12-18 17:28 H.B. 35
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Sex, Kidnap, and Child Abuse Offender Registry Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
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LONG TITLE
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Committee Note:
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The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
6 Legislative Vote:12 voting for0 voting against6 absent
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General Description:
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This bill amends provisions related to the Sex, Kidnap, and Child Abuse Offender Registry.
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Highlighted Provisions:
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This bill:
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▸ clarifies that the Department of Corrections is the agency that supervises sex offenders
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who are placed on probation;
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▸ amends when the Department of Corrections or a county sheriff is required to register an
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offender on the Sex, Kidnap, and Child Abuse Offender Registry;
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▸ requires the Department of Corrections to conduct a risk assessment for every individual
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convicted of a sex offense that would require the individual to register on the Sex,
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Kidnap, and Child Abuse Offender Registry;
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▸ requires the Department of Corrections, until January 1, 2030, to submit the results of risk
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assessments for sex offenders to the State Commission on Criminal and Juvenile Justice;
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and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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63I-2-277, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
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64-13-21, as last amended by Laws of Utah 2024, Chapter 16
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77-41-104, as last amended by Laws of Utah 2023, Chapter 128
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ENACTS: H.B. 35 12-18 17:28
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77-41-115, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 63I-2-277 is amended to read:
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63I-2-277 . Repeal dates: Title 77.
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(1) Subsection 77-23f-102(2)(a)(ii), regarding a notice for certain reverse-location search
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warrant applications, is repealed January 1, 2033.
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(2) Subsection 77-23f-103(2)(a)(ii), regarding a notice for certain reverse-location search
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warrant applications, is repealed January 1, 2033.
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(3) Subsection 77-41-115(2), regarding the requirement for the Department of Corrections
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to submit the results of risk assessments for sex offenders to the State Commission on
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Criminal and Juvenile Justice, is repealed January 1, 2030.
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Section 2. Section 64-13-21 is amended to read:
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64-13-21 . Supervision of sentenced offenders placed in community --
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Rulemaking -- POST certified parole or probation officers and peace officers -- Duties --
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Supervision fee.
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(1)(a) The department, except as otherwise provided by law, shall supervise a sentenced
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offender placed in the community if the offender:
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(i)(A) is placed on probation by a court;
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(B) is released on parole by the Board of Pardons and Parole; or
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(C) is accepted for supervision under the terms of the Interstate Compact for the
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Supervision of Parolees and Probationers; and
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(ii) has been convicted of:
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(A) a felony;
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(B) a class A misdemeanor when an element of the offense is the use or attempted
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use of physical force against an individual or property;
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(C) a class A misdemeanor when the offense would require the offender to
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register as a sex offender under Title 77, Chapter 41, Sex, Kidnap, and Child
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Abuse Offender Registry; or
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[(C)] (D) [notwithstanding Subsection (1)(a)(ii)(B), ]a class A misdemeanor if the
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department is ordered by a court to supervise the offender under Section
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77-18-105.
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(b) If a sentenced offender participates in substance use treatment or a residential,
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vocational and life skills program, as defined in Section 13-53-102, while under
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supervision on probation or parole, the department shall monitor the offender's
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compliance with and completion of the treatment or program.
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(c) The department shall establish standards for:
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(i) the supervision of offenders in accordance with sentencing guidelines and
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supervision length guidelines, including the graduated and evidence-based
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responses, established by the Utah Sentencing Commission, giving priority, based
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on available resources, to felony offenders and offenders sentenced under
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Subsection 58-37-8 (2)(b)(ii); and
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(ii) the monitoring described in Subsection (1)(b).
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(2) The department shall apply the graduated and evidence-based responses established by
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the Utah Sentencing Commission to facilitate a prompt and appropriate response to an
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individual's violation of the terms of probation or parole, including:
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(a) sanctions to be used in response to a violation of the terms of probation or parole; and
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(b) requesting approval from the court or Board of Pardons and Parole to impose a
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sanction for an individual's violation of the terms of probation or parole, for a period
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of incarceration of not more than three consecutive days and not more than a total of
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six days within a period of 30 days.
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(3) The department shall implement a program of graduated incentives as established by the
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Utah Sentencing Commission to facilitate the department's prompt and appropriate
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response to an offender's:
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(a) compliance with the terms of probation or parole; or
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(b) positive conduct that exceeds those terms.
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(4)(a) The department shall, in collaboration with the State Commission on Criminal
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and Juvenile Justice and the Division of Substance Abuse and Mental Health, create
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standards and procedures for the collection of information, including cost savings
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related to recidivism reduction and the reduction in the number of inmates, related to
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the use of the graduated and evidence-based responses and graduated incentives, and
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offenders' outcomes.
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(b) The collected information shall be provided to the State Commission on Criminal
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and Juvenile Justice not less frequently than annually on or before August 31.
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(5) Employees of the department who are POST certified as law enforcement officers or
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correctional officers and who are designated as parole and probation officers by the
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executive director have the following duties:
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(a) monitoring, investigating, and supervising a parolee's or probationer's compliance
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with the conditions of the parole or probation agreement;
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(b) investigating or apprehending any offender who has escaped from the custody of the
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department or absconded from supervision;
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(c) supervising any offender during transportation; or
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(d) collecting DNA specimens when the specimens are required under Section 53-10-404.
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(6)(a)(i) A monthly supervision fee of $30 shall be collected from each offender on
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probation or parole.
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(ii) The fee described in Subsection (6)(a)(i) may be suspended or waived by the
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department upon a showing by the offender that imposition would create a
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substantial hardship or if the offender owes restitution to a victim.
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(b)(i) The department shall make rules in accordance with Title 63G, Chapter 3,
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Utah Administrative Rulemaking Act, specifying the criteria for suspension or
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waiver of the supervision fee and the circumstances under which an offender may
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request a hearing.
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(ii) In determining whether the imposition of the supervision fee would constitute a
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substantial hardship, the department shall consider the financial resources of the
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offender and the burden that the fee would impose, with regard to the offender's
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other obligations.
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(7)(a) For offenders placed on probation under Section 77-18-105 or parole under
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Subsection 76-3-202(2)(a) on or after October 1, 2015, but before January 1, 2019,
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the department shall establish a program allowing an offender to earn credits for the
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offender's compliance with the terms of the offender's probation or parole, which
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shall be applied to reducing the period of probation or parole as provided in this
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Subsection (7).
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(b) The program shall provide that an offender earns a reduction credit of 30 days from
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the offender's period of probation or parole for each month the offender completes
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without any violation of the terms of the offender's probation or parole agreement,
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including the case action plan.
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(c) The department shall maintain a record of credits earned by an offender under this
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Subsection (7) and shall request from the court or the Board of Pardons and Parole
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the termination of probation or parole not fewer than 30 days prior to the termination
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date that reflects the credits earned under this Subsection (7).
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(d) This Subsection (7) does not prohibit the department from requesting a termination
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date earlier than the termination date established by earned credits under Subsection
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(7)(c).
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(e) The court or the Board of Pardons and Parole shall terminate an offender's probation
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or parole upon completion of the period of probation or parole accrued by time
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served and credits earned under this Subsection (7) unless the court or the Board of
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Pardons and Parole finds that termination would interrupt the completion of a
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necessary treatment program, in which case the termination of probation or parole
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shall occur when the treatment program is completed.
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(f) The department shall report annually to the State Commission on Criminal and
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Juvenile Justice on or before August 31:
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(i) the number of offenders who have earned probation or parole credits under this
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Subsection (7) in one or more months of the preceding fiscal year and the
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percentage of the offenders on probation or parole during that time that this
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number represents;
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(ii) the average number of credits earned by those offenders who earned credits;
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(iii) the number of offenders who earned credits by county of residence while on
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probation or parole;
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(iv) the cost savings associated with sentencing reform programs and practices; and
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(v) a description of how the savings will be invested in treatment and
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early-intervention programs and practices at the county and state levels.
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Section 3. Section 77-41-104 is amended to read:
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77-41-104 . Registration of offenders -- Department and agency requirements.
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(1) The Department of Corrections shall register an offender in the custody of the
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Department of Corrections as required under this chapter upon:
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(a) placement on probation;
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(b) commitment to a secure correctional facility operated by or under contract to the
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Department of Corrections or escape from a secure correctional facility operated by
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or under contract to the Department of Corrections;
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(c) release from confinement to parole status, termination or expiration of sentence, or [
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escape] absconding from supervision;
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(d) entrance to and release from any community-based residential program operated by
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or under contract to the Department of Corrections; or
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(e) termination of probation or parole.
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(2) The sheriff of the county in which an offender is confined shall register an offender with
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the department, as required under this chapter, if the offender is not in the custody of the
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Department of Corrections and is confined in a correctional facility not operated by or
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under contract to the Department of Corrections upon:
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(a) commitment to the correctional facility;[ and]
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(b) escape from the secure correctional facility; or
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[(b)] (c) release from confinement.
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(3) The division shall register an offender in the custody of the division with the
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department, as required under this chapter, before the offender's release from custody of
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the division.
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(4) A state mental hospital shall register an offender committed to the state mental hospital
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with the department, as required under this chapter, upon the offender's admission and
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upon the offender's discharge.
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(5)(a)(i) A municipal or county law enforcement agency shall register an offender
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who resides within the agency's jurisdiction and is not under the supervision of the
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Division of Adult Probation and Parole within the Department of Corrections.
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(ii) In order to conduct offender registration under this chapter, the agency shall
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ensure the agency staff responsible for registration:
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(A) has received initial training by the department and has been certified by the
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department as qualified and authorized to conduct registrations and enter
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offender registration information into the registry database; and
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(B) certify annually with the department.
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(b)(i) When the department receives offender registration information regarding a
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change of an offender's primary residence location, the department shall within
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five days after the day on which the department receives the information
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electronically notify the law enforcement agencies that have jurisdiction over the
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area where:
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(A) the residence that the offender is leaving is located; and
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(B) the residence to which the offender is moving is located.
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(ii) The department shall provide notification under this Subsection (5)(b) if the
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offender's change of address is between law enforcement agency jurisdictions, or
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is within one jurisdiction.
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(c) The department shall make available to offenders required to register under this
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chapter the name of the agency, whether the agency is a local law enforcement
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agency or the department, that the offender should contact to register, the location for
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registering, and the requirements of registration.
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(6) An agency in the state that registers an offender on probation, an offender who has been
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released from confinement to parole status or termination, or an offender whose
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sentence has expired shall inform the offender of the duty to comply with the continuing
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registration requirements of this chapter during the period of registration required in
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Subsection 77-41-105(3), including:
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(a) notification to the state agencies in the states where the registrant presently resides
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and plans to reside when moving across state lines;
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(b) verification of address at least every 60 days pursuant to a parole agreement for
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lifetime parolees; and
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(c) notification to the out-of-state agency where the offender is living, regardless of
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whether the offender is a resident of that state.
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(7) The department may make administrative rules necessary to implement this chapter,
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including:
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(a) the method for dissemination of the information; and
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(b) instructions to the public regarding the use of the information.
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(8) The department shall redact information regarding the identity or location of a victim
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from information provided under Subsections 77-41-103(4) and 77-41-105(7).
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(9) This chapter does not create or impose any duty on any person to request or obtain
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information regarding any offender from the department.
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Section 4. Section 77-41-115 is enacted to read:
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77-41-115 . Sex offender risk assessment -- Department of Corrections
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responsibilities.
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The Department of Corrections shall:
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(1) for a sex offender convicted after May 7, 2025, of an offense committed in this state
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described in Subsection 77-41-102(19)(a), conduct a risk assessment to ascertain the risk
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that the individual may commit another offense described in Subsection
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77-41-102(19)(a); and
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(2) 30 days after the day on which a calendar quarterly period ends, submit the results of
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any risk assessments completed under Subsection (1) during the preceding quarter to the
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State Commission on Criminal and Juvenile Justice.
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Section 1. Effective Date.
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This bill takes effect on May 7, 2025.
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