ensure public safety or increase a defendant's likelihood of success on probation.
(b)
If a defendant is placed on probation and a condition of the defendant's probation is
routine or random drug testing, the defendant shall sign a waiver consistent with the
Health Insurance Portability and Accountability Act, 42 U.S.C. Sec. 1320d et seq.,
allowing the treatment provider conducting the drug testing to notify the defendant's
supervising probation officer regarding the results of the defendant's drug testing.
(c)
(i)
Notwithstanding Subsection
(6)(a)(iv)
, the court may modify the probation of a
defendant to include a period of time that is served in a county jail immediately
before the termination of probation as long as that period of time does not exceed
one year.
(ii)
If a defendant is ordered to serve time in a county jail as a sanction for a
probation violation, the one-year limitation described in Subsection
(6)(a)(iv)
or
(6)(c)(i)
does not apply to the period of time that the court orders the defendant to
serve in a county jail under this Subsection
(6)(c)(ii)
.
(7)
(a)
Except as provided in Subsection
(7)(b)
, probation of an individual placed on
probation after December 31, 2018:
(i)
may not exceed the individual's maximum sentence;
(ii)
shall be for a period of time that is in accordance with the adult sentencing and
supervision length guidelines, as defined in Section
63M-7-401.1
75E-4-101
, to
the extent the guidelines are consistent with the requirements of the law; and
(iii)
shall be terminated in accordance with the adult sentencing and supervision
length guidelines, as defined in Section
63M-7-401.1
75E-4-101
, to the extent
the guidelines are consistent with the requirements of the law.
(b)
Probation of an individual placed on probation after December 31, 2018, whose
maximum sentence is one year or less, may not exceed 36 months.
(c)
Probation of an individual placed on probation on or after October 1, 2015, but
before January 1, 2019, may be terminated at any time at the discretion of the court
or upon completion without violation of 36 months probation in felony or class A
misdemeanor cases, 12 months in cases of class B or C misdemeanors or infractions,
or as allowed in accordance with Section
64-13-21
64-14-204
regarding earned
credits.
(d)
This Subsection
(7)
does not apply to the probation of an individual convicted of an
offense for criminal nonsupport under Section
76-7-201
.
(8)
(a)
Notwithstanding Subsection
(7)
, if there is an unpaid balance of the criminal
accounts receivable for the defendant upon termination of the probation period for
the defendant under Subsection
(7)
, the court may require the defendant to continue
to make payments towards the criminal accounts receivable in accordance with the
payment schedule established by the court under Section
77-32b-103
.
(b)
A court may not require the defendant to make payments as described in Subsection
(8)(a)
beyond the expiration of the defendant's sentence.
(c)
If the court requires a defendant to continue to pay in accordance with the payment
schedule for the criminal accounts receivable under this Subsection
(8)
and the
defendant defaults on the criminal accounts receivable, the court shall proceed with
an order for a civil judgment of restitution and a civil accounts receivable for the
defendant as described in Section
77-18-114
.
(d)
(i)
Upon a motion from the prosecuting attorney, the victim, or upon the court's
own motion, the court may require a defendant to show cause as to why the
defendant's failure to pay in accordance with the payment schedule should not be
treated as contempt of court.
(ii)
A court may hold a defendant in contempt for failure to make payments for a
criminal accounts receivable in accordance with Title
78B, Chapter 6, Part 3
,
Contempt.
(e)
This Subsection
(8)
does not apply to the probation of an individual convicted of an
offense for criminal nonsupport under Section
76-7-201
.
(9)
When making any decision regarding probation:
(a)
the court shall consider information provided by the Department of Corrections
regarding a defendant's individual case action plan, including any progress the
defendant has made in satisfying the case action plan's completion requirements; and
(b)
the court may not rely solely on an algorithm or a risk assessment tool score.
Section 236. Section
77-18-108
is amended to read:
77-18-108
Effective
07/01/26
. Termination, revocation, modification, or
extension of probation -- Violation of probation -- Hearing on violation.
(1)
(a)
The division shall send a written notice to the court:
(i)
when the division is recommending termination of supervision for a defendant; or
(ii)
before a defendant's supervision will be terminated by law.
(b)
The written notice under this Subsection
(1)
shall include:
(i)
a probation progress report; and
(ii)
if the department is responsible for the collection of the defendant's criminal
accounts receivable, a summary of the criminal accounts receivable, including the
amount of restitution ordered and the amount of restitution that has been paid.
(c)
(i)
Upon receipt of the written notice under Subsection
(1)(a)
, the court shall:
(A)
file the written notice on the docket; and
(B)
provide notice to all parties in the criminal case.
(ii)
A party shall have a reasonable opportunity to respond to the written notice under
Subsection
(1)(a)
.
(d)
If a defendant's probation is being terminated, and the defendant's criminal accounts
receivable has an unpaid balance or there is any outstanding debt with the
department, the department shall send a written notice to the Office of State Debt
Collection with a summary of the defendant's criminal accounts receivable, including
the amount of restitution ordered and the amount of restitution that has been paid.
(2)
(a)
The court may modify the defendant's probation in accordance with the adult
sentencing and supervision length guidelines, as defined in Section
63M-7-401.1
75E-4-101
.
(b)
The court may not:
(i)
extend the length of a defendant's probation, except upon:
(A)
waiver of a hearing by the defendant; or
(B)
a hearing and a finding by the court that the defendant has violated the terms
of probation;
(ii)
revoke a defendant's probation, except upon a hearing and a finding by the court
that the terms of probation have been violated; or
(iii)
terminate a defendant's probation before expiration of the probation period until
the court:
(A)
reviews the docket to determine whether the defendant owes a balance on the
defendant's criminal accounts receivable; and
(B)
enters a finding of whether the defendant owes restitution under Section
77-38b-205
.
(c)
The court may find under Subsection
(2)(b)(iii)(B)
that the defendant does not owe
restitution if no request for restitution has been filed with the court.
(3)
(a)
Upon the filing of an affidavit, or an unsworn written declaration executed in
substantial compliance with Title 78B, Chapter 18a, Uniform Unsworn Declarations
Act, alleging with particularity facts asserted to constitute violation of the terms of a
defendant's probation, the court shall determine if the affidavit or unsworn written
declaration establishes probable cause to believe that revocation, modification, or
extension of the defendant's probation is justified.
(b)
(i)
If the court determines there is probable cause, the court shall order that the
defendant be served with:
(A)
a warrant for the defendant's arrest or a copy of the affidavit or unsworn
written declaration; and
(B)
an order to show cause as to why the defendant's probation should not be
revoked, modified, or extended.
(ii)
The order under Subsection
(3)(b)(i)(B)
shall:
(A)
be served upon the defendant at least five days before the day on which the
hearing is held;
(B)
specify the time and place of the hearing; and
(C)
inform the defendant of the right to be represented by counsel at the hearing,
the right to have counsel appointed if the defendant is indigent, and the right to
present evidence at the hearing.
(iii)
The defendant shall show good cause for a continuance of the hearing.
(c)
At the hearing, the defendant shall admit or deny the allegations of the affidavit or
unsworn written declaration.
(d)
(i)
If the defendant denies the allegations of the affidavit or unsworn written
declaration, the prosecuting attorney shall present evidence on the allegations.
(ii)
If the affidavit, or unsworn written declaration, alleges that a defendant is
delinquent, or in default, on a criminal accounts receivable, the prosecuting
attorney shall present evidence to establish, by a preponderance of the evidence,
that the defendant:
(A)
was aware of the defendant's obligation to pay the balance of the criminal
accounts receivable;
(B)
failed to pay on the balance of the criminal accounts receivable as ordered by
the court; and
(C)
had the ability to make a payment on the balance of the criminal accounts
receivable if the defendant opposes an order to show cause, in writing, and
presents evidence that the defendant was unable to make a payment on the
balance of the criminal accounts receivable.
(e)
The
persons
individuals
who have given adverse information on which the
allegations are based shall be presented as witnesses subject to questioning by the
defendant, unless the court for good cause otherwise orders.
(f)
At the hearing, the defendant may:
(i)
call witnesses;
(ii)
appear and speak
in
on
the defendant's own behalf; and
(iii)
present evidence.
(g)
(i)
After the hearing, the court shall make findings of fact.
(ii)
Upon a finding that the defendant violated the terms of the defendant's probation,
the court may order the defendant's probation terminated, revoked, modified,
continued, or reinstated for all or a portion of the original term of probation.
(4)
(a)
(i)
Except as provided in Subsection
77-18-105(7)
, the court may not require a
defendant to remain on probation for a period of time that exceeds the length of
the defendant's maximum sentence.
(ii)
Except as provided in Subsection
77-18-105(7)
, if a defendant's probation is
revoked and later reinstated, the total time of all periods of probation that the
defendant serves, in relation to the same sentence, may not exceed the defendant's
maximum sentence.
(b)
If the court orders a sanction for a defendant who violated terms of probation, the
court may:
(i)
order a period of incarceration that is consistent with the adult sentencing and
supervision length guidelines, as defined in Section
63M-7-401.1
75E-4-101
;
(ii)
order a period of incarceration that deviates from the guidelines with an
explanation for the deviation on the record;
(iii)
order treatment services that are immediately available in the community for a
defendant that needs substance abuse or mental health treatment, as determined by
a screening and assessment;
(iv)
execute the sentence previously imposed; or
(v)
order any other appropriate sanction.
(c)
If the defendant had, before the imposition of a term of incarceration or the execution
of the previously imposed sentence under this section, served time in jail as a term of
probation or due to a violation of probation, the time that the defendant served in jail
constitutes service of time toward the sentence previously imposed.
(5)
(a)
Any time served by a defendant:
(i)
outside of confinement after having been charged with a probation violation, and
before a hearing to revoke probation, does not constitute service of time toward
the total probation term, unless the defendant is exonerated at a hearing to revoke
the defendant's probation;
(ii)
in confinement awaiting a hearing or a decision concerning revocation of the
defendant's probation does not constitute service of time toward the total
probation term, unless the defendant is exonerated at the hearing to revoke
probation; or
(iii)
in confinement awaiting a hearing or a decision concerning revocation of the
defendant's probation constitutes service of time toward a term of incarceration
imposed as a result of the revocation of probation or a graduated and
evidence-based response imposed under the adult sentencing and supervision
length guidelines, as defined in Section
63M-7-401.1
75E-4-101
.
(b)
The running of the probation period is tolled upon:
(i)
the filing of a report with the court alleging a violation of the terms of the
defendant's probation; or
(ii)
the issuance of an order or a warrant under Subsection
(3)
.
Section 237. Section
77-20-103
is amended to read:
77-20-103
Effective
07/01/26
. 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
Department of Criminal 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
Department of Criminal 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
Department of Criminal 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 238. Section
77-20-403
is amended to read:
77-20-403
Effective
07/01/26
. Disposition of forfeited monetary bail.
If money deposited as a financial condition or money paid by a surety on a bail bond is
forfeited and the forfeiture is not discharged or remitted, the clerk with whom the money is
deposited or paid shall, immediately after final adjournment of the court, pay over the money
forfeited as follows:
(1)
the forfeited amount in cases in precinct justice courts or in municipal justice courts
shall be distributed as provided in Sections
78A-7-120
and
78A-7-121
; and
(2)
in all other cases:
(a)
where the financial condition was paid by a surety:
(i)
60% of the forfeited amount shall be paid to the Pretrial Release Programs Special
Revenue Fund established in Section
63M-7-215
75E-2-304
;
(ii)
20% of the forfeited amount shall be paid to the General Fund; and
(iii)
20% of the forfeited amount shall be paid to the prosecuting agency that brings
an action to collect under Section
77-20-505
; and
(b)
where the financial condition was paid without the assistance of a surety:
(i)
75% of the forfeited amount shall be paid to the Pretrial Release Programs Special
Revenue Fund established in Section
63M-7-215
75E-2-304
; and
(ii)
25% of the forfeited amount shall be paid to the General Fund.
Section 239. Section
77-22-2.5
is amended to read:
77-22-2.5
Effective
07/01/26
. Court orders for criminal investigations for
records concerning an electronic communications system or service or remote computing
service -- Content -- Fee for providing information.
(1)
As used in this section:
(a)
(i)
"Electronic communication" means any transfer of signs, signals, writing,
images, sounds, data, or intelligence of any nature transmitted in whole or in part
by a wire, radio, electromagnetic, photoelectronic, or photooptical system.
(ii)
"Electronic communication" does not include:
(A)
a wire or oral communication;
(B)
a communication made through a tone-only paging device;
(C)
a communication from a tracking device; or
(D)
electronic funds transfer information stored by a financial institution in a
communications system used for the electronic storage and transfer of funds.
(b)
"Electronic communications service" means a service which provides for users the
ability to send or receive wire or electronic communications.
(c)
"Electronic communications system" means a wire, radio, electromagnetic,
photooptical, or photoelectronic facilities for the transmission of wire or electronic
communications, and a computer facilities or related electronic equipment for the
electronic storage of the communication.
(d)
"Internet service provider" means the same as that term is defined in Section
76-5c-401
.
(e)
"Prosecutor" means the same as that term is defined in Section
77-22-4.5
.
(f)
"Remote computing service" means the provision to the public of computer storage
or processing services by means of an electronic communications system.
(g)
(i)
"Sexual offense against a minor" means:
(A)
sexual exploitation of a minor or attempted sexual exploitation of a minor in
violation of Section
76-5b-201
;
(B)
aggravated sexual exploitation of a minor or attempted aggravated sexual
exploitation of a minor in violation of Section
76-5b-201.1
;
(C)
a sexual offense or attempted sexual offense committed against a minor in
violation of
Title 76, Chapter 5, Part 4, Sexual Offenses
;
(D)
dealing in or attempting to deal in material harmful to a minor in violation of
Section
76-5c-205
or
76-5c-206
;
(E)
human trafficking of a child in violation of Section
76-5-308.5
; or
(F)
aggravated sexual extortion of a child in violation of Section
76-5b-204
.
(ii)
"Sexual offense against a minor" does not include an offense described in Section
76-5-418
,
76-5-419
, or
76-5-420
.
(2)
When a law enforcement agency is investigating a sexual offense against a minor, an
offense of stalking under Section
76-5-106.5
, or an offense of child kidnapping under
Section
76-5-301.1
, and has reasonable suspicion that an electronic communications
system or service or remote computing service has been used in the commission of a
criminal offense, a law enforcement agent shall:
(a)
articulate specific facts showing reasonable grounds to believe that the records or
other information sought, as designated in Subsections
(2)(c)(i)
through
(v)
, are
relevant and material to an ongoing investigation;
(b)
present the request to a prosecutor for review and authorization to proceed; and
(c)
submit the request to a magistrate for a court order,
consistent
in accordance
with 18
U.S.C. Sec. 2703 and 18 U.S.C. Sec. 2702, to the electronic communications system
or service or remote computing service provider that owns or controls the
Internet
internet
protocol address, websites, email address, or service to a specific telephone
number, requiring the production of the following information, if available, upon
providing in the court order the
Internet
internet
protocol address, email address,
telephone number, or other identifier, and the dates and times the address, telephone
number, or other identifier is suspected of being used in the commission of the
offense:
(i)
names of subscribers, service customers, and users;
(ii)
addresses of subscribers, service customers, and users;
(iii)
records of session times and durations;
(iv)
length of service, including the start date and types of service utilized; and
(v)
telephone or other instrument subscriber numbers or other subscriber identifiers,
including a temporarily assigned network address.
(3)
A court order issued under this section shall state that the electronic communications
system or service or remote computing service provider shall produce a record under
Subsections
(2)(c)(i)
through
(v)
that is reasonably relevant to the investigation of the
suspected criminal activity or offense as described in the court order.
(4)
(a)
An electronic communications system or service or remote computing service
provider that provides information in response to a court order issued under this
section may charge a fee, not to exceed the actual cost, for providing the information.
(b)
The law enforcement agency conducting the investigation shall pay the fee.
(5)
The electronic communications system or service or remote computing service provider
served with or responding to the court order may not disclose the court order to the
account holder identified
pursuant to
in accordance with
the court order for a period of
90 days.
(6)
If the electronic communications system or service or remote computing service
provider served with the court order does not own or control the
Internet
internet
protocol address, websites, or email address, or provide service for the telephone
number that is the subject of the court order, the provider shall notify the investigating
law enforcement agency that the provider does not have the information.
(7)
There is no cause of action against a provider or wire or electronic communication
service, or the provider or service's officers, employees, agents, or other specified
persons, for providing information, facilities, or assistance in accordance with the terms
of the court order issued under this section or statutory authorization.
(8)
(a)
A court order issued under this section is subject to the provisions of
Title 77,
Chapter 23b, Access to Electronic Communications
.
(b)
Rights and remedies for providers and subscribers under
Title 77, Chapter 23b,
Access to Electronic Communications
, apply to providers and subscribers subject to a
court order issued under this section.
(9)
A prosecutorial agency shall annually on or before February 15 report to the
Commission on Criminal and Juvenile Justice
Department of Criminal Justice
:
(a)
the number of requests for court orders authorized by the prosecutorial agency;
(b)
the number of orders issued by the court and the criminal offense,
pursuant to
described in
Subsection
(2)
, each order was used to investigate; and
(c)
if the court order led to criminal charges being filed, the type and number of offenses
charged.
Section 240. Section
77-27-1
is amended to read:
77-27-1
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
"Appearance" means any opportunity to address the board, a board member, a panel, or
hearing officer, including an interview.
(2)
"Board" means the Board of Pardons and Parole.
(3)
(a)
"Case action plan" means a document developed by the Department of
Corrections that identifies the program priorities for the treatment of the offender.
(b)
"Case action plan" includes the criminal risk factors as determined by a risk and
needs assessment conducted by the department.
(4)
"Commission" means the State Commission on Criminal and Juvenile Justice created
in Section
63M-7-201
.
(5)
(4)
"Commutation" is the change from a greater to a lesser punishment after conviction.
(6)
(5)
"Criminal accounts receivable" means the same as that term is defined in Section
77-32b-102
.
(7)
(6)
"Criminal risk factors" means
a person's
an individual's
characteristics and
behaviors that:
(a)
affect that
person's
individual's
risk of engaging in criminal behavior; and
(b)
are diminished when addressed by effective treatment, supervision, and other support
resources resulting in reduced risk of criminal behavior.
(8)
(7)
(a)
"Deliberative process" means the board or any number of the board's
individual members together engaging in discussions, whether written or verbal,
regarding a parole, a pardon, a commutation, termination of sentence, or fines, fees,
or restitution in an individual case.
(b)
"Deliberative process" includes the votes, mental processes, written notes, and
recommendations of individual board members and staff.
(c)
"Deliberative process" does not include:
(i)
a hearing where the offender is present;
(ii)
any factual record the board is considering, including records of the offender's
criminal convictions, records regarding the offender's current or previous
incarceration and supervision, and records regarding the offender's physical or
mental health;
(iii)
recommendations regarding the offender's incarceration or supervision from any
other individual, governmental entity, or agency;
(iv)
testimony received by the board regarding the offender, whether written or
verbal; or
(v)
the board's decision or rationale for the decision.
(9)
(8)
"Department" means the Department of Corrections.
(10)
(9)
"Expiration" means when the maximum sentence has run.
(11)
(10)
"Family" means any individual related to the victim as a spouse, child, sibling,
parent, or grandparent, or the victim's legal guardian.
(12)
(11)
"Hearing" or "full hearing" means an appearance before the board, a panel, a
board member
,
or
a
hearing examiner, at which an offender or inmate is afforded an
opportunity to be present and address the board.
(13)
(12)
"Location," in reference to a hearing, means the physical location at which the
board, a panel, a board member, or a hearing examiner is conducting the hearing,
regardless of the location of any
person
individual
participating by electronic means.
(14)
(13)
"Open session" means any hearing, before the board, a panel, a board member, or
a hearing examiner, that is open to the public, regardless of the location of any
person
individual
participating by electronic means.
(15)
(14)
"Panel" means members of the board assigned by the chairperson to a particular
case.
(16)
(15)
"Pardon" means:
(a)
an act of grace that forgives a criminal conviction and restores the rights and
privileges forfeited by or because of the criminal conviction;
(b)
the release of an offender from the entire punishment prescribed for a criminal
offense and from disabilities that are a consequence of the criminal conviction; and
(c)
the reinstatement of any civil rights lost as a consequence of conviction or
punishment for a criminal offense.
(17)
(16)
"Parole" means a release from imprisonment on prescribed conditions which, if
satisfactorily performed by the parolee, enables the parolee to obtain a termination of the
parolee's sentence.
(18)
(17)
"Payment schedule" means the same as that term is defined in Section
77-32b-102
.
(19)
(18)
"Pecuniary damages" means the same as that term is defined in Section
77-38b-102
.
(20)
(19)
"Probation" means an act of grace by the court suspending the imposition or
execution of a convicted offender's sentence upon prescribed conditions.
(21)
(20)
"Remit" or "remission" means the same as
that term is
those terms are
defined
in Section
77-32b-102
.
(22)
(21)
"Reprieve" or "respite" means the temporary suspension of the execution of the
sentence.
(23)
(22)
"Restitution" means the same as that term is defined in Section
77-38b-102
.
(24)
(23)
"Termination" means the act of discharging from parole or concluding the
sentence of imprisonment before the expiration of the sentence.
(25)
(24)
"Victim" means:
(a)
a person
an individual
against whom the defendant committed a felony or class A
misdemeanor offense for which a hearing is held under this chapter; or
(b)
the victim's family if the victim is deceased as a result of the offense for which a
hearing is held under this chapter.
Section 241. Section
77-27-2
is amended to read:
77-27-2
Effective
07/01/26
. Board of Pardons and Parole -- Creation --
Compensation -- Functions.
(1)
(a)
There is created the Board of Pardons and Parole.
(b)
The board shall consist of five full-time members and not more than five pro
tempore members to be appointed by the governor with the advice and consent of the
Senate in accordance with
Title 63G, Chapter 24, Part 2, Vacancies
, and as provided
in this section.
(c)
The members of the board shall be resident citizens of the state.
(d)
The governor shall establish salaries for the members of the board within the salary
range fixed by the Legislature in
Title 67, Chapter 22, State Officer Compensation
.
(2)
(a)
(i)
(A)
The full-time board members shall serve terms of five years.
(B)
The terms of the full-time members shall be staggered so one board member is
appointed for a term of five years on March 1 of each year.
(ii)
(A)
The pro tempore members shall serve terms of five years, beginning on
March 1 of the year of appointment, with no more than one pro tempore
member term beginning or expiring in the same calendar year.
(B)
If a pro tempore member vacancy occurs, the board may submit the names of
not fewer than three or more than five
persons
individuals
to the governor for
appointment to fill the vacancy.
(b)
All vacancies occurring on the board for any cause shall be filled by the governor
with the advice and consent of the Senate in accordance with this section for the
unexpired term of the vacating member.
(c)
The governor may at any time remove any member of the board for inefficiency,
neglect of duty, malfeasance or malfeasance in office, or for cause upon a hearing.
(d)
(i)
A member of the board may not hold any other office in the government of the
United States, this state or any other state, or of any county government or
municipal corporation within a state.
(ii)
A member may not engage in any occupation or business inconsistent with the
member's duties.
(e)
(i)
A majority of the board constitutes a quorum for the transaction of business,
including the holding of hearings at any time or any location within or without the
state, or for the purpose of exercising any duty or authority of the board.
(ii)
An action is deemed the action of the board if the action is taken by a majority of
the board regarding whether:
(A)
parole, pardon, commutation, or termination of a sentence is granted in an
offender's case;
(B)
remission of a criminal accounts receivable, or a fines or forfeiture, is granted
in an offender's case; or
(C)
an offender's payment schedule for a criminal accounts receivable is modified.
(iii)
A majority vote of the five full-time members of the board is required for
adoption of rules or policies of general applicability as provided by statute.
(iv)
Notwithstanding Subsection
(2)(e)(iii)
, a vacancy on the board does not impair
the right of the remaining board members to exercise any duty or authority of the
board as long as a majority of the board remains.
(v)
A board member shall comply with the conflict of interest provisions described in
Title 63G, Chapter 24, Part 3, Conflicts of Interest
.
(f)
(i)
Any investigation, inquiry, or hearing that the board has authority to undertake
or hold may be conducted by any board member or an examiner appointed by the
board.
(ii)
When an action under Subsection
(2)(f)(i)
is approved and confirmed by the
board and filed in the board's office, the action is considered to be the action of the
board and has the same effect as if originally made by the board.
(g)
(i)
When a full-time board member is absent or in other extraordinary
circumstances, the chair may, as dictated by public interest and efficient
administration of the board, assign a pro tempore member to act in the place of a
full-time member.
(ii)
Pro tempore members shall receive a per diem rate of compensation as
established by the Division of Finance and all actual and necessary expenses
incurred in attending to official business.
(h)
The chair may request staff and administrative support as necessary from the
department.
(3)
(a)
Except as provided in Subsection
(3)(b)
, the
commission
Department of Criminal
Justice
shall:
(i)
recommend five applicants to the governor for a full-time member appointment to
the board; and
(ii)
consider applicants' knowledge of the criminal justice system, state and federal
criminal law, judicial procedure, corrections policies and procedures, and
behavioral sciences.
(b)
The procedures and requirements of Subsection
(3)(a)
do not apply if the governor
appoints a sitting board member to a new term of office.
(4)
(a)
(i)
The board shall appoint an individual to serve as the board's mental health
adviser and may appoint other staff necessary to aid the board in fulfilling the
board's responsibilities under
Title 77, Chapter 16a, Commitment and Treatment
of Individuals with a Mental Condition
.
(ii)
The adviser shall prepare reports and recommendations to the board on all
persons
individuals
adjudicated as guilty with a mental condition, in accordance
with
Title 77, Chapter 16a, Commitment and Treatment of Individuals with a
Mental Condition
.
(b)
The mental health adviser shall possess the qualifications necessary to carry out the
duties imposed by the board and may not be employed by the department or the Utah
State Hospital.
(i)
The board may review outside employment by the mental health advisor.
(ii)
The board shall develop rules governing employment with entities other than the
board by the mental health advisor for the purpose of prohibiting a conflict of
interest.
(c)
The mental health adviser shall:
(i)
act as liaison for the board with the Department of Health and Human Services
and local mental health authorities;
(ii)
educate the members of the board regarding the needs and special circumstances
of
persons
individuals
with a mental condition in the criminal justice system;
(iii)
in cooperation with the department, monitor the status of
persons
individuals
in
the prison who have been found guilty with a mental condition;
(iv)
monitor the progress of other
persons
individuals
under the board's jurisdiction
who have a mental condition;
(v)
conduct hearings as necessary in the preparation of reports and recommendations;
and
(vi)
perform other duties as assigned by the board.
Section 242. Section
77-27-5
is amended to read:
77-27-5
Effective
07/01/26
. Board of Pardons and Parole authority.
(1)
(a)
Subject to this chapter and other laws of the state, and except for a conviction for
treason or impeachment, the board shall determine by majority decision when and
under what conditions an offender's conviction may be pardoned or commuted.
(b)
The board shall determine by majority decision when and under what conditions an
offender committed to serve a sentence at a penal or correctional facility, which is
under the jurisdiction of the department, may:
(i)
be released upon parole;
(ii)
have a fine or forfeiture remitted;
(iii)
have the offender's criminal accounts receivable remitted in accordance with
Section
77-32b-105
or
77-32b-106
;
(iv)
have the offender's payment schedule modified in accordance with Section
77-32b-103
; or
(v)
have the offender's sentence terminated.
(c)
The board shall prioritize public safety when making a determination under
Subsection
(1)(a)
or
(1)(b)
.
(d)
(i)
The board may sit together or in panels to conduct hearings.
(ii)
The chair shall appoint members to the panels in any combination and in
accordance with rules made by the board in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(iii)
The chair may participate on any panel and when doing so is chair of the panel.
(iv)
The chair of the board may designate the chair for any other panel.
(e)
(i)
Except after a hearing before the board, or the board's appointed examiner, in
an open session, the board may not:
(A)
remit a fine or forfeiture for an offender or the offender's criminal accounts
receivable;
(B)
release the offender on parole; or
(C)
commute, pardon, or terminate an offender's sentence.
(ii)
An action taken under this Subsection
(1)
other than by a majority of the board
shall be affirmed by a majority of the board.
(f)
A commutation or pardon may be granted only after a full hearing before the board.
(2)
(a)
In the case of a hearing, timely prior notice of the time and location of the hearing
shall be given to the offender.
(b)
The county or district attorney's office responsible for prosecution of the case, the
sentencing court, and law enforcement officials responsible for the defendant's arrest
and conviction shall be notified of any board hearings through the board's website.
(c)
Whenever possible, the victim or the victim's representative, if designated, shall be
notified of original hearings and any hearing after that if notification is requested and
current contact information has been provided to the board.
(d)
(i)
Notice to the victim or the victim's representative shall include information
provided in Section
77-27-9.5
, and any related rules made by the board under that
section.
(ii)
The information under Subsection
(2)(d)(i)
shall be provided in terms that are
reasonable for the lay person to understand.
(3)
(a)
A decision by the board is final and not subject for judicial review if the decision
is regarding:
(i)
a pardon, parole, commutation, or termination of an offender's sentence;
(ii)
restitution, the modification of an offender's payment schedule for restitution, or
an order for costs; or
(iii)
the remission of an offender's criminal accounts receivable or a fine or forfeiture.
(b)
Deliberative processes are not public and the board is exempt from Title 52, Chapter
4, Open and Public Meetings Act, when the board is engaged in the board's
deliberative process.
(c)
Pursuant to
In accordance with
Subsection
63G-2-103(25)(b)(xii)
, records of the
deliberative process are exempt from Title 63G, Chapter 2, Government Records
Access and Management Act.
(d)
Unless it will interfere with a constitutional right, deliberative processes are not
subject to disclosure, including discovery.
(e)
Nothing in this section prevents the obtaining or enforcement of a civil judgment.
(4)
(a)
This chapter may not be construed as a denial of or limitation of the governor's
power to grant respite or reprieves in all cases of convictions for offenses against the
state, except treason or conviction on impeachment.
(b)
Notwithstanding Subsection
(4)(a)
, respites or reprieves may not extend beyond the
next session of the board.
(c)
At the next session of the board, the board:
(i)
shall continue or terminate the respite or reprieve; or
(ii)
may commute the punishment or pardon the offense as provided.
(d)
In the case of conviction for treason, the governor may suspend execution of the
sentence until the case is reported to the Legislature at the Legislature's next session.
(e)
The Legislature shall pardon or commute the sentence or direct the sentence's
execution.
(5)
(a)
In determining when, where, and under what conditions an offender serving a
sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the
offender's criminal accounts receivable remitted, or have the offender's sentence
commuted or terminated, the board shall:
(i)
consider whether the offender has made restitution ordered by the court under
Section
77-38b-205
, or is prepared to pay restitution as a condition of any parole,
pardon, remission of a criminal accounts receivable or a fine or forfeiture, or a
commutation or termination of the offender's sentence;
(ii)
except as provided in Subsection
(5)(b)
, develop and use a list of criteria for
making determinations under this Subsection
(5)
;
(iii)
consider information provided by the department regarding an offender's
individual case action plan; and
(iv)
review an offender's status within 60 days after the day on which the board
receives notice from the department that the offender has completed all of the
offender's case action plan components that relate to activities that can be
accomplished while the offender is imprisoned.
(b)
The board shall determine whether to remit an offender's criminal accounts
receivable under this Subsection
(5)
in accordance with Section
77-32b-105
or
77-32b-106
.
(6)
In determining whether parole may be terminated, the board shall consider:
(a)
the offense committed by the parolee; and
(b)
the parole period under Section
76-3-202
, and in accordance with Section
77-27-13
.
(7)
For an offender placed on parole after December 31, 2018, the board shall terminate
parole in accordance with the adult sentencing and supervision length guidelines, as
defined in Section
63M-7-401.1
75E-4-101
, to the extent the guidelines are consistent
with the requirements of the law.
(8)
The board may not rely solely on an algorithm or a risk assessment tool score in
determining whether parole should be granted or terminated for an offender.
(9)
The board may intervene as a limited-purpose party in a judicial or administrative
proceeding, including a criminal action, to seek:
(a)
correction of an order that has or will impact the board's jurisdiction; or
(b)
clarification regarding an order that may impact the board's jurisdiction.
(10)
A motion to intervene brought under Subsection
(9)(a)
shall be raised within 60 days
after the day on which a court enters the order that impacts the board's jurisdiction.
Section 243. Section
77-27-5.4
is amended to read:
77-27-5.4
Effective
07/01/26
. Earned time program.
(1)
The board shall establish an earned time program that reduces the period of
incarceration for offenders who successfully complete specified programs, the purpose
of which is to reduce the risk of recidivism.
(2)
The earned time program shall:
(a)
provide not less than four months of earned time credit each for the completion of up
to two programs that:
(i)
are approved by the board in collaboration with the department; and
(ii)
are recommended programs that are part of the offender's case action plan; and
(b)
allow the board to grant in the board's discretion earned time credit in addition to the
earned time credit provided under Subsection
(2)(a)
.
(3)
The earned time program may not provide earned time credit for an offender:
(a)
whose previously ordered release date does not provide enough time, including time
for transition services, for the board to grant the earned time credit;
(b)
who has been sentenced by the court to a term of life without the possibility of parole;
(c)
who has been ordered by the board to serve until the expiration of the offender's
sentence, including a life sentence;
(d)
who does not have a current release date;
(e)
who has not met a contingency requirement for release that has been ordered by the
board; or
(f)
who has been given a termination date by the board.
(4)
The board may order the forfeiture of earned time credits under this section if the board
determines a rescission hearing is necessary.
(5)
The department shall notify the board not more than 30 days after an offender completes
a program as defined in Subsection
(2)(a)
.
(6)
The board shall collect data for the fiscal year regarding the operation of the earned time
credit program, including:
(a)
the number of offenders who have earned time credit under this section in the prior
year;
(b)
the amount of time credit earned in the prior year;
(c)
the number of offenders who forfeited earned time credit; and
(d)
additional related information as requested by the
Commission on Criminal and
Juvenile Justice
Department of Criminal Justice
.
(7)
The board shall collaborate with the department in the establishment of the earned time
credit program.
(8)
To the extent possible, programming and hearings shall be provided early enough in an
offender's incarceration to allow the offender to earn time credit.
Section 244. Section
77-27-10
is amended to read:
77-27-10
Effective
07/01/26
. Conditions of parole -- Inmate agreement to
warrant -- Rulemaking -- Intensive early release parole program.
(1)
(a)
When the Board of Pardons and Parole releases an offender on parole, it shall, in
accordance with Section
64-14-204
, issue to the parolee a certificate setting forth the
conditions of parole, including the graduated and evidence-based responses to a
violation of a condition of parole established in the adult sentencing and supervision
length guidelines, as defined in Section
63M-7-401.1
75E-4-101
, which the offender
shall accept and agree to as evidenced by the offender's signature affixed to the
agreement.
(b)
The parole agreement shall require that the inmate agree in writing that the board
may issue a warrant and conduct a parole revocation hearing if:
(i)
the board determines after the grant of parole that the inmate willfully provided to
the board false or inaccurate information that the board finds was significant in the
board's determination to grant parole; or
(ii)
(A)
the inmate has engaged in criminal conduct
prior to
before
the granting of
parole; and
(B)
the board did not have information regarding the conduct at the time parole
was granted.
(c)
(i)
A copy of the agreement shall be delivered to the Department of Corrections
and a copy shall be given to the parolee.
(ii)
The original agreement shall remain with the board's file.
(2)
(a)
If an offender convicted of violating or attempting to violate Section
76-5-301.1
,
76-5-302
,
76-5-402
,
76-5-402.1
,
76-5-402.2
,
76-5-402.3
,
76-5-403
,
76-5-403.1
,
76-5-404
,
76-5-404.1
,
76-5-404.3
, or
76-5-405
, is released on parole, the board shall
order outpatient mental health counseling and treatment as a condition of parole.
(b)
The board shall develop standards and conditions of parole under this Subsection
(2)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c)
This Subsection
(2)
does not apply to intensive early release parole.
(3)
(a)
(i)
In addition to the conditions set out in Subsection
(1)
, the board may place
offenders in an intensive early release parole program.
(ii)
The board shall determine the conditions of parole which are reasonably
necessary to protect the community as well as to protect the interests of the
offender and to assist the offender to lead a law-abiding life.
(b)
The offender is eligible for this program only if the offender:
(i)
has not been convicted of a sexual offense; or
(ii)
has not been sentenced
pursuant to
in accordance with
Section
76-3-406
.
(c)
The department shall:
(i)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, for operation of the program;
(ii)
adopt and implement internal management policies for operation of the program;
(iii)
determine whether
or not
to refer an offender into this program within 120 days
from the date the offender is committed to prison by the sentencing court; and
(iv)
make the final recommendation to the board regarding the placement of an
offender into the program.
(d)
The department may not consider credit for time served in a county jail awaiting trial
or sentencing when calculating the 120-day period.
(e)
The prosecuting attorney or sentencing court may refer an offender for consideration
by the department for participation in the program.
(f)
The board shall determine whether
or not
to place an offender into this program
within 30 days of receiving the department's recommendation.
(4)
This program shall be implemented by the department within the existing budget.
(5)
In addition to the conditions of parole described in this section, and if a condition of the
offender's parole is routine or random drug testing, the board shall order the offender to
sign a waiver consistent with the Health Insurance Portability and Accountability Act,
42 U.S.C. Sec. 1320d et seq., allowing the treatment provider conducting the drug
testing to notify the offender's supervising parole officer regarding the results of the
offender's drug testing.
(6)
During the time the offender is on parole, the department shall collect from the offender
the monthly supervision fee authorized by Section
64-14-204
.
(7)
When a parolee commits a violation of the parole agreement, the department may:
(a)
respond in accordance with the graduated and evidence-based responses established
in accordance with Section
64-14-204
; or
(b)
when the graduated and evidence-based responses established in accordance with
Section
64-14-204
indicate, refer the parolee to the Board of Pardons and Parole for
revocation of parole.
Section 245. Section
77-27-11
is amended to read:
77-27-11
Effective
07/01/26
. Revocation of parole.
(1)
The board may revoke the parole of any individual who is found to have violated any
condition of the individual's parole.
(2)
(a)
If a parolee is confined by the department or any law enforcement official for a
suspected violation of parole, the department
shall
:
(i)
shall
immediately report the alleged violation to the board, by means of an
incident report; and
(ii)
make any recommendation regarding the incident.
(b)
A parolee may not be held for a period longer than 72 hours, excluding weekends
and holidays, without first obtaining a warrant.
(c)
The board shall expeditiously consider warrant requests from the department under
Section
64-14-205
.
(3)
Any member of the board may:
(a)
issue a warrant based upon a certified warrant request to a peace officer or other
persons authorized to arrest, detain, and return to actual custody a parolee; and
(b)
upon arrest of the parolee, determine, or direct the department to determine, if there
is probable cause to believe that the parolee has violated the conditions of the
parolee's parole.
(4)
Upon a finding of probable cause, a parolee may be further detained or imprisoned
again pending a hearing by the board or the board's appointed examiner.
(5)
(a)
The board or the board's appointed examiner shall conduct a hearing on the
alleged violation, and the parolee shall have written notice of the time and location of
the hearing, the alleged violation of parole, and a statement of the evidence against
the parolee.
(b)
The board or the board's appointed examiner shall provide the parolee the
opportunity:
(i)
to be present;
(ii)
to be heard;
(iii)
to present witnesses and documentary evidence;
(iv)
to confront and cross-examine adverse witnesses, absent a showing of good
cause for not allowing the confrontation; and
(v)
to be represented by counsel when the parolee is mentally incompetent or
pleading not guilty.
(c)
(i)
If heard by an appointed examiner, the examiner shall make a written decision
which shall include a statement of the facts relied upon by the examiner in
determining the guilt or innocence of the parolee on the alleged violation and a
conclusion as to whether the alleged violation occurred.
(ii)
The appointed examiner shall then refer the case to the board for disposition.
(d)
(i)
A final decision shall be reached by a majority vote of the sitting members of
the board.
(ii)
A parolee shall be promptly notified in writing of the board's findings and
decision.
(6)
(a)
If a parolee is found to have violated the terms of parole, the board, at the board's
discretion, may:
(i)
return the parolee to parole;
(ii)
modify the payment schedule for the parolee's criminal accounts receivable in
accordance with Section
77-32b-105
;
(iii)
order the parolee to pay pecuniary damages that are proximately caused by a
defendant's violation of the terms of the defendant's parole;
(iv)
order the parolee to be imprisoned, but not to exceed the maximum term of
imprisonment for the parolee's sentence; or
(v)
order any other conditions for the parolee.
(b)
If the board returns the parolee to parole, the length of parole may not be for a period
of time that exceeds the length of the parolee's maximum sentence.
(c)
If the board revokes parole for a violation and orders incarceration, the board may
impose a period of incarceration:
(i)
consistent with the adult sentencing and supervision length guidelines, as defined
in Section
63M-7-401.1
75E-4-101
; or
(ii)
subject to Subsection
(6)(a)(iv)
, impose a period of incarceration that differs from
the guidelines.
(d)
The following periods of time constitute service of time toward the period of
incarceration imposed under Subsection
(6)(c)
:
(i)
time served in jail by a parolee awaiting a hearing or decision concerning
revocation of parole; and
(ii)
time served in jail by a parolee due to a violation of parole under Subsection
64-13-6
(2)
64-14-204(2)(b)
.
Section 246. Section
77-27-32
is amended to read:
77-27-32
Effective
07/01/26
. Reporting requirements.
(1)
The board shall publicly display metrics on the board's website, including:
(a)
a measure of recidivism;
(b)
a measure of time under board jurisdiction;
(c)
a measure of prison releases by category;
(d)
a measure of parole revocations;
(e)
a measure of alignment of board decisions with the adult sentencing and supervision
length guidelines, as defined in Section
63M-7-401.1
75E-4-101
; and
(f)
a measure of the aggregate reasons for departing from the guidelines described in
Subsection
(1)(e)
.
(2)
On or before September 30 of each year, the board shall submit to the
commission
Department of Criminal Justice
and the Law Enforcement and Criminal Justice Interim
Committee a report for the previous fiscal year that summarizes the metrics in
Subsection
(1)
.
Section 247. Section
77-30-2.5
is enacted to read:
77-30-2.5
Effective
07/01/26
. Assistance from Department of Criminal Justice.
The governor may direct the Department of Criminal Justice created in Section
75E-2-102
to assist with the governor's responsibilities described in this chapter.
Section 248. Section
77-37-3
is amended to read:
77-37-3
Effective
07/01/26
. Bill of rights.
(1)
The bill of rights for victims and witnesses is:
(a)
(i)
Victims and witnesses have a right to be informed as to the level of protection
from intimidation and harm available to them, and from what sources, as they
participate in criminal justice proceedings
as designated by
described in
Section
76-8-508
, regarding tampering with a witness, and Section
76-8-509
, regarding
extortion or bribery to dismiss a criminal proceeding.
(ii)
Law enforcement, prosecution, and corrections personnel have the duty to timely
provide
this
the
information
described in Subsection
(1)(a)(i)
in a form which is
useful to the victim.
(b)
(i)
Victims and witnesses, including children and
their guardians
the children's
guardians
, have a right to be informed and assisted as to their role in the criminal
justice process.
(ii)
All criminal justice agencies have the duty to provide
this
the
information
described in Subsection
(1)(b)(i)
and assistance.
(c)
(i)
Victims and witnesses have a right to clear explanations regarding relevant
legal proceedings
; these
.
(ii)
The
explanations
described in Subsection
(1)(c)(i)
shall be appropriate to the age
of child victims and witnesses.
(iii)
All criminal justice agencies have the duty to provide
these
the
explanations
described in Subsection
(1)(c)(i)
.
(d)
(i)
Victims and witnesses should have a secure waiting area that does not require
them to be in close proximity to defendants or the family and friends of
defendants.
(ii)
Agencies controlling facilities shall, whenever possible, provide
this
the
area
described in Subsection
(1)(d)(i)
.
(e)
(i)
Victims may seek restitution or
reparations
compensation
, including medical
costs, as provided in
Title
63M, Chapter 7
, Criminal Justice and Substance Abuse
Title 75E, Chapter 5, Part 3, Victim Compensation
, Title
77, Chapter 38b
, Crime
Victims Restitution Act, and Section
80-6-710
.
(ii)
State and local government agencies that serve victims have the duty to have a
functional knowledge of the procedures established by the
Utah
Office for
Victims of Crime and to inform victims of these procedures.
(f)
(i)
Victims and witnesses have a right to have any personal property returned as
provided in Chapter
11a
, Seizure of Property and Contraband, and Chapter
11d
,
Lost or Mislaid Property.
(ii)
Criminal justice agencies shall expeditiously return the property
described in
Subsection
(1)(f)(i)
when it is no longer needed for court law enforcement or
prosecution purposes.
(g)
(i)
Victims and witnesses have the right to reasonable employer intercession
services, including pursuing employer cooperation in minimizing employees' loss
of pay and other benefits resulting from their participation in the criminal justice
process.
(ii)
Officers of the court shall provide
these
the
services
described in Subsection
(1)(g)(i)
and shall consider victims' and witnesses' schedules so that activities
which conflict can be avoided.
(iii)
Where conflicts cannot be avoided, the victim may request that the responsible
agency intercede with employers or other parties.
(h)
(i)
Victims and witnesses, particularly children, should have a speedy disposition
of the entire criminal justice process.
(ii)
All involved public agencies shall establish policies and procedures to encourage
speedy disposition of criminal cases.
(i)
(i)
Victims and witnesses have the right to timely notice of judicial proceedings
they are to attend and timely notice of cancellation of any proceedings.
(ii)
Criminal justice agencies have the duty to provide
these
the
notifications
described in Subsection
(1)(i)(i)
.
(iii)
Defense counsel and others have the duty to provide timely notice to prosecution
of any continuances or other changes that may be required.
(2)
In addition to the rights of a victim described in Subsection
(1)
, a victim of a sexual
offense has the right to:
(a)
request voluntary testing for themselves for HIV infection as described in Section
53-10-803
;
(b)
request mandatory testing of the alleged sexual offender for HIV infection as
described in Section
53-10-802
;
(c)
not to be prevented from, or charged for, a medical forensic examination;
(d)
have the evidence from a sexual assault kit, or the contents of the sexual assault kit,
preserved for the time periods described in Chapter 11c, Retention of Evidence,
without any charge to the victim;
(e)
be informed whether a DNA profile was obtained from the testing of the evidence in
a sexual assault kit or from other crime scene evidence;
(f)
be informed whether a DNA profile developed from the evidence in a sexual assault
kit, or from other crime scene evidence, has been entered into the Utah Combined
DNA Index System;
(g)
be informed of any result from a sexual assault kit or from other crime scene
evidence if that disclosure would not impede or compromise an ongoing
investigation, including:
(i)
whether there is a match between a DNA profile developed from the evidence in a
sexual assault kit, or from other crime scene evidence, and a DNA profile
contained in the Utah Combined DNA Index System; and
(ii)
a toxicology result or other information that is collected from a sexual assault kit
as part of a medical forensic examination of the victim;
(h)
be informed in writing of policies governing the collection and preservation of a
sexual assault kit;
(i)
be informed of the status and location of a sexual assault kit;
(j)
upon written request by the victim, receive a notice of intent from an agency, as
defined in Section
53-10-905
, if the agency intends to destroy or dispose of evidence
from a sexual assault kit;
(k)
be granted further preservation of the sexual assault kit if the agency, as defined in
Section
53-10-905
, intends to destroy or dispose of evidence from a sexual assault kit
and the victim submits a written request as described in Section
53-10-905
;
(l)
designate a person of the victim's choosing to act as a recipient of the information
provided under this Subsection
(2)
or Subsections
(3)
and
(4)
; and
(m)
be informed of all the enumerated rights in this Subsection
(2)
.
(3)
Subsections
(2)(e)
through
(g)
do not require that the law enforcement agency
communicate with the victim or the victim's designee regarding the status of DNA
testing, absent a specific request received from the victim or the victim's designee.
(4)
A law enforcement agency investigating a sexual offense may:
(a)
release the information indicated in Subsections
(2)(e)
through
(g)
upon the request
of the victim of the sexual offense, or the victim's designee and is the designated
agency to provide that information to the victim or the victim's designee;
(b)
require that the victim's request be in writing; and
(c)
respond to the victim's request with verbal communication, written communication,
or by email if an email address is available.
(5)
A law enforcement agency investigating a sexual offense shall:
(a)
notify the victim of the sexual offense, or the victim's designee, if the law
enforcement agency determines that DNA evidence will not be analyzed in a case
where the identity of the perpetrator has not be confirmed;
(b)
provide the information described in this section in a timely manner; and
(c)
upon request of the victim or the victim's designee, advise the victim or the victim's
designee of any significant changes in the information of which the law enforcement
agency is aware.
(6)
The law enforcement agency investigating the sexual offense is responsible for
informing the victim of the sexual offense, or the victim's designee, of the rights
established under this section.
(7)
Informational rights of the victim under this chapter are based upon the victim
providing the current name, address, telephone number, and email address, if an email
address is available, of the person to whom the information should be provided to the
criminal justice agencies involved in the case.
Section 249. Section
77-37-4
is amended to read:
77-37-4
Effective
07/01/26
. Additional rights -- Children.
In addition to all rights afforded to victims and witnesses under this chapter, child
victims and witnesses shall be afforded these rights:
(1)
Children have the right to protection from physical and emotional abuse during their
involvement with the criminal justice process.
(2)
(a)
Children are not responsible for inappropriate behavior adults commit against
them and have the right not to be questioned, in any manner, nor to have allegations
made, implying this responsibility.
(b)
Those who interview children have the responsibility to consider the interests of the
child
in this regard
described in Subsection
(2)(a)
.
(3)
(a)
Child victims and witnesses have the right to have interviews relating to a
criminal prosecution kept to a minimum.
(b)
All agencies shall coordinate interviews and ensure that they are conducted by
persons
individuals
sensitive to the needs of children.
(4)
(a)
Child victims have the right to be informed of available community resources that
might assist them and how to gain access to those resources.
(b)
Law enforcement and prosecutors have the duty to ensure that child victims are
informed of community resources, including counseling
prior to
before
the court
proceeding, and have those services available throughout the criminal justice process.
(5)
(a)
Child victims have the right, once an investigation has been initiated by law
enforcement or the Division of Child and Family Services, to keep confidential their
interviews that are conducted at a Children's Justice Center, including video and
audio recordings, and transcripts of those recordings.
(b)
Except as provided in Subsection
(6)
, recordings and transcripts of interviews may
not be distributed, released, or displayed to anyone without a court order.
(b)
(c)
A court order described in Subsection
(5)(a)
(5)(b)
:
(i)
shall describe with particularity to whom the recording or transcript of the
interview may be released and prohibit further distribution or viewing by anyone
not named in the order; and
(ii)
may impose restrictions on access to the materials considered reasonable to
protect the privacy of the child victim.
(c)
(d)
(i)
A parent or guardian of the child victim may petition a juvenile or district
court for an order allowing the parent or guardian to view a recording or transcript
upon a finding of good cause.
(ii)
The order
described in Subsection
(5)(d)(i)
shall designate the agency that is
required to display the recording or transcript to the parent or guardian and shall
prohibit viewing by anyone not named in the order.
(d)
(e)
Following the conclusion of any legal proceedings in which the recordings or
transcripts are used, the court shall order the recordings and transcripts in the court's
file sealed and preserved.
(6)
(a)
The following offices and
their
the offices'
designated employees may distribute
and receive a recording or transcript to and from one another without a court order:
(i)
the Division of Child and Family Services;
(ii)
administrative law judges employed by the Department of
Health and
Human
Services;
(iii)
Department of
Health and
Human Services investigators investigating the
Division of Child and Family Services or investigators authorized to investigate
under Section
80-2-703
;
(iv)
an office of the city attorney, county attorney, district attorney, or attorney
general;
(v)
a law enforcement agency;
(vi)
a Children's Justice Center established under Section
67-5b-102
; or
(vii)
the attorney for the child who is the subject of the interview.
(b)
In a criminal case or in a juvenile court in which the state is a party:
(i)
the parties may display and enter into evidence a recording or transcript in the
course of a prosecution;
(ii)
the state's attorney may distribute a recording or transcript to the attorney for the
defendant, pro se defendant, respondent, or pro se respondent
pursuant to
in
accordance with
a valid request for discovery;
(iii)
the attorney for the defendant or respondent may do one or both of the following:
(A)
release the recording or transcript to an expert retained by the attorney for the
defendant or respondent if the expert agrees in writing that the expert will not
distribute, release, or display the recording or transcript to anyone without prior
authorization from the court; or
(B)
permit the defendant or respondent to view the recording or transcript, but
may not distribute or release the recording or transcript to the defendant or
respondent; and
(iv)
the court shall advise a pro se defendant or respondent that a recording or
transcript received as part of discovery is confidential and may not be distributed,
released, or displayed without prior authorization from the court.
(c)
A court's failure to advise a pro se defendant or respondent that a recording or
transcript received as part of discovery is confidential and may not be used as a
defense to prosecution for a violation of the disclosure rule.
(d)
In an administrative case,
pursuant to
in accordance with
a written request, the
Division of Child and Family Services may display, but may not distribute or release,
a recording or transcript to the respondent or to the respondent's designated
representative.
(e)
(i)
Within two business days of a request from a parent or guardian of a child
victim, an investigative agency shall allow the parent or guardian to view a
recording after the conclusion of an interview, unless:
(A)
the suspect is a parent or guardian of the child victim;
(B)
the suspect resides in the home with the child victim; or
(C)
the investigative agency determines that allowing the parent or guardian to
view the recording would likely compromise or impede the investigation.
(ii)
If the investigative agency determines that allowing the parent or guardian to
view the recording would likely compromise or impede the investigation, the
parent or guardian may petition a juvenile or district court for an expedited
hearing on whether there is good cause for the court to enter an order allowing the
parent or guardian to view the recording in accordance with Subsection
(5)(c)
(5)(d)
.
(iii)
A Children's Justice Center shall coordinate the viewing of the recording
described in this Subsection
(6)(e)
.
(f)
A multidisciplinary team assembled by a Children's Justice Center or an
interdisciplinary team assembled by the Division of Child and Family Services may
view a recording or transcript, but may not receive a recording or transcript.
(g)
A Children's Justice Center:
(i)
may distribute or display a recording or transcript to an authorized trainer or
evaluator for purposes of training or evaluation; and
(ii)
may display, but may not distribute, a recording or transcript to an authorized
trainee.
(h)
An authorized trainer or instructor may display a recording or transcript according to
the terms of the authorized trainer's or instructor's contract with the Children's Justice
Center or according to the authorized trainer's or instructor's scope of employment.
(i)
(i)
In an investigation under Section
53E-6-506
, in which a child victim who is the
subject of the recording or transcript has alleged criminal conduct against an
educator, a law enforcement agency may distribute or release the recording or
transcript to an investigator operating under State Board of Education
authorization, upon the investigator's written request.
(ii)
If the respondent in a case investigated under Section
53E-6-506
requests a
hearing authorized under that section, the investigator operating under State Board
of Education authorization may display, release, or distribute the recording or
transcript to the prosecutor operating under State Board of Education
authorization or to an expert retained by an investigator.
(iii)
Upon request for a hearing under Section
53E-6-506
, a prosecutor operating
under State Board of Education authorization may display the recording or
transcript to a pro se respondent, to an attorney retained by the respondent, or to
an expert retained by the respondent.
(iv)
The parties to a hearing authorized under Section
53E-6-506
may display and
enter into evidence a recording or transcript in the course of a prosecution.
(j)
Notwithstanding any other provision in this section, a law enforcement agency shall
provide an investigative report to the
Utah
Office for Victims of Crime as provided
under Section
63M-7-529
75E-5-308
.
(7)
Except as otherwise provided in this section, it is a class B misdemeanor for any
individual to distribute, release, or display any recording or transcript of an interview of
a child victim conducted at a Children's Justice Center.
Section 250. Section
77-38-3
is amended to read:
77-38-3
Effective
07/01/26
. Notification to victims -- Initial notice, election to
receive subsequent notices -- Form of notice -- Protected victim information -- Pretrial
criminal no contact order.
(1)
Within seven days after the day on which felony criminal charges are filed against a
defendant, the prosecuting agency shall provide an initial notice to reasonably
identifiable and locatable victims of the crime contained in the charges, except as
otherwise provided in this chapter.
(2)
The initial notice to the victim of a crime shall provide information about electing to
receive notice of subsequent important criminal justice hearings
listed
described
in
Subsections
77-38-2(5)(a)
through
(g)
and rights under this chapter.
(3)
The prosecuting agency shall provide notice to a victim of a crime:
(a)
for the important criminal justice hearings
, provided
described
in Subsections
77-38-2(5)(a)
through
(g)
, which the victim has requested; and
(b)
for a restitution request to be submitted in accordance with Section
77-38b-202
.
(4)
(a)
The responsible prosecuting agency may provide initial and subsequent notices in
any reasonable manner, including telephonically, electronically, orally, or by means
of a letter or form prepared for this purpose.
(b)
In the event of an unforeseen important criminal justice hearing, described in
Subsections
77-38-2(5)(a)
through
(g)
for which a victim has requested notice, a
good faith attempt to contact the victim by telephone shall be considered sufficient
notice
, provided that
if
the prosecuting agency subsequently notifies the victim of
the result of the proceeding.
(5)
(a)
The court shall take reasonable measures to ensure that
its
the court's
scheduling
practices for the proceedings
provided
described
in Subsections
77-38-2(5)(a)
through
(g)
permit an opportunity for victims of
crimes
crime
to be notified.
(b)
The court shall consider whether any notification system that the court might use to
provide notice of judicial proceedings to defendants could be used to provide notice
of judicial proceedings to victims of
crimes
crime
.
(6)
A defendant or, if it is the moving party, the Division of Adult Probation and Parole
created in Section
64-14-202
, shall give notice to the responsible prosecuting agency of
any motion for modification of any determination made at any of the important criminal
justice hearings
provided
described
in Subsections
77-38-2(5)(a)
through
(g)
in
advance of any requested court hearing or action so that the prosecuting agency may
comply with the prosecuting agency's notification obligation.
(7)
(a)
Notice to a victim of a crime shall be provided by the Board of Pardons and
Parole for the important criminal justice hearing under Subsection
77-38-2(5)(h)
.
(b)
The board may provide notice in any reasonable manner, including telephonically,
electronically, orally, or by means of a letter or form prepared for this purpose.
(8)
Prosecuting agencies and the Board of Pardons and Parole are required to give notice to
a victim of a crime for the proceedings provided in Subsections
77-38-2(5)(a)
through
(g)
only where the victim has responded to the initial notice, requested notice of subsequent
proceedings, and provided a current address and telephone number if applicable.
(9)
To facilitate the payment of restitution and the notice of hearings regarding restitution, a
victim who seeks restitution and notice of restitution hearings shall provide the court
with the victim's current address and telephone number.
(10)
(a)
Law enforcement and criminal justice agencies shall refer any requests for notice
or information about crime victim rights from victims to the responsible prosecuting
agency.
(b)
In a case in which the Board of Pardons and Parole is involved, the responsible
prosecuting agency shall forward any request for notice the prosecuting agency has
received from a victim to the Board of Pardons and Parole.
(11)
In all cases where the number of victims exceeds 10, the responsible prosecuting
agency may send any notices required under this chapter in the prosecuting agency's
discretion to a representative sample of the victims.
(12)
(a)
A victim's address, telephone number, and victim impact statement maintained
by a peace officer, prosecuting agency, Youth Parole Authority, Division of Juvenile
Justice and Youth Services, Department of Corrections, Utah State Courts, and Board
of Pardons and Parole, for purposes of providing notice under this section, are
classified as protected under Subsection
63G-2-305(10)
.
(b)
The victim's address, telephone number, and victim impact statement is available
only to the following persons or entities in the performance of their duties:
(i)
a law enforcement agency, including the prosecuting agency;
(ii)
a victims' right committee as provided in Section
77-37-5
;
(iii)
(ii)
a governmentally sponsored victim or witness program;
(iv)
(iii)
the Department of Corrections;
(v)
(iv)
the
Utah
Office for Victims of Crime;
(vi)
(v)
the
Commission on Criminal and Juvenile Justice
Department of Criminal
Justice
;
(vii)
(vi)
the Utah State Courts; and
(viii)
(vii)
the Board of Pardons and Parole.
(13)
The notice provisions
as provided
described
in this section do not apply to
misdemeanors
as provided
described
in Section
77-38-5
and
or
to important juvenile
justice hearings
as provided
described
in Section
77-38-2
.
(14)
(a)
When
The court may, during any court hearing in which the defendant is
present, issue a pretrial criminal no contact order when
a defendant is charged with a
felony crime under
:
(i)
Sections
76-5-301
through
76-5-310.1
regarding kidnapping, human trafficking,
and human smuggling;
(ii)
Sections
76-5-401
through
76-5-413.2
regarding sexual offenses; or
(iii)
Section
76-5d-208
regarding aggravated exploitation of prostitution
, the court
may, during any court hearing where the defendant is present, issue a pretrial
criminal no contact order:
.
(b)
The pretrial criminal no contact order described in Subsection
(14)(a)
may:
(i)
prohibiting
prohibit
the defendant from harassing, telephoning, contacting, or
otherwise communicating with the victim directly or through a third party;
(ii)
ordering
order
the defendant to stay away from the residence, school, place of
employment of the victim, and the premises of any of these, or any specified place
frequented by the victim or any designated family member of the victim directly
or through a third party; and
(iii)
ordering
order
any other relief that the court considers necessary to protect and
provide for the safety of the victim and any designated family or household
member of the victim.
(b)
(c)
Violation of a pretrial criminal no contact order issued
pursuant to
in
accordance with
this section is a third degree felony.
(c)
(d)
(i)
The court shall provide to the victim a certified copy of any pretrial
criminal no contact order that has been issued if the victim can be located with
reasonable effort.
(ii)
The court shall also transmit the pretrial criminal no contact order to the statewide
domestic violence network in accordance with Section
78B-7-113
.
(15)
(a)
When a case involving a victim may resolve before trial with a plea deal, the
prosecutor shall notify the victim of that possibility as soon as practicable.
(b)
Upon the request of a victim described in Subsection
(15)(a)
, the prosecutor shall
explain the available details of an anticipated plea deal.
Section 251. Section
77-38-11
is amended to read:
77-38-11
Effective
07/01/26
. Enforcement -- Appellate review -- No right to
money damages.
(1)
If a person acting under color of state law allegedly violates the rights of a victim
described in this chapter, Chapter 37, Victims' Rights, or Utah Constitution, Article I,
Section 28, the victim, or a representative of a victim, may file a complaint with a victim
rights committee as described in Section
63M-7-1003
75E-6-303
.
(2)
If
a person
an individual
acting under color of state law willfully or wantonly fails to
perform duties so that the rights in this chapter are not provided, an action for injunctive
relief, including prospective injunctive relief, may be brought against the individual and
the governmental entity that employs the individual.
(3)
(a)
The victim of a crime or representative of a victim of a crime may:
(i)
bring an action for declaratory relief or for a writ of mandamus defining or
enforcing the rights of victims and the obligations of government entities under
this chapter;
(ii)
petition to file an amicus brief in any court in any case affecting crime victims;
and
(iii)
after giving notice to the prosecution and the defense, seek an appropriate
remedy for a violation of a victim's right from the court assigned to the case
involving the issue.
(b)
Adverse rulings on these actions or on a motion or request brought by a victim of a
crime or a representative of a victim of a crime may be appealed under the rules
governing appellate actions, provided that an appeal may not constitute grounds for
delaying any criminal or juvenile proceeding.
(c)
An appellate court shall review all properly presented issues, including issues that are
capable of repetition but would otherwise evade review.
(4)
(a)
Upon a showing that the victim has not unduly delayed in seeking to protect the
victim's right, and after hearing from the prosecution and the defense, the court shall
determine whether a right of the victim has been violated.
(b)
If the court determines that a victim's right has been violated, the court shall:
(i)
determine the appropriate remedy for the violation of the victim's right by hearing
from the victim and the parties
and considering all factors relevant to the issue; and
(ii)
award an appropriate remedy to the victim.
(5)
(a)
The court shall:
(i)
reconsider any judicial decision or judgment affected by a violation of the victim's
right; and
(ii)
upon affording the victim the right and further hearing from the prosecution and
the defense, determine whether the decision or judgment would have been
different.
(b)
If the court's decision or judgment would have been different, the court shall enter
the new different decision or judgment as the appropriate remedy.
(c)
If necessary to protect the victim's right, the court shall enter the new decision or
judgment nunc pro tunc to the time the first decision or judgment was reached.
(d)
In no event shall the appropriate remedy be a new trial, damages, attorney fees, or
costs.
(6)
(a)
The appropriate remedy under Subsection
(4)
or (5) shall include only actions
necessary to provide the victim the right to which the victim was entitled.
(b)
The appropriate remedy under Subsection
(4)
or
(5)
may include reopening
previously held proceedings.
(7)
(a)
Subject to Subsection
(7)(c)
, the court may reopen a sentence or a previously
entered guilty or no contest plea only if reopening the sentence or plea:
(i)
would not preclude continued prosecution or sentencing the defendant; and
(ii)
would not otherwise permit the defendant to escape justice.
(b)
The court shall tailor a remedy to provide the victim with an appropriate remedy
without violating any constitutional right of the defendant.
(c)
If the court sets aside a previously entered plea of guilty or no contest, and the
continued prosecution of the charge is held to be prevented by the defendant's having
been previously put in jeopardy, the order setting aside the plea is void and the plea is
reinstated as of the date of the plea's original entry.
(d)
The court may not award as a remedy the dismissal of any criminal charge.
(e)
The court may not award any remedy if the proceeding that the victim is challenging
occurred more than 90 days before the day on which the victim filed an action
alleging the violation of the right.
(8)
The failure to provide the rights in this chapter or Chapter 37, Victims' Rights, shall not
constitute cause for a judgment against the state or any government entity, or any
individual employed by the state or any government entity, for monetary damages,
attorney fees, or the costs of exercising any rights under this chapter.
(9)
A defendant convicted of an offense may not bring an action or complaint concerning a
violation of this chapter or Chapter
37
, Victims' Rights.
Section 252. Section
77-38-302
is amended to read:
77-38-302
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Convicted person" means
a person
an individual
who has been convicted of a crime.
(2)
"Conviction" means an adjudication by a federal or state court resulting from a trial or
plea, including a plea of no contest, nolo contendere, a finding of not guilty due to
insanity, or not guilty but having a mental condition regardless of whether the sentence
was imposed or suspended.
(3)
"Fund" means the Crime Victim
Reparations
Compensation
Fund created in Section
63M-7-526
75E-5-302
.
(4)
"Memorabilia" means any tangible property of a convicted person or a representative or
assignee of a convicted person, the value of which is enhanced by the notoriety gained
from the criminal activity for which the person was convicted.
(5)
"Notoriety of crimes contract" means a contract or other agreement with a convicted
person, or a representative or assignee of a convicted person, with respect to:
(a)
the reenactment of a crime in any manner including a movie, book, magazine article,
Internet
internet
website, recording, phonograph record, radio or television
presentation, or live entertainment of any kind;
(b)
the expression of the convicted person's thoughts, feelings, opinions, or emotions
regarding a crime involving or causing personal injury, death, or property loss as a
direct result of the crime; or
(c)
the payment or exchange of any money or other consideration or the proceeds or
profits that directly or indirectly result from the notoriety of the crime.
(6)
"Office" means the
Utah
Office for Victims of Crime.
(7)
"Profit" means any income or benefit:
(a)
over and above the fair market value of tangible property that is received upon the
sale or transfer of memorabilia; or
(b)
any money, negotiable instruments, securities, or other consideration received or
contracted for gain which is traceable to a notoriety of crimes contract.
Section 253. Section
77-38-303
is amended to read:
77-38-303
Effective
07/01/26
. Profit from sale of memorabilia or notoriety of
crimes contract -- Deposit into Crime Victim Compensation Fund -- Penalty.
(1)
Any convicted person or a representative or assignee of a convicted person who receives
a profit from the sale or transfer of memorabilia shall remit to the fund:
(a)
a complete, itemized accounting of the transaction, including:
(i)
a description of each item sold;
(ii)
the amount received for each item;
(iii)
the estimated fair market value of each item; and
(iv)
the name and address of the purchaser of each item; and
(b)
a check or money order for the amount of the profit, which shall be the difference
between the amount received for the item and the estimated fair market value of the
item.
(2)
Any person who willfully violates Subsection
(1)
may be assessed a civil penalty of up
to $1,000 per item sold or transferred or three times the amount of the unremitted profit,
whichever is greater.
(3)
(a)
Any person or entity who enters into a notoriety of crime contract with a
convicted person or with a representative or assignee of a convicted person shall pay
to the fund any profit which by the terms of the contract would otherwise be owing to
the convicted person or representative or assignee of the convicted person.
(b)
A convicted person or a representative or assignee of a convicted person who has
received any profit from a notoriety of crime contract shall remit the profit to the
fund.
(c)
Any future profit which, by the terms of the contract, would otherwise be owing to
the convicted person or a representative or assignee of a convicted person shall be
paid to the fund as required under Subsection
(3)(a)
.
(4)
(a)
Upon receipt of money under Subsection
(3)
, the office shall distribute the
amounts to the victim of the crime from which the profits are derived if any
restitution remains outstanding.
(b)
If no restitution is outstanding, the money shall be deposited into the fund.
(5)
(a)
Any person or entity who willfully violates Subsection
(3)
may be assessed a civil
penalty of up to $1,000,000.00, or up to three times the total value of the original
notoriety of crime contract, whichever is greater.
(b)
Any civil penalty ordered under this Subsection shall be paid to the fund.
(6)
The prosecuting agency or the attorney general may bring an action to enforce the
provisions of this chapter in the court of conviction.
(7)
A court shall enter an order to remit funds as provided in this chapter if
it
the court
finds by a preponderance of the evidence any violation of Subsection
(1)
or
(3)
.
Section 254. Section
77-38-403
is amended to read:
77-38-403
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Advocacy services" means assistance provided that supports, supplements, intervenes,
or links a victim or a victim's family with appropriate resources and services to address
the wide range of potential impacts of being victimized.
(2)
"Advocacy services provider" means an entity that has the primary focus of providing
advocacy services in general or with specialization to a specific crime type or specific
type of victimization.
(3)
"Confidential communication" means a communication that is intended to be
confidential between a victim and a victim advocate for the purpose of obtaining
advocacy services.
(4)
"Criminal justice system victim advocate" means an individual who:
(a)
is employed or authorized to volunteer by a government agency that possesses a role
or responsibility within the criminal justice system;
(b)
has as a primary responsibility addressing the mental, physical, or emotional
recovery of victims;
(c)
completes a minimum 40 hours of trauma-informed training:
(i)
in crisis response, the effects of crime and trauma on victims, victim advocacy
services and ethics, informed consent, and this part regarding privileged
confidential communication; and
(ii)
that have been approved or provided by the
Utah
Office for Victims of Crime;
and
(d)
is under the supervision of the director or director's designee of the government
agency.
(5)
"Health care provider" means the same as that term is defined in Section
78B-3-403
.
(6)
"Mental health therapist" means the same as that term is defined in Section
58-60-102
.
(7)
"Nongovernment organization victim advocate" means an individual who:
(a)
is employed or authorized to volunteer by an nongovernment organization advocacy
services provider;
(b)
has as a primary responsibility addressing the mental, physical, or emotional
recovery of victims;
(c)
has a minimum 40 hours of trauma-informed training:
(i)
in assisting victims specific to the specialization or focus of the nongovernment
organization advocacy services provider and includes this part regarding
privileged confidential communication; and
(ii)
(A)
that have been approved or provided by the
Utah
Office for Victims of
Crime; or
(B)
that meets other minimally equivalent standards set forth by the
nongovernment organization advocacy services provider; and
(d)
is under the supervision of the director or the director's designee of the
nongovernment organization advocacy services provider.
(8)
"Record" means a book, letter, document, paper, map, plan, photograph, file, card, tape,
recording, electronic data, or other documentary material regardless of physical form or
characteristics.
(9)
"Victim" means:
(a)
a victim of a crime as defined in Section
77-38-2
;
(b)
an individual who is a victim of domestic violence as defined in Section
77-36-1
; or
(c)
an individual who is a victim of dating violence as defined in Section
78B-7-102
.
(10)
(a)
"Victim advocate" means:
(i)
a criminal justice system victim advocate;
(ii)
a nongovernment organization victim advocate; or
(iii)
an individual who is employed or authorized to volunteer by a public or private
entity and is designated by the
Utah
Office for Victims of Crime as having the
specific purpose of providing advocacy services to or for the clients of the public
or private entity.
(b)
"Victim advocate" does not include an employee of the
Utah
Office for Victims of
Crime.
Section 255. Section
77-38-405
is amended to read:
77-38-405
Effective
07/01/26
. Disclosure of a communication given to a victim
advocate.
(1)
(a)
A victim advocate may not disclose a confidential communication with a victim,
including a confidential communication in a group therapy session, except:
(i)
that a criminal justice system victim advocate shall provide the confidential
communication to a prosecutor who is responsible for determining whether the
confidential communication is exculpatory or goes to the credibility of a witness;
(ii)
that a criminal justice system victim advocate may provide the confidential
communication to a parent or guardian of a victim if the victim is a minor and the
parent or guardian is not the accused, or a law enforcement officer, health care
provider, mental health therapist, domestic violence shelter employee, an
employee of the
Utah
Office for Victims of Crime, or member of a
multidisciplinary team assembled by a Children's Justice Center or a law
enforcement agency for the purpose of providing advocacy services; or
(iii)
to the extent allowed by the Utah Rules of Evidence.
(b)
If a prosecutor determines that the confidential communication is exculpatory or
goes to the credibility of a witness, after the court notifies the victim and the defense
attorney of the opportunity to be heard at an in camera review, the prosecutor will
present the confidential communication to the victim, defense attorney, and the court
for in camera review in accordance with the Utah Rules of Evidence.
(2)
A record that contains information from a confidential communication between a victim
advocate and a victim may not be disclosed under
Title 63G, Chapter 2, Government
Records Access and Management Act
, to the extent that it includes the information
about the confidential communication.
(3)
A criminal justice system victim advocate, as soon as reasonably possible, shall notify a
victim, or a parent or guardian of the victim if the victim is a minor and the parent or
guardian is not the accused:
(a)
whether a confidential communication with the criminal justice system victim
advocate will be disclosed to a prosecutor and whether a statement relating to the
incident that forms the basis for criminal charges or goes to the credibility of a
witness will also be disclosed to the defense attorney; and
(b)
of the name, location, and contact information of one or more nongovernment
organization advocacy services providers specializing in the victim's service needs,
when a nongovernment organization advocacy services provider exists and is known
to the criminal justice system victim advocate.
Section 256. Section
77-38-502
is amended to read:
77-38-502
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Certifying entity" means any of the following:
(a)
a law enforcement agency, as defined in Section
77-7a-103
;
(b)
a prosecutor, as defined in Section
77-22-4.5
;
(c)
a court described in Section
78A-1-101
;
(d)
any other authority that has responsibility for the detection, investigation, or
prosecution of a qualifying crime or criminal activity; and
(e)
an agency that has criminal detection or investigative jurisdiction in the agency's
respective areas of expertise, including:
(i)
the Division of Child and Family Services; and
(ii)
the Labor Commission.
(2)
"Certifying official" means:
(a)
the head of the certifying entity;
(b)
a person in a supervisory role who has been specifically designated by the head of
the certifying entity to issue Form I-918 Supplement B certifications on behalf of that
agency;
(c)
a judge; or
(d)
any other certifying official defined under 8 C.F.R. Sec. 214.14.
(3)
"Commission" means the State Commission on Criminal and Juvenile Justice created
in Section
63M-7-201
.
(3)
"Department" means the Department of Criminal Justice created in Section
75E-2-102
.
(4)
(a)
"Qualifying criminal activity" means the same as that term is defined in 8 C.F.R.
Sec. 214.14.
(b)
"Qualifying criminal activity" includes criminal offenses for which the nature and
elements of the offenses are substantially similar to the criminal activity described in
Subsection
(4)(a)
, and the attempt, conspiracy, or solicitation to commit any of those
offenses.
Section 257. Section
77-38-503
is amended to read:
77-38-503
Effective
07/01/26
. Guidelines for prosecutors.
(1)
Upon the request of the victim or victim's family member, a certifying official from a
certifying entity shall certify victim helpfulness on the Form I-918 Supplement B
certification, if the certifying entity determines the victim was a victim of a qualifying
criminal activity and has been helpful, is being helpful, or is likely to be helpful to the
detection, investigation, or prosecution of that qualifying criminal activity.
(2)
A certifying entity shall determine helpfulness as described in Subsection
(1)
in a
manner consistent with federal guidelines.
(3)
A certifying entity shall process a Form I-918 Supplement B certification within 90
days of request, unless the noncitizen is in removal proceedings, in which case the
certification shall be processed within 14 days of request.
(4)
A current investigation, the filing of charges, a prosecution, or a conviction are not
required for the victim to request the Form I-918 Supplement B certification from a
certifying official.
(5)
A certifying official may withdraw a Form I-918 Supplement B certification if:
(a)
the victim refuses to provide information and assistance when reasonably requested;
or
(b)
the certifying entity determines that the individual is not a victim of a qualifying
criminal activity.
(6)
A certifying entity is prohibited from disclosing the immigration status of a victim or
person requesting the Form I-918 Supplement B certification, except to comply with
federal law, or if authorized by the victim or person requesting the Form I-918
Supplement B certification.
(7)
(a)
Each certifying entity shall maintain records of the following information related
to each request for a Form I-918 Supplement B certification:
(i)
the number of victims that requested Form I-918 Supplement B certifications from
the entity;
(ii)
the number of those Form I-918 Supplement B certifications that were signed; and
(iii)
the number of Form I-918 Supplement B certifications that were denied.
(b)
Each certifying entity shall report the information described in Subsection
(7)(a)
to
the
commission
department
before June 30, 2021, and each year thereafter.
(c)
The
commission
department
shall report the information received
pursuant to
in
accordance with
Subsection
(7)(b)
to the Judiciary Interim Committee of the
Legislature on or before November 30 of each year.
(8)
(a)
A certifying entity may not disclose personal identifying information, or
information regarding the citizenship or immigration status of any victim of criminal
activity or trafficking who is requesting a certification unless:
(i)
required to do so by applicable state or federal law or court order; or
(ii)
the certifying agency has written authorization from:
(A)
the victim; or
(B)
if the victim is a minor or is otherwise not legally competent, from the victim's
parent or guardian.
(b)
Subsection
(8)(a)
does not modify legal obligations of a prosecutor or law
enforcement to disclose information and evidence to a defendant.
Section 258. Section
77-38b-102
is amended to read:
77-38b-102
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
"Civil accounts receivable" means the same as that term is defined in Section
77-32b-102
.
(2)
"Civil judgment of restitution" means the same as that term is defined in Section
77-32b-102
.
(3)
(a)
"Conviction" means:
(i)
a plea of:
(A)
guilty;
(B)
guilty with a mental condition; or
(C)
no contest; or
(ii)
a judgment of:
(A)
guilty; or
(B)
guilty with a mental condition.
(b)
"Conviction" does not include:
(i)
a plea in abeyance until a conviction is entered for the plea in abeyance;
(ii)
a diversion agreement; or
(iii)
an adjudication of a minor for an offense under Section
80-6-701
.
(4)
"Criminal accounts receivable" means the same as that term is defined in Section
77-32b-102
.
(5)
"Criminal conduct" means:
(a)
any misdemeanor or felony offense of which the defendant is convicted; or
(b)
any other criminal behavior for which the defendant admits responsibility to the
court with or without an admission of committing the criminal behavior.
(6)
"Deceased victim" means an individual whose death is proximately caused by the
criminal conduct of the defendant.
(7)
(a)
"Defendant" means an individual who has been convicted of, or entered into a
plea disposition for, criminal conduct.
(b)
"Defendant" does not include a minor, as defined in Section
80-1-102
, who is
adjudicated, or enters into a nonjudicial adjustment, for any offense under Title 80,
Chapter 6, Juvenile Justice.
(8)
"Department" means the Department of Corrections.
(9)
(a)
"Dependent" means an individual for whom a deceased victim, or a permanently
impaired victim, had a legal obligation to provide dependent support at the time of
the criminal conduct by the defendant.
(b)
"Dependent" includes:
(i)
a child:
(A)
who is younger than 18 years old; and
(B)
for whom a deceased victim, or a permanently impaired victim, is the parent
or legal guardian;
(ii)
an unborn child who has a parent-child relationship with a deceased victim, or a
permanently impaired victim, in accordance with Title 81, Chapter 5, Uniform
Parentage Act; or
(iii)
an incapacitated individual for whom a deceased victim, or a permanently
impaired victim, is the parent or legal guardian.
(10)
"Dependent support" means the financial obligation of an individual to provide for the
routine needs of a dependent, including food, clothing, health care, safety, or shelter.
(11)
"Diversion agreement" means an agreement entered into by the prosecuting attorney
and the defendant that suspends criminal proceedings before conviction on the condition
that a defendant agree to participate in a rehabilitation program, pay restitution to the
victim, or fulfill some other condition.
(12)
"Division" means the Division of Adult Probation and Parole created in Section
64-14-202
.
(13)
"Incapacitated" or "incapacitation" means the individual is:
(a)
mentally or physically impaired to the extent that the individual is permanently
unable to gain employment and provide basic necessities, including food, clothing,
health care, safety, or shelter; and
(b)
reliant on a parent, legal guardian, or other relative or person to provide basic
necessities for the individual.
(14)
"Incapacitated individual" means an individual who is incapacitated.
(15)
"Legal guardian" means an individual appointed by a court to make decisions
regarding a child or an incapacitated individual.
(16)
"Life expectancy" means the number of months an individual is or was expected to
live considering medical records and experiential data for the individual.
(17)
"Office" means the Office of State Debt Collection created in Section
63A-3-502
.
(18)
"Payment schedule" means the same as that term is defined in Section
77-32b-102
.
(19)
(a)
"Pecuniary damages" means all demonstrable economic injury, losses, and
expenses regardless of whether the economic injury, losses, and expenses have yet
been incurred.
(b)
"Pecuniary damages" does not include punitive damages or pain and suffering
damages.
(20)
"Permanently impaired victim" means an incapacitated individual whose
incapacitation is proximately caused by the criminal conduct of the defendant.
(21)
"Plea agreement" means an agreement entered between the prosecuting attorney and
the defendant setting forth the special terms and conditions and criminal charges upon
which the defendant will enter a plea of guilty or no contest.
(22)
"Plea disposition" means an agreement entered into between the prosecuting attorney
and the defendant including a diversion agreement, a plea agreement, a plea in abeyance
agreement, or any agreement by which the defendant may enter a plea in any other
jurisdiction or where charges are dismissed without a plea.
(23)
"Plea in abeyance" means an order by a court, upon motion of the prosecuting attorney
and the defendant, accepting a plea of guilty or of no contest from the defendant but not,
at that time, entering judgment of conviction against the defendant nor imposing
sentence upon the defendant on condition that the defendant comply with specific
conditions as set forth in a plea in abeyance agreement.
(24)
"Plea in abeyance agreement" means an agreement entered into between the
prosecuting attorney and the defendant setting forth the specific terms and conditions
upon which, following acceptance of the agreement by the court, a plea may be held in
abeyance.
(25)
"Restitution" means the payment of pecuniary damages to a victim.
(26)
"Unborn child" means a human fetus or embryo in any stage of gestation from
fertilization until birth.
(27)
(a)
"Victim" means any person who has suffered pecuniary damages that are
proximately caused by the criminal conduct of the defendant.
(b)
"Victim" includes:
(i)
the
Utah
Office for Victims of Crime if the
Utah
Office for Victims of Crime
makes a payment to, or on behalf of, a victim under Section
63M-7-519
75E-5-311
;
(ii)
the estate of a deceased victim;
(iii)
a dependent; or
(iv)
a parent, spouse, intimate partner as defined in 18 U.S.C. Sec. 921, child, or
sibling of a victim.
(c)
"Victim" does not include a codefendant or accomplice.
Section 259. Section
77-38b-202
is amended to read:
77-38b-202
Effective
07/01/26
. Prosecuting attorney responsibility for
collecting restitution information -- Depositing restitution on behalf of victim.
(1)
If a prosecuting attorney files a criminal charge against a defendant, the prosecuting
attorney shall:
(a)
contact any known victim of the offense for which the criminal charge is filed, or
person asserting a claim for restitution on behalf of the victim; and
(b)
gather the following information from the victim or person:
(i)
the name of the victim or person; and
(ii)
the actual or estimated amount of restitution.
(2)
(a)
When a conviction, a diversion agreement, or a plea in abeyance is entered by the
court, the prosecuting attorney shall provide the court with the information gathered
by the prosecuting attorney under Subsection
(1)(b)
.
(b)
If, at the time of the plea disposition or conviction, the prosecuting attorney does not
have all the information under Subsection
(1)(b)
, the prosecuting attorney shall
provide the defendant with:
(i)
at the time of plea disposition or conviction, all information under Subsection
(1)(b)
that is reasonably available to the prosecuting attorney; and
(ii)
any information under Subsection
(1)(b)
as the information becomes available to
the prosecuting attorney.
(c)
Nothing in this section shall be construed to prevent a prosecuting attorney, a victim,
or a person asserting a claim for restitution on behalf of a victim from:
(i)
submitting information on, or a request for, restitution to the court within the time
periods described in Section
77-38b-205
; or
(ii)
submitting information on, or a request for, restitution for additional or
substituted victims within the time periods described in Section
77-38b-205
.
(3)
(a)
The prosecuting attorney may be authorized by the sentencing court or appropriate
public treasurer to deposit restitution collected on behalf of a victim into an
interest-bearing account in accordance with Title 51, Chapter 7, State Money
Management Act, pending the distribution of the funds to the victim.
(b)
If restitution is deposited into an interest-bearing account under Subsection
(3)(a)
,
the prosecuting attorney shall:
(i)
distribute any interest that accrues in the account to each victim on a pro rata
basis; and
(ii)
if all victims have been made whole and funds remain in the account, distribute
any remaining funds to the Division of Finance, created in Section
63A-3-101
, to
deposit to the
Utah
Office for Victims of Crime.
(c)
Nothing in this section prevents an independent judicial authority from collecting,
holding, and distributing restitution.
Section 260. Section
77-38b-205
is amended to read:
77-38b-205
Effective
07/01/26
. Order for restitution.
(1)
(a)
If a defendant is convicted, as defined in Section
76-3-201
, the court shall order a
defendant, as part of the sentence imposed under Section
76-3-201
, to pay restitution
to all victims:
(i)
in accordance with the terms of any plea agreement in the case; or
(ii)
for the entire amount of pecuniary damages that are proximately caused to each
victim by the criminal conduct of the defendant.
(b)
If a court enters a plea in abeyance or a diversion agreement for a defendant that
includes an agreement to pay restitution, the court shall order the defendant to pay
restitution to all victims:
(i)
in accordance with the terms of the plea in abeyance or the diversion agreement; or
(ii)
if the terms of the plea in abeyance include an agreement between the parties that
restitution will be determined by the court as described in Section
77-2a-3
, for the
entire amount of pecuniary damages that are proximately caused to each victim by
the criminal conduct of the defendant.
(2)
(a)
Except as provided in Subsection
(2)(b)
, in determining the amount of pecuniary
damages under Subsection
(1)(a)(ii)
or
(b)(ii)
, the court shall consider all relevant
facts to establish an amount that fully compensates a victim for all pecuniary
damages proximately caused by the criminal conduct of the defendant.
(b)
If the court determines that the defendant owes pecuniary damages to a dependent
for dependent support, the court shall establish the amount of dependent support
owed to the dependent as described in Section
77-38b-206
.
(c)
Subsection
(2)(b)
does not prohibit the court from also ordering restitution for a
victim under Subsection
(2)(a)
that is not dependent support.
(3)
The court shall enter the determination of the amount of restitution under Subsection
(1)(a)(ii)
or
(b)(ii)
as a finding on the record.
(4)
Upon an order for a defendant to pay restitution under Subsection
(1)
, the court shall:
(a)
enter an order to establish a criminal accounts receivable as described in Section
77-32b-103
; and
(b)
establish a payment schedule for the criminal accounts receivable as described in
Section
77-32b-103
.
(5)
If the defendant objects to a request for restitution, the court shall allow the defendant to
have a hearing on the issue, unless the issue is addressed at the sentencing hearing for
the defendant.
(6)
If a court does not enter an order for restitution at sentencing, the court shall schedule a
hearing to enter an order for restitution, unless:
(a)
the court finds as a matter of law that there is no victim in the case; or
(b)
the prosecuting attorney certifies to the court, on the record, that:
(i)
the prosecuting attorney has consulted with all victims, including the
Utah
Office for Victims of Crime; and
(ii)
all victims, including the
Utah
Office for Victims of Crime, are not seeking
restitution.
(7)
(a)
A court shall enter an order for restitution in a defendant's case no later than the
earlier of:
(i)
the termination of the defendant's sentence, including early termination of the
defendant's sentence; or
(ii)
(A)
if the defendant is convicted and imprisoned for a first degree felony,
within seven years after the day on which the court sentences the defendant for
the first degree felony conviction; or
(B)
except as provided in Subsection
(7)(a)(ii)(A)
, and if the defendant is
convicted of a felony, within three years after the day on which the court
sentences the defendant for the felony conviction.
(b)
A request for restitution that is made within the time period described in Subsection
(7)(a)
tolls the time for which the court
must
shall
enter an order for restitution
under Subsection
(7)(a)
but does not extend the term of the defendant's probation or
period of incarceration.
(8)
(a)
If a court does not order restitution at sentencing or at a hearing described in
Subsection
(6)
, the prosecuting attorney or the victim may file a motion for
restitution within the time periods described in Subsection
(7)
.
(b)
If the defendant receives notice and does not object to a motion for restitution, the
court may order restitution without a hearing.
(c)
If the defendant receives notice and objects to a motion for restitution, the court may
schedule a hearing to determine whether restitution should be ordered if the
prosecuting attorney or victim shows good cause.
(9)
Upon a motion from the prosecuting attorney or the victim within the time periods
described in Subsection
(7)
, the court may modify an existing order of restitution,
including the amount of pecuniary damages owed by the defendant in the order for
restitution, if the prosecuting attorney or the victim shows good cause for modifying the
order.
Section 261. Section
77-38b-304
is amended to read:
77-38b-304
Effective
07/01/26
. 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, 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)
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 262. Section
77-40a-101
is amended to read:
77-40a-101
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
"Agency" means a state, county, or local government entity that generates or maintains
records relating to an investigation, arrest, detention, or conviction for an offense for
which expungement may be ordered.
(2)
"Automatic expungement" means the expungement of records of an investigation,
arrest, detention, or conviction of an offense without the filing of a petition.
(3)
"Bureau" means the Bureau of Criminal Identification of the Department of Public
Safety established in Section
53-10-201
.
(4)
"Certificate of eligibility" means a document issued by the bureau stating that the
criminal record and all records of arrest, investigation, and detention associated with a
case that is the subject of a petition for expungement is eligible for expungement.
(5)
"Civil accounts receivable" means the same as that term is defined in Section
77-32b-102
.
(6)
"Civil judgment of restitution" means the same as that term is defined in Section
77-32b-102
.
(7)
"Civil protective order" means the same as that term is defined in Section
78B-7-102
.
(8)
"Clean slate eligible case" means a case that is eligible for automatic expungement
under Section
77-40a-205
.
(9)
"Conviction" means judgment by a criminal court on a verdict or finding of guilty after
trial, a plea of guilty, or a plea of nolo contendere.
(10)
"Court" means a district court or a justice court.
(11)
"Criminal accounts receivable" means the same as that term is defined in Section
77-32b-102
.
(12)
"Criminal protective order" means the same as that term is defined in Section
78B-7-102
.
(13)
"Criminal stalking injunction" means the same as that term is defined in Section
78B-7-102
.
(14)
"Department" means the Department of Public Safety established in Section
53-1-103
.
(15)
"Drug possession offense" means:
(a)
an offense described in Subsection
58-37-8(2)
, except for:
(i)
an offense under Subsection
58-37-8(2)(b)(i)
, possession of 100 pounds or more
of marijuana;
(ii)
an offense enhanced under Subsection
58-37-8(2)(e)
, violation in a correctional
facility; or
(iii)
an offense for driving with a controlled substance illegally in the
person's
individual's
body and negligently causing serious bodily injury or death of
another, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section
1, Subsection
58-37-8(2)(g)
;
(b)
an offense described in Subsection
58-37a-5(1)
, use or possession of drug
paraphernalia;
(c)
an offense described in Section
58-37b-6
, possession or use of an imitation
controlled substance; or
(d)
any local ordinance which is substantially similar to any of the offenses described in
this Subsection
(15)
.
(16)
(a)
"Expunge" means to remove a record from public inspection by:
(i)
sealing the record; or
(ii)
restricting or denying access to the record.
(b)
"Expunge" does not include the destruction of a record.
(17)
"Indigent" means a financial status that results from a court finding that a petitioner is
financially unable to pay the fee to file a petition for expungement under Section
78A-2-302
.
(18)
"Jurisdiction" means a state, district, province, political subdivision, territory, or
possession of the United States or any foreign country.
(19)
(a)
"Minor regulatory offense" means a class B or C misdemeanor offense or a local
ordinance.
(b)
"Minor regulatory offense" includes an offense under Section
76-9-110
or
76-9-1106
.
(c)
"Minor regulatory offense" does not include:
(i)
any drug possession offense;
(ii)
an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
Reckless Driving;
(iii)
an offense under Sections
73-18-13
through
73-18-13.6
;
(iv)
except as provided in Subsection
(19)(b)
, an offense under
Title 76, Utah
Criminal Code
Title 76, Criminal Offenses
; or
(v)
any local ordinance that is substantially similar to an offense listed in Subsections
(19)(c)(i)
through
(iv)
.
(20)
"Petitioner" means an individual applying for expungement under this chapter.
(21)
"Plea in abeyance" means the same as that term is defined in Section
77-2a-1
.
(22)
"Record" means a book, letter, document, paper, map, plan, photograph, film, card,
tape, recording, electronic data, or other documentary material, regardless of physical
form or characteristics, that:
(a)
is contained in the agency's file regarding the arrest, detention, investigation,
conviction, sentence, incarceration, probation, or parole of an individual; and
(b)
is prepared, owned, received, or retained by an agency, including a court.
(23)
"Special certificate" means a document issued as described in Subsection
77-40a-304(1)(c)
by the bureau stating that the criminal record and all records of arrest,
investigation, and detention associated with the case do not clearly demonstrate whether
the case is eligible for expungement.
(24)
(a)
"Traffic offense" means:
(i)
an infraction or a class C misdemeanor offense under Title 41, Chapter 1a, Motor
Vehicle Act;
(ii)
an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
under Title 41, Chapter 6a, Traffic Code;
(iii)
an infraction or a class C misdemeanor offense under Title 41, Chapter 12a,
Financial Responsibility of Motor Vehicle Owners and Operators Act;
(iv)
an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
under Title 53, Chapter 3, Part 2, Driver Licensing Act;
(v)
an infraction, a class B misdemeanor offense, or a class C misdemeanor offense
under Title 73, Chapter 18, State Boating Act; and
(vi)
all local ordinances that are substantially similar to an offense listed in
Subsections
(24)(a)(i)
through
(iii)
.
(b)
"Traffic offense" does not include:
(i)
an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and
Reckless Driving;
(ii)
an offense under Section
41-12a-302
for operating a motor vehicle without
owner's or operator's security;
(iii)
an offense under Section
41-12a-303.3
for providing false evidence of owner's or
operator's security;
(iv)
an offense under Sections
73-18-13
through
73-18-13.6
; or
(v)
any local ordinance that is substantially similar to an offense listed in Subsection
(24)(b)(i)
or
(ii)
.
(25)
"Traffic offense case" means that each offense in the case is a traffic offense.
Section 263. Section
77-40a-403
is amended to read:
77-40a-403
Effective
07/01/26
. Release and use of expunged records -- Agencies.
(1)
(a)
An agency with an expunged record, or any employee of an agency with an
expunged record, may not knowingly or intentionally divulge any information
contained in the expunged record to any person, or another agency, without a court
order unless:
(i)
specifically authorized by Subsection
(4)
or Section
77-40a-404
; or
(ii)
subject to Subsection
(1)(b)
, the information in an expunged record is being
shared with another agency through a records management system that both
agencies use for the purpose of record management.
(b)
An agency with a records management system may not disclose any information in
an expunged record to another agency or person, or allow another agency or person
access to an expunged record, if that agency or person does not use the records
management system for the purpose of record management.
(2)
The following entities or agencies may receive information contained in expunged
records upon specific request:
(a)
the Board of Pardons and Parole;
(b)
Peace Officer Standards and Training;
(c)
federal authorities if required by federal law;
(d)
the State Board of Education;
(e)
the
Commission on Criminal and Juvenile Justice
Department of Criminal Justice
,
for purposes of investigating applicants for judicial office; and
(f)
a research institution or an agency engaged in research regarding the criminal justice
system if:
(i)
the research institution or agency provides a legitimate research purpose for
gathering information from the expunged records;
(ii)
the research institution or agency enters into a data sharing agreement with the
court or agency with custody of the expunged records that protects the
confidentiality of any identifying information in the expunged records;
(iii)
any research using expunged records does not include any individual's name or
identifying information in any product of that research; and
(iv)
any product resulting from research using expunged records includes a disclosure
that expunged records were used for research purposes.
(3)
Except as otherwise provided by this section or by court order, a person, an agency, or
an entity authorized by this section to view expunged records may not reveal or release
any information obtained from the expunged records to anyone outside the specific
request, including distribution on a public website.
(4)
A prosecuting attorney may communicate with another prosecuting attorney, or another
prosecutorial agency, regarding information in an expunged record that includes a
conviction, or a charge dismissed as a result of a successful completion of a plea in
abeyance agreement, for:
(a)
stalking as described in Section
76-5-106.5
;
(b)
a domestic violence offense as defined in Section
77-36-1
;
(c)
an offense that would result in the individual being a child abuse offender, a sex
offender, or a kidnap offender under Section
53-29-202
; or
(d)
a weapons offense under Title 76, Chapter 11, Weapons.
(5)
Except as provided in Subsection
(7)
, a prosecuting attorney may not use an expunged
record for the purpose of a sentencing enhancement or as a basis for charging an
individual with an offense that requires a prior conviction.
(6)
The bureau may also use the information in the bureau's index as
provided
described
in
Section
53-5a-303
.
(7)
If an individual is charged with a felony, or an offense eligible for enhancement based
on a prior conviction, after obtaining an order of expungement, the prosecuting attorney
may petition the court in which the individual is charged to open the expunged records
upon a showing of good cause.
(8)
(a)
For judicial sentencing, a court may order any records expunged under this
chapter or Section
77-27-5.1
to be opened and admitted into evidence.
(b)
The records are confidential and are available for inspection only by the court,
parties, counsel for the parties, and any other person who is authorized by the court to
inspect
them
the records
.
(c)
At the end of the action or proceeding, the court shall order the records expunged
again.
(d)
Any person authorized by this Subsection
(8)
to view expunged records may not
reveal or release any information obtained from the expunged records to anyone
outside the court.
(9)
Records released under this chapter are classified as protected under Section
63G-2-305
and are accessible only as provided under Title 63G, Chapter 2, Part 2, Access to
Records, and Subsection
53-10-108(2)(k)
for records held by the bureau.
Section 264. Section
78A-2-109.5
is amended to read:
78A-2-109.5
Effective
07/01/26
. Court data collection and reporting.
(1)
As used in this section,
"commission"
"department"
means the
Commission on
Criminal and Juvenile Justice
Department of Criminal Justice
created in Section
63M-7-201
75E-2-102
.
(2)
The Administrative Office of the Courts shall submit the following information to the
commission
department
for each criminal case filed with the court:
(a)
case number;
(b)
the defendant's:
(i)
full name;
(ii)
offense tracking number; and
(iii)
date of birth;
(c)
charges filed;
(d)
if applicable, all enhancements to the charges against the defendant;
(e)
initial appearance date;
(f)
bail amount set by the court, if any;
(g)
whether the defendant was represented by a public defender, private counsel, or pro
se;
(h)
whether the defendant has previously been convicted of an offense;
(i)
final disposition of the charges; and
(j)
if the defendant is convicted, the defendant's total score for any pretrial risk
assessment used by a magistrate or judge in making a determination about pretrial
release as described in Section
77-20-205
.
(3)
(a)
The Administrative Office of the Courts shall submit the information described in
Subsection
(2)
to the
commission
department
on the 15th day of July and January of
each year for the previous six-month period ending the last day of June and
December of each year in the form and manner selected by the
commission
department
.
(b)
If the last day of the month is a Saturday, Sunday, or state holiday, the
Administrative Office of the Courts shall submit the information described in
Subsection
(2)
to the
commission
department
on the next working day.
(4)
Before July 1 of each year, the Administrative Office of the Courts shall submit the
following data on cases involving individuals charged with class A misdemeanors and
felonies, broken down by judicial district, to the
commission
department
for each
preceding calendar year:
(a)
the number of cases in which a preliminary hearing is set and placed on the court
calendar;
(b)
the median and range of the number of times that a preliminary hearing is continued
in cases in which a preliminary hearing is set and placed on the court calendar;
(c)
the number of cases, and the average time to disposition for those cases, in which
only written statements from witnesses are submitted as probable cause at the
preliminary hearing;
(d)
the number of cases, and the average time to disposition for those cases, in which
written statements and witness testimony are submitted as probable cause at the
preliminary hearing;
(e)
the number of cases, and the average time to disposition for those cases, in which
only witness testimony is submitted as probable cause at the preliminary hearing; and
(f)
the number of cases in which a preliminary hearing is held and the defendant is
bound over for trial.
(5)
The
commission
department
shall include the data collected under Subsection
(4)
in
the
commission's
department's
annual report described in Section
63M-7-205
75E-2-204
.
(6)
No later than November 1, 2027, the Administrative Office of the Courts shall provide
the Law Enforcement and Criminal Justice Interim Committee with a written report on,
for each fiscal year that begins on and after July 1, 2024:
(a)
the total number of offenses, including the level of each offense, for which an
enhancement was sought under Section
76-3-203.17
;
(b)
the total number of offenses, including the level of each offense, that were enhanced
under Section
76-3-203.17
; and
(c)
the total amount of fines that were imposed under Section
76-3-203.17
.
Section 265. Section
78A-6-102
is amended to read:
78A-6-102
Effective
07/01/26
. Establishment of juvenile court -- Organization
and status of court -- Purpose.
(1)
There is established a juvenile court for the state.
(2)
(a)
The juvenile court is a court of record.
(b)
The juvenile court shall have a seal.
(c)
The juvenile court's judges, clerks, and referees have the power to administer oaths
and affirmations.
(d)
The juvenile court has the authority to issue search warrants, subpoenas, or
investigative subpoenas under Section
80-2a-202
,
Part 4a, Adult Criminal
Proceedings
,
Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings
,
Title
80, Chapter 4, Termination and Restoration of Parental Rights
, and
Title 80, Chapter
6, Juvenile Justice
, for the same purposes and in the same manner as described in
Title 77, Utah Code of Criminal Procedure
Title 77, Criminal Procedure
, and the
Utah Rules of Criminal Procedure, for the issuance of search warrants, subpoenas, or
investigative subpoenas in other trial courts in the state.
(3)
The juvenile court is of equal status with the district courts of the state.
(4)
The juvenile court is established as a forum for the resolution of all matters properly
brought before the juvenile court, consistent with applicable constitutional and statutory
requirements of due process.
(5)
The purpose of the court under this chapter is to:
(a)
promote public safety and individual accountability by the imposition of appropriate
sanctions on
persons
individuals
who have committed acts in violation of law;
(b)
order appropriate measures to promote guidance and control, preferably in the
minor's own home, as an aid in the prevention of future unlawful conduct and the
development of responsible citizenship;
(c)
where appropriate, order rehabilitation, reeducation, and treatment for
persons
individuals
who have committed acts bringing them within the court's jurisdiction;
(d)
adjudicate matters that relate to minors who are beyond parental or adult control and
to establish appropriate authority over these minors by means of placement and
control orders;
(e)
adjudicate matters that relate to abused, neglected, and dependent children and to
provide care and protection for minors by placement, protection, and custody orders;
(f)
remove a minor from parental custody only where the minor's safety or welfare, or
the public safety, may not otherwise be adequately safeguarded; and
(g)
consistent with the ends of justice, act in the best interests of the minor in all cases
and preserve and strengthen family ties.
Section 266. Section
78A-10a-304
is amended to read:
78A-10a-304
Effective
07/01/26
. Procedure -- Staff.
(1)
Four commissioners are a quorum.
(2)
The
governor shall appoint a member of the governor's staff to serve as staff to
Department of Criminal Justice created in Section
75E-2-102
shall administer and staff
the commission.
(3)
The
governor
commissioner of the Department of Criminal Justice
shall:
(a)
ensure that the commission follows the rules
promulgated
made
by the
State
Commission on Criminal and Juvenile Justice
Department of Criminal Justice
under
Section
78A-10a-201
75E-2-209
; and
(b)
resolve any questions regarding the rules described in Subsection
(3)(a)
.
(4)
A commissioner who is a licensed attorney may recuse oneself if there is a conflict of
interest that makes the commissioner unable to serve.
Section 267. Section
78A-10a-404
is amended to read:
78A-10a-404
Effective
07/01/26
. Procedure -- Staff.
(1)
Four commissioners are a quorum.
(2)
The
governor shall appoint a member of the governor's staff to serve as staff for each
Department of Criminal Justice created in Section
75E-2-102
shall administer and staff
each
commission.
(3)
The
governor
commissioner of the Department of Criminal Justice
shall:
(a)
ensure that each commission follows the rules
promulgated
made
by the
State
Commission on Criminal and Juvenile Justice
Department of Criminal Justice
under
Section
78A-10a-201
75E-2-209
; and
(b)
resolve any questions regarding the rules.
(4)
A commissioner who is a licensed attorney may recuse oneself if there is a conflict of
interest that makes the commissioner unable to serve.
Section 268. Section
78A-10a-504
is amended to read:
78A-10a-504
Effective
07/01/26
. Procedure -- Staff -- Rules -- Recusal.
(1)
Four commissioners are a quorum.
(2)
The
governor shall appoint a member of the governor's staff to serve as staff to
Department of Criminal Justice created in Section
75E-2-102
shall administer and staff
the commission.
(3)
The
governor
commissioner of the Department of Criminal Justice
shall:
(a)
ensure that the commission follows the rules
promulgated
made
by the
State
Commission on Criminal and Juvenile Justice
Department of Criminal Justice
under
Section
78A-10a-201
75E-2-209
; and
(b)
resolve any questions regarding the rules described in Subsection
(3)(a)
.
(4)
A commissioner who is a licensed attorney may recuse oneself if there is a conflict of
interest that makes the commissioner unable to serve.
Section 269. Section
78A-12-201
is amended to read:
78A-12-201
Effective
07/01/26
. Judicial Performance Evaluation Commission
-- Creation -- Membership.
(1)
There is created an independent commission called the Judicial Performance Evaluation
Commission consisting of 13 members, as follows:
(a)
two members appointed by the president of the Senate, only one of whom may be a
member of the Utah State Bar;
(b)
two members appointed by the speaker of the House of Representatives, only one of
whom may be a member of the Utah State Bar;
(c)
four members appointed by the members of the Supreme Court, at least one of
whom, but not more than two of whom, may be a member of the Utah State Bar;
(d)
four members appointed by the governor, at least one of whom, but not more than
two of whom, may be a member of the Utah State Bar; and
(e)
the
executive director of the Commission on Criminal and Juvenile Justice
commissioner of the Department of Criminal Justice
.
(2)
(a)
The president of the Senate and the speaker of the House of Representatives shall
confer when appointing members under Subsections
(1)(a)
and
(b)
to ensure that
there is at least one member from among their four appointees who is a member of
the Utah State Bar.
(b)
A sitting legislator or a sitting judge may not serve as a commission member.
(3)
(a)
A member appointed under Subsection
(1)
shall be appointed for a four-year term.
(b)
A member may serve no more than three consecutive terms.
(4)
At the time of appointment, the terms of commission members shall be staggered so that
approximately half of commission members' terms expire every two years.
(5)
When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term by the same appointing authority that appointed the
member creating the vacancy.
(6)
(a)
Eight members of the commission constitute a quorum.
(b)
The action of a majority of the quorum constitutes the action of the commission,
except that the commission may not make a determination that a judge meets or
exceeds minimum performance standards, or that a judge does not meet or exceed
minimum performance standards, by a vote of less than six members.
(c)
If, because of absences, the commission is unable to make a determination described
in Subsection
(6)(b)
by at least six votes, the commission may meet a second time to
make a determination.
(d)
If a vote on the question of whether a judge meets or exceeds minimum performance
standards or does not meet or exceed minimum performance standards ends in a tie
or does not pass by at least six votes, the record shall reflect that the commission
made no determination in relation to that judge.
Section 270. Section
78A-12-202
is amended to read:
78A-12-202
Effective
07/01/26
. Salary and expenses -- Staff.
(1)
A member may not receive compensation or benefits for the member's service, but may
receive per diem and travel expenses in accordance with:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance
pursuant to
in accordance with
Sections
63A-3-106
and
63A-3-107
.
(2)
The commission shall elect a chair from among
its
the commission's
members.
(3)
The commission shall employ an executive director and may employ additional staff as
necessary within budgetary constraints.
(4)
The commission shall be located in the
Commission on Criminal and Juvenile Justice
Department of Criminal Justice
.
Section 271. Section
78B-3-1003
is amended to read:
78B-3-1003
Effective
07/01/26
. Liability of a parent or guardian for repeated
offenses by a minor on school grounds.
(1)
Except as provided in Subsection
(6)
, if a person suffers damages from a minor
committing the same offense repeatedly on school grounds for an offense in
Title 76,
Utah Criminal Code
Title 76, Criminal Offenses
, or Title 80, Utah Juvenile Code, the
person may bring a cause of action against a parent or guardian with legal custody of the
minor to recover costs and damages caused by the repeated offense.
(2)
The parent or guardian is not liable for costs or damages under Subsection
(1)
if the
parent or guardian made a reasonable effort to supervise and direct the minor.
(3)
If a parent or guardian is found liable under this section, the court may waive part or all
of the parent's or guardian's liability for costs or damages if the court finds:
(a)
good cause; or
(b)
that the parent or guardian reported the minor's wrongful conduct to law enforcement
after the parent or guardian knew of the minor's wrongful conduct.
(4)
A report is not required under Subsection
(3)(b)(ii)
(3)(b)
from a parent or guardian if
the minor was arrested or apprehended by law enforcement.
(5)
An adjudication or a conviction of a minor for a repeated offense under
Title 76, Utah
Criminal Code
Title 76, Criminal Offenses
, or Title 80, Utah Juvenile Code, is not
required for a civil action to be brought under this section.
(6)
A person may not bring a cause of action against the state, an agency of the state, or a
contracted provider of an agency of the state, under this section.
Section 272. Section
78B-6-2105
is amended to read:
78B-6-2105
Effective
07/01/26
. Civil action for enforcement -- Penalties.
(1)
A person who distributes or otherwise provides pornographic material to consumers
may not distribute any obscene material or performance as defined in Section
76-5c-101
without first giving a clear and reasonable warning of the harmful impact of exposing
minors to the material or performance.
(2)
The warning of the harm shall be prominently displayed in the following form:
STATE OF UTAH WARNING
Exposing minors to obscene material may damage or negatively impact minors.
(3)
(a)
For print publications created after May 12, 2020, the warning in Subsection
(2)
shall be placed in clear, readable type on the cover of each publication which
includes material as defined in Section
76-5c-101
.
(b)
For digital publications:
(i)
the warning in Subsection
(2)
shall be displayed in searchable text format and for
at least five seconds
prior to
before
the display of any video or each image which
includes material as defined in Section
76-5c-101
; or
(ii)
if the website complies with Subsection
78B-6-2103(3)
, it is not required to
display the warning in Subsection
(2)
prior to
before
each video or image
contained on the website.
(4)
A person who violates this section shall be liable for a civil penalty not to exceed
$2,500 per violation, plus filing fees and attorney fees, in addition to any other penalty
established by law, and enjoined from further violations.
(5)
The civil penalty may be assessed and recovered in a civil action brought in any court of
competent jurisdiction.
(6)
Each of the following violations shall create a separate liability per violation:
(a)
the sale or display of potentially harmful content without the warning required in
Subsection
(2)
, in accordance with Subsection
(3)
; or
(b)
the absence of the following searchable text within the website's metadata -
utahobscenitywarning.
(7)
(a)
The determination by a court as to whether a person is distributing material the
state considers to be obscene material or performance as defined in Section
78B-6-1203
76-5c-101
shall be proven by clear and convincing evidence.
(b)
All other elements of proof shall be proven by a preponderance of the evidence.
(8)
The court, in ordering payment, shall specify each amount for the civil penalty, filing
fees, and attorney fees.
(9)
In assessing the amount of a civil penalty for a violation of this chapter, the court shall
consider all of the following:
(a)
the nature and extent of the violation;
(b)
the number and severity of the violations;
(c)
the economic effect of the penalty on the violator;
(d)
whether the violator took good faith measures to comply with this chapter and when
those measures were taken;
(e)
the willfulness of the violator's misconduct;
(f)
the deterrent effect that the imposition of the penalty would have on both the violator
and the regulated community as a whole; and
(g)
any other factor that the court determines justice requires.
(10)
Actions
pursuant to
described in
this section may be brought by the attorney general's
office in the name of the people of the state or by a private person in accordance with
Subsection
(11)
.
(11)
A private person may bring an action in the public interest
pursuant to
in accordance
with
this section if:
(a)
the person has served notice of an alleged violation of Section
78B-6-2103
on the
alleged violator and the attorney general's office;
(b)
the attorney general's office has not provided a letter to the noticing party within 60
days of receipt of the notice of an alleged violation indicating that:
(i)
an action is currently being pursued or will be pursued by the attorney general's
office regarding the violation; or
(ii)
the attorney general believes that there is no merit to the action; and
(c)
the alleged violator has not responded to the notice of alleged violation or returned
the proof of compliance form provided in Subsection
(17)
.
(12)
If a lawsuit is commenced, the plaintiff may include additional violations in the claim
that are discovered through the discovery process.
(13)
(a)
Notice of the alleged violation shall be executed by the attorney for the noticing
party, or by the noticing party, if the noticing party is not represented by an attorney,
and include a notice of alleged violation.
(b)
The notice of alleged violation shall:
(a)
(i)
state that the person executing the notice believes that there is a violation; and
(b)
(ii)
provide factual information sufficient to establish the basis for the alleged
violation.
(14)
(a)
A person who serves a notice of alleged violation
identified
described
in
Subsection
(13)
shall complete and provide to the alleged violator at the time the
notice of alleged violation is served, a notice of special compliance procedure and
proof of compliance form
pursuant to
described in
Subsection
(17)
.
(b)
The person may file an action against the alleged violator, or recover from the
alleged violator if:
(a)
(i)
the notice of alleged violation alleges that the alleged violator failed to
provide a clear and reasonable warning as required under Subsection
(1)
; and
(b)
(ii)
within 14 days after receipt of the notice of alleged violation, the alleged
violator has not:
(i)
(A)
corrected the alleged violation and all similar violations known to the
alleged violator;
(ii)
(B)
agreed to pay a penalty for the alleged violation in the amount of $500
per violation; and
(iii)
(C)
notified, in writing, the noticing party that the violation has been
corrected.
(15)
(a)
The written notice required in Subsection
(14)(b)(iii)
(14)(b)(ii)(C)
shall be the
notice of special compliance procedure and proof of compliance form specified in
Subsection
(17)
.
(b)
The alleged violator shall deliver the civil penalty to the noticing party within 30
days of receipt of the notice of alleged violation.
(16)
(a)
The attorney general shall review the notice of alleged violation and may confer
with the noticing party.
(b)
If the attorney general believes there is no merit to the action, the attorney general
shall, within 45 days of receipt of the notice of alleged violation, provide a letter to
the noticing party and the alleged violator stating that the attorney general believes
there is no merit to the action.
(17)
The notice required to be provided to an alleged violator
pursuant to
in accordance with
Subsection
(14)
shall be presented as follows:
Date:
Name of Noticing Party or attorney for Noticing Party:
Address:
Phone number:
SPECIAL COMPLIANCE PROCEDURE
PROOF OF COMPLIANCE
You are receiving this form because the Noticing Party listed above has alleged that you
are in violation of Utah Code Section
78B-6-2103
.
The Noticing Party may bring legal proceedings against you for the alleged violation
checked below if:
(1) you have not actually taken the corrective steps that you have certified in this form;
(2) the Noticing Party has not received this form at the address shown above, accurately
completed by you, postmarked within 14 days of your receiving this notice; and
(3) the Noticing Party does not receive the required $500 penalty payment for each
violation alleged from you at the address shown above postmarked within 30 days of your
receiving this notice.
PART 1: TO BE COMPLETED BY THE NOTICING PARTY OR ATTORNEY FOR
THE NOTICING PARTY
This notice of alleged violation is for failure to warn against an exposure to minors of
materials considered harmful to minors. (provide complete description of violation, including
when and where observed)
Date:
Name of Noticing Party or attorney for Noticing Party:
Address:
Phone number:
PART 2: TO BE COMPLETED BY THE ALLEGED VIOLATOR OR AUTHORIZED
REPRESENTATIVE
Certification of Compliance
Accurate completion of this form will demonstrate that you are now in compliance with
Utah Code Section
78B-6-2103
, for the alleged violation listed above. You must complete and
submit the form below to the Noticing Party at the address shown above, postmarked within 14
days of you receiving this notice.
I hereby agree to pay, within 30 days of receipt of this notice, a penalty of $500 for each
violation alleged to the Noticing Party only and certify that I have complied with by (check
only one of the following):
[ ] Posting a warning or warnings, and attaching a copy of that warning and a
photograph accurately showing its placement on the print or digital publication.
[ ] Eliminating the alleged exposure, and attaching a statement accurately describing
how the alleged exposure has been eliminated.
CERTIFICATION
My statements on this form, and on any attachments to it, are true, complete, and correct
to the best of my knowledge and belief and are made in good faith. I have carefully read the
instructions to complete this form. I understand that if I make a false statement on this form, I
may be subject to additional penalties under Utah Code Sections
76-5c-205
and
76-5c-206
.
Signature of alleged violator or authorized representative:
Date:
Name and title of signatory:
(18)
An alleged violator may satisfy the conditions set forth in Subsection
(17)
only one
time for a specific violation.
(19)
Notwithstanding Subsection
(17)
, the attorney general may file an action
pursuant to
in accordance with
Subsection
(10)
against an alleged violator. In any action, the amount
of any civil penalty for a violation shall be reduced to reflect any payment made by the
alleged violator to a private person in accordance with Subsection
(17)
for the same
alleged violation.
(20)
Payments shall be made in accordance with this section.
(a)
A civil penalty ordered by the court shall be paid to the plaintiff as directed by the
court.
(b)
A penalty paid in accordance with the special compliance procedure in Subsection
(17)
shall be made directly to the noticing party.
(21)
(a)
The
Utah
Office for Victims of Crime shall receive 50% of any penalty paid in
accordance with this section.
(b)
Funds received shall be deposited into the Crime Victim
Reparations
Compensation
Fund created in Section
63M-7-526
75E-5-302
.
(c)
The penalty amount upon which the 50% is calculated may not include attorney fees
or costs awarded by the court.
(a)
(d)
If the penalty is paid to a noticing party in accordance with Subsection
(17)
, the
noticing party shall remit the required amount along with a copy of the Special
Compliance Procedure document.
(b)
(e)
If a civil penalty is ordered by the court, the plaintiff shall remit the required
amount along with a copy of the court order.
(22)
The attorney general's office shall provide to the
Utah
Office for Victims of Crime a
copy of all notices of alleged violations to which the attorney general's office did not
respond with a letter of no merit in accordance with Subsection
(16)
.
(23)
The court shall provide to the
Utah
Office for Victims of Crime a copy of the court's
order for payment.
(24)
The
Utah
Office for Victims of Crime shall:
(a)
maintain a record of documents and payments submitted
pursuant to
in accordance
with
Subsections
(21)
, (22), and (23);
and
(b)
create and provide to the Legislature in odd-numbered years beginning November
2021, a report containing the following for the previous two years:
(i)
the number of notices of alleged violations received from the attorney general's
office;
(ii)
the number of court orders received; and
(iii)
the total amount received and deposited into the Crime Victim
Reparations
Compensation
Fund.
(25)
This section does not apply to:
(a)
a person portrayed in obscene or pornographic material that is created, duplicated, or
distributed without the person's knowledge or consent; or
(b)
a person who is coerced or blackmailed into distributing obscene or pornographic
material.
(26)
(a)
Beginning May 1, 2025, and at each five-year interval, the dollar amount of the
civil penalty provided in Subsection
(4)
shall be adjusted by the Judicial Council
based on the change in the annual Consumer Price Index for the most recent five-year
period ending on December 31 of the previous year, and rounded to the nearest five
dollars.
(b)
The attorney general shall publish the dollar amount of the civil penalty together
with the date of the next scheduled adjustment.
Section 273. Section
78B-8-201
is amended to read:
78B-8-201
Effective
07/01/26
. Basis for punitive damages awards -- Section
inapplicable to DUI cases or providing illegal controlled substances -- Division of award
with state -- Deposit of state judgment payments.
(1)
(a)
Except as otherwise provided by statute, punitive damages may be awarded only
if compensatory or general damages are awarded and it is established by clear and
convincing evidence that the acts or omissions of the tortfeasor are the result of
willful and malicious or intentionally fraudulent conduct, or conduct that manifests a
knowing and reckless indifference toward, and a disregard of, the rights of others.
(b)
The limitations, standards of evidence, and standards of conduct of Subsection
(1)(a)
do not apply to any claim for punitive damages arising out of the tortfeasor's:
(i)
operation of a motor vehicle or motorboat while voluntarily intoxicated or under
the influence of any drug or combination of alcohol and drugs as prohibited by
Section
41-6a-502
;
(ii)
causing death of another person by providing or administering an illegal
controlled substance to the person under Section
78B-3-801
; or
(iii)
providing an illegal controlled substance to any person in the chain of transfer
that connects directly to a person who subsequently provided or administered the
substance to a person whose death was caused in whole or in part by the substance.
(c)
The award of a penalty under Section
78B-3-108
regarding shoplifting is not subject
to the prior award of compensatory or general damages under Subsection
(1)(a)
whether
or not
restitution has been paid to the merchant
prior to
before
or as a part
of a civil action under Section
78B-3-108
.
(2)
Evidence of a party's wealth or financial condition shall be admissible only after a
finding of liability for punitive damages has been made.
(a)
Discovery concerning a party's wealth or financial condition may only be allowed
after the party seeking punitive damages has established a prima facie case on the
record that an award of punitive damages is reasonably likely against the party about
whom discovery is sought and, if disputed, the court is satisfied that the discovery is
not sought for the purpose of harassment.
(b)
Subsection
(2)(a)
does not apply to any claim for punitive damages arising out of the
tortfeasor's:
(i)
operation of a motor vehicle or motorboat while voluntarily intoxicated or under
the influence of any drug or combination of alcohol and drugs as prohibited by
Section
41-6a-502
;
(ii)
causing death of another person or causing a person to be addicted by providing
or administering an illegal controlled substance to the person under Section
78B-3-801
; or
(iii)
providing an illegal controlled substance to any person in the chain of transfer
that connects directly to a person who subsequently provided or administered the
substance to a person whose death was caused in whole or in part by the substance.
(3)
(a)
In any case where punitive damages are awarded, the court shall enter judgment as
follows:
(i)
for the first $50,000, judgment shall be in favor of the injured party; and
(ii)
any amount in excess of $50,000 shall be divided equally between the state and
the injured party, and judgment to each entered accordingly.
(b)
(i)
The actual and bona fide attorney fees and costs incurred in obtaining and
collecting the judgment for punitive damages shall be considered to have been
incurred by the state and the injured party in proportion to the judgment entered in
each party's behalf.
(A)
The state and injured party shall be responsible for each one's proportionate
share only.
(B)
The state is liable to pay
its
the state's
proportionate share only to the extent
it
the state
receives payment toward
its
the state's
judgment.
(ii)
(A)
If the court awards attorney fees and costs to the injured party as a direct
result of the punitive damage award, the state shall have a corresponding credit
in a proportionate amount based on the amounts of the party's respective
punitive damage judgments.
(B)
This credit may be applied as an offset against the amount of attorney fees and
costs charged to the state for obtaining the punitive damage judgment.
(c)
The state shall have all rights due a judgment creditor to collect the full amounts of
both punitive damage judgments until the judgments are fully satisfied.
(i)
(d)
Neither party is required to pursue collection.
(ii)
(e)
In pursuing collection, the state may exercise any of
its
the state's
collection
rights under
Section
63A-3-301
et seq., Section
63A-3-502
et seq.
Title 63A,
Chapter 3, Part 3, Accounts Receivable Collection, Title 63A, Chapter 3, Part 5,
Office of State Debt Collection
, and any other statutory provisions.
(f)
Any amounts collected on
these
the
judgments
described in Subsection
(3)(e)
by
either party shall be held in trust and distributed as set forth in Subsection
(3)(e)
(3)(i)
.
(d)
(g)
Unless all affected parties, including the state, expressly agree otherwise,
collection on the punitive damages judgment shall be deferred until all other
judgments have been fully paid.
(h)
Any payment by or on behalf of any judgment debtor, whether voluntary, by
execution, or otherwise, shall be distributed and applied in the following order:
(i)
to the judgment for compensatory damage and any applicable judgment for
attorney fees and costs;
(ii)
to the initial $50,000 of the punitive damage judgment;
(iii)
to any judgment for attorney fees and costs awarded as a direct result of the
punitive damages; and
(iv)
to the remaining judgments for punitive damages.
(e)
(i)
Any partial payments shall be distributed equally between the state and injured
party.
(f)
(j)
After the payment of attorney fees and costs, all amounts paid on the state's
judgment shall be remitted:
(i)
for an amount received on or before May 11, 2025, to the state treasurer to be
deposited into the General Fund; and
(ii)
for an amount received after May 11, 2025, to the state treasurer to be deposited
into the
Victims
Victim
Services Restricted Fund established in Section
63M-7-219
75E-2-305
.
Section 274. Section
78B-9-109
is amended to read:
78B-9-109
Effective
07/01/26
. Appointment of pro bono counsel or counsel
from Indigent Appellate Defense Division.
(1)
(a)
If any portion of the petition is not summarily dismissed, the court may, upon the
request of an indigent petitioner, appoint counsel on a pro bono basis or from the
Indigent Appellate Defense Division, created in Section
78B-22-902
75E-10-602
, to
represent the petitioner in the postconviction court or on postconviction appeal.
(b)
Counsel who represented the petitioner at trial or on the direct appeal may not be
appointed to represent the petitioner under this section.
(2)
In determining whether to appoint counsel, the court may consider:
(a)
whether the petitioner is incarcerated;
(b)
the likelihood that an evidentiary hearing will be necessary;
(c)
the likelihood that an investigation will be necessary;
(d)
the complexity of the factual and legal issues; and
(e)
any other factor relevant to the particular case.
(3)
An allegation that counsel appointed under this section was ineffective cannot be the
basis for relief in any subsequent postconviction petition.
Section 275. Section
78B-9-402
is amended to read:
78B-9-402
Effective
07/01/26
. Petition for determination of factual innocence --
Sufficient allegations -- Notification of victim -- Payment to surviving spouse.
(1)
A person
An individual
who has been convicted of a felony offense may petition the
district court in the county in which the
person
individual
was convicted for a hearing
to establish that the
person
individual
is factually innocent of the crime or crimes of
which the
person
individual
was convicted.
(2)
(a)
The petition shall contain an assertion of factual innocence under oath by the
petitioner and shall aver, with supporting affidavits or other credible documents, that:
(i)
newly discovered material evidence exists that, if credible, establishes that the
petitioner is factually innocent;
(ii)
the specific evidence identified by the petitioner in the petition establishes
innocence;
(iii)
the material evidence is not merely cumulative of evidence that was known;
(iv)
the material evidence is not merely impeachment evidence; and
(v)
viewed with all the other evidence, the newly discovered evidence demonstrates
that the petitioner is factually innocent.
(b)
(i)
The court shall review the petition in accordance with the procedures in
Subsection
(9)(b)
, and make a finding that the petition has satisfied the
requirements of Subsection
(2)(a)
.
(ii)
If the court finds the petition does not meet all the requirements of Subsection
(2)(a)
, the court shall dismiss the petition without prejudice and send notice of the
dismissal to the petitioner and the attorney general.
(3)
(a)
The petition shall also contain an averment that:
(i)
neither the petitioner nor the petitioner's counsel knew of the evidence at the time
of trial or sentencing or in time to include the evidence in any previously filed
post-trial motion or postconviction motion, and the evidence could not have been
discovered by the petitioner or the petitioner's counsel through the exercise of
reasonable diligence; or
(ii)
a court has found ineffective assistance of counsel for failing to exercise
reasonable diligence in uncovering the evidence.
(b)
(i)
Upon entry of a finding that the petition is sufficient under Subsection
(2)(a)
,
the court shall then review the petition to determine if Subsection
(3)(a)
has been
satisfied.
(ii)
If the court finds that the requirements of Subsection
(3)(a)
have not been
satisfied, the court may dismiss the petition without prejudice and give notice to
the petitioner and the attorney general of the dismissal, or the court may waive the
requirements of Subsection
(3)(a)
if the court finds the petition should proceed to
hearing based upon the strength of the petition, and that there is other evidence
that could have been discovered through the exercise of reasonable diligence by
the petitioner or the petitioner's counsel at trial, and the other evidence:
(A)
was not discovered by the petitioner or the petitioner's counsel;
(B)
is material upon the issue of factual innocence; and
(C)
has never been presented to a court.
(4)
(a)
If the conviction for which the petitioner asserts factual innocence was based upon
a plea of guilty, the petition shall contain the specific nature and content of the
evidence that establishes factual innocence.
(b)
The court shall review the evidence and may dismiss the petition at any time in the
course of the proceedings, if the court finds that the evidence of factual innocence
relies solely upon the recantation of testimony or prior statements made by a witness
against the petitioner, and the recantation appears to the court to be equivocal or self
serving.
(5)
A person
An individual
who has already obtained postconviction relief that vacated or
reversed the
person's
individual's
conviction or sentence may also file a petition under
this part in the same manner and form as described above, if no retrial or appeal
regarding this offense is pending.
(6)
If some or all of the evidence alleged to be exonerating is biological evidence subject to
DNA testing, the petitioner shall seek DNA testing in accordance with Section
78B-9-301
.
(7)
Except as provided in Subsection
(9)
, the petition and all subsequent proceedings shall
be in compliance with and governed by Utah Rules of Civil Procedure, Rule 65C and
shall include the underlying criminal case number.
(8)
After a petition is filed under this section, prosecutors, law enforcement officers, and
crime laboratory personnel shall cooperate in preserving evidence and in determining
the sufficiency of the chain of custody of the evidence which is the subject of the
petition.
(9)
(a)
A person
An individual
who files a petition under this section shall serve notice
of the petition and a copy of the petition upon the office of the
prosecutor
prosecuting attorney
who obtained the conviction and upon the
Utah
attorney
general.
(b)
(i)
The assigned judge shall conduct an initial review of the petition.
(ii)
If it is apparent to the court that the petitioner is either merely relitigating facts,
issues, or evidence presented in previous proceedings or presenting issues that
appear frivolous or speculative on their face, the court shall dismiss the petition,
state the basis for the dismissal, and serve notice of dismissal upon the petitioner
and the attorney general.
(iii)
If, upon completion of the initial review, the court does not dismiss the petition,
the court shall order the attorney general to file a response to the petition.
(iv)
The attorney general shall, within 30 days after the day on which the attorney
general receives the court's order, or within any additional period of time the court
allows, answer or otherwise respond to all proceedings initiated under this part.
(c)
(i)
After the time for response by the attorney general under Subsection
(9)(b)
has
passed, the court shall order a hearing if the court finds the petition meets the
requirements of Subsections
(2)
and
(3)
and finds there is a bona fide and
compelling issue of factual innocence regarding the charges of which the
petitioner was convicted.
(ii)
No bona fide and compelling issue of factual innocence exists if the petitioner is
merely relitigating facts, issues, or evidence presented in a previous proceeding or
if the petitioner is unable to identify with sufficient specificity the nature and
reliability of the newly discovered evidence that establishes the petitioner's factual
innocence.
(d)
(i)
If the parties stipulate that the evidence establishes that the petitioner is
factually innocent, the court may find the petitioner is factually innocent without
holding a hearing.
(ii)
If the state will not stipulate that the evidence establishes that the petitioner is
factually innocent, no determination of factual innocence may be made by the
court without first holding a hearing under this part.
(10)
The court may not grant a petition for a hearing under this part during the period in
which criminal proceedings in the matter are pending before any trial or appellate court,
unless stipulated to by the parties.
(11)
Any victim of a crime that is the subject of a petition under this part, and who has
elected to receive notice under Section
77-38-3
, shall be notified by the state's attorney
of any hearing regarding the petition.
(12)
(a)
A petition to determine factual innocence under this part, or Part 3,
Postconviction Testing of DNA, shall be filed separately from any petition for
postconviction relief under Part 1, General Provisions.
(b)
Separate petitions may be filed simultaneously in the same court.
(13)
The procedures governing the filing and adjudication of a petition to determine factual
innocence apply to all petitions currently filed or pending in the district court and any
new petitions filed on or after June 1, 2012.
(14)
(a)
As used in this Subsection
(14)
and in Subsection
(15)
:
(i)
"Married" means the legal marital relationship established between two
individuals and as recognized by the law; and
(ii)
"Spouse" means an individual married to the petitioner at the time the petitioner
was found guilty of the offense regarding which a petition is filed and who has
since then been continuously married to the petitioner until the petitioner's death.
(b)
A claim for determination of factual innocence under this part is not extinguished
upon the death of the petitioner.
(c)
(i)
If any payments are already being made to the petitioner under this part at the
time of the death of the petitioner, or if the finding of factual innocence occurs
after the death of the petitioner, the payments due under Section
78B-9-405
shall
be paid in accordance with Section
78B-9-405
to the petitioner's surviving spouse.
(ii)
Payments cease upon the death of the spouse.
(15)
The spouse under Subsection
(14)
forfeits all rights to receive any payment under this
part if the spouse is charged with a homicide established by a preponderance of the
evidence that meets the elements of any felony homicide offense in Title 76, Chapter 5,
Offenses Against the Individual, except automobile homicide under Section
76-5-207
,
applying the same principles of culpability and defenses as in
Title 76, Utah Criminal
Code
Title 76, Criminal Offenses
, including Title 76, Chapter 2, Principles of Criminal
Responsibility.
Section 276. Section
78B-9-405
is amended to read:
78B-9-405
Effective
07/01/26
. Judgment and assistance payment.
(1)
As used in this section:
(a)
"Felony" means a criminal offense classified as a felony under
Title 76, Chapter 3,
Punishments
, or conduct that would constitute a felony if committed in Utah.
(b)
"Petitioner" means a United States citizen or an individual who was otherwise
lawfully present in this country at the time of the incident that gave rise to the
underlying conviction.
(2)
(a)
If a court finds a petitioner factually innocent under
Part 3, Postconviction Testing
of DNA
, or under this part, and if the petitioner has served a period of incarceration,
the court shall order that the petitioner receive for each year or portion of a year the
petitioner was incarcerated, up to a maximum of 15 years, the monetary equivalent of
the average annual nonagricultural payroll wage in Utah, as determined by the data
most recently published by the Department of Workforce Services at the time of the
petitioner's release from prison.
(b)
The court's determination of the monetary equivalent of the average annual
nonagricultural payroll wage shall be included in the order declaring that the
petitioner is factually innocent.
(3)
If a court orders that a petitioner is to receive payment under Subsection
(2)
:
(a)
the
Utah
Office for Victims of Crime shall pay from the Crime Victim
Reparations
Compensation
Fund to the petitioner within 45 days of the court order under
Subsection
(2)
an initial sum equal to either 20% of the total financial assistance
payment as determined under Subsection
(2)
or an amount equal to two years of
incarceration, whichever is greater, but not to exceed the total amount owed;
(b)
the Legislature shall appropriate as nonlapsing funds from the General Fund, and no
later than the next general session following the issuance of the court order under
Subsection
(2)
:
(i)
to the Crime Victim
Reparations
Compensation
Fund, the amount that was paid
out of the fund under Subsection
(3)(a)
; and
(ii)
to the
State Commission on Criminal and Juvenile Justice
Department of
Criminal Justice
, as a separate line item, the amount ordered by the court for
payments under Subsection
(2)
, minus the amount reimbursed to the Crime Victim
Reparations
Compensation
Fund under Subsection
(3)(b)(i)
; and
(c)
the
State Commission on Criminal and Juvenile Justice
Department of Criminal
Justice
shall pay the amount ordered by the court under Subsection
(2)
, minus the
amount paid by the
Utah
Office for Victims of Crime under Subsection
(3)(a)
, to
the petitioner:
(i)
quarterly on or before the last day of the month next succeeding each calendar
quarterly period; or
(ii)
in one lump sum payment no later than the next succeeding July 31 after the day
on which the court ordered the payment.
(4)
(a)
For a payment under Subsection
(3)(c)
:
(i)
the petitioner shall choose, within 90 days after the day on which the payment
under Subsection
(3)(a)
is made, whether the payment is disbursed under
Subsection
(3)(c)(i)
or
(ii)
; and
(ii)
the
State Commission on Criminal and Juvenile Justice
Department of Criminal
Justice
shall disburse the payment in accordance with the petitioner's choice under
Subsection
(4)(a)(i)
.
(b)
If the petitioner fails to make a choice under Subsection
(4)(a)(i)
within 90 days after
the day on which the payment under Subsection
(3)(a)
is made, the
State
Commission on Criminal and Juvenile Justice
Department of Criminal Justice
shall
pay the amount under Subsection
(3)(c)
in accordance with Subsection
(3)(c)(i)
.
(c)
(i)
If a court ordered a petitioner to receive a payment under this section on or
before May 5, 2021, the petitioner may request that the
State Commission on
Criminal and Juvenile Justice
Department of Criminal Justice
disburse the
remaining balance of the payment owed to the petitioner under Subsection
(3)(c)
in one lump sum payment.
(ii)
If a petitioner submits a request under Subsection
(4)(c)(i)
, the
State Commission
on Criminal and Juvenile Justice
Department of Criminal Justice
shall disburse
the remaining balance of the payment owed to the petitioner in one lump sum
payment.
(5)
Payments under Subsection
(3)(c)(i)
shall:
(a)
commence no later than one year after the effective date of the appropriation for the
payments;
(b)
be made to the petitioner for the balance of the amount ordered by the court after the
initial payment under Subsection
(3)(a)
; and
(c)
be allocated so that the entire amount due to the petitioner under this section has been
paid no later than 10 years after the effective date of the appropriation made under
Subsection
(3)(b)
.
(6)
(a)
Payments under this section shall be reduced to the extent that the period of
incarceration for which the petitioner seeks payment was attributable to a separate
and lawful conviction.
(b)
Payments under this section shall:
(i)
be tolled upon the commencement of any period of incarceration due to the
petitioner's subsequent conviction of a felony; and
(ii)
resume upon the conclusion of that period of incarceration.
(c)
The reduction of payments under Subsection
(6)(a)
or the tolling of payments
pursuant to
in accordance with
Subsection
(6)(b)
shall be determined by the same
court that finds a petitioner to be factually innocent under
Part 3, Postconviction
Testing of DNA
, or this part.
(7)
(a)
An individual is ineligible for any payments under this part if the individual was
already serving a prison sentence in another jurisdiction at the time of the conviction
of the crime for which that individual has been found factually innocent in
accordance with
Part 3, Postconviction Testing of DNA
, or this part, and that
individual is to be returned to that other jurisdiction upon release for further
incarceration on the prior conviction.
(b)
Ineligibility for any payments under this Subsection
(7)
shall be determined by the
same court that finds an individual to be factually innocent under
Part 3,
Postconviction Testing of DNA
, or this part.
(8)
Payments under this section:
(a)
are not subject to any Utah state taxes; and
(b)
may not be offset by any expenses incurred by the state or any political subdivision
of the state, including expenses incurred to secure the petitioner's custody, or to feed,
clothe, or provide medical services for the petitioner.
(9)
If a court finds a petitioner to be factually innocent under
Part 3, Postconviction Testing
of DNA
, or this part, the court shall also:
(a)
issue an order of expungement of the petitioner's criminal record for all acts in the
charging document upon which the payment under this part is based; and
(b)
provide a letter to the petitioner explaining that the petitioner's conviction has been
vacated on the grounds of factual innocence and indicating that the petitioner did not
commit the crime or crimes for which the petitioner was convicted and was later
found to be factually innocent under
Part 3, Postconviction Testing of DNA
, or this
part.
(10)
A petitioner found to be factually innocent under
Part 3, Postconviction Testing of
DNA
, or this part shall have access to the same services and programs available to Utah
citizens generally as though the conviction for which the petitioner was found to be
factually innocent had never occurred.
(11)
(a)
Payments under this part constitute a full and conclusive resolution of the
petitioner's claims on the specific issue of factual innocence.
(b)
Pre-judgment interest may not be awarded in addition to the payments provided
under this part.
Section 277. Section
78B-22-102
is amended to read:
78B-22-102
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
"Account" means the Indigent Defense Resources Restricted Account created in
Section
78B-22-405
.
(2)
"Child welfare case" means a proceeding under Title
80, Chapter 3
, Abuse, Neglect,
and Dependency Proceedings, or Title
80, Chapter 4
, Termination and Restoration of
Parental Rights.
(3)
(1)
"Commission" means the
Utah
Indigent Defense Commission created in Section
78B-22-401
75E-9-102
.
(4)
"Eligible county" means:
(a)
a county of the fourth, fifth, and sixth class, as classified under Section
17-60-104
;
and
(b)
a county of the third class, as classified under Section
17-60-104
, if the county of
the third class has no municipality with a population of 100,000 or more.
(5)
"Executive director" means the executive director of the Office of Indigent Defense
Services, created in Section
78B-22-451
, who is appointed in accordance with Section
78B-22-453
.
(6)
(2)
"Indigent defense resources" means the resources necessary to provide an effective
defense for an indigent individual.
(7)
(3)
"Indigent defense service provider" means an attorney or entity appointed to
represent an indigent individual through:
(a)
a contract with an indigent defense system to provide indigent defense services;
(b)
an order issued by the court under Subsection
78B-22-203(2)(a)
; or
(c)
direct employment with an indigent defense system.
(8)
(4)
"Indigent defense services" means:
(a)
the representation of an indigent individual by an indigent defense service provider;
and
(b)
the provision of indigent defense resources for an indigent individual.
(9)
(5)
"Indigent defense system" means:
(a)
a city or town that is responsible for providing indigent defense services;
(b)
a county that is responsible for providing indigent defense services in the district
court, juvenile court, and the county's justice courts; or
(c)
an interlocal entity, created
pursuant to
in accordance with
Title
11, Chapter 13
,
Interlocal Cooperation Act, that is responsible for providing indigent defense services
according to the terms of an agreement between a county, city, or town.
(10)
(6)
"Indigent individual" means:
(a)
a minor who is:
(i)
arrested and admitted into detention for an offense under Section
78A-6-103
;
(ii)
charged by petition or information in the juvenile or district court; or
(iii)
described in this Subsection
(10)(a)
(6)(a)
, who is appealing an adjudication or
other final court action; and
(b)
an individual listed in Subsection
78B-22-201(1)
who is found indigent
pursuant to
in accordance with
Section
78B-22-202
.
(11)
(7)
"Minor" means the same as that term is defined in Section
80-1-102
.
(12)
(8)
"Office" means the Office of Indigent Defense Services created in Section
78B-22-451
75E-10-102
.
(13)
"Participating county" means a county that complies with this chapter for participation
in the Indigent Aggravated Murder Defense Fund as provided in Sections
78B-22-702
and
78B-22-703
.
Section 278. Section
78B-22-203
is amended to read:
78B-22-203
Effective
07/01/26
. Order for indigent defense services.
(1)
(a)
Except as provided in Subsection
(6)
, a court shall appoint an indigent defense
service provider who is employed by an indigent defense system or who has a
contract with an indigent defense system to provide indigent defense services for an
individual over whom the court has jurisdiction if:
(i)
the individual is an indigent individual; and
(ii)
the individual does not have private counsel.
(b)
An indigent defense service provider appointed by the court under Subsection
(1)(a)
shall provide indigent defense services for the indigent individual in all court
proceedings in the matter for which the indigent defense service provider is
appointed.
(2)
(a)
Notwithstanding Subsection
(1)
, the court may order that indigent defense
services be provided by an indigent defense service provider who does not have a
contract with an indigent defense system if the court finds by clear and convincing
evidence that:
(i)
all the contracted indigent defense service providers:
(A)
have a conflict of interest; or
(B)
do not have sufficient expertise to provide indigent defense services for the
indigent individual; or
(ii)
the indigent defense system does not have a contract with an indigent defense
service provider for indigent defense services.
(b)
A court may not order indigent defense services under Subsection
(2)(a)
unless the
court conducts a hearing with proper notice to the indigent defense system by sending
notice of the hearing to the county clerk or municipal recorder.
(3)
(a)
A court may order reasonable indigent defense resources for an individual who
has retained private counsel only if the court finds by clear and convincing evidence
that:
(i)
the individual is an indigent individual;
(ii)
the individual would be prejudiced by the substitution of a contracted indigent
defense service provider and the prejudice cannot be remedied;
(iii)
at the time that private counsel was retained, the individual:
(A)
entered into a written contract with private counsel; and
(B)
had the ability to pay for indigent defense resources, but no longer has the
ability to pay for the indigent defense resources in addition to the cost of
private counsel;
(iv)
there has been an unforeseen change in circumstances that requires indigent
defense resources beyond the individual's ability to pay; and
(v)
any representation under this Subsection
(3)(a)
is made in good faith and is not
calculated to allow the individual or retained private counsel to avoid the
requirements of this section.
(b)
A court may not order indigent defense resources under Subsection
(3)(a)
until the
court conducts a hearing with proper notice to the indigent defense system by sending
notice of the hearing to the county clerk or municipal recorder.
(c)
At the hearing, the court shall conduct an in camera review of:
(i)
the private counsel contract;
(ii)
the costs or anticipated costs of the indigent defense resources; and
(iii)
other relevant records.
(4)
A court may only order the representation of an indigent individual by an indigent
defense service provider in accordance with this section.
(5)
A court may not order indigent defense resources be provided to an indigent individual,
except as provided in Subsection
(3)
.
(6)
(a)
For an individual prosecuted for aggravated murder and found indigent, a court
from a county participating in the Indigent Aggravated Murder Defense Fund created
in Section
78B-22-701
75E-10-402
shall notify the Office of Indigent Defense
Services of the finding of indigency.
(b)
The office shall assign an indigent defense service provider qualified under Utah
Rules of Criminal Procedure, Rule 8, with whom the office has a preliminary contract
to provide indigent defense services for an assigned rate.
Section 279. Section
78B-22-301
is amended to read:
78B-22-301
Effective
07/01/26
. Standards for indigent defense systems --
Written report.
(1)
An indigent defense system shall provide indigent defense services for an indigent
individual in accordance with the core principles adopted by the commission under
Section
78B-22-404
75E-9-104
.
(2)
(a)
On or before March 30 of each year, all indigent defense systems shall submit a
written report to the commission that describes each indigent defense system's
compliance with the commission's core principles.
(b)
If an indigent defense system fails to submit a timely report under Subsection
(2)(a)
,
the indigent defense system is disqualified from receiving a grant from the
commission for the following calendar year.
Section 280. Section
80-2-503
is amended to read:
80-2-503
Effective
07/01/26
. Division contracts for prevention and treatment of
child abuse and neglect -- Requirements -- Public hearing -- Funding provided by
contractor.
(1)
(a)
The Legislature finds that there is a need to assist private and public agencies in
identifying and establishing community-based education, service, and treatment
programs to prevent the occurrence and recurrence of abuse and neglect.
(b)
It is the purpose of this section to provide a means to increase prevention and
treatment programs designed to reduce the occurrence or recurrence of child abuse
and neglect.
(2)
The division shall contract with public or private nonprofit organizations, agencies, or
schools, or with qualified individuals to establish voluntary community-based
educational and service programs designed to reduce or prevent the occurrence or
recurrence of abuse and neglect.
(3)
(a)
A program that the division contracts with under this section shall provide
voluntary primary abuse and neglect prevention, and voluntary or court-ordered
treatment services.
(b)
A program described in Subsection
(3)(a)
includes:
(i)
a program related to prenatal care, perinatal bonding, child growth and
development, basic child care, care of children with special needs, and coping
with family stress;
(ii)
a program related to crisis care, aid to parents, abuse counseling, support groups
for abusive or potentially abusive parents and abusive parents' children, and early
identification of families where the potential for abuse and neglect exists;
(iii)
a program clearly designed to prevent the occurrence or recurrence of abuse,
neglect, sexual abuse, sexual exploitation, or medical or educational neglect;
(iv)
a program that the division and council consider potentially effective in reducing
the incidence of family problems leading to abuse or neglect; and
(v)
a program designed to establish and assist community resources that prevent
abuse and neglect.
(4)
The division shall:
(a)
consult with appropriate state agencies, commissions, and boards to help determine
the probable effectiveness, fiscal soundness, and need for proposed education and
service programs for the prevention and treatment of abuse and neglect;
(b)
develop policies to determine whether a program will be discontinued or receive
continuous funding;
(c)
facilitate the exchange of information between and among groups concerned with
families and children;
(d)
establish flexible fees and fee schedules based on the recipient's ability to pay for
part or all of the costs of service received;
(e)
before awarding a contract for an abuse or neglect prevention or treatment program
or service:
(i)
conduct a public hearing to receive public comment on the program or service and
ensure the council conducted a public hearing on the program or service in
accordance with Subsection
(6)
;
(ii)
if the program or service is intended for presentation in public schools, receive
evidence that the program or service is approved by the local board of education
of each school district that will be utilizing the program or service, or under the
direction of the local board of education, the state superintendent; and
(iii)
consider need, diversity of geographic locations, the program's or services'
coordination with or enhancement of existing services, and the program's or
services' extensive use of volunteers;
(f)
award a contract under this section for services to prevent abuse and neglect on the
basis of probability of success, based in part on sound research data; and
(g)
adopt
make
rules in accordance with
Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
, as necessary to carry out the purposes of this section.
(5)
The division may:
(a)
require that 25% of the funding for a program contracted for under this section be
provided by the contractor operating the program; and
(b)
consider a contribution of materials, supplies, or physical facilities as all or part of
the funding provided by the contractor under Subsection
(5)(a)
.
(6)
The council shall conduct a public hearing to receive public comment on the program or
service before the division may enter into a contract under this section.
(7)
A contract entered into under this section shall contain a provision for the evaluation of
services provided under the contract.
(8)
Contract funds awarded under this section for the treatment of victims of abuse or
neglect are not a collateral source as defined in Section
63M-7-502
75E-5-101
.
Section 281. Section
80-5-102
is amended to read:
80-5-102
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
"Account" means the Juvenile Justice Reinvestment Restricted Account created in
Section
80-5-302
.
(2)
(a)
"Adult" means an individual who is 18 years old or older.
(b)
"Adult" does not include a juvenile offender.
(3)
"Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
1351.1.
(4)
"Authority" means the Youth Parole Authority created in Section
80-5-701
.
(5)
"Control" means the authority to detain, restrict, and supervise a juvenile offender in a
manner consistent with public safety and the well-being of the juvenile offender and
division employees.
(6)
"Cross-sex hormone treatment" means the same as that term is defined in Section
26B-4-1001
.
(7)
"Director" means the director of the Division of Juvenile Justice and Youth Services.
(8)
"Discharge" means the same as that term is defined in Section
80-6-102
.
(9)
"Division" means the Division of Juvenile Justice and Youth Services created in Section
80-5-103
.
(10)
"Homeless youth" means a child, other than an emancipated minor:
(a)
who is a runaway; or
(b)
who is:
(i)
not accompanied by the child's parent or guardian; and
(ii)
without care, as defined in Section
80-5-602
.
(11)
"Housing unit" means an area with secured entrances, minor rooms, and common area
space.
(12)
"Minor room" means a secured room where an individual sleeps and uses restroom
facilities.
(13)
"Observation and assessment program" means a nonresidential service program
operated or purchased by the division that is responsible only for diagnostic assessment
of minors, including for substance use disorder, mental health, psychological, and sexual
behavior risk assessments.
(14)
"Performance based contracting" means a system of contracting with service providers
for the provision of residential or nonresidential services that:
(a)
provides incentives for the implementation of evidence-based juvenile justice
programs or programs rated as effective for reducing recidivism by a standardized
tool in accordance with Section
63M-7-208
75E-2-207
; and
(b)
provides a premium rate allocation for a minor who receives the evidence-based
dosage of treatment and successfully completes the program within three months.
(15)
"Puberty inhibition drug treatment" means administering, prescribing, or supplying for
effectuating or facilitating an individual's attempted sex change, any of the following
alone or in combination with aromatase inhibitors:
(a)
gonadotropin-releasing hormone agonists; or
(b)
androgen receptor inhibitors.
(16)
"Primary sex characteristic surgical procedure" means the same as that term is defined
in Section
26B-4-1001
.
(17)
"Rescission" means the same as that term is defined in Section
80-6-102
.
(18)
"Restitution" means the same as that term is defined in Section
80-6-102
.
(19)
"Revocation" means the same as that term is defined in Section
80-6-102
.
(20)
"Secondary sex characteristic surgical procedure" means the same as that term is
defined in Section
26B-4-1001
.
(21)
"Temporary custody" means the same as that term is defined in Section
80-6-102
.
(22)
"Temporary homeless youth shelter" means a facility that:
(a)
provides temporary shelter to homeless youth; and
(b)
is licensed by the Department of Health and Human Services, created in Section
26B-1-201
, as a residential support program.
(23)
"Termination" means the same as that term is defined in Section
80-6-102
.
(24)
"Victim" means the same as that term is defined in Section
80-6-102
.
(25)
"Work program" means a nonresidential public or private service work project
established and administered by the division for juvenile offenders for the purpose of
rehabilitation, education, and restitution to victims.
(26)
(a)
"Youth services" means services provided in an effort to resolve family conflict:
(i)
for families in crisis when a minor is ungovernable or a runaway; or
(ii)
involving a minor and the minor's parent or guardian.
(b)
"Youth services" include efforts to:
(i)
resolve family conflict;
(ii)
maintain or reunite minors with the minors' families; and
(iii)
divert minors from entering or escalating in the juvenile justice system.
(c)
"Youth services" may provide:
(i)
crisis intervention;
(ii)
short-term shelter;
(iii)
time-out placement; and
(iv)
family counseling.
(27)
"Youth services center" means a center established by, or under contract with, the
division to provide youth services.
Section 282. Section
80-5-201
is amended to read:
80-5-201
Effective
07/01/26
. Division responsibilities.
(1)
The division is responsible for all minors committed to the division by juvenile courts
under Sections
80-6-703
and
80-6-705
.
(2)
The division shall:
(a)
establish and administer a continuum of community, secure, and nonsecure programs
for all minors committed to the division;
(b)
establish and maintain all detention and secure care facilities and set minimum
standards for all detention and secure care facilities;
(c)
establish and operate prevention and early intervention youth services programs for
nonadjudicated minors placed with the division;
(d)
establish observation and assessment programs necessary to serve minors in a
nonresidential setting under Subsection
80-6-706(1)
;
(e)
place minors committed to the division under Section
80-6-703
in the most
appropriate program for supervision and treatment;
(f)
employ staff necessary to:
(i)
supervise and control minors committed to the division for secure care or
placement in the community;
(ii)
supervise and coordinate treatment of minors committed to the division for
placement in community-based programs; and
(iii)
control and supervise adjudicated and nonadjudicated minors placed with the
division for temporary services in juvenile receiving centers, youth services, and
other programs established by the division;
(g)
control or detain a minor committed to the division, or in the temporary custody of
the division, in a manner that is consistent with public safety and rules made by the
division;
(h)
establish and operate work programs for minors committed to the division by the
juvenile court that:
(i)
are not residential;
(ii)
provide labor to help in the operation, repair, and maintenance of public facilities,
parks, highways, and other programs designated by the division;
(iii)
provide educational and prevocational programs in cooperation with the State
Board of Education for minors placed in the program; and
(iv)
provide counseling to minors;
(i)
establish minimum standards for the operation of all private residential and
nonresidential rehabilitation facilities that provide services to minors who have
committed an offense in this state or in any other state;
(j)
provide regular training for secure care staff, detention staff, case management staff,
and staff of the community-based programs;
(k)
designate employees to obtain the saliva DNA specimens required under Section
53-10-403
;
(l)
ensure that the designated employees receive appropriate training and that the
specimens are obtained in accordance with accepted protocol;
(m)
register an individual with the Department of Public Safety who:
(i)
is adjudicated for an offense that would result in the individual being a child abuse
offender under Subsection
53-29-202(2)(a)
or a sex offender under Subsection
53-29-202(2)(b)
;
(ii)
is committed to the division for secure care; and
(iii)
(A)
if the individual is a youth offender, remains in the division's custody 30
days before the individual's 21st birthday; or
(B)
if the individual is a serious youth offender, remains in the division's custody
30 days before the individual's 25th birthday; and
(n)
ensure that a program delivered to a minor under this section is an evidence-based
program in accordance with Section
63M-7-208
75E-2-207
.
(3)
(a)
The division is authorized to employ special function officers, as defined in
Section
53-13-105
, to:
(i)
locate and apprehend minors who have absconded from division custody;
(ii)
transport minors taken into custody in accordance with division policy;
(iii)
investigate cases; and
(iv)
carry out other duties as assigned by the division.
(b)
A special function officer may be:
(i)
employed through a contract with the Department of Public Safety, or any law
enforcement agency certified by the Peace Officer Standards and Training
Division; or
(ii)
directly hired by the division.
(4)
In the event of an unauthorized leave from secure care, detention, a community-based
program, a juvenile receiving center, a home, or any other designated placement of a
minor, a division employee has the authority and duty to locate and apprehend the
minor, or to initiate action with a local law enforcement agency for assistance.
(5)
The division may proceed with an initial medical screening or assessment of a child
admitted to a detention facility to ensure the safety of the child and others in the
detention facility if the division makes a good faith effort to obtain consent for the
screening or assessment from the child's parent or guardian.
Section 283. Section
80-5-205
is amended to read:
80-5-205
Effective
07/01/26
. Contracts with private providers.
(1)
This chapter does not prohibit the division from contracting with private providers or
other agencies for:
(a)
the construction, operation, and maintenance of juvenile facilities; or
(b)
the provision of care, treatment, and supervision of minors who have been
committed to the division.
(2)
All programs for the care, treatment, and supervision of minors committed to the
division shall be licensed in compliance with division standards within six months after
commencing operation.
(3)
A contract for the care, treatment, and supervision of a minor committed to the division
shall be executed in accordance with the performance-based contracting system
developed under Section
63M-7-208
75E-2-207
.
Section 284. Section
80-5-304
is amended to read:
80-5-304
Effective
07/01/26
. Income and finances for minors in the custody of
the division.
(1)
If a minor is committed to the custody of the division, the division may establish:
(a)
an account for the minor that is administered by the division; or
(b)
a joint account for the minor and the division at a federally insured financial
institution.
(2)
The division may:
(a)
collect funds earned or received by a minor; and
(b)
place the funds earned or received by the minor into an account described in
Subsection
(1)
.
(3)
The division may:
(a)
only use funds placed in an account described in Subsection
(1)
for the minor,
including using the funds to pay restitution,
reparations
victim compensation
, fines,
alimony, support payments, cost of care, or similar court-ordered payments owed by
the minor; and
(b)
provide the minor with any funds remaining in an account described in Subsection
(1)
upon the minor's transition and termination from the custody of the division.
(4)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules to establish the administration of accounts and finances for
minors in the custody of the division.
Section 285. Section
80-6-102
is amended to read:
80-6-102
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
"Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
1351.1.
(2)
"Authority" means the Youth Parole Authority created in Section
80-5-701
.
(3)
"Commission" means the State Commission on Criminal and Juvenile Justice created
in Section
63M-7-201
.
(4)
(3)
"Compensatory service" means service or unpaid work performed by a minor in
lieu of the payment of a fine, fee, or restitution.
(5)
(4)
"Control" means the same as that term is defined in Section
80-5-102
.
(5)
"Department" means the Department of Criminal Justice created in Section
75E-2-102
.
(6)
"Detention hearing" means a proceeding under Section
80-6-207
to determine whether a
minor should remain in detention.
(7)
"Detention guidelines" means standards, established by the division in accordance with
Subsection
80-5-202(1)(a)
, for the admission of a minor to detention.
(8)
"Discharge" means a written order of the authority that removes a juvenile offender
from the authority's jurisdiction.
(9)
"Division" means the Division of Juvenile Justice and Youth Services created in Section
80-5-103
.
(10)
"Family-based setting" means a home that is licensed to allow a minor to reside at the
home, including a foster home, proctor care, or residential care by a professional parent.
(11)
"Formal referral" means a written report from a peace officer, or other person,
informing the juvenile court that:
(a)
an offense committed by a minor is, or appears to be, within the juvenile court's
jurisdiction; and
(b)
the minor's case must be reviewed by a juvenile probation officer or a prosecuting
attorney.
(12)
"Habitual truant" means the same as that term is defined in Section
53G-8-211
.
(13)
"Material loss" means an uninsured:
(a)
property loss;
(b)
out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;
(c)
lost wages because of an injury, time spent as a witness, or time spent assisting the
police or prosecution; or
(d)
medical expense.
(14)
"Referral" means a formal referral, a referral to the juvenile court under Section
53G-8-211
, or a citation issued to a minor for which the juvenile court receives notice
under Section
80-6-302
.
(15)
"Rescission" means a written order of the authority that rescinds a date for parole.
(16)
"Restitution" means money or services that the juvenile court, or a juvenile probation
officer if the minor agrees to a nonjudicial adjustment, orders a minor to pay or render to
a victim for the minor's wrongful act or conduct.
(17)
"Revocation" means a written order of the authority that, after a hearing and
determination under Section
80-6-806
:
(a)
terminates supervision of a juvenile offender's parole; and
(b)
directs a juvenile offender to return to secure care.
(18)
"Temporary custody" means the control and responsibility of a minor, before an
adjudication under Section
80-6-701
, until the minor is released to a parent, guardian,
responsible adult, or to an appropriate agency.
(19)
"Termination" means a written order of the authority that terminates a juvenile
offender from parole.
(20)
(a)
"Victim" means a person that the juvenile court determines suffered a material
loss as a result of a minor's wrongful act or conduct.
(b)
"Victim" includes:
(i)
any person directly harmed by the minor's wrongful act or conduct in the course of
the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an
offense that involves an element of a scheme, a conspiracy, or a pattern of
criminal activity; and
(ii)
the
Utah
Office for Victims of Crime.
(21)
"Violent felony" means the same as that term is defined in Section
76-3-203.5
.
(22)
"Work program" means the same as that term is defined in Section
80-5-102
.
(23)
"Youth services" means the same as that term is defined in Section
80-5-102
.
Section 286. Section
80-6-104
is amended to read:
80-6-104
Effective
07/01/26
. Data collection on offenses committed by minors --
Reporting requirement.
(1)
As used in this section:
(a)
"Firearm" means the same as that term is defined in Section
76-11-101
.
(b)
"Firearm-related offense" means a criminal offense involving a firearm.
(c)
"School is in session" means the same as that term is defined in Section
53E-3-516
.
(d)
"School-sponsored activity" means the same as that term is defined in Section
53E-3-516
.
(2)
Before July 1 of each year, the Administrative Office of the Courts shall submit the
following data to the
State Commission on Criminal and Juvenile Justice
department
,
broken down by judicial district, for the preceding calendar year:
(a)
the number of referrals to the juvenile court;
(b)
the number of minors diverted to a nonjudicial adjustment;
(c)
the number of minors that satisfy the conditions of a nonjudicial adjustment;
(d)
the number of minors for whom a petition for an offense is filed in the juvenile court;
(e)
the number of minors for whom an information is filed in the juvenile court;
(f)
the number of minors bound over to the district court by the juvenile court;
(g)
the number of petitions for offenses committed by minors that were dismissed by the
juvenile court;
(h)
the number of adjudications in the juvenile court for offenses committed by minors;
(i)
the number of guilty pleas entered into by minors in the juvenile court;
(j)
the number of dispositions resulting in secure care, community-based placement,
formal probation, and intake probation; and
(k)
for each minor charged in the juvenile court with a firearm-related offense:
(i)
the minor's age at the time the offense was committed or allegedly committed;
(ii)
the minor's zip code at the time that the offense was referred to the juvenile court;
(iii)
whether the minor is a restricted person under Subsection
76-11-302(4)
or
76-11-303(4)
;
(iv)
the type of offense for which the minor is charged;
(v)
the outcome of the minor's case in juvenile court, including whether the minor
was bound over to the district court or adjudicated by the juvenile court; and
(vi)
if a disposition was entered by the juvenile court, whether the disposition
resulted in secure care, community-based placement, formal probation, or intake
probation.
(3)
The
State Commission on Criminal and Juvenile Justice
department
shall track the
disposition of a case resulting from a firearm-related offense committed, or allegedly
committed, by a minor when the minor is found in possession of a firearm while school
is in session or during a school-sponsored activity.
(4)
In collaboration with the Administrative Office of the Courts, the division, and other
agencies, the
State Commission on Criminal and Juvenile Justice
department
shall
collect data for the preceding calendar year on:
(a)
the length of time that minors spend in the juvenile justice system, including the total
amount of time minors spend under juvenile court jurisdiction, on community
supervision, and in each out-of-home placement;
(b)
recidivism of minors who are diverted to a nonjudicial adjustment and minors for
whom dispositions are ordered by the juvenile court, including tracking minors into
the adult corrections system;
(c)
changes in aggregate risk levels from the time minors receive services, are under
supervision, and are in out-of-home placement; and
(d)
dosages of programming.
(5)
On and before October 1 of each year, the
State Commission on Criminal and Juvenile
Justice
department
shall prepare and submit a written report to the Judiciary Interim
Committee and the Law Enforcement and Criminal Justice Interim Committee that
includes:
(a)
data collected by the
State Commission on Criminal and Juvenile Justice
department
under this section;
(b)
data collected by the State Board of Education under Section
53E-3-516
; and
(c)
recommendations for legislative action with respect to the data described in this
Subsection
(5)
.
(6)
After submitting the written report described in Subsection
(5)
, the
State Commission
on Criminal and Juvenile Justice
department
may supplement the report at a later time
with updated data and information the State Board of Education collects under Section
53E-3-516
.
(7)
Nothing in this section shall be construed to require the disclosure of information or
data that is classified as controlled, private, or protected under Title 63G, Chapter 2,
Government Records Access and Management Act.
Section 287. Section
80-6-204
is amended to read:
80-6-204
Effective
07/01/26
. Detention or confinement of a child -- Restrictions.
(1)
Except as provided in Subsection
(2)
or this chapter, if a child is apprehended by a peace
officer, or brought before a court for examination under state law, the child may not be
confined:
(a)
in a jail, lockup, or cell used for an adult who is charged with a crime; or
(b)
in secure care
.
(2)
(a)
The division shall detain a child in accordance with Sections
80-6-502
,
80-6-504
,
and
80-6-505
if:
(i)
the child is charged with an offense under Section
80-6-502
or
80-6-503
;
(ii)
the district court has obtained jurisdiction over the offense because the child is
bound over to the district court under Section
80-6-504
; and
(iii)
the juvenile or district court orders the detention of the child.
(b)
(i)
If a child is detained before a detention hearing, or a preliminary hearing under
Section
80-6-504
if a criminal information is filed for the child under Section
80-6-503
, the child may only be held in certified juvenile detention
accommodations in accordance with rules made by the
commission
department
.
(ii)
The
commission's
department's
rules shall include rules for acceptable sight and
sound separation from adult inmates.
(iii)
The
commission
department
shall certify that a correctional facility is in
compliance with the
commission's
department's
rules.
(iv)
This Subsection
(2)(b)
does not apply to a child held in a correctional facility in
accordance with Subsection
(2)(a)
.
(3)
(a)
In an area of low density population, the
commission
department
may, by rule,
approve a juvenile detention accommodation within a correctional facility that has
acceptable sight and sound separation.
(b)
An accommodation described in Subsection
(3)(a)
shall be used only:
(i)
for short-term holding of a child who is alleged to have committed an act that
would be a criminal offense if committed by an adult; and
(ii)
for a maximum confinement period of six hours.
(c)
A child may only be held in an accommodation described in Subsection
(3)(a)
for:
(i)
identification;
(ii)
notification of a juvenile court official;
(iii)
processing; and
(iv)
allowance of adequate time for evaluation of needs and circumstances regarding
the release or transfer of the child to a shelter or detention facility.
(d)
This Subsection
(3)
does not apply to a child held in a correctional facility in
accordance with Subsection
(2)(a)
.
(4)
(a)
If a child is alleged to have committed an act that would be a criminal offense if
committed by an adult, a law enforcement officer or agency may detain the child in a
holding room in a local law enforcement agency facility for no longer than four hours:
(i)
for identification or interrogation; or
(ii)
while awaiting release to a parent or other responsible adult.
(b)
A holding room described in Subsection
(4)(a)
shall be certified by the
commission
department
in accordance with the
commission's
department's
rules.
(c)
The
commission's
department's
rules shall include provisions for constant
supervision and for sight and sound separation from adult inmates.
(5)
Willful failure to comply with this section is a class B misdemeanor.
(6)
(a)
The division is responsible for the custody and detention of:
(i)
a child who requires detention before trial or examination, or is placed in secure
detention after an adjudication under Section
80-6-704
; and
(ii)
a juvenile offender under Subsection
80-6-806(7)
.
(b)
Subsection
(6)(a)
does not apply to a child held in a correctional facility in
accordance with Subsection
(2)(a)
.
(c)
(i)
The
commission
department
shall provide standards for custody or detention
under Subsections
(2)(b)
,
(3)
, and
(4)
.
(ii)
The division shall determine and set standards for conditions of care and
confinement of children in detention facilities.
(d)
(i)
The division, or a public or private agency willing to undertake temporary
custody or detention upon agreed terms in a contract with the division, shall
provide all other custody or detention in suitable premises distinct and separate
from the general jails, lockups, or cells used in law enforcement and corrections
systems.
(ii)
This Subsection
(6)(d)
does not apply to a child held in a correctional facility in
accordance with Subsection
(2)(a)
.
(7)
Except as otherwise provided by this chapter, if an individual who is, or appears to be,
under 18 years old is received at a correctional facility, the sheriff, warden, or other
official, in charge of the correctional facility shall:
(a)
immediately notify the juvenile court of the individual; and
(b)
make arrangements for the transfer of the individual to a detention facility, unless
otherwise ordered by the juvenile court.
Section 288. Section
80-6-304
is amended to read:
80-6-304
Effective
07/01/26
. Nonjudicial adjustments -- Requirement to seek
legal counsel before declination.
(1)
For a nonjudicial adjustment, the juvenile probation officer may require a minor to:
(a)
pay a financial penalty of no more than $250 to the juvenile court, subject to the
terms established under Subsection
(5)
;
(b)
pay restitution to any victim;
(c)
complete community or compensatory service;
(d)
attend counseling or treatment with an appropriate provider;
(e)
attend substance abuse treatment or counseling;
(f)
comply with specified restrictions on activities or associations;
(g)
attend victim-offender mediation if requested by the victim; and
(h)
comply with any other reasonable action that is in the interest of the minor, the
community, or the victim.
(2)
(a)
Within seven days of receiving a referral that appears to be eligible for a
nonjudicial adjustment in accordance with Section
80-6-303.5
, the juvenile probation
officer shall provide an initial notice to reasonably identifiable and locatable victims
of the offense contained in the referral.
(b)
The victim shall be responsible to provide to the juvenile probation officer upon
request:
(i)
invoices, bills, receipts, and any other evidence of injury, loss of earnings, and
out-of-pocket loss;
(ii)
documentation and evidence of compensation or reimbursement from an
insurance company or an agency of the state, any other state, or the federal
government received as a direct result of the crime for injury, loss of earnings, or
out-of-pocket loss; and
(iii)
proof of identification, including home and work address and telephone numbers.
(c)
The inability, failure, or refusal of the victim to provide all or part of the requested
information shall result in the juvenile probation officer determining restitution based
on the best information available.
(3)
The juvenile probation officer may not predicate acceptance of an offer of a nonjudicial
adjustment on an admission of guilt.
(4)
(a)
A minor may not decline to enter into a nonjudicial adjustment without first being
advised of their right to consult with counsel, subject to the requirements of this
section.
(b)
If a minor seeks to decline a nonjudicial adjustment, the juvenile probation officer
shall inform the minor of:
(i)
the minor's right to consult with counsel; and
(ii)
the availability of resources for the minor to receive legal advice provided by the
Office of Indigent Defense Services created in Section
78B-22-451
75E-10-102
.
(c)
If a minor seeks to decline a nonjudicial adjustment, and also declines to seek the
advice of counsel after being informed as required under Subsection
(4)(b)
, the
juvenile probation officer shall:
(i)
sign an acknowledgment that the juvenile probation officer provided the minor
with the information required by Subsection
(4)(b)
;
(ii)
have the minor sign an acknowledgment that the minor received the information
required by Subsection
(4)(b)
and knowingly and voluntarily declined to seek the
advice of counsel; and
(iii)
permit the minor to decline the nonjudicial adjustment.
(d)
No provision of this section affects a court's obligation to ensure a minor's right to
counsel
in the event
if
a petition is filed.
(5)
(a)
The juvenile probation officer may not deny a minor an offer of a nonjudicial
adjustment due to a minor's inability to pay a financial penalty under Subsection
(1)
.
(b)
The juvenile probation officer shall base a fee, fine, or the restitution for a
nonjudicial adjustment under Subsection
(1)
upon the ability of the minor's family to
pay as determined by a statewide sliding scale developed in accordance with Section
63M-7-208
75E-2-207
.
(6)
(a)
A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile
court judge extends the nonjudicial adjustment for an additional 90 days.
(b)
A juvenile court judge may extend a nonjudicial adjustment beyond the 180 days
permitted under Subsection
(6)(a)
:
(i)
for a minor who is:
(A)
offered a nonjudicial adjustment for a sexual offense under
Title 76, Chapter
5, Part 4, Sexual Offenses
, that the minor committed before the minor was 12
years old, other than an offense under Section
76-5-417
,
76-5-418
,
76-5-419
,
or
76-5-420
; or
(B)
referred to a prosecuting attorney for a sexual offense under
Title 76, Chapter
5, Part 4, Sexual Offenses
, that the minor committed before the minor was 12
years old, other than an offense under Section
76-5-417
,
76-5-418
,
76-5-419
,
or
76-5-420
; and
(ii)
the judge determines that:
(A)
the nonjudicial adjustment requires specific treatment for the sexual offense;
(B)
the treatment cannot be completed within 180 days after the day on which the
minor entered into the nonjudicial adjustment; and
(C)
the treatment is necessary based on a clinical assessment that is
developmentally appropriate for the minor.
(c)
If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection
(6)(b)
, the judge may extend the nonjudicial adjustment until the minor completes the
specific treatment, but the judge may only grant each extension for 90 days at a time.
(7)
If a minor violates Section
76-9-1106
, the minor may be required to pay a fine or
penalty and participate in a court-approved tobacco education program with a
participation fee.
Section 289. Section
80-6-307
is amended to read:
80-6-307
Effective
07/01/26
. Dispositional report required in minors' cases --
Exceptions.
(1)
A juvenile probation officer, or other agency designated by the juvenile court, shall
make a dispositional report in writing in all minors' cases in which a petition has been
filed, except in cases involving violations of traffic laws or ordinances, violations of
wildlife laws and boating laws, and other minor cases.
(2)
When preparing a dispositional report and recommendation in a minor's case, the
juvenile probation officer, or other agency designated by the juvenile court, shall
consider the juvenile disposition guidelines, as defined in Section
63M-7-401.1
75E-4-101
, and any other factors relevant to the disposition designated in the juvenile
disposition guidelines
.
(3)
Where the allegations of a petition filed under Section
80-6-305
are denied, the
investigation may not be made until the juvenile court has made an adjudication.
Section 290. Section
80-6-607
is amended to read:
80-6-607
Effective
07/01/26
. Case planning and appropriate responses.
(1)
For a minor adjudicated and placed on probation under Section
80-6-702
or
committed to the division
under Section
80-6-703
, a case plan shall be created and:
(a)
developed in collaboration with the minor and the minor's family;
(b)
individualized to the minor;
(c)
informed by the results of a validated risk and needs assessment under Section
80-6-606
; and
(d)
tailored to the minor's offense and history.
(2)
(a)
The Administrative Office of the Courts and the division shall develop a statewide
system of appropriate responses to guide responses to the behaviors of minors:
(i)
undergoing nonjudicial adjustments;
(ii)
whose case is under the jurisdiction of the juvenile court; and
(iii)
in the custody of the division.
(b)
The system of responses shall include both sanctions and incentives that:
(i)
are swift and certain;
(ii)
include a continuum of community based responses for minors living at home;
(iii)
target a minor's criminogenic risks and needs, as determined by the results of a
validated risk and needs assessment under Section
80-6-606
, and the severity of
the violation; and
(iv)
authorize earned discharge credits as one incentive for compliance.
(c)
After considering the juvenile disposition guidelines, as defined in Section
63M-7-401.1
75E-4-101
, the system of appropriate responses under Subsections
(2)(a)
and (b) shall be developed.
(3)
(a)
A response to compliant or noncompliant behavior under Subsection
(2)
shall be
documented in the minor's case plan.
(b)
Documentation under Subsection
(3)(a)
shall include:
(i)
positive behaviors and incentives offered;
(ii)
violations and corresponding sanctions; and
(iii)
whether the minor has a subsequent violation after a sanction.
(4)
Before referring a minor to a juvenile court for judicial review, or to the authority if the
minor is under the jurisdiction of the authority, in response to a contempt filing under
Section
78A-6-353
or an order to show cause, a pattern of appropriate responses shall be
documented in the minor's case plan in accordance with Subsections
(3)(a)
and
(b)
.
(5)
Notwithstanding Subsection
(4)
, if a minor violates a protective order or an ex parte
protective order listed in Section
78B-7-803
, the violation may be filed directly with the
juvenile court.
Section 291. Section
80-6-804
is amended to read:
80-6-804
Effective
07/01/26
. Review and termination of secure care.
(1)
If a juvenile offender is ordered to secure care under Section
80-6-705
, the juvenile
offender shall appear before the authority within 45 days after the day on which the
juvenile offender is ordered to secure care for review of a treatment plan and to establish
parole release guidelines.
(2)
(a)
Except as provided in Subsections
(2)(b)
and
(2)(h)
, if a juvenile offender is
ordered to secure care under Section
80-6-705
, the authority shall set a presumptive
term of secure care for the juvenile offender from three to six months, but the
presumptive term may not exceed six months.
(b)
If a juvenile offender is ordered to secure care for a misdemeanor offense, the
authority may immediately release the juvenile offender on parole if there is a
treatment program available for the juvenile offender in a community-based setting.
(c)
Except as provided in Subsection
(2)(h)
, the authority shall release the juvenile
offender on parole at the end of the presumptive term of secure care unless:
(i)
termination would interrupt the completion of a treatment program determined to
be necessary by the results of a validated risk and needs assessment under Section
80-6-606
; or
(ii)
the juvenile offender commits a new misdemeanor or felony offense.
(d)
The authority shall determine whether a juvenile offender has completed a treatment
program under Subsection
(2)(c)(i)
by considering:
(i)
the recommendations of the licensed service provider for the treatment program;
(ii)
the juvenile offender's record in the treatment program; and
(iii)
the juvenile offender's completion of the goals of the treatment program.
(e)
Except as provided in Subsection
(2)(h)
, the authority may extend the length of
secure care and delay parole release for the time needed to address the specific
circumstance if one of the circumstances under Subsection
(2)(c)
exists.
(f)
The authority shall:
(i)
record the length of the extension and the grounds for the extension; and
(ii)
report annually the length and grounds of extension to the
commission
department
.
(g)
Records under Subsection
(2)(f)
shall be tracked in the data system used by the
juvenile court and the division.
(h)
If a juvenile offender is ordered to secure care for a misdemeanor offense, the
authority may not:
(i)
set a juvenile offender's presumptive term of secure care under Subsection
(2)(a)
that would result in a term of secure care that exceeds a term of incarceration for
an adult under Section
76-3-204
for the same misdemeanor offense; or
(ii)
extend the juvenile offender's term of secure care under Subsections
(2)(c)
and
(e)
if the extension would result in a term of secure care that exceeds the term of
incarceration for an adult under Section
76-3-204
for the same misdemeanor
offense.
(3)
(a)
If a juvenile offender is ordered to secure care, the authority shall set a
presumptive term of parole supervision, including aftercare services, from three to
four months, but the presumptive term may not exceed four months.
(b)
If the authority determines that a juvenile offender is unable to return home
immediately upon release, the juvenile offender may serve the term of parole:
(i)
in the home of a qualifying relative or guardian;
(ii)
at an independent living program contracted or operated by the division; or
(iii)
in a family-based setting with approval by the director or the director's designee
if the minor does not qualify for an independent living program due to age,
disability, or another reason or the minor cannot be placed with a qualifying
relative or guardian.
(c)
The authority shall release a juvenile offender from parole and terminate the
authority's jurisdiction at the end of the presumptive term of parole, unless:
(i)
termination would interrupt the completion of a treatment program that is
determined to be necessary by the results of a validated risk and needs assessment
under Section
80-6-606
;
(ii)
the juvenile offender commits a new misdemeanor or felony offense; or
(iii)
restitution has not been completed.
(d)
The authority shall determine whether a juvenile offender has completed a treatment
program under Subsection
(3)(c)(i)
by considering:
(i)
the recommendations of the licensed service provider;
(ii)
the juvenile offender's record in the treatment program; and
(iii)
the juvenile offender's completion of the goals of the treatment program.
(e)
If one of the circumstances under Subsection
(3)(c)
exists, the authority may delay
parole release only for the time needed to address the specific circumstance.
(f)
The authority shall:
(i)
record the grounds for extension of the presumptive length of parole and the
length of the extension; and
(ii)
report annually the extension and the length of the extension to the
commission
department
.
(g)
Records under Subsection
(3)(f)
shall be tracked in the data system used by the
juvenile court and the division.
(h)
If a juvenile offender leaves parole supervision without authorization for more than
24 hours, the term of parole shall toll until the juvenile offender returns.
(4)
Subsections
(2)
and
(3)
do not apply to a juvenile offender ordered to secure care for:
(a)
Section
76-5-103
, aggravated assault resulting in serious bodily injury to another;
(b)
Section
76-5-202
, aggravated murder or attempted aggravated murder;
(c)
Section
76-5-203
, murder or attempted murder;
(d)
Section
76-5-205
, manslaughter;
(e)
Section
76-5-206
, negligent homicide;
(f)
Section
76-5-207
, automobile homicide;
(g)
Section
76-5-207.5
, automobile homicide involving using a wireless communication
device while operating a motor vehicle;
(h)
Section
76-5-208
, child abuse homicide;
(i)
Section
76-5-209
, homicide by assault;
(j)
Section
76-5-302
, aggravated kidnapping;
(k)
Section
76-5-405
, aggravated sexual assault;
(l)
a felony violation of Section
76-6-103
, aggravated arson;
(m)
Section
76-6-203
, aggravated burglary;
(n)
Section
76-6-302
, aggravated robbery;
(o)
Section
76-11-210
, felony discharge of a firearm;
(p)
(i)
an offense other than an offense listed in Subsections
(4)(a)
through
(o)
involving the use of a dangerous weapon, as defined in Section
76-1-101.5
, that is
a felony; and
(ii)
the juvenile offender has been previously adjudicated or convicted of an offense
involving the use of a dangerous weapon, as defined in Section
76-1-101.5
; or
(q)
an offense other than an offense listed in Subsections
(4)(a)
through
(p)
and the
juvenile offender has been previously ordered to secure care.
Section 292. Section
80-6-907
is amended to read:
80-6-907
Effective
07/01/26
. Youth Court Board -- Membership --
Responsibilities.
(1)
The Youth Court Board shall be comprised of the following members:
(a)
the Utah attorney general or the attorney general's designee;
(b)
one prosecuting attorney appointed by the Utah Prosecution Council;
(c)
one criminal defense attorney appointed by the Utah Association of Criminal
Defense Attorneys;
(d)
one juvenile court judge appointed by the Board of Juvenile Court Judges;
(e)
the juvenile court administrator or the administrator's designee;
(f)
the
executive director
commissioner
of the
commission
Department of Criminal
Justice
or the
executive director's
commissioner's
designee;
(g)
the state superintendent of education or the state superintendent's designee;
(h)
two representatives, appointed by the Utah Youth Court Association, from youth
courts based primarily in schools;
(i)
two representatives, appointed by the Utah Youth Court Association, from youth
courts based primarily in communities;
(j)
one member from the law enforcement community appointed by the Youth Court
Board;
(k)
one member from the community at large appointed by the Youth Court Board; and
(l)
the president of the Utah Youth Court Association.
(2)
The Office of the Attorney General shall provide staff support and assistance to the
Youth Court Board.
(3)
The members selected to fill the positions in Subsections
(1)(a)
through
(g)
shall jointly
select the members to fill the positions in Subsections
(1)(h)
through
(k)
.
(4)
Members shall serve two-year staggered terms beginning July 1, 2012, except the initial
terms of the members designated by Subsections
(1)(b)
,
(c)
,
(d)
,
(j)
, and
(k)
and one of
the members from Subsections
(1)(h)
and
(i)
shall serve two-year terms, but may be
reappointed for a full four-year term upon the expiration of the member's initial term.
(5)
The Youth Court Board shall meet at least quarterly to:
(a)
set minimum standards for the establishment of a youth court, including an
application process, membership and training requirements, and the qualifications for
the adult coordinator;
(b)
review certification applications; and
(c)
provide for a process to recertify each youth court every three years.
(6)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
Youth Court Board shall make rules to accomplish the requirements of Subsection
(4)
.
(7)
The Youth Court Board may deny certification, recertification, or withdraw the
certification of any youth court for failure to comply with program requirements.
(8)
A member may not receive compensation or benefits for the member's service, but may
receive per diem and travel expenses in accordance with:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance in accordance with Sections
63A-3-106
and
63A-3-107
.
(9)
The Youth Court Board shall provide a list of certified youth courts to the Board of
Juvenile Court Judges, all law enforcement agencies in the state, all school districts, and
the Utah Prosecution Council by October 1 of each year.
Section 293. Section
81-13-205
is amended to read:
81-13-205
Effective
07/01/26
. Petition to terminate parental rights of a minor
child.
(1)
A party may bring a petition seeking to terminate parental rights of a minor child for the
purpose of facilitating the adoption of the minor child in a court with jurisdiction under
Title 78A, Judiciary and Judicial Administration
.
(2)
A petition to terminate parental rights under this section may be:
(a)
joined with a proceeding on an adoption petition; or
(b)
filed as a separate proceeding before or after a petition to adopt the minor child is
filed.
(3)
A court may enter a final order terminating parental rights before a final decree of
adoption is entered.
(4)
(a)
Nothing in this section limits the jurisdiction of a juvenile court relating to
proceedings to terminate parental rights as described in Section
78A-6-103
.
(b)
A court may not terminate parental rights of a minor child if the minor child is under
the jurisdiction of the juvenile court in a pending abuse, neglect, dependency, or
termination of parental rights proceeding.
(5)
The court may terminate an individual's parental rights of a minor child if:
(a)
the individual executes a voluntary consent to adoption, or relinquishment for
adoption, of the minor child, in accordance with:
(i)
the requirements of this chapter; or
(ii)
the laws of another state or country, if the consent is valid and irrevocable;
(b)
the individual is an unmarried biological father who is not entitled to consent to
adoption, or relinquishment for adoption, under Section
81-13-212
or
81-13-213
;
(c)
the individual:
(i)
received notice of the adoption proceeding relating to the minor child under
Section
81-13-207
; and
(ii)
failed to file a motion for relief, under Subsection
81-13-207(6)
, within 30 days
after the day on which the individual was served with notice of the adoption
proceeding;
(d)
the court finds, under Section
81-5-607
, that the individual is not a parent of the
minor child; or
(e)
the individual's parental rights are terminated on grounds described in Title 80,
Chapter 4, Termination and Restoration of Parental Rights, and termination is in the
best interests of the minor child.
(6)
The court shall appoint an indigent defense service provider in accordance with Title
78B, Chapter 22, Indigent Defense Act, to represent a parent, as defined in Section
81-13-211
, who faces any action initiated by a private party under Title 80, Chapter 4,
Termination and Restoration of Parental Rights, or whose parental rights are subject to
termination under this section.
(7)
If a county incurs expenses in providing indigent defense services to an indigent
individual facing any action initiated by a private party under Title 80, Chapter 4,
Termination and Restoration of Parental Rights, or termination of parental rights under
this section, the county may apply for reimbursement from the
Utah
Indigent Defense
Commission in accordance with Section
78B-22-406
75E-9-203
.
(8)
A petition filed under this section is subject to the procedural requirements of this
chapter.
Section 294.
Repealer.
Definitions.
Software service required to be compatible with public safety
portal.
Pilot program of competency-based career and technical education
grants.
Title.
Duties of the office.
Limitation of reparations awards.
Reparations reduction.
Collateral sources.
Waiver of privilege.
Failure to comply.
Emergency reparations award.
Review of reparations award decision.
Staff -- Contract with third party.
Short title.
Short title.
Retention and destruction of records.
Rulemaking.
Section 295.
Effective Date.
This bill takes effect on
July 1, 2026
.
Section 296.
Coordinating S.B. 323 with H.B. 122.
If S.B. 323, Criminal and Juvenile Justice Recodification, and H.B. 122, Pregnant and
Postpartum Inmate Amendments, both pass and become law, the Legislature intends that, on
July 1, 2026, the amendments to Subsections 64-13-45(3) and (4) in S.B. 323 supersede the
amendments to those subsections in H.B. 122.
Section 297.
Coordinating S.B. 323 with H.B. 220.
If S.B. 323, Criminal and Juvenile Justice Recodification, and H.B. 220, Public Safety
Data Amendments, both pass and become law, the Legislature intends that, on July 1, 2026:
(1) Subsection 53-5a-602(8)(d)(iii) in H.B. 220 be amended to read:
"
(iii) submit the compilation to the
Law Enforcement and Criminal Justice Interim
Committee Law Enforcement and Criminal Interim Committee
Department of Criminal
Justice created in Section 75E-2-102
before November 1 of each year.
";
(2) Section 53-10-910 in H.B. 220 be amended to read:
"
The Department of Public Safety and the Utah Bureau of Forensic Services shall
report by July 31 of each year to
the Department of Criminal Justice,
the Law Enforcement
and Criminal Justice Interim Committee
,
and the Criminal Justice Appropriations
Subcommittee regarding:
(1) the timelines set for testing all sexual assault kits submitted to the Utah Bureau
of Forensic Services as provided in Subsection 53-10-903(2);
(2) the goals established in Section 53-10-909;
(3) the status of meeting those goals;
(4) the number of sexual assault kits that are sent to the Utah Bureau of Forensic
Services for testing;
(5) the number of restricted kits held by law enforcement;
(6) the number of sexual assault kits that are not processed in accordance with the
timelines established in this part; and
(7) future appropriations requests that will ensure that all DNA cases can be
processed according to the timelines established by this part.
";
(3) Subsection 53H-7-603(2)(c) enacted in H.B. 220 be amended to read:
"(c) on or before November 1 of each year, provide the crime statistics aggregated by
housing facility as described in Subsection (2)(a) to the Department of Criminal Justice created
in Section 75E-2-102.";
(4) Subsection 63A-16-1002(4) in H.B. 220 be amended to read:
"
(4) The public safety portal shall be the repository for
the statutorily required data
described in
:
(a)
recidivism data described in
Section 13-53-111
, Recidivism reporting
requirements
;
(b)
county jail data described in
Section 17-72-408
, County jail reporting
requirements
;
(c)
criminal justice coordinating council data described in
Section 17E-2-201
,
Criminal Justice Coordinating Councils reporting
;
(d)
data from the Alcohol Abuse Tracking Committee as described in
Section
26B-1-427
, Alcohol Abuse Tracking Committee
;
(e)
DUI related data described in
Section 41-6a-511
, Courts to collect and
maintain data
;
(f) data of attempted weapons purchases by restricted persons described in Section
53-5a-602;
(f)
(g)
driving under the influence crash and arrest data, as described in
Section
53-10-118
, Regarding driving under the influence data
;
(h) sexual assault kits data described in Section 53-10-910;
(g) Section 53-25-301, Reporting requirements for reverse-location warrants;
(h)
(i)
sexual assault offense data described in
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) reverse-location warrant data described in Section 53-25-301;
(j)
(k)
seized firearm data described in
Section 53-25-501
, Reporting
requirements for seized firearms
;
(k)
(l)
firearm data described in
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;
(m) the school disciplinary and law enforcement action report described in Section
53E-3-516;
(n) data regarding crime statistics on student housing as described in Section
53H-7-603;
(q)
(o)
data described in
Section 64-13-25,
Standards for programs
relating to
programs developed by the Department of Corrections
;
(r)
(p)
inmate data described in
Section 64-13-45
, Department reporting
requirements
;
(q) data regarding sexual assaults in correctional facilities described in Section
64-13-47;
(s)
(r)
the county reports described in
Section 64-13e-104
, County correctional
facility reimbursement program for state probationary inmates and state parole inmates
;
(s) sentenced offender data described in Section 64-14-204;
(t) data from the multi-agency strike force to combat violent and other major
felony crimes described in Section 67-5-22.7;
(u) prosecutorial agency data for each criminal case as described in Section
75E-2-205;
(v) prosecutorial agency data for the previous calendar year as described in
Section 75E-2-206;
(w) domestic violence data described in Section 75E-2-208;
(x) law enforcement agency grant reports described in Section 75E-2-302;
(y) the Prosecutor Conduct Commission report described in Section 75E-8-205;
(t)
(z)
tactical group data described in
Section 77-7-8.5
, Use of tactical groups
;
(u)
(aa)
forfeiture data described in
Section 77-11b-404
, Forfeiture reporting
requirements
;
(v)
(bb)
release data described in
Section 77-20-103
, Release data requirements
;
(w)
(cc)
court order data described in
Section 77-22-2.5
, Court orders for
criminal investigations
;
(dd) metrics from the Board of Pardons and Parole described in Section 77-27-32;
(x)
(ee)
court data described in
Section 78A-2-109.5
, Court data collection on
criminal cases
;
(ff) data regarding sexual assaults in secure care and detention facilities described
in Section 80-5-202;
(y)
(
gg)
data on offenses committed by minors submitted under
Section 80-6-104
,
Data collection on offenses committed by minors
; and
(z)
(hh)
any other statutes that require the collection of specific data and the
reporting of that data to the
commission
department
.
";
(5) Subsection 63G-2-201(15) enacted in H.B. 220 be amended to read:
"(15) Notwithstanding any other provision of this chapter, the Department of
Criminal Justice created in Section 75E-2-102:
(a) is not required to provide a record in response to a record request that requests
records received by the Department of Criminal Justice under Section 75E-2-210; and
(b) shall inform the person making a record request for a record described in
Subsection (15)(a) of the governmental entity from which the Department of Criminal Justice
received the record.";
(6) Subsection 64-13-47(4)(b) in H.B. 220 be amended to read:
"
(b) annually report the data described in Subsection (4)(a) to the
Law Enforcement
and Criminal Justice Interim Committee
Department of Criminal Justice created in Section
75E-2-102
.
";
(7) Subsection 67-5-22.7(6) in H.B. 220 be amended to read:
"
(6) The strike force shall make an annual report on
its
the strike force's
activities to
the governor
and
, the Department of Criminal Justice, and
the
Legislature's
Law
Enforcement and Criminal Justice Interim Committee by December 1, together with any
proposed recommendations for modifications to this section.
";
(8) the amendments to Section 75E-8-205 (renumbered from Section 63M-7-1106) in
S.B. 323 supersede the amendments to Section 63M-7-1106 in H.B. 220;
(9) the changes in S.B. 323 to Subsection 77-27-32(2) be deleted;
(10) Subsection 77-27-32(3) enacted in H.B. 220 be amended to read:
"On or before November 1 of each year, the board shall submit the metrics described
in Subsection (1) to the Department of Criminal Justice."; and
(11) Subsection 80-5-202(5) in H.B. 220 be amended to read:
"
The division shall annually report the data described in
Section
Subsection
(4)(f) to
the
Law Enforcement and Criminal Justice Interim Committee
Department of Criminal Justice
.
".
Section 298.
Coordinating S.B. 323 with H.B. 271.
If S.B. 323, Criminal and Juvenile Justice Recodification, and H.B. 271, Multi-Agency
Joint Strike Force Modifications, both pass and become law, the Legislature intends that, on
July 1, 2026, Subsection 63A-16-1002(4)(t) enacted in H.B. 271 be amended to read:
"(t) data regarding catalytic converter thefts and arrests described in Section 67-5-37;".
Section 299.
Coordinating S.B. 323 with H.B. 230.
If S.B. 323, Criminal and Juvenile Justice Recodification, and H.B. 230, Offender
Amendments, both pass and become law, the Legislature intends that, on July 1, 2026, the
reference to the term "State Commission on Criminal and Juvenile Justice" in Subsection
64-14-203(1)(l) enacted in H.B. 230 be changed to "Department of Criminal Justice".
Section 300.
Coordinating S.B. 323 with S.B. 13.
If S.B. 323, Criminal and Juvenile Justice Recodification, and S.B. 13, Statutorily
Required Reports and Presentations Amendments, both pass and become law, the Legislature
intends that, on July 1, 2026:
(1) the amendments to Section 13-53-111 in S.B. 323 supersede the amendments to that
section in S.B. 13;
(2) Subsection 63M-7-405(1)(b) in S.B. 13 be amended to read:
"(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 department; and
(iii) publish the annual offense report on the department's website.";
(3) Subsection 63M-7-405(2)(a)(iii) in S.B. 13 be amended to read:
"
(iii) update the guide described in Subsection (2)(a)(ii) annually
and publish the
guide on the department's website
.
";
(4) the amendments to Section 75E-2-303 (renumbered from Section 63M-7-218) in
S.B. 323 supersede the amendments to Section 63M-7-218 in S.B. 13;
(5) Section 63I-1-280 in S.B. 13 be amended to read:
"Subsections 80-6-104(5) and (6), regarding a report from the Department of
Criminal Justice, is repealed January 1, 2029.";
(6) Subsection 75E-2-205(5) (renumbered from Subsection 63M-7-216(5)) in S.B. 323
be amended to read:
"
(5) The
commission
department
shall include in the plan required by Subsection
63M-7-204(1)(k)
75E-2-202(8)
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.
"; and
(7) Subsection 75E-2-202(18) enacted in S.B. 323 be deleted and the remaining
subsections renumbered accordingly.
Section 301.
Coordinating S.B. 323 with H.B. 34.
If S.B. 323, Criminal and Juvenile Justice Recodification, and H.B. 34, Victim Rights
Amendments, both pass and become law, the Legislature intends that, on July 1, 2026:
(1) Subsection 63M-7-1001(2) enacted in H.B. 34 be amended to read:
"(2) "Coordinator" means the individual designated by the commissioner as described
in Section 75E-6-303.";
(2) Section 63M-7-1002.5 enacted in H.B. 34 be renumbered to Section 75E-6-303 and
replaced with the following language:
"The commissioner shall designate an individual to:
(1) provide administrative assistance to each committee; and
(2) receive and process complaints as described in Section 75E-6-304.";
(3) Section 75E-6-303 (renumbered from Section 63M-7-1003) in S.B. 323 be
renumbered to Section 75E-6-304; and
(4) the term "Victim Services Commission" in Subsection 63M-7-1003(1)(a) enacted in
H.B. 34 be replaced with the term "commission".
Section 302.
Coordinating S.B. 323 with H.B. 48.
If S.B. 323, Criminal and Juvenile Justice Recodification, and H.B. 48, Criminal and
Juvenile Justice Changes, both pass and become law, the Legislature intends that, on July 1,
2026:
(1) the changes in H.B. 48 to Section 63M-7-101.5 be deleted;
(2) Section 75E-2-201 enacted in S.B. 323 be amended to read:
"
75E-2-201 (Effective 07/01/26). Definitions for part
.
As used in this part:
(1) "Alternative recidivism metric" includes:
(a) the number of individuals who are incarcerated in a county jail or a state
correctional facility:
(i) within three years after the day on which the individuals are released
from incarceration in a county jail or state correctional facility for a prior conviction; and
(ii) due to:
(A) a subsequent conviction; or
(B) an arrest for:
(I) a felony offense; or
(II) a misdemeanor offense when an element of the misdemeanor
offense is the use or attempted use of physical force against an individual or property; and
(b) a recidivism measurement reported to the commission under Subsection
75E-2-203(3).
(2) "Commission" means the Commission on Criminal and Juvenile Justice
created in Section 75E-3-102.
(3) "Desistance" means an individual's abstinence from further criminal
activity after a previous criminal conviction.
(4) "Intervention" means a program, sanction, supervision, or event that may
impact recidivism.
(5) "Recidivism" means a return to criminal activity after a previous criminal
conviction.
(6) "Recidivism standard metric" means the number of individuals who are
returned to prison for a new conviction within three years after the day on which the
individuals were released from prison.";
(3) the term "commission" in Subsection 63M-7-208(2) in H.B. 48 be replaced with
"department"; and
(4) the changes to Subsection 75E-2-207(4) (renumbered from Subsection
63M-7-208(4)) in S.B. 323 supersede the changes to Subsection 63M-7-208(5) in H.B. 48.
Section 303.
Coordinating S.B. 323 with H.B. 188.
If S.B. 323, Criminal and Juvenile Justice Recodification, and H.B. 188, Juvenile Justice
Amendments, both pass and become law, the Legislature intends that, on July 1, 2026:
(1) the term "commission" in Subsection 63M-7-208(2) in H.B. 188 be replaced with
"department"; and
(2) the changes to Subsection 75E-2-207(4) (renumbered from Subsection
63M-7-208(4)) in S.B. 323 supersede the changes to Subsection 63M-7-208(5) in H.B. 188.
Section 304.
Coordinating S.B. 323 with H.B. 274.
If S.B. 323, Criminal and Juvenile Justice Recodification, and H.B. 274, Sentencing
Amendments, both pass and become law, the Legislature intends that, on July 1, 2026, Section
63M-7-401.2 in H.B. 274 and Section 75E-4-102 (renumbered from Subsection 63M-7-401.2)
in S.B. 323 be amended to read:
"
63M-7-401.2
75E-4-102
. Creation -- Members -- Appointment -- Qualifications
.
(1) There is created the sentencing commission
, within the commission, that is
composed of 15 voting members
within the department
.
(2) The sentencing commission shall:
(a) develop
by-laws
bylaws
and rules in compliance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act; and
(b) elect the sentencing commission's officers.
(3)
(a) The sentencing commission is composed of 17 voting members.
(b)
The sentencing commission's members
shall be
are
:
(a)
(i)
the executive director of the Department of Corrections or the executive
director's designee;
(b)
(ii)
the director of the Division of Juvenile Justice and Youth Services or the
director's designee;
(c)
(iii)
the executive director of the commission or the executive director's
designee;
(d)
(iv)
the chair of the Board of Pardons and Parole or the chair's designee;
(e)
(v)
the state court administrator or the state court administrator's designee;
(f) a criminal defense attorney, appointed by the Utah Association of Criminal
Defense Lawyers;
(g) an indigent defense attorney, appointed by the Indigent Defense Commission;
(vi) three criminal defense attorneys, appointed by the Utah Association of
Criminal Defense Lawyers, with at least one being a criminal defense attorney in a rural
county;
(h)
(vii)
the attorney general or the attorney general's designee;
(viii) three criminal prosecuting attorneys, appointed by the Statewide
Association of Public Attorneys and Prosecutors, with at least one being a criminal prosecuting
attorney in a rural county;
(i) a criminal prosecutor, appointed by the Statewide Association of Public
Attorneys and Prosecutors;
(j) a representative of the Utah Sheriff's Association appointed by the governor;
(ix) two representatives of the Utah Sheriffs Association, appointed by the Utah
Sheriffs Association, with at least one being a representative of a sheriff from a rural county;
(x) one representative of the Utah Chiefs of Police Association, appointed by the
Utah Chiefs of Police Association;
(k)
(xi)
a licensed professional
an individual
, appointed by the governor, who
assists in the rehabilitation of individuals convicted of an offense;
and
(l)
(xii)
the chair of the Utah Victim Services Commission or a member of the
Utah Victim Services Commission designated by the chair
;
.
(m) the chair of the Juvenile Justice Oversight Committee or a member of the
Juvenile Justice Oversight Committee designated by the chair;
(n) a juvenile prosecuting attorney, appointed by the Statewide Association of
Public Attorneys and Prosecutors; and
(o) a juvenile defense attorney, appointed by the Utah Association of Criminal
Defense Lawyers.
(4) In addition to the members described in Subsection (3), the following may serve
as
non-voting
nonvoting
members:
(a) a district court judge appointed by the Judicial Council;
and
(b) a juvenile district court judge appointed by the Judicial Council
.
; and
(c) the chair of the Juvenile Justice Oversight Committee or a member of the
Juvenile Justice Oversight Committee designated by the chair.
(5) The executive director of the commission shall hire a director of the sentencing
commission to administer and manage the sentencing commission.
".
Section 305.
Coordinating S.B. 323 with S.B. 233.
If S.B. 323, Criminal and Juvenile Justice Recodification, and S.B. 233, Judicial
Performance Evaluation Amendments, both pass and become law, the Legislature intends that,
on July 1, 2026:
(1) the changes to Subsection 78A-12-201(1)(e) in S.B. 323 supersede the changes to
Subsection 78A-12-103(1)(e) (renumbered from Subsection 78A-12-201(1)(e)) in S.B. 233;
and
(2) the changes to Subsection 78A-12-202(4) in S.B. 323 supersede the changes to
Subsection 78A-12-104(4) (renumbered from Subsection 78A-12-202(4)) in S.B. 233.
Section 306.
Coordinating S.B. 323 with S.B. 313.
If S.B. 323, Criminal and Juvenile Justice Recodification, and S.B. 313, Recidivism
Amendments, both pass and become law, the Legislature intends that, on July 1, 2026, the
changes to Subsection 64-14-302(3)(c) in S.B. 313 supersede the changes to Subsection
64-14-302(3)(c) in S.B. 323.
Section 307.
Coordinating S.B. 323 with S.B. 86.
If S.B. 323, Criminal and Juvenile Justice Recodification, and S.B. 86, Firearm Safe
Harbor Amendments, both pass and become law, the Legislature intends that, on July 1, 2026,
the references to the term "State Commission on Criminal and Juvenile Justice" in Subsection
53-5a-502(7) enacted in S.B. 86 be changed to "Department of Criminal Justice".
Section 308.
Coordinating S.B. 323 with H.B. 90.
If S.B. 323, Criminal and Juvenile Justice Recodification, and H.B. 90, Sexual Offenses
Amendments, both pass and become law, the Legislature intends that, on July 1, 2026,
Subsection 75E-3-101(3)(b) (renumbered from Section 63M-7-101.5) in S.B. 323 be omitted.
Section 309.
Coordinating S.B. 323 with H.B. 137.
If S.B. 323, Criminal and Juvenile Justice Recodification, and H.B. 137, Violent Crime
Clearance Rate Amendments, both pass and become law, the Legislature intends that, on July
1, 2026:
(1) all occurrences of the term "commission" in Section 63M-7-215.1 enacted in H.B.
137 be replaced with "department";
(2) Section 63M-7-215.1 enacted in H.B. 137 be renumbered to Section 75E-2-307; and
(3) the appropriation in Section 3 of H.B. 137 be amended to read:
"
Section 3.
FY 2027 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1,
2026, and ending June 30, 2027. These are additions to amounts previously appropriated for
fiscal year 2027.
Subsection 3(a).
Operating and Capital Budgets
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
Legislature appropriates the following sums of money from the funds or accounts indicated for
the use and support of the government of the state of Utah.
ITEM 1To Governor's Office -
Commission on Criminal and Juvenile Justice
Department of Criminal Justice
From Violent Crime Clearance Rate Fund
250,000
Schedule of Programs:
CCJJ Commission
Commissioner's Office
250,000
.".
Section 310.
Coordinating S.B. 323 with S.B. 145.
If S.B. 323, Criminal and Juvenile Justice Recodification, and S.B. 145, Lobbying
Amendments, both pass and become law, the Legislature intends that, on July 1, 2026, the
changes to Subsection 53-1-106(1)(e) in S.B. 323 supersede the changes to Subsection
53-1-106(1)(e) in S.B. 145.
Section 311.
Coordinating S.B. 323 with H.B. 72.
If S.B. 323, Criminal and Juvenile Justice Recodification, and H.B. 72, Criminal Use of
Cryptocurrency Amendments, both pass and become law, the Legislature intends that, on July
1, 2026:
(1) Section 53-6-102 in H.B. 72 be amended to read:
"
53-6-102. Definitions.
As used in this chapter:
(1) "Addiction" means the unlawful or habitual use of alcohol or a controlled
substance which endangers public health and safety.
(2) "Certified academy" means a peace officer training institution certified in
accordance with the standards developed under Section 53-6-105.
(3) "Council" means the Peace Officer Standards and Training Council created in
Section 53-6-106.
(4)
(3)
"Conviction" means an adjudication of guilt regarding criminal conduct,
including:
(a) a finding of guilt by a court or a jury;
(b) a guilty plea;
(c) a plea of nolo contendere;
(d) a plea which is held in abeyance pending the successful completion of:
(i) a probationary period; or
(ii) a diversion agreement; or
(e) a conviction which has been expunged or dismissed.
(4) "Council" means the Peace Officer Standards and Training Council created in
Section 53-6-106.
(5) "Cryptocurrency" means a digital asset that functions as a medium of
exchange, a unit of account, or a store of value, and is secured by cryptography.
(6) "Cryptocurrency investigation" means a law enforcement investigation
involving the tracing, analysis, or recovery of cryptocurrency or digital assets.
(7) "Department" means the Department of Criminal Justice created in Section
75E-2-102.
(8) "Digital asset" means the same as that term is defined in Section 13-62-101.
(5)
(9)
"Director" means the director of the Peace Officer Standards and Training
Division appointed under Section 53-6-104.
(6)
(10)
"Dispatcher" means an employee of a public safety agency of the state or
any of its political subdivisions and whose primary duties are to:
(a) (i) receive calls for one or a combination of, emergency police, fire, and
medical services, and to dispatch the appropriate personnel and equipment in response to the
calls; and
(ii) in response to emergency calls, make urgent decisions affecting the life,
health, and welfare of the public and public safety employees; or
(b) supervise dispatchers or direct a dispatch communication center.
(7)
(11)
"Division" means the Peace Officer Standards and Training Division
created in Section 53-6-103.
(8)
(12)
"POST" means the division.
"; and
(2) all occurrences of the term "commission" in Section 53-32-102 enacted in H.B. 72 be
replaced with "department".
Section 312.
Coordinating S.B. 323 with S.B. 35.
If S.B. 323, Criminal and Juvenile Justice Recodification, and S.B. 35, Amendments to
Interdisciplinary Parental Representation Pilot Program, both pass and become law, the
Legislature intends that, on July 1, 2026, Subsection 63I-1-275(3), enacted in S.B. 323, be
amended to read:
"(3) Section 75E-10-505, Interdisciplinary Parental Representation Pilot Program, is
repealed December 31, 2031.".
3-12-26 2:36 PM