01-21 14:06 1st Sub. (Buff) H.B. 224
Melissa G. Ballard proposes the following substitute bill:
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Inmate Reentry, Finances, and Debt Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
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LONG TITLE
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General Description:
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This bill concerns inmate and former inmate reentry, finances, and debts.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ requires, with a delayed implementation date, a county jail to notify certain state agencies
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that may have information concerning an inmate's existing debts when an inmate is
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incarcerated in the county jail for more than 90 days and when the inmate is released
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from the county jail;
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▸ requires, with a delayed implementation date, the Office of State Debt Collection to
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suspend the accrual of interest on certain accounts receivable during periods of at least
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90 days of incarceration and for an additional period after release;
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▸ expands the duties of the reentry division created by the Department of Corrections
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(department);
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▸ requires the department to provide information to an inmate on a regular basis concerning:
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● the inmate's known debts;
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● incentives for paying certain debts while incarcerated; and
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● information on how to access additional information concerning debts and resources
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on financial literacy and money management;
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▸ requires the department:
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● with a delayed implementation date, to notify certain state agencies that may have
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information concerning an inmate's existing debts when an inmate enters and leaves
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incarceration; and
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● to provide educational resources to individuals designated by an inmate concerning
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incentives for repaying certain debts while incarcerated;
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▸ amends provisions concerning when incarceration may not be considered by the Office of
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Recovery Services (office) as voluntary unemployment for purposes of a child support 1st Sub. (Buff) H.B. 224 01-21 14:06
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order;
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▸ requires the office to suspend child support orders and money judgments in certain
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circumstances relating to incarceration;
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▸ provides that the office shall resume a suspended child support obligation after the
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offender has been released for 90 days; 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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64-13-6, as last amended by Laws of Utah 2024, Chapters 144, 208
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64-13-23, as last amended by Laws of Utah 2024, Chapter 144
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81-6-101, as renumbered and amended by Laws of Utah 2024, Chapter 366
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81-6-203, as renumbered and amended by Laws of Utah 2024, Chapter 366
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ENACTS:
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17-22-35, Utah Code Annotated 1953
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63A-3-509, Utah Code Annotated 1953
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81-6-211.5, 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 17-22-35 is enacted to read:
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17-22-35 . Notification requirements to state agencies concerning potential
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inmate debts.
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(1) As used in this section, "inmate" means an individual who is in the custody of a county
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jail.
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(2)(a) Beginning on January 1, 2027, a county jail is required to notify the Office of
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State Debt Collection, the State Tax Commission, and the Office of Recovery
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Services:
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(i) within five business days after the day on which an inmate has been incarcerated
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in the county jail for 90 consecutive days; and
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(ii) if an inmate has been incarcerated in the county jail for more than 90 consecutive
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days, within five business days after the day on which an inmate is released from
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the county jail.
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(b) The notification described in Subsection (2)(a) shall include:
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(i) the relevant dates of the inmate's incarceration and identifying information
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concerning the inmate's identity; and
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(ii) whether the inmate's incarceration is based on:
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(A) criminal non-payment of a child support order; or
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(B) an offense against the inmate's child or custodial parent of the inmate's child.
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(c) The requirement described in Subsection (2)(a)(i) does not apply if a court, another
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county jail, the Department of Corrections, or another entity already has notified the
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Office of State Debt Collection, the State Tax Commission, and the Office of
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Recovery Services as described in Subsection (2)(a) about the inmate's incarceration.
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(d) The requirement described in Subsection (2)(a)(ii) does not apply if an inmate is
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transferred to a different county jail or another incarcerated setting for the purpose of
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continued incarceration.
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Section 2. Section 63A-3-509 is enacted to read:
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63A-3-509 . Suspension of interest on certain accounts receivable during and
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subsequent to incarceration.
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Beginning on January 1, 2027, unless prohibited by another provision of law or a court
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order, or unless an account receivable contains restitution as defined in Section 77-38b-102,
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the office shall suspend the accrual of interest on an individual's accounts receivable under
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Subsection 63A-3-502(4)(g):
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(1) during any period that the individual is incarcerated in a county jail or a state prison, if
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the period is 90 or more consecutive days; and
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(2) for a period of 180 days after the day on which the individual is released from a period
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of incarceration as described in Subsection (1).
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Section 3. Section 64-13-6 is amended to read:
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64-13-6 . Department duties.
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(1) The department shall:
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(a) protect the public through institutional care and confinement, and supervision in the
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community of offenders where appropriate;
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(b) implement court-ordered punishment of offenders;
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(c) provide evidence-based and evidence-informed program opportunities for offenders
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designed to reduce offenders' criminogenic and recidivism risks, including
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behavioral, cognitive, educational, and career-readiness program opportunities;
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(d) ensure that offender participation in all program opportunities described in
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Subsection (1)(c) is voluntary;
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(e) where appropriate, utilize offender volunteers as mentors in the program
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opportunities described in Subsection (1)(c);
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(f) provide treatment for sex offenders who are found to be treatable based upon criteria
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developed by the department;
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(g) provide the results of ongoing clinical assessment of sex offenders and objective
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diagnostic testing to sentencing and release authorities;
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(h) manage programs that take into account the needs and interests of victims, where
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reasonable;
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(i) supervise probationers and parolees as directed by statute and implemented by the
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courts and the Board of Pardons and Parole;
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(j) subject to Subsection (3), investigate criminal conduct involving offenders
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incarcerated in a state correctional facility;
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(k) cooperate and exchange information with other state, local, and federal law
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enforcement agencies to achieve greater success in prevention and detection of crime
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and apprehension of criminals;
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(l) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
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Offender Supervision;
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(m) establish a case action plan based on appropriate validated risk, needs, and
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responsivity assessments for each offender as follows:
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(i)(A) if an offender is to be supervised in the community, the department shall
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establish a case action plan for the offender no later than 60 days after the day
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on which the department's community supervision of the offender begins; and
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(B) if the offender is committed to the custody of the department, the department
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shall establish a case action plan for the offender no later than 90 days after the
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day on which the offender is committed to the custody of the department;
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(ii) each case action plan shall:
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(A) integrate an individualized, evidence-based, and evidence-informed treatment
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and program plan with clearly defined completion requirements; and
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(B) require that a case manager will:
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(I) ensure that an assessment of the education level, occupational interests, and
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aptitudes of the inmate has been completed;
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(II) refer the inmate to a higher education student advisor at an institution
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offering programs consistent with the inmate's interests and aptitudes for
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advisement on educational preferences and plans;
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(III) incorporate the inmate's interests, aptitudes, and student advisement into
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an education plan consistent with the guidance provided by the Higher
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Education and Corrections Council created in Section 53B-35-201; and
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(IV) refer the inmate to the student advisor at the institution called for in the
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case action plan for guidance and assistance with the education process;
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(iii) the department shall share each newly established case action plan with the
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sentencing and release authority within 30 days after the day on which the case
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action plan is established; and
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(iv) the department shall share any changes to a case action plan, including any
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change in an offender's risk assessment, with the sentencing and release authority
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within 30 days after the day of the change;
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(n) ensure that an inmate has reasonable access to legal research;
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(o) ensure that any training or certification required of a public official or public
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employee, as those terms are defined in Section 63G-22-102, complies with Title
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63G, Chapter 22, State Training and Certification Requirements, if the training or
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certification is required:
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(i) under this title;
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(ii) by the department; or
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(iii) by an agency or division within the department;
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(p) when reporting on statewide recidivism, include the metrics and requirements
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described in Section 63M-7-102;
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(q) create a reentry division that focuses on the successful reentry of inmates into the
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community[;] , which shall include:
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(i) screening and assessments for an inmate's risks and needs;
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(ii) individualized plans and case management;
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(iii) quality treatment, education, and job preparation;
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(iv) community partnerships; and
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(v) comprehensive release planning before the inmate's release, including:
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(A) coordination with support services; and
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(B) coordination with one or more family members or friends, if the inmate has
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given permission to contact specific individuals for this purpose;
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(r) coordinate with the Board of Pardons and Parole regarding inmate records that are
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necessary for the Board of Pardons and Parole to make necessary determinations
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regarding an inmate; and
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(s) ensure that inmate records regarding discipline, programs, and other relevant metrics
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are:
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(i) complete and updated in a timely manner; and
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(ii) when applicable, shared with the Board of Pardons and Parole in a timely manner.
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(2) The department may in the course of supervising probationers and parolees:
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(a) respond to an individual's violation of one or more terms of the probation or parole in
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accordance with the graduated and evidence-based processes established by the adult
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sentencing and supervision length guidelines, as defined in Section 63M-7-401.1; and
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(b) upon approval by the court or the Board of Pardons and Parole, impose as a sanction
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for an individual's violation of the terms of probation or parole a period of
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incarceration of not more than three consecutive days and not more than a total of
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five days within a period of 30 days.
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(3)(a) By following the procedures in Subsection (3)(b), the department may investigate
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the following occurrences at state correctional facilities:
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(i) criminal conduct of departmental employees;
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(ii) felony crimes resulting in serious bodily injury;
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(iii) death of any person; or
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(iv) aggravated kidnaping.
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(b) Before investigating any occurrence specified in Subsection (3)(a), the department
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shall:
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(i) notify the sheriff or other appropriate law enforcement agency promptly after
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ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a)
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has occurred; and
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(ii) obtain consent of the sheriff or other appropriate law enforcement agency to
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conduct an investigation involving an occurrence specified in Subsection (3)(a).
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(4) Upon request, the department shall provide copies of investigative reports of criminal
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conduct to the sheriff or other appropriate law enforcement agencies.
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(5)(a) The executive director of the department, or the executive director's designee if
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the designee possesses expertise in correctional programming, shall consult at least
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annually with cognitive and career-readiness staff experts from the Utah system of
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higher education and the State Board of Education to review the department's
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evidence-based and evidence-informed treatment and program opportunities.
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(b) Beginning in the 2022 interim, the department shall provide an annual report to the
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Law Enforcement and Criminal Justice Interim Committee regarding:
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(i) the department's implementation of and offender participation in evidence-based
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and evidence-informed treatment and program opportunities designed to reduce
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the criminogenic and recidivism risks of offenders over time; and
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(ii) the progress of the department's implementation of the inmate program
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requirements described in Section 64-13-50.
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(6)(a) As used in this Subsection (6):
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(i) "Accounts receivable" means any amount owed by an offender arising from a
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criminal judgment that has not been paid.
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(ii) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
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surcharges, costs, interest, penalties, restitution to victims, third-party claims,
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claims, reimbursement of a reward, and damages that an offender is ordered to
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pay.
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(b) The department shall collect and disburse, with any interest and any other costs
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assessed under Section 64-13-21, an accounts receivable for an offender during:
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(i) the parole period and any extension of that period in accordance with Subsection
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(6)(c); and
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(ii) the probation period for which the court orders supervised probation and any
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extension of that period by the department in accordance with Subsection
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77-18-105(7).
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(c)(i) If an offender has an unpaid balance of the offender's accounts receivable at the
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time that the offender's sentence expires or terminates, the department shall be
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referred to the sentencing court for the sentencing court to enter a civil judgment
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of restitution and a civil accounts receivable as described in Section 77-18-114.
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(ii) If the board makes an order for restitution within 60 days from the day on which
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the offender's sentence expires or terminates, the board shall refer the order for
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restitution to the sentencing court to be entered as a civil judgment of restitution as
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described in Section 77-18-114.
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(d) This Subsection (6) only applies to offenders sentenced before July 1, 2021.
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Section 4. Section 64-13-23 is amended to read:
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64-13-23 . Offender's income, debt, and finances -- Department responsibilities
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concerning offender debt and financial information.
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(1) The department may require each offender, while in the custody of the department or
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while on probation or parole, to place funds received or earned by the offender from any
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source into:
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(a) an account administered by the department; or
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(b) a joint account with the department at a federally insured financial institution.
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(2) The department may require each offender to maintain a minimum balance in an
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account under Subsection (1) for the particular offender's use upon:
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(a) discharge from the custody of the department; or
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(b) completion of parole or probation.
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(3) If the funds are placed in a joint account at a federally insured financial institution:
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(a) any interest accrues to the benefit of the offender account; and
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(b) the department may require that the signatures of both the offender and a
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departmental representative be submitted to the financial institution to withdraw
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funds from the account.
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(4) If the funds are placed in an account administered by the department, the department
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may by rule designate:
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(a) a certain portion of the offender's funds as interest-bearing savings; and
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(b) a portion of the offender's funds as noninterest-bearing to be used for day-to-day
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expenses.
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(5)(a) The department may withhold part of the offender's funds in an account under
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Subsection (1) for expenses of:
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[(a)] (i) supervision or treatment;
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[(b)] (ii) restitution, reparation, fines, alimony, support payments, or similar
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court-ordered payments;
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[(c)] (iii) obtaining the offender's DNA specimen, if the offender is required under
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Section 53-10-404 to provide a specimen;
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[(d)] (iv) department-ordered repayment of a fine that is incurred under Section
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64-13-33; and
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[(e)] (v) other debt to the state.
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(b) The department shall provide or make available an account statement at least every
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two weeks to each inmate who has an account under Subsection (1) that contains:
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(i) a list of the inmate's known existing debts, including debts related to the inmate's
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restitution, court costs, fines, tax obligations, alimony, child support, other
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court-ordered payments, and similar debts;
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(ii) information regarding incentives for paying certain debts while incarcerated; and
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(iii) information on how the inmate can access information concerning:
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(A) the debts listed in Subsection (5)(b)(i); and
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(B) educational resources on financial literacy and money management.
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(c) The department may provide an account statement to a former inmate through the
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former inmate's parole officer through the Division of Adult Probation and Parole
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upon request.
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(6)(a) An offender may not be granted free process in civil actions, including petitions
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for a writ of habeas corpus, if, at any time from the date the cause of action arose
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through the date the cause of action remains pending, there are any funds in an
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account under Subsection (1) that have not been withheld or are not subject to
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withholding under Subsection (4) or (5).
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(b) The amount assessed for the filing fee, service of process and other fees and costs
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shall not exceed the total amount of funds the offender has in excess of the indigence
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threshold established by the department but not less than $25 including the
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withholdings under Subsection (4) or (5) during the identified period of time.
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(c) The amounts assessed shall not exceed the regular fees and costs provided by law.
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(7) The department may disclose information on offender accounts to the Office of
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Recovery Services and other appropriate state agencies.
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(8) The department shall publish a notice on the department's website, and any website used
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by an individual depositing funds into an offender's account, that the individual may
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request from the department a copy of a statement of the offender's financial account in
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accordance with Title 63G, Chapter 2, Government Records Access and Management
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Act.
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(9)(a)(i) Beginning on January 1, 2027, within 15 days after the day on which an
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inmate enters incarceration in a state prison, the department shall notify the Office
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of State Debt Collection, the State Tax Commission, and the Office of Recovery
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Services about the inmate's incarceration, including:
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(A) the relevant dates of the inmate's incarceration and identifying information
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concerning the inmate's identity; and
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(B) whether the inmate's incarceration is based on criminal non-payment of a child
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support order or an offense against the child or custodial parent.
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(ii) Beginning on January 1, 2027, within 15 days after the day on which an inmate is
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released from incarceration, the department shall notify the entities listed in
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Subsection (9)(a)(i) of the inmate's release date.
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(b) The requirement described in Subsection (9)(a)(i) does not apply if a court, county
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jail, or other entity previously has notified the agencies listed in Subsection (9)(a)(i)
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about the inmate's incarceration.
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(10)(a) The department shall, on a periodic basis, offer educational resources to one or
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more individuals designated by an inmate concerning financial incentives for
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repaying certain debts during an inmate's incarceration.
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(b) The department may, if the department has received an inmate's consent, provide one
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or more individuals designated by an inmate with information concerning the
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inmate's current financial account balance and existing known debts, in addition to
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the information provided under Subsection (10)(a).
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Section 5. Section 81-6-101 is amended to read:
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81-6-101 . Definitions for chapter.
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As used in this chapter:
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(1) "Administrative agency" means the Office of Recovery Services or the Department of
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Health and Human Services.
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(2) "Administrative order" means the same as that term is defined in Section 26B-9-201.
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(3) "Alimony" means the same as that term is defined in Section 81-4-101.
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(4) "Base child support award" means the award that may be ordered and is calculated
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using the child support guidelines before additions for medical expenses and
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work-related child care costs.
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(5) "Base combined child support obligation" means the presumed amount of child support
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that the parents should provide for their child as described in Subsection 81-6-204(1).
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(6) "Base combined child support obligation table" means the appropriate table described in
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Sections 81-6-302 and 81-6-304.
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(7) "Child" means:
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(a) a son or daughter who is under 18 years old and who is not otherwise emancipated,
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self-supporting, married, or a member of the armed forces of the United States;
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(b) a son or daughter who is 18 years old or older while enrolled in high school during
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the normal and expected year of graduation and not otherwise emancipated,
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self-supporting, married, or a member of the armed forces of the United States; or
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(c) a son or daughter of any age who is incapacitated from earning a living and, if able to
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provide some financial resources to the family, is not able to support self by own
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means.
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(8)(a) "Child support" means a base child support award, or a monthly financial award
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for uninsured medical expenses, ordered by a tribunal for the support of a child.
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(b) "Child support" includes current periodic payments, arrearages that accrue under an
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order for current periodic payments, and sum certain judgments awarded for
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arrearages, medical expenses, and child care costs.
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(9) "Child support guidelines" means the calculation and application of child support as
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described in Part 2, Calculation and Adjustment of Child Support.
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(10) "Child support order" means a judgment, decree, or order issued by a tribunal whether
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temporary, final, or subject to modification, that:
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(a) establishes or modifies child support;
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(b) reduces child support arrearages to judgment; or
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(c) establishes child support or registers a child support order under Title 78B, Chapter
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14, Utah Uniform Interstate Family Support Act.
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(11) "Child support tables" means the tables described in Part 3, Child Support Tables.
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(12) "Child support services" means the same as that term is defined in Section 26B-9-101.
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(13) "Gross income" means the amount of income calculated for a parent as described in
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Section 81-6-203.
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(14) "Health care coverage" means coverage under which medical services are provided to
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a child through:
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(a) fee for service;
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(b) a health maintenance organization;
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(c) a preferred provider organization;
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(d) any other type of private health insurance; or
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(e) public health care coverage.
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(15)(a) "Incarceration" means the placement of an obligor who has been ordered to pay
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child support into a carceral setting in which the obligor is not permitted to earn
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wages from employment outside of the carceral setting.
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(b) "Incarceration" does not include being placed on probation, parole, or work release.
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[(15)] (16)(a) "Income" means earnings, compensation, or other payment due to an
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individual, regardless of source, whether denominated as wages, salary, commission,
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bonus, pay, allowances, contract payment, or otherwise, including severance pay,
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sick pay, and incentive pay.
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(b) "Income" includes:
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(i) all gain derived from capital assets, labor, or both, including profit gained through
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sale or conversion of capital assets;
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(ii) interest and dividends;
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(iii) periodic payments made under pension or retirement programs or insurance
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policies of any type;
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(iv) unemployment compensation benefits;
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(v) workers' compensation benefits; and
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(vi) disability benefits.
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[(16)] (17) "Joint physical custody" means the same as that term is defined in Section
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81-9-101.
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[(17)] (18) "Low income table" means the appropriate table under Section 81-6-303 or
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81-6-305.
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[(18)] (19) "Medical expenses" means health and dental expenses and related insurance
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costs.
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[(19)] (20) "Minor child" means a child who is younger than 18 years old.
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[(20)] (21) "Obligee" means an individual, this state, another state, or another comparable
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jurisdiction to whom child support is owed or who is entitled to reimbursement of child
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support or public assistance.
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[(21)] (22) "Obligor" means a person owing a duty of support.
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[(22)] (23) "Office" means the Office of Recovery Services within the Department of Health
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and Human Services.
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[(23)] (24) "Pregnancy expenses" means an amount equal to:
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(a) the sum of a pregnant mother's:
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(i) health insurance premiums while pregnant that are not paid by an employer or
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government program; and
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(ii) medical costs related to the pregnancy, incurred after the date of conception and
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before the pregnancy ends; and
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(b) minus any portion of the amount described in Subsection [(23)(a)] (24)(a) that a court
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determines is equitable based on the totality of the circumstances, not including any
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amount paid by the mother or father of the child.
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[(24)] (25) "Split custody" means that each parent has physical custody of at least one of the
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children.
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[(25)] (26) "State" means a state, territory, possession of the United States, the District of
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Columbia, the Commonwealth of Puerto Rico, Native American tribe, or other
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comparable domestic or foreign jurisdiction.
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[(26)] (27) "Support" means past-due, present, and future obligations to provide for the
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financial support, maintenance, or medical expenses of a child.
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[(27)] (28) "Support order" means:
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(a) a child support order; or
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(b) a judgment, decree, or order by a tribunal, whether temporary, final, or subject to
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modification, for alimony.
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(29) "Suspension" means adjusting a child support order to zero dollars during the period of
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an obligor's incarceration.
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[(28)] (30) "Temporary" means a period of time that is projected to be less than 12 months
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in duration.
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[(29)] (31) "Third party" means an agency or a person other than a parent or a child who
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provides care, maintenance, and support to a child.
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[(30)] (32) "Tribunal" means the district court, the Department of Health and Human
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Services, Office of Recovery Services, or court or administrative agency of a state,
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territory, possession of the United States, the District of Columbia, the Commonwealth
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of Puerto Rico, Native American tribe, or other comparable domestic or foreign
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jurisdiction.
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[(31)] (33) "Work-related child care expenses" means reasonable child care costs for up to a
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full-time work week or training schedule as necessitated by the employment or training
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of a parent.
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[(32)] (34) "Worksheet" means a form used to aid in calculating the base child support
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award.
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Section 6. Section 81-6-203 is amended to read:
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81-6-203 . Determination of gross income for child support -- Imputing income to
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a parent.
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(1)(a) Each parent shall provide verification of current income to the court or
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administrative agency.
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(b) Each parent shall provide year-to-date pay stubs or employer statements and
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complete copies of tax returns from at least the most recent year, unless the court
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finds the verification is not reasonably available.
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(c) Verification of income from records maintained by the Department of Workforce
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Services may be substituted for pay stubs, employer statements, and income tax
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returns.
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(2)(a) To calculate gross income of a parent, the court or administrative agency may
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include:
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(i) prospective income of the parent, including income from earned and nonearned
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sources, such as salaries, wages, commissions, royalties, bonuses, rents, gifts from
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anyone, prizes, dividends, severance pay, pensions, interest, trust income, alimony
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from previous marriages, annuities, capital gains, Social Security benefits, worker
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compensation benefits, unemployment compensation, income replacement
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disability insurance benefits, and payments from nonmeans-tested government
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programs; and
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(ii) income imputed to the parent as described in Subsection (6).
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(b) Income from earned income sources is limited to the equivalent of one full-time
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40-hour job.
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(c) If and only if during the time before the original support order, the parent normally
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and consistently worked more than 40 hours at the parent's job, the court may
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consider this extra time as a pattern in calculating the parent's ability to provide child
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support.
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(3)(a) The court or administrative agency shall use historical and current earnings to
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determine whether an underemployment or overemployment situation exists.
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[(b) The office may not treat incarceration of at least six months as voluntary
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unemployment in establishing or modifying a support order.]
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(b) When establishing or modifying a child support order for an obligor who is a parent
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and incarcerated, the office shall follow the requirements of Section 81-6-211.5.
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(4)(a) To calculate income from self-employment or operation of a business, the court or
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administrative agency:
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(i) shall calculate gross income from self-employment or operation of a business by
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subtracting necessary expenses required for self-employment or business
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operation from gross receipts;
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(ii) shall review income and expenses from self-employment or operation of a
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business to determine an appropriate level of gross income available to the parent
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to satisfy a child support award; and
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(iii) may only deduct those expenses necessary to allow the business to operate at a
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reasonable level from gross receipts.
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(b) Gross income determined under this Subsection (4) may differ from the amount of
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business income determined for tax purposes.
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(5) When possible, the court or administrative agency shall determine the average monthly
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gross income for each parent by:
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(a) calculating the gross income of each parent on an annual basis; and
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(b) dividing the annual gross income for each parent by 12.
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(6)(a) The court or administrative agency may not impute income to a parent unless the
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parent stipulates to the amount imputed, the parent defaults, or, in contested cases, a
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hearing is held and the court or administrative agency enters findings of fact as to the
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evidentiary basis for the imputation.
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(b) If income is imputed to a parent, the court or administrative agency shall base
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income upon employment potential and probable earnings considering, to the extent
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known:
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(i) employment opportunities;
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(ii) work history;
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(iii) occupation qualifications;
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(iv) educational attainment;
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(v) literacy;
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(vi) age;
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(vii) health;
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(viii) criminal record;
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(ix) other employment barriers and background factors; and
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(x) prevailing earnings and job availability for persons of similar backgrounds in the
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community.
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(c) If a parent has no recent work history or a parent's occupation is unknown, the court
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or administrative agency may impute an income to that parent at the federal
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minimum wage for a 40-hour work week.
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(d) To impute a greater or lesser income, the court or administrative agency shall enter
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specific findings of fact as to the evidentiary basis for the imputation.
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(e) The court or administrative agency may not impute income to a parent if any of the
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following conditions exist and the condition is not of a temporary nature:
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(i) the reasonable costs of child care for the parents' minor child approach or equal
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the amount of income the custodial parent can earn;
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(ii) a parent is physically or mentally unable to earn minimum wage;
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(iii) a parent is engaged in career or occupational training to establish basic job skills;
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or
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(iv) unusual emotional or physical needs of a child require the custodial parent's
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presence in the home.
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(7) Notwithstanding Subsection (2), the court or administrative agency may not include the
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following sources of income when calculating the gross income of a parent:
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(a) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
509
Program;
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(b) benefits received under a housing subsidy program, the Job Training Partnership Act,
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Supplemental Security Income, Social Security Disability Insurance, Medicaid,
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SNAP benefits, or General Assistance;
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(c) other similar means-tested welfare benefits received by a parent;
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(d) the earned income of a child who is the subject of a child support award; or
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(e) except as otherwise provided in Subsection (8), the benefits to a child in the child's
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own right, such as Supplemental Security Income.
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(8)(a) The court or administrative agency shall credit, as child support, the amount of
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social security benefits received by a child due to the earnings of the parent on whose
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earning record the social security benefits are based by crediting the amount against
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the potential obligation of that parent.
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(b) The court or administrative agency may consider other unearned income of a child as
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income of a parent depending upon the circumstances of each case.
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Section 7. Section 81-6-211.5 is enacted to read:
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81-6-211.5 . Child support orders for an incarcerated obligor -- Suspension --
525
Exceptions.
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(1) The office may not treat incarceration of 90 or more consecutive days as voluntary
527
unemployment in establishing or modifying a child support order.
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(2)(a) Except as provided in Subsection (2)(c), for any period of 90 or more consecutive
529
days of the obligor's incarceration, suspension of a money judgment or support order
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issued in this state for an obligor ordered to pay child support shall occur by
531
operation of law.
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(b) For a suspension under Subsection (2)(a), the office shall:
533
(i) retroactively date the period of suspension to the date on which the office notified
534
the required parties of the suspension, with the eligible period beginning on the
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first day of the first full month of the date that the office provided the parties with
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the notification;
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(ii) issue a balance credit for any funds collected during the period of suspension,
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unless the funds have already been distributed, in which case, the funds may not
539
be credited or otherwise recovered; and
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(iii) resume the obligation described in Subsection (2)(a) on the first day of the first
541
full month that occurs once 90 days have passed after the day on which the
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obligor is released from incarceration.
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(c) The office may not suspend an obligation under Subsection (2)(a) if the obligor is
544
incarcerated for:
545
(i) criminal non-payment of a child support order; or
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(ii) an offense against the inmate's child or custodial parent of the inmate's child.
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(3) The suspension described in Subsection (2)(a) is only applicable for an obligor whose
548
term of incarceration begins on or after January 1, 2027.
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Section 8. Effective Date.
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This bill takes effect on May 7, 2025.
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