Utah 2025 Regular Session

Utah House Bill HB0224 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 224
	1	+	01-29 18:11 2nd Sub. (Gray) H.B. 224
	2	+	Melissa G. Ballard proposes the following substitute bill:
2	3		1
3	4		Inmate Reentry, Finances, and Debt Modifications
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Melissa G. Ballard
7	8		Senate Sponsor: Michael K. McKell
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill concerns inmate and former inmate reentry, finances, and debts.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ defines terms;
22	23		9
23	24		▸ requires, with a delayed implementation date, a county jail to notify certain state agencies
24	25		10
25	26		that may have information concerning an inmate's existing debts when an inmate is
26	27		11
27	28		incarcerated in the county jail for more than 90 days and when the inmate is released
28	29		12
29	30		from the county jail;
30	31		13
31	32		▸ requires, with a delayed implementation date, the Office of State Debt Collection to
32	33		14
33	34		suspend the accrual of interest on certain accounts receivable during periods of at least
34	35		15
35	36		90 days of incarceration and for an additional period after release;
36	37		16
37	38		▸ expands the duties of the reentry division created by the Department of Corrections
38	39		17
39	40		(department);
40	41		18
41	42		▸ requires the department to provide information to an inmate on a regular basis concerning:
42	43		19
43	44		● the inmate's known debts;
44	45		20
45	46		● incentives for paying certain debts while incarcerated; and
46	47		21
47	48		● information on how to access additional information concerning debts and resources
48	49		22
49	50		on financial literacy and money management;
50	51		23
51	52		▸ requires the department:
52	53		24
53	54		● with a delayed implementation date, to notify certain state agencies that may have
54	55		25
55	56		information concerning an inmate's existing debts when an inmate enters and leaves
56	57		26
57	58		incarceration; and
58	59		27
59		-	● to provide educational resources to individuals designated by an inmate concerning ~~H.B. 224 Enrolled Copy~~
	60	+	● to provide educational resources to individuals designated by an inmate concerning
60	61		28
61	62		incentives for repaying certain debts while incarcerated;
	63	+	2nd Sub. H.B. 224 2nd Sub. (Gray) H.B. 224 01-29 18:11
62	64		29
63	65		▸ amends provisions concerning when incarceration may not be considered by the Office of
64	66		30
65	67		Recovery Services (office) as voluntary unemployment for purposes of a child support
66	68		31
67	69		order;
68	70		32
69	71		▸ requires the office to suspend child support orders and money judgments in certain
70	72		33
71	73		circumstances relating to incarceration;
72	74		34
73	75		▸ provides that the office shall resume a suspended child support obligation after the
74	76		35
75	77		offender has been released for 90 days; and
76	78		36
77	79		▸ makes technical and conforming changes.
78	80		37
79	81		Money Appropriated in this Bill:
80	82		38
81	83		None
82	84		39
83	85		Other Special Clauses:
84	86		40
85	87		None
86	88		41
87	89		Utah Code Sections Affected:
88	90		42
89	91		AMENDS:
90	92		43
91	93		64-13-6, as last amended by Laws of Utah 2024, Chapters 144, 208
92	94		44
93	95		64-13-23, as last amended by Laws of Utah 2024, Chapter 144
94	96		45
95	97		81-6-101, as renumbered and amended by Laws of Utah 2024, Chapter 366
96	98		46
97	99		81-6-203, as renumbered and amended by Laws of Utah 2024, Chapter 366
98	100		47
99	101		ENACTS:
100	102		48
101	103		17-22-35, Utah Code Annotated 1953
102	104		49
103	105		63A-3-509, Utah Code Annotated 1953
104	106		50
105	107		81-6-211.5, Utah Code Annotated 1953
106	108		51
107	109
108	110		52
109	111		Be it enacted by the Legislature of the state of Utah:
110	112		53
111	113		Section 1. Section 17-22-35 is enacted to read:
112	114		54
113	115		17-22-35 . Notification requirements to state agencies concerning potential
114	116		55
115	117		inmate debts.
116	118		56
117	119		(1) As used in this section, "inmate" means an individual who is in the custody of a county
118	120		57
119	121		jail.
120	122		58
121	123		(2)(a) Beginning on January 1, 2027, a county jail is required to notify the Office of
122	124		59
123	125		State Debt Collection, the State Tax Commission, and the Office of Recovery
124	126		60
125	127		Services:
126	128		61
127	129		(i) within five business days after the day on which an inmate has been incarcerated
128		-	- 2 - Enrolled Copy H.B. 224
129	130		62
130	131		in the county jail for 90 consecutive days; and
	132	+	- 2 - 01-29 18:11 2nd Sub. (Gray) H.B. 224
131	133		63
132	134		(ii) if an inmate has been incarcerated in the county jail for more than 90 consecutive
133	135		64
134	136		days, within five business days after the day on which an inmate is released from
135	137		65
136	138		the county jail.
137	139		66
138	140		(b) The notification described in Subsection (2)(a) shall include:
139	141		67
140	142		(i) the relevant dates of the inmate's incarceration and identifying information
141	143		68
142	144		concerning the inmate's identity; and
143	145		69
144	146		(ii) whether the inmate's incarceration is based on:
145	147		70
146	148		(A) criminal non-payment of a child support order; or
147	149		71
148	150		(B) an offense against the inmate's child or custodial parent of the inmate's child.
149	151		72
150	152		(c) The requirement described in Subsection (2)(a)(i) does not apply if a court, another
151	153		73
152	154		county jail, the Department of Corrections, or another entity already has notified the
153	155		74
154	156		Office of State Debt Collection, the State Tax Commission, and the Office of
155	157		75
156	158		Recovery Services as described in Subsection (2)(a) about the inmate's incarceration.
157	159		76
158	160		(d) The requirement described in Subsection (2)(a)(ii) does not apply if an inmate is
159	161		77
160	162		transferred to a different county jail or another incarcerated setting for the purpose of
161	163		78
162	164		continued incarceration.
163	165		79
164	166		Section 2. Section 63A-3-509 is enacted to read:
165	167		80
166	168		63A-3-509 . Suspension of interest on certain accounts receivable during and
167	169		81
168	170		subsequent to incarceration.
169	171		82
170	172		Beginning on January 1, 2027, unless prohibited by another provision of law or a court
171	173		83
172	174		order, or unless an account receivable contains restitution as defined in Section 77-38b-102,
173	175		84
174	176		the office shall, upon receipt of a notification from a county jail in accordance with Section
175	177		85
176	178		17-22-35 or a notification from the Department of Corrections in accordance with Subsection
177	179		86
178	180		64-13-23(9), suspend the accrual of interest on an individual's accounts receivable under
179	181		87
180	182		Subsection 63A-3-502(4)(g):
181	183		88
182	184		(1) during any period that the individual is incarcerated in a county jail or a state prison, if
183	185		89
184	186		the period is 90 or more consecutive days; and
185	187		90
186	188		(2) for a period of 180 days after the day on which the individual is released from a period
187	189		91
188	190		of incarceration as described in Subsection (1).
189	191		92
190	192		Section 3. Section 64-13-6 is amended to read:
191	193		93
192	194		64-13-6 . Department duties.
193	195		94
194	196		(1) The department shall:
195	197		95
196	198		(a) protect the public through institutional care and confinement, and supervision in the
197		-	- 3 - H.B. 224 Enrolled Copy
198	199		96
199	200		community of offenders where appropriate;
	201	+	- 3 - 2nd Sub. (Gray) H.B. 224 01-29 18:11
200	202		97
201	203		(b) implement court-ordered punishment of offenders;
202	204		98
203	205		(c) provide evidence-based and evidence-informed program opportunities for offenders
204	206		99
205	207		designed to reduce offenders' criminogenic and recidivism risks, including
206	208		100
207	209		behavioral, cognitive, educational, and career-readiness program opportunities;
208	210		101
209	211		(d) ensure that offender participation in all program opportunities described in
210	212		102
211	213		Subsection (1)(c) is voluntary;
212	214		103
213	215		(e) where appropriate, utilize offender volunteers as mentors in the program
214	216		104
215	217		opportunities described in Subsection (1)(c);
216	218		105
217	219		(f) provide treatment for sex offenders who are found to be treatable based upon criteria
218	220		106
219	221		developed by the department;
220	222		107
221	223		(g) provide the results of ongoing clinical assessment of sex offenders and objective
222	224		108
223	225		diagnostic testing to sentencing and release authorities;
224	226		109
225	227		(h) manage programs that take into account the needs and interests of victims, where
226	228		110
227	229		reasonable;
228	230		111
229	231		(i) supervise probationers and parolees as directed by statute and implemented by the
230	232		112
231	233		courts and the Board of Pardons and Parole;
232	234		113
233	235		(j) subject to Subsection (3), investigate criminal conduct involving offenders
234	236		114
235	237		incarcerated in a state correctional facility;
236	238		115
237	239		(k) cooperate and exchange information with other state, local, and federal law
238	240		116
239	241		enforcement agencies to achieve greater success in prevention and detection of crime
240	242		117
241	243		and apprehension of criminals;
242	244		118
243	245		(l) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
244	246		119
245	247		Offender Supervision;
246	248		120
247	249		(m) establish a case action plan based on appropriate validated risk, needs, and
248	250		121
249	251		responsivity assessments for each offender as follows:
250	252		122
251	253		(i)(A) if an offender is to be supervised in the community, the department shall
252	254		123
253	255		establish a case action plan for the offender no later than 60 days after the day
254	256		124
255	257		on which the department's community supervision of the offender begins; and
256	258		125
257	259		(B) if the offender is committed to the custody of the department, the department
258	260		126
259	261		shall establish a case action plan for the offender no later than 90 days after the
260	262		127
261	263		day on which the offender is committed to the custody of the department;
262	264		128
263	265		(ii) each case action plan shall:
264	266		129
265	267		(A) integrate an individualized, evidence-based, and evidence-informed treatment
266		-	- 4 - Enrolled Copy H.B. 224
267	268		130
268	269		and program plan with clearly defined completion requirements; and
	270	+	- 4 - 01-29 18:11 2nd Sub. (Gray) H.B. 224
269	271		131
270	272		(B) require that a case manager will:
271	273		132
272	274		(I) ensure that an assessment of the education level, occupational interests, and
273	275		133
274	276		aptitudes of the inmate has been completed;
275	277		134
276	278		(II) refer the inmate to a higher education student advisor at an institution
277	279		135
278	280		offering programs consistent with the inmate's interests and aptitudes for
279	281		136
280	282		advisement on educational preferences and plans;
281	283		137
282	284		(III) incorporate the inmate's interests, aptitudes, and student advisement into
283	285		138
284	286		an education plan consistent with the guidance provided by the Higher
285	287		139
286	288		Education and Corrections Council created in Section 53B-35-201; and
287	289		140
288	290		(IV) refer the inmate to the student advisor at the institution called for in the
289	291		141
290	292		case action plan for guidance and assistance with the education process;
291	293		142
292	294		(iii) the department shall share each newly established case action plan with the
293	295		143
294	296		sentencing and release authority within 30 days after the day on which the case
295	297		144
296	298		action plan is established; and
297	299		145
298	300		(iv) the department shall share any changes to a case action plan, including any
299	301		146
300	302		change in an offender's risk assessment, with the sentencing and release authority
301	303		147
302	304		within 30 days after the day of the change;
303	305		148
304	306		(n) ensure that an inmate has reasonable access to legal research;
305	307		149
306	308		(o) ensure that any training or certification required of a public official or public
307	309		150
308	310		employee, as those terms are defined in Section 63G-22-102, complies with Title
309	311		151
310	312		63G, Chapter 22, State Training and Certification Requirements, if the training or
311	313		152
312	314		certification is required:
313	315		153
314	316		(i) under this title;
315	317		154
316	318		(ii) by the department; or
317	319		155
318	320		(iii) by an agency or division within the department;
319	321		156
320	322		(p) when reporting on statewide recidivism, include the metrics and requirements
321	323		157
322	324		described in Section 63M-7-102;
323	325		158
324	326		(q) create a reentry division that focuses on the successful reentry of inmates into the
325	327		159
326	328		community[;] , which shall include:
327	329		160
328	330		(i) screening and assessments for an inmate's risks and needs;
329	331		161
330	332		(ii) individualized plans and case management;
331	333		162
332	334		(iii) quality treatment, education, and job preparation;
333	335		163
334	336		(iv) community partnerships; and
335		-	- 5 - H.B. 224 Enrolled Copy
336	337		164
337	338		(v) comprehensive release planning before the inmate's release, including:
	339	+	- 5 - 2nd Sub. (Gray) H.B. 224 01-29 18:11
338	340		165
339	341		(A) coordination with support services; and
340	342		166
341	343		(B) coordination with one or more family members or friends, if the inmate has
342	344		167
343	345		given permission to contact specific individuals for this purpose;
344	346		168
345	347		(r) coordinate with the Board of Pardons and Parole regarding inmate records that are
346	348		169
347	349		necessary for the Board of Pardons and Parole to make necessary determinations
348	350		170
349	351		regarding an inmate; and
350	352		171
351	353		(s) ensure that inmate records regarding discipline, programs, and other relevant metrics
352	354		172
353	355		are:
354	356		173
355	357		(i) complete and updated in a timely manner; and
356	358		174
357	359		(ii) when applicable, shared with the Board of Pardons and Parole in a timely manner.
358	360		175
359	361		(2) The department may in the course of supervising probationers and parolees:
360	362		176
361	363		(a) respond to an individual's violation of one or more terms of the probation or parole in
362	364		177
363	365		accordance with the graduated and evidence-based processes established by the adult
364	366		178
365	367		sentencing and supervision length guidelines, as defined in Section 63M-7-401.1; and
366	368		179
367	369		(b) upon approval by the court or the Board of Pardons and Parole, impose as a sanction
368	370		180
369	371		for an individual's violation of the terms of probation or parole a period of
370	372		181
371	373		incarceration of not more than three consecutive days and not more than a total of
372	374		182
373	375		five days within a period of 30 days.
374	376		183
375	377		(3)(a) By following the procedures in Subsection (3)(b), the department may investigate
376	378		184
377	379		the following occurrences at state correctional facilities:
378	380		185
379	381		(i) criminal conduct of departmental employees;
380	382		186
381	383		(ii) felony crimes resulting in serious bodily injury;
382	384		187
383	385		(iii) death of any person; or
384	386		188
385	387		(iv) aggravated kidnaping.
386	388		189
387	389		(b) Before investigating any occurrence specified in Subsection (3)(a), the department
388	390		190
389	391		shall:
390	392		191
391	393		(i) notify the sheriff or other appropriate law enforcement agency promptly after
392	394		192
393	395		ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a)
394	396		193
395	397		has occurred; and
396	398		194
397	399		(ii) obtain consent of the sheriff or other appropriate law enforcement agency to
398	400		195
399	401		conduct an investigation involving an occurrence specified in Subsection (3)(a).
400	402		196
401	403		(4) Upon request, the department shall provide copies of investigative reports of criminal
402	404		197
403	405		conduct to the sheriff or other appropriate law enforcement agencies.
404		-	- 6 - Enrolled Copy H.B. 224
405	406		198
406	407		(5)(a) The executive director of the department, or the executive director's designee if
	408	+	- 6 - 01-29 18:11 2nd Sub. (Gray) H.B. 224
407	409		199
408	410		the designee possesses expertise in correctional programming, shall consult at least
409	411		200
410	412		annually with cognitive and career-readiness staff experts from the Utah system of
411	413		201
412	414		higher education and the State Board of Education to review the department's
413	415		202
414	416		evidence-based and evidence-informed treatment and program opportunities.
415	417		203
416	418		(b) Beginning in the 2022 interim, the department shall provide an annual report to the
417	419		204
418	420		Law Enforcement and Criminal Justice Interim Committee regarding:
419	421		205
420	422		(i) the department's implementation of and offender participation in evidence-based
421	423		206
422	424		and evidence-informed treatment and program opportunities designed to reduce
423	425		207
424	426		the criminogenic and recidivism risks of offenders over time; and
425	427		208
426	428		(ii) the progress of the department's implementation of the inmate program
427	429		209
428	430		requirements described in Section 64-13-50.
429	431		210
430	432		(6)(a) As used in this Subsection (6):
431	433		211
432	434		(i) "Accounts receivable" means any amount owed by an offender arising from a
433	435		212
434	436		criminal judgment that has not been paid.
435	437		213
436	438		(ii) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
437	439		214
438	440		surcharges, costs, interest, penalties, restitution to victims, third-party claims,
439	441		215
440	442		claims, reimbursement of a reward, and damages that an offender is ordered to
441	443		216
442	444		pay.
443	445		217
444	446		(b) The department shall collect and disburse, with any interest and any other costs
445	447		218
446	448		assessed under Section 64-13-21, an accounts receivable for an offender during:
447	449		219
448	450		(i) the parole period and any extension of that period in accordance with Subsection
449	451		220
450	452		(6)(c); and
451	453		221
452	454		(ii) the probation period for which the court orders supervised probation and any
453	455		222
454	456		extension of that period by the department in accordance with Subsection
455	457		223
456	458		77-18-105(7).
457	459		224
458	460		(c)(i) If an offender has an unpaid balance of the offender's accounts receivable at the
459	461		225
460	462		time that the offender's sentence expires or terminates, the department shall be
461	463		226
462	464		referred to the sentencing court for the sentencing court to enter a civil judgment
463	465		227
464	466		of restitution and a civil accounts receivable as described in Section 77-18-114.
465	467		228
466	468		(ii) If the board makes an order for restitution within 60 days from the day on which
467	469		229
468	470		the offender's sentence expires or terminates, the board shall refer the order for
469	471		230
470	472		restitution to the sentencing court to be entered as a civil judgment of restitution as
471	473		231
472	474		described in Section 77-18-114.
473		-	- 7 - H.B. 224 Enrolled Copy
474	475		232
475	476		(d) This Subsection (6) only applies to offenders sentenced before July 1, 2021.
	477	+	- 7 - 2nd Sub. (Gray) H.B. 224 01-29 18:11
476	478		233
477	479		Section 4. Section 64-13-23 is amended to read:
478	480		234
479	481		64-13-23 . Offender's income, debt, and finances -- Department responsibilities
480	482		235
481	483		concerning offender debt and financial information.
482	484		236
483	485		(1) The department may require each offender, while in the custody of the department or
484	486		237
485	487		while on probation or parole, to place funds received or earned by the offender from any
486	488		238
487	489		source into:
488	490		239
489	491		(a) an account administered by the department; or
490	492		240
491	493		(b) a joint account with the department at a federally insured financial institution.
492	494		241
493	495		(2) The department may require each offender to maintain a minimum balance in an
494	496		242
495	497		account under Subsection (1) for the particular offender's use upon:
496	498		243
497	499		(a) discharge from the custody of the department; or
498	500		244
499	501		(b) completion of parole or probation.
500	502		245
501	503		(3) If the funds are placed in a joint account at a federally insured financial institution:
502	504		246
503	505		(a) any interest accrues to the benefit of the offender account; and
504	506		247
505	507		(b) the department may require that the signatures of both the offender and a
506	508		248
507	509		departmental representative be submitted to the financial institution to withdraw
508	510		249
509	511		funds from the account.
510	512		250
511	513		(4) If the funds are placed in an account administered by the department, the department
512	514		251
513	515		may by rule designate:
514	516		252
515	517		(a) a certain portion of the offender's funds as interest-bearing savings; and
516	518		253
517	519		(b) a portion of the offender's funds as noninterest-bearing to be used for day-to-day
518	520		254
519	521		expenses.
520	522		255
521	523		(5)(a) The department may withhold part of the offender's funds in an account under
522	524		256
523	525		Subsection (1) for expenses of:
524	526		257
525	527		[(a)] (i) supervision or treatment;
526	528		258
527	529		[(b)] (ii) restitution, reparation, fines, alimony, support payments, or similar
528	530		259
529	531		court-ordered payments;
530	532		260
531	533		[(c)] (iii) obtaining the offender's DNA specimen, if the offender is required under
532	534		261
533	535		Section 53-10-404 to provide a specimen;
534	536		262
535	537		[(d)] (iv) department-ordered repayment of a fine that is incurred under Section
536	538		263
537	539		64-13-33; and
538	540		264
539	541		[(e)] (v) other debt to the state.
540	542		265
541	543		(b) The department shall provide or make available an account statement at least every
542		-	- 8 - Enrolled Copy H.B. 224
543	544		266
544	545		two weeks to each inmate who has an account under Subsection (1) that contains:
	546	+	- 8 - 01-29 18:11 2nd Sub. (Gray) H.B. 224
545	547		267
546	548		(i) a list of the inmate's known existing debts, including debts related to the inmate's
547	549		268
548	550		restitution, court costs, fines, tax obligations, alimony, child support, other
549	551		269
550	552		court-ordered payments, and similar debts;
551	553		270
552	554		(ii) information regarding incentives for paying certain debts while incarcerated; and
553	555		271
554	556		(iii) information on how the inmate can access information concerning:
555	557		272
556	558		(A) the debts listed in Subsection (5)(b)(i); and
557	559		273
558	560		(B) educational resources on financial literacy and money management.
559	561		274
560	562		(c) The department may provide an account statement to a former inmate through the
561	563		275
562	564		former inmate's parole officer through the Division of Adult Probation and Parole
563	565		276
564	566		upon request.
565	567		277
566	568		(6)(a) An offender may not be granted free process in civil actions, including petitions
567	569		278
568	570		for a writ of habeas corpus, if, at any time from the date the cause of action arose
569	571		279
570	572		through the date the cause of action remains pending, there are any funds in an
571	573		280
572	574		account under Subsection (1) that have not been withheld or are not subject to
573	575		281
574	576		withholding under Subsection (4) or (5).
575	577		282
576	578		(b) The amount assessed for the filing fee, service of process and other fees and costs
577	579		283
578	580		shall not exceed the total amount of funds the offender has in excess of the indigence
579	581		284
580	582		threshold established by the department but not less than $25 including the
581	583		285
582	584		withholdings under Subsection (4) or (5) during the identified period of time.
583	585		286
584	586		(c) The amounts assessed shall not exceed the regular fees and costs provided by law.
585	587		287
586	588		(7) The department may disclose information on offender accounts to the Office of
587	589		288
588	590		Recovery Services and other appropriate state agencies.
589	591		289
590	592		(8) The department shall publish a notice on the department's website, and any website used
591	593		290
592	594		by an individual depositing funds into an offender's account, that the individual may
593	595		291
594	596		request from the department a copy of a statement of the offender's financial account in
595	597		292
596	598		accordance with Title 63G, Chapter 2, Government Records Access and Management
597	599		293
598	600		Act.
599	601		294
600	602		(9)(a)(i) Beginning on January 1, 2027, within 15 days after an inmate has been
601	603		295
602	604		incarcerated in a state prison for 90 consecutive days, the department shall notify
603	605		296
604	606		the Office of State Debt Collection, the State Tax Commission, and the Office of
605	607		297
606	608		Recovery Services about the inmate's incarceration, including:
607	609		298
608	610		(A) the relevant dates of the inmate's incarceration and identifying information
609	611		299
610	612		concerning the inmate's identity; and
611		-	- 9 - H.B. 224 Enrolled Copy
612	613		300
613	614		(B) whether the inmate's incarceration is based on criminal non-payment of a child
	615	+	- 9 - 2nd Sub. (Gray) H.B. 224 01-29 18:11
614	616		301
615	617		support order or an offense against the child or custodial parent.
616	618		302
617	619		(ii) Beginning on January 1, 2027, within 15 days after the day on which an inmate is
618	620		303
619	621		released from incarceration, the department shall notify the entities listed in
620	622		304
621	623		Subsection (9)(a)(i) of the inmate's release date.
622	624		305
623	625		(b) The requirement described in Subsection (9)(a)(i) does not apply if a court, county
624	626		306
625	627		jail, or other entity previously has notified the agencies listed in Subsection (9)(a)(i)
626	628		307
627	629		about the inmate's incarceration.
628	630		308
629	631		(10)(a) The department shall, on a periodic basis, offer educational resources to one or
630	632		309
631	633		more individuals designated by an inmate concerning financial incentives for
632	634		310
633	635		repaying certain debts during an inmate's incarceration.
634	636		311
635	637		(b) The department may, if the department has received an inmate's consent, provide one
636	638		312
637	639		or more individuals designated by an inmate with information concerning the
638	640		313
639	641		inmate's current financial account balance and existing known debts, in addition to
640	642		314
641	643		the information provided under Subsection (10)(a).
642	644		315
643	645		Section 5. Section 81-6-101 is amended to read:
644	646		316
645	647		81-6-101 . Definitions for chapter.
646	648		317
647	649		As used in this chapter:
648	650		318
649	651		(1) "Administrative agency" means the Office of Recovery Services or the Department of
650	652		319
651	653		Health and Human Services.
652	654		320
653	655		(2) "Administrative order" means the same as that term is defined in Section 26B-9-201.
654	656		321
655	657		(3) "Alimony" means the same as that term is defined in Section 81-4-101.
656	658		322
657	659		(4) "Base child support award" means the award that may be ordered and is calculated
658	660		323
659	661		using the child support guidelines before additions for medical expenses and
660	662		324
661	663		work-related child care costs.
662	664		325
663	665		(5) "Base combined child support obligation" means the presumed amount of child support
664	666		326
665	667		that the parents should provide for their child as described in Subsection 81-6-204(1).
666	668		327
667	669		(6) "Base combined child support obligation table" means the appropriate table described in
668	670		328
669	671		Sections 81-6-302 and 81-6-304.
670	672		329
671	673		(7) "Child" means:
672	674		330
673	675		(a) a son or daughter who is under 18 years old and who is not otherwise emancipated,
674	676		331
675	677		self-supporting, married, or a member of the armed forces of the United States;
676	678		332
677	679		(b) a son or daughter who is 18 years old or older while enrolled in high school during
678	680		333
679	681		the normal and expected year of graduation and not otherwise emancipated,
680		-	- 10 - Enrolled Copy H.B. 224
681	682		334
682	683		self-supporting, married, or a member of the armed forces of the United States; or
	684	+	- 10 - 01-29 18:11 2nd Sub. (Gray) H.B. 224
683	685		335
684	686		(c) a son or daughter of any age who is incapacitated from earning a living and, if able to
685	687		336
686	688		provide some financial resources to the family, is not able to support self by own
687	689		337
688	690		means.
689	691		338
690	692		(8)(a) "Child support" means a base child support award, or a monthly financial award
691	693		339
692	694		for uninsured medical expenses, ordered by a tribunal for the support of a child.
693	695		340
694	696		(b) "Child support" includes current periodic payments, arrearages that accrue under an
695	697		341
696	698		order for current periodic payments, and sum certain judgments awarded for
697	699		342
698	700		arrearages, medical expenses, and child care costs.
699	701		343
700	702		(9) "Child support guidelines" means the calculation and application of child support as
701	703		344
702	704		described in Part 2, Calculation and Adjustment of Child Support.
703	705		345
704	706		(10) "Child support order" means a judgment, decree, or order issued by a tribunal whether
705	707		346
706	708		temporary, final, or subject to modification, that:
707	709		347
708	710		(a) establishes or modifies child support;
709	711		348
710	712		(b) reduces child support arrearages to judgment; or
711	713		349
712	714		(c) establishes child support or registers a child support order under Title 78B, Chapter
713	715		350
714	716		14, Utah Uniform Interstate Family Support Act.
715	717		351
716	718		(11) "Child support tables" means the tables described in Part 3, Child Support Tables.
717	719		352
718	720		(12) "Child support services" means the same as that term is defined in Section 26B-9-101.
719	721		353
720	722		(13) "Gross income" means the amount of income calculated for a parent as described in
721	723		354
722	724		Section 81-6-203.
723	725		355
724	726		(14) "Health care coverage" means coverage under which medical services are provided to
725	727		356
726	728		a child through:
727	729		357
728	730		(a) fee for service;
729	731		358
730	732		(b) a health maintenance organization;
731	733		359
732	734		(c) a preferred provider organization;
733	735		360
734	736		(d) any other type of private health insurance; or
735	737		361
736	738		(e) public health care coverage.
737	739		362
738	740		(15)(a) "Incarceration" means the placement of an obligor who has been ordered to pay
739	741		363
740	742		child support into a carceral setting in which the obligor is not permitted to earn
741	743		364
742	744		wages from employment outside of the carceral setting.
743	745		365
744	746		(b) "Incarceration" does not include being placed on probation, parole, or work release.
745	747		366
746	748		[(15)] (16)(a) "Income" means earnings, compensation, or other payment due to an
747	749		367
748	750		individual, regardless of source, whether denominated as wages, salary, commission,
749		-	- 11 - H.B. 224 Enrolled Copy
750	751		368
751	752		bonus, pay, allowances, contract payment, or otherwise, including severance pay,
	753	+	- 11 - 2nd Sub. (Gray) H.B. 224 01-29 18:11
752	754		369
753	755		sick pay, and incentive pay.
754	756		370
755	757		(b) "Income" includes:
756	758		371
757	759		(i) all gain derived from capital assets, labor, or both, including profit gained through
758	760		372
759	761		sale or conversion of capital assets;
760	762		373
761	763		(ii) interest and dividends;
762	764		374
763	765		(iii) periodic payments made under pension or retirement programs or insurance
764	766		375
765	767		policies of any type;
766	768		376
767	769		(iv) unemployment compensation benefits;
768	770		377
769	771		(v) workers' compensation benefits; and
770	772		378
771	773		(vi) disability benefits.
772	774		379
773	775		[(16)] (17) "Joint physical custody" means the same as that term is defined in Section
774	776		380
775	777		81-9-101.
776	778		381
777	779		[(17)] (18) "Low income table" means the appropriate table under Section 81-6-303 or
778	780		382
779	781		81-6-305.
780	782		383
781	783		[(18)] (19) "Medical expenses" means health and dental expenses and related insurance
782	784		384
783	785		costs.
784	786		385
785	787		[(19)] (20) "Minor child" means a child who is younger than 18 years old.
786	788		386
787	789		[(20)] (21) "Obligee" means an individual, this state, another state, or another comparable
788	790		387
789	791		jurisdiction to whom child support is owed or who is entitled to reimbursement of child
790	792		388
791	793		support or public assistance.
792	794		389
793	795		[(21)] (22) "Obligor" means a person owing a duty of support.
794	796		390
795	797		[(22)] (23) "Office" means the Office of Recovery Services within the Department of Health
796	798		391
797	799		and Human Services.
798	800		392
799	801		[(23)] (24) "Pregnancy expenses" means an amount equal to:
800	802		393
801	803		(a) the sum of a pregnant mother's:
802	804		394
803	805		(i) health insurance premiums while pregnant that are not paid by an employer or
804	806		395
805	807		government program; and
806	808		396
807	809		(ii) medical costs related to the pregnancy, incurred after the date of conception and
808	810		397
809	811		before the pregnancy ends; and
810	812		398
811	813		(b) minus any portion of the amount described in Subsection [(23)(a)] (24)(a) that a court
812	814		399
813	815		determines is equitable based on the totality of the circumstances, not including any
814	816		400
815	817		amount paid by the mother or father of the child.
816	818		401
817	819		[(24)] (25) "Split custody" means that each parent has physical custody of at least one of the
818		-	- 12 - Enrolled Copy H.B. 224
819	820		402
820	821		children.
	822	+	- 12 - 01-29 18:11 2nd Sub. (Gray) H.B. 224
821	823		403
822	824		[(25)] (26) "State" means a state, territory, possession of the United States, the District of
823	825		404
824	826		Columbia, the Commonwealth of Puerto Rico, Native American tribe, or other
825	827		405
826	828		comparable domestic or foreign jurisdiction.
827	829		406
828	830		[(26)] (27) "Support" means past-due, present, and future obligations to provide for the
829	831		407
830	832		financial support, maintenance, or medical expenses of a child.
831	833		408
832	834		[(27)] (28) "Support order" means:
833	835		409
834	836		(a) a child support order; or
835	837		410
836	838		(b) a judgment, decree, or order by a tribunal, whether temporary, final, or subject to
837	839		411
838	840		modification, for alimony.
839	841		412
840	842		(29) "Suspension" means adjusting a child support order to zero dollars during the period of
841	843		413
842	844		an obligor's incarceration.
843	845		414
844	846		[(28)] (30) "Temporary" means a period of time that is projected to be less than 12 months
845	847		415
846	848		in duration.
847	849		416
848	850		[(29)] (31) "Third party" means an agency or a person other than a parent or a child who
849	851		417
850	852		provides care, maintenance, and support to a child.
851	853		418
852	854		[(30)] (32) "Tribunal" means the district court, the Department of Health and Human
853	855		419
854	856		Services, Office of Recovery Services, or court or administrative agency of a state,
855	857		420
856	858		territory, possession of the United States, the District of Columbia, the Commonwealth
857	859		421
858	860		of Puerto Rico, Native American tribe, or other comparable domestic or foreign
859	861		422
860	862		jurisdiction.
861	863		423
862	864		[(31)] (33) "Work-related child care expenses" means reasonable child care costs for up to a
863	865		424
864	866		full-time work week or training schedule as necessitated by the employment or training
865	867		425
866	868		of a parent.
867	869		426
868	870		[(32)] (34) "Worksheet" means a form used to aid in calculating the base child support
869	871		427
870	872		award.
871	873		428
872	874		Section 6. Section 81-6-203 is amended to read:
873	875		429
874	876		81-6-203 . Determination of gross income for child support -- Imputing income to
875	877		430
876	878		a parent.
877	879		431
878	880		(1)(a) Each parent shall provide verification of current income to the court or
879	881		432
880	882		administrative agency.
881	883		433
882	884		(b) Each parent shall provide year-to-date pay stubs or employer statements and
883	885		434
884	886		complete copies of tax returns from at least the most recent year, unless the court
885	887		435
886	888		finds the verification is not reasonably available.
887		-	- 13 - H.B. 224 Enrolled Copy
888	889		436
889	890		(c) Verification of income from records maintained by the Department of Workforce
	891	+	- 13 - 2nd Sub. (Gray) H.B. 224 01-29 18:11
890	892		437
891	893		Services may be substituted for pay stubs, employer statements, and income tax
892	894		438
893	895		returns.
894	896		439
895	897		(2)(a) To calculate gross income of a parent, the court or administrative agency may
896	898		440
897	899		include:
898	900		441
899	901		(i) prospective income of the parent, including income from earned and nonearned
900	902		442
901	903		sources, such as salaries, wages, commissions, royalties, bonuses, rents, gifts from
902	904		443
903	905		anyone, prizes, dividends, severance pay, pensions, interest, trust income, alimony
904	906		444
905	907		from previous marriages, annuities, capital gains, Social Security benefits, worker
906	908		445
907	909		compensation benefits, unemployment compensation, income replacement
908	910		446
909	911		disability insurance benefits, and payments from nonmeans-tested government
910	912		447
911	913		programs; and
912	914		448
913	915		(ii) income imputed to the parent as described in Subsection (6).
914	916		449
915	917		(b) Income from earned income sources is limited to the equivalent of one full-time
916	918		450
917	919		40-hour job.
918	920		451
919	921		(c) If and only if during the time before the original support order, the parent normally
920	922		452
921	923		and consistently worked more than 40 hours at the parent's job, the court may
922	924		453
923	925		consider this extra time as a pattern in calculating the parent's ability to provide child
924	926		454
925	927		support.
926	928		455
927	929		(3)(a) The court or administrative agency shall use historical and current earnings to
928	930		456
929	931		determine whether an underemployment or overemployment situation exists.
930	932		457
931	933		[(b) The office may not treat incarceration of at least six months as voluntary
932	934		458
933	935		unemployment in establishing or modifying a support order.]
934	936		459
935	937		(b) When establishing or modifying a child support order for an obligor who is a parent
936	938		460
937	939		and incarcerated, the office shall follow the requirements of Section 81-6-211.5.
938	940		461
939	941		(4)(a) To calculate income from self-employment or operation of a business, the court or
940	942		462
941	943		administrative agency:
942	944		463
943	945		(i) shall calculate gross income from self-employment or operation of a business by
944	946		464
945	947		subtracting necessary expenses required for self-employment or business
946	948		465
947	949		operation from gross receipts;
948	950		466
949	951		(ii) shall review income and expenses from self-employment or operation of a
950	952		467
951	953		business to determine an appropriate level of gross income available to the parent
952	954		468
953	955		to satisfy a child support award; and
954	956		469
955	957		(iii) may only deduct those expenses necessary to allow the business to operate at a
956		-	- 14 - Enrolled Copy H.B. 224
957	958		470
958	959		reasonable level from gross receipts.
	960	+	- 14 - 01-29 18:11 2nd Sub. (Gray) H.B. 224
959	961		471
960	962		(b) Gross income determined under this Subsection (4) may differ from the amount of
961	963		472
962	964		business income determined for tax purposes.
963	965		473
964	966		(5) When possible, the court or administrative agency shall determine the average monthly
965	967		474
966	968		gross income for each parent by:
967	969		475
968	970		(a) calculating the gross income of each parent on an annual basis; and
969	971		476
970	972		(b) dividing the annual gross income for each parent by 12.
971	973		477
972	974		(6)(a) The court or administrative agency may not impute income to a parent unless the
973	975		478
974	976		parent stipulates to the amount imputed, the parent defaults, or, in contested cases, a
975	977		479
976	978		hearing is held and the court or administrative agency enters findings of fact as to the
977	979		480
978	980		evidentiary basis for the imputation.
979	981		481
980	982		(b) If income is imputed to a parent, the court or administrative agency shall base
981	983		482
982	984		income upon employment potential and probable earnings considering, to the extent
983	985		483
984	986		known:
985	987		484
986	988		(i) employment opportunities;
987	989		485
988	990		(ii) work history;
989	991		486
990	992		(iii) occupation qualifications;
991	993		487
992	994		(iv) educational attainment;
993	995		488
994	996		(v) literacy;
995	997		489
996	998		(vi) age;
997	999		490
998	1000		(vii) health;
999	1001		491
1000	1002		(viii) criminal record;
1001	1003		492
1002	1004		(ix) other employment barriers and background factors; and
1003	1005		493
1004	1006		(x) prevailing earnings and job availability for persons of similar backgrounds in the
1005	1007		494
1006	1008		community.
1007	1009		495
1008	1010		(c) If a parent has no recent work history or a parent's occupation is unknown, the court
1009	1011		496
1010	1012		or administrative agency may impute an income to that parent at the federal
1011	1013		497
1012	1014		minimum wage for a 40-hour work week.
1013	1015		498
1014	1016		(d) To impute a greater or lesser income, the court or administrative agency shall enter
1015	1017		499
1016	1018		specific findings of fact as to the evidentiary basis for the imputation.
1017	1019		500
1018	1020		(e) The court or administrative agency may not impute income to a parent if any of the
1019	1021		501
1020	1022		following conditions exist and the condition is not of a temporary nature:
1021	1023		502
1022	1024		(i) the reasonable costs of child care for the parents' minor child approach or equal
1023	1025		503
1024	1026		the amount of income the custodial parent can earn;
1025		-	- 15 - H.B. 224 Enrolled Copy
1026	1027		504
1027	1028		(ii) a parent is physically or mentally unable to earn minimum wage;
	1029	+	- 15 - 2nd Sub. (Gray) H.B. 224 01-29 18:11
1028	1030		505
1029	1031		(iii) a parent is engaged in career or occupational training to establish basic job skills;
1030	1032		506
1031	1033		or
1032	1034		507
1033	1035		(iv) unusual emotional or physical needs of a child require the custodial parent's
1034	1036		508
1035	1037		presence in the home.
1036	1038		509
1037	1039		(7) Notwithstanding Subsection (2), the court or administrative agency may not include the
1038	1040		510
1039	1041		following sources of income when calculating the gross income of a parent:
1040	1042		511
1041	1043		(a) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
1042	1044		512
1043	1045		Program;
1044	1046		513
1045	1047		(b) benefits received under a housing subsidy program, the Job Training Partnership Act,
1046	1048		514
1047	1049		Supplemental Security Income, Social Security Disability Insurance, Medicaid,
1048	1050		515
1049	1051		SNAP benefits, or General Assistance;
1050	1052		516
1051	1053		(c) other similar means-tested welfare benefits received by a parent;
1052	1054		517
1053	1055		(d) the earned income of a child who is the subject of a child support award; or
1054	1056		518
1055	1057		(e) except as otherwise provided in Subsection (8), the benefits to a child in the child's
1056	1058		519
1057	1059		own right, such as Supplemental Security Income.
1058	1060		520
1059	1061		(8)(a) The court or administrative agency shall credit, as child support, the amount of
1060	1062		521
1061	1063		social security benefits received by a child due to the earnings of the parent on whose
1062	1064		522
1063	1065		earning record the social security benefits are based by crediting the amount against
1064	1066		523
1065	1067		the potential obligation of that parent.
1066	1068		524
1067	1069		(b) The court or administrative agency may consider other unearned income of a child as
1068	1070		525
1069	1071		income of a parent depending upon the circumstances of each case.
1070	1072		526
1071	1073		Section 7. Section 81-6-211.5 is enacted to read:
1072	1074		527
1073	1075		81-6-211.5 . Child support orders for an incarcerated obligor -- Suspension --
1074	1076		528
1075	1077		Exceptions.
1076	1078		529
1077	1079		(1) The office may not treat incarceration of 90 or more consecutive days as voluntary
1078	1080		530
1079	1081		unemployment in establishing or modifying a child support order.
1080	1082		531
1081	1083		(2)(a) Except as provided in Subsection (2)(c), for any period of 90 or more consecutive
1082	1084		532
1083	1085		days of the obligor's incarceration, suspension of a money judgment or support order
1084	1086		533
1085	1087		issued in this state for an obligor ordered to pay child support shall occur by
1086	1088		534
1087	1089		operation of law.
1088	1090		535
1089	1091		(b) For a suspension under Subsection (2)(a), the office shall:
1090	1092		536
1091	1093		(i) retroactively date the period of suspension to the date on which the office notified
1092	1094		537
1093	1095		the required parties of the suspension, with the eligible period beginning on the
1094		-	- 16 - Enrolled Copy H.B. 224
1095	1096		538
1096	1097		first day of the first full month of the date that the office provided the parties with
	1098	+	- 16 - 01-29 18:11 2nd Sub. (Gray) H.B. 224
1097	1099		539
1098	1100		the notification;
1099	1101		540
1100	1102		(ii) issue a balance credit for any funds collected during the period of suspension,
1101	1103		541
1102	1104		unless the funds have already been distributed, in which case, the funds may not
1103	1105		542
1104	1106		be credited or otherwise recovered; and
1105	1107		543
1106	1108		(iii) resume the obligation described in Subsection (2)(a) on the first day of the first
1107	1109		544
1108	1110		full month that occurs once 90 days have passed after the day on which the
1109	1111		545
1110	1112		obligor is released from incarceration.
1111	1113		546
1112	1114		(c) The office may not suspend an obligation under Subsection (2)(a) if the obligor is
1113	1115		547
1114	1116		incarcerated for:
1115	1117		548
1116	1118		(i) criminal non-payment of a child support order; or
1117	1119		549
1118	1120		(ii) an offense against the inmate's child or custodial parent of the inmate's child.
1119	1121		550
1120	1122		(3) The suspension described in Subsection (2)(a) is only applicable for an obligor whose
1121	1123		551
1122	1124		term of incarceration begins on or after January 1, 2027.
1123	1125		552
1124	1126		Section 8. Effective Date.
1125	1127		553
1126	1128		This bill takes effect on May 7, 2025.
1127	1129		- 17 -