02-12 11:10 4th Sub. (Green) H.B. 312
Karianne Lisonbee proposes the following substitute bill:
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Criminal Justice Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: Brady Brammer
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LONG TITLE
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General Description:
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This bill modifies statutory provisions related to criminal justice.
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Highlighted Provisions:
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This bill:
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▸ modifies provisions related to the release of individuals due to overcrowding of
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correctional facilities;
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▸ requires a county sheriff who permits probation to establish probations standards and
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procedures adopted by the Utah Sheriffs' Association;
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▸ prohibits the use of state funds for a syringe exchange program;
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▸ prohibits the Department of Corrections from housing inmates in a private correctional
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facility, unless the purpose is federal immigration detention or civil detention;
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▸ adds "detention removal officer" to the definition of federal officers who have statewide
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law enforcement authority;
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▸ modifies contractual term requirements for the state court administrator in relation to
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providing security;
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▸ modifies provisions related to the definition and calculation of the state daily
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incarceration rate;
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▸ modifies permitted uses for funds in the Adult Probation and Parole Employment
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Incentive Program;
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▸ adds strangulation or choking as a criminal offense included with the crime of
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commission of domestic violence in the presence of a child;
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▸ requires that the Department of Corrections may only contract with a county facility to
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house state inmates in a county correctional facility;
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▸ modifies the definition of habitual offender and makes conforming changes;
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▸ requires a county sheriff to report statistics on releases due to overcrowding and pretrial
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release;
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▸ modifies provisions related to a county sheriff's release of individuals on their own
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recognizance;
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▸ prohibits a county jail official from fixing a financial condition for an individual with a
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misdemeanor charge for certain domestic violence and driving under the influence
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offenses;
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▸ modifies provisions related to a magistrate's orders for pretrial release or detention;
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▸ repeals the Subcommittee on County Correctional Facility Contracting and
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Reimbursement; 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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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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17-22-5.5, as last amended by Laws of Utah 2024, Chapter 419
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17-22-5.6, as enacted by Laws of Utah 2024, Chapter 16
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26B-7-117, as last amended by Laws of Utah 2024, Chapter 250
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53-13-106, as last amended by Laws of Utah 2020, Chapter 153
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64-13d-103, as enacted by Laws of Utah 1999, Chapter 288
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64-13e-102, as last amended by Laws of Utah 2024, Chapter 467
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64-13e-103, as last amended by Laws of Utah 2023, Chapter 246
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64-13e-103.1, as last amended by Laws of Utah 2024, Chapter 467
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64-13e-103.3, as enacted by Laws of Utah 2023, Chapter 246
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64-13g-102, as last amended by Laws of Utah 2024, Chapter 208
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76-5-114, as renumbered and amended by Laws of Utah 2022, Chapter 181
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77-18-102, as last amended by Laws of Utah 2024, Chapters 245, 434
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77-18-103, as last amended by Laws of Utah 2024, Chapters 187, 245 and 434
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77-20-103, as renumbered and amended by Laws of Utah 2021, Second Special Session,
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Chapter 4
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77-20-203, as last amended by Laws of Utah 2024, Chapter 16
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77-20-204, as last amended by Laws of Utah 2024, Chapter 16
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77-20-402, as renumbered and amended by Laws of Utah 2021, Second Special Session,
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Chapter 4
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ENACTS:
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64-13-51, Utah Code Annotated 1953
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REPEALS:
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64-13e-105, as last amended by Laws of Utah 2024, Chapter 467
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77-27-21.9, as enacted by Laws of Utah 2008, Chapter 309
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 17-22-5.5 is amended to read:
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17-22-5.5 . Sheriff's classification of jail facilities -- Maximum operating capacity
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of jail facilities -- Transfer or release of prisoners -- Limitation -- Records regarding
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release.
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(1)(a) Except as provided in Subsection [(4)] (5), a county sheriff shall determine:
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(i) subject to Subsection (1)(b), the classification of each jail facility or section of a
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jail facility under the sheriff's control;
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(ii) the nature of each program conducted at a jail facility under the sheriff's control;
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and
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(iii) the internal operation of a jail facility under the sheriff's control.
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(b) A classification under Subsection (1)(a)(i) of a jail facility may not violate any
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applicable zoning ordinance or conditional use permit of the county or municipality.
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(2) Except as provided in Subsection [(4)] (5), each county sheriff shall:
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(a) with the approval of the county legislative body, establish a maximum operating
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capacity for each jail facility under the sheriff's control, based on facility design and
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staffing; and
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(b) upon a jail facility reaching the jail facility's maximum operating capacity:
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(i) transfer prisoners to another appropriate facility:
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(A) under the sheriff's control; or
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(B) available to the sheriff by contract;
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(ii) subject to the requirements of Subsection (4), release prisoners:
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(A) to a supervised release program, according to release criteria established by
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the sheriff; or
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(B) to another alternative incarceration program developed by the sheriff; or
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(iii) admit prisoners in accordance with law and a uniform admissions policy
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imposed equally upon all entities using the county jail.
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(3)(a) The sheriff shall keep records of the release status and the type of release program
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or alternative incarceration program for any prisoner released under Subsection
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(2)(b)(ii).
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(b) The sheriff shall make these records available upon request to the Department of
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Corrections, the Judiciary, and the Commission on Criminal and Juvenile Justice.
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(4) Before releasing an individual due to overcrowding, a sheriff shall, consistent with the
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requirements of Subsection (5), contract with another county jail to house an individual
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who:
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(a) is arrested or convicted of a violent criminal offense as defined in Section
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76-3-203.10;
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(b) is arrested or convicted of a drug offense that is a felony;
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(c) is arrested or convicted of possession of any composition or mixture, including pills,
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that contains 100 grams or more of fentanyl or a fentanyl-related substance;
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(d) is arrested or convicted of an offense of driving under the influence or driving with a
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measurable controlled substance in the body, if the offense results in death or serious
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bodily injury to an individual;
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(e) has been arrested or convicted of another crime within the 30-day period
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immediately preceding the date of the arrest or conviction; or
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(f) has been previously booked into the same jail within the immediately preceding
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12-month period;
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(g) has an outstanding warrant for failing to appear in a case:
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(i) involving any charge described in Subsections (4)(a) through (4)(d); or
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(ii) where the individual classifies as a habitual offender as defined in Section
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77-18-102.
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[(4)] (5)(a) This section may not be construed to authorize a sheriff to modify provisions
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of a contract with the Department of Corrections to house in a county jail an
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individual sentenced to the Department of Corrections.
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(b) A county contracting with another county to house an individual:
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(i) shall contract with the nearest county that:
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(A) has available capacity in its county jail; and
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(B) contracts to house the individual;
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(ii) may not house federal detainees; and
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(iii) shall, subject to the agreement of the parties to the contract, pay to the county
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contracting to receive the transferred individual a day per capita rate that does not
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exceed the higher of:
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(A) the current average cost of housing an individual in the transferring county
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jail; or
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(B) the daily incarceration rates described in Section 64-13e-103.1.
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[(5)] (6) Regardless of whether a jail facility has reached the jail facility's maximum
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operating capacity under Subsection (2), a sheriff may release an individual from a jail
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facility in accordance with Section 77-20-203 or 77-20-204.
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[(6)] (7) The sheriff of a county of the first class is encouraged to open and operate all
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sections of a jail facility within the county that is not being used to full capacity.
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Section 2. Section 17-22-5.6 is amended to read:
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17-22-5.6 . Probation supervision -- Violation of probation -- Detention --
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Hearing.
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(1) As used in this section:
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(a) "Probationer" means an individual on probation under the supervision of the county
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sheriff.
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(b)(i) "Qualifying domestic violence offense" means the same as that term is defined
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in Subsection 77-36-1.1(4).
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(ii) "Qualifying domestic violence offense" does not include criminal mischief as
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described in Section 76-6-106.
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(c) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
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(2) A county sheriff who permits an individual to be granted probation shall adopt
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probation standards and practices that are established by the Utah Sheriffs' Association.
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(3) A county sheriff shall ensure that the court is notified of violations of the terms and
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conditions of a probationer's probation when the county sheriff determines that:
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(a) incarceration is recommended as a sanction;
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(b) a graduated and evidence-based response is not an appropriate response to the
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offender's violation and recommends revocation of probation; or
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(c) there is probable cause that the conduct that led to a violation of probation is:
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(i) a violent felony; or
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(ii) a qualifying domestic violence offense.
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[(3)] (4) A county sheriff may take custody of, and detain, a probationer for a maximum of
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72 hours, excluding weekends and holidays, if there is probable cause to believe that the
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probationer has committed a violation of probation.
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[(4)] (5) A county sheriff may not detain a probationer or parolee for longer than 72 hours
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without obtaining a warrant issued by the court.
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[(5)] (6) If the county sheriff detains a probationer under Subsection [(3)] (4), the county
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sheriff shall ensure the proper court is notified.
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[(6)] (7) A written order from the county sheriff is sufficient authorization for a peace
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officer to incarcerate a probationer if the county sheriff has determined that there is
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probable cause to believe that the probationer has violated the conditions of probation.
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[(7)] (8) If a probationer commits a violation outside of the jurisdiction of the county sheriff
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supervising the probationer, the arresting law enforcement agency is not required to hold
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or transport the probationer to the county sheriff.
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[(8)] (9) This section does not require the county sheriff to release a probationer who is
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being held for something other than a probation violation, including a warrant issued for
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new criminal conduct or a new conviction where the individual is sentenced to
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incarceration.
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Section 3. Section 26B-7-117 is amended to read:
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26B-7-117 . Syringe exchange and education.
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(1) The following may operate a syringe exchange program in the state to prevent the
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transmission of disease and reduce morbidity and mortality among individuals who
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inject drugs, and those individuals' contacts:
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(a) a government entity, including:
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(i) the department;
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(ii) a local health department; or
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(iii) a local substance abuse authority, as defined in Section 26B-5-101;
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(b) a nongovernment entity, including:
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(i) a nonprofit organization; or
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(ii) a for-profit organization; or
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(c) any other entity that complies with Subsections (2) and (3).
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(2) An entity operating a syringe exchange program in the state shall:
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(a) facilitate the exchange of an individual's used syringe for one or more new syringes
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in sealed sterile packages;
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(b) ensure that a recipient of a new syringe is given verbal and written instruction on:
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(i) methods for preventing the transmission of blood-borne diseases, including
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hepatitis C and human immunodeficiency virus; and
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(ii) options for obtaining:
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(A) services for the treatment of a substance use disorder;
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(B) testing for a blood-borne disease; and
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(C) an opiate antagonist; and
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(c) report annually to the department the following information about the program's
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activities:
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(i) the number of individuals who have exchanged syringes;
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(ii) the number of used syringes exchanged for new syringes; and
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(iii) the number of new syringes provided in exchange for used syringes.
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(3) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, specifying how and when an entity operating a syringe
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exchange program shall make the report required by Subsection (2)(c).
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(4) The use of state funds to operate a syringe exchange program is prohibited. Nothing in
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this section should be construed to prohibit the use or distribution of municipal, county,
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or federal funds in operating or financing a syringe exchange program under this section.
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Section 4. Section 53-13-106 is amended to read:
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53-13-106 . Federal officers -- State law enforcement authority.
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(1)(a) "Federal agency" means:
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(i) the United States Bureau of Land Management;
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(ii) the United States Forest Service;
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(iii) the National Park Service;
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(iv) the United States Fish and Wildlife Service;
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(v) the United States Bureau of Reclamation;
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(vi) the United States Environmental Protection Agency;
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(vii) the United States Army Corps of Engineers; and
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(viii) the Department of Veterans Affairs.
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(b) "Federal employee" means an employee of a federal agency.
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(c) "Federal officer" includes:
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(i) a special agent of the Federal Bureau of Investigation;
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(ii) a special agent of the United States Secret Service;
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(iii) a special agent of the United States Department of Homeland Security, excluding
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a customs inspector[ or detention removal officer];
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(iv) a special agent of the Bureau of Alcohol, Tobacco and Firearms;
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(v) a special agent of the Drug Enforcement Administration;
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(vi) a United States marshal, deputy marshal, and special deputy United States
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marshal;
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(vii) a U.S. postal inspector of the United States Postal Inspection Service; and
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(viii) a police officer of the Department of Veterans Affairs.
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(d)(i) Federal officers listed in Subsection (1)(c) have statewide law enforcement
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authority relating to felony offenses under the laws of this state. [ ]This Subsection
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(1)(d)(i) takes precedence over Subsection (2).
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(ii) Federal agencies and federal employees may exercise law enforcement authority
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related to misdemeanor and felony offenses under Utah law only as established by
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an agreement as provided in Subsection (1)(d)(iii) and as provided in Section
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53-13-106.9 or pursuant to Section 53-13-106.7. This Subsection (1)(d)(ii) takes
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precedence over Subsection (2).
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(iii) Consistent with Section 53-13-106.9, county sheriffs may enter into agreements
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with federal agencies that allow concurrent authority to enforce federal laws and
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state and local laws, provided that:
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(A) the agreement is limited to a term of not more than two years; and
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(B) the officers granted authority under the agreement have completed a 20-hour
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training course that is focused on Utah criminal law and procedure and that is
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approved by the director of the Peace Officer Standards and Training Division.
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(e) The council may designate other federal peace officers, as necessary, if the officers:
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(i) are persons employed full-time by the United States government as federally
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recognized law enforcement officers primarily responsible for the investigation
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and enforcement of the federal laws;
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(ii) have successfully completed formal law enforcement training offered by an
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agency of the federal government consisting of not less than 400 hours; and
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(iii) maintain in-service training in accordance with the standards set forth in Section
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53-13-103.
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(2) Except as otherwise provided under Title 63L, Chapter 1, Federal Jurisdiction, and Title
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77, Chapter 9, Uniform Act on Fresh Pursuit, a federal officer may exercise state law
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enforcement authority only if:
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(a) the state law enforcement agencies and county sheriffs with jurisdiction enter into an
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agreement with the federal agency to be given authority; and
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(b) except as provided in Subsection (3), each federal officer employed by the federal
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agency meets the waiver requirements set forth in Section 53-6-206.
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(3) A federal officer working as such in the state on or before July 1, 1995, may exercise
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state law enforcement authority without meeting the waiver requirement.
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(4) At any time, consistent with any contract with a federal agency, a state or local law
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enforcement authority may withdraw state law enforcement authority from any
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individual federal officer by sending written notice to the federal agency and to the
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division.
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(5) The authority of a federal officer under this section is limited to the jurisdiction of the
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authorizing state or local agency, and may be further limited by the state or local agency
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to enforcing specific statutes, codes, or ordinances.
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Section 5. Section 64-13-51 is enacted to read:
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64-13-51 . Sex offender assessment.
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(1) As used in this section:
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(a) "Dynamic factors" means a person's individual characteristics, issues, resources, or
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circumstances that:
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(i) can change or be influenced; and
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(ii) affect the risk of recidivism or the risk of violating conditions of probation or
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parole.
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(b) "Multi-domain assessment" means an evaluation process or tool which reports in
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quantitative and qualitative terms an offender's condition, stability, needs, resources,
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and dynamic factors affecting the offender's transition into the community and
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compliance with conditions of probation or parole, such as the following:
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(i) alcohol and other drug use;
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(ii) mental health status;
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(iii) physical health;
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(iv) criminal behavior;
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(v) education;
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(vi) emotional health and barriers;
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(vii) employment;
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(viii) family dynamics;
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(ix) housing;
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(x) physical health and nutrition;
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(xi) spirituality;
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(xii) social support systems;
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(xiii) special population needs, including:
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(A) co-existing disorders;
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(B) domestic violence;
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(C) drug of choice;
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(D) gender, ethnic, and cultural considerations;
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(E) other health issues;
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(F) sexual abuse; and
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(G) sexual orientation;
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(xiv) transportation; and
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(xv) treatment involvement.
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(c) "Qualitative terms" means written summaries used to describe meaning, enrich, or
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explain significant quantitative indicators or benchmarks within the areas defined in
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Subsection (1)(b).
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(d) "Quantitative terms" means numerical distinctions or benchmarks used to describe
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conditions within the areas defined in Subsection (1)(b).
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(2) The department shall issue a request for proposals to provide a periodic multi-domain
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assessment tool, as defined in Subsection (1)(b) and implement the tool for a three-year
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trial period in the management of sex offenders being supervised in the community in
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the department's Region 3.
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(3) The request for proposals shall include a requirement that the multi-domain assessment
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tool be designed to be administered:
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(a) every 16 weeks during the first year a sex offender is supervised in the community;
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and
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(b) every 12 to 26 weeks during the second and subsequent years a sex offender is
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supervised in the community, as determined appropriate by the department's
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supervisory personnel and the sex offender's treatment team.
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(4) The department shall promptly make results of the multi-domain assessment available
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to:
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(a) the sex offender's treatment team; and
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(b) the corrections personnel responsible for supervising the offender.
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(5) The department shall provide to the legislative Law Enforcement and Criminal Justice
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Interim Committee at the conclusion of the trial period a written report of the results of
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the use of the multi-domain assessments, including:
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(a) the impact on recidivism;
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(b) other indicators of the effect of the use of the assessments;
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(c) the number of assessments administered annually;
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(d) the number of individuals who were assessed during the year; and
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(e) any recommended legislative or policy changes.
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Section 6. Section 64-13d-103 is amended to read:
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64-13d-103 . Private contracts -- Limitations on purpose -- Requirements before
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entering into contract -- Required terms.
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(1)(a) The department may contract with a contractor to finance, acquire, construct,
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lease, or provide full or partial correctional services.
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(b) A contractor may only house an inmate for federal immigration detention or civil
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detention. The department may not contract with a contractor to house an inmate for
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any other purpose.
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(2) Before entering into a contract, the department shall:
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(a) hold a public hearing within the county or municipality where the facility is to be
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sited for the purpose of obtaining public comment;
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(b) give consideration to the input received at the public hearing when making decisions
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regarding the awarding of a contract and the contract process; and
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(c) have received written notification from the legislative body of the municipality or
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county where the proposed facility is to be sited, stating that the legislative body has
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agreed to the establishment of the facility within its boundaries.
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(3) Before entering into a contract, the department shall require that the contractor
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proposing to provide the services demonstrate that it has:
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(a) management personnel with the qualifications and experience necessary to carry out
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the terms of the contract;
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(b) sufficient financial resources to:
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(i) complete and operate the facility;
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(ii) provide indemnification for liability arising from the operation of the facility; and
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(iii) provide reimbursement as required under Section 64-13d-105;
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(c) the ability and resources to meet applicable court orders, correctional standards as
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defined by the department, and constitutional requirements; and
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(d) liability insurance adequate to protect the state, the political subdivision where the
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facility is located, and the officers and employees of the facility from all claims and
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losses incurred as a result of action or inaction by the contractor or its employees.
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(4) A contract awarded for the operation of a facility shall be consistent with commonly
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accepted correctional practices as defined by the department and shall include:
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(a) adequate internal and perimeter security to protect the public, employees, and
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inmates, based on the security level of the inmate population;
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(b) work, training, educational, and treatment programs for inmates;
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(c) a minimum correctional officer to inmate ratio;
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(d) imposition of inmate discipline in accordance with applicable state law and
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department policy; and
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(e) adequate food, clothing, housing, and medical care for inmates.
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Section 7. Section 64-13e-102 is amended to read:
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64-13e-102 . Definitions.
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As used in this chapter:
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(1) "Alternative treatment program" means:
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(a) an evidence-based cognitive behavioral therapy program; or
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(b) a certificate-based program provided by:
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(i) an institution of higher education described in Subsection 53B-1-102(1)(b); or
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(ii) a degree-granting institution acting in the degree-granting institution's technical
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education role described in Section 53B-2a-201.
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(2) "Board" means the Board of Pardons and Parole.
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(3) "Commission" means the State Commission on Criminal and Juvenile Justice, created in
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Section 63M-7-201.
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(4)(a) "Condition of probation day" means a day spent by a state probationary inmate in
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a county correctional facility as a condition of probation.
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(b) "Condition of probation day" includes a day spent by a state probationary inmate in a
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county correctional facility:
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(i) after the date of sentencing;
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(ii) before the date of sentencing, if a court orders that the state probationary inmate
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shall receive credit for time served in a county correctional facility before the date
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of sentencing;
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(iii) as a condition of an original order of probation; and
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(iv) as a condition of a new order of probation after a prior revocation of probation.
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(c) "Condition of probation day" does not include a day spent by a state probationary
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inmate in a county correctional facility:
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(i) as a probation sanction day;
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(ii) after the state probationary inmate has spent 365 consecutive days in a county
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correctional facility for a single order of probation;
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(iii) as a condition of a plea in abeyance agreement if a conviction has not been
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entered;
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(iv) on a hold instituted by the federal Immigration and Customs Enforcement
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Agency of the United States Department of Homeland Security; or
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(v) after the termination of probation if the state probationary inmate is:
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(A) sentenced to prison; or
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(B) eligible for release.
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(5) "Department" means the Department of Corrections, created in Section 64-13-2.
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(6) "Division" means the Division of Finance, created in Section 63A-3-101.
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(7)(a) "Eligible bed day" means a day spent by a state probationary inmate or a state
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parole inmate in a county correctional facility that is eligible for reimbursement
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under Section 64-13e-104.
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(b) "Eligible bed day" includes:
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(i) a condition of probation day;
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(ii) a parole hold day;
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(iii) a parole sanction day; and
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(iv) a probation sanction day.
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(8)(a) "Parole hold day" means a day spent in a county correctional facility by a state
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parole inmate under Subsection 64-13-29(3) based on a suspected violation of the
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state parole inmate's terms of parole.
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(b) "Parole hold day" does not include a day spent in a county correctional facility by a
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state parole inmate:
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(i) after the state parole inmate has spent 72 hours, excluding weekends and holidays,
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for a single suspected violation of the state parole inmate's terms of parole; or
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(ii) as a parole sanction day.
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(9)(a) "Parole sanction day" means a day spent in a county correctional facility by a state
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parole inmate as a sanction under Subsection 64-13-6(2) for a violation of the state
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parole inmate's terms of parole.
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(b) "Parole sanction day" includes not more than three consecutive days and not more
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than a total of five days within a period of 30 days for each sanction.
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(c) "Parole sanction day" does not include a parole hold day.
432
(10)(a) "Probation sanction day" means a day spent in a county correctional facility by a
433
state probationary inmate as a sanction under Subsection 64-13-6(2) based on a
434
violation of the state probationary inmate's terms of probation.
435
(b) "Probation sanction day" includes not more than three consecutive days and not more
436
than a total of five days within a period of 30 days for each sanction.
- 13 - 4th Sub. (Green) H.B. 312 02-12 11:10
437
(c) "Probation sanction day" does not include:
438
(i) a condition of probation day; or
439
(ii) a day spent in a county correctional facility by a state probationary inmate under
440
Subsection 64-13-29(3) based on a suspected violation of the state probationary
441
inmate's terms of probation.
442
(11) "State daily incarceration rate" means the average daily incarceration rate[, calculated
443
by the department based on the previous three fiscal years,] that reflects the following
444
expenses incurred by the department for housing an inmate:
445
(a) executive overhead;
446
(b) administrative overhead;
447
(c) transportation overhead;
448
(d) division overhead; and
449
(e) motor pool expenses.
450
(12) "State inmate" means an individual, other than a state probationary inmate or state
451
parole inmate, who is committed to the custody of the department.
452
(13) "State parole inmate" means an individual who is:
453
(a) on parole, as defined in Section 77-27-1; and
454
(b) housed in a county correctional facility for a reason related to the individual's parole.
455
(14) "State probationary inmate" means a felony probationer sentenced to time in a county
456
correctional facility under Subsection 77-18-105(6).
457
(15) "Treatment program" means:
458
(a) an alcohol treatment program;
459
(b) a substance abuse treatment program;
460
(c) a sex offender treatment program; or
461
(d) an alternative treatment program.
462
Section 8. Section 64-13e-103 is amended to read:
463
64-13e-103 . County correctional facility contracting program for state inmates --
464
Payments -- Reporting -- Contracts.
465
(1) Subject to Subsection [(6)] (7), the department may only contract with a county to house
466
state inmates in a county correctional facility.
467
[(2) The department shall give preference for placement of state inmates, over private
468
entities, to county correctional facility bed spaces for which the department has
469
contracted under Subsection (1).]
470
[(3)] (2)(a) The compensation rate for housing state inmates pursuant to a contract
- 14 - 02-12 11:10 4th Sub. (Green) H.B. 312
471
described in Subsection (1) shall be:
472
(i) except as provided in Subsection [(3)(a)(ii)] (2)(a)(ii), 84% of the state daily
473
incarceration rate for a county correctional facility bed space in a county that,
474
pursuant to the contract, is dedicated to a treatment program for state inmates, if
475
the treatment program is approved by the department under Subsection [(3)(c)]
476
(2)(c);
477
(ii) 75% of the state daily incarceration rate for a county correctional facility bed
478
space in a county that, pursuant to the contract, is dedicated to an alternative
479
treatment program for state inmates, if the alternative treatment program is
480
approved by the department under Subsection [(3)(c)] (2)(c); and
481
(iii) 70% of the state daily incarceration rate for a county correctional facility bed
482
space in a county other than the bed spaces described in Subsections [(3)(a)(i) ]
483
(2)(a)(i) and (ii).
484
(b) The department shall:
485
(i) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
486
Rulemaking Act, that establish standards that a treatment program is required to
487
meet before the treatment program is considered for approval for the purpose of a
488
county receiving payment based on the rate described in Subsection [(3)(a)(i)]
489
(2)(a)(i) or (ii); and
490
(ii) determine on an annual basis, based on appropriations made by the Legislature
491
for the contracts described in this section, whether to approve a treatment program
492
that meets the standards established under Subsection [(3)(b)(i)] (2)(b)(i), for the
493
purpose of a county receiving payment based on the rate described in Subsection [
494
(3)(a)(i)] (2)(a)(i) or (ii).
495
(c) The department may not approve a treatment program for the purpose of a county
496
receiving payment based on the rate described in Subsection [(3)(a)(i)] (2)(a)(i) or (ii),
497
unless:
498
(i) the program meets the standards established under Subsection [(3)(b)(i)] (2)(b)(i);
499
and
500
(ii) the department determines that the treatment program is needed by the
501
department at the location where the treatment program will be provided.
502
(d)(i) The department shall annually:
503
(A) collect information from each county described in Subsection (1) regarding
504
the treatment programs for state inmates offered by the county;
- 15 - 4th Sub. (Green) H.B. 312 02-12 11:10
505
(B) evaluate, review, and audit the results of each treatment program on state
506
inmate recidivism and other relevant metrics; and
507
(C) on or before November 30, report the results of the information described in
508
Subsection [(3)(d)(i)(B)] (2)(d)(i)(B) to the Executive Offices and Criminal
509
Justice Appropriations Subcommittee.
510
(ii) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
511
Administrative Rulemaking Act, to implement the provisions of Subsection [
512
(3)(d)(i)] (2)(d)(i).
513
[(4)] (3)(a) Compensation to a county for state inmates incarcerated under this section
514
shall be made by the department.
515
(b) Funds from the County Correctional Facility Contracting Reserve Program may be
516
used only once existing annual appropriated funds for the fiscal year have been
517
exhausted.
518
[(5)] (4) Counties that contract with the department under Subsection (1) shall, on or before
519
June 30 of each year, submit a report to the department that includes:
520
(a) the number of state inmates the county housed under this section;
521
(b) the total number of state inmate days of incarceration that were provided by the
522
county; and
523
(c) the information required under Subsection [(3)(d)(i)(A)] (2)(d)(i)(A).
524
[(6)] (5) Except as provided under Subsection [(7)] (6), the department may not enter into a
525
contract with a county as described under Subsection (1), unless:
526
(a) beginning July 1, 2023, the county correctional facility within the county is in
527
compliance with the reporting requirements described in Subsection 17-22-32(2); and
528
(b) the Legislature has previously passed a joint resolution that includes the following
529
information regarding the proposed contract:
530
(i) the approximate number of beds to be contracted;
531
(ii) the approximate amount of the county's long-term debt; and
532
(iii) the repayment time of the debt for the facility where the inmates are to be housed.
533
[(7)] (6) The department may enter into a contract with a county government to house
534
inmates without complying with the approval process described in Subsection [(6)] (5)
535
only if the county facility was under construction, or already in existence, on March 16,
536
2001.
537
[(8)] (7) Any resolution passed by the Legislature under Subsection [(6)] (5) does not bind or
538
obligate the Legislature or the department regarding the proposed contract.
- 16 - 02-12 11:10 4th Sub. (Green) H.B. 312
539
Section 9. Section 64-13e-103.1 is amended to read:
540
64-13e-103.1 . Calculating the state incarceration rate.
541
[(1) Before September 15 of each year, the department shall:]
542
[(a) calculate the state daily incarceration rate; and]
543
[(b) inform each county and the commission of the state daily incarceration rate.]
544
[(2) The state daily incarceration rate may not be less than the rate presented to the
545
Executive Appropriations Committee of the Legislature for purposes of setting the
546
appropriation for the department's budget.]
547
(1) For the fiscal year beginning on July 1, 2025, the state daily incarceration rate is
548
$120.75.
549
(2) For a fiscal year beginning on or after July 1, 2026, the increase in the state daily
550
incarceration rate may not exceed 5% from the previous fiscal year and the department
551
shall submit the rate to the Executive Appropriations Committee for purposes of setting
552
the appropriation for the department's budget.
553
(3) For a fiscal year beginning on or after July 1, 2028, the department shall compare the
554
calculated rate change in each of the past three years, and if the calculated rate change is
555
more than 5% in one or more of the past three years, shall subtract 5% from the
556
calculated rate change and apply any difference to the new state daily incarceration rate
557
in an amount sufficient to increase the calculated rate change to 5%, and shall submit the
558
rate to the Executive Appropriations Committee for purposes of setting the appropriation
559
for the department's budget.
560
(4) Notwithstanding any other provision in this section, in a year where General Fund
561
revenue growth is not sufficient to fund the calculated rate change up to 5%, the state
562
daily incarceration rate shall be set by the Executive Appropriations Committee.
563
Section 10. Section 64-13e-103.3 is amended to read:
564
64-13e-103.3 . Estimating the annual number of county correctional facility bed
565
spaces required for state inmates.
566
(1)(a) Before September 15 of each year, the department shall estimate the total number
567
of annual county correctional facility bed spaces that are required for state inmates in
568
the upcoming fiscal year, including the annual number of bed spaces that shall be
569
dedicated to:
570
(i) a treatment program for state inmates under Subsection [64-13e-103(3)(a)(i)]
571
64-13e-103(2)(a)(i); and
572
(ii) an alternative treatment program for state inmates under Subsection [
- 17 - 4th Sub. (Green) H.B. 312 02-12 11:10
573
64-13e-103(3)(a)(ii)] 64-13e-103(2)(a)(ii).
574
(b) The department's estimates described in Subsection (1)(a) shall be based upon:
575
(i) a review of the annual numbers of county correctional facility bed spaces used for
576
state inmates during the preceding years; and
577
(ii) any other information relevant to the department.
578
(2) The department shall inform each county of the estimates described in Subsection (1)(a).
579
Section 11. Section 64-13g-102 is amended to read:
580
64-13g-102 . Adult Probation and Parole Employment Incentive Program.
581
(1) There is created the Adult Probation and Parole Employment Incentive Program.
582
(2) The department and the office shall implement the program in accordance with the
583
requirements of this chapter.
584
(3) Beginning July 2026, and each July after 2026, the department shall calculate and report
585
to the office, for the preceding fiscal year, for each region and statewide:
586
(a) the parole employment rate and the average length of employment of individuals on
587
parole;
588
(b) the probation employment rate and average length of employment of individuals on
589
felony probation;
590
(c) the recidivism percentage, using applicable recidivism metrics described in
591
Subsections 63M-7-102(1) and (3);
592
(d) the number and percentage of individuals who successfully complete parole or
593
felony probation;
594
(e) if the recidivism percentage described in Subsection (3)(c) represents a decrease in
595
the recidivism percentage when compared to the fiscal year immediately preceding
596
the fiscal year to which the recidivism percentage described in Subsection (3)(c)
597
relates, the estimated costs of incarceration savings to the state, based on the marginal
598
cost of incarceration;
599
(f) the number of individuals who successfully complete parole and, during the entire six
600
months before the day on which the individuals' parole ends, held eligible
601
employment; and
602
(g) the number of individuals who successfully complete felony probation and, during
603
the entire six months before the day on which the individuals' parole ended, held
604
eligible employment.
605
(4) In addition to the information described in Subsection (3), the department shall report,
606
for each region, the number and types of parole or probation programs that were created,
- 18 - 02-12 11:10 4th Sub. (Green) H.B. 312
607
replaced, or discontinued during the preceding fiscal year.
608
(5) After receiving the information described in Subsections (3) and (4), the office, in
609
consultation with the department, shall, for each region:
610
(a) add the region's baseline parole employment rate and the region's baseline probation
611
employment rate;
612
(b) add the region's parole employment rate and the region's probation employment rate;
613
(c) subtract the sum described in Subsection (5)(a) from the sum described in Subsection
614
(5)(b); and
615
(d)(i) if the rate difference described in Subsection (5)(c) is zero or less than zero,
616
assign an employment incentive payment of zero to the region; or
617
(ii) except as provided in Subsection (7), if the rate difference described in
618
Subsection (5)(c) is greater than zero, assign an employment incentive payment to
619
the region by:
620
(A) multiplying the rate difference by the average daily population for that region;
621
and
622
(B) multiplying the product of the calculation described in Subsection
623
(5)(d)(ii)(A) by $2,500.
624
(6) In addition to the employment incentive payment described in Subsection (5), after
625
receiving the information described in Subsections (3) and (4), the office, in consultation
626
with the department, shall, for each region, multiply the sum of the numbers described in
627
Subsections (3)(f) and (g) for the region by $2,500 to determine the end-of-supervision
628
employment incentive payment for the region.
629
(7) The employment incentive payment, or end-of-supervision employment supervision
630
payment, for a region is zero if the recidivism percentage for the region, described in
631
Subsection (3)(c), represents an increase in the recidivism percentage when compared to
632
the fiscal year immediately preceding the fiscal year to which the recidivism percentage
633
for the region, described in Subsection (3)(c), relates.
634
(8) Upon determining an employment incentive payment for a region in accordance with
635
Subsections (5)(d)(ii), (6), and (7), the office shall authorize distribution, from the
636
restricted account, of the incentive payment as follows:
637
(a) 15% of the payment may be used by the department for expenses related to
638
administering the program; and
639
(b) 85% of the payment shall be used by the region to improve and expand supervision
640
and rehabilitative services to individuals on parole or adult probation, including by:
- 19 - 4th Sub. (Green) H.B. 312 02-12 11:10
641
(i) implementing and expanding evidence-based practices for risk and needs
642
assessments for individuals;
643
(ii) implementing and expanding intermediate sanctions, including mandatory
644
community service, home detention, day reporting, restorative justice programs,
645
and furlough programs;
646
(iii) expanding the availability of evidence-based practices for rehabilitation
647
programs, including drug and alcohol treatment, mental health treatment, anger
648
management, cognitive behavior programs, and job training and other
649
employment services;
650
(iv) hiring additional officers, contractors, or other personnel to implement
651
evidence-based practices for rehabilitative and vocational programing;
652
(v) purchasing and adopting new technologies or equipment that are relevant to, and
653
enhance, supervision, rehabilitation, or vocational training;
654
(vi) funding workforce development coordinators, bus passes, soft skills instructors,
655
job search technology in community correctional centers, or sector-specific
656
workforce development programs; or
657
[(vi)] (vii) evaluating the effectiveness of rehabilitation and supervision programs and
658
ensuring program fidelity.
659
(9)(a) The report described in Subsections (3) and (4) is a public record.
660
(b) The department shall maintain a complete and accurate accounting of the payment
661
and use of funds under this section.
662
(c) If the money in the restricted account is insufficient to make the full employment
663
incentive payments or the full end-of-supervision employment incentive payments,
664
the office shall authorize the payments on a prorated basis.
665
Section 12. Section 76-5-114 is amended to read:
666
76-5-114 . Commission of domestic violence in the presence of a child.
667
(1)(a) As used in this section:
668
(i) "Cohabitant" means the same as that term is defined in Section 78B-7-102.
669
(ii) "Criminal homicide offense" means an offense listed in Subsection 76-5-201(2).
670
(iii) "Domestic violence" means the same as that term is defined in Section 77-36-1.
671
(iv) "In the presence of a child" means:
672
(A) in the physical presence of a child; or
673
(B) having knowledge that a child is present and may see or hear an act of
674
domestic violence.
- 20 - 02-12 11:10 4th Sub. (Green) H.B. 312
675
(b) Terms defined in Section 76-1-101.5 apply to this section.
676
(2) An actor commits domestic violence in the presence of a child if the actor:
677
(a) commits or attempts to commit a criminal homicide offense against a cohabitant in
678
the presence of a child;
679
(b) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon
680
or other means or force likely to produce death or serious bodily injury against a
681
cohabitant, in the presence of a child;[ or]
682
(c) intentionally or knowingly impedes the breathing or the circulation of blood of
683
another individual by the actor's use of unlawful force or violence by applying
684
pressure to the neck or throat of an individual or obstructing the nose, mouth, or
685
airway of an individual, in the presence of a child; or
686
[(c)] (d) under circumstances not amounting to a violation of Subsection (2)(a), [or (b)]
687
(2)(b), or (2)(c), commits an act of domestic violence in the presence of a child.
688
(3)(a) A violation of Subsection (2)(a), [or (b)] (2)(b), or (2)(c) is a third degree felony.
689
(b) A violation of Subsection [(2)(c)] (2)(d) is a class B misdemeanor.
690
(4)(a) A charge under this section is separate and distinct from, and is in addition to, a
691
charge of domestic violence in which the victim is the cohabitant.
692
(b) Either or both charges may be filed by the prosecutor.
693
(5) An actor who commits a violation of this section when more than one child is present is
694
guilty of one offense of domestic violence in the presence of a child regarding each child
695
present when the violation occurred.
696
Section 13. Section 77-18-102 is amended to read:
697
77-18-102 . Definitions.
698
As used in this chapter:
699
(1) "Assessment" means the same as the term "risk and needs assessment" in Section 77-1-3.
700
(2) "Board" means the Board of Pardons and Parole.
701
(3) "Civil accounts receivable" means the same as that term is defined in Section
702
77-32b-102.
703
(4) "Civil judgment of restitution" means the same as that term is defined in Section
704
77-32b-102.
705
(5) "Convicted" means the same as that term is defined in Section 76-3-201.
706
(6) "Criminal accounts receivable" means the same as that term is defined in Section
707
77-32b-102.
708
(7) "Default" means the same as that term is defined in Section 77-32b-102.
- 21 - 4th Sub. (Green) H.B. 312 02-12 11:10
709
(8) "Delinquent" means the same as that term is defined in Section 77-32b-102.
710
(9) "Department" means the Department of Corrections created in Section 64-13-2.
711
(10) "Habitual offender" means an individual who[ has been convicted in]:
712
(a)(i) has been convicted in at least [six] five previous cases for one or more felony
713
offenses in each case; and
714
[(b)] (ii) [each case described in Subsection (10)(a) within five years before ] the
715
conviction for each case referred to in Subsection (10)(a)(i) occurred within the
716
five-year period immediately preceding the day on which the defendant is
717
convicted of the new felony offense before the court[.] ;
718
(b)(i) has been charged with one or more felony offenses in at least nine separate
719
cases; and
720
(ii) a felony charge in each case referred to in Subsection (10)(b)(i) was issued within
721
the five-year period immediately preceding the day on which the defendant is
722
convicted of the new felony offense before the court;
723
(c)(i) has been convicted in at least nine previous cases for one or more misdemeanor
724
offenses in each case; and
725
(ii) the conviction for each case referred to in Subsection (10)(c)(i) occurred within
726
the three-year period immediately preceding the day on which the defendant is
727
convicted of a new misdemeanor or felony offense before the court; or
728
(d)(i) has been charged with one or more misdemeanor offenses in at least 19
729
separate cases; and
730
(ii) a misdemeanor charge in each case referred to in Subsection (10)(d)(i) was issued
731
within the three-year period immediately preceding the day on which the
732
defendant is convicted of the new misdemeanor or felony offense before the court.
733
(11) "Payment schedule" means the same as that term is defined in Section 77-32b-102.
734
(12) "Restitution" means the same as that term is defined in Section 77-38b-102.
735
(13) "Screening" means a tool or questionnaire that is designed to determine whether an
736
individual needs further assessment or any additional resource or referral for treatment.
737
(14) "Substance use disorder treatment" means treatment obtained through a substance use
738
disorder program that is licensed by the Office of Licensing within the Department of
739
Health and Human Services.
740
Section 14. Section 77-18-103 is amended to read:
741
77-18-103 . Presentence investigation report -- Classification of presentence
742
investigation report -- Evidence or other information at sentencing.
- 22 - 02-12 11:10 4th Sub. (Green) H.B. 312
743
(1) Before the imposition of a sentence, the court may:
744
(a) upon agreement of the defendant, continue the date for the imposition of the sentence
745
for a reasonable period of time for the purpose of obtaining a presentence
746
investigation report from the department or a law enforcement agency, or information
747
from any other source about the defendant; and
748
(b) if the defendant is convicted of a felony or a class A misdemeanor, request that the
749
department or a law enforcement agency prepare a presentence investigation report
750
for the defendant.
751
(2)(a) Notwithstanding Subsection (1), if a defendant is convicted of [a felony] an
752
offense and the defendant is a habitual offender, the prosecuting attorney shall notify
753
the court that the defendant is a habitual offender.
754
(b) Upon a notification under Subsection (2)(a), the court may not impose a sentence for
755
the conviction without ordering and obtaining a presentence investigation report,
756
unless the court finds good cause to proceed with sentencing without the presentence
757
investigation report.
758
(3) If a presentence investigation report is required under Subsection (2) or the standards
759
established by the department described in Section 77-18-109, the presentence
760
investigation report under Subsection (1) shall include:
761
(a) any impact statement provided by a victim as described in Subsection 77-38b-203
762
(3)(c);
763
(b) information on restitution as described in Subsections 77-38b-203(3)(a) and (b);
764
(c) recommendations for treatment for the defendant; and
765
(d) the number of days since the commission of the offense that the defendant has spent
766
in the custody of the jail and the number of days, if any, the defendant was released
767
to a supervised release program or an alternative incarceration program under Section
768
17-22-5.5.
769
(4) The department or law enforcement agency shall provide the presentence investigation
770
report to the defendant's attorney, or the defendant if the defendant is not represented by
771
counsel, the prosecuting attorney, and the court for review within three working days
772
before the day on which the defendant is sentenced.
773
(5)(a)(i) If there is an alleged inaccuracy in the presentence investigation report that
774
is not resolved by the parties and the department or law enforcement agency
775
before sentencing:
776
(A) the alleged inaccuracy shall be brought to the attention of the court at
- 23 - 4th Sub. (Green) H.B. 312 02-12 11:10
777
sentencing; and
778
(B) the court may grant an additional 10 working days after the day on which the
779
alleged inaccuracy is brought to the court's attention to allow the parties and
780
the department to resolve the alleged inaccuracy in the presentence
781
investigation report.
782
(ii) If the court does not grant additional time under Subsection (5)(a)(i)(B), or the
783
alleged inaccuracy cannot be resolved after 10 working days, and if the court finds
784
that there is an inaccuracy in the presentence investigation report, the court shall:
785
(A) enter a written finding as to the relevance and accuracy of the challenged
786
portion of the presentence investigation report; and
787
(B) provide the written finding to the department or the law enforcement agency.
788
(b) The department shall attach the written finding to the presentence investigation
789
report as an addendum.
790
(c) If a party fails to challenge the accuracy of the presentence investigation report at the
791
time of sentencing, the matter shall be considered waived.
792
(6) The contents of the presentence investigation report are protected and not available
793
except by court order for purposes of sentencing as provided by rule of the Judicial
794
Council or for use by the department or law enforcement agency.
795
(7)(a) A presentence investigation report is classified as protected in accordance with
796
Title 63G, Chapter 2, Government Records Access and Management Act.
797
(b) Notwithstanding Sections 63G-2-403 and 63G-2-404, the State Records Committee
798
may not order the disclosure of a presentence investigation report.
799
(8) Except for disclosure at the time of sentencing in accordance with this section, the
800
department or law enforcement agency may disclose a presentence investigation only
801
when:
802
(a) ordered by the court in accordance with Subsection 63G-2-202(7);
803
(b) requested by a law enforcement agency or other agency approved by the department
804
for purposes of supervision, confinement, and treatment of a defendant;
805
(c) requested by the board;
806
(d) requested by the subject of the presentence investigation report or the subject's
807
authorized representative;
808
(e) requested by the victim of the offense discussed in the presentence investigation
809
report, or the victim's authorized representative, if the disclosure is only information
810
relating to:
- 24 - 02-12 11:10 4th Sub. (Green) H.B. 312
811
(i) statements or materials provided by the victim;
812
(ii) the circumstances of the offense, including statements by the defendant; or
813
(iii) the impact of the offense on the victim or the victim's household; or
814
(f) requested by a sex offender treatment provider:
815
(i) who is certified to provide treatment under the certification program established in
816
Subsection 64-13-25(2);
817
(ii) who is providing, at the time of the request, sex offender treatment to the offender
818
who is the subject of the presentence investigation report; and
819
(iii) who provides written assurance to the department that the report:
820
(A) is necessary for the treatment of the defendant;
821
(B) will be used solely for the treatment of the defendant; and
822
(C) will not be disclosed to an individual or entity other than the defendant.
823
(9)(a) At the time of sentence, the court shall receive any testimony, evidence, or
824
information that the defendant or the prosecuting attorney desires to present
825
concerning the appropriate sentence.
826
(b) Testimony, evidence, or information under Subsection (9)(a) shall be presented in
827
open court on record and in the presence of the defendant.
828
(10) The court may not rely solely on an algorithm or a risk assessment tool score in
829
determining the appropriate sentence for a defendant.
830
Section 15. Section 77-20-103 is amended to read:
831
77-20-103 . Release data requirements.
832
(1) The Administrative Office of the Courts shall submit the following data on cases
833
involving individuals for whom the Administrative Office of the Courts has a state
834
identification number broken down by judicial district to the Commission on Criminal
835
and Juvenile Justice before July 1 of each year:
836
(a) for the preceding calendar year:
837
(i) the number of individuals charged with a criminal offense who failed to appear at
838
a required court preceding while on pretrial release under each of the following
839
categories of release:
840
(A) the individual's own recognizance;
841
(B) a financial condition; and
842
(C) a release condition other than a financial condition;
843
(ii) the number of offenses that carry a potential penalty of incarceration an
844
individual committed while on pretrial release under each of the following
- 25 - 4th Sub. (Green) H.B. 312 02-12 11:10
845
categories of release:
846
(A) the individual's own recognizance;
847
(B) a financial condition; and
848
(C) a release condition other than a financial condition; and
849
(iii) the total amount of fees and fines, including bond forfeiture, collected by the
850
court from an individual for the individual's failure to comply with a condition of
851
release under each of the following categories of release:
852
(A) an individual's own recognizance;
853
(B) a financial condition; and
854
(C) a release condition other than a financial condition; and
855
(b) at the end of the preceding calendar year:
856
(i) the total number of outstanding warrants of arrest for individuals who were
857
released from law enforcement custody on pretrial release under each of the
858
following categories of release:
859
(A) the individual's own recognizance;
860
(B) a financial condition; and
861
(C) a release condition other than a financial condition;
862
(ii) for each of the categories described in Subsection (1)(b)(i), the average length of
863
time that the outstanding warrants had been outstanding; and
864
(iii) for each of the categories described in Subsection (1)(b)(i), the number of
865
outstanding warrants for arrest for crimes of each of the following categories:
866
(A) a first degree felony;
867
(B) a second degree felony;
868
(C) a third degree felony;
869
(D) a class A misdemeanor;
870
(E) a class B misdemeanor; and
871
(F) a class C misdemeanor.
872
(2) Each county jail shall submit the following data, based on the preceding calendar year,
873
to the Commission of Criminal and Juvenile Justice before July 1 of each year:
874
(a) the number of individuals released upon payment of monetary bail before appearing
875
before a court;
876
(b) the number of individuals released on the individual's own recognizance before
877
appearing before a court;[ and]
878
(c) the amount of monetary bail, any fees, and any other money paid by or on behalf of
- 26 - 02-12 11:10 4th Sub. (Green) H.B. 312
879
individuals collected by the county jail[.] ;
880
(d) the number of individuals released as a result of overcrowding; and
881
(e) the number of individuals released on pretrial release.
882
(3) The Commission on Criminal and Juvenile Justice shall compile the data collected
883
under this section and shall submit the compiled data in an electronic report to the Law
884
Enforcement and Criminal Justice Interim Committee before November 1 of each year.
885
Section 16. Section 77-20-203 is amended to read:
886
77-20-203 . County sheriff authority to release an individual from jail on own
887
recognizance.
888
(1) As used in this section:
889
(a)(i) "Qualifying domestic violence offense" means the same as that term is defined
890
in Subsection 77-36-1.1(4).
891
(ii) "Qualifying domestic violence offense" does not include criminal mischief as
892
described in Section 76-6-106.
893
(b) "Qualifying offense" means the same as that term is defined in Section 78B-7-801.
894
(c) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
895
(2) Except as provided in Subsection (3), a county jail official may release an individual
896
from a jail facility on the individual's own recognizance if:
897
(a) the individual was arrested without a warrant;
898
(b) the individual was not[ arrested for]:
899
(i) arrested for a violent [felony] offense as defined in Section 76-3-201.10;
900
(ii) arrested for a qualifying offense;
901
(iii) arrested for the offense of driving under the influence or driving with a
902
measurable controlled substance in the body if the offense results in death or
903
serious bodily injury to an individual;[ or]
904
(iv) arrested for an offense described in Subsection 76-9-101(4);
905
(v) arrested for possession of any composition or mixture, including pills, that
906
contains 100 grams or more of fentanyl or a fentanyl-related substance; or
907
(vi) previously booked into the same jail within the immediately preceding 12-month
908
period;
909
(c) law enforcement has not submitted a probable cause statement to a court or
910
magistrate;
911
(d) the individual agrees in writing to appear for any future criminal proceedings related
912
to the arrest; and
- 27 - 4th Sub. (Green) H.B. 312 02-12 11:10
913
(e) the individual qualifies for release under the written policy described in Subsection
914
(4) for the county.
915
(3) A county jail official may not release an individual from a jail facility if the individual is
916
subject to a 72-hour hold placed on the individual by the Department of Corrections as
917
described in Section 64-13-29.
918
(4)(a) A county sheriff shall create and approve a written policy for the county that
919
governs the release of an individual on the individual's own recognizance.
920
(b) The written policy shall describe the criteria an individual shall meet to be released
921
on the individual's own recognizance.
922
(c) A county sheriff may include in the written policy the criteria for release relating to:
923
(i) criminal history;
924
(ii) prior instances of failing to appear for a mandatory court appearance;
925
(iii) current employment;
926
(iv) residency;
927
(v) ties to the community;
928
(vi) an offense for which the individual was arrested;
929
(vii) any potential criminal charges that have not yet been filed;
930
(viii) the individual's health condition;
931
(ix) any potential risks to a victim, a witness, or the public; and
932
(x) any other similar factor a sheriff determines is relevant.
933
(5)(a)(i) Except as provided in Subsection (5)(b)(ii), a jail facility shall detain an
934
individual for no less than eight hours and up to 24 hours from booking if[:]
935
[(i) the individual is on supervised probation or parole and that information is
936
reasonably available; and]
937
[(ii) the individual was arrested for:]
938
[(A) a violent felony; or]
939
[(B) a qualifying domestic violence offense] the individual is on supervised
940
probation or parole and that information is reasonably available.
941
(ii) Notwithstanding Subsection (5)(a)(i), an individual may be released earlier than
942
eight hours if:
943
(A) the entity supervising the person on probation or parole informs the jail that
944
they do not intend to place a hold on the individual; and
945
(B) a court or magistrate has ordered a release.
946
(b) [The] Before any release, a jail facility shall:
- 28 - 02-12 11:10 4th Sub. (Green) H.B. 312
947
(i) notify the entity supervising the individual's probation or parole that the individual
948
is being detained and provide that entity an opportunity to place a hold on the
949
individual; and
950
(ii) only release the individual:
951
(A) to the Department of Corrections if the Department of Corrections supervises
952
the individual and requests the individual's release; or
953
(B) if a court or magistrate orders release.
954
(c) This Subsection (5) does not prohibit a jail facility from holding the individual in
955
accordance with this chapter for a new criminal offense.
956
(6) This section does not prohibit a court and a county from entering into an agreement
957
regarding release.
958
Section 17. Section 77-20-204 is amended to read:
959
77-20-204 . County jail authority to release an individual from jail on monetary
960
bail.
961
(1) As used in this section, "eligible felony offense" means a third degree felony violation
962
under:
963
(a) Section 23A-4-501 or 23A-4-502;
964
(b) Section 23A-5-311;
965
(c) Section 23A-5-313;
966
(d) Title 76, Chapter 6, Part 4, Theft;
967
(e) Title 76, Chapter 6, Part 5, Fraud;
968
(f) Title 76, Chapter 6, Part 6, Retail Theft;
969
(g) Title 76, Chapter 6, Part 7, Utah Computer Crimes Act;
970
(h) Title 76, Chapter 6, Part 8, Library Theft;
971
(i) Title 76, Chapter 6, Part 9, Cultural Sites Protection;
972
(j) Title 76, Chapter 6, Part 10, Mail Box Damage and Mail Theft;
973
(k) Title 76, Chapter 6, Part 11, Identity Fraud Act;
974
(l) Title 76, Chapter 6, Part 12, Utah Mortgage Fraud Act;
975
(m) Title 76, Chapter 6, Part 13, Utah Automated Sales Suppression Device Act;
976
(n) Title 76, Chapter 6, Part 14, Regulation of Metal Dealers;
977
(o) Title 76, Chapter 6a, Pyramid Scheme Act;
978
(p) Title 76, Chapter 7, Offenses Against the Family;
979
(q) Title 76, Chapter 7a, Abortion Prohibition;
980
(r) Title 76, Chapter 9, Part 2, Electronic Communication and Telephone Abuse;
- 29 - 4th Sub. (Green) H.B. 312 02-12 11:10
981
(s) Title 76, Chapter 9, Part 3, Cruelty to Animals;
982
(t) Title 76, Chapter 9, Part 4, Offenses Against Privacy;
983
(u) Title 76, Chapter 9, Part 5, Libel; or
984
(v) Title 76, Chapter 9, Part 6, Offenses Against the Flag.
985
(2) Except as provided in Subsection (7)(a), a county jail official may fix a financial
986
condition for an individual if:
987
(a)(i) the individual is ineligible to be released on the individual's own recognizance
988
under Section 77-20-203;
989
(ii) the individual is arrested for, or charged with:
990
(A) a misdemeanor offense under state law, excluding a misdemeanor offense:
991
(I) for domestic violence as defined in Section 77-36-1; or
992
(II) for driving under the influence under Title 41, Chapter 6, Part 5, Driving
993
Under the Influence and Reckless Driving, or Section 76-5-102.1; or
994
(B) a violation of a city or county ordinance that is classified as a class B or C
995
misdemeanor offense;
996
(iii) the individual agrees in writing to appear for any future criminal proceedings
997
related to the arrest; and
998
(iv) law enforcement has not submitted a probable cause statement to a magistrate; or
999
(b)(i) the individual is arrested for, or charged with, an eligible felony offense;
1000
(ii) the individual is not on pretrial release for a separate criminal offense;
1001
(iii) the individual is not on probation or parole;
1002
(iv) the primary risk posed by the individual is the risk of failure to appear;
1003
(v) the individual agrees in writing to appear for any future criminal proceedings
1004
related to the arrest; and
1005
(vi) law enforcement has not submitted a probable cause statement to a magistrate.
1006
(3) A county jail official may not fix a financial condition at a monetary amount that
1007
exceeds:
1008
(a) $5,000 for an eligible felony offense;
1009
(b) $1,950 for a class A misdemeanor offense;
1010
(c) $680 for a class B misdemeanor offense;
1011
(d) $340 for a class C misdemeanor offense;
1012
(e) $150 for a violation of a city or county ordinance that is classified as a class B
1013
misdemeanor; or
1014
(f) $80 for a violation of a city or county ordinance that is classified as a class C
- 30 - 02-12 11:10 4th Sub. (Green) H.B. 312
1015
misdemeanor.
1016
(4) If an individual is arrested for more than one offense, and the county jail official fixes a
1017
financial condition for release:
1018
(a) the county jail official shall fix the financial condition at a single monetary amount;
1019
and
1020
(b) the single monetary amount may not exceed the monetary amount under Subsection
1021
(3) for the highest level of offense for which the individual is arrested.
1022
(5) Except as provided in Subsection (7)(b), an individual shall be released if the individual
1023
posts a financial condition fixed by a county jail official in accordance with this section.
1024
(6) If a county jail official fixes a financial condition for an individual, law enforcement
1025
shall submit a probable cause statement in accordance with Rule 9 of the Utah Rules of
1026
Criminal Procedure after the county jail official fixes the financial condition.
1027
(7) Once a magistrate begins a review of an individual's case under Rule 9 of the Utah
1028
Rules of Criminal Procedure:
1029
(a) a county jail official may not fix or modify a financial condition for an individual;
1030
and
1031
(b) if a county jail official fixed a financial condition for the individual before the
1032
magistrate's review, the individual may no longer be released on the financial
1033
condition.
1034
(8) A jail facility may not release an individual subject to a 72-hour hold placed on the
1035
individual by the Department of Corrections as described in Section 64-13-29.
1036
(9) This section does not prohibit a court and a county from entering into an agreement
1037
regarding release.
1038
Section 18. Section 77-20-402 is amended to read:
1039
77-20-402 . Payment of monetary bail to court -- Specific payment methods --
1040
Refund of monetary bail.
1041
(1) Subject to Subsection (2), a defendant may choose to post the amount of monetary bail
1042
imposed by a judge or magistrate by any of the following methods:
1043
(a) in cash;
1044
(b) by a bail bond with a surety; or
1045
[(c) by an unsecured bond, at the discretion of the judge or magistrate; or]
1046
[(d)] (c) by credit or debit card, at the discretion of the judge or magistrate.
1047
(2) A judge or magistrate may limit a defendant to a specific method of posting monetary
1048
bail described in Subsection (1):
- 31 - 4th Sub. (Green) H.B. 312 02-12 11:10
1049
(a) if, after charges are filed, the defendant fails to appear in the case on a bail bond and
1050
the case involves a violent offense;
1051
(b) in order to allow the defendant to voluntarily remit the fine in accordance with
1052
Section 77-7-21 and the offense with which the defendant is charged is listed in the
1053
shared master offense table as one for which an appearance is not mandatory;
1054
(c) if the defendant has failed to respond to a citation or summons and the offense with
1055
which the defendant is charged is listed in the shared master offense table as one for
1056
which an appearance is not mandatory;
1057
(d) if a warrant is issued for the defendant solely for failure to pay a criminal accounts
1058
receivable, as defined in Section 77-32b-102, and the defendant's monetary bail is
1059
limited to the amount owed; or
1060
(e) if a court has entered a judgment of bail bond forfeiture under Section 77-20-505 in
1061
any case involving the defendant.
1062
(3) Monetary bail may not be accepted without receiving in writing at the time the bail is
1063
posted the current mailing address, telephone number, and email address of the surety.
1064
(4) Monetary bail posted by debit or credit card, less the fee charged by the financial
1065
institution, shall be tendered to the courts.
1066
(5)(a) Monetary bail refunded by the court may be refunded by credit to the debit or
1067
credit card or in cash.
1068
(b) The amount refunded shall be the full amount received by the court under Subsection
1069
(4), which may be less than the full amount of the monetary bail set by the judge or
1070
magistrate.
1071
(c) Before refunding monetary bail that is posted by the defendant in cash, by credit
1072
card, or by debit card, the court may apply the amount posted toward a criminal
1073
accounts receivable, as defined in Section 77-32b-102, that is owed by the defendant
1074
in the priority set forth in Section 77-38b-304.
1075
Section 19. Repealer.
1076
This bill repeals:
1077
Section 64-13e-105, Subcommittee on County Correctional Facility Contracting and
1078
Reimbursement -- Purpose -- Responsibilities -- Membership.
1079
Section 77-27-21.9, Sex offender assessment.
1080
Section 20. Effective Date.
1081
This bill takes effect on September 1, 2025.
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