Utah House Bill HB0562 Substitute / Bill

                    03-05 16:53	4th Sub. (Green) H.B. 562
Karianne Lisonbee proposes the following substitute bill:
1 
Law Enforcement and Criminal Justice Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: Todd Weiler
2 
 
3 
LONG TITLE
4 
General Description:
5 
This bill modifies provisions related to law enforcement and criminal justice.
6 
Highlighted Provisions:
7 
This bill:
8 
▸ requires that counties offering probation services adopt certain probation standards and
9 
practices;
10 
▸ modifies definitions;
11 
▸ provides that the Office of State Debt Collection has the authority to collect civil accounts
12 
receivable or a civil judgment of restitution and interest thereon;
13 
▸ provides that administrative garnishments also apply to a debtor's property or wages that
14 
are under control of a third party;
15 
▸ requires the Office of State Debt Collection to provide an accounting of the unpaid
16 
balance of a defendant's criminal accounts receivable at the time of termination of the
17 
defendant's sentence;
18 
▸ provides repayment procedures for any unpaid balance of a defendant's criminal accounts
19 
receivable upon termination of a sentence;
20 
▸ provides circumstances that constitute a material change in circumstances;
21 
▸ adds requirements for temporary pretrial status orders of detention;
22 
▸ modifies provisions relating to factors for pretrial release requirements;
23 
▸ provides that a request for a pretrial release at an initial appearance does not constitute a
24 
pretrial detention hearing;
25 
▸ requires a court to make findings of fact when making a determination regarding pretrial
26 
release;
27 
▸ adds a financial condition schedule to aid a court in determining the amount of a fixed
28 
financial condition;
4th Sub. H.B. 562 4th Sub. (Green) H.B. 562	03-05 16:53
29 
▸ requires a judge to take certain actions if the judge is unable to hold a pretrial detention
30 
hearing before a certain deadline;
31 
▸ provides for required procedures when a no bail hold is requested;
32 
▸ provides that certain Board of Pardons and Parole decisions on restitution are final and
33 
not subject to judicial review;
34 
▸ codifies order of restitution procedures that apply to certain offenders sentenced before
35 
July 1, 2021;
36 
▸ provides procedures for the accounting and payment of restitution owed to various state
37 
governmental entities;
38 
▸ permits a sentencing court to authorize the deposit of funds in certain interest-bearing
39 
accounts when distribution to a victim is pending;
40 
▸ permits the Board of Pardons and Parole to order recovery of fees incurred on behalf of a
41 
sentenced offender in addition to the existing ability to recover costs;
42 
▸ makes coordinating modifications related to docket entry and interest assessments;
43 
▸ permits a court to set restitution for a juvenile sentenced to prison;
44 
▸ includes a coordination clause that requires changes to a section of this bill supersede the
45 
changes to that section in H.B. 312, Criminal Justice Amendments; and
46 
▸ makes technical and grammatical changes.
47 
Money Appropriated in this Bill:
48 
None
49 
Other Special Clauses:
50 
This bill provides a coordination clause.
51 
Utah Code Sections Affected:
52 
AMENDS:
53 
17-22-5.6, as enacted by Laws of Utah 2024, Chapter 16
54 
63A-3-502, as last amended by Laws of Utah 2024, Chapter 398
55 
63A-3-507, as last amended by Laws of Utah 2024, Chapter 158
56 
77-18-114, as last amended by Laws of Utah 2024, Chapter 330
57 
77-20-102, as last amended by Laws of Utah 2023, Chapter 408
58 
77-20-205, as last amended by Laws of Utah 2024, Chapters 187, 434
59 
77-20-206, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
60 
77-20-207, as last amended by Laws of Utah 2023, Chapter 408
61 
77-27-5, as last amended by Laws of Utah 2024, Chapters 145, 187 and 208
62 
77-27-6.1, as last amended by Laws of Utah 2024, Chapter 330
- 2 - 03-05 16:53	4th Sub. (Green) H.B. 562
63 
77-32b-103, as last amended by Laws of Utah 2024, Chapter 389
64 
77-38b-202, as last amended by Laws of Utah 2024, Chapter 330
65 
77-38b-301, as last amended by Laws of Utah 2023, Chapter 113
66 
78A-2-214, as last amended by Laws of Utah 2024, Chapter 398
67 
80-6-507, as last amended by Laws of Utah 2022, Chapter 135
68 
ENACTS:
69 
77-20-205.5, Utah Code Annotated 1953
70 
Utah Code Sections affected by Coordination Clause:
71 
 
72 
Be it enacted by the Legislature of the state of Utah:
73 
Section 1.  Section 17-22-5.6 is amended to read:
74 
17-22-5.6 . Probation supervision -- Violation of probation -- Detention --
75 
Hearing.
76 
(1) As used in this section:
77 
(a) "Probationer" means an individual on probation under the supervision of the county
78 
sheriff.
79 
(b)(i) "Qualifying domestic violence offense" means the same as that term is defined
80 
in Subsection 77-36-1.1(4).
81 
(ii) "Qualifying domestic violence offense" does not include criminal mischief as
82 
described in Section 76-6-106.
83 
(c) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
84 
(2) In a county that offers probation services, the county sheriff shall adopt probation
85 
standards and practices that are established by the Utah Sheriffs' Association.
86 
[(2)] (3) A county sheriff shall ensure that the court is notified of violations of the terms and
87 
conditions of a probationer's probation when the county sheriff determines that:
88 
(a) incarceration is recommended as a sanction;
89 
(b) a graduated and evidence-based response is not an appropriate response to the
90 
offender's violation and recommends revocation of probation; or
91 
(c) there is probable cause that the conduct that led to a violation of probation is:
92 
(i) a violent felony; or
93 
(ii) a qualifying domestic violence offense.
94 
[(3)] (4) A county sheriff may take custody of, and detain, a probationer for a maximum of
95 
72 hours, excluding weekends and holidays, if there is probable cause to believe that the
96 
probationer has committed a violation of probation.
- 3 - 4th Sub. (Green) H.B. 562	03-05 16:53
97 
[(4)] (5) A county sheriff may not detain a probationer or parolee for longer than 72 hours
98 
without obtaining a warrant issued by the court.
99 
[(5)] (6) If the county sheriff detains a probationer under Subsection [(3)] (4), the county
100 
sheriff shall ensure the proper court is notified.
101 
[(6)] (7) A written order from the county sheriff is sufficient authorization for a peace
102 
officer to incarcerate a probationer if the county sheriff has determined that there is
103 
probable cause to believe that the probationer has violated the conditions of probation.
104 
[(7)] (8) If a probationer commits a violation outside of the jurisdiction of the county sheriff
105 
supervising the probationer, the arresting law enforcement agency is not required to hold
106 
or transport the probationer to the county sheriff.
107 
[(8)] (9) This section does not require the county sheriff to release a probationer who is
108 
being held for something other than a probation violation, including a warrant issued for
109 
new criminal conduct or a new conviction where the individual is sentenced to
110 
incarceration.
111 
Section 2.  Section 63A-3-502 is amended to read:
112 
63A-3-502 . Office of State Debt Collection created -- Duties.
113 
(1) The state and each state agency shall comply with:
114 
(a) the requirements of this chapter; and
115 
(b) any rules established by the Office of State Debt Collection.
116 
(2) There is created the Office of State Debt Collection in the Division of Finance.
117 
(3) The office shall:
118 
(a) have overall responsibility for collecting and managing state receivables;
119 
(b) assist the Division of Finance to develop consistent policies governing the collection
120 
and management of state receivables;
121 
(c) oversee and monitor state receivables to ensure that state agencies are:
122 
(i) implementing all appropriate collection methods;
123 
(ii) following established receivables guidelines; and
124 
(iii) accounting for and reporting receivables in the appropriate manner;
125 
(d) assist the Division of Finance to develop policies, procedures, and guidelines for
126 
accounting, reporting, and collecting money owed to the state;
127 
(e) provide information, training, and technical assistance to each state agency on
128 
various collection-related topics;
129 
(f) write an inclusive receivables management and collection manual for use by each
130 
state agency;
- 4 - 03-05 16:53	4th Sub. (Green) H.B. 562
131 
(g) prepare quarterly and annual reports of the state's receivables;
132 
(h) create or coordinate a state accounts receivable database;
133 
(i) develop reasonable criteria to gauge state agencies' efforts in maintaining an effective
134 
accounts receivable program;
135 
(j) identify any state agency that is not making satisfactory progress toward
136 
implementing collection techniques and improving accounts receivable collections;
137 
(k) coordinate information, systems, and procedures between each state agency to
138 
maximize the collection of past-due accounts receivable;
139 
(l) establish an automated cash receipt process between each state agency;
140 
(m) assist the Division of Finance to establish procedures for writing off accounts
141 
receivable for accounting and collection purposes;
142 
(n) establish standard time limits after which an agency will delegate responsibility to
143 
collect state receivables to the office or the office's designee;
144 
(o) be a real party in interest for:
145 
(i) an account receivable referred to the office by any state agency; and
146 
(ii) a civil judgment of restitution entered on a civil judgment docket by a court;
147 
(p) allocate money collected for a judgment entered on the civil judgment docket under
148 
Section 77-18-114 in accordance with Sections 51-9-402, 63A-3-506, and 78A-5-110;
149 
(q) if a criminal accounts receivable is transferred to the office under Subsection
150 
77-32b-103(2)(a)(ii), receive, process, and distribute payments for the criminal
151 
accounts receivable;
152 
(r) provide a debtor online access to the debtor's accounts receivable or criminal
153 
accounts receivable in accordance with Section 63A-3-502.5;
154 
(s) establish a written policy for each of the following:
155 
(i) the settling of an accounts receivable, including any amount of restitution owed to
156 
a victim in a civil judgment of restitution if the victim approves of the settlement;
157 
(ii) allowing a debtor to pay off a single debt as part of an accounts receivable even if
158 
the debtor has a balance on another debt as part of an accounts receivable or
159 
criminal accounts receivable;
160 
(iii) setting a payment deadline for settlement agreements and for obtaining an
161 
extension of a settlement agreement deadline; and
162 
(iv) reducing administrative costs when a settlement has been reached;
163 
(t) consult with a state agency on whether:
164 
(i) the office may agree to a settlement for an amount that is less than the debtor's
- 5 - 4th Sub. (Green) H.B. 562	03-05 16:53
165 
principal amount; and
166 
(ii) the state agency may retain authority to negotiate a settlement with a debtor; and
167 
(u) provide the terms and conditions of any payment arrangement that the debtor has
168 
made with a state agency or the office when:
169 
(i) the payment arrangement is created; or
170 
(ii) the debtor requests a copy of the terms and conditions.
171 
(4) The office may:
172 
(a) recommend to the Legislature new laws to enhance collection of past-due accounts
173 
by state agencies;
174 
(b) collect accounts receivables for higher education entities, if the higher education
175 
entity agrees;
176 
(c) prepare a request for proposal for consulting services to:
177 
(i) analyze the state's receivable management and collection efforts; and
178 
(ii) identify improvements needed to further enhance the state's effectiveness in
179 
collecting the state's receivables;
180 
(d) contract with private or state agencies to collect past-due accounts;
181 
(e) perform other appropriate and cost-effective coordinating work directly related to
182 
collection of state receivables;
183 
(f) obtain access to records and databases of any state agency that are necessary to the
184 
duties of the office by following the procedures and requirements of Section
185 
63G-2-206, including the financial declaration form described in Section 77-38b-204;
186 
(g) at rates authorized by the Legislature or set in statute, assess and collect the
187 
following interest and fees:
188 
(i) a fee to cover the administrative costs of collection on accounts administered by
189 
the office;
190 
(ii) a late penalty fee that may not be more than 10% of the account receivable on
191 
accounts administered by the office;
192 
(iii) an interest charge that is:
193 
(A) the postjudgment interest rate established by Section 15-1-4 in judgments
194 
established by the courts; or
195 
(B) not more than 2% above the prime rate as of July 1 of each fiscal year for
196 
accounts receivable for which no court judgment has been entered; and
197 
(iv) fees to collect accounts receivable for higher education;
198 
(h) collect reasonable attorney fees and reasonable costs of collection that are related to
- 6 - 03-05 16:53	4th Sub. (Green) H.B. 562
199 
the collection of receivables under this chapter;
200 
(i) make rules that allow accounts receivable to be collected over a reasonable period of
201 
time and under certain conditions with credit cards;
202 
(j) for a case that is referred to the office or in which the office is a judgment creditor,
203 
file a motion or other document related to the office or the accounts receivable in that
204 
case, including a satisfaction of judgment, in accordance with the Utah Rules of Civil
205 
Procedure;
206 
(k) ensure that judgments for which the office is the judgment creditor are renewed, as
207 
necessary;
208 
(l) notwithstanding Section 63G-2-206, share records obtained under Subsection (4)(f)
209 
with private sector vendors under contract with the state to assist state agencies in
210 
collecting debts owed to the state agencies without changing the classification of any
211 
private, controlled, or protected record into a public record;
212 
(m) enter into written agreements with other governmental agencies to obtain and share
213 
information for the purpose of collecting state accounts receivable; and
214 
(n) collect accounts receivable for a political subdivision of the state if the political
215 
subdivision enters into an agreement or contract with the office under Title 11,
216 
Chapter 13, Interlocal Cooperation Act, for the office to collect the political
217 
subdivision's accounts receivable.
218 
(5) The office shall ensure that:
219 
(a) a record obtained by the office or a private sector vendor under Subsection (4)(l):
220 
(i) is used only for the limited purpose of collecting accounts receivable; and
221 
(ii) is subject to federal, state, and local agency records restrictions; and
222 
(b) any individual employed by, or formerly employed by, the office or a private sector
223 
vendor as referred to in Subsection (4)(l) is subject to:
224 
(i) the same duty of confidentiality with respect to the record imposed by law on
225 
officers and employees of the state agency from which the record was obtained;
226 
and
227 
(ii) any civil or criminal penalties imposed by law for violations of lawful access to a
228 
private, controlled, or protected record.
229 
(6)(a) The office shall have authority to collect a civil accounts receivable or a civil
230 
judgment of restitution ordered by a court as a result of prosecution for a criminal
231 
offense that have been transferred to the office under Subsection 77-18-114(1) or (2).
232 
(b) The office may not assess:
- 7 - 4th Sub. (Green) H.B. 562	03-05 16:53
233 
(i) the interest charge established by the office under Subsection [(4) ] (4)(g)(iii)(B)
234 
on an account receivable that is subject to the postjudgment interest rate
235 
established by Section 15-1-4; and
236 
(ii) an interest charge on [a] an amount from a criminal accounts receivable [that is
237 
transferred to the office under Subsection 77-32b-103(2)(a)(ii)] until the amount is
238 
entered on the civil judgment docket.
239 
(7) The office shall require a state agency to:
240 
(a) transfer collection responsibilities to the office or the office's designee according to
241 
time limits established by the office;
242 
(b) make annual progress towards implementing collection techniques and improved
243 
accounts receivable collections;
244 
(c) use the state's accounts receivable system or develop systems that are adequate to
245 
properly account for and report the state's receivables;
246 
(d) develop and implement internal policies and procedures that comply with the
247 
collections policies and guidelines established by the office;
248 
(e) provide internal accounts receivable training to staff involved in the management and
249 
collection of receivables as a supplement to statewide training;
250 
(f) bill for and make initial collection efforts of the state agency's receivables up to the
251 
time the accounts must be transferred; and
252 
(g) submit quarterly receivable reports to the office that identify the age, collection
253 
status, and funding source of each receivable.
254 
(8) All interest, fees, and other amounts authorized to be collected by the office under
255 
Subsection (4)(g):
256 
(a) are penalties that may be charged by the office;
257 
(b) do not require an order from a court for the office to assess or collect;
258 
(c) are not compensation for actual pecuniary loss;
259 
(d) for a civil accounts receivable:
260 
(i) begin to accrue on the day on which the civil accounts receivable is entered on the
261 
civil judgment docket under Subsection 77-18-114(1) or (2); and
262 
(ii) may be collected as part of the civil accounts receivable;
263 
(e) for a civil judgment of restitution:
264 
(i) begin to accrue on the day on which the civil judgment of restitution is entered on
265 
the civil judgment docket under Subsection 77-18-114(1); and
266 
(ii) may be collected as part of the civil judgment of restitution;
- 8 - 03-05 16:53	4th Sub. (Green) H.B. 562
267 
(f) for all other accounts receivable:
268 
(i) begin to accrue on the day on which the accounts receivable is transferred to the
269 
office, even if there is no court order on the day on which the accounts receivable
270 
is transferred; and
271 
(ii) may be collected as part of the accounts receivable; and
272 
(g) may be waived by:
273 
(i) the office; or
274 
(ii) if the interest, fee, or other amount is charged in error, the court.
275 
Section 3.  Section 63A-3-507 is amended to read:
276 
63A-3-507 . Administrative garnishment order.
277 
(1) Subject to Subsection (2), if a judgment is entered against a debtor, the office may issue
278 
an administrative garnishment order against the debtor's personal property, including
279 
wages, in the possession of or under the control of a party other than the debtor in the
280 
same manner and with the same effect as if the order was a writ of garnishment issued
281 
by a court with jurisdiction.
282 
(2) The office may issue the administrative garnishment order if:
283 
(a) the order is signed by the director or the director's designee; and
284 
(b) the underlying debt is for:
285 
(i) nonpayment of a civil accounts receivable or a civil judgment of restitution; or
286 
(ii) nonpayment of a judgment, or abstract of judgment or award filed with a court,
287 
based on an administrative order for payment issued by an agency of the state.
288 
(3) An administrative garnishment order issued in accordance with this section is subject to
289 
the procedures and due process protections provided by Rule 64D, Utah Rules of Civil
290 
Procedure, except as provided by Section 70C-7-103.
291 
(4) An administrative garnishment order issued by the office shall:
292 
(a) contain a statement that includes:
293 
(i) if known:
294 
(A) the nature, location, account number, and estimated value of the property; and
295 
(B) the name, address, and phone number of the person holding the property;
296 
(ii) whether any of the property consists of earnings;
297 
(iii) the amount of the judgment and the amount due on the judgment; and
298 
(iv) the name, address, and phone number of any person known to the plaintiff to
299 
claim an interest in the property;
300 
(b) identify the defendant, including the defendant's name and last known address;
- 9 - 4th Sub. (Green) H.B. 562	03-05 16:53
301 
(c) notify the defendant of the defendant's right to reply to answers and request a hearing
302 
as provided by Rule 64D, Utah Rules of Civil Procedure; and
303 
(d) state where the garnishee may deliver property.
304 
(5) The office may, in the office's discretion, include in an administrative garnishment order:
305 
(a) the last four digits of the defendant's Social Security number;
306 
(b) the last four digits of the defendant's driver license number;
307 
(c) the state in which the defendant's driver license was issued;
308 
(d) one or more interrogatories inquiring:
309 
(i) whether the garnishee is indebted to the defendant and, if so, the nature of the
310 
indebtedness;
311 
(ii) whether the garnishee possesses or controls any property of the defendant and, if
312 
so, the nature, location, and estimated value of the property;
313 
(iii) whether the garnishee knows of any property of the defendant in the possession
314 
or under the control of another and, if so:
315 
(A) the nature, location, and estimated value of the property; and
316 
(B) the name, address, and telephone number of the person who has possession or
317 
control of the property;
318 
(iv) whether the garnishee is deducting a liquidated amount in satisfaction of a claim
319 
against the plaintiff or the defendant, whether the claim is against the plaintiff or
320 
the defendant, and the amount deducted;
321 
(v) the date and manner of the garnishee's service of papers upon the defendant and
322 
any third party;
323 
(vi) the dates on which any previously served writs of continuing garnishment were
324 
served; and
325 
(vii) any other relevant information, including the defendant's position, rate of pay,
326 
method of compensation, pay period, and computation of the amount of the
327 
defendant's disposable earnings.
328 
(6)(a) A garnishee who acts in accordance with this section and the administrative
329 
garnishment issued by the office is released from liability unless an answer to an
330 
interrogatory is successfully controverted.
331 
(b) Except as provided in Subsection (6)(c), if the garnishee fails to comply with an
332 
administrative garnishment issued by the office without a court or final
333 
administrative order directing otherwise, the garnishee is liable to the office for an
334 
amount determined by the court.
- 10 - 03-05 16:53	4th Sub. (Green) H.B. 562
335 
(c) The amount for which a garnishee is liable under Subsection (6)(b) includes:
336 
(i)(A) the value of the judgment; or
337 
(B) the value of the property, if the garnishee shows that the value of the property
338 
is less than the value of the judgment;
339 
(ii) reasonable costs; and
340 
(iii) attorney fees incurred by the parties as a result of the garnishee's failure.
341 
(d) If the garnishee shows that the steps taken to secure the property were reasonable,
342 
the court may excuse the garnishee's liability in whole or in part.
343 
(7)(a) If the office has reason to believe that a garnishee has failed to comply with the
344 
requirements of this section in the garnishee's response to a garnishment order issued
345 
under this section, the office may submit a motion to the court requesting the court to
346 
issue an order against the garnishee requiring the garnishee to appear and show cause
347 
why the garnishee should not be held liable under this section.
348 
(b) The office shall attach to a motion under Subsection (7)(a) a statement that the office
349 
has in good faith conferred or attempted to confer with the garnishee in an effort to
350 
settle the issue without court action.
351 
(8) A person is not liable as a garnishee for drawing, accepting, making, or endorsing a
352 
negotiable instrument if the instrument is not in the possession or control of the
353 
garnishee at the time of service of the administrative garnishment order.
354 
(9)(a) A person indebted to the defendant may pay to the office the amount of the debt
355 
or an amount to satisfy the administrative garnishment.
356 
(b) The office's receipt of an amount described in Subsection (9)(a) discharges the
357 
debtor for the amount paid.
358 
(10) A garnishee may deduct from the property any liquidated claim against the defendant.
359 
(11)(a) If a debt to the garnishee is secured by property, the office:
360 
(i) is not required to apply the property to the debt when the office issues the
361 
administrative garnishment order; and
362 
(ii) may obtain a court order authorizing the office to buy the debt and requiring the
363 
garnishee to deliver the property.
364 
(b) Notwithstanding Subsection (11)(a)(i):
365 
(i) the administrative garnishment order remains in effect; and
366 
(ii) the office may apply the property to the debt.
367 
(c) The office or a third party may perform an obligation of the defendant and require
368 
the garnishee to deliver the property upon completion of performance or, if
- 11 - 4th Sub. (Green) H.B. 562	03-05 16:53
369 
performance is refused, upon tender of performance if:
370 
(i) the obligation is secured by property; and
371 
(ii)(A) the obligation does not require the personal performance of the defendant;
372 
and
373 
(B) a third party may perform the obligation.
374 
(12)(a) The office may issue a continuing garnishment order against a nonexempt
375 
periodic payment.
376 
(b) This section is subject to the Utah Exemptions Act.
377 
(c) A continuing garnishment order issued in accordance with this section applies to
378 
payments to, or for the benefit of, the defendant from the date of service upon the
379 
garnishee until the earliest of the following:
380 
(i) the last periodic payment;
381 
(ii) the judgment upon which the administrative garnishment order is issued is stayed,
382 
vacated, or satisfied in full; or
383 
(iii) the office releases the order.
384 
(d) No later than seven days after the last day of each payment period, the garnishee
385 
shall with respect to that period:
386 
(i) answer each interrogatory;
387 
(ii) serve an answer to each interrogatory on the office, the defendant, and any other
388 
person who has a recorded interest in the property; and
389 
(iii) deliver the property to the office.
390 
(e) If the office issues a continuing garnishment order during the term of a writ of
391 
continuing garnishment issued by a court, the order issued by the office:
392 
(i) is tolled when a writ of garnishment or other income withholding is already in
393 
effect and is withholding greater than or equal to the maximum portion of
394 
disposable earnings described in Subsection (13);
395 
(ii) is collected in the amount of the difference between the maximum portion of
396 
disposable earnings described in Subsection (13) and the amount being garnished
397 
by an existing writ of continuing garnishment if the maximum portion of
398 
disposable earnings exceed the existing writ of garnishment or other income
399 
withholding; and
400 
(iii) shall take priority upon the termination of the current term of existing writs.
401 
(13) The maximum portion of disposable earnings of an individual subject to seizure in
402 
accordance with this section is the lesser of:
- 12 - 03-05 16:53	4th Sub. (Green) H.B. 562
403 
(a) 25% of the defendant's disposable earnings for any other judgment; or
404 
(b) the amount by which the defendant's disposable earnings for a pay period exceeds
405 
the number of weeks in that pay period multiplied by 30 times the federal minimum
406 
wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
407 
(14)(a) In accordance with the requirements of this Subsection (14), the office may, at its
408 
discretion, determine a dollar amount that a garnishee is to withhold from earnings
409 
and deliver to the office in a continuing administrative garnishment order issued
410 
under this section.
411 
(b) The office may determine the dollar amount that a garnishee is to withhold from
412 
earnings under Subsection (14)(a) if the dollar amount determined by the office:
413 
(i) does not exceed the maximum amount allowed under Subsection (13); and
414 
(ii) is based on:
415 
(A) earnings information received by the office directly from the Department of
416 
Workforce Services; or
417 
(B) previous garnishments issued to the garnishee by the office where payments
418 
were received at a consistent dollar amount.
419 
(c) The earnings information or previous garnishments relied on by the office under
420 
Subsection (14)(b)(ii) to calculate a dollar amount under this Subsection (14) shall be:
421 
(i) for one debtor;
422 
(ii) from the same employer;
423 
(iii) for two or more consecutive quarters; and
424 
(iv) received within the last six months.
425 
(15)(a) A garnishee who provides the calculation for withholdings on a defendant's
426 
wages in the garnishee's initial response to an interrogatory in an administrative
427 
garnishment order under this section is not required to provide the calculation for
428 
withholdings after the garnishee's initial response if:
429 
(i) the garnishee's accounting system automates the amount of defendant's wages to
430 
be paid under the garnishment; and
431 
(ii) the defendant's wages do not vary by more than five percent from the amount
432 
disclosed in the garnishee's initial response.
433 
(b) Notwithstanding Subsection (15)(a), upon request by the office or the defendant, a
434 
garnishee shall provide, for the last pay period or other pay period specified by the
435 
office or defendant, a calculation of the defendant's wages and withholdings and the
436 
amount garnished.
- 13 - 4th Sub. (Green) H.B. 562	03-05 16:53
437 
(16)(a) A garnishee under an administrative garnishment order under this section is
438 
entitled to receive a garnishee fee, as provided in this Subsection (16), in the amount
439 
of:
440 
(i) $10 per garnishment order, for a noncontinuing garnishment order; and
441 
(ii) $25, as a one-time fee, for a continuing garnishment order.
442 
(b) A garnishee may deduct the amount of the garnishee fee from the amount to be
443 
remitted to the office under the administrative garnishment order, if the amount to be
444 
remitted exceeds the amount of the fee.
445 
(c) If the amount to be remitted to the office under an administrative garnishment order
446 
does not exceed the amount of the garnishee fee:
447 
(i) the garnishee shall notify the office that the amount to be remitted does not exceed
448 
the amount of the garnishee fee; and
449 
(ii)(A) the garnishee under a noncontinuing garnishment order shall return the
450 
administrative garnishment order to the office, and the office shall pay the
451 
garnishee the garnishee fee; or
452 
(B) the garnishee under a continuing garnishment order shall delay remitting to
453 
the office until the amount to be remitted exceeds the garnishee fee.
454 
(d) If, upon receiving the administrative garnishment order, the garnishee does not
455 
possess or control any property, including money or wages, in which the defendant
456 
has an interest:
457 
(i) the garnishee under a continuing or noncontinuing garnishment order shall, except
458 
as provided in Subsection (16)(d)(ii), return the administrative garnishment order
459 
to the office, and the office shall pay the garnishee the applicable garnishee fee; or
460 
(ii) if the garnishee under a continuing garnishment order believes that the garnishee
461 
will, within 90 days after issuance of the continuing garnishment order, come into
462 
possession or control of property in which the defendant owns an interest, the
463 
garnishee may retain the garnishment order and deduct the garnishee fee for a
464 
continuing garnishment once the amount to be remitted exceeds the garnishee fee.
465 
(17) Section 78A-2-216 does not apply to an administrative garnishment order issued under
466 
this section.
467 
(18) An administrative garnishment instituted in accordance with this section shall continue
468 
to operate and require that a person withhold the nonexempt portion of earnings at each
469 
succeeding earning disbursement interval until the total amount due in the garnishment
470 
is withheld or the garnishment is released in writing by the court or office.
- 14 - 03-05 16:53	4th Sub. (Green) H.B. 562
471 
(19) If the office issues an administrative garnishment order under this section to collect an
472 
amount owed on a civil accounts receivable or a civil judgment of restitution, the
473 
administrative garnishment order shall be construed as a continuation of the criminal
474 
action for which the civil accounts receivable or civil judgment of restitution arises if the
475 
amount owed is from a fine, fee, or restitution for the criminal action.
476 
Section 4.  Section 77-18-114 is amended to read:
477 
77-18-114 . Unpaid balance at termination of sentence -- Transfer of collection
478 
responsibility -- Past due account -- Notice -- Account or judgment paid in full -- Effect of
479 
civil accounts receivable and civil judgment of restitution.
480 
(1) When a defendant's sentence is terminated by law or by the decision of the court or the
481 
board:
482 
(a) the board shall provide notice to the Office of State Debt Collection, and the Office
483 
of State Debt Collection shall provide an accounting of the unpaid balance of the
484 
defendant's criminal accounts receivable to the court if the defendant was on parole
485 
or incarcerated at the time of termination; and
486 
(b) except as provided in Subsection (1)(b)(iv), Subsection 77-18-118(1)(g), and
487 
Subsection 77-27-6.1(2)(f), within 90 days after the day on which a defendant's
488 
sentence is terminated, the court shall:
489 
(i) enter an order for a civil accounts receivable and a civil judgment of restitution for
490 
a defendant on the civil judgment docket;
491 
(ii) transfer the responsibility of collecting the civil accounts receivable and the civil
492 
judgment of restitution to the Office of State Debt Collection;[ and]
493 
(iii) identify in the order under this Subsection (1):
494 
(A) the Office of State Debt Collection as a judgment creditor for the civil
495 
accounts receivable and the civil judgment of restitution; and
496 
(B) the victim as a judgment creditor for the civil judgment of restitution[.] ; and
497 
(iv) if the restitution is owed to the Department of Workforce Services or the
498 
Department of Health and Human Services, upon request by the prosecutor or
499 
victim:
500 
(A) enter an order for the civil accounts receivable and a civil judgment of
501 
restitution for a defendant on the civil judgment docket;
502 
(B) transfer the responsibility of collecting the civil judgment of restitution to each
503 
entity described in this Subsection (1)(b)(iv) that is owed restitution, with the
504 
balance owed to each entity assigned to each entity respectively if applicable;
- 15 - 4th Sub. (Green) H.B. 562	03-05 16:53
505 
(C) identify each entity that is assigned responsibility for collecting a civil
506 
judgment of restitution under Subsection (1)(b)(iv)(B) as a judgment creditor
507 
for the civil judgment of restitution; and
508 
(D) identify the Office of State Debt Collection as a judgment creditor for any
509 
civil accounts receivable and transfer the responsibility of collecting the civil
510 
accounts receivable to the Office of State Debt Collection.
511 
(2) If a criminal accounts receivable for the defendant is more than 90 days past due and the
512 
court has ordered that a defendant does not owe restitution to any victim, or the time
513 
period for entering an order for restitution has expired under Section 77-38b-205 and the
514 
court has not ordered restitution, the court may:
515 
(a) enter an order for a civil accounts receivable for the defendant on the civil judgment
516 
docket;
517 
(b) identify, in the order under Subsection (2)(a), the Office of State Debt Collection as a
518 
judgment creditor for the civil accounts receivable; and
519 
(c) transfer the responsibility of collecting the civil accounts receivable to the Office of
520 
State Debt Collection.
521 
(3) An order for a criminal accounts receivable is no longer in effect after the court enters
522 
an order for a civil accounts receivable or a civil judgment of restitution under
523 
Subsection (1) or (2).
524 
(4) The court shall provide notice to the Office of State Debt Collection and the prosecuting
525 
attorney of any hearing that affects an order for the civil accounts receivable or the civil
526 
judgment of restitution.
527 
(5) The Office of State Debt Collection shall notify the court when a civil judgment of
528 
restitution or a civil accounts receivable is satisfied.
529 
(6) When a fine, forfeiture, surcharge, cost, or fee is recorded in an order for a civil
530 
accounts receivable on the civil judgment docket, or when restitution is recorded as an
531 
order for a civil judgment of restitution on the civil judgment docket, the order:
532 
(a) constitutes a lien on the defendant's real property until the judgment is satisfied; and
533 
(b) may be collected by any means authorized by law for the collection of a civil
534 
judgment.
535 
(7) A criminal accounts receivable, a civil accounts receivable, and a civil judgment of
536 
restitution are not subject to the civil statutes of limitation and expire only upon payment
537 
in full.
538 
(8)(a) If a defendant asserts that a payment was made to a victim or third party for a civil
- 16 - 03-05 16:53	4th Sub. (Green) H.B. 562
539 
judgment of restitution, or enters into any other transaction that does not involve the
540 
Office of State Debt Collection, and the defendant asserts that the payment results in
541 
a credit [towards] toward the civil judgment of restitution for the defendant:
542 
(i) the defendant shall provide notice to the Office of State Debt Collection and the
543 
prosecuting attorney within 30 days after the day on which the payment or other
544 
transaction is made; and
545 
(ii) the payment may only be credited towards the civil judgment of restitution and
546 
does not affect any other amount owed to the Office of State Debt Collection
547 
under Section 63A-3-502.
548 
(b) Nothing in this Subsection (8) shall be construed to prevent a victim or a third party
549 
from providing notice of a payment towards a civil judgment of restitution to the
550 
Office of State Debt Collection.
551 
Section 5.  Section 77-20-102 is amended to read:
552 
77-20-102 . Definitions.
553 
      As used in this chapter:
554 
(1) "Bail" means pretrial release.
555 
(2) "Bail bond" means the same as that term is defined in Section 31A-35-102.
556 
(3) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
557 
(4) "Bail bond producer" means the same as that term is defined in Section 31A-35-102.
558 
(5) "County jail official" means a county sheriff or the county sheriff's designee.
559 
(6) "Exonerate" means to release and discharge a surety, or a surety's bail bond producer,
560 
from liability for a bail bond.
561 
(7) "Financial condition" means any monetary condition that is imposed to secure an
562 
individual's pretrial release.
563 
(8) "Forfeiture" means:
564 
(a) to divest an individual or surety from a right to the repayment of monetary bail; or
565 
(b) to enforce a pledge of assets or real or personal property from an individual or surety
566 
used to secure an individual's pretrial release.
567 
(9) "Magistrate" means the same as that term is defined in Section 77-1-3.
568 
(10)(a) "Material change in circumstances" includes:
569 
(i) a preliminary examination in which relevant evidence is presented that:
570 
(A) is material to the factors or considerations provided in Section 77-20-201; and
571 
(B) was not known to the court at the time the pretrial status order was issued;
572 
(ii) an unreasonable delay in prosecution that is not attributable to the defendant;
- 17 - 4th Sub. (Green) H.B. 562	03-05 16:53
573 
[(ii)] (iii) a material change in the risk that an individual poses to a victim, a witness,
574 
or the public if released due to the passage of time or any other relevant factor;
575 
[(iii)] (iv) a material change in the conditions of release or the services that are
576 
reasonably available to the defendant if released;
577 
[(iv)] (v) a willful or repeated failure by the defendant to appear at required court
578 
appearances; or
579 
[(v)] (vi) any other material change related to the defendant's risk of flight or danger
580 
to any other individual or to the community if released.
581 
(b) "Material change in circumstances" does not include any fact or consideration that is
582 
known at the time that the pretrial status order is issued.
583 
(11) "Monetary bail" means a financial condition.
584 
(12) "No bail hold" means an order with the restrictions described in Subsection (18)(c).
585 
[(12)] (13) "Own recognizance" means the release of an individual without any condition of
586 
release other than the individual's promise to:
587 
(a) appear for all required court proceedings; and
588 
(b) not commit any criminal offense.
589 
[(13)] (14) "Pretrial detention hearing" means a hearing described in Section 77-20-206.
590 
[(14)] (15) "Pretrial release" means the release of an individual from law enforcement
591 
custody during the time the individual awaits trial or other resolution of criminal charges.
592 
[(15)] (16) "Pretrial risk assessment" means an objective, research-based, validated
593 
assessment tool that measures an individual's risk of flight and risk of anticipated
594 
criminal conduct while on pretrial release.
595 
[(16)] (17) "Pretrial services program" means a program that is established to:
596 
(a) gather information on individuals booked into a jail facility;
597 
(b) conduct pretrial risk assessments; and
598 
(c) supervise individuals granted pretrial release.
599 
[(17)] (18) "Pretrial status order" means an order issued by a magistrate or judge that:
600 
(a) releases the individual on the individual's own recognizance while the individual
601 
awaits trial or other resolution of criminal charges;
602 
(b) sets the terms and conditions of the individual's pretrial release while the individual
603 
awaits trial or other resolution of criminal charges; or
604 
(c) denies pretrial release and orders that the individual be detained while the individual
605 
awaits trial or other resolution of criminal charges.
606 
[(18)] (19) "Principal" means the same as that term is defined in Section 31A-35-102.
- 18 - 03-05 16:53	4th Sub. (Green) H.B. 562
607 
[(19)] (20) "Surety" means a surety insurer or a bail bond agency.
608 
[(20)] (21) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
609 
[(21)] (22) "Temporary pretrial status order" means an order issued by a magistrate that:
610 
(a) releases the individual on the individual's own recognizance until a pretrial status
611 
order is issued;
612 
(b) sets the terms and conditions of the individual's pretrial release until a pretrial status
613 
order is issued; or
614 
(c) denies pretrial release and orders that the individual be detained until a pretrial status
615 
order is issued.
616 
[(22)] (23) "Unsecured bond" means an individual's promise to pay a financial condition if
617 
the individual fails to appear for any required court appearance.
618 
Section 6.  Section 77-20-205 is amended to read:
619 
77-20-205 . Pretrial release by a magistrate or judge.
620 
(1)(a) At the time that a magistrate issues a warrant of arrest, or finds there is probable
621 
cause to support the individual's arrest under Rule 9 of the Utah Rules of Criminal
622 
Procedure, the magistrate shall issue a temporary pretrial status order that:
623 
(i) releases the individual on the individual's own recognizance during the time the
624 
individual awaits trial or other resolution of criminal charges;
625 
(ii) designates a condition, or a combination of conditions, to be imposed upon the
626 
individual's release during the time the individual awaits trial or other resolution
627 
of criminal charges; or
628 
(iii) orders the individual be detained during the time the individual awaits trial or
629 
other resolution of criminal charges.
630 
(b) At the time that a magistrate issues a summons, the magistrate may issue a temporary
631 
pretrial status order that:
632 
(i) releases the individual on the individual's own recognizance during the time the
633 
individual awaits trial or other resolution of criminal charges; or
634 
(ii) designates a condition, or a combination of conditions, to be imposed upon the
635 
individual's release during the time the individual awaits trial or other resolution
636 
of criminal charges, subject to the requirements of Subsection (1)(c).
637 
(c)(i) Notwithstanding Subsection (1)(a) or (b), a magistrate shall issue a temporary
638 
pretrial status order of detention under Subsection [(1) that detains an individual] 
639 
(1)(a)(iii) if the individual is arrested for a felony offense and the magistrate finds:
640 
[(i)] (A) there is substantial evidence to support the individual's arrest for the
- 19 - 4th Sub. (Green) H.B. 562	03-05 16:53
641 
felony offense;
642 
[(ii)] (B) the individual committed the felony offense while:
643 
[(A)] (I) the individual was on parole or probation for a conviction of a felony
644 
offense; or
645 
[(B)] (II) the individual was released and awaiting trial on a previous charge for
646 
a felony offense; and
647 
[(iii)] (C) based on information reasonably available to the magistrate, the
648 
individual [has at least nine cases where the individual has been charged or
649 
convicted, or entered a plea of guilty, within five years from the day on which
650 
the individual was arrested for the felony offense described in Subsection
651 
(1)(c)(i)] :
652 
(I) is a habitual offender as defined in Section 77-18-102; or
653 
(II) will be a habitual offender as defined in Section 77-18-102 if the individual
654 
is convicted of the felony offense.
655 
(d) Subsection (1)(c) does not limit or prohibit a magistrate's authority to detain an
656 
individual who does not meet the requirements described in Subsection (1)(c).
657 
(2)(a) Except as provided in Subsection (2)(b), the magistrate or judge shall issue a
658 
pretrial status order at an individual's first appearance before the court.
659 
(b) The magistrate or judge may delay the issuance of a pretrial status order at an
660 
individual's first appearance before the court:
661 
(i) until a pretrial detention hearing is held if a prosecuting attorney makes a motion
662 
for pretrial detention as described in Section 77-20-206;
663 
(ii) if a party requests a delay; or
664 
(iii) if there is good cause to delay the issuance.
665 
(c) If a magistrate or judge delays the issuance of a pretrial status order under Subsection
666 
(2)(b), the magistrate or judge shall extend the temporary pretrial status order until
667 
the issuance of a pretrial status order.
668 
(d) A request for a pretrial release at an initial appearance does not constitute a pretrial
669 
detention hearing under Section 77-20-206.
670 
(3)(a) When a magistrate or judge issues a pretrial status order, the pretrial status order
671 
shall:
672 
(i) release the individual on the individual's own recognizance during the time the
673 
individual awaits trial or other resolution of criminal charges;
674 
(ii) designate a condition, or a combination of conditions, to be imposed upon the
- 20 - 03-05 16:53	4th Sub. (Green) H.B. 562
675 
individual's release during the time the individual awaits trial or other resolution
676 
of criminal charges; or
677 
(iii) subject to the requirements of Subsection (10), order the individual to be
678 
detained during the time that individual awaits trial or other resolution of criminal
679 
charges.
680 
(b) In making a determination about pretrial release in a pretrial status order, the
681 
magistrate or judge may not give any deference to a magistrate's decision in a
682 
temporary pretrial status order.
683 
(4) In making a determination about pretrial release, a magistrate or judge shall impose:
684 
(a) [ ]only conditions of release that are reasonably available; and
685 
(b) conditions of release that reasonably ensure:
686 
(i) the individual's appearance in court when required;
687 
(ii) the safety of any witnesses or victims of the offense allegedly committed by the
688 
individual;
689 
(iii) the safety and welfare of the public; and
690 
(iv) that the individual will not obstruct, or attempt to obstruct, the criminal justice
691 
process.
692 
(5) Except as provided in Subsection (1)(c) or (6), a magistrate or judge may impose a
693 
condition, or combination of conditions, for pretrial release that requires an individual to:
694 
(a) not commit a federal, state, or local offense during the period of pretrial release;
695 
(b) avoid contact with a victim of the alleged offense;
696 
(c) avoid contact with a witness who:
697 
(i) may testify concerning the alleged offense; and
698 
(ii) is named in the pretrial status order;
699 
(d) not consume alcohol or any narcotic drug or other controlled substance unless
700 
prescribed by a licensed medical practitioner;
701 
(e) submit to drug or alcohol testing;
702 
(f) complete a substance abuse evaluation and comply with any recommended treatment
703 
or release program;
704 
(g) submit to electronic monitoring or location device tracking;
705 
(h) participate in inpatient or outpatient medical, behavioral, psychological, or
706 
psychiatric treatment;
707 
(i) maintain employment or actively seek employment if unemployed;
708 
(j) maintain or commence an education program;
- 21 - 4th Sub. (Green) H.B. 562	03-05 16:53
709 
(k) comply with limitations on where the individual is allowed to be located or the times
710 
that the individual shall be, or may not be, at a specified location;
711 
(l) comply with specified restrictions on personal associations, place of residence, or
712 
travel;
713 
(m) report to a law enforcement agency, pretrial services program, or other designated
714 
agency at a specified frequency or on specified dates;
715 
(n) comply with a specified curfew;
716 
(o) forfeit or refrain from possession of a firearm or other dangerous weapon;
717 
(p) if the individual is charged with an offense against a child, limit or prohibit access to
718 
any location or occupation where children are located, including any residence where
719 
children are on the premises, activities where children are involved, locations where
720 
children congregate, or where a reasonable person would know that children
721 
congregate;
722 
(q) comply with requirements for house arrest;
723 
(r) return to custody for a specified period of time following release for employment,
724 
schooling, or other limited purposes;
725 
(s) remain in custody of one or more designated individuals who agree to:
726 
(i) supervise and report on the behavior and activities of the individual; and
727 
(ii) encourage compliance with all court orders and attendance at all required court
728 
proceedings;
729 
(t) comply with a financial condition; or
730 
(u) comply with any other condition that is reasonably available and necessary to ensure
731 
compliance with Subsection (4).
732 
(6)(a) If a county or municipality has established a pretrial services program, the
733 
magistrate or judge shall consider the services that the county or municipality has
734 
identified as available in determining what conditions of release to impose.
735 
(b) The magistrate or judge may not order conditions of release that would require the
736 
county or municipality to provide services that are not currently available from the
737 
county or municipality.
738 
(c) Notwithstanding Subsection (6)(a), the magistrate or judge may impose conditions of
739 
release not identified by the county or municipality so long as the condition does not
740 
require assistance or resources from the county or municipality.
741 
(7)(a) If the magistrate or judge determines that a financial condition, other than an
742 
unsecured bond, is necessary to impose as a condition of release, the magistrate or
- 22 - 03-05 16:53	4th Sub. (Green) H.B. 562
743 
judge shall, when determining the amount of the financial condition, refer to the
744 
financial condition schedule in Section 77-20-205.5 and consider the individual's risk
745 
of failing to appear and ability to pay[ when determining the amount of the financial
746 
condition].
747 
(b) If the magistrate or judge determines that a financial condition is necessary to impose
748 
as a condition of release, and a county jail official fixed a financial condition for the
749 
individual under Section 77-20-204, the magistrate or judge may not give any
750 
deference to:
751 
(i) the county jail official's action to fix a financial condition; or
752 
(ii) the amount of the financial condition that the individual was required to pay for
753 
pretrial release.
754 
(c) If a magistrate or judge orders a financial condition as a condition of release, the
755 
judge or magistrate shall set the financial condition at a single amount per case.
756 
(8) In making a determination about pretrial release, the magistrate or judge may:
757 
(a) rely upon information contained in:
758 
(i) the indictment or information;
759 
(ii) any sworn or probable cause statement or other information provided by law
760 
enforcement;
761 
(iii) a pretrial risk assessment;
762 
(iv) an affidavit of indigency described in Section 78B-22-201.5;
763 
(v) witness statements or testimony;
764 
(vi) the results of a lethality assessment completed in accordance with Section
765 
77-36-2.1; or
766 
(vii) any other reliable record or source, including proffered evidence; and
767 
(b) consider:
768 
(i) the nature and circumstances of the offense, or offenses, that the individual was
769 
arrested for, or charged with, including:
770 
(A) whether the offense is a violent offense; and
771 
(B) the vulnerability of a witness or alleged victim;
772 
(ii) the nature and circumstances of the individual, including the individual's:
773 
(A) character;
774 
(B) physical and mental health;
775 
(C) family and community ties;
776 
(D) employment status or history;
- 23 - 4th Sub. (Green) H.B. 562	03-05 16:53
777 
(E) financial resources;
778 
(F) past criminal conduct;
779 
(G) history of drug or alcohol abuse; and
780 
(H) history of timely appearances at required court proceedings;
781 
(iii) the potential danger to another individual, or individuals, posed by the release of
782 
the individual;
783 
(iv) whether the individual was on probation, parole, or release pending an upcoming
784 
court proceeding at the time the individual allegedly committed the offense or
785 
offenses;
786 
(v) the availability of:
787 
(A) other individuals who agree to assist the individual in attending court when
788 
required; or
789 
(B) supervision of the individual in the individual's community;
790 
(vi) the eligibility and willingness of the individual to participate in various treatment
791 
programs, including drug treatment; or
792 
(vii) other evidence relevant to the individual's likelihood of fleeing or violating the
793 
law if released.
794 
(9) The magistrate or judge may not base a determination about pretrial release solely:
795 
(a) on the seriousness or type of offense that the individual is arrested for or charged
796 
with, unless the individual is arrested for or charged with a capital felony; or
797 
(b) on an algorithm or a risk assessment tool score.
798 
(10) If the magistrate or judge issues an order pursuant to Subsection 77-20-205(3)(a)(iii),
799 
the magistrate or judge shall make sufficiently detailed findings of fact on the risk of
800 
substantial danger or flight from the court's jurisdiction to enable a reviewing court to
801 
ensure that the magistrate's or judge's determination reasonably considered all of the
802 
evidence presented to the court.
803 
[(10)] (11) An individual arrested for violation of a jail release agreement, or a jail release
804 
court order, issued in accordance with Section 78B-7-802:
805 
(a) may not be released before the individual's first appearance before a magistrate or
806 
judge; and
807 
(b) may be denied pretrial release by the magistrate or judge.
808 
Section 7.  Section 77-20-205.5 is enacted to read:
809 
77-20-205.5 . Financial condition schedule.
810 
(1) For a felony, the default amount for a financial condition is:
- 24 - 03-05 16:53	4th Sub. (Green) H.B. 562
811 
(a) $25,000 for a first degree felony with a minimum mandatory sentence;
812 
(b) $20,000 for a first degree felony without a minimum mandatory sentence;
813 
(c) $10,000 for a second degree felony; and
814 
(d) $5,000 for a third degree felony.
815 
(2) For a misdemeanor or infraction other than a local ordinance, the default amount for a
816 
financial condition is:
817 
(a) $2,000 for a class A misdemeanor;
818 
(b) $700 for a class B misdemeanor;
819 
(c) $350 for a class C misdemeanor; and
820 
(d) $130 for an infraction.
821 
(3) For a violation of a local ordinance, the default amount for a financial condition is:
822 
(a) $150 for a class B violation;
823 
(b) $80 for a class C violation; and
824 
(c) $25 for an infraction.
825 
Section 8.  Section 77-20-206 is amended to read:
826 
77-20-206 . Motion for pretrial detention -- Pretrial detention hearing --
827 
Requirements for no bail holds.
828 
(1)(a) If the criminal charges filed against an individual include one or more offenses
829 
eligible for detention under Subsection 77-20-201(1) or Utah Constitution, Article I,
830 
Section 8, the prosecuting attorney may make a motion for pretrial detention.
831 
(b) A prosecuting attorney shall not omit from the prosecuting attorney's motion for
832 
pretrial detention any material information that is known to the prosecuting attorney
833 
to be favorable to the individual.
834 
(c) The motion for pretrial detention may include proposed factual findings for the court
835 
to adopt.
836 
[(b)] (d) Upon receiving a motion for pretrial detention under Subsection (1)(a), the
837 
judge shall set a pretrial detention hearing in accordance with Subsection (2).
838 
(2)(a) If a pretrial status order is not issued at an individual's first appearance and the
839 
individual remains detained, a pretrial detention hearing shall be held at the next
840 
available court hearing that is:
841 
[(a)] (i) no sooner than seven days from the day on which the defendant was arrested;
842 
and
843 
[(b)] (ii) no later than fourteen days from the day on which the defendant was arrested.
844 
(b) A judge who is unable to hold a detention hearing within 14 days of the date of an
- 25 - 4th Sub. (Green) H.B. 562	03-05 16:53
845 
individual's first appearance shall make a good faith effort to identify another judge
846 
who has the ability to conduct the detention hearing within 14 days of the date of the
847 
individual's first appearance.
848 
(3)(a) An individual, who is the subject of a pretrial detention hearing, has the right to be
849 
represented by counsel at the pretrial detention hearing.
850 
(b) If a judge finds the individual is indigent under Section 78B-22-202, the judge shall
851 
appoint counsel to represent the individual in accordance with Section 78B-22-203.
852 
(4) At the pretrial detention hearing:
853 
(a) the judge shall give both parties the opportunity to make arguments and to present
854 
relevant evidence or information;
855 
(b) the prosecuting attorney and the defendant have a right to subpoena witnesses to
856 
testify; and
857 
(c) the judge shall issue a pretrial status order in accordance with Subsection (5) and
858 
Section 77-20-205.
859 
(5) After hearing evidence on a motion for pretrial detention, and based on the totality of
860 
the circumstances, a judge may order detention if:
861 
(a) the individual is accused of committing an offense that qualifies for detention of the
862 
individual under Subsection 77-20-201(1) or Utah Constitution, Article I, Section 8;
863 
and
864 
(b) the prosecuting attorney demonstrates substantial evidence to support the charge, and
865 
meets all additional evidentiary burdens required under Subsection 77-20-201(1) or
866 
Utah Constitution, Article I, Section 8.
867 
(6) An alleged victim has the right to be heard at a pretrial detention hearing on a motion
868 
for pretrial detention.
869 
(7) If a defendant seeks to subpoena an alleged victim who did not willingly testify at the
870 
pretrial detention hearing, a defendant may issue a subpoena, at the conclusion of the
871 
pretrial detention hearing, compelling the alleged victim to testify at a subsequent
872 
hearing only if the judge finds that the testimony sought by the subpoena:
873 
(a) is material to the substantial evidence or clear and convincing evidence
874 
determinations described in Section 77-20-201 in light of all information presented to
875 
the court; and
876 
(b) would not unnecessarily intrude on the rights of the victim or place an undue burden
877 
on the victim.
878 
Section 9.  Section 77-20-207 is amended to read:
- 26 - 03-05 16:53	4th Sub. (Green) H.B. 562
879 
77-20-207 . Modification of pretrial status order -- Failure to appear.
880 
(1) A party may move to modify a pretrial status order:
881 
(a) at any time after a pretrial status order is issued; and
882 
(b) only upon a showing that there has been a material change in circumstances.
883 
(2)(a) Notwithstanding Subsection (1), a defendant may move to modify a pretrial status
884 
order if:
885 
(i) the magistrate or judge imposed a financial condition as a condition of release in
886 
the pretrial status order; and
887 
(ii) the defendant is unable to pay the financial condition within seven days after the
888 
day on which the pretrial status order is issued.
889 
(b) For a motion under Subsection (2)(a), there is a rebuttable presumption that the
890 
defendant does not have the ability to pay the financial condition.
891 
(3)(a) If a party makes a motion to modify the pretrial status order, the party shall
892 
provide notice to the opposing party sufficient to permit the opposing party to prepare
893 
for a hearing and to permit each alleged victim to be notified and be present.
894 
(b) A hearing on a motion to modify a pretrial status order may be held in conjunction
895 
with a preliminary hearing or any other pretrial hearing.
896 
(4) In ruling upon a motion to modify a pretrial status order, the judge may:
897 
(a) rely on information as provided in Subsection 77-20-205(8);
898 
(b) base the judge's ruling on evidence provided at the hearing so long as each party is
899 
provided an opportunity to present additional evidence or information relevant to
900 
pretrial release; and
901 
(c)(i) for a motion to modify a pretrial status order under Subsection (1), modify the
902 
pretrial status order, including the conditions of release, upon a finding that there
903 
has been a material change in circumstances; or
904 
(ii) for a motion to modify a pretrial status order under Subsection (2), modify the
905 
pretrial status order by reducing the amount of the financial condition or imposing
906 
nonfinancial conditions of release upon a finding that the defendant is unable to
907 
pay the amount of the financial condition in the pretrial status order.
908 
(5) In modifying a pretrial status order upon a motion by a party or on the court's own
909 
motion, the court shall consider whether imposing a bail bond as a condition of release
910 
in a modified pretrial status order will increase the likelihood of the defendant's
911 
appearance when:
912 
(a) the defendant was previously released on the defendant's own recognizance or on
- 27 - 4th Sub. (Green) H.B. 562	03-05 16:53
913 
nonfinancial conditions;
914 
(b) the defendant willfully failed to appear at a required court appearance or has failed to
915 
appear at a required court appearance more than once; and
916 
(c) a bench warrant was issued.
917 
(6) A court may not modify a pretrial status order to a no bail hold solely on the basis of a
918 
failure to appear.
919 
[(6)] (7) Subsections 77-20-205(3) through [(10)] (11) apply to a determination about pretrial
920 
release in a modified pretrial status order.
921 
Section 10.  Section 77-27-5 is amended to read:
922 
77-27-5 . Board of Pardons and Parole authority.
923 
(1)(a) Subject to this chapter and other laws of the state, and except for a conviction for
924 
treason or impeachment, the board shall determine by majority decision when and
925 
under what conditions an offender's conviction may be pardoned or commuted.
926 
(b) The board shall determine by majority decision when and under what conditions an
927 
offender committed to serve a sentence at a penal or correctional facility, which is
928 
under the jurisdiction of the department, may:
929 
(i) be released upon parole;
930 
(ii) have a fine or forfeiture remitted;
931 
(iii) have the offender's criminal accounts receivable remitted in accordance with
932 
Section 77-32b-105 or 77-32b-106;
933 
(iv) have the offender's payment schedule modified in accordance with Section
934 
77-32b-103; or
935 
(v) have the offender's sentence terminated.
936 
(c) The board shall prioritize public safety when making a determination under
937 
Subsection (1)(a) or (1)(b).
938 
(d)(i) The board may sit together or in panels to conduct hearings.
939 
(ii) The chair shall appoint members to the panels in any combination and in
940 
accordance with rules made by the board in accordance with Title 63G, Chapter 3,
941 
Utah Administrative Rulemaking Act.
942 
(iii) The chair may participate on any panel and when doing so is chair of the panel.
943 
(iv) The chair of the board may designate the chair for any other panel.
944 
(e)(i) Except after a hearing before the board, or the board's appointed examiner, in
945 
an open session, the board may not:
946 
(A) remit a fine or forfeiture for an offender or the offender's criminal accounts
- 28 - 03-05 16:53	4th Sub. (Green) H.B. 562
947 
receivable;
948 
(B) release the offender on parole; or
949 
(C) commute, pardon, or terminate an offender's sentence.
950 
(ii) An action taken under this Subsection (1) other than by a majority of the board
951 
shall be affirmed by a majority of the board.
952 
(f) A commutation or pardon may be granted only after a full hearing before the board.
953 
(2)(a) In the case of a hearing, timely prior notice of the time and location of the hearing
954 
shall be given to the offender.
955 
(b) The county or district attorney's office responsible for prosecution of the case, the
956 
sentencing court, and law enforcement officials responsible for the defendant's arrest
957 
and conviction shall be notified of any board hearings through the board's website.
958 
(c) Whenever possible, the victim or the victim's representative, if designated, shall be
959 
notified of original hearings and any hearing after that if notification is requested and
960 
current contact information has been provided to the board.
961 
(d)(i) Notice to the victim or the victim's representative shall include information
962 
provided in Section 77-27-9.5, and any related rules made by the board under that
963 
section.
964 
(ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
965 
reasonable for the lay person to understand.
966 
(3)(a) A decision by the board is final and not subject for judicial review if the decision
967 
is regarding:
968 
(i) a pardon, parole, commutation, or termination of an offender's sentence;
969 
(ii) restitution, the modification of an offender's payment schedule for restitution, or
970 
an order for costs; or
971 
(iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
972 
(b) Deliberative processes are not public and the board is exempt from Title 52, Chapter
973 
4, Open and Public Meetings Act, when the board is engaged in the board's
974 
deliberative process.
975 
(c) Pursuant to Subsection 63G-2-103(25)(b)(xi), records of the deliberative process are
976 
exempt from Title 63G, Chapter 2, Government Records Access and Management
977 
Act.
978 
(d) Unless it will interfere with a constitutional right, deliberative processes are not
979 
subject to disclosure, including discovery.
980 
(e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
- 29 - 4th Sub. (Green) H.B. 562	03-05 16:53
981 
(4)(a) This chapter may not be construed as a denial of or limitation of the governor's
982 
power to grant respite or reprieves in all cases of convictions for offenses against the
983 
state, except treason or conviction on impeachment.
984 
(b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
985 
next session of the board.
986 
(c) At the next session of the board, the board:
987 
(i) shall continue or terminate the respite or reprieve; or
988 
(ii) may commute the punishment or pardon the offense as provided.
989 
(d) In the case of conviction for treason, the governor may suspend execution of the
990 
sentence until the case is reported to the Legislature at the Legislature's next session.
991 
(e) The Legislature shall pardon or commute the sentence or direct the sentence's
992 
execution.
993 
(5)(a) In determining when, where, and under what conditions an offender serving a
994 
sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the
995 
offender's criminal accounts receivable remitted, or have the offender's sentence
996 
commuted or terminated, the board shall:
997 
(i) consider whether the offender has made restitution ordered by the court under
998 
Section 77-38b-205, or is prepared to pay restitution as a condition of any parole,
999 
pardon, remission of a criminal accounts receivable or a fine or forfeiture, or a
1000 
commutation or termination of the offender's sentence;
1001 
(ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
1002 
making determinations under this Subsection (5);
1003 
(iii) consider information provided by the department regarding an offender's
1004 
individual case action plan; and
1005 
(iv) review an offender's status within 60 days after the day on which the board
1006 
receives notice from the department that the offender has completed all of the
1007 
offender's case action plan components that relate to activities that can be
1008 
accomplished while the offender is imprisoned.
1009 
(b) The board shall determine whether to remit an offender's criminal accounts
1010 
receivable under this Subsection (5) in accordance with Section 77-32b-105 or
1011 
77-32b-106.
1012 
(6) In determining whether parole may be terminated, the board shall consider:
1013 
(a) the offense committed by the parolee; and
1014 
(b) the parole period under Section 76-3-202, and in accordance with Section 77-27-13.
- 30 - 03-05 16:53	4th Sub. (Green) H.B. 562
1015 
(7) For an offender placed on parole after December 31, 2018, the board shall terminate
1016 
parole in accordance with the adult sentencing and supervision length guidelines, as
1017 
defined in Section 63M-7-401.1, to the extent the guidelines are consistent with the
1018 
requirements of the law.
1019 
(8) The board may not rely solely on an algorithm or a risk assessment tool score in
1020 
determining whether parole should be granted or terminated for an offender.
1021 
(9) The board may intervene as a limited-purpose party in a judicial or administrative
1022 
proceeding, including a criminal action, to seek:
1023 
(a) correction of an order that has or will impact the board's jurisdiction; or
1024 
(b) clarification regarding an order that may impact the board's jurisdiction.
1025 
(10) A motion to intervene brought under Subsection [(8)(a)] (9)(a) shall be raised within 60
1026 
days after the day on which a court enters the order that impacts the board's jurisdiction.
1027 
Section 11.  Section 77-27-6.1 is amended to read:
1028 
77-27-6.1 . Payment of a criminal accounts receivable -- Failure to enter an order
1029 
for restitution or create a criminal accounts receivable -- Modification of a criminal
1030 
accounts receivable -- Order for recovery of costs or pecuniary damages.
1031 
(1) For an offender sentenced on or after July 1, 2021:
1032 
(a) [When] when an offender is committed to prison, the board may require the offender
1033 
to pay the offender's criminal accounts receivable ordered by the court during the
1034 
period of incarceration or parole supervision[.] ;
1035 
[(2)] (b) [If] if the board orders the release of an offender on parole and there is an unpaid
1036 
balance on the offender's criminal accounts receivable, the board may modify the
1037 
payment schedule entered by the court for the offender's criminal accounts receivable
1038 
in accordance with Section 77-32b-105[.] ;
1039 
[(3)] (c)[(a)] (i) [If] if the sentencing court has not entered an order of restitution for an
1040 
offender who is under the jurisdiction of the board, the board shall refer the
1041 
offender's case to the sentencing court, within the time periods described in
1042 
Section 77-38b-205, to enter an order for restitution for the offender in accordance
1043 
with Section 77-38b-205[.] ; and
1044 
[(b)] (ii) [If] if the sentencing court has not entered an order to establish a criminal
1045 
accounts receivable for an offender who is under the jurisdiction of the board, the
1046 
board shall refer the offender's case to the sentencing court, within the time
1047 
periods described in Section 77-38b-205, to enter an order to establish a criminal
1048 
accounts receivable for the offender in accordance with Section 77-32b-103[.] ; and
- 31 - 4th Sub. (Green) H.B. 562	03-05 16:53
1049 
[(4)] (d)[(a)] (i) [If] if there is a challenge to an offender's criminal accounts receivable,
1050 
the board shall refer the offender's case to the sentencing court, within the time
1051 
periods described in Section 77-38b-205, to resolve the challenge to the criminal
1052 
accounts receivable[.] ; and
1053 
[(b)] (ii) [If] if a sentencing court modifies a criminal accounts receivable after the
1054 
offender is committed to prison, the sentencing court shall provide notice to the
1055 
board of the modification.
1056 
(2) For an offender sentenced before July 1, 2021:
1057 
(a) the board may impose any court order for restitution;
1058 
(b) the board may order that a defendant make restitution for pecuniary damages that
1059 
were not determined by the court, unless the board determines that restitution is
1060 
inappropriate based upon application of the following criteria:
1061 
(i) if the offense resulted in damage to or loss or destruction of property of a victim of
1062 
the offense, the cost of the damage or loss;
1063 
(ii) the cost of necessary medical and related professional services and devices
1064 
relating to physical or mental health care, including nonmedical care and
1065 
treatment rendered in accordance with a method of healing recognized by the law
1066 
of the place of treatment;
1067 
(iii) the cost of necessary physical and occupational therapy and rehabilitation;
1068 
(iv) the income lost by the victim as a result of the offense;
1069 
(v) the individual victim's reasonable determinable wages lost due to theft of or
1070 
damage to tools or equipment items of a trade that were owned by the victim and
1071 
were essential to the victim's current employment at the time of the offense;
1072 
(vi) the cost of necessary funeral and related services if the offense resulted in the
1073 
death of a victim; and
1074 
(vii) expenses incurred by a victim in implementing reasonable security measures in
1075 
response to the offense;
1076 
(c) except as provided in Subsection (2)(d), the board shall make all orders of restitution
1077 
within 60 days after the termination or expiration of the defendant's sentence;
1078 
(d) if, upon termination or expiration of a defendant's sentence, the board has continuing
1079 
jurisdiction over the defendant for a separate criminal offense, the board may defer
1080 
making an order of restitution until 60 days after termination or expiration of all
1081 
sentences for that defendant;
1082 
(e) if, upon termination or expiration of a defendant's sentence, the defendant owes
- 32 - 03-05 16:53	4th Sub. (Green) H.B. 562
1083 
outstanding fines, restitution, or other assessed costs, or if the board makes an order
1084 
of restitution within 60 days after the termination or expiration of the defendant's
1085 
sentence:
1086 
(i) the matter shall be referred to the district court for civil collection remedies;
1087 
(ii) the Board of Pardons and Parole shall forward a restitution order to the
1088 
sentencing court to be entered on the judgment docket as a civil judgment of
1089 
restitution; and
1090 
(iii) the judgment docket entry shall constitute a lien and is subject to the same rules
1091 
as a judgment for money in a civil judgment; and
1092 
(f) if the board makes an order of restitution within 60 days after termination or
1093 
expiration of the defendants sentence, a defendant shall have 90 days after the board
1094 
makes the order to file a petition for remittance in accordance with Section
1095 
77-32b-106;
1096 
(i) if a defendant timely files a petition for remittance, the board shall forward any
1097 
unpaid amount of the restitution to the trial court to be entered on the judgment
1098 
docket as a civil judgment of restitution within 30 days of resolving the
1099 
defendants petition; and
1100 
(ii) if the defendant does not timely file a petition for remittance, the board shall
1101 
forward the unpaid amount of restitution to the trial court to be entered on the
1102 
judgment docket as a civil judgment of restitution within 30 days of the expiration
1103 
of the time for the defendant to file the petition.
1104 
[(5)] (3) The board may enter an order to recover any cost or fee incurred by the department,
1105 
or the state or any other agency, arising out of the offender's needs or conduct.
1106 
Section 12.  Section 77-32b-103 is amended to read:
1107 
77-32b-103 . Establishment of a criminal accounts receivable -- Responsibility --
1108 
Payment schedule -- Delinquency or default.
1109 
(1)(a) Except as provided in Subsection (1)(b) and (c), at the time of sentencing or
1110 
acceptance of a plea in abeyance, the court shall enter an order to establish a criminal
1111 
accounts receivable for the defendant.
1112 
(b) The court is not required to create a criminal accounts receivable for the defendant
1113 
under Subsection (1)(a) if the court finds that the defendant does not owe restitution
1114 
and there are no other fines or fees to be assessed against the defendant.
1115 
(c) If the court does not create a criminal accounts receivable for a defendant under
1116 
Subsection (1)(a), the court shall enter an order to establish a criminal accounts
- 33 - 4th Sub. (Green) H.B. 562	03-05 16:53
1117 
receivable for the defendant at the time the court enters an order for restitution under
1118 
Section 77-38b-205.
1119 
(2) [After] Except as provided in Subsection (7), after establishing a criminal accounts
1120 
receivable for a defendant, the court shall:
1121 
(a) if a prison sentence is imposed and not suspended for the defendant:
1122 
(i) accept any payment for the criminal accounts receivable that is tendered on the
1123 
date of sentencing; and
1124 
(ii) transfer the responsibility of receiving, distributing, and processing payments for
1125 
the criminal accounts receivable to the Office of State Debt Collection; and
1126 
(b) for all other cases:
1127 
(i) retain the responsibility for receiving, processing, and distributing payments for
1128 
the criminal accounts receivable until the court enters a civil accounts receivable
1129 
or civil judgment of restitution on the civil judgment docket under Subsection
1130 
77-18-114(1) or (2); and
1131 
(ii) record each payment by the defendant on the case docket.
1132 
(c) For a criminal accounts receivable that a court retains responsibility for receiving,
1133 
processing, and distributing payments under Subsection (2)(b)(i), the Judicial Council
1134 
may establish rules to require a defendant to pay the cost, or a portion of the cost, for
1135 
an electronic payment fee that is charged by a financial institution for the use of a
1136 
credit or debit card to make payments towards the criminal accounts receivable.
1137 
(3)(a) Upon entering an order for a criminal accounts receivable, the court shall establish
1138 
a payment schedule for the defendant to make payments towards the criminal
1139 
accounts receivable.
1140 
(b) In establishing the payment schedule for the defendant, the court shall consider:
1141 
(i) the needs of the victim if the criminal accounts receivable includes an order for
1142 
restitution under Section 77-38b-205;
1143 
(ii) the financial resources of the defendant, as disclosed in the financial declaration
1144 
under Section 77-38b-204 or in evidence obtained by subpoena under Subsection
1145 
77-38b-402(1)(b);
1146 
(iii) the burden that the payment schedule will impose on the defendant regarding the
1147 
other reasonable obligations of the defendant;
1148 
(iv) the ability of the defendant to pay restitution on an installment basis or on other
1149 
conditions fixed by the court;
1150 
(v) the rehabilitative effect on the defendant of the payment of restitution and method
- 34 - 03-05 16:53	4th Sub. (Green) H.B. 562
1151 
of payment; and
1152 
(vi) any other circumstance that the court determines is relevant.
1153 
(c) If the court is unable to determine the appropriate amount for the payment schedule
1154 
or does not set an amount for the payment schedule, the defendant is required to pay
1155 
$50 per month toward the criminal accounts receivable.
1156 
(4) A payment schedule for a criminal accounts receivable does not limit the ability of a
1157 
judgment creditor to pursue collection by any means allowable by law.
1158 
(5) If the court orders restitution under Section 77-38b-205, or makes another financial
1159 
decision, after sentencing that increases the total amount owed in a defendant's case, the
1160 
defendant's criminal accounts receivable balance shall be adjusted to include any new
1161 
amount ordered by the court.
1162 
(6)(a) If a defendant is incarcerated in a county jail or a secure correctional facility, as
1163 
defined in Section 64-13-1, or the defendant is involuntarily committed under Section
1164 
26B-5-332:
1165 
(i) all payments for a payment schedule shall be suspended for the period of time that
1166 
the defendant is incarcerated or involuntarily committed, unless the court, or the
1167 
board if the defendant is under the jurisdiction of the board, expressly orders the
1168 
defendant to make payments according to the payment schedule; and
1169 
(ii) the defendant shall provide the court with notice of the incarceration or
1170 
involuntary commitment.
1171 
(b) A suspension under Subsection (6)(a) shall remain in place for 60 days after the day
1172 
in which the defendant is released from incarceration or commitment.
1173 
(7)(a) If the defendant owes restitution to the Department of Workforce Services or
1174 
Department of Health and Human Services, the court may order that all or a portion
1175 
of criminal accounts receivable be paid directly to the governmental agency or entity.
1176 
(b) If the authority to collect all or a portion of the criminal accounts receivable is given
1177 
to a governmental agency or entity under this Subsection (7), the governmental
1178 
agency or entity shall maintain an accounting of all payments made or credits toward
1179 
reduction of the balance of the criminal accounts receivable.
1180 
(c) The governmental entity or agency shall provide a copy of the accounting upon filing
1181 
an order to show cause in the criminal case to the court or upon request to the court,
1182 
Board of Pardons and Parole, Department of Corrections, private probation provider,
1183 
prosecutor, defendant, or other victim.
1184 
Section 13.  Section 77-38b-202 is amended to read:
- 35 - 4th Sub. (Green) H.B. 562	03-05 16:53
1185 
77-38b-202 . Prosecuting attorney responsibility for collecting restitution
1186 
information -- Depositing restitution on behalf of victim.
1187 
(1) If a prosecuting attorney files a criminal charge against a defendant, the prosecuting
1188 
attorney shall:
1189 
(a) contact any known victim of the offense for which the criminal charge is filed, or
1190 
person asserting a claim for restitution on behalf of the victim; and
1191 
(b) gather the following information from the victim or person:
1192 
(i) the name of the victim or person; and
1193 
(ii) the actual or estimated amount of restitution.
1194 
(2)(a) When a conviction, a diversion agreement, or a plea in abeyance is entered by the
1195 
court, the prosecuting attorney shall provide the court with the information gathered
1196 
by the prosecuting attorney under Subsection (1)(b).
1197 
(b) If, at the time of the plea disposition or conviction, the prosecuting attorney does not
1198 
have all the information under Subsection (1)(b), the prosecuting attorney shall
1199 
provide the defendant with:
1200 
(i) at the time of plea disposition or conviction, all information under Subsection
1201 
(1)(b) that is reasonably available to the prosecuting attorney; and
1202 
(ii) any information under Subsection (1)(b) as the information becomes available to
1203 
the prosecuting attorney.
1204 
(c) Nothing in this section shall be construed to prevent a prosecuting attorney, a victim,
1205 
or a person asserting a claim for restitution on behalf of a victim from:
1206 
(i) submitting information on, or a request for, restitution to the court within the time
1207 
periods described in Section 77-38b-205; or
1208 
(ii) submitting information on, or a request for, restitution for additional or
1209 
substituted victims within the time periods described in Section 77-38b-205.
1210 
(3)(a) The prosecuting attorney may be authorized by the sentencing court or appropriate
1211 
public treasurer to deposit restitution collected on behalf of a victim into an
1212 
interest-bearing account in accordance with Title 51, Chapter 7, State Money
1213 
Management Act, pending the distribution of the funds to the victim.
1214 
(b) If restitution is deposited into an interest-bearing account under Subsection (3)(a),
1215 
the prosecuting attorney shall:
1216 
(i) distribute any interest that accrues in the account to each victim on a pro rata
1217 
basis; and
1218 
(ii) if all victims have been made whole and funds remain in the account, distribute
- 36 - 03-05 16:53	4th Sub. (Green) H.B. 562
1219 
any remaining funds to the Division of Finance, created in Section 63A-3-101, to
1220 
deposit to the Utah Office for Victims of Crime.
1221 
(c) Nothing in this section prevents an independent judicial authority from collecting,
1222 
holding, and distributing restitution.
1223 
Section 14.  Section 77-38b-301 is amended to read:
1224 
77-38b-301 . Entry of a civil judgment of restitution and civil accounts receivable
1225 
-- Continuation of the criminal action -- Interest -- Delinquency.
1226 
(1) As used in this section, "civil judgment" means an order for:
1227 
(a) a civil judgment of restitution; or
1228 
(b) a civil accounts receivable.
1229 
(2) If the court has entered a civil judgment on the civil judgment docket under Section
1230 
77-18-114, the civil judgment is enforceable under the Utah Rules of Civil Procedure.
1231 
(3)(a) Notwithstanding Sections 77-18-114, 78B-2-311, and 78B-5-202, a civil judgment
1232 
shall expire only upon payment in full, including any applicable interest, collection
1233 
fees, attorney fees, and liens that directly result from the civil judgment.
1234 
(b) Interest on a civil judgment may only accrue from the day on which the civil
1235 
judgment is entered on the civil judgment docket by the court.
1236 
(c) This Subsection (3) applies to all civil judgments that are not paid in full on or before
1237 
May 12, 2009.
1238 
(4) A civil judgment is considered entered on the civil judgment docket when the civil
1239 
judgment appears on the [civil judgment] court docket with:
1240 
(a) an amount owed by the defendant;
1241 
(b) the name of the defendant as the judgment debtor; and
1242 
(c) the name of the judgment creditors described in Subsections 77-18-114(1)(b)(iii) and
1243 
(2)(b).
1244 
(5) If a civil judgment becomes delinquent, or is in default, and upon a motion from a
1245 
judgment creditor, the court may order the defendant to appear and show cause why the
1246 
defendant should not be held in contempt under Section 78B-6-317 for the delinquency
1247 
or the default.
1248 
(6) Notwithstanding any other provision of law:
1249 
(a) a civil judgment is an obligation that arises out of a defendant's criminal case;
1250 
(b) a civil judgment is criminal in nature;
1251 
(c) the civil enforcement of a civil judgment shall be construed as a continuation of the
1252 
criminal action for which the civil judgment arises; and
- 37 - 4th Sub. (Green) H.B. 562	03-05 16:53
1253 
(d) the civil enforcement of a civil judgment does not divest a defendant of an obligation
1254 
imposed as part of the defendant's punishment in a criminal action.
1255 
Section 15.  Section 78A-2-214 is amended to read:
1256 
78A-2-214 . Collection of accounts receivable.
1257 
[(1)] As used in this section:
1258 
(1)(a) "Accounts receivable" means any amount due the state from an entity for which
1259 
payment has not been received by the state agency that is servicing the debt.
1260 
(b) "Accounts receivable" includes unpaid fees, licenses, taxes, loans, overpayments,
1261 
fines, forfeitures, surcharges, costs, contracts, interest, penalties, restitution to
1262 
victims, third party claims, sale of goods, sale of services, claims, and damages.
1263 
(2) If a defendant is sentenced before July 1, 2021, and the Department of Corrections, or
1264 
the Office of State Debt Collection, is not responsible for collecting an accounts
1265 
receivable for the defendant, the district court shall collect the accounts receivable for
1266 
the defendant.
1267 
(3)(a) In the juvenile court, money collected by the court from past-due accounts
1268 
receivable may be used to offset system, administrative, legal, and other costs of
1269 
collection.
1270 
(b) The juvenile court shall allocate money collected above the cost of collection on a
1271 
pro rata basis to the various revenue types that generated the accounts receivable.
1272 
(4) The interest charge described in Subsection [63A-3-502(4)(g)(iii)] 
1273 
63A-3-502(4)(g)(iii)(B) may not be assessed on an account receivable that is subject to
1274 
the postjudgment interest rate established by Section 15-1-4.
1275 
Section 16.  Section 80-6-507 is amended to read:
1276 
80-6-507 . Commitment of a minor by a district court.
1277 
(1)(a) If the district court determines that probation is not appropriate and commitment
1278 
to prison is an appropriate sentence when sentencing a minor:
1279 
(i) the district court shall order the minor committed to prison; and
1280 
(ii) the minor shall be provisionally housed in a secure care facility  until the minor
1281 
reaches 25 years old, unless released earlier from incarceration by the Board of
1282 
Pardons and Parole.
1283 
(b) Subsection (1) applies to any minor being provisionally housed in a secure care
1284 
facility as described in Subsection (1)(a) on or after May 4, 2022.
1285 
(c) The district court shall, as a part of sentencing, order the minor to make restitution in
1286 
accordance with Title 77, Chapter 38b, Crime Victims Restitution Act.
- 38 - 03-05 16:53	4th Sub. (Green) H.B. 562
1287 
(2)(a) The division shall adopt procedures by rule, in accordance with Title 63G,
1288 
Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor
1289 
provisionally housed in a secure care facility  under Subsection (1) to the physical
1290 
custody of the Department of Corrections.
1291 
(b) If, in accordance with the rules adopted under Subsection (2)(a), the division
1292 
determines that housing the minor in a secure care facility  presents an unreasonable
1293 
risk to others or that it is not in the best interest of the minor, the division shall
1294 
transfer the physical custody of the minor to the Department of Corrections.
1295 
(3)(a) When a minor is committed to prison but provisionally housed in a secure care
1296 
facility  under this section, the district court and the division shall immediately notify
1297 
the Board of Pardons and Parole so that the minor may be scheduled for a hearing
1298 
according to board procedures.
1299 
(b) If a minor who is provisionally housed in a secure care facility  under this section has
1300 
not been paroled or otherwise released from incarceration by the time the minor
1301 
reaches 25 years old, the division shall as soon as reasonably possible, but not later
1302 
than when the minor reaches 25 years and 6 months old, transfer the minor to the
1303 
physical custody of the Department of Corrections.
1304 
(4) Upon the commitment of a minor to the custody of the division or the Department of
1305 
Corrections under this section, the Board of Pardons and Parole has authority over the
1306 
minor for purposes of parole, pardon, commutation, termination of sentence, remission
1307 
of restitution, fines or forfeitures, [orders of restitution, ]and all other purposes
1308 
authorized by law.
1309 
(5) The authority  shall:
1310 
(a) hold hearings, receive reports, or otherwise keep informed of the progress of a minor
1311 
in the custody of the division under this section; and
1312 
(b) forward to the Board of Pardons and Parole any information or recommendations
1313 
concerning the minor.
1314 
(6) Commitment of a minor under this section is a prison commitment for all sentencing
1315 
purposes.
1316 
Section 17.  Effective Date.
1317 
This bill takes effect on May 7, 2025.
1318 
Section 18.  Coordinating H.B. 562 with H.B. 312
1319 
If H.B. 562, Law Enforcement and Criminal Justice Amendments, and H.B. 312,
1320 
Criminal Justice Amendments, both pass and become law, the Legislature intends that, on
- 39 - 4th Sub. (Green) H.B. 562	03-05 16:53
1321 
September 1, 2025, the changes to Section 17-22-5.6 in H.B. 562 supersede the changes to
1322 
Section 17-22-5.6 in H.B. 312.
- 40 -