03-03 07:19 1st Sub. (Buff) H.B. 562
Karianne Lisonbee proposes the following substitute bill:
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Law Enforcement and Criminal Justice Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill modifies provisions related to law enforcement and criminal justice.
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Highlighted Provisions:
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This bill:
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▸ modifies definitions;
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▸ provides that a pretrial examination constitutes a material change in circumstances;
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▸ removes provisions relating to unsecured bonds;
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▸ adds requirements for temporary pretrial status orders of detention;
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▸ provides that a request for a pretrial release at an initial appearance does not constitute a
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pretrial detention hearing;
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▸ requires a court to make findings of fact when making a determination regarding pretrial
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release;
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▸ adds a financial condition schedule to aid a court in determining the amount of a fixed
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financial condition;
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▸ requires a judge to appoint another judge to conduct a pretrial detention hearing if the
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initial judge is unable to hold a pretrial detention hearing before a certain deadline;
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▸ provides for required procedures when a no bail hold is requested; and
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▸ makes technical and grammatical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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77-20-102, as last amended by Laws of Utah 2023, Chapter 408
1st Sub. H.B. 562 1st Sub. (Buff) H.B. 562 03-03 07:19
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77-20-205, as last amended by Laws of Utah 2024, Chapters 187, 434
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77-20-206, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
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77-20-207, as last amended by Laws of Utah 2023, Chapter 408
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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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77-20-205.5, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 77-20-102 is amended to read:
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77-20-102 . Definitions.
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As used in this chapter:
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(1) "Bail" means pretrial release.
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(2) "Bail bond" means the same as that term is defined in Section 31A-35-102.
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(3) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
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(4) "Bail bond producer" means the same as that term is defined in Section 31A-35-102.
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(5) "County jail official" means a county sheriff or the county sheriff's designee.
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(6) "Exonerate" means to release and discharge a surety, or a surety's bail bond producer,
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from liability for a bail bond.
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(7) "Financial condition" means any monetary condition that is imposed to secure an
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individual's pretrial release.
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(8) "Forfeiture" means:
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(a) to divest an individual or surety from a right to the repayment of monetary bail; or
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(b) to enforce a pledge of assets or real or personal property from an individual or surety
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used to secure an individual's pretrial release.
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(9) "Magistrate" means the same as that term is defined in Section 77-1-3.
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(10)(a) "Material change in circumstances" includes:
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(i) a preliminary examination as defined in Rule 7, Utah Rules of Civil Procedure;
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(ii) an unreasonable delay in prosecution that is not attributable to the defendant;
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[(ii)] (iii) a material change in the risk that an individual poses to a victim, a witness,
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or the public if released due to the passage of time or any other relevant factor;
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[(iii)] (iv) a material change in the conditions of release or the services that are
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reasonably available to the defendant if released;
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[(iv)] (v) a willful or repeated failure by the defendant to appear at required court
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appearances; or
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[(v)] (vi) any other material change related to the defendant's risk of flight or danger
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to any other individual or to the community if released.
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(b) "Material change in circumstances" does not include any fact or consideration that is
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known at the time that the pretrial status order is issued.
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(11) "Monetary bail" means a financial condition.
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(12) "No bail hold" means an order with the restrictions described in Subsection (18)(c).
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[(12)] (13) "Own recognizance" means the release of an individual without any condition of
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release other than the individual's promise to:
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(a) appear for all required court proceedings; and
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(b) not commit any criminal offense.
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[(13)] (14) "Pretrial detention hearing" means a hearing described in Section 77-20-206.
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[(14)] (15) "Pretrial release" means the release of an individual from law enforcement
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custody during the time the individual awaits trial or other resolution of criminal charges.
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[(15)] (16) "Pretrial risk assessment" means an objective, research-based, validated
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assessment tool that measures an individual's risk of flight and risk of anticipated
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criminal conduct while on pretrial release.
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[(16)] (17) "Pretrial services program" means a program that is established to:
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(a) gather information on individuals booked into a jail facility;
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(b) conduct pretrial risk assessments; and
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(c) supervise individuals granted pretrial release.
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[(17)] (18) "Pretrial status order" means an order issued by a magistrate or judge that:
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(a) releases the individual on the individual's own recognizance while the individual
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awaits trial or other resolution of criminal charges;
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(b) sets the terms and conditions of the individual's pretrial release while the individual
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awaits trial or other resolution of criminal charges; or
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(c) denies pretrial release and orders that the individual be detained while the individual
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awaits trial or other resolution of criminal charges.
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[(18)] (19) "Principal" means the same as that term is defined in Section 31A-35-102.
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[(19)] (20) "Surety" means a surety insurer or a bail bond agency.
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[(20)] (21) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
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[(21)] (22) "Temporary pretrial status order" means an order issued by a magistrate that:
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(a) releases the individual on the individual's own recognizance until a pretrial status
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order is issued;
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(b) sets the terms and conditions of the individual's pretrial release until a pretrial status
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order is issued; or
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(c) denies pretrial release and orders that the individual be detained until a pretrial status
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order is issued.
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[(22) "Unsecured bond" means an individual's promise to pay a financial condition if the
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individual fails to appear for any required court appearance.]
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Section 2. Section 77-20-205 is amended to read:
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77-20-205 . Pretrial release by a magistrate or judge.
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(1)(a) At the time that a magistrate issues a warrant of arrest, or finds there is probable
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cause to support the individual's arrest under Rule 9 of the Utah Rules of Criminal
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Procedure, the magistrate shall issue a temporary pretrial status order that:
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(i) releases the individual on the individual's own recognizance during the time the
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individual awaits trial or other resolution of criminal charges;
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(ii) designates a condition, or a combination of conditions, to be imposed upon the
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individual's release during the time the individual awaits trial or other resolution
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of criminal charges; or
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(iii) orders the individual be detained during the time the individual awaits trial or
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other resolution of criminal charges.
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(b) At the time that a magistrate issues a summons, the magistrate may issue a temporary
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pretrial status order that:
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(i) releases the individual on the individual's own recognizance during the time the
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individual awaits trial or other resolution of criminal charges; or
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(ii) designates a condition, or a combination of conditions, to be imposed upon the
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individual's release during the time the individual awaits trial or other resolution
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of criminal charges.
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(c) Notwithstanding Subsection (1)(a) or (b), a magistrate shall issue a temporary
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pretrial status order under Subsection (1) that detains an individual if the individual is
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arrested for a felony offense and the magistrate finds:
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(i) there is substantial evidence to support the individual's arrest for the felony
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offense;
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(ii) the individual committed the felony offense while:
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(A) the individual was on parole or probation for a conviction of a felony offense;
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or
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(B) the individual was released and awaiting trial on a previous charge for a
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felony offense; and
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(iii) based on information reasonably available to the magistrate, the individual has at
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least nine cases where the individual has been charged or convicted, or entered a
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plea of guilty, within five years from the day on which the individual was arrested
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for the felony offense described in Subsection (1)(c)(i).
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(d) Subsection (1)(c) does not limit or prohibit a magistrate's authority to detain an
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individual who does not meet the requirements described in Subsection (1)(c).
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(2)(a) Except as provided in Subsection (2)(b), the magistrate or judge shall issue a
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pretrial status order at an individual's first appearance before the court.
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(b) The magistrate or judge may delay the issuance of a pretrial status order at an
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individual's first appearance before the court:
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(i) until a pretrial detention hearing is held if a prosecuting attorney makes a motion
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for pretrial detention as described in Section 77-20-206;
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(ii) if a party requests a delay; or
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(iii) if there is good cause to delay the issuance.
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(c) If a magistrate or judge delays the issuance of a pretrial status order under Subsection
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(2)(b), the magistrate or judge shall extend the temporary pretrial status order until
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the issuance of a pretrial status order.
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(d) A request for a pretrial release at an initial appearance does not constitute a pretrial
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detention hearing under Section 77-20-206.
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(3)(a) When a magistrate or judge issues a pretrial status order, the pretrial status order
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shall:
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(i) release the individual on the individual's own recognizance during the time the
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individual awaits trial or other resolution of criminal charges;
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(ii) designate a condition, or a combination of conditions, to be imposed upon the
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individual's release during the time the individual awaits trial or other resolution
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of criminal charges; or
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(iii) order the individual to be detained during the time that individual awaits trial or
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other resolution of criminal charges.
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(b) In making a determination about pretrial release in a pretrial status order, the
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magistrate or judge may not give any deference to a magistrate's decision in a
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temporary pretrial status order.
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(4) In making a determination about pretrial release, a magistrate or judge shall impose:
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(a) [ ]only conditions of release that are reasonably available; and
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(b) conditions of release that reasonably ensure:
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(i) the individual's appearance in court when required;
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(ii) the safety of any witnesses or victims of the offense allegedly committed by the
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individual;
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(iii) the safety and welfare of the public; and
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(iv) that the individual will not obstruct, or attempt to obstruct, the criminal justice
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process.
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(5) Except as provided in Subsection (1)(c) or (6), a magistrate or judge may impose a
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condition, or combination of conditions, for pretrial release that requires an individual to:
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(a) not commit a federal, state, or local offense during the period of pretrial release;
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(b) avoid contact with a victim of the alleged offense;
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(c) avoid contact with a witness who:
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(i) may testify concerning the alleged offense; and
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(ii) is named in the pretrial status order;
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(d) not consume alcohol or any narcotic drug or other controlled substance unless
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prescribed by a licensed medical practitioner;
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(e) submit to drug or alcohol testing;
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(f) complete a substance abuse evaluation and comply with any recommended treatment
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or release program;
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(g) submit to electronic monitoring or location device tracking;
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(h) participate in inpatient or outpatient medical, behavioral, psychological, or
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psychiatric treatment;
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(i) maintain employment or actively seek employment if unemployed;
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(j) maintain or commence an education program;
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(k) comply with limitations on where the individual is allowed to be located or the times
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that the individual shall be, or may not be, at a specified location;
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(l) comply with specified restrictions on personal associations, place of residence, or
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travel;
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(m) report to a law enforcement agency, pretrial services program, or other designated
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agency at a specified frequency or on specified dates;
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(n) comply with a specified curfew;
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(o) forfeit or refrain from possession of a firearm or other dangerous weapon;
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(p) if the individual is charged with an offense against a child, limit or prohibit access to
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any location or occupation where children are located, including any residence where
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children are on the premises, activities where children are involved, locations where
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children congregate, or where a reasonable person would know that children
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congregate;
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(q) comply with requirements for house arrest;
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(r) return to custody for a specified period of time following release for employment,
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schooling, or other limited purposes;
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(s) remain in custody of one or more designated individuals who agree to:
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(i) supervise and report on the behavior and activities of the individual; and
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(ii) encourage compliance with all court orders and attendance at all required court
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proceedings;
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(t) comply with a financial condition; or
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(u) comply with any other condition that is reasonably available and necessary to ensure
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compliance with Subsection (4).
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(6)(a) If a county or municipality has established a pretrial services program, the
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magistrate or judge shall consider the services that the county or municipality has
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identified as available in determining what conditions of release to impose.
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(b) The magistrate or judge may not order conditions of release that would require the
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county or municipality to provide services that are not currently available from the
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county or municipality.
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(c) Notwithstanding Subsection (6)(a), the magistrate or judge may impose conditions of
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release not identified by the county or municipality so long as the condition does not
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require assistance or resources from the county or municipality.
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(7)(a) If the magistrate or judge determines that a financial condition[, other than an
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unsecured bond,] is necessary to impose as a condition of release, the magistrate or
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judge shall, when determining the amount of the financial condition, refer to the
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financial condition schedule in Section 77-20-205.5 and consider the individual's
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ability to pay[ when determining the amount of the financial condition].
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(b) If the magistrate or judge determines that a financial condition is necessary to impose
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as a condition of release, and a county jail official fixed a financial condition for the
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individual under Section 77-20-204, the magistrate or judge may not give any
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deference to:
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(i) the county jail official's action to fix a financial condition; or
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(ii) the amount of the financial condition that the individual was required to pay for
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pretrial release.
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(c) If a magistrate or judge orders a financial condition as a condition of release, the
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judge or magistrate shall set the financial condition at a single amount per case.
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(8) In making a determination about pretrial release, the magistrate or judge may:
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(a) rely upon information contained in:
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(i) the indictment or information;
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(ii) any sworn or probable cause statement or other information provided by law
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enforcement;
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(iii) a pretrial risk assessment;
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(iv) an affidavit of indigency described in Section 78B-22-201.5;
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(v) witness statements or testimony;
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(vi) the results of a lethality assessment completed in accordance with Section
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77-36-2.1; or
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(vii) any other reliable record or source, including proffered evidence; and
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(b) consider:
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(i) the nature and circumstances of the offense, or offenses, that the individual was
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arrested for, or charged with, including:
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(A) whether the offense is a violent offense; and
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(B) the vulnerability of a witness or alleged victim;
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(ii) the nature and circumstances of the individual, including the individual's:
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(A) character;
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(B) physical and mental health;
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(C) family and community ties;
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(D) employment status or history;
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(E) financial resources;
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(F) past criminal conduct;
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(G) history of drug or alcohol abuse; and
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(H) history of timely appearances at required court proceedings;
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(iii) the potential danger to another individual, or individuals, posed by the release of
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the individual;
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(iv) whether the individual was on probation, parole, or release pending an upcoming
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court proceeding at the time the individual allegedly committed the offense or
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offenses;
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(v) the availability of:
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(A) other individuals who agree to assist the individual in attending court when
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required; or
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(B) supervision of the individual in the individual's community;
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(vi) the eligibility and willingness of the individual to participate in various treatment
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programs, including drug treatment; or
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(vii) other evidence relevant to the individual's likelihood of fleeing or violating the
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law if released.
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(9) The magistrate or judge may not base a determination about pretrial release solely:
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(a) on the seriousness or type of offense that the individual is arrested for or charged
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with, unless the individual is arrested for or charged with a capital felony; or
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(b) on an algorithm or a risk assessment tool score.
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(10) The magistrate or judge shall make sufficiently detailed findings of fact on the risk of
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substantial dangerousness or flight from the court's jurisdiction to enable a reviewing
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court to ensure that the magistrate's or judge's determination reasonably considered all of
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the evidence presented to the court.
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[(10)] (11) An individual arrested for violation of a jail release agreement, or a jail release
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court order, issued in accordance with Section 78B-7-802:
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(a) may not be released before the individual's first appearance before a magistrate or
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judge; and
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(b) may be denied pretrial release by the magistrate or judge.
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Section 3. Section 77-20-205.5 is enacted to read:
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77-20-205.5 . Financial condition schedule.
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(1) For a felony, the default amount for a financial condition is:
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(a) $25,000 for a first degree felony with a minimum mandatory sentence;
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(b) $20,000 for a first degree felony without a minimum mandatory sentence;
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(c) $10,000 for a second degree felony; and
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(d) $5,000 for a third degree felony.
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(2) For a misdemeanor or infraction other than a local ordinance, the default amount for a
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financial condition is:
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(a) $1,960 for a class A misdemeanor;
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(b) $690 for a class B misdemeanor;
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(c) $350 for a class C misdemeanor; and
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(d) $110 for an infraction.
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(3) For a violation of a local ordinance, the default amount for a financial condition is:
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(a) $150 for a class B violation;
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(b) $80 for a class C violation; and
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(c) $25 for an infraction.
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Section 4. Section 77-20-206 is amended to read:
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77-20-206 . Motion for pretrial detention -- Pretrial detention hearing --
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Requirements for no bail holds.
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(1)(a) If the criminal charges filed against an individual include one or more offenses
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eligible for detention under Subsection 77-20-201(1) or Utah Constitution, Article I,
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Section 8, the prosecuting attorney may make a motion for pretrial detention.
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(b) A prosecuting attorney shall include in the motion all information known to the
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prosecuting attorney that may be favorable to the individual subject to the criminal
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charge.
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(c) The motion for pretrial detention may include proposed factual findings for the court
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to adopt.
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[(b)] (d) Upon receiving a motion for pretrial detention under Subsection (1)(a), the
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judge shall set a pretrial detention hearing in accordance with Subsection (2).
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(2)(a) If a pretrial status order is not issued at an individual's first appearance and the
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individual remains detained, a pretrial detention hearing shall be held at the next
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available court hearing that is:
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[(a)] (i) no sooner than seven days from the day on which the defendant was arrested;
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and
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[(b)] (ii) no later than fourteen days from the day on which the defendant was arrested.
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(b) A judge who is unable to hold a detention hearing within 14 days of the date of an
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individual's first appearance shall appoint another judge to conduct the detention
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hearing within 21 days of the date of the individual's first appearance.
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(3)(a) An individual, who is the subject of a pretrial detention hearing, has the right to be
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represented by counsel at the pretrial detention hearing.
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(b) If a judge finds the individual is indigent under Section 78B-22-202, the judge shall
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appoint counsel to represent the individual in accordance with Section 78B-22-203.
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(4) At the pretrial detention hearing:
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(a) the judge shall give both parties the opportunity to make arguments and to present
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relevant evidence or information;
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(b) the prosecuting attorney and the defendant have a right to subpoena witnesses to
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testify; and
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(c) the judge shall issue a pretrial status order in accordance with Subsection (5) and
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Section 77-20-205.
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(5) After hearing evidence on a motion for pretrial detention, and based on the totality of
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the circumstances, a judge may order detention if:
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(a) the individual is accused of committing an offense that qualifies for detention of the
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individual under Subsection 77-20-201(1) or Utah Constitution, Article I, Section 8;
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and
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(b) the prosecuting attorney demonstrates substantial evidence to support the charge, and
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meets all additional evidentiary burdens required under Subsection 77-20-201(1) or
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Utah Constitution, Article I, Section 8.
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(6) An alleged victim has the right to be heard at a pretrial detention hearing on a motion
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for pretrial detention.
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(7) If a defendant seeks to subpoena an alleged victim who did not willingly testify at the
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pretrial detention hearing, a defendant may issue a subpoena, at the conclusion of the
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pretrial detention hearing, compelling the alleged victim to testify at a subsequent
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hearing only if the judge finds that the testimony sought by the subpoena:
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(a) is material to the substantial evidence or clear and convincing evidence
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determinations described in Section 77-20-201 in light of all information presented to
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the court; and
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(b) would not unnecessarily intrude on the rights of the victim or place an undue burden
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on the victim.
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Section 5. Section 77-20-207 is amended to read:
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77-20-207 . Modification of pretrial status order -- Failure to appear.
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(1) A party may move to modify a pretrial status order:
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(a) at any time after a pretrial status order is issued; and
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(b) only upon a showing that there has been a material change in circumstances.
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(2)(a) Notwithstanding Subsection (1), a defendant may move to modify a pretrial status
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order if:
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(i) the magistrate or judge imposed a financial condition as a condition of release in
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the pretrial status order; and
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(ii) the defendant is unable to pay the financial condition within seven days after the
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day on which the pretrial status order is issued.
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(b) For a motion under Subsection (2)(a), there is a rebuttable presumption that the
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defendant does not have the ability to pay the financial condition.
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(3)(a) If a party makes a motion to modify the pretrial status order, the party shall
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provide notice to the opposing party sufficient to permit the opposing party to prepare
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for a hearing and to permit each alleged victim to be notified and be present.
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(b) A hearing on a motion to modify a pretrial status order may be held in conjunction
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with a preliminary hearing or any other pretrial hearing.
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(4) In ruling upon a motion to modify a pretrial status order, the judge may:
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(a) rely on information as provided in Subsection 77-20-205(8);
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(b) base the judge's ruling on evidence provided at the hearing so long as each party is
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provided an opportunity to present additional evidence or information relevant to
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pretrial release; and
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(c)(i) for a motion to modify a pretrial status order under Subsection (1), modify the
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pretrial status order, including the conditions of release, upon a finding that there
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has been a material change in circumstances; or
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(ii) for a motion to modify a pretrial status order under Subsection (2), modify the
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pretrial status order by reducing the amount of the financial condition or imposing
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nonfinancial conditions of release upon a finding that the defendant is unable to
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pay the amount of the financial condition in the pretrial status order.
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(5) In modifying a pretrial status order upon a motion by a party or on the court's own
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motion, the court shall consider whether imposing a bail bond as a condition of release
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in a modified pretrial status order will increase the likelihood of the defendant's
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appearance when:
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(a) the defendant was previously released on the defendant's own recognizance or on
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nonfinancial conditions;
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(b) the defendant willfully failed to appear at a required court appearance or has failed to
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appear at a required court appearance more than once; and
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(c) a bench warrant was issued.
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(6) A court may not modify a pretrial status order to a no bail hold solely on the basis of a
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failure to appear.
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[(6)] (7) Subsections 77-20-205(3) through [(10)] (11) apply to a determination about pretrial
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release in a modified pretrial status order.
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Section 6. Section 77-20-402 is amended to read:
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77-20-402 . Payment of monetary bail to court -- Specific payment methods --
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Refund of monetary bail.
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(1) Subject to Subsection (2), a defendant may choose to post the amount of monetary bail
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imposed by a judge or magistrate by any of the following methods:
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(a) in cash;
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(b) by a bail bond with a surety; or
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[(c) by an unsecured bond, at the discretion of the judge or magistrate; or]
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[(d)] (c) by credit or debit card, at the discretion of the judge or magistrate.
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(2) A judge or magistrate may limit a defendant to a specific method of posting monetary
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bail described in Subsection (1):
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(a) if, after charges are filed, the defendant fails to appear in the case on a bail bond and
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the case involves a violent offense;
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(b) in order to allow the defendant to voluntarily remit the fine in accordance with
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Section 77-7-21 and the offense with which the defendant is charged is listed in the
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shared master offense table as one for which an appearance is not mandatory;
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(c) if the defendant has failed to respond to a citation or summons and the offense with
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which the defendant is charged is listed in the shared master offense table as one for
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which an appearance is not mandatory;
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(d) if a warrant is issued for the defendant solely for failure to pay a criminal accounts
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receivable, as defined in Section 77-32b-102, and the defendant's monetary bail is
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limited to the amount owed; or
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(e) if a court has entered a judgment of bail bond forfeiture under Section 77-20-505 in
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any case involving the defendant.
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(3) Monetary bail may not be accepted without receiving in writing at the time the bail is
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posted the current mailing address, telephone number, and email address of the surety.
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(4) Monetary bail posted by debit or credit card, less the fee charged by the financial
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institution, shall be tendered to the courts.
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(5)(a) Monetary bail refunded by the court may be refunded by credit to the debit or
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credit card or in cash.
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(b) The amount refunded shall be the full amount received by the court under Subsection
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(4), which may be less than the full amount of the monetary bail set by the judge or
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magistrate.
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(c) Before refunding monetary bail that is posted by the defendant in cash, by credit
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card, or by debit card, the court may apply the amount posted toward a criminal
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accounts receivable, as defined in Section 77-32b-102, that is owed by the defendant
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in the priority set forth in Section 77-38b-304.
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Section 7. Effective Date.
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This bill takes effect on May 7, 2025.
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