03-04 10:47 3rd Sub. (Cherry) 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: Todd Weiler
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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 the Office of State Debt Collection has the authority to collect civil accounts
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receivable or a civil judgment of restitution and interest thereon;
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▸ provides that administrative garnishments also apply to a debtor's property or wages that
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are under control of a third party;
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▸ requires the Office of State Debt Collection to provide an accounting of the unpaid
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balance of a defendant's criminal accounts receivable at the time of termination of the
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defendant's sentence;
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▸ provides repayment procedures for any unpaid balance of a defendant's criminal accounts
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receivable upon termination of a sentence;
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▸ provides circumstances that constitute 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 take certain actions if the judge is unable to hold a pretrial detention
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hearing before a certain deadline;
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▸ provides for required procedures when a no bail hold is requested;
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▸ provides that certain Board of Pardons and Parole decisions on restitution are final and
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not subject to judicial review;
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▸ codifies order of restitution procedures that apply to certain offenders sentenced before
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July 1, 2021;
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▸ provides procedures for the accounting and payment of restitution owed to various state
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governmental entities;
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▸ permits a sentencing court to authorize the deposit of funds in certain interest-bearing
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accounts when distribution to a victim is pending;
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▸ permits the Board of Pardons and Parole to order recovery of fees incurred on behalf of a
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sentenced offender in addition to the existing ability to recover costs;
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▸ makes coordinating modifications related to docket entry and interest assessments;permits
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a court to set restitution for a juvenile sentenced to prison; 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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63A-3-502, as last amended by Laws of Utah 2024, Chapter 398
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63A-3-507, as last amended by Laws of Utah 2024, Chapter 158
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77-18-114, as last amended by Laws of Utah 2024, Chapter 330
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77-20-102, as last amended by Laws of Utah 2023, Chapter 408
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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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77-27-5, as last amended by Laws of Utah 2024, Chapters 145, 187 and 208
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77-27-6.1, as last amended by Laws of Utah 2024, Chapter 330
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77-32b-103, as last amended by Laws of Utah 2024, Chapter 389
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77-38b-202, as last amended by Laws of Utah 2024, Chapter 330
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77-38b-301, as last amended by Laws of Utah 2023, Chapter 113
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78A-2-214, as last amended by Laws of Utah 2024, Chapter 398
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80-6-507, as last amended by Laws of Utah 2022, Chapter 135
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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 63A-3-502 is amended to read:
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63A-3-502 . Office of State Debt Collection created -- Duties.
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(1) The state and each state agency shall comply with:
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(a) the requirements of this chapter; and
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(b) any rules established by the Office of State Debt Collection.
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(2) There is created the Office of State Debt Collection in the Division of Finance.
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(3) The office shall:
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(a) have overall responsibility for collecting and managing state receivables;
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(b) assist the Division of Finance to develop consistent policies governing the collection
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and management of state receivables;
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(c) oversee and monitor state receivables to ensure that state agencies are:
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(i) implementing all appropriate collection methods;
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(ii) following established receivables guidelines; and
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(iii) accounting for and reporting receivables in the appropriate manner;
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(d) assist the Division of Finance to develop policies, procedures, and guidelines for
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accounting, reporting, and collecting money owed to the state;
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(e) provide information, training, and technical assistance to each state agency on
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various collection-related topics;
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(f) write an inclusive receivables management and collection manual for use by each
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state agency;
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(g) prepare quarterly and annual reports of the state's receivables;
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(h) create or coordinate a state accounts receivable database;
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(i) develop reasonable criteria to gauge state agencies' efforts in maintaining an effective
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accounts receivable program;
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(j) identify any state agency that is not making satisfactory progress toward
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implementing collection techniques and improving accounts receivable collections;
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(k) coordinate information, systems, and procedures between each state agency to
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maximize the collection of past-due accounts receivable;
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(l) establish an automated cash receipt process between each state agency;
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(m) assist the Division of Finance to establish procedures for writing off accounts
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receivable for accounting and collection purposes;
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(n) establish standard time limits after which an agency will delegate responsibility to
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collect state receivables to the office or the office's designee;
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(o) be a real party in interest for:
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(i) an account receivable referred to the office by any state agency; and
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(ii) a civil judgment of restitution entered on a civil judgment docket by a court;
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(p) allocate money collected for a judgment entered on the civil judgment docket under
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Section 77-18-114 in accordance with Sections 51-9-402, 63A-3-506, and 78A-5-110;
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(q) if a criminal accounts receivable is transferred to the office under Subsection
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77-32b-103(2)(a)(ii), receive, process, and distribute payments for the criminal
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accounts receivable;
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(r) provide a debtor online access to the debtor's accounts receivable or criminal
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accounts receivable in accordance with Section 63A-3-502.5;
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(s) establish a written policy for each of the following:
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(i) the settling of an accounts receivable, including any amount of restitution owed to
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a victim in a civil judgment of restitution if the victim approves of the settlement;
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(ii) allowing a debtor to pay off a single debt as part of an accounts receivable even if
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the debtor has a balance on another debt as part of an accounts receivable or
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criminal accounts receivable;
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(iii) setting a payment deadline for settlement agreements and for obtaining an
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extension of a settlement agreement deadline; and
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(iv) reducing administrative costs when a settlement has been reached;
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(t) consult with a state agency on whether:
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(i) the office may agree to a settlement for an amount that is less than the debtor's
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principal amount; and
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(ii) the state agency may retain authority to negotiate a settlement with a debtor; and
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(u) provide the terms and conditions of any payment arrangement that the debtor has
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made with a state agency or the office when:
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(i) the payment arrangement is created; or
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(ii) the debtor requests a copy of the terms and conditions.
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(4) The office may:
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(a) recommend to the Legislature new laws to enhance collection of past-due accounts
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by state agencies;
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(b) collect accounts receivables for higher education entities, if the higher education
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entity agrees;
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(c) prepare a request for proposal for consulting services to:
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(i) analyze the state's receivable management and collection efforts; and
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(ii) identify improvements needed to further enhance the state's effectiveness in
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collecting the state's receivables;
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(d) contract with private or state agencies to collect past-due accounts;
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(e) perform other appropriate and cost-effective coordinating work directly related to
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collection of state receivables;
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(f) obtain access to records and databases of any state agency that are necessary to the
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duties of the office by following the procedures and requirements of Section
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63G-2-206, including the financial declaration form described in Section 77-38b-204;
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(g) at rates authorized by the Legislature or set in statute, assess and collect the
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following interest and fees:
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(i) a fee to cover the administrative costs of collection on accounts administered by
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the office;
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(ii) a late penalty fee that may not be more than 10% of the account receivable on
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accounts administered by the office;
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(iii) an interest charge that is:
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(A) the postjudgment interest rate established by Section 15-1-4 in judgments
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established by the courts; or
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(B) not more than 2% above the prime rate as of July 1 of each fiscal year for
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accounts receivable for which no court judgment has been entered; and
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(iv) fees to collect accounts receivable for higher education;
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(h) collect reasonable attorney fees and reasonable costs of collection that are related to
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the collection of receivables under this chapter;
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(i) make rules that allow accounts receivable to be collected over a reasonable period of
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time and under certain conditions with credit cards;
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(j) for a case that is referred to the office or in which the office is a judgment creditor,
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file a motion or other document related to the office or the accounts receivable in that
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case, including a satisfaction of judgment, in accordance with the Utah Rules of Civil
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Procedure;
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(k) ensure that judgments for which the office is the judgment creditor are renewed, as
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necessary;
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(l) notwithstanding Section 63G-2-206, share records obtained under Subsection (4)(f)
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with private sector vendors under contract with the state to assist state agencies in
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collecting debts owed to the state agencies without changing the classification of any
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private, controlled, or protected record into a public record;
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(m) enter into written agreements with other governmental agencies to obtain and share
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information for the purpose of collecting state accounts receivable; and
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(n) collect accounts receivable for a political subdivision of the state if the political
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subdivision enters into an agreement or contract with the office under Title 11,
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Chapter 13, Interlocal Cooperation Act, for the office to collect the political
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subdivision's accounts receivable.
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(5) The office shall ensure that:
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(a) a record obtained by the office or a private sector vendor under Subsection (4)(l):
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(i) is used only for the limited purpose of collecting accounts receivable; and
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(ii) is subject to federal, state, and local agency records restrictions; and
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(b) any individual employed by, or formerly employed by, the office or a private sector
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vendor as referred to in Subsection (4)(l) is subject to:
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(i) the same duty of confidentiality with respect to the record imposed by law on
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officers and employees of the state agency from which the record was obtained;
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and
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(ii) any civil or criminal penalties imposed by law for violations of lawful access to a
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private, controlled, or protected record.
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(6)(a) The office shall have authority to collect a civil accounts receivable or a civil
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judgment of restitution ordered by a court as a result of prosecution for a criminal
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offense that have been transferred to the office under Subsection 77-18-114(1) or (2).
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(b) The office may not assess:
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(i) the interest charge established by the office under Subsection [(4) ] (4)(g)(iii)(B)
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on an account receivable that is subject to the postjudgment interest rate
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established by Section 15-1-4; and
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(ii) an interest charge on [a] an amount from a criminal accounts receivable [that is
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transferred to the office under Subsection 77-32b-103(2)(a)(ii)] until the amount is
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entered on the civil judgment docket.
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(7) The office shall require a state agency to:
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(a) transfer collection responsibilities to the office or the office's designee according to
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time limits established by the office;
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(b) make annual progress towards implementing collection techniques and improved
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accounts receivable collections;
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(c) use the state's accounts receivable system or develop systems that are adequate to
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properly account for and report the state's receivables;
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(d) develop and implement internal policies and procedures that comply with the
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collections policies and guidelines established by the office;
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(e) provide internal accounts receivable training to staff involved in the management and
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collection of receivables as a supplement to statewide training;
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(f) bill for and make initial collection efforts of the state agency's receivables up to the
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time the accounts must be transferred; and
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(g) submit quarterly receivable reports to the office that identify the age, collection
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status, and funding source of each receivable.
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(8) All interest, fees, and other amounts authorized to be collected by the office under
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Subsection (4)(g):
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(a) are penalties that may be charged by the office;
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(b) do not require an order from a court for the office to assess or collect;
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(c) are not compensation for actual pecuniary loss;
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(d) for a civil accounts receivable:
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(i) begin to accrue on the day on which the civil accounts receivable is entered on the
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civil judgment docket under Subsection 77-18-114(1) or (2); and
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(ii) may be collected as part of the civil accounts receivable;
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(e) for a civil judgment of restitution:
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(i) begin to accrue on the day on which the civil judgment of restitution is entered on
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the civil judgment docket under Subsection 77-18-114(1); and
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(ii) may be collected as part of the civil judgment of restitution;
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(f) for all other accounts receivable:
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(i) begin to accrue on the day on which the accounts receivable is transferred to the
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office, even if there is no court order on the day on which the accounts receivable
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is transferred; and
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(ii) may be collected as part of the accounts receivable; and
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(g) may be waived by:
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(i) the office; or
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(ii) if the interest, fee, or other amount is charged in error, the court.
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Section 2. Section 63A-3-507 is amended to read:
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63A-3-507 . Administrative garnishment order.
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(1) Subject to Subsection (2), if a judgment is entered against a debtor, the office may issue
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an administrative garnishment order against the debtor's personal property, including
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wages, in the possession or under the control of a party other than the debtor in the same
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manner and with the same effect as if the order was a writ of garnishment issued by a
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court with jurisdiction.
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(2) The office may issue the administrative garnishment order if:
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(a) the order is signed by the director or the director's designee; and
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(b) the underlying debt is for:
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(i) nonpayment of a civil accounts receivable or a civil judgment of restitution; or
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(ii) nonpayment of a judgment, or abstract of judgment or award filed with a court,
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based on an administrative order for payment issued by an agency of the state.
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(3) An administrative garnishment order issued in accordance with this section is subject to
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the procedures and due process protections provided by Rule 64D, Utah Rules of Civil
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Procedure, except as provided by Section 70C-7-103.
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(4) An administrative garnishment order issued by the office shall:
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(a) contain a statement that includes:
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(i) if known:
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(A) the nature, location, account number, and estimated value of the property; and
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(B) the name, address, and phone number of the person holding the property;
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(ii) whether any of the property consists of earnings;
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(iii) the amount of the judgment and the amount due on the judgment; and
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(iv) the name, address, and phone number of any person known to the plaintiff to
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claim an interest in the property;
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(b) identify the defendant, including the defendant's name and last known address;
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(c) notify the defendant of the defendant's right to reply to answers and request a hearing
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as provided by Rule 64D, Utah Rules of Civil Procedure; and
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(d) state where the garnishee may deliver property.
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(5) The office may, in the office's discretion, include in an administrative garnishment order:
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(a) the last four digits of the defendant's Social Security number;
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(b) the last four digits of the defendant's driver license number;
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(c) the state in which the defendant's driver license was issued;
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(d) one or more interrogatories inquiring:
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(i) whether the garnishee is indebted to the defendant and, if so, the nature of the
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indebtedness;
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(ii) whether the garnishee possesses or controls any property of the defendant and, if
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so, the nature, location, and estimated value of the property;
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(iii) whether the garnishee knows of any property of the defendant in the possession
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or under the control of another and, if so:
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(A) the nature, location, and estimated value of the property; and
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(B) the name, address, and telephone number of the person who has possession or
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control of the property;
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(iv) whether the garnishee is deducting a liquidated amount in satisfaction of a claim
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against the plaintiff or the defendant, whether the claim is against the plaintiff or
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the defendant, and the amount deducted;
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(v) the date and manner of the garnishee's service of papers upon the defendant and
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any third party;
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(vi) the dates on which any previously served writs of continuing garnishment were
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served; and
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(vii) any other relevant information, including the defendant's position, rate of pay,
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method of compensation, pay period, and computation of the amount of the
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defendant's disposable earnings.
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(6)(a) A garnishee who acts in accordance with this section and the administrative
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garnishment issued by the office is released from liability unless an answer to an
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interrogatory is successfully controverted.
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(b) Except as provided in Subsection (6)(c), if the garnishee fails to comply with an
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administrative garnishment issued by the office without a court or final
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administrative order directing otherwise, the garnishee is liable to the office for an
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amount determined by the court.
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(c) The amount for which a garnishee is liable under Subsection (6)(b) includes:
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(i)(A) the value of the judgment; or
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(B) the value of the property, if the garnishee shows that the value of the property
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is less than the value of the judgment;
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(ii) reasonable costs; and
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(iii) attorney fees incurred by the parties as a result of the garnishee's failure.
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(d) If the garnishee shows that the steps taken to secure the property were reasonable,
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the court may excuse the garnishee's liability in whole or in part.
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(7)(a) If the office has reason to believe that a garnishee has failed to comply with the
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requirements of this section in the garnishee's response to a garnishment order issued
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under this section, the office may submit a motion to the court requesting the court to
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issue an order against the garnishee requiring the garnishee to appear and show cause
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why the garnishee should not be held liable under this section.
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(b) The office shall attach to a motion under Subsection (7)(a) a statement that the office
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has in good faith conferred or attempted to confer with the garnishee in an effort to
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settle the issue without court action.
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(8) A person is not liable as a garnishee for drawing, accepting, making, or endorsing a
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negotiable instrument if the instrument is not in the possession or control of the
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garnishee at the time of service of the administrative garnishment order.
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(9)(a) A person indebted to the defendant may pay to the office the amount of the debt
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or an amount to satisfy the administrative garnishment.
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(b) The office's receipt of an amount described in Subsection (9)(a) discharges the
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debtor for the amount paid.
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(10) A garnishee may deduct from the property any liquidated claim against the defendant.
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(11)(a) If a debt to the garnishee is secured by property, the office:
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(i) is not required to apply the property to the debt when the office issues the
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administrative garnishment order; and
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(ii) may obtain a court order authorizing the office to buy the debt and requiring the
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garnishee to deliver the property.
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(b) Notwithstanding Subsection (11)(a)(i):
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(i) the administrative garnishment order remains in effect; and
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(ii) the office may apply the property to the debt.
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(c) The office or a third party may perform an obligation of the defendant and require
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the garnishee to deliver the property upon completion of performance or, if
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performance is refused, upon tender of performance if:
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(i) the obligation is secured by property; and
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(ii)(A) the obligation does not require the personal performance of the defendant;
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and
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(B) a third party may perform the obligation.
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(12)(a) The office may issue a continuing garnishment order against a nonexempt
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periodic payment.
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(b) This section is subject to the Utah Exemptions Act.
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(c) A continuing garnishment order issued in accordance with this section applies to
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payments to, or for the benefit of, the defendant from the date of service upon the
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garnishee until the earliest of the following:
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(i) the last periodic payment;
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(ii) the judgment upon which the administrative garnishment order is issued is stayed,
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vacated, or satisfied in full; or
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(iii) the office releases the order.
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(d) No later than seven days after the last day of each payment period, the garnishee
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shall with respect to that period:
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(i) answer each interrogatory;
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(ii) serve an answer to each interrogatory on the office, the defendant, and any other
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person who has a recorded interest in the property; and
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(iii) deliver the property to the office.
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(e) If the office issues a continuing garnishment order during the term of a writ of
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continuing garnishment issued by a court, the order issued by the office:
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(i) is tolled when a writ of garnishment or other income withholding is already in
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effect and is withholding greater than or equal to the maximum portion of
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disposable earnings described in Subsection (13);
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(ii) is collected in the amount of the difference between the maximum portion of
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disposable earnings described in Subsection (13) and the amount being garnished
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by an existing writ of continuing garnishment if the maximum portion of
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disposable earnings exceed the existing writ of garnishment or other income
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withholding; and
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(iii) shall take priority upon the termination of the current term of existing writs.
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(13) The maximum portion of disposable earnings of an individual subject to seizure in
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accordance with this section is the lesser of:
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(a) 25% of the defendant's disposable earnings for any other judgment; or
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(b) the amount by which the defendant's disposable earnings for a pay period exceeds
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the number of weeks in that pay period multiplied by 30 times the federal minimum
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wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
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(14)(a) In accordance with the requirements of this Subsection (14), the office may, at its
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discretion, determine a dollar amount that a garnishee is to withhold from earnings
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and deliver to the office in a continuing administrative garnishment order issued
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under this section.
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(b) The office may determine the dollar amount that a garnishee is to withhold from
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earnings under Subsection (14)(a) if the dollar amount determined by the office:
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(i) does not exceed the maximum amount allowed under Subsection (13); and
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(ii) is based on:
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(A) earnings information received by the office directly from the Department of
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Workforce Services; or
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(B) previous garnishments issued to the garnishee by the office where payments
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were received at a consistent dollar amount.
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(c) The earnings information or previous garnishments relied on by the office under
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Subsection (14)(b)(ii) to calculate a dollar amount under this Subsection (14) shall be:
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(i) for one debtor;
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(ii) from the same employer;
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(iii) for two or more consecutive quarters; and
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(iv) received within the last six months.
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(15)(a) A garnishee who provides the calculation for withholdings on a defendant's
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wages in the garnishee's initial response to an interrogatory in an administrative
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garnishment order under this section is not required to provide the calculation for
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withholdings after the garnishee's initial response if:
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(i) the garnishee's accounting system automates the amount of defendant's wages to
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be paid under the garnishment; and
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(ii) the defendant's wages do not vary by more than five percent from the amount
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disclosed in the garnishee's initial response.
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(b) Notwithstanding Subsection (15)(a), upon request by the office or the defendant, a
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garnishee shall provide, for the last pay period or other pay period specified by the
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office or defendant, a calculation of the defendant's wages and withholdings and the
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amount garnished.
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(16)(a) A garnishee under an administrative garnishment order under this section is
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entitled to receive a garnishee fee, as provided in this Subsection (16), in the amount
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of:
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(i) $10 per garnishment order, for a noncontinuing garnishment order; and
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(ii) $25, as a one-time fee, for a continuing garnishment order.
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(b) A garnishee may deduct the amount of the garnishee fee from the amount to be
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remitted to the office under the administrative garnishment order, if the amount to be
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remitted exceeds the amount of the fee.
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(c) If the amount to be remitted to the office under an administrative garnishment order
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does not exceed the amount of the garnishee fee:
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(i) the garnishee shall notify the office that the amount to be remitted does not exceed
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the amount of the garnishee fee; and
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(ii)(A) the garnishee under a noncontinuing garnishment order shall return the
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administrative garnishment order to the office, and the office shall pay the
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garnishee the garnishee fee; or
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(B) the garnishee under a continuing garnishment order shall delay remitting to
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the office until the amount to be remitted exceeds the garnishee fee.
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(d) If, upon receiving the administrative garnishment order, the garnishee does not
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possess or control any property, including money or wages, in which the defendant
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has an interest:
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(i) the garnishee under a continuing or noncontinuing garnishment order shall, except
416
as provided in Subsection (16)(d)(ii), return the administrative garnishment order
417
to the office, and the office shall pay the garnishee the applicable garnishee fee; or
418
(ii) if the garnishee under a continuing garnishment order believes that the garnishee
419
will, within 90 days after issuance of the continuing garnishment order, come into
420
possession or control of property in which the defendant owns an interest, the
421
garnishee may retain the garnishment order and deduct the garnishee fee for a
422
continuing garnishment once the amount to be remitted exceeds the garnishee fee.
423
(17) Section 78A-2-216 does not apply to an administrative garnishment order issued under
424
this section.
425
(18) An administrative garnishment instituted in accordance with this section shall continue
426
to operate and require that a person withhold the nonexempt portion of earnings at each
427
succeeding earning disbursement interval until the total amount due in the garnishment
428
is withheld or the garnishment is released in writing by the court or office.
429
(19) If the office issues an administrative garnishment order under this section to collect an
430
amount owed on a civil accounts receivable or a civil judgment of restitution, the
431
administrative garnishment order shall be construed as a continuation of the criminal
432
action for which the civil accounts receivable or civil judgment of restitution arises if the
433
amount owed is from a fine, fee, or restitution for the criminal action.
434
Section 3. Section 77-18-114 is amended to read:
435
77-18-114 . Unpaid balance at termination of sentence -- Transfer of collection
436
responsibility -- Past due account -- Notice -- Account or judgment paid in full -- Effect of
- 13 - 3rd Sub. (Cherry) H.B. 562 03-04 10:47
437
civil accounts receivable and civil judgment of restitution.
438
(1) When a defendant's sentence is terminated by law or by the decision of the court or the
439
board:
440
(a) the board shall provide notice to the Office of State Debt Collection, and the Office
441
of State Debt Collection shall provide an accounting of the unpaid balance of the
442
defendant's criminal accounts receivable to the court if the defendant was on parole
443
or incarcerated at the time of termination; and
444
(b) except as provided in Subsection (1)(b)(iv), Subsection 77-18-118(1)(g), and
445
Subsection 77-27-6.1(2)(f), within 90 days after the day on which a defendant's
446
sentence is terminated, the court shall:
447
(i) enter an order for a civil accounts receivable and a civil judgment of restitution for
448
a defendant on the civil judgment docket;
449
(ii) transfer the responsibility of collecting the civil accounts receivable and the civil
450
judgment of restitution to the Office of State Debt Collection;[ and]
451
(iii) identify in the order under this Subsection (1):
452
(A) the Office of State Debt Collection as a judgment creditor for the civil
453
accounts receivable and the civil judgment of restitution; and
454
(B) the victim as a judgment creditor for the civil judgment of restitution[.] ; and
455
(iv) if the restitution is owed to the Department of Workforce Services or the
456
Department of Health and Human Services, upon request by the prosecutor or
457
victim:
458
(A) enter an order for the civil accounts receivable and a civil judgment of
459
restitution for a defendant on the civil judgment docket;
460
(B) transfer the responsibility of collecting the civil judgment of restitution to each
461
entity described in this Subsection (1)(b)(iv) that is owed restitution, with the
462
balance owed to each entity assigned to each entity respectively if applicable;
463
(C) identify each entity that is assigned responsibility for collecting a civil
464
judgment of restitution under Subsection (1)(b)(iv)(B) as a judgment creditor
465
for the civil judgment of restitution; and
466
(D) identify the Office of State Debt Collection as a judgment creditor for any
467
civil accounts receivable and transfer the responsibility of collecting the civil
468
accounts receivable to the Office of State Debt Collection.
469
(2) If a criminal accounts receivable for the defendant is more than 90 days past due and the
470
court has ordered that a defendant does not owe restitution to any victim, or the time
- 14 - 03-04 10:47 3rd Sub. (Cherry) H.B. 562
471
period for entering an order for restitution has expired under Section 77-38b-205 and the
472
court has not ordered restitution, the court may:
473
(a) enter an order for a civil accounts receivable for the defendant on the civil judgment
474
docket;
475
(b) identify, in the order under Subsection (2)(a), the Office of State Debt Collection as a
476
judgment creditor for the civil accounts receivable; and
477
(c) transfer the responsibility of collecting the civil accounts receivable to the Office of
478
State Debt Collection.
479
(3) An order for a criminal accounts receivable is no longer in effect after the court enters
480
an order for a civil accounts receivable or a civil judgment of restitution under
481
Subsection (1) or (2).
482
(4) The court shall provide notice to the Office of State Debt Collection and the prosecuting
483
attorney of any hearing that affects an order for the civil accounts receivable or the civil
484
judgment of restitution.
485
(5) The Office of State Debt Collection shall notify the court when a civil judgment of
486
restitution or a civil accounts receivable is satisfied.
487
(6) When a fine, forfeiture, surcharge, cost, or fee is recorded in an order for a civil
488
accounts receivable on the civil judgment docket, or when restitution is recorded as an
489
order for a civil judgment of restitution on the civil judgment docket, the order:
490
(a) constitutes a lien on the defendant's real property until the judgment is satisfied; and
491
(b) may be collected by any means authorized by law for the collection of a civil
492
judgment.
493
(7) A criminal accounts receivable, a civil accounts receivable, and a civil judgment of
494
restitution are not subject to the civil statutes of limitation and expire only upon payment
495
in full.
496
(8)(a) If a defendant asserts that a payment was made to a victim or third party for a civil
497
judgment of restitution, or enters into any other transaction that does not involve the
498
Office of State Debt Collection, and the defendant asserts that the payment results in
499
a credit [towards] toward the civil judgment of restitution for the defendant:
500
(i) the defendant shall provide notice to the Office of State Debt Collection and the
501
prosecuting attorney within 30 days after the day on which the payment or other
502
transaction is made; and
503
(ii) the payment may only be credited towards the civil judgment of restitution and
504
does not affect any other amount owed to the Office of State Debt Collection
- 15 - 3rd Sub. (Cherry) H.B. 562 03-04 10:47
505
under Section 63A-3-502.
506
(b) Nothing in this Subsection (8) shall be construed to prevent a victim or a third party
507
from providing notice of a payment towards a civil judgment of restitution to the
508
Office of State Debt Collection.
509
Section 4. Section 77-20-102 is amended to read:
510
77-20-102 . Definitions.
511
As used in this chapter:
512
(1) "Bail" means pretrial release.
513
(2) "Bail bond" means the same as that term is defined in Section 31A-35-102.
514
(3) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
515
(4) "Bail bond producer" means the same as that term is defined in Section 31A-35-102.
516
(5) "County jail official" means a county sheriff or the county sheriff's designee.
517
(6) "Exonerate" means to release and discharge a surety, or a surety's bail bond producer,
518
from liability for a bail bond.
519
(7) "Financial condition" means any monetary condition that is imposed to secure an
520
individual's pretrial release.
521
(8) "Forfeiture" means:
522
(a) to divest an individual or surety from a right to the repayment of monetary bail; or
523
(b) to enforce a pledge of assets or real or personal property from an individual or surety
524
used to secure an individual's pretrial release.
525
(9) "Magistrate" means the same as that term is defined in Section 77-1-3.
526
(10)(a) "Material change in circumstances" includes:
527
(i) a preliminary examination in which relevant evidence is presented that:
528
(A) is material to the factors or considerations provided in Section 77-20-201; and
529
(B) was not known to the court at the time the pretrial status order or was issued;
530
(ii) an unreasonable delay in prosecution that is not attributable to the defendant;
531
[(ii)] (iii) a material change in the risk that an individual poses to a victim, a witness,
532
or the public if released due to the passage of time or any other relevant factor;
533
[(iii)] (iv) a material change in the conditions of release or the services that are
534
reasonably available to the defendant if released;
535
[(iv)] (v) a willful or repeated failure by the defendant to appear at required court
536
appearances; or
537
[(v)] (vi) any other material change related to the defendant's risk of flight or danger
538
to any other individual or to the community if released.
- 16 - 03-04 10:47 3rd Sub. (Cherry) H.B. 562
539
(b) "Material change in circumstances" does not include any fact or consideration that is
540
known at the time that the pretrial status order is issued.
541
(11) "Monetary bail" means a financial condition.
542
(12) "No bail hold" means an order with the restrictions described in Subsection (18)(c).
543
[(12)] (13) "Own recognizance" means the release of an individual without any condition of
544
release other than the individual's promise to:
545
(a) appear for all required court proceedings; and
546
(b) not commit any criminal offense.
547
[(13)] (14) "Pretrial detention hearing" means a hearing described in Section 77-20-206.
548
[(14)] (15) "Pretrial release" means the release of an individual from law enforcement
549
custody during the time the individual awaits trial or other resolution of criminal charges.
550
[(15)] (16) "Pretrial risk assessment" means an objective, research-based, validated
551
assessment tool that measures an individual's risk of flight and risk of anticipated
552
criminal conduct while on pretrial release.
553
[(16)] (17) "Pretrial services program" means a program that is established to:
554
(a) gather information on individuals booked into a jail facility;
555
(b) conduct pretrial risk assessments; and
556
(c) supervise individuals granted pretrial release.
557
[(17)] (18) "Pretrial status order" means an order issued by a magistrate or judge that:
558
(a) releases the individual on the individual's own recognizance while the individual
559
awaits trial or other resolution of criminal charges;
560
(b) sets the terms and conditions of the individual's pretrial release while the individual
561
awaits trial or other resolution of criminal charges; or
562
(c) denies pretrial release and orders that the individual be detained while the individual
563
awaits trial or other resolution of criminal charges.
564
[(18)] (19) "Principal" means the same as that term is defined in Section 31A-35-102.
565
[(19)] (20) "Surety" means a surety insurer or a bail bond agency.
566
[(20)] (21) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
567
[(21)] (22) "Temporary pretrial status order" means an order issued by a magistrate that:
568
(a) releases the individual on the individual's own recognizance until a pretrial status
569
order is issued;
570
(b) sets the terms and conditions of the individual's pretrial release until a pretrial status
571
order is issued; or
572
(c) denies pretrial release and orders that the individual be detained until a pretrial status
- 17 - 3rd Sub. (Cherry) H.B. 562 03-04 10:47
573
order is issued.
574
[(22) "Unsecured bond" means an individual's promise to pay a financial condition if the
575
individual fails to appear for any required court appearance.]
576
Section 5. Section 77-20-205 is amended to read:
577
77-20-205 . Pretrial release by a magistrate or judge.
578
(1)(a) At the time that a magistrate issues a warrant of arrest, or finds there is probable
579
cause to support the individual's arrest under Rule 9 of the Utah Rules of Criminal
580
Procedure, the magistrate shall issue a temporary pretrial status order that:
581
(i) releases the individual on the individual's own recognizance during the time the
582
individual awaits trial or other resolution of criminal charges;
583
(ii) designates a condition, or a combination of conditions, to be imposed upon the
584
individual's release during the time the individual awaits trial or other resolution
585
of criminal charges; or
586
(iii) orders the individual be detained during the time the individual awaits trial or
587
other resolution of criminal charges.
588
(b) At the time that a magistrate issues a summons, the magistrate may issue a temporary
589
pretrial status order that:
590
(i) releases the individual on the individual's own recognizance during the time the
591
individual awaits trial or other resolution of criminal charges; or
592
(ii) designates a condition, or a combination of conditions, to be imposed upon the
593
individual's release during the time the individual awaits trial or other resolution
594
of criminal charges.
595
(c) Notwithstanding Subsection (1)(a) or (b), a magistrate shall issue a temporary
596
pretrial status order under Subsection (1) that detains an individual if the individual is
597
arrested for a felony offense and the magistrate finds:
598
(i) there is substantial evidence to support the individual's arrest for the felony
599
offense;
600
(ii) the individual committed the felony offense while:
601
(A) the individual was on parole or probation for a conviction of a felony offense;
602
or
603
(B) the individual was released and awaiting trial on a previous charge for a
604
felony offense; and
605
(iii) based on information reasonably available to the magistrate, the individual has at
606
least nine cases where the individual has been charged or convicted, or entered a
- 18 - 03-04 10:47 3rd Sub. (Cherry) H.B. 562
607
plea of guilty, within five years from the day on which the individual was arrested
608
for the felony offense described in Subsection (1)(c)(i).
609
(d) Subsection (1)(c) does not limit or prohibit a magistrate's authority to detain an
610
individual who does not meet the requirements described in Subsection (1)(c).
611
(2)(a) Except as provided in Subsection (2)(b), the magistrate or judge shall issue a
612
pretrial status order at an individual's first appearance before the court.
613
(b) The magistrate or judge may delay the issuance of a pretrial status order at an
614
individual's first appearance before the court:
615
(i) until a pretrial detention hearing is held if a prosecuting attorney makes a motion
616
for pretrial detention as described in Section 77-20-206;
617
(ii) if a party requests a delay; or
618
(iii) if there is good cause to delay the issuance.
619
(c) If a magistrate or judge delays the issuance of a pretrial status order under Subsection
620
(2)(b), the magistrate or judge shall extend the temporary pretrial status order until
621
the issuance of a pretrial status order.
622
(d) A request for a pretrial release that has not been fully presented to and ruled upon by
623
the magistrate or judge at an initial appearance does not constitute a pretrial detention
624
hearing under Section 77-20-206.
625
(3)(a) When a magistrate or judge issues a pretrial status order, the pretrial status order
626
shall:
627
(i) release the individual on the individual's own recognizance during the time the
628
individual awaits trial or other resolution of criminal charges;
629
(ii) designate a condition, or a combination of conditions, to be imposed upon the
630
individual's release during the time the individual awaits trial or other resolution
631
of criminal charges; or
632
(iii) subject to the requirements of Subsection (10), order the individual to be
633
detained during the time that individual awaits trial or other resolution of criminal
634
charges.
635
(b) In making a determination about pretrial release in a pretrial status order, the
636
magistrate or judge may not give any deference to a magistrate's decision in a
637
temporary pretrial status order.
638
(4) In making a determination about pretrial release, a magistrate or judge shall impose:
639
(a) [ ]only conditions of release that are reasonably available; and
640
(b) conditions of release that reasonably ensure:
- 19 - 3rd Sub. (Cherry) H.B. 562 03-04 10:47
641
(i) the individual's appearance in court when required;
642
(ii) the safety of any witnesses or victims of the offense allegedly committed by the
643
individual;
644
(iii) the safety and welfare of the public; and
645
(iv) that the individual will not obstruct, or attempt to obstruct, the criminal justice
646
process.
647
(5) Except as provided in Subsection (1)(c) or (6), a magistrate or judge may impose a
648
condition, or combination of conditions, for pretrial release that requires an individual to:
649
(a) not commit a federal, state, or local offense during the period of pretrial release;
650
(b) avoid contact with a victim of the alleged offense;
651
(c) avoid contact with a witness who:
652
(i) may testify concerning the alleged offense; and
653
(ii) is named in the pretrial status order;
654
(d) not consume alcohol or any narcotic drug or other controlled substance unless
655
prescribed by a licensed medical practitioner;
656
(e) submit to drug or alcohol testing;
657
(f) complete a substance abuse evaluation and comply with any recommended treatment
658
or release program;
659
(g) submit to electronic monitoring or location device tracking;
660
(h) participate in inpatient or outpatient medical, behavioral, psychological, or
661
psychiatric treatment;
662
(i) maintain employment or actively seek employment if unemployed;
663
(j) maintain or commence an education program;
664
(k) comply with limitations on where the individual is allowed to be located or the times
665
that the individual shall be, or may not be, at a specified location;
666
(l) comply with specified restrictions on personal associations, place of residence, or
667
travel;
668
(m) report to a law enforcement agency, pretrial services program, or other designated
669
agency at a specified frequency or on specified dates;
670
(n) comply with a specified curfew;
671
(o) forfeit or refrain from possession of a firearm or other dangerous weapon;
672
(p) if the individual is charged with an offense against a child, limit or prohibit access to
673
any location or occupation where children are located, including any residence where
674
children are on the premises, activities where children are involved, locations where
- 20 - 03-04 10:47 3rd Sub. (Cherry) H.B. 562
675
children congregate, or where a reasonable person would know that children
676
congregate;
677
(q) comply with requirements for house arrest;
678
(r) return to custody for a specified period of time following release for employment,
679
schooling, or other limited purposes;
680
(s) remain in custody of one or more designated individuals who agree to:
681
(i) supervise and report on the behavior and activities of the individual; and
682
(ii) encourage compliance with all court orders and attendance at all required court
683
proceedings;
684
(t) comply with a financial condition; or
685
(u) comply with any other condition that is reasonably available and necessary to ensure
686
compliance with Subsection (4).
687
(6)(a) If a county or municipality has established a pretrial services program, the
688
magistrate or judge shall consider the services that the county or municipality has
689
identified as available in determining what conditions of release to impose.
690
(b) The magistrate or judge may not order conditions of release that would require the
691
county or municipality to provide services that are not currently available from the
692
county or municipality.
693
(c) Notwithstanding Subsection (6)(a), the magistrate or judge may impose conditions of
694
release not identified by the county or municipality so long as the condition does not
695
require assistance or resources from the county or municipality.
696
(7)(a) If the magistrate or judge determines that a financial condition[, other than an
697
unsecured bond,] is necessary to impose as a condition of release, the magistrate or
698
judge shall, when determining the amount of the financial condition, refer to the
699
financial condition schedule in Section 77-20-205.5 and consider the individual's risk
700
of failing to appear and ability to pay[ when determining the amount of the financial
701
condition].
702
(b) If the magistrate or judge determines that a financial condition is necessary to impose
703
as a condition of release, and a county jail official fixed a financial condition for the
704
individual under Section 77-20-204, the magistrate or judge may not give any
705
deference to:
706
(i) the county jail official's action to fix a financial condition; or
707
(ii) the amount of the financial condition that the individual was required to pay for
708
pretrial release.
- 21 - 3rd Sub. (Cherry) H.B. 562 03-04 10:47
709
(c) If a magistrate or judge orders a financial condition as a condition of release, the
710
judge or magistrate shall set the financial condition at a single amount per case.
711
(8) In making a determination about pretrial release, the magistrate or judge may:
712
(a) rely upon information contained in:
713
(i) the indictment or information;
714
(ii) any sworn or probable cause statement or other information provided by law
715
enforcement;
716
(iii) a pretrial risk assessment;
717
(iv) an affidavit of indigency described in Section 78B-22-201.5;
718
(v) witness statements or testimony;
719
(vi) the results of a lethality assessment completed in accordance with Section
720
77-36-2.1; or
721
(vii) any other reliable record or source, including proffered evidence; and
722
(b) consider:
723
(i) the nature and circumstances of the offense, or offenses, that the individual was
724
arrested for, or charged with, including:
725
(A) whether the offense is a violent offense; and
726
(B) the vulnerability of a witness or alleged victim;
727
(ii) the nature and circumstances of the individual, including the individual's:
728
(A) character;
729
(B) physical and mental health;
730
(C) family and community ties;
731
(D) employment status or history;
732
(E) financial resources;
733
(F) past criminal conduct;
734
(G) history of drug or alcohol abuse; and
735
(H) history of timely appearances at required court proceedings;
736
(iii) the potential danger to another individual, or individuals, posed by the release of
737
the individual;
738
(iv) whether the individual was on probation, parole, or release pending an upcoming
739
court proceeding at the time the individual allegedly committed the offense or
740
offenses;
741
(v) the availability of:
742
(A) other individuals who agree to assist the individual in attending court when
- 22 - 03-04 10:47 3rd Sub. (Cherry) H.B. 562
743
required; or
744
(B) supervision of the individual in the individual's community;
745
(vi) the eligibility and willingness of the individual to participate in various treatment
746
programs, including drug treatment; or
747
(vii) other evidence relevant to the individual's likelihood of fleeing or violating the
748
law if released.
749
(9) The magistrate or judge may not base a determination about pretrial release solely:
750
(a) on the seriousness or type of offense that the individual is arrested for or charged
751
with, unless the individual is arrested for or charged with a capital felony; or
752
(b) on an algorithm or a risk assessment tool score.
753
(10) If the magistrate or judge issues an order pursuant to Subsection 77-20-205(3)(a)(iii),
754
the magistrate or judge shall make sufficiently detailed findings of fact on the risk of
755
substantial danger or flight from the court's jurisdiction to enable a reviewing court to
756
ensure that the magistrate's or judge's determination reasonably considered all of the
757
evidence presented to the court.
758
[(10)] (11) An individual arrested for violation of a jail release agreement, or a jail release
759
court order, issued in accordance with Section 78B-7-802:
760
(a) may not be released before the individual's first appearance before a magistrate or
761
judge; and
762
(b) may be denied pretrial release by the magistrate or judge.
763
Section 6. Section 77-20-205.5 is enacted to read:
764
77-20-205.5 . Financial condition schedule.
765
(1) For a felony, the default amount for a financial condition is:
766
(a) $25,000 for a first degree felony with a minimum mandatory sentence;
767
(b) $20,000 for a first degree felony without a minimum mandatory sentence;
768
(c) $10,000 for a second degree felony; and
769
(d) $5,000 for a third degree felony.
770
(2) For a misdemeanor or infraction other than a local ordinance, the default amount for a
771
financial condition is:
772
(a) $2,000 for a class A misdemeanor;
773
(b) $700 for a class B misdemeanor;
774
(c) $350 for a class C misdemeanor; and
775
(d) $130 for an infraction.
776
(3) For a violation of a local ordinance, the default amount for a financial condition is:
- 23 - 3rd Sub. (Cherry) H.B. 562 03-04 10:47
777
(a) $150 for a class B violation;
778
(b) $80 for a class C violation; and
779
(c) $25 for an infraction.
780
Section 7. Section 77-20-206 is amended to read:
781
77-20-206 . Motion for pretrial detention -- Pretrial detention hearing --
782
Requirements for no bail holds.
783
(1)(a) If the criminal charges filed against an individual include one or more offenses
784
eligible for detention under Subsection 77-20-201(1) or Utah Constitution, Article I,
785
Section 8, the prosecuting attorney may make a motion for pretrial detention.
786
(b) A prosecuting attorney shall not omit from the prosecuting attorney's motion for
787
pretrial detention any material information that is known to the prosecuting attorney
788
to be favorable to the individual.
789
(c) The motion for pretrial detention may include proposed factual findings for the court
790
to adopt.
791
[(b)] (d) Upon receiving a motion for pretrial detention under Subsection (1)(a), the
792
judge shall set a pretrial detention hearing in accordance with Subsection (2).
793
(2)(a) If a pretrial status order is not issued at an individual's first appearance and the
794
individual remains detained, a pretrial detention hearing shall be held at the next
795
available court hearing that is:
796
[(a)] (i) no sooner than seven days from the day on which the defendant was arrested;
797
and
798
[(b)] (ii) no later than fourteen days from the day on which the defendant was arrested.
799
(b) A judge who is unable to hold a detention hearing within 14 days of the date of an
800
individual's first appearance shall make a good faith effort to identify another judge
801
who has the ability to conduct the detention hearing within 14 days of the date of the
802
individual's first appearance.
803
(3)(a) An individual, who is the subject of a pretrial detention hearing, has the right to be
804
represented by counsel at the pretrial detention hearing.
805
(b) If a judge finds the individual is indigent under Section 78B-22-202, the judge shall
806
appoint counsel to represent the individual in accordance with Section 78B-22-203.
807
(4) At the pretrial detention hearing:
808
(a) the judge shall give both parties the opportunity to make arguments and to present
809
relevant evidence or information;
810
(b) the prosecuting attorney and the defendant have a right to subpoena witnesses to
- 24 - 03-04 10:47 3rd Sub. (Cherry) H.B. 562
811
testify; and
812
(c) the judge shall issue a pretrial status order in accordance with Subsection (5) and
813
Section 77-20-205.
814
(5) After hearing evidence on a motion for pretrial detention, and based on the totality of
815
the circumstances, a judge may order detention if:
816
(a) the individual is accused of committing an offense that qualifies for detention of the
817
individual under Subsection 77-20-201(1) or Utah Constitution, Article I, Section 8;
818
and
819
(b) the prosecuting attorney demonstrates substantial evidence to support the charge, and
820
meets all additional evidentiary burdens required under Subsection 77-20-201(1) or
821
Utah Constitution, Article I, Section 8.
822
(6) An alleged victim has the right to be heard at a pretrial detention hearing on a motion
823
for pretrial detention.
824
(7) If a defendant seeks to subpoena an alleged victim who did not willingly testify at the
825
pretrial detention hearing, a defendant may issue a subpoena, at the conclusion of the
826
pretrial detention hearing, compelling the alleged victim to testify at a subsequent
827
hearing only if the judge finds that the testimony sought by the subpoena:
828
(a) is material to the substantial evidence or clear and convincing evidence
829
determinations described in Section 77-20-201 in light of all information presented to
830
the court; and
831
(b) would not unnecessarily intrude on the rights of the victim or place an undue burden
832
on the victim.
833
Section 8. Section 77-20-207 is amended to read:
834
77-20-207 . Modification of pretrial status order -- Failure to appear.
835
(1) A party may move to modify a pretrial status order:
836
(a) at any time after a pretrial status order is issued; and
837
(b) only upon a showing that there has been a material change in circumstances.
838
(2)(a) Notwithstanding Subsection (1), a defendant may move to modify a pretrial status
839
order if:
840
(i) the magistrate or judge imposed a financial condition as a condition of release in
841
the pretrial status order; and
842
(ii) the defendant is unable to pay the financial condition within seven days after the
843
day on which the pretrial status order is issued.
844
(b) For a motion under Subsection (2)(a), there is a rebuttable presumption that the
- 25 - 3rd Sub. (Cherry) H.B. 562 03-04 10:47
845
defendant does not have the ability to pay the financial condition.
846
(3)(a) If a party makes a motion to modify the pretrial status order, the party shall
847
provide notice to the opposing party sufficient to permit the opposing party to prepare
848
for a hearing and to permit each alleged victim to be notified and be present.
849
(b) A hearing on a motion to modify a pretrial status order may be held in conjunction
850
with a preliminary hearing or any other pretrial hearing.
851
(4) In ruling upon a motion to modify a pretrial status order, the judge may:
852
(a) rely on information as provided in Subsection 77-20-205(8);
853
(b) base the judge's ruling on evidence provided at the hearing so long as each party is
854
provided an opportunity to present additional evidence or information relevant to
855
pretrial release; and
856
(c)(i) for a motion to modify a pretrial status order under Subsection (1), modify the
857
pretrial status order, including the conditions of release, upon a finding that there
858
has been a material change in circumstances; or
859
(ii) for a motion to modify a pretrial status order under Subsection (2), modify the
860
pretrial status order by reducing the amount of the financial condition or imposing
861
nonfinancial conditions of release upon a finding that the defendant is unable to
862
pay the amount of the financial condition in the pretrial status order.
863
(5) In modifying a pretrial status order upon a motion by a party or on the court's own
864
motion, the court shall consider whether imposing a bail bond as a condition of release
865
in a modified pretrial status order will increase the likelihood of the defendant's
866
appearance when:
867
(a) the defendant was previously released on the defendant's own recognizance or on
868
nonfinancial conditions;
869
(b) the defendant willfully failed to appear at a required court appearance or has failed to
870
appear at a required court appearance more than once; and
871
(c) a bench warrant was issued.
872
(6) A court may not modify a pretrial status order to a no bail hold solely on the basis of a
873
failure to appear.
874
[(6)] (7) Subsections 77-20-205(3) through [(10)] (11) apply to a determination about pretrial
875
release in a modified pretrial status order.
876
Section 9. Section 77-20-402 is amended to read:
877
77-20-402 . Payment of monetary bail to court -- Specific payment methods --
878
Refund of monetary bail.
- 26 - 03-04 10:47 3rd Sub. (Cherry) H.B. 562
879
(1) Subject to Subsection (2), a defendant may choose to post the amount of monetary bail
880
imposed by a judge or magistrate by any of the following methods:
881
(a) in cash;
882
(b) by a bail bond with a surety; or
883
[(c) by an unsecured bond, at the discretion of the judge or magistrate; or]
884
[(d)] (c) by credit or debit card, at the discretion of the judge or magistrate.
885
(2) A judge or magistrate may limit a defendant to a specific method of posting monetary
886
bail described in Subsection (1):
887
(a) if, after charges are filed, the defendant fails to appear in the case on a bail bond and
888
the case involves a violent offense;
889
(b) in order to allow the defendant to voluntarily remit the fine in accordance with
890
Section 77-7-21 and the offense with which the defendant is charged is listed in the
891
shared master offense table as one for which an appearance is not mandatory;
892
(c) if the defendant has failed to respond to a citation or summons and the offense with
893
which the defendant is charged is listed in the shared master offense table as one for
894
which an appearance is not mandatory;
895
(d) if a warrant is issued for the defendant solely for failure to pay a criminal accounts
896
receivable, as defined in Section 77-32b-102, and the defendant's monetary bail is
897
limited to the amount owed; or
898
(e) if a court has entered a judgment of bail bond forfeiture under Section 77-20-505 in
899
any case involving the defendant.
900
(3) Monetary bail may not be accepted without receiving in writing at the time the bail is
901
posted the current mailing address, telephone number, and email address of the surety.
902
(4) Monetary bail posted by debit or credit card, less the fee charged by the financial
903
institution, shall be tendered to the courts.
904
(5)(a) Monetary bail refunded by the court may be refunded by credit to the debit or
905
credit card or in cash.
906
(b) The amount refunded shall be the full amount received by the court under Subsection
907
(4), which may be less than the full amount of the monetary bail set by the judge or
908
magistrate.
909
(c) Before refunding monetary bail that is posted by the defendant in cash, by credit
910
card, or by debit card, the court may apply the amount posted toward a criminal
911
accounts receivable, as defined in Section 77-32b-102, that is owed by the defendant
912
in the priority set forth in Section 77-38b-304.
- 27 - 3rd Sub. (Cherry) H.B. 562 03-04 10:47
913
Section 10. Section 77-27-5 is amended to read:
914
77-27-5 . Board of Pardons and Parole authority.
915
(1)(a) Subject to this chapter and other laws of the state, and except for a conviction for
916
treason or impeachment, the board shall determine by majority decision when and
917
under what conditions an offender's conviction may be pardoned or commuted.
918
(b) The board shall determine by majority decision when and under what conditions an
919
offender committed to serve a sentence at a penal or correctional facility, which is
920
under the jurisdiction of the department, may:
921
(i) be released upon parole;
922
(ii) have a fine or forfeiture remitted;
923
(iii) have the offender's criminal accounts receivable remitted in accordance with
924
Section 77-32b-105 or 77-32b-106;
925
(iv) have the offender's payment schedule modified in accordance with Section
926
77-32b-103; or
927
(v) have the offender's sentence terminated.
928
(c) The board shall prioritize public safety when making a determination under
929
Subsection (1)(a) or (1)(b).
930
(d)(i) The board may sit together or in panels to conduct hearings.
931
(ii) The chair shall appoint members to the panels in any combination and in
932
accordance with rules made by the board in accordance with Title 63G, Chapter 3,
933
Utah Administrative Rulemaking Act.
934
(iii) The chair may participate on any panel and when doing so is chair of the panel.
935
(iv) The chair of the board may designate the chair for any other panel.
936
(e)(i) Except after a hearing before the board, or the board's appointed examiner, in
937
an open session, the board may not:
938
(A) remit a fine or forfeiture for an offender or the offender's criminal accounts
939
receivable;
940
(B) release the offender on parole; or
941
(C) commute, pardon, or terminate an offender's sentence.
942
(ii) An action taken under this Subsection (1) other than by a majority of the board
943
shall be affirmed by a majority of the board.
944
(f) A commutation or pardon may be granted only after a full hearing before the board.
945
(2)(a) In the case of a hearing, timely prior notice of the time and location of the hearing
946
shall be given to the offender.
- 28 - 03-04 10:47 3rd Sub. (Cherry) H.B. 562
947
(b) The county or district attorney's office responsible for prosecution of the case, the
948
sentencing court, and law enforcement officials responsible for the defendant's arrest
949
and conviction shall be notified of any board hearings through the board's website.
950
(c) Whenever possible, the victim or the victim's representative, if designated, shall be
951
notified of original hearings and any hearing after that if notification is requested and
952
current contact information has been provided to the board.
953
(d)(i) Notice to the victim or the victim's representative shall include information
954
provided in Section 77-27-9.5, and any related rules made by the board under that
955
section.
956
(ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
957
reasonable for the lay person to understand.
958
(3)(a) A decision by the board is final and not subject for judicial review if the decision
959
is regarding:
960
(i) a pardon, parole, commutation, or termination of an offender's sentence;
961
(ii) restitution, the modification of an offender's payment schedule for restitution, or
962
an order for costs; or
963
(iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
964
(b) Deliberative processes are not public and the board is exempt from Title 52, Chapter
965
4, Open and Public Meetings Act, when the board is engaged in the board's
966
deliberative process.
967
(c) Pursuant to Subsection 63G-2-103(25)(b)(xi), records of the deliberative process are
968
exempt from Title 63G, Chapter 2, Government Records Access and Management
969
Act.
970
(d) Unless it will interfere with a constitutional right, deliberative processes are not
971
subject to disclosure, including discovery.
972
(e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
973
(4)(a) This chapter may not be construed as a denial of or limitation of the governor's
974
power to grant respite or reprieves in all cases of convictions for offenses against the
975
state, except treason or conviction on impeachment.
976
(b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
977
next session of the board.
978
(c) At the next session of the board, the board:
979
(i) shall continue or terminate the respite or reprieve; or
980
(ii) may commute the punishment or pardon the offense as provided.
- 29 - 3rd Sub. (Cherry) H.B. 562 03-04 10:47
981
(d) In the case of conviction for treason, the governor may suspend execution of the
982
sentence until the case is reported to the Legislature at the Legislature's next session.
983
(e) The Legislature shall pardon or commute the sentence or direct the sentence's
984
execution.
985
(5)(a) In determining when, where, and under what conditions an offender serving a
986
sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the
987
offender's criminal accounts receivable remitted, or have the offender's sentence
988
commuted or terminated, the board shall:
989
(i) consider whether the offender has made restitution ordered by the court under
990
Section 77-38b-205, or is prepared to pay restitution as a condition of any parole,
991
pardon, remission of a criminal accounts receivable or a fine or forfeiture, or a
992
commutation or termination of the offender's sentence;
993
(ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
994
making determinations under this Subsection (5);
995
(iii) consider information provided by the department regarding an offender's
996
individual case action plan; and
997
(iv) review an offender's status within 60 days after the day on which the board
998
receives notice from the department that the offender has completed all of the
999
offender's case action plan components that relate to activities that can be
1000
accomplished while the offender is imprisoned.
1001
(b) The board shall determine whether to remit an offender's criminal accounts
1002
receivable under this Subsection (5) in accordance with Section 77-32b-105 or
1003
77-32b-106.
1004
(6) In determining whether parole may be terminated, the board shall consider:
1005
(a) the offense committed by the parolee; and
1006
(b) the parole period under Section 76-3-202, and in accordance with Section 77-27-13.
1007
(7) For an offender placed on parole after December 31, 2018, the board shall terminate
1008
parole in accordance with the adult sentencing and supervision length guidelines, as
1009
defined in Section 63M-7-401.1, to the extent the guidelines are consistent with the
1010
requirements of the law.
1011
(8) The board may not rely solely on an algorithm or a risk assessment tool score in
1012
determining whether parole should be granted or terminated for an offender.
1013
(9) The board may intervene as a limited-purpose party in a judicial or administrative
1014
proceeding, including a criminal action, to seek:
- 30 - 03-04 10:47 3rd Sub. (Cherry) H.B. 562
1015
(a) correction of an order that has or will impact the board's jurisdiction; or
1016
(b) clarification regarding an order that may impact the board's jurisdiction.
1017
(10) A motion to intervene brought under Subsection (8)(a) shall be raised within 60 days
1018
after the day on which a court enters the order that impacts the board's jurisdiction.
1019
Section 11. Section 77-27-6.1 is amended to read:
1020
77-27-6.1 . Payment of a criminal accounts receivable -- Failure to enter an order
1021
for restitution or create a criminal accounts receivable -- Modification of a criminal
1022
accounts receivable -- Order for recovery of costs or pecuniary damages.
1023
(1) For an offender sentenced on or after July 1, 2021:
1024
(a) [When] when an offender is committed to prison, the board may require the offender
1025
to pay the offender's criminal accounts receivable ordered by the court during the
1026
period of incarceration or parole supervision[.] ;
1027
[(2)] (b) [If] if the board orders the release of an offender on parole and there is an unpaid
1028
balance on the offender's criminal accounts receivable, the board may modify the
1029
payment schedule entered by the court for the offender's criminal accounts receivable
1030
in accordance with Section 77-32b-105[.] ;
1031
[(3)] (c)[(a)] (i) [If] if the sentencing court has not entered an order of restitution for an
1032
offender who is under the jurisdiction of the board, the board shall refer the
1033
offender's case to the sentencing court, within the time periods described in
1034
Section 77-38b-205, to enter an order for restitution for the offender in accordance
1035
with Section 77-38b-205[.] ; and
1036
[(b)] (ii) [If] if the sentencing court has not entered an order to establish a criminal
1037
accounts receivable for an offender who is under the jurisdiction of the board, the
1038
board shall refer the offender's case to the sentencing court, within the time
1039
periods described in Section 77-38b-205, to enter an order to establish a criminal
1040
accounts receivable for the offender in accordance with Section 77-32b-103[.] ; and
1041
[(4)] (d)[(a)] (i) [If] if there is a challenge to an offender's criminal accounts receivable,
1042
the board shall refer the offender's case to the sentencing court, within the time
1043
periods described in Section 77-38b-205, to resolve the challenge to the criminal
1044
accounts receivable[.] ; and
1045
[(b)] (ii) [If] if a sentencing court modifies a criminal accounts receivable after the
1046
offender is committed to prison, the sentencing court shall provide notice to the
1047
board of the modification.
1048
(2) For an offender sentenced before July 1, 2021:
- 31 - 3rd Sub. (Cherry) H.B. 562 03-04 10:47
1049
(a) the board may impose any court order for restitution;
1050
(b) the board may order that a defendant make restitution for pecuniary damages that
1051
were not determined by the court, unless the board determines that restitution is
1052
inappropriate based upon application of the following criteria:
1053
(i) if the offense resulted in damage to or loss or destruction of property of a victim of
1054
the offense, the cost of the damage or loss;
1055
(ii) the cost of necessary medical and related professional services and devices
1056
relating to physical or mental health care, including nonmedical care and
1057
treatment rendered in accordance with a method of healing recognized by the law
1058
of the place of treatment;
1059
(iii) the cost of necessary physical and occupational therapy and rehabilitation;
1060
(iv) the income lost by the victim as a result of the offense;
1061
(v) the individual victim's reasonable determinable wages lost due to theft of or
1062
damage to tools or equipment items of a trade that were owned by the victim and
1063
were essential to the victim's current employment at the time of the offense;
1064
(vi) the cost of necessary funeral and related services if the offense resulted in the
1065
death of a victim; and
1066
(vii) expenses incurred by a victim in implementing reasonable security measures in
1067
response to the offense;
1068
(c) except as provided in Subsection (2)(d), the board shall make all orders of restitution
1069
within 60 days after the termination or expiration of the defendant's sentence;
1070
(d) if, upon termination or expiration of a defendant's sentence, the board has continuing
1071
jurisdiction over the defendant for a separate criminal offense, the board may defer
1072
making an order of restitution until 60 days after termination or expiration of all
1073
sentences for that defendant;
1074
(e) if, upon termination or expiration of a defendant's sentence, the defendant owes
1075
outstanding fines, restitution, or other assessed costs, or if the board makes an order
1076
of restitution within 60 days after the termination or expiration of the defendant's
1077
sentence:
1078
(i) the matter shall be referred to the district court for civil collection remedies;
1079
(ii) the Board of Pardons and Parole shall forward a restitution order to the
1080
sentencing court to be entered on the judgment docket as a civil judgment of
1081
restitution; and
1082
(iii) the judgment docket entry shall constitute a lien and is subject to the same rules
- 32 - 03-04 10:47 3rd Sub. (Cherry) H.B. 562
1083
as a judgment for money in a civil judgment; and
1084
(f) if the Board makes an order of restitution within 60 days after termination or
1085
expiration of the defendants sentence, a defendant shall have 90 days after the Board
1086
makes the order to file a petition for remittance in accordance with Section
1087
77-32b-106;
1088
(i) if a defendant timely files a petition for remittance, the board shall forward any
1089
unpaid amount of the restitution to the trial court to be entered on the judgment
1090
docket as a civil judgment of restitution within 30 days of resolving the
1091
defendants petition; and
1092
(ii) if the defendant does not timely file a petition for remittance, the board shall
1093
forward the unpaid amount of restitution to the trial court to be entered on the
1094
judgment docket as a civil judgment of restitution within 30 days of the expiration
1095
of the time for the defendant to file the petition.
1096
[(5)] (3) The board may enter an order to recover any cost or fee incurred by the department,
1097
or the state or any other agency, arising out of the offender's needs or conduct.
1098
Section 12. Section 77-32b-103 is amended to read:
1099
77-32b-103 . Establishment of a criminal accounts receivable -- Responsibility --
1100
Payment schedule -- Delinquency or default.
1101
(1)(a) Except as provided in Subsection (1)(b) and (c), at the time of sentencing or
1102
acceptance of a plea in abeyance, the court shall enter an order to establish a criminal
1103
accounts receivable for the defendant.
1104
(b) The court is not required to create a criminal accounts receivable for the defendant
1105
under Subsection (1)(a) if the court finds that the defendant does not owe restitution
1106
and there are no other fines or fees to be assessed against the defendant.
1107
(c) If the court does not create a criminal accounts receivable for a defendant under
1108
Subsection (1)(a), the court shall enter an order to establish a criminal accounts
1109
receivable for the defendant at the time the court enters an order for restitution under
1110
Section 77-38b-205.
1111
(2) [After] Except as provided in Subsection (7), after establishing a criminal accounts
1112
receivable for a defendant, the court shall:
1113
(a) if a prison sentence is imposed and not suspended for the defendant:
1114
(i) accept any payment for the criminal accounts receivable that is tendered on the
1115
date of sentencing; and
1116
(ii) transfer the responsibility of receiving, distributing, and processing payments for
- 33 - 3rd Sub. (Cherry) H.B. 562 03-04 10:47
1117
the criminal accounts receivable to the Office of State Debt Collection; and
1118
(b) for all other cases:
1119
(i) retain the responsibility for receiving, processing, and distributing payments for
1120
the criminal accounts receivable until the court enters a civil accounts receivable
1121
or civil judgment of restitution on the civil judgment docket under Subsection
1122
77-18-114(1) or (2); and
1123
(ii) record each payment by the defendant on the case docket.
1124
(c) For a criminal accounts receivable that a court retains responsibility for receiving,
1125
processing, and distributing payments under Subsection (2)(b)(i), the Judicial Council
1126
may establish rules to require a defendant to pay the cost, or a portion of the cost, for
1127
an electronic payment fee that is charged by a financial institution for the use of a
1128
credit or debit card to make payments towards the criminal accounts receivable.
1129
(3)(a) Upon entering an order for a criminal accounts receivable, the court shall establish
1130
a payment schedule for the defendant to make payments towards the criminal
1131
accounts receivable.
1132
(b) In establishing the payment schedule for the defendant, the court shall consider:
1133
(i) the needs of the victim if the criminal accounts receivable includes an order for
1134
restitution under Section 77-38b-205;
1135
(ii) the financial resources of the defendant, as disclosed in the financial declaration
1136
under Section 77-38b-204 or in evidence obtained by subpoena under Subsection
1137
77-38b-402(1)(b);
1138
(iii) the burden that the payment schedule will impose on the defendant regarding the
1139
other reasonable obligations of the defendant;
1140
(iv) the ability of the defendant to pay restitution on an installment basis or on other
1141
conditions fixed by the court;
1142
(v) the rehabilitative effect on the defendant of the payment of restitution and method
1143
of payment; and
1144
(vi) any other circumstance that the court determines is relevant.
1145
(c) If the court is unable to determine the appropriate amount for the payment schedule
1146
or does not set an amount for the payment schedule, the defendant is required to pay
1147
$50 per month toward the criminal accounts receivable.
1148
(4) A payment schedule for a criminal accounts receivable does not limit the ability of a
1149
judgment creditor to pursue collection by any means allowable by law.
1150
(5) If the court orders restitution under Section 77-38b-205, or makes another financial
- 34 - 03-04 10:47 3rd Sub. (Cherry) H.B. 562
1151
decision, after sentencing that increases the total amount owed in a defendant's case, the
1152
defendant's criminal accounts receivable balance shall be adjusted to include any new
1153
amount ordered by the court.
1154
(6)(a) If a defendant is incarcerated in a county jail or a secure correctional facility, as
1155
defined in Section 64-13-1, or the defendant is involuntarily committed under Section
1156
26B-5-332:
1157
(i) all payments for a payment schedule shall be suspended for the period of time that
1158
the defendant is incarcerated or involuntarily committed, unless the court, or the
1159
board if the defendant is under the jurisdiction of the board, expressly orders the
1160
defendant to make payments according to the payment schedule; and
1161
(ii) the defendant shall provide the court with notice of the incarceration or
1162
involuntary commitment.
1163
(b) A suspension under Subsection (6)(a) shall remain in place for 60 days after the day
1164
in which the defendant is released from incarceration or commitment.
1165
(7)(a) If the defendant owes restitution to the Department of Workforce Services or
1166
Department of Health and Human Services, the court may order that all or a portion
1167
of criminal accounts receivable be paid directly to the governmental agency or entity.
1168
(b) If the authority to collect all or portion of the criminal accounts receivable is given to
1169
a governmental agency or entity under this Subsection (7), the governmental agency
1170
or entity shall maintain an accounting of all payments made or credits toward
1171
reduction of the balance of the criminal accounts receivable.
1172
(c) The governmental entity or agency shall provide a copy of the accounting upon filing
1173
an order to show cause in the criminal case to the court or upon request to the court,
1174
Board of Pardons and Parole, Department of Corrections, private probation provider,
1175
prosecutor, defendant, or other victim.
1176
Section 13. Section 77-38b-202 is amended to read:
1177
77-38b-202 . Prosecuting attorney responsibility for collecting restitution
1178
information -- Depositing restitution on behalf of victim.
1179
(1) If a prosecuting attorney files a criminal charge against a defendant, the prosecuting
1180
attorney shall:
1181
(a) contact any known victim of the offense for which the criminal charge is filed, or
1182
person asserting a claim for restitution on behalf of the victim; and
1183
(b) gather the following information from the victim or person:
1184
(i) the name of the victim or person; and
- 35 - 3rd Sub. (Cherry) H.B. 562 03-04 10:47
1185
(ii) the actual or estimated amount of restitution.
1186
(2)(a) When a conviction, a diversion agreement, or a plea in abeyance is entered by the
1187
court, the prosecuting attorney shall provide the court with the information gathered
1188
by the prosecuting attorney under Subsection (1)(b).
1189
(b) If, at the time of the plea disposition or conviction, the prosecuting attorney does not
1190
have all the information under Subsection (1)(b), the prosecuting attorney shall
1191
provide the defendant with:
1192
(i) at the time of plea disposition or conviction, all information under Subsection
1193
(1)(b) that is reasonably available to the prosecuting attorney; and
1194
(ii) any information under Subsection (1)(b) as the information becomes available to
1195
the prosecuting attorney.
1196
(c) Nothing in this section shall be construed to prevent a prosecuting attorney, a victim,
1197
or a person asserting a claim for restitution on behalf of a victim from:
1198
(i) submitting information on, or a request for, restitution to the court within the time
1199
periods described in Section 77-38b-205; or
1200
(ii) submitting information on, or a request for, restitution for additional or
1201
substituted victims within the time periods described in Section 77-38b-205.
1202
(3)(a) The prosecuting attorney may be authorized by the sentencing court or appropriate
1203
public treasurer to deposit restitution collected on behalf of a victim into an
1204
interest-bearing account in accordance with Title 51, Chapter 7, State Money
1205
Management Act, pending the distribution of the funds to the victim.
1206
(b) If restitution is deposited into an interest-bearing account under Subsection (3)(a),
1207
the prosecuting attorney shall:
1208
(i) distribute any interest that accrues in the account to each victim on a pro rata
1209
basis; and
1210
(ii) if all victims have been made whole and funds remain in the account, distribute
1211
any remaining funds to the Division of Finance, created in Section 63A-3-101, to
1212
deposit to the Utah Office for Victims of Crime.
1213
(c) Nothing in this section prevents an independent judicial authority from collecting,
1214
holding, and distributing restitution.
1215
Section 14. Section 77-38b-301 is amended to read:
1216
77-38b-301 . Entry of a civil judgment of restitution and civil accounts receivable
1217
-- Continuation of the criminal action -- Interest -- Delinquency.
1218
(1) As used in this section, "civil judgment" means an order for:
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1219
(a) a civil judgment of restitution; or
1220
(b) a civil accounts receivable.
1221
(2) If the court has entered a civil judgment on the civil judgment docket under Section
1222
77-18-114, the civil judgment is enforceable under the Utah Rules of Civil Procedure.
1223
(3)(a) Notwithstanding Sections 77-18-114, 78B-2-311, and 78B-5-202, a civil judgment
1224
shall expire only upon payment in full, including any applicable interest, collection
1225
fees, attorney fees, and liens that directly result from the civil judgment.
1226
(b) Interest on a civil judgment may only accrue from the day on which the civil
1227
judgment is entered on the civil judgment docket by the court.
1228
(c) This Subsection (3) applies to all civil judgments that are not paid in full on or before
1229
May 12, 2009.
1230
(4) A civil judgment is considered entered on the civil judgment docket when the civil
1231
judgment appears on the [civil judgment] court docket with:
1232
(a) an amount owed by the defendant;
1233
(b) the name of the defendant as the judgment debtor; and
1234
(c) the name of the judgment creditors described in Subsections 77-18-114(1)(b)(iii) and
1235
(2)(b).
1236
(5) If a civil judgment becomes delinquent, or is in default, and upon a motion from a
1237
judgment creditor, the court may order the defendant to appear and show cause why the
1238
defendant should not be held in contempt under Section 78B-6-317 for the delinquency
1239
or the default.
1240
(6) Notwithstanding any other provision of law:
1241
(a) a civil judgment is an obligation that arises out of a defendant's criminal case;
1242
(b) a civil judgment is criminal in nature;
1243
(c) the civil enforcement of a civil judgment shall be construed as a continuation of the
1244
criminal action for which the civil judgment arises; and
1245
(d) the civil enforcement of a civil judgment does not divest a defendant of an obligation
1246
imposed as part of the defendant's punishment in a criminal action.
1247
Section 15. Section 78A-2-214 is amended to read:
1248
78A-2-214 . Collection of accounts receivable.
1249
[(1)] As used in this section:
1250
(1)(a) "Accounts receivable" means any amount due the state from an entity for which
1251
payment has not been received by the state agency that is servicing the debt.
1252
(b) "Accounts receivable" includes unpaid fees, licenses, taxes, loans, overpayments,
- 37 - 3rd Sub. (Cherry) H.B. 562 03-04 10:47
1253
fines, forfeitures, surcharges, costs, contracts, interest, penalties, restitution to
1254
victims, third party claims, sale of goods, sale of services, claims, and damages.
1255
(2) If a defendant is sentenced before July 1, 2021, and the Department of Corrections, or
1256
the Office of State Debt Collection, is not responsible for collecting an accounts
1257
receivable for the defendant, the district court shall collect the accounts receivable for
1258
the defendant.
1259
(3)(a) In the juvenile court, money collected by the court from past-due accounts
1260
receivable may be used to offset system, administrative, legal, and other costs of
1261
collection.
1262
(b) The juvenile court shall allocate money collected above the cost of collection on a
1263
pro rata basis to the various revenue types that generated the accounts receivable.
1264
(4) The interest charge described in Subsection [63A-3-502(4)(g)(iii)]
1265
63A-3-502(4)(g)(iii)(B) may not be assessed on an account receivable that is subject to
1266
the postjudgment interest rate established by Section 15-1-4.
1267
Section 16. Section 80-6-507 is amended to read:
1268
80-6-507 . Commitment of a minor by a district court.
1269
(1)(a) If the district court determines that probation is not appropriate and commitment
1270
to prison is an appropriate sentence when sentencing a minor:
1271
(i) the district court shall order the minor committed to prison; and
1272
(ii) the minor shall be provisionally housed in a secure care facility until the minor
1273
reaches 25 years old, unless released earlier from incarceration by the Board of
1274
Pardons and Parole.
1275
(b) Subsection (1) applies to any minor being provisionally housed in a secure care
1276
facility as described in Subsection (1)(a) on or after May 4, 2022.
1277
(c) The district court shall, as a part of sentencing, order the minor to make restitution in
1278
accordance with Title 77, Chapter 38b, Crime Victims Restitution Act.
1279
(2)(a) The division shall adopt procedures by rule, in accordance with Title 63G,
1280
Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor
1281
provisionally housed in a secure care facility under Subsection (1) to the physical
1282
custody of the Department of Corrections.
1283
(b) If, in accordance with the rules adopted under Subsection (2)(a), the division
1284
determines that housing the minor in a secure care facility presents an unreasonable
1285
risk to others or that it is not in the best interest of the minor, the division shall
1286
transfer the physical custody of the minor to the Department of Corrections.
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1287
(3)(a) When a minor is committed to prison but provisionally housed in a secure care
1288
facility under this section, the district court and the division shall immediately notify
1289
the Board of Pardons and Parole so that the minor may be scheduled for a hearing
1290
according to board procedures.
1291
(b) If a minor who is provisionally housed in a secure care facility under this section has
1292
not been paroled or otherwise released from incarceration by the time the minor
1293
reaches 25 years old, the division shall as soon as reasonably possible, but not later
1294
than when the minor reaches 25 years and 6 months old, transfer the minor to the
1295
physical custody of the Department of Corrections.
1296
(4) Upon the commitment of a minor to the custody of the division or the Department of
1297
Corrections under this section, the Board of Pardons and Parole has authority over the
1298
minor for purposes of parole, pardon, commutation, termination of sentence, remission
1299
of restitution, fines or forfeitures, [orders of restitution, ]and all other purposes
1300
authorized by law.
1301
(5) The authority shall:
1302
(a) hold hearings, receive reports, or otherwise keep informed of the progress of a minor
1303
in the custody of the division under this section; and
1304
(b) forward to the Board of Pardons and Parole any information or recommendations
1305
concerning the minor.
1306
(6) Commitment of a minor under this section is a prison commitment for all sentencing
1307
purposes.
1308
Section 17. Effective Date.
1309
This bill takes effect on May 7, 2025.
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