Utah 2025 Regular Session

Utah House Bill HB0562 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 562
	1	+	03-05 16:53 4th Sub. (Green) H.B. 562
	2	+	Karianne Lisonbee proposes the following substitute bill:
2	3		1
3	4		Law Enforcement and Criminal Justice Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Karianne Lisonbee
7	8		Senate Sponsor: Todd Weiler
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill modifies provisions related to law enforcement and criminal justice.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ requires that counties offering probation services adopt certain probation standards and
22	23		9
23	24		practices;
24	25		10
25	26		▸ modifies definitions;
26	27		11
27	28		▸ provides that the Office of State Debt Collection has the authority to collect civil accounts
28	29		12
29	30		receivable or a civil judgment of restitution and interest thereon;
30	31		13
31	32		▸ provides that administrative garnishments also apply to a debtor's property or wages that
32	33		14
33	34		are under control of a third party;
34	35		15
35	36		▸ requires the Office of State Debt Collection to provide an accounting of the unpaid
36	37		16
37	38		balance of a defendant's criminal accounts receivable at the time of termination of the
38	39		17
39	40		defendant's sentence;
40	41		18
41	42		▸ provides repayment procedures for any unpaid balance of a defendant's criminal accounts
42	43		19
43	44		receivable upon termination of a sentence;
44	45		20
45	46		▸ provides circumstances that constitute a material change in circumstances;
46	47		21
47	48		▸ adds requirements for temporary pretrial status orders of detention;
48	49		22
49	50		▸ modifies provisions relating to factors for pretrial release requirements;
50	51		23
51	52		▸ provides that a request for a pretrial release at an initial appearance does not constitute a
52	53		24
53	54		pretrial detention hearing;
54	55		25
55	56		▸ requires a court to make findings of fact when making a determination regarding pretrial
56	57		26
57	58		release;
58	59		27
59		-	▸ adds a financial condition schedule to aid a court in determining the amount of a fixed ~~H.B. 562 Enrolled Copy~~
	60	+	▸ adds a financial condition schedule to aid a court in determining the amount of a fixed
60	61		28
61	62		financial condition;
	63	+	4th Sub. H.B. 562 4th Sub. (Green) H.B. 562 03-05 16:53
62	64		29
63	65		▸ requires a judge to take certain actions if the judge is unable to hold a pretrial detention
64	66		30
65	67		hearing before a certain deadline;
66	68		31
67	69		▸ provides for required procedures when a no bail hold is requested;
68	70		32
69	71		▸ provides that certain Board of Pardons and Parole decisions on restitution are final and
70	72		33
71	73		not subject to judicial review;
72	74		34
73	75		▸ codifies order of restitution procedures that apply to certain offenders sentenced before
74	76		35
75	77		July 1, 2021;
76	78		36
77	79		▸ provides procedures for the accounting and payment of restitution owed to various state
78	80		37
79	81		governmental entities;
80	82		38
81	83		▸ permits a sentencing court to authorize the deposit of funds in certain interest-bearing
82	84		39
83	85		accounts when distribution to a victim is pending;
84	86		40
85	87		▸ permits the Board of Pardons and Parole to order recovery of fees incurred on behalf of a
86	88		41
87	89		sentenced offender in addition to the existing ability to recover costs;
88	90		42
89	91		▸ makes coordinating modifications related to docket entry and interest assessments;
90	92		43
91	93		▸ permits a court to set restitution for a juvenile sentenced to prison;
92	94		44
93		-	▸ includes a coordination clause that requires changes to a section of this bill ~~to supersede~~
	95	+	▸ includes a coordination clause that requires changes to a section of this bill supersede the
94	96		45
95		-	~~the~~ changes to that section in H.B. 312, Criminal Justice Amendments; and
	97	+	changes to that section in H.B. 312, Criminal Justice Amendments; and
96	98		46
97	99		▸ makes technical and grammatical changes.
98	100		47
99	101		Money Appropriated in this Bill:
100	102		48
101	103		None
102	104		49
103	105		Other Special Clauses:
104	106		50
105	107		This bill provides a coordination clause.
106	108		51
107	109		Utah Code Sections Affected:
108	110		52
109	111		AMENDS:
110	112		53
111	113		17-22-5.6, as enacted by Laws of Utah 2024, Chapter 16
112	114		54
113	115		63A-3-502, as last amended by Laws of Utah 2024, Chapter 398
114	116		55
115	117		63A-3-507, as last amended by Laws of Utah 2024, Chapter 158
116	118		56
117	119		77-18-114, as last amended by Laws of Utah 2024, Chapter 330
118	120		57
119	121		77-20-102, as last amended by Laws of Utah 2023, Chapter 408
120	122		58
121	123		77-20-205, as last amended by Laws of Utah 2024, Chapters 187, 434
122	124		59
123	125		77-20-206, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
124	126		60
125	127		77-20-207, as last amended by Laws of Utah 2023, Chapter 408
126	128		61
127	129		77-27-5, as last amended by Laws of Utah 2024, Chapters 145, 187 and 208
128		-	- 2 - Enrolled Copy H.B. 562
129	130		62
130	131		77-27-6.1, as last amended by Laws of Utah 2024, Chapter 330
	132	+	- 2 - 03-05 16:53 4th Sub. (Green) H.B. 562
131	133		63
132	134		77-32b-103, as last amended by Laws of Utah 2024, Chapter 389
133	135		64
134	136		77-38b-202, as last amended by Laws of Utah 2024, Chapter 330
135	137		65
136	138		77-38b-301, as last amended by Laws of Utah 2023, Chapter 113
137	139		66
138	140		78A-2-214, as last amended by Laws of Utah 2024, Chapter 398
139	141		67
140	142		80-6-507, as last amended by Laws of Utah 2022, Chapter 135
141	143		68
142	144		ENACTS:
143	145		69
144	146		77-20-205.5, Utah Code Annotated 1953
145	147		70
146	148		Utah Code Sections affected by Coordination Clause:
147	149		71
148	150
149	151		72
150	152		Be it enacted by the Legislature of the state of Utah:
151	153		73
152	154		Section 1. Section 17-22-5.6 is amended to read:
153	155		74
154	156		17-22-5.6 . Probation supervision -- Violation of probation -- Detention --
155	157		75
156	158		Hearing.
157	159		76
158	160		(1) As used in this section:
159	161		77
160	162		(a) "Probationer" means an individual on probation under the supervision of the county
161	163		78
162	164		sheriff.
163	165		79
164	166		(b)(i) "Qualifying domestic violence offense" means the same as that term is defined
165	167		80
166	168		in Subsection 77-36-1.1(4).
167	169		81
168	170		(ii) "Qualifying domestic violence offense" does not include criminal mischief as
169	171		82
170	172		described in Section 76-6-106.
171	173		83
172	174		(c) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
173	175		84
174	176		(2) In a county that offers probation services, the county sheriff shall adopt probation
175	177		85
176	178		standards and practices that are established by the Utah Sheriffs' Association.
177	179		86
178	180		[(2)] (3) A county sheriff shall ensure that the court is notified of violations of the terms and
179	181		87
180	182		conditions of a probationer's probation when the county sheriff determines that:
181	183		88
182	184		(a) incarceration is recommended as a sanction;
183	185		89
184	186		(b) a graduated and evidence-based response is not an appropriate response to the
185	187		90
186	188		offender's violation and recommends revocation of probation; or
187	189		91
188	190		(c) there is probable cause that the conduct that led to a violation of probation is:
189	191		92
190	192		(i) a violent felony; or
191	193		93
192	194		(ii) a qualifying domestic violence offense.
193	195		94
194	196		[(3)] (4) A county sheriff may take custody of, and detain, a probationer for a maximum of
195	197		95
196	198		72 hours, excluding weekends and holidays, if there is probable cause to believe that the
197		-	- 3 - H.B. 562 Enrolled Copy
198	199		96
199	200		probationer has committed a violation of probation.
	201	+	- 3 - 4th Sub. (Green) H.B. 562 03-05 16:53
200	202		97
201	203		[(4)] (5) A county sheriff may not detain a probationer or parolee for longer than 72 hours
202	204		98
203	205		without obtaining a warrant issued by the court.
204	206		99
205	207		[(5)] (6) If the county sheriff detains a probationer under Subsection [(3)] (4), the county
206	208		100
207	209		sheriff shall ensure the proper court is notified.
208	210		101
209	211		[(6)] (7) A written order from the county sheriff is sufficient authorization for a peace
210	212		102
211	213		officer to incarcerate a probationer if the county sheriff has determined that there is
212	214		103
213	215		probable cause to believe that the probationer has violated the conditions of probation.
214	216		104
215	217		[(7)] (8) If a probationer commits a violation outside of the jurisdiction of the county sheriff
216	218		105
217	219		supervising the probationer, the arresting law enforcement agency is not required to hold
218	220		106
219	221		or transport the probationer to the county sheriff.
220	222		107
221	223		[(8)] (9) This section does not require the county sheriff to release a probationer who is
222	224		108
223	225		being held for something other than a probation violation, including a warrant issued for
224	226		109
225	227		new criminal conduct or a new conviction where the individual is sentenced to
226	228		110
227	229		incarceration.
228	230		111
229	231		Section 2. Section 63A-3-502 is amended to read:
230	232		112
231	233		63A-3-502 . Office of State Debt Collection created -- Duties.
232	234		113
233	235		(1) The state and each state agency shall comply with:
234	236		114
235	237		(a) the requirements of this chapter; and
236	238		115
237	239		(b) any rules established by the Office of State Debt Collection.
238	240		116
239	241		(2) There is created the Office of State Debt Collection in the Division of Finance.
240	242		117
241	243		(3) The office shall:
242	244		118
243	245		(a) have overall responsibility for collecting and managing state receivables;
244	246		119
245	247		(b) assist the Division of Finance to develop consistent policies governing the collection
246	248		120
247	249		and management of state receivables;
248	250		121
249	251		(c) oversee and monitor state receivables to ensure that state agencies are:
250	252		122
251	253		(i) implementing all appropriate collection methods;
252	254		123
253	255		(ii) following established receivables guidelines; and
254	256		124
255	257		(iii) accounting for and reporting receivables in the appropriate manner;
256	258		125
257	259		(d) assist the Division of Finance to develop policies, procedures, and guidelines for
258	260		126
259	261		accounting, reporting, and collecting money owed to the state;
260	262		127
261	263		(e) provide information, training, and technical assistance to each state agency on
262	264		128
263	265		various collection-related topics;
264	266		129
265	267		(f) write an inclusive receivables management and collection manual for use by each
266		-	- 4 - Enrolled Copy H.B. 562
267	268		130
268	269		state agency;
	270	+	- 4 - 03-05 16:53 4th Sub. (Green) H.B. 562
269	271		131
270	272		(g) prepare quarterly and annual reports of the state's receivables;
271	273		132
272	274		(h) create or coordinate a state accounts receivable database;
273	275		133
274	276		(i) develop reasonable criteria to gauge state agencies' efforts in maintaining an effective
275	277		134
276	278		accounts receivable program;
277	279		135
278	280		(j) identify any state agency that is not making satisfactory progress toward
279	281		136
280	282		implementing collection techniques and improving accounts receivable collections;
281	283		137
282	284		(k) coordinate information, systems, and procedures between each state agency to
283	285		138
284	286		maximize the collection of past-due accounts receivable;
285	287		139
286	288		(l) establish an automated cash receipt process between each state agency;
287	289		140
288	290		(m) assist the Division of Finance to establish procedures for writing off accounts
289	291		141
290	292		receivable for accounting and collection purposes;
291	293		142
292	294		(n) establish standard time limits after which an agency will delegate responsibility to
293	295		143
294	296		collect state receivables to the office or the office's designee;
295	297		144
296	298		(o) be a real party in interest for:
297	299		145
298	300		(i) an account receivable referred to the office by any state agency; and
299	301		146
300	302		(ii) a civil judgment of restitution entered on a civil judgment docket by a court;
301	303		147
302	304		(p) allocate money collected for a judgment entered on the civil judgment docket under
303	305		148
304	306		Section 77-18-114 in accordance with Sections 51-9-402, 63A-3-506, and 78A-5-110;
305	307		149
306	308		(q) if a criminal accounts receivable is transferred to the office under Subsection
307	309		150
308	310		77-32b-103(2)(a)(ii), receive, process, and distribute payments for the criminal
309	311		151
310	312		accounts receivable;
311	313		152
312	314		(r) provide a debtor online access to the debtor's accounts receivable or criminal
313	315		153
314	316		accounts receivable in accordance with Section 63A-3-502.5;
315	317		154
316	318		(s) establish a written policy for each of the following:
317	319		155
318	320		(i) the settling of an accounts receivable, including any amount of restitution owed to
319	321		156
320	322		a victim in a civil judgment of restitution if the victim approves of the settlement;
321	323		157
322	324		(ii) allowing a debtor to pay off a single debt as part of an accounts receivable even if
323	325		158
324	326		the debtor has a balance on another debt as part of an accounts receivable or
325	327		159
326	328		criminal accounts receivable;
327	329		160
328	330		(iii) setting a payment deadline for settlement agreements and for obtaining an
329	331		161
330	332		extension of a settlement agreement deadline; and
331	333		162
332	334		(iv) reducing administrative costs when a settlement has been reached;
333	335		163
334	336		(t) consult with a state agency on whether:
335		-	- 5 - H.B. 562 Enrolled Copy
336	337		164
337	338		(i) the office may agree to a settlement for an amount that is less than the debtor's
	339	+	- 5 - 4th Sub. (Green) H.B. 562 03-05 16:53
338	340		165
339	341		principal amount; and
340	342		166
341	343		(ii) the state agency may retain authority to negotiate a settlement with a debtor; and
342	344		167
343	345		(u) provide the terms and conditions of any payment arrangement that the debtor has
344	346		168
345	347		made with a state agency or the office when:
346	348		169
347	349		(i) the payment arrangement is created; or
348	350		170
349	351		(ii) the debtor requests a copy of the terms and conditions.
350	352		171
351	353		(4) The office may:
352	354		172
353	355		(a) recommend to the Legislature new laws to enhance collection of past-due accounts
354	356		173
355	357		by state agencies;
356	358		174
357	359		(b) collect accounts receivables for higher education entities, if the higher education
358	360		175
359	361		entity agrees;
360	362		176
361	363		(c) prepare a request for proposal for consulting services to:
362	364		177
363	365		(i) analyze the state's receivable management and collection efforts; and
364	366		178
365	367		(ii) identify improvements needed to further enhance the state's effectiveness in
366	368		179
367	369		collecting the state's receivables;
368	370		180
369	371		(d) contract with private or state agencies to collect past-due accounts;
370	372		181
371	373		(e) perform other appropriate and cost-effective coordinating work directly related to
372	374		182
373	375		collection of state receivables;
374	376		183
375	377		(f) obtain access to records and databases of any state agency that are necessary to the
376	378		184
377	379		duties of the office by following the procedures and requirements of Section
378	380		185
379	381		63G-2-206, including the financial declaration form described in Section 77-38b-204;
380	382		186
381	383		(g) at rates authorized by the Legislature or set in statute, assess and collect the
382	384		187
383	385		following interest and fees:
384	386		188
385	387		(i) a fee to cover the administrative costs of collection on accounts administered by
386	388		189
387	389		the office;
388	390		190
389	391		(ii) a late penalty fee that may not be more than 10% of the account receivable on
390	392		191
391	393		accounts administered by the office;
392	394		192
393	395		(iii) an interest charge that is:
394	396		193
395	397		(A) the postjudgment interest rate established by Section 15-1-4 in judgments
396	398		194
397	399		established by the courts; or
398	400		195
399	401		(B) not more than 2% above the prime rate as of July 1 of each fiscal year for
400	402		196
401	403		accounts receivable for which no court judgment has been entered; and
402	404		197
403	405		(iv) fees to collect accounts receivable for higher education;
404		-	- 6 - Enrolled Copy H.B. 562
405	406		198
406	407		(h) collect reasonable attorney fees and reasonable costs of collection that are related to
	408	+	- 6 - 03-05 16:53 4th Sub. (Green) H.B. 562
407	409		199
408	410		the collection of receivables under this chapter;
409	411		200
410	412		(i) make rules that allow accounts receivable to be collected over a reasonable period of
411	413		201
412	414		time and under certain conditions with credit cards;
413	415		202
414	416		(j) for a case that is referred to the office or in which the office is a judgment creditor,
415	417		203
416	418		file a motion or other document related to the office or the accounts receivable in that
417	419		204
418	420		case, including a satisfaction of judgment, in accordance with the Utah Rules of Civil
419	421		205
420	422		Procedure;
421	423		206
422	424		(k) ensure that judgments for which the office is the judgment creditor are renewed, as
423	425		207
424	426		necessary;
425	427		208
426	428		(l) notwithstanding Section 63G-2-206, share records obtained under Subsection (4)(f)
427	429		209
428	430		with private sector vendors under contract with the state to assist state agencies in
429	431		210
430	432		collecting debts owed to the state agencies without changing the classification of any
431	433		211
432	434		private, controlled, or protected record into a public record;
433	435		212
434	436		(m) enter into written agreements with other governmental agencies to obtain and share
435	437		213
436	438		information for the purpose of collecting state accounts receivable; and
437	439		214
438	440		(n) collect accounts receivable for a political subdivision of the state if the political
439	441		215
440	442		subdivision enters into an agreement or contract with the office under Title 11,
441	443		216
442	444		Chapter 13, Interlocal Cooperation Act, for the office to collect the political
443	445		217
444	446		subdivision's accounts receivable.
445	447		218
446	448		(5) The office shall ensure that:
447	449		219
448	450		(a) a record obtained by the office or a private sector vendor under Subsection (4)(l):
449	451		220
450	452		(i) is used only for the limited purpose of collecting accounts receivable; and
451	453		221
452	454		(ii) is subject to federal, state, and local agency records restrictions; and
453	455		222
454	456		(b) any individual employed by, or formerly employed by, the office or a private sector
455	457		223
456	458		vendor as referred to in Subsection (4)(l) is subject to:
457	459		224
458	460		(i) the same duty of confidentiality with respect to the record imposed by law on
459	461		225
460	462		officers and employees of the state agency from which the record was obtained;
461	463		226
462	464		and
463	465		227
464	466		(ii) any civil or criminal penalties imposed by law for violations of lawful access to a
465	467		228
466	468		private, controlled, or protected record.
467	469		229
468	470		(6)(a) The office shall have authority to collect a civil accounts receivable or a civil
469	471		230
470	472		judgment of restitution ordered by a court as a result of prosecution for a criminal
471	473		231
472	474		offense that have been transferred to the office under Subsection 77-18-114(1) or (2).
473		-	- 7 - H.B. 562 Enrolled Copy
474	475		232
475	476		(b) The office may not assess:
	477	+	- 7 - 4th Sub. (Green) H.B. 562 03-05 16:53
476	478		233
477	479		(i) the interest charge established by the office under Subsection [(4) ] (4)(g)(iii)(B)
478	480		234
479	481		on an account receivable that is subject to the postjudgment interest rate
480	482		235
481	483		established by Section 15-1-4; and
482	484		236
483	485		(ii) an interest charge on [a] an amount from a criminal accounts receivable [that is
484	486		237
485	487		transferred to the office under Subsection 77-32b-103(2)(a)(ii)] until the amount is
486	488		238
487	489		entered on the civil judgment docket.
488	490		239
489	491		(7) The office shall require a state agency to:
490	492		240
491	493		(a) transfer collection responsibilities to the office or the office's designee according to
492	494		241
493	495		time limits established by the office;
494	496		242
495	497		(b) make annual progress towards implementing collection techniques and improved
496	498		243
497	499		accounts receivable collections;
498	500		244
499	501		(c) use the state's accounts receivable system or develop systems that are adequate to
500	502		245
501	503		properly account for and report the state's receivables;
502	504		246
503	505		(d) develop and implement internal policies and procedures that comply with the
504	506		247
505	507		collections policies and guidelines established by the office;
506	508		248
507	509		(e) provide internal accounts receivable training to staff involved in the management and
508	510		249
509	511		collection of receivables as a supplement to statewide training;
510	512		250
511	513		(f) bill for and make initial collection efforts of the state agency's receivables up to the
512	514		251
513	515		time the accounts must be transferred; and
514	516		252
515	517		(g) submit quarterly receivable reports to the office that identify the age, collection
516	518		253
517	519		status, and funding source of each receivable.
518	520		254
519	521		(8) All interest, fees, and other amounts authorized to be collected by the office under
520	522		255
521	523		Subsection (4)(g):
522	524		256
523	525		(a) are penalties that may be charged by the office;
524	526		257
525	527		(b) do not require an order from a court for the office to assess or collect;
526	528		258
527	529		(c) are not compensation for actual pecuniary loss;
528	530		259
529	531		(d) for a civil accounts receivable:
530	532		260
531	533		(i) begin to accrue on the day on which the civil accounts receivable is entered on the
532	534		261
533	535		civil judgment docket under Subsection 77-18-114(1) or (2); and
534	536		262
535	537		(ii) may be collected as part of the civil accounts receivable;
536	538		263
537	539		(e) for a civil judgment of restitution:
538	540		264
539	541		(i) begin to accrue on the day on which the civil judgment of restitution is entered on
540	542		265
541	543		the civil judgment docket under Subsection 77-18-114(1); and
542		-	- 8 - Enrolled Copy H.B. 562
543	544		266
544	545		(ii) may be collected as part of the civil judgment of restitution;
	546	+	- 8 - 03-05 16:53 4th Sub. (Green) H.B. 562
545	547		267
546	548		(f) for all other accounts receivable:
547	549		268
548	550		(i) begin to accrue on the day on which the accounts receivable is transferred to the
549	551		269
550	552		office, even if there is no court order on the day on which the accounts receivable
551	553		270
552	554		is transferred; and
553	555		271
554	556		(ii) may be collected as part of the accounts receivable; and
555	557		272
556	558		(g) may be waived by:
557	559		273
558	560		(i) the office; or
559	561		274
560	562		(ii) if the interest, fee, or other amount is charged in error, the court.
561	563		275
562	564		Section 3. Section 63A-3-507 is amended to read:
563	565		276
564	566		63A-3-507 . Administrative garnishment order.
565	567		277
566	568		(1) Subject to Subsection (2), if a judgment is entered against a debtor, the office may issue
567	569		278
568	570		an administrative garnishment order against the debtor's personal property, including
569	571		279
570	572		wages, in the possession of or under the control of a party other than the debtor in the
571	573		280
572	574		same manner and with the same effect as if the order was a writ of garnishment issued
573	575		281
574	576		by a court with jurisdiction.
575	577		282
576	578		(2) The office may issue the administrative garnishment order if:
577	579		283
578	580		(a) the order is signed by the director or the director's designee; and
579	581		284
580	582		(b) the underlying debt is for:
581	583		285
582	584		(i) nonpayment of a civil accounts receivable or a civil judgment of restitution; or
583	585		286
584	586		(ii) nonpayment of a judgment, or abstract of judgment or award filed with a court,
585	587		287
586	588		based on an administrative order for payment issued by an agency of the state.
587	589		288
588	590		(3) An administrative garnishment order issued in accordance with this section is subject to
589	591		289
590	592		the procedures and due process protections provided by Rule 64D, Utah Rules of Civil
591	593		290
592	594		Procedure, except as provided by Section 70C-7-103.
593	595		291
594	596		(4) An administrative garnishment order issued by the office shall:
595	597		292
596	598		(a) contain a statement that includes:
597	599		293
598	600		(i) if known:
599	601		294
600	602		(A) the nature, location, account number, and estimated value of the property; and
601	603		295
602	604		(B) the name, address, and phone number of the person holding the property;
603	605		296
604	606		(ii) whether any of the property consists of earnings;
605	607		297
606	608		(iii) the amount of the judgment and the amount due on the judgment; and
607	609		298
608	610		(iv) the name, address, and phone number of any person known to the plaintiff to
609	611		299
610	612		claim an interest in the property;
611		-	- 9 - H.B. 562 Enrolled Copy
612	613		300
613	614		(b) identify the defendant, including the defendant's name and last known address;
	615	+	- 9 - 4th Sub. (Green) H.B. 562 03-05 16:53
614	616		301
615	617		(c) notify the defendant of the defendant's right to reply to answers and request a hearing
616	618		302
617	619		as provided by Rule 64D, Utah Rules of Civil Procedure; and
618	620		303
619	621		(d) state where the garnishee may deliver property.
620	622		304
621	623		(5) The office may, in the office's discretion, include in an administrative garnishment order:
622	624		305
623	625		(a) the last four digits of the defendant's Social Security number;
624	626		306
625	627		(b) the last four digits of the defendant's driver license number;
626	628		307
627	629		(c) the state in which the defendant's driver license was issued;
628	630		308
629	631		(d) one or more interrogatories inquiring:
630	632		309
631	633		(i) whether the garnishee is indebted to the defendant and, if so, the nature of the
632	634		310
633	635		indebtedness;
634	636		311
635	637		(ii) whether the garnishee possesses or controls any property of the defendant and, if
636	638		312
637	639		so, the nature, location, and estimated value of the property;
638	640		313
639	641		(iii) whether the garnishee knows of any property of the defendant in the possession
640	642		314
641	643		or under the control of another and, if so:
642	644		315
643	645		(A) the nature, location, and estimated value of the property; and
644	646		316
645	647		(B) the name, address, and telephone number of the person who has possession or
646	648		317
647	649		control of the property;
648	650		318
649	651		(iv) whether the garnishee is deducting a liquidated amount in satisfaction of a claim
650	652		319
651	653		against the plaintiff or the defendant, whether the claim is against the plaintiff or
652	654		320
653	655		the defendant, and the amount deducted;
654	656		321
655	657		(v) the date and manner of the garnishee's service of papers upon the defendant and
656	658		322
657	659		any third party;
658	660		323
659	661		(vi) the dates on which any previously served writs of continuing garnishment were
660	662		324
661	663		served; and
662	664		325
663	665		(vii) any other relevant information, including the defendant's position, rate of pay,
664	666		326
665	667		method of compensation, pay period, and computation of the amount of the
666	668		327
667	669		defendant's disposable earnings.
668	670		328
669	671		(6)(a) A garnishee who acts in accordance with this section and the administrative
670	672		329
671	673		garnishment issued by the office is released from liability unless an answer to an
672	674		330
673	675		interrogatory is successfully controverted.
674	676		331
675	677		(b) Except as provided in Subsection (6)(c), if the garnishee fails to comply with an
676	678		332
677	679		administrative garnishment issued by the office without a court or final
678	680		333
679	681		administrative order directing otherwise, the garnishee is liable to the office for an
680		-	- 10 - Enrolled Copy H.B. 562
681	682		334
682	683		amount determined by the court.
	684	+	- 10 - 03-05 16:53 4th Sub. (Green) H.B. 562
683	685		335
684	686		(c) The amount for which a garnishee is liable under Subsection (6)(b) includes:
685	687		336
686	688		(i)(A) the value of the judgment; or
687	689		337
688	690		(B) the value of the property, if the garnishee shows that the value of the property
689	691		338
690	692		is less than the value of the judgment;
691	693		339
692	694		(ii) reasonable costs; and
693	695		340
694	696		(iii) attorney fees incurred by the parties as a result of the garnishee's failure.
695	697		341
696	698		(d) If the garnishee shows that the steps taken to secure the property were reasonable,
697	699		342
698	700		the court may excuse the garnishee's liability in whole or in part.
699	701		343
700	702		(7)(a) If the office has reason to believe that a garnishee has failed to comply with the
701	703		344
702	704		requirements of this section in the garnishee's response to a garnishment order issued
703	705		345
704	706		under this section, the office may submit a motion to the court requesting the court to
705	707		346
706	708		issue an order against the garnishee requiring the garnishee to appear and show cause
707	709		347
708	710		why the garnishee should not be held liable under this section.
709	711		348
710	712		(b) The office shall attach to a motion under Subsection (7)(a) a statement that the office
711	713		349
712	714		has in good faith conferred or attempted to confer with the garnishee in an effort to
713	715		350
714	716		settle the issue without court action.
715	717		351
716	718		(8) A person is not liable as a garnishee for drawing, accepting, making, or endorsing a
717	719		352
718	720		negotiable instrument if the instrument is not in the possession or control of the
719	721		353
720	722		garnishee at the time of service of the administrative garnishment order.
721	723		354
722	724		(9)(a) A person indebted to the defendant may pay to the office the amount of the debt
723	725		355
724	726		or an amount to satisfy the administrative garnishment.
725	727		356
726	728		(b) The office's receipt of an amount described in Subsection (9)(a) discharges the
727	729		357
728	730		debtor for the amount paid.
729	731		358
730	732		(10) A garnishee may deduct from the property any liquidated claim against the defendant.
731	733		359
732	734		(11)(a) If a debt to the garnishee is secured by property, the office:
733	735		360
734	736		(i) is not required to apply the property to the debt when the office issues the
735	737		361
736	738		administrative garnishment order; and
737	739		362
738	740		(ii) may obtain a court order authorizing the office to buy the debt and requiring the
739	741		363
740	742		garnishee to deliver the property.
741	743		364
742	744		(b) Notwithstanding Subsection (11)(a)(i):
743	745		365
744	746		(i) the administrative garnishment order remains in effect; and
745	747		366
746	748		(ii) the office may apply the property to the debt.
747	749		367
748	750		(c) The office or a third party may perform an obligation of the defendant and require
749		-	- 11 - H.B. 562 Enrolled Copy
750	751		368
751	752		the garnishee to deliver the property upon completion of performance or, if
	753	+	- 11 - 4th Sub. (Green) H.B. 562 03-05 16:53
752	754		369
753	755		performance is refused, upon tender of performance if:
754	756		370
755	757		(i) the obligation is secured by property; and
756	758		371
757	759		(ii)(A) the obligation does not require the personal performance of the defendant;
758	760		372
759	761		and
760	762		373
761	763		(B) a third party may perform the obligation.
762	764		374
763	765		(12)(a) The office may issue a continuing garnishment order against a nonexempt
764	766		375
765	767		periodic payment.
766	768		376
767	769		(b) This section is subject to the Utah Exemptions Act.
768	770		377
769	771		(c) A continuing garnishment order issued in accordance with this section applies to
770	772		378
771	773		payments to, or for the benefit of, the defendant from the date of service upon the
772	774		379
773	775		garnishee until the earliest of the following:
774	776		380
775	777		(i) the last periodic payment;
776	778		381
777	779		(ii) the judgment upon which the administrative garnishment order is issued is stayed,
778	780		382
779	781		vacated, or satisfied in full; or
780	782		383
781	783		(iii) the office releases the order.
782	784		384
783	785		(d) No later than seven days after the last day of each payment period, the garnishee
784	786		385
785	787		shall with respect to that period:
786	788		386
787	789		(i) answer each interrogatory;
788	790		387
789	791		(ii) serve an answer to each interrogatory on the office, the defendant, and any other
790	792		388
791	793		person who has a recorded interest in the property; and
792	794		389
793	795		(iii) deliver the property to the office.
794	796		390
795	797		(e) If the office issues a continuing garnishment order during the term of a writ of
796	798		391
797	799		continuing garnishment issued by a court, the order issued by the office:
798	800		392
799	801		(i) is tolled when a writ of garnishment or other income withholding is already in
800	802		393
801	803		effect and is withholding greater than or equal to the maximum portion of
802	804		394
803	805		disposable earnings described in Subsection (13);
804	806		395
805	807		(ii) is collected in the amount of the difference between the maximum portion of
806	808		396
807	809		disposable earnings described in Subsection (13) and the amount being garnished
808	810		397
809	811		by an existing writ of continuing garnishment if the maximum portion of
810	812		398
811	813		disposable earnings exceed the existing writ of garnishment or other income
812	814		399
813	815		withholding; and
814	816		400
815	817		(iii) shall take priority upon the termination of the current term of existing writs.
816	818		401
817	819		(13) The maximum portion of disposable earnings of an individual subject to seizure in
818		-	- 12 - Enrolled Copy H.B. 562
819	820		402
820	821		accordance with this section is the lesser of:
	822	+	- 12 - 03-05 16:53 4th Sub. (Green) H.B. 562
821	823		403
822	824		(a) 25% of the defendant's disposable earnings for any other judgment; or
823	825		404
824	826		(b) the amount by which the defendant's disposable earnings for a pay period exceeds
825	827		405
826	828		the number of weeks in that pay period multiplied by 30 times the federal minimum
827	829		406
828	830		wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
829	831		407
830	832		(14)(a) In accordance with the requirements of this Subsection (14), the office may, at its
831	833		408
832	834		discretion, determine a dollar amount that a garnishee is to withhold from earnings
833	835		409
834	836		and deliver to the office in a continuing administrative garnishment order issued
835	837		410
836	838		under this section.
837	839		411
838	840		(b) The office may determine the dollar amount that a garnishee is to withhold from
839	841		412
840	842		earnings under Subsection (14)(a) if the dollar amount determined by the office:
841	843		413
842	844		(i) does not exceed the maximum amount allowed under Subsection (13); and
843	845		414
844	846		(ii) is based on:
845	847		415
846	848		(A) earnings information received by the office directly from the Department of
847	849		416
848	850		Workforce Services; or
849	851		417
850	852		(B) previous garnishments issued to the garnishee by the office where payments
851	853		418
852	854		were received at a consistent dollar amount.
853	855		419
854	856		(c) The earnings information or previous garnishments relied on by the office under
855	857		420
856	858		Subsection (14)(b)(ii) to calculate a dollar amount under this Subsection (14) shall be:
857	859		421
858	860		(i) for one debtor;
859	861		422
860	862		(ii) from the same employer;
861	863		423
862	864		(iii) for two or more consecutive quarters; and
863	865		424
864	866		(iv) received within the last six months.
865	867		425
866	868		(15)(a) A garnishee who provides the calculation for withholdings on a defendant's
867	869		426
868	870		wages in the garnishee's initial response to an interrogatory in an administrative
869	871		427
870	872		garnishment order under this section is not required to provide the calculation for
871	873		428
872	874		withholdings after the garnishee's initial response if:
873	875		429
874	876		(i) the garnishee's accounting system automates the amount of defendant's wages to
875	877		430
876	878		be paid under the garnishment; and
877	879		431
878	880		(ii) the defendant's wages do not vary by more than five percent from the amount
879	881		432
880	882		disclosed in the garnishee's initial response.
881	883		433
882	884		(b) Notwithstanding Subsection (15)(a), upon request by the office or the defendant, a
883	885		434
884	886		garnishee shall provide, for the last pay period or other pay period specified by the
885	887		435
886	888		office or defendant, a calculation of the defendant's wages and withholdings and the
887		-	- 13 - H.B. 562 Enrolled Copy
888	889		436
889	890		amount garnished.
	891	+	- 13 - 4th Sub. (Green) H.B. 562 03-05 16:53
890	892		437
891	893		(16)(a) A garnishee under an administrative garnishment order under this section is
892	894		438
893	895		entitled to receive a garnishee fee, as provided in this Subsection (16), in the amount
894	896		439
895	897		of:
896	898		440
897	899		(i) $10 per garnishment order, for a noncontinuing garnishment order; and
898	900		441
899	901		(ii) $25, as a one-time fee, for a continuing garnishment order.
900	902		442
901	903		(b) A garnishee may deduct the amount of the garnishee fee from the amount to be
902	904		443
903	905		remitted to the office under the administrative garnishment order, if the amount to be
904	906		444
905	907		remitted exceeds the amount of the fee.
906	908		445
907	909		(c) If the amount to be remitted to the office under an administrative garnishment order
908	910		446
909	911		does not exceed the amount of the garnishee fee:
910	912		447
911	913		(i) the garnishee shall notify the office that the amount to be remitted does not exceed
912	914		448
913	915		the amount of the garnishee fee; and
914	916		449
915	917		(ii)(A) the garnishee under a noncontinuing garnishment order shall return the
916	918		450
917	919		administrative garnishment order to the office, and the office shall pay the
918	920		451
919	921		garnishee the garnishee fee; or
920	922		452
921	923		(B) the garnishee under a continuing garnishment order shall delay remitting to
922	924		453
923	925		the office until the amount to be remitted exceeds the garnishee fee.
924	926		454
925	927		(d) If, upon receiving the administrative garnishment order, the garnishee does not
926	928		455
927	929		possess or control any property, including money or wages, in which the defendant
928	930		456
929	931		has an interest:
930	932		457
931	933		(i) the garnishee under a continuing or noncontinuing garnishment order shall, except
932	934		458
933	935		as provided in Subsection (16)(d)(ii), return the administrative garnishment order
934	936		459
935	937		to the office, and the office shall pay the garnishee the applicable garnishee fee; or
936	938		460
937	939		(ii) if the garnishee under a continuing garnishment order believes that the garnishee
938	940		461
939	941		will, within 90 days after issuance of the continuing garnishment order, come into
940	942		462
941	943		possession or control of property in which the defendant owns an interest, the
942	944		463
943	945		garnishee may retain the garnishment order and deduct the garnishee fee for a
944	946		464
945	947		continuing garnishment once the amount to be remitted exceeds the garnishee fee.
946	948		465
947	949		(17) Section 78A-2-216 does not apply to an administrative garnishment order issued under
948	950		466
949	951		this section.
950	952		467
951	953		(18) An administrative garnishment instituted in accordance with this section shall continue
952	954		468
953	955		to operate and require that a person withhold the nonexempt portion of earnings at each
954	956		469
955	957		succeeding earning disbursement interval until the total amount due in the garnishment
956		-	- 14 - Enrolled Copy H.B. 562
957	958		470
958	959		is withheld or the garnishment is released in writing by the court or office.
	960	+	- 14 - 03-05 16:53 4th Sub. (Green) H.B. 562
959	961		471
960	962		(19) If the office issues an administrative garnishment order under this section to collect an
961	963		472
962	964		amount owed on a civil accounts receivable or a civil judgment of restitution, the
963	965		473
964	966		administrative garnishment order shall be construed as a continuation of the criminal
965	967		474
966	968		action for which the civil accounts receivable or civil judgment of restitution arises if the
967	969		475
968	970		amount owed is from a fine, fee, or restitution for the criminal action.
969	971		476
970	972		Section 4. Section 77-18-114 is amended to read:
971	973		477
972	974		77-18-114 . Unpaid balance at termination of sentence -- Transfer of collection
973	975		478
974	976		responsibility -- Past due account -- Notice -- Account or judgment paid in full -- Effect of
975	977		479
976	978		civil accounts receivable and civil judgment of restitution.
977	979		480
978	980		(1) When a defendant's sentence is terminated by law or by the decision of the court or the
979	981		481
980	982		board:
981	983		482
982	984		(a) the board shall provide notice to the Office of State Debt Collection, and the Office
983	985		483
984	986		of State Debt Collection shall provide an accounting of the unpaid balance of the
985	987		484
986	988		defendant's criminal accounts receivable to the court if the defendant was on parole
987	989		485
988	990		or incarcerated at the time of termination; and
989	991		486
990	992		(b) except as provided in Subsection (1)(b)(iv), Subsection 77-18-118(1)(g), and
991	993		487
992	994		Subsection 77-27-6.1(2)(f), within 90 days after the day on which a defendant's
993	995		488
994	996		sentence is terminated, the court shall:
995	997		489
996	998		(i) enter an order for a civil accounts receivable and a civil judgment of restitution for
997	999		490
998	1000		a defendant on the civil judgment docket;
999	1001		491
1000	1002		(ii) transfer the responsibility of collecting the civil accounts receivable and the civil
1001	1003		492
1002	1004		judgment of restitution to the Office of State Debt Collection;[ and]
1003	1005		493
1004	1006		(iii) identify in the order under this Subsection (1):
1005	1007		494
1006	1008		(A) the Office of State Debt Collection as a judgment creditor for the civil
1007	1009		495
1008	1010		accounts receivable and the civil judgment of restitution; and
1009	1011		496
1010	1012		(B) the victim as a judgment creditor for the civil judgment of restitution[.] ; and
1011	1013		497
1012	1014		(iv) if the restitution is owed to the Department of Workforce Services or the
1013	1015		498
1014	1016		Department of Health and Human Services, upon request by the prosecutor or
1015	1017		499
1016	1018		victim:
1017	1019		500
1018	1020		(A) enter an order for the civil accounts receivable and a civil judgment of
1019	1021		501
1020	1022		restitution for a defendant on the civil judgment docket;
1021	1023		502
1022	1024		(B) transfer the responsibility of collecting the civil judgment of restitution to each
1023	1025		503
1024	1026		entity described in this Subsection (1)(b)(iv) that is owed restitution, with the
1025		-	- 15 - H.B. 562 Enrolled Copy
1026	1027		504
1027	1028		balance owed to each entity assigned to each entity respectively if applicable;
	1029	+	- 15 - 4th Sub. (Green) H.B. 562 03-05 16:53
1028	1030		505
1029	1031		(C) identify each entity that is assigned responsibility for collecting a civil
1030	1032		506
1031	1033		judgment of restitution under Subsection (1)(b)(iv)(B) as a judgment creditor
1032	1034		507
1033	1035		for the civil judgment of restitution; and
1034	1036		508
1035	1037		(D) identify the Office of State Debt Collection as a judgment creditor for any
1036	1038		509
1037	1039		civil accounts receivable and transfer the responsibility of collecting the civil
1038	1040		510
1039	1041		accounts receivable to the Office of State Debt Collection.
1040	1042		511
1041	1043		(2) If a criminal accounts receivable for the defendant is more than 90 days past due and the
1042	1044		512
1043	1045		court has ordered that a defendant does not owe restitution to any victim, or the time
1044	1046		513
1045	1047		period for entering an order for restitution has expired under Section 77-38b-205 and the
1046	1048		514
1047	1049		court has not ordered restitution, the court may:
1048	1050		515
1049	1051		(a) enter an order for a civil accounts receivable for the defendant on the civil judgment
1050	1052		516
1051	1053		docket;
1052	1054		517
1053	1055		(b) identify, in the order under Subsection (2)(a), the Office of State Debt Collection as a
1054	1056		518
1055	1057		judgment creditor for the civil accounts receivable; and
1056	1058		519
1057	1059		(c) transfer the responsibility of collecting the civil accounts receivable to the Office of
1058	1060		520
1059	1061		State Debt Collection.
1060	1062		521
1061	1063		(3) An order for a criminal accounts receivable is no longer in effect after the court enters
1062	1064		522
1063	1065		an order for a civil accounts receivable or a civil judgment of restitution under
1064	1066		523
1065	1067		Subsection (1) or (2).
1066	1068		524
1067	1069		(4) The court shall provide notice to the Office of State Debt Collection and the prosecuting
1068	1070		525
1069	1071		attorney of any hearing that affects an order for the civil accounts receivable or the civil
1070	1072		526
1071	1073		judgment of restitution.
1072	1074		527
1073	1075		(5) The Office of State Debt Collection shall notify the court when a civil judgment of
1074	1076		528
1075	1077		restitution or a civil accounts receivable is satisfied.
1076	1078		529
1077	1079		(6) When a fine, forfeiture, surcharge, cost, or fee is recorded in an order for a civil
1078	1080		530
1079	1081		accounts receivable on the civil judgment docket, or when restitution is recorded as an
1080	1082		531
1081	1083		order for a civil judgment of restitution on the civil judgment docket, the order:
1082	1084		532
1083	1085		(a) constitutes a lien on the defendant's real property until the judgment is satisfied; and
1084	1086		533
1085	1087		(b) may be collected by any means authorized by law for the collection of a civil
1086	1088		534
1087	1089		judgment.
1088	1090		535
1089	1091		(7) A criminal accounts receivable, a civil accounts receivable, and a civil judgment of
1090	1092		536
1091	1093		restitution are not subject to the civil statutes of limitation and expire only upon payment
1092	1094		537
1093	1095		in full.
1094		-	- 16 - Enrolled Copy H.B. 562
1095	1096		538
1096	1097		(8)(a) If a defendant asserts that a payment was made to a victim or third party for a civil
	1098	+	- 16 - 03-05 16:53 4th Sub. (Green) H.B. 562
1097	1099		539
1098	1100		judgment of restitution, or enters into any other transaction that does not involve the
1099	1101		540
1100	1102		Office of State Debt Collection, and the defendant asserts that the payment results in
1101	1103		541
1102	1104		a credit [towards] toward the civil judgment of restitution for the defendant:
1103	1105		542
1104	1106		(i) the defendant shall provide notice to the Office of State Debt Collection and the
1105	1107		543
1106	1108		prosecuting attorney within 30 days after the day on which the payment or other
1107	1109		544
1108	1110		transaction is made; and
1109	1111		545
1110	1112		(ii) the payment may only be credited towards the civil judgment of restitution and
1111	1113		546
1112	1114		does not affect any other amount owed to the Office of State Debt Collection
1113	1115		547
1114	1116		under Section 63A-3-502.
1115	1117		548
1116	1118		(b) Nothing in this Subsection (8) shall be construed to prevent a victim or a third party
1117	1119		549
1118	1120		from providing notice of a payment towards a civil judgment of restitution to the
1119	1121		550
1120	1122		Office of State Debt Collection.
1121	1123		551
1122	1124		Section 5. Section 77-20-102 is amended to read:
1123	1125		552
1124	1126		77-20-102 . Definitions.
1125	1127		553
1126	1128		As used in this chapter:
1127	1129		554
1128	1130		(1) "Bail" means pretrial release.
1129	1131		555
1130	1132		(2) "Bail bond" means the same as that term is defined in Section 31A-35-102.
1131	1133		556
1132	1134		(3) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
1133	1135		557
1134	1136		(4) "Bail bond producer" means the same as that term is defined in Section 31A-35-102.
1135	1137		558
1136	1138		(5) "County jail official" means a county sheriff or the county sheriff's designee.
1137	1139		559
1138	1140		(6) "Exonerate" means to release and discharge a surety, or a surety's bail bond producer,
1139	1141		560
1140	1142		from liability for a bail bond.
1141	1143		561
1142	1144		(7) "Financial condition" means any monetary condition that is imposed to secure an
1143	1145		562
1144	1146		individual's pretrial release.
1145	1147		563
1146	1148		(8) "Forfeiture" means:
1147	1149		564
1148	1150		(a) to divest an individual or surety from a right to the repayment of monetary bail; or
1149	1151		565
1150	1152		(b) to enforce a pledge of assets or real or personal property from an individual or surety
1151	1153		566
1152	1154		used to secure an individual's pretrial release.
1153	1155		567
1154	1156		(9) "Magistrate" means the same as that term is defined in Section 77-1-3.
1155	1157		568
1156	1158		(10)(a) "Material change in circumstances" includes:
1157	1159		569
1158	1160		(i) a preliminary examination in which relevant evidence is presented that:
1159	1161		570
1160	1162		(A) is material to the factors or considerations provided in Section 77-20-201; and
1161	1163		571
1162	1164		(B) was not known to the court at the time the pretrial status order was issued;
1163		-	- 17 - H.B. 562 Enrolled Copy
1164	1165		572
1165	1166		(ii) an unreasonable delay in prosecution that is not attributable to the defendant;
	1167	+	- 17 - 4th Sub. (Green) H.B. 562 03-05 16:53
1166	1168		573
1167	1169		[(ii)] (iii) a material change in the risk that an individual poses to a victim, a witness,
1168	1170		574
1169	1171		or the public if released due to the passage of time or any other relevant factor;
1170	1172		575
1171	1173		[(iii)] (iv) a material change in the conditions of release or the services that are
1172	1174		576
1173	1175		reasonably available to the defendant if released;
1174	1176		577
1175	1177		[(iv)] (v) a willful or repeated failure by the defendant to appear at required court
1176	1178		578
1177	1179		appearances; or
1178	1180		579
1179	1181		[(v)] (vi) any other material change related to the defendant's risk of flight or danger
1180	1182		580
1181	1183		to any other individual or to the community if released.
1182	1184		581
1183	1185		(b) "Material change in circumstances" does not include any fact or consideration that is
1184	1186		582
1185	1187		known at the time that the pretrial status order is issued.
1186	1188		583
1187	1189		(11) "Monetary bail" means a financial condition.
1188	1190		584
1189	1191		(12) "No bail hold" means an order with the restrictions described in Subsection (18)(c).
1190	1192		585
1191	1193		[(12)] (13) "Own recognizance" means the release of an individual without any condition of
1192	1194		586
1193	1195		release other than the individual's promise to:
1194	1196		587
1195	1197		(a) appear for all required court proceedings; and
1196	1198		588
1197	1199		(b) not commit any criminal offense.
1198	1200		589
1199	1201		[(13)] (14) "Pretrial detention hearing" means a hearing described in Section 77-20-206.
1200	1202		590
1201	1203		[(14)] (15) "Pretrial release" means the release of an individual from law enforcement
1202	1204		591
1203	1205		custody during the time the individual awaits trial or other resolution of criminal charges.
1204	1206		592
1205	1207		[(15)] (16) "Pretrial risk assessment" means an objective, research-based, validated
1206	1208		593
1207	1209		assessment tool that measures an individual's risk of flight and risk of anticipated
1208	1210		594
1209	1211		criminal conduct while on pretrial release.
1210	1212		595
1211	1213		[(16)] (17) "Pretrial services program" means a program that is established to:
1212	1214		596
1213	1215		(a) gather information on individuals booked into a jail facility;
1214	1216		597
1215	1217		(b) conduct pretrial risk assessments; and
1216	1218		598
1217	1219		(c) supervise individuals granted pretrial release.
1218	1220		599
1219	1221		[(17)] (18) "Pretrial status order" means an order issued by a magistrate or judge that:
1220	1222		600
1221	1223		(a) releases the individual on the individual's own recognizance while the individual
1222	1224		601
1223	1225		awaits trial or other resolution of criminal charges;
1224	1226		602
1225	1227		(b) sets the terms and conditions of the individual's pretrial release while the individual
1226	1228		603
1227	1229		awaits trial or other resolution of criminal charges; or
1228	1230		604
1229	1231		(c) denies pretrial release and orders that the individual be detained while the individual
1230	1232		605
1231	1233		awaits trial or other resolution of criminal charges.
1232		-	- 18 - Enrolled Copy H.B. 562
1233	1234		606
1234	1235		[(18)] (19) "Principal" means the same as that term is defined in Section 31A-35-102.
	1236	+	- 18 - 03-05 16:53 4th Sub. (Green) H.B. 562
1235	1237		607
1236	1238		[(19)] (20) "Surety" means a surety insurer or a bail bond agency.
1237	1239		608
1238	1240		[(20)] (21) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
1239	1241		609
1240	1242		[(21)] (22) "Temporary pretrial status order" means an order issued by a magistrate that:
1241	1243		610
1242	1244		(a) releases the individual on the individual's own recognizance until a pretrial status
1243	1245		611
1244	1246		order is issued;
1245	1247		612
1246	1248		(b) sets the terms and conditions of the individual's pretrial release until a pretrial status
1247	1249		613
1248	1250		order is issued; or
1249	1251		614
1250	1252		(c) denies pretrial release and orders that the individual be detained until a pretrial status
1251	1253		615
1252	1254		order is issued.
1253	1255		616
1254	1256		[(22)] (23) "Unsecured bond" means an individual's promise to pay a financial condition if
1255	1257		617
1256	1258		the individual fails to appear for any required court appearance.
1257	1259		618
1258	1260		Section 6. Section 77-20-205 is amended to read:
1259	1261		619
1260	1262		77-20-205 . Pretrial release by a magistrate or judge.
1261	1263		620
1262	1264		(1)(a) At the time that a magistrate issues a warrant of arrest, or finds there is probable
1263	1265		621
1264	1266		cause to support the individual's arrest under Rule 9 of the Utah Rules of Criminal
1265	1267		622
1266	1268		Procedure, the magistrate shall issue a temporary pretrial status order that:
1267	1269		623
1268	1270		(i) releases the individual on the individual's own recognizance during the time the
1269	1271		624
1270	1272		individual awaits trial or other resolution of criminal charges;
1271	1273		625
1272	1274		(ii) designates a condition, or a combination of conditions, to be imposed upon the
1273	1275		626
1274	1276		individual's release during the time the individual awaits trial or other resolution
1275	1277		627
1276	1278		of criminal charges; or
1277	1279		628
1278	1280		(iii) orders the individual be detained during the time the individual awaits trial or
1279	1281		629
1280	1282		other resolution of criminal charges.
1281	1283		630
1282	1284		(b) At the time that a magistrate issues a summons, the magistrate may issue a temporary
1283	1285		631
1284	1286		pretrial status order that:
1285	1287		632
1286	1288		(i) releases the individual on the individual's own recognizance during the time the
1287	1289		633
1288	1290		individual awaits trial or other resolution of criminal charges; or
1289	1291		634
1290	1292		(ii) designates a condition, or a combination of conditions, to be imposed upon the
1291	1293		635
1292	1294		individual's release during the time the individual awaits trial or other resolution
1293	1295		636
1294	1296		of criminal charges, subject to the requirements of Subsection (1)(c).
1295	1297		637
1296	1298		(c)(i) Notwithstanding Subsection (1)(a) or (b), a magistrate shall issue a temporary
1297	1299		638
1298	1300		pretrial status order of detention under Subsection [(1) that detains an individual]
1299	1301		639
1300	1302		(1)(a)(iii) if the individual is arrested for a felony offense and the magistrate finds:
1301		-	- 19 - H.B. 562 Enrolled Copy
1302	1303		640
1303	1304		[(i)] (A) there is substantial evidence to support the individual's arrest for the
	1305	+	- 19 - 4th Sub. (Green) H.B. 562 03-05 16:53
1304	1306		641
1305	1307		felony offense;
1306	1308		642
1307	1309		[(ii)] (B) the individual committed the felony offense while:
1308	1310		643
1309	1311		[(A)] (I) the individual was on parole or probation for a conviction of a felony
1310	1312		644
1311	1313		offense; or
1312	1314		645
1313	1315		[(B)] (II) the individual was released and awaiting trial on a previous charge for
1314	1316		646
1315	1317		a felony offense; and
1316	1318		647
1317	1319		[(iii)] (C) based on information reasonably available to the magistrate, the
1318	1320		648
1319	1321		individual [has at least nine cases where the individual has been charged or
1320	1322		649
1321	1323		convicted, or entered a plea of guilty, within five years from the day on which
1322	1324		650
1323	1325		the individual was arrested for the felony offense described in Subsection
1324	1326		651
1325	1327		(1)(c)(i)] :
1326	1328		652
1327	1329		(I) is a habitual offender as defined in Section 77-18-102; or
1328	1330		653
1329	1331		(II) will be a habitual offender as defined in Section 77-18-102 if the individual
1330	1332		654
1331	1333		is convicted of the felony offense.
1332	1334		655
1333	1335		(d) Subsection (1)(c) does not limit or prohibit a magistrate's authority to detain an
1334	1336		656
1335	1337		individual who does not meet the requirements described in Subsection (1)(c).
1336	1338		657
1337	1339		(2)(a) Except as provided in Subsection (2)(b), the magistrate or judge shall issue a
1338	1340		658
1339	1341		pretrial status order at an individual's first appearance before the court.
1340	1342		659
1341	1343		(b) The magistrate or judge may delay the issuance of a pretrial status order at an
1342	1344		660
1343	1345		individual's first appearance before the court:
1344	1346		661
1345	1347		(i) until a pretrial detention hearing is held if a prosecuting attorney makes a motion
1346	1348		662
1347	1349		for pretrial detention as described in Section 77-20-206;
1348	1350		663
1349	1351		(ii) if a party requests a delay; or
1350	1352		664
1351	1353		(iii) if there is good cause to delay the issuance.
1352	1354		665
1353	1355		(c) If a magistrate or judge delays the issuance of a pretrial status order under Subsection
1354	1356		666
1355	1357		(2)(b), the magistrate or judge shall extend the temporary pretrial status order until
1356	1358		667
1357	1359		the issuance of a pretrial status order.
1358	1360		668
1359		-	(d) A request for a pretrial release ~~that has~~ not ~~been fully presented to and ruled upon by~~
	1361	+	(d) A request for a pretrial release at an initial appearance does not constitute a pretrial
1360	1362		669
1361		-	~~the magistrate or judge at an initial appearance does not constitute a pretrial detention~~
	1363	+	detention hearing under Section 77-20-206.
1362	1364		670
1363		-	~~hearing under Section 77-20-206.~~
	1365	+	(3)(a) When a magistrate or judge issues a pretrial status order, the pretrial status order
1364	1366		671
1365		-	~~(3)(a) When a magistrate or judge issues a pretrial status order, the pretrial status order~~
	1367	+	shall:
1366	1368		672
1367		-	~~shall:~~
	1369	+	(i) release the individual on the individual's own recognizance during the time the
1368	1370		673
1369		-	(i) release the individual on the individual's own recognizance during the time the
1370		-	- 20 - Enrolled Copy H.B. 562
	1371	+	individual awaits trial or other resolution of criminal charges;
1371	1372		674
1372		-	individual awaits trial or other resolution of criminal charges;
	1373	+	(ii) designate a condition, or a combination of conditions, to be imposed upon the
	1374	+	- 20 - 03-05 16:53 4th Sub. (Green) H.B. 562
1373	1375		675
1374		-	~~(ii) designate a condition,~~ or ~~a combination of conditions, to be imposed upon the~~
	1376	+	individual's release during the time the individual awaits trial or other resolution
1375	1377		676
1376		-	~~individual's release during the time the individual awaits trial~~ or ~~other resolution~~
	1378	+	of criminal charges; or
1377	1379		677
1378		-	of ~~criminal charges;~~ or
	1380	+	(iii) subject to the requirements of Subsection (10), order the individual to be
1379	1381		678
1380		-	~~(iii) subject to~~ the ~~requirements~~ of ~~Subsection (10), order the individual to be~~
	1382	+	detained during the time that individual awaits trial or other resolution of criminal
1381	1383		679
1382		-	~~detained during the time that individual awaits trial or other resolution of criminal~~
	1384	+	charges.
1383	1385		680
1384		-	~~charges.~~
	1386	+	(b) In making a determination about pretrial release in a pretrial status order, the
1385	1387		681
1386		-	~~(b) In making~~ a ~~determination about pretrial release~~ in a ~~pretrial status order, the~~
	1388	+	magistrate or judge may not give any deference to a magistrate's decision in a
1387	1389		682
1388		-	~~magistrate or judge may not give any deference to a magistrate's decision in a~~
	1390	+	temporary pretrial status order.
1389	1391		683
1390		-	~~temporary~~ pretrial ~~status order.~~
	1392	+	(4) In making a determination about pretrial release, a magistrate or judge shall impose:
1391	1393		684
1392		-	(4) ~~In making a determination about pretrial~~ release~~, a magistrate or judge shall impose:~~
	1394	+	(a) [ ]only conditions of release that are reasonably available; and
1393	1395		685
1394		-	(a) ~~[ ]only~~ conditions of release that ~~are~~ reasonably ~~available; and~~
	1396	+	(b) conditions of release that reasonably ensure:
1395	1397		686
1396		-	(b) ~~conditions of release that reasonably ensure:~~
	1398	+	(i) the individual's appearance in court when required;
1397	1399		687
1398		-	(i) the ~~individual's appearance in court when required;~~
	1400	+	(ii) the safety of any witnesses or victims of the offense allegedly committed by the
1399	1401		688
1400		-	~~(ii) the safety of any witnesses or victims of the offense allegedly committed by the~~
	1402	+	individual;
1401	1403		689
1402		-	~~individual~~;
	1404	+	(iii) the safety and welfare of the public; and
1403	1405		690
1404		-	(~~iii~~) the ~~safety and welfare of~~ the ~~public; and~~
	1406	+	(iv) that the individual will not obstruct, or attempt to obstruct, the criminal justice
1405	1407		691
1406		-	~~(iv) that the individual will not obstruct, or attempt to obstruct, the criminal justice~~
	1408	+	process.
1407	1409		692
1408		-	~~process.~~
	1410	+	(5) Except as provided in Subsection (1)(c) or (6), a magistrate or judge may impose a
1409	1411		693
1410		-	~~(5) Except as provided in Subsection (1)(c)~~ or ~~(6)~~, ~~a magistrate or judge may impose a~~
	1412	+	condition, or combination of conditions, for pretrial release that requires an individual to:
1411	1413		694
1412		-	~~condition~~, or ~~combination~~ of ~~conditions, for~~ pretrial release ~~that requires an individual to:~~
	1414	+	(a) not commit a federal, state, or local offense during the period of pretrial release;
1413	1415		695
1414		-	(a) ~~not commit~~ a ~~federal, state, or local offense during~~ the ~~period of pretrial release~~;
	1416	+	(b) avoid contact with a victim of the alleged offense;
1415	1417		696
1416		-	(b) avoid contact with a ~~victim of the alleged offense;~~
	1418	+	(c) avoid contact with a witness who:
1417	1419		697
1418		-	(c) ~~avoid contact with a witness who:~~
	1420	+	(i) may testify concerning the alleged offense; and
1419	1421		698
1420		-	(i) ~~may testify concerning~~ the ~~alleged offense~~; ~~and~~
	1422	+	(ii) is named in the pretrial status order;
1421	1423		699
1422		-	(ii) ~~is named in the pretrial status order;~~
	1424	+	(d) not consume alcohol or any narcotic drug or other controlled substance unless
1423	1425		700
1424		-	~~(d) not consume alcohol or any narcotic drug or other controlled substance unless~~
	1426	+	prescribed by a licensed medical practitioner;
1425	1427		701
1426		-	~~prescribed by a licensed medical practitioner~~;
	1428	+	(e) submit to drug or alcohol testing;
1427	1429		702
1428		-	(e) ~~submit to drug or alcohol testing;~~
	1430	+	(f) complete a substance abuse evaluation and comply with any recommended treatment
1429	1431		703
1430		-	~~(f) complete a substance abuse evaluation and comply with any recommended treatment~~
	1432	+	or release program;
1431	1433		704
1432		-	or ~~release program~~;
	1434	+	(g) submit to electronic monitoring or location device tracking;
1433	1435		705
1434		-	(g) ~~submit to electronic monitoring~~ or ~~location device tracking;~~
	1436	+	(h) participate in inpatient or outpatient medical, behavioral, psychological, or
1435	1437		706
1436		-	~~(h) participate in inpatient or outpatient medical, behavioral, psychological, or~~
	1438	+	psychiatric treatment;
1437	1439		707
1438		-	psychiatric treatment;
1439		-	- 21 - H.B. 562 Enrolled Copy
	1440	+	(i) maintain employment or actively seek employment if unemployed;
1440	1441		708
1441		-	(i) maintain employment or actively seek employment if unemployed;
	1442	+	(j) maintain or commence an education program;
	1443	+	- 21 - 4th Sub. (Green) H.B. 562 03-05 16:53
1442	1444		709
1443		-	(j) ~~maintain~~ or ~~commence an education program;~~
	1445	+	(k) comply with limitations on where the individual is allowed to be located or the times
1444	1446		710
1445		-	~~(k) comply with limitations on where~~ the individual ~~is allowed to~~ be ~~located~~ or ~~the times~~
	1447	+	that the individual shall be, or may not be, at a specified location;
1446	1448		711
1447		-	~~that the individual shall be~~, or ~~may not be, at a specified location;~~
	1449	+	(l) comply with specified restrictions on personal associations, place of residence, or
1448	1450		712
1449		-	~~(l) comply with specified restrictions on personal associations, place of residence, or~~
	1451	+	travel;
1450	1452		713
1451		-	~~travel;~~
	1453	+	(m) report to a law enforcement agency, pretrial services program, or other designated
1452	1454		714
1453		-	~~(m) report to~~ a ~~law enforcement agency, pretrial services program,~~ or ~~other designated~~
	1455	+	agency at a specified frequency or on specified dates;
1454	1456		715
1455		-	~~agency at~~ a specified ~~frequency or on specified dates~~;
	1457	+	(n) comply with a specified curfew;
1456	1458		716
1457		-	(n) ~~comply with~~ a ~~specified curfew~~;
	1459	+	(o) forfeit or refrain from possession of a firearm or other dangerous weapon;
1458	1460		717
1459		-	(o) ~~forfeit~~ or ~~refrain from possession of a firearm or other dangerous weapon;~~
	1461	+	(p) if the individual is charged with an offense against a child, limit or prohibit access to
1460	1462		718
1461		-	~~(p) if the individual is charged with an offense against a child, limit~~ or ~~prohibit access to~~
	1463	+	any location or occupation where children are located, including any residence where
1462	1464		719
1463		-	~~any location or occupation~~ where children are ~~located~~, ~~including any residence~~ where
	1465	+	children are on the premises, activities where children are involved, locations where
1464	1466		720
1465		-	children ~~are on the premises~~, ~~activities~~ where children ~~are involved, locations where~~
	1467	+	children congregate, or where a reasonable person would know that children
1466	1468		721
1467		-	~~children~~ congregate~~, or where a reasonable person would know that children~~
	1469	+	congregate;
1468	1470		722
1469		-	~~congregate~~;
	1471	+	(q) comply with requirements for house arrest;
1470	1472		723
1471		-	(q) ~~comply with requirements~~ for ~~house arrest;~~
	1473	+	(r) return to custody for a specified period of time following release for employment,
1472	1474		724
1473		-	~~(r) return to custody for a specified period of time following release for employment,~~
	1475	+	schooling, or other limited purposes;
1474	1476		725
1475		-	~~schooling,~~ or ~~other limited purposes;~~
	1477	+	(s) remain in custody of one or more designated individuals who agree to:
1476	1478		726
1477		-	(s) ~~remain in custody~~ of ~~one or more designated individuals who agree to:~~
	1479	+	(i) supervise and report on the behavior and activities of the individual; and
1478	1480		727
1479		-	(i) ~~supervise~~ and ~~report on the behavior and activities of the individual; and~~
	1481	+	(ii) encourage compliance with all court orders and attendance at all required court
1480	1482		728
1481		-	~~(ii) encourage compliance with all court orders and attendance at all required court~~
	1483	+	proceedings;
1482	1484		729
1483		-	~~proceedings~~;
	1485	+	(t) comply with a financial condition; or
1484	1486		730
1485		-	(t) comply with ~~a financial~~ condition~~; or~~
	1487	+	(u) comply with any other condition that is reasonably available and necessary to ensure
1486	1488		731
1487		-	~~(u) comply~~ with ~~any other condition that is reasonably available and necessary to ensure~~
	1489	+	compliance with Subsection (4).
1488	1490		732
1489		-	~~compliance with Subsection (4).~~
	1491	+	(6)(a) If a county or municipality has established a pretrial services program, the
1490	1492		733
1491		-	~~(6)(a) If a~~ county or municipality has ~~established a pretrial services program, the~~
	1493	+	magistrate or judge shall consider the services that the county or municipality has
1492	1494		734
1493		-	~~magistrate or judge shall consider the services that the county or municipality has~~
	1495	+	identified as available in determining what conditions of release to impose.
1494	1496		735
1495		-	~~identified as available in determining what~~ conditions of release ~~to impose.~~
	1497	+	(b) The magistrate or judge may not order conditions of release that would require the
1496	1498		736
1497		-	~~(b) The magistrate~~ or ~~judge may~~ not ~~order conditions of release that would require~~ the
	1499	+	county or municipality to provide services that are not currently available from the
1498	1500		737
1499		-	county or municipality ~~to provide services that are not currently available from the~~
	1501	+	county or municipality.
1500	1502		738
1501		-	~~county~~ or ~~municipality.~~
	1503	+	(c) Notwithstanding Subsection (6)(a), the magistrate or judge may impose conditions of
1502	1504		739
1503		-	~~(c) Notwithstanding Subsection (6)(a),~~ the ~~magistrate~~ or ~~judge may impose conditions of~~
	1505	+	release not identified by the county or municipality so long as the condition does not
1504	1506		740
1505		-	~~release not identified by~~ the county or municipality ~~so long as the condition does not~~
	1507	+	require assistance or resources from the county or municipality.
1506	1508		741
1507		-	require assistance or resources from the county or municipality.
1508		-	- 22 - Enrolled Copy H.B. 562
	1509	+	(7)(a) If the magistrate or judge determines that a financial condition, other than an
1509	1510		742
1510		-	(7)(a) If the magistrate or judge determines that a financial condition, other than an
	1511	+	unsecured bond, is necessary to impose as a condition of release, the magistrate or
	1512	+	- 22 - 03-05 16:53 4th Sub. (Green) H.B. 562
1511	1513		743
1512		-	~~unsecured bond~~, ~~is necessary~~ to ~~impose as a condition of release,~~ the ~~magistrate or~~
	1514	+	judge shall, when determining the amount of the financial condition, refer to the
1513	1515		744
1514		-	~~judge shall,~~ ~~when determining~~ the ~~amount of the financial condition, refer to the~~
	1516	+	financial condition schedule in Section 77-20-205.5 and consider the individual's risk
1515	1517		745
1516		-	~~financial condition schedule in Section 77-20-205.5~~ and ~~consider~~ the ~~individual's risk~~
	1518	+	of failing to appear and ability to pay[ when determining the amount of the financial
1517	1519		746
1518		-	~~of failing to appear and ability to pay[ when determining the amount of the financial~~
	1520	+	condition].
1519	1521		747
1520		-	condition].
	1522	+	(b) If the magistrate or judge determines that a financial condition is necessary to impose
1521	1523		748
1522		-	~~(b) If the magistrate or judge determines that~~ a financial condition ~~is necessary to impose~~
	1524	+	as a condition of release, and a county jail official fixed a financial condition for the
1523	1525		749
1524		-	~~as a condition of release~~, ~~and a county jail official fixed a financial condition for the~~
	1526	+	individual under Section 77-20-204, the magistrate or judge may not give any
1525	1527		750
1526		-	~~individual under Section 77-20-204, the magistrate or judge may not give any~~
	1528	+	deference to:
1527	1529		751
1528		-	~~deference~~ to:
	1530	+	(i) the county jail official's action to fix a financial condition; or
1529	1531		752
1530		-	(i) the ~~county jail official's action to fix a~~ financial condition~~; or~~
	1532	+	(ii) the amount of the financial condition that the individual was required to pay for
1531	1533		753
1532		-	~~(ii) the amount of the financial condition that the individual was required to pay for~~
	1534	+	pretrial release.
1533	1535		754
1534		-	~~pretrial~~ release.
	1536	+	(c) If a magistrate or judge orders a financial condition as a condition of release, the
1535	1537		755
1536		-	~~(c) If a~~ magistrate ~~or judge orders a~~ financial condition as a ~~condition of release,~~ ~~the~~
	1538	+	judge or magistrate shall set the financial condition at a single amount per case.
1537	1539		756
1538		-	~~judge~~ or ~~magistrate shall set the financial condition at a single amount per case.~~
	1540	+	(8) In making a determination about pretrial release, the magistrate or judge may:
1539	1541		757
1540		-	(8) In ~~making a determination about pretrial release, the magistrate or judge may~~:
	1542	+	(a) rely upon information contained in:
1541	1543		758
1542		-	(a) ~~rely upon~~ information ~~contained in:~~
	1544	+	(i) the indictment or information;
1543	1545		759
1544		-	(i) ~~the indictment~~ or information;
	1546	+	(ii) any sworn or probable cause statement or other information provided by law
1545	1547		760
1546		-	~~(ii) any sworn or probable cause statement or other information provided by law~~
	1548	+	enforcement;
1547	1549		761
1548		-	~~enforcement~~;
	1550	+	(iii) a pretrial risk assessment;
1549	1551		762
1550		-	(~~iii~~) ~~a pretrial risk assessment~~;
	1552	+	(iv) an affidavit of indigency described in Section 78B-22-201.5;
1551	1553		763
1552		-	(iv) ~~an affidavit of indigency described in Section 78B-22-201.5~~;
	1554	+	(v) witness statements or testimony;
1553	1555		764
1554		-	(v) ~~witness statements or testimony;~~
	1556	+	(vi) the results of a lethality assessment completed in accordance with Section
1555	1557		765
1556		-	~~(vi) the results of a lethality assessment completed in accordance with Section~~
	1558	+	77-36-2.1; or
1557	1559		766
1558		-	~~77-36-2.1~~; or
	1560	+	(vii) any other reliable record or source, including proffered evidence; and
1559	1561		767
1560		-	(~~vii~~) ~~any other reliable record or source, including proffered evidence; and~~
	1562	+	(b) consider:
1561	1563		768
1562		-	(b) ~~consider:~~
	1564	+	(i) the nature and circumstances of the offense, or offenses, that the individual was
1563	1565		769
1564		-	~~(i) the nature and circumstances of the offense~~, or ~~offenses~~, ~~that the individual was~~
	1566	+	arrested for, or charged with, including:
1565	1567		770
1566		-	~~arrested for,~~ ~~or charged with,~~ ~~including:~~
	1568	+	(A) whether the offense is a violent offense; and
1567	1569		771
1568		-	(A) ~~whether~~ the ~~offense is~~ a ~~violent offense~~; ~~and~~
	1570	+	(B) the vulnerability of a witness or alleged victim;
1569	1571		772
1570		-	(B) the ~~vulnerability~~ of ~~a witness or alleged victim;~~
	1572	+	(ii) the nature and circumstances of the individual, including the individual's:
1571	1573		773
1572		-	(ii) ~~the nature and circumstances of the individual, including the individual's:~~
	1574	+	(A) character;
1573	1575		774
1574		-	(A) ~~character~~;
	1576	+	(B) physical and mental health;
1575	1577		775
1576		-	(B) physical and mental health;
1577		-	- 23 - H.B. 562 Enrolled Copy
	1578	+	(C) family and community ties;
1578	1579		776
1579		-	(C) family and community ties;
	1580	+	(D) employment status or history;
	1581	+	- 23 - 4th Sub. (Green) H.B. 562 03-05 16:53
1580	1582		777
1581		-	(D) ~~employment status or history~~;
	1583	+	(E) financial resources;
1582	1584		778
1583		-	(E) ~~financial resources~~;
	1585	+	(F) past criminal conduct;
1584	1586		779
1585		-	(F) ~~past criminal conduct~~;
	1587	+	(G) history of drug or alcohol abuse; and
1586	1588		780
1587		-	(G) history of ~~drug or alcohol abuse~~; ~~and~~
	1589	+	(H) history of timely appearances at required court proceedings;
1588	1590		781
1589		-	(H) ~~history~~ of ~~timely appearances at required court proceedings;~~
	1591	+	(iii) the potential danger to another individual, or individuals, posed by the release of
1590	1592		782
1591		-	~~(iii)~~ the ~~potential danger to another~~ individual~~, or individuals, posed by the release of~~
	1593	+	the individual;
1592	1594		783
1593		-	the individual;
	1595	+	(iv) whether the individual was on probation, parole, or release pending an upcoming
1594	1596		784
1595		-	~~(iv) whether~~ the individual ~~was on probation,~~ ~~parole,~~ or ~~release pending an upcoming~~
	1597	+	court proceeding at the time the individual allegedly committed the offense or
1596	1598		785
1597		-	~~court proceeding at the time the individual allegedly committed the offense or~~
	1599	+	offenses;
1598	1600		786
1599		-	~~offenses;~~
	1601	+	(v) the availability of:
1600	1602		787
1601		-	(v) the ~~availability of:~~
	1603	+	(A) other individuals who agree to assist the individual in attending court when
1602	1604		788
1603		-	~~(A) other individuals who agree to assist the individual in attending court when~~
	1605	+	required; or
1604	1606		789
1605		-	~~required~~; or
	1607	+	(B) supervision of the individual in the individual's community;
1606	1608		790
1607		-	(B) ~~supervision~~ of the individual in ~~the individual's community;~~
	1609	+	(vi) the eligibility and willingness of the individual to participate in various treatment
1608	1610		791
1609		-	~~(vi) the eligibility and willingness of the individual to participate in various~~ treatment
	1611	+	programs, including drug treatment; or
1610	1612		792
1611		-	~~programs, including drug treatment;~~ or
	1613	+	(vii) other evidence relevant to the individual's likelihood of fleeing or violating the
1612	1614		793
1613		-	~~(vii) other evidence relevant to the individual's likelihood of fleeing or violating the~~
	1615	+	law if released.
1614	1616		794
1615		-	~~law if released.~~
	1617	+	(9) The magistrate or judge may not base a determination about pretrial release solely:
1616	1618		795
1617		-	(9) The ~~magistrate~~ or ~~judge may not base a determination about pretrial release solely:~~
	1619	+	(a) on the seriousness or type of offense that the individual is arrested for or charged
1618	1620		796
1619		-	~~(a) on the seriousness or type of offense that~~ the individual is arrested for or charged
	1621	+	with, unless the individual is arrested for or charged with a capital felony; or
1620	1622		797
1621		-	~~with, unless the individual is arrested for~~ or ~~charged with~~ a ~~capital felony;~~ or
	1623	+	(b) on an algorithm or a risk assessment tool score.
1622	1624		798
1623		-	(b) on an ~~algorithm or~~ a ~~risk assessment tool score.~~
	1625	+	(10) If the magistrate or judge issues an order pursuant to Subsection 77-20-205(3)(a)(iii),
1624	1626		799
1625		-	~~(10) If~~ the magistrate or judge ~~issues an order pursuant to Subsection 77-20-205(3)(a)(iii),~~
	1627	+	the magistrate or judge shall make sufficiently detailed findings of fact on the risk of
1626	1628		800
1627		-	~~the magistrate~~ or ~~judge shall make sufficiently detailed findings of fact on~~ the ~~risk of~~
	1629	+	substantial danger or flight from the court's jurisdiction to enable a reviewing court to
1628	1630		801
1629		-	~~substantial danger~~ or ~~flight from the court~~'s ~~jurisdiction to enable a reviewing court to~~
	1631	+	ensure that the magistrate's or judge's determination reasonably considered all of the
1630	1632		802
1631		-	~~ensure that~~ the ~~magistrate's or judge's determination reasonably considered all of the~~
	1633	+	evidence presented to the court.
1632	1634		803
1633		-	~~evidence presented to the court.~~
	1635	+	[(10)] (11) An individual arrested for violation of a jail release agreement, or a jail release
1634	1636		804
1635		-	~~[(10)] (11) An individual arrested for violation of a jail release agreement~~, ~~or a jail release~~
	1637	+	court order, issued in accordance with Section 78B-7-802:
1636	1638		805
1637		-	~~court order,~~ ~~issued in accordance with Section 78B-7-802:~~
	1639	+	(a) may not be released before the individual's first appearance before a magistrate or
1638	1640		806
1639		-	~~(a) may not be released before the individual's first appearance before a magistrate or~~
	1641	+	judge; and
1640	1642		807
1641		-	judge~~; and~~
	1643	+	(b) may be denied pretrial release by the magistrate or judge.
1642	1644		808
1643		-	~~(b) may be denied pretrial release by the magistrate or judge.~~
	1645	+	Section 7. Section 77-20-205.5 is enacted to read:
1644	1646		809
1645		-	Section 7. Section 77-20-205.5 is enacted to read:
1646		-	- 24 - Enrolled Copy H.B. 562
	1647	+	77-20-205.5 . Financial condition schedule.
1647	1648		810
1648		-	77-20-205.5 . Financial condition schedule.
	1649	+	(1) For a felony, the default amount for a financial condition is:
	1650	+	- 24 - 03-05 16:53 4th Sub. (Green) H.B. 562
1649	1651		811
1650		-	(1) For a felony~~, the default amount for~~ a ~~financial condition is:~~
	1652	+	(a) $25,000 for a first degree felony with a minimum mandatory sentence;
1651	1653		812
1652		-	(a) $25,000 for a first degree felony ~~with~~ a minimum mandatory sentence;
	1654	+	(b) $20,000 for a first degree felony without a minimum mandatory sentence;
1653	1655		813
1654		-	(b) $20,000 for a ~~first~~ degree felony ~~without a minimum mandatory sentence;~~
	1656	+	(c) $10,000 for a second degree felony; and
1655	1657		814
1656		-	(c) $10,000 for a ~~second~~ degree felony~~; and~~
	1658	+	(d) $5,000 for a third degree felony.
1657	1659		815
1658		-	(d) ~~$5,000~~ for a ~~third degree felony.~~
	1660	+	(2) For a misdemeanor or infraction other than a local ordinance, the default amount for a
1659	1661		816
1660		-	~~(2) For a misdemeanor or infraction other than a local ordinance, the default amount for a~~
	1662	+	financial condition is:
1661	1663		817
1662		-	~~financial condition is:~~
	1664	+	(a) $2,000 for a class A misdemeanor;
1663	1665		818
1664		-	(a) $~~2,000~~ for a class A misdemeanor;
	1666	+	(b) $700 for a class B misdemeanor;
1665	1667		819
1666		-	(b) $~~700~~ for a class B misdemeanor;
	1668	+	(c) $350 for a class C misdemeanor; and
1667	1669		820
1668		-	(c) $~~350~~ for ~~a class C misdemeanor; and~~
	1670	+	(d) $130 for an infraction.
1669	1671		821
1670		-	(d) ~~$130~~ for ~~an infraction.~~
	1672	+	(3) For a violation of a local ordinance, the default amount for a financial condition is:
1671	1673		822
1672		-	(3) For a violation ~~of a local ordinance, the default amount for a financial condition is:~~
	1674	+	(a) $150 for a class B violation;
1673	1675		823
1674		-	(a) $~~150~~ for a class B violation;
	1676	+	(b) $80 for a class C violation; and
1675	1677		824
1676		-	(b) $80 for ~~a class C violation; and~~
	1678	+	(c) $25 for an infraction.
1677	1679		825
1678		-	~~(c) $25~~ ~~for an infraction.~~
	1680	+	Section 8. Section 77-20-206 is amended to read:
1679	1681		826
1680		-	~~Section 8. Section~~ 77-20-206 ~~is amended to read:~~
	1682	+	77-20-206 . Motion for pretrial detention -- Pretrial detention hearing --
1681	1683		827
1682		-	~~77-20-206 . Motion~~ for ~~pretrial detention -- Pretrial detention hearing --~~
	1684	+	Requirements for no bail holds.
1683	1685		828
1684		-	~~Requirements for no bail holds.~~
	1686	+	(1)(a) If the criminal charges filed against an individual include one or more offenses
1685	1687		829
1686		-	(1)~~(a) If the criminal charges filed against an individual include one~~ or ~~more offenses~~
	1688	+	eligible for detention under Subsection 77-20-201(1) or Utah Constitution, Article I,
1687	1689		830
1688		-	~~eligible~~ for detention ~~under Subsection 77-20-201(1) or Utah Constitution, Article I,~~
	1690	+	Section 8, the prosecuting attorney may make a motion for pretrial detention.
1689	1691		831
1690		-	~~Section 8,~~ the prosecuting attorney ~~may make a~~ motion for ~~pretrial detention.~~
	1692	+	(b) A prosecuting attorney shall not omit from the prosecuting attorney's motion for
1691	1693		832
1692		-	~~(b) A prosecuting attorney shall not omit from~~ the prosecuting attorney~~'s motion for~~
	1694	+	pretrial detention any material information that is known to the prosecuting attorney
1693	1695		833
1694		-	~~pretrial detention any material information that is known~~ to the ~~prosecuting attorney~~
	1696	+	to be favorable to the individual.
1695	1697		834
1696		-	~~to be favorable to~~ the ~~individual.~~
	1698	+	(c) The motion for pretrial detention may include proposed factual findings for the court
1697	1699		835
1698		-	~~(c) The motion for pretrial detention may include proposed factual findings for the court~~
	1700	+	to adopt.
1699	1701		836
1700		-	~~to adopt.~~
	1702	+	[(b)] (d) Upon receiving a motion for pretrial detention under Subsection (1)(a), the
1701	1703		837
1702		-	~~[(b)] (d) Upon receiving~~ a ~~motion for~~ pretrial detention ~~under~~ Subsection (1)~~(a), the~~
	1704	+	judge shall set a pretrial detention hearing in accordance with Subsection (2).
1703	1705		838
1704		-	~~judge shall set~~ a pretrial ~~detention hearing in accordance with Subsection (2).~~
	1706	+	(2)(a) If a pretrial status order is not issued at an individual's first appearance and the
1705	1707		839
1706		-	~~(2)(a) If~~ a pretrial ~~status order is not issued~~ at ~~an individual's first appearance and the~~
	1708	+	individual remains detained, a pretrial detention hearing shall be held at the next
1707	1709		840
1708		-	~~individual remains detained, a pretrial detention~~ hearing ~~shall be held at the next~~
	1710	+	available court hearing that is:
1709	1711		841
1710		-	~~available court hearing that is:~~
	1712	+	[(a)] (i) no sooner than seven days from the day on which the defendant was arrested;
1711	1713		842
1712		-	~~[(a)] (i) no sooner than seven days from the day on which the defendant was arrested;~~
	1714	+	and
1713	1715		843
	1716	+	[(b)] (ii) no later than fourteen days from the day on which the defendant was arrested.
	1717	+	844
	1718	+	(b) A judge who is unable to hold a detention hearing within 14 days of the date of an
	1719	+	- 25 - 4th Sub. (Green) H.B. 562 03-05 16:53
	1720	+	845
	1721	+	individual's first appearance shall make a good faith effort to identify another judge
	1722	+	846
	1723	+	who has the ability to conduct the detention hearing within 14 days of the date of the
	1724	+	847
	1725	+	individual's first appearance.
	1726	+	848
	1727	+	(3)(a) An individual, who is the subject of a pretrial detention hearing, has the right to be
	1728	+	849
	1729	+	represented by counsel at the pretrial detention hearing.
	1730	+	850
	1731	+	(b) If a judge finds the individual is indigent under Section 78B-22-202, the judge shall
	1732	+	851
	1733	+	appoint counsel to represent the individual in accordance with Section 78B-22-203.
	1734	+	852
	1735	+	(4) At the pretrial detention hearing:
	1736	+	853
	1737	+	(a) the judge shall give both parties the opportunity to make arguments and to present
	1738	+	854
	1739	+	relevant evidence or information;
	1740	+	855
	1741	+	(b) the prosecuting attorney and the defendant have a right to subpoena witnesses to
	1742	+	856
	1743	+	testify; and
	1744	+	857
	1745	+	(c) the judge shall issue a pretrial status order in accordance with Subsection (5) and
	1746	+	858
	1747	+	Section 77-20-205.
	1748	+	859
	1749	+	(5) After hearing evidence on a motion for pretrial detention, and based on the totality of
	1750	+	860
	1751	+	the circumstances, a judge may order detention if:
	1752	+	861
	1753	+	(a) the individual is accused of committing an offense that qualifies for detention of the
	1754	+	862
	1755	+	individual under Subsection 77-20-201(1) or Utah Constitution, Article I, Section 8;
	1756	+	863
1714	1757		and
1715		-	- 25 - H.B. 562 Enrolled Copy
1716		-	844
1717		-	[(b)] (ii) no later than fourteen days from the day on which the defendant was arrested.
1718		-	845
1719		-	(b) A judge who is unable to hold a detention hearing within 14 days of the date of an
1720		-	846
1721		-	individual's first appearance shall make a good faith effort to identify another judge
1722		-	847
1723		-	who has the ability to conduct the detention hearing within 14 days of the date of the
1724		-	848
1725		-	individual's first appearance.
1726		-	849
1727		-	(3)(a) An individual, who is the subject of a pretrial detention hearing, has the right to be
1728		-	850
1729		-	represented by counsel at the pretrial detention hearing.
1730		-	851
1731		-	(b) If a judge finds the individual is indigent under Section 78B-22-202, the judge shall
1732		-	852
1733		-	appoint counsel to represent the individual in accordance with Section 78B-22-203.
1734		-	853
1735		-	(4) At the pretrial detention hearing:
1736		-	854
1737		-	(a) the judge shall give both parties the opportunity to make arguments and to present
1738		-	855
1739		-	relevant evidence or information;
1740		-	856
1741		-	(b) the prosecuting attorney and the defendant have a right to subpoena witnesses to
1742		-	857
1743		-	testify; and
1744		-	858
1745		-	(c) the judge shall issue a pretrial status order in accordance with Subsection (5) and
1746		-	859
1747		-	Section 77-20-205.
1748		-	860
1749		-	(5) After hearing evidence on a motion for pretrial detention, and based on the totality of
1750		-	861
1751		-	the circumstances, a judge may order detention if:
1752		-	862
1753		-	(a) the individual is accused of committing an offense that qualifies for detention of the
1754		-	863
1755		-	individual under Subsection 77-20-201(1) or Utah Constitution, Article I, Section 8;
1756	1758		864
1757		-	and
	1759	+	(b) the prosecuting attorney demonstrates substantial evidence to support the charge, and
1758	1760		865
1759		-	(b) ~~the prosecuting attorney demonstrates substantial evidence to support the charge, and~~
	1761	+	meets all additional evidentiary burdens required under Subsection 77-20-201(1) or
1760	1762		866
1761		-	~~meets all additional evidentiary burdens required under Subsection 77-20-201(1) or~~
	1763	+	Utah Constitution, Article I, Section 8.
1762	1764		867
1763		-	~~Utah Constitution,~~ ~~Article I,~~ ~~Section 8.~~
	1765	+	(6) An alleged victim has the right to be heard at a pretrial detention hearing on a motion
1764	1766		868
1765		-	~~(6) An alleged victim has the right to be heard at a~~ pretrial detention ~~hearing on a motion~~
	1767	+	for pretrial detention.
1766	1768		869
1767		-	~~for pretrial detention.~~
	1769	+	(7) If a defendant seeks to subpoena an alleged victim who did not willingly testify at the
1768	1770		870
1769		-	~~(7) If~~ a defendant ~~seeks to~~ subpoena ~~an alleged victim who did not willingly testify~~ at the
	1771	+	pretrial detention hearing, a defendant may issue a subpoena, at the conclusion of the
1770	1772		871
1771		-	pretrial detention hearing, ~~a defendant may issue~~ a ~~subpoena, at the conclusion of the~~
	1773	+	pretrial detention hearing, compelling the alleged victim to testify at a subsequent
1772	1774		872
1773		-	~~pretrial detention hearing, compelling~~ the ~~alleged victim to testify at a subsequent~~
	1775	+	hearing only if the judge finds that the testimony sought by the subpoena:
1774	1776		873
1775		-	~~hearing only if~~ the ~~judge finds that the testimony sought by the subpoena:~~
	1777	+	(a) is material to the substantial evidence or clear and convincing evidence
1776	1778		874
1777		-	~~(a) is material~~ to ~~the substantial evidence or clear and convincing evidence~~
	1779	+	determinations described in Section 77-20-201 in light of all information presented to
1778	1780		875
1779		-	~~determinations described in Section 77-20-201 in light of all information presented to~~
	1781	+	the court; and
1780	1782		876
1781		-	the ~~court; and~~
	1783	+	(b) would not unnecessarily intrude on the rights of the victim or place an undue burden
1782	1784		877
1783		-	(b) would not unnecessarily intrude on the rights of the victim or place an undue burden
1784		-	- 26 - Enrolled Copy H.B. 562
	1785	+	on the victim.
1785	1786		878
1786		-	on the victim.
	1787	+	Section 9. Section 77-20-207 is amended to read:
	1788	+	- 26 - 03-05 16:53 4th Sub. (Green) H.B. 562
1787	1789		879
1788		-	~~Section 9. Section~~ 77-20-207 ~~is amended~~ to ~~read:~~
	1790	+	77-20-207 . Modification of pretrial status order -- Failure to appear.
1789	1791		880
1790		-	~~77-20-207 . Modification of~~ pretrial status order ~~-- Failure to appear.~~
	1792	+	(1) A party may move to modify a pretrial status order:
1791	1793		881
1792		-	(1) ~~A party may move to modify~~ a pretrial status order:
	1794	+	(a) at any time after a pretrial status order is issued; and
1793	1795		882
1794		-	(a) ~~at any time after~~ a ~~pretrial status order is issued;~~ ~~and~~
	1796	+	(b) only upon a showing that there has been a material change in circumstances.
1795	1797		883
1796		-	(b) ~~only upon~~ a ~~showing that there has been~~ a ~~material change in circumstances.~~
	1798	+	(2)(a) Notwithstanding Subsection (1), a defendant may move to modify a pretrial status
1797	1799		884
1798		-	~~(2)(a) Notwithstanding Subsection (1), a defendant may move to modify a pretrial status~~
	1800	+	order if:
1799	1801		885
1800		-	~~order if:~~
	1802	+	(i) the magistrate or judge imposed a financial condition as a condition of release in
1801	1803		886
1802		-	~~(i)~~ the ~~magistrate or judge imposed a financial condition as a condition of release in~~
	1804	+	the pretrial status order; and
1803	1805		887
1804		-	the ~~pretrial status order;~~ ~~and~~
	1806	+	(ii) the defendant is unable to pay the financial condition within seven days after the
1805	1807		888
1806		-	~~(ii)~~ the ~~defendant~~ is ~~unable to pay the financial condition within seven days after the~~
	1808	+	day on which the pretrial status order is issued.
1807	1809		889
1808		-	~~day on which the pretrial status order~~ is ~~issued.~~
	1810	+	(b) For a motion under Subsection (2)(a), there is a rebuttable presumption that the
1809	1811		890
1810		-	~~(b) For a motion under Subsection (2)(a), there is a rebuttable presumption that~~ the
	1812	+	defendant does not have the ability to pay the financial condition.
1811	1813		891
1812		-	~~defendant does not have~~ the ~~ability to pay~~ the ~~financial condition.~~
	1814	+	(3)(a) If a party makes a motion to modify the pretrial status order, the party shall
1813	1815		892
1814		-	~~(3)(a) If a~~ party ~~makes a motion~~ to ~~modify~~ the ~~pretrial status order, the~~ party ~~shall~~
	1816	+	provide notice to the opposing party sufficient to permit the opposing party to prepare
1815	1817		893
1816		-	~~provide notice to the opposing party sufficient~~ to permit ~~the opposing party~~ to ~~prepare~~
	1818	+	for a hearing and to permit each alleged victim to be notified and be present.
1817	1819		894
1818		-	~~for~~ a hearing ~~and~~ to ~~permit each alleged victim to~~ be ~~notified and be present.~~
	1820	+	(b) A hearing on a motion to modify a pretrial status order may be held in conjunction
1819	1821		895
1820		-	~~(b)~~ A hearing ~~on a motion to modify a~~ pretrial ~~status order may be held in conjunction~~
	1822	+	with a preliminary hearing or any other pretrial hearing.
1821	1823		896
1822		-	~~with~~ a ~~preliminary hearing or any other~~ pretrial ~~hearing.~~
	1824	+	(4) In ruling upon a motion to modify a pretrial status order, the judge may:
1823	1825		897
1824		-	(4) In ~~ruling upon a motion to modify a pretrial status order, the judge may:~~
	1826	+	(a) rely on information as provided in Subsection 77-20-205(8);
1825	1827		898
1826		-	(a) ~~rely~~ on ~~information~~ as ~~provided in Subsection 77-20-205(8);~~
	1828	+	(b) base the judge's ruling on evidence provided at the hearing so long as each party is
1827	1829		899
1828		-	~~(b) base the judge's ruling on~~ evidence ~~provided at the hearing so long as each party is~~
	1830	+	provided an opportunity to present additional evidence or information relevant to
1829	1831		900
1830		-	~~provided an opportunity to present additional evidence or information relevant to~~
	1832	+	pretrial release; and
1831	1833		901
1832		-	pretrial ~~release; and~~
	1834	+	(c)(i) for a motion to modify a pretrial status order under Subsection (1), modify the
1833	1835		902
1834		-	~~(c)(i) for a motion to modify a~~ pretrial status order ~~under Subsection (1)~~, ~~modify~~ the
	1836	+	pretrial status order, including the conditions of release, upon a finding that there
1835	1837		903
1836		-	~~pretrial status order, including the conditions of release, upon~~ a ~~finding that there~~
	1838	+	has been a material change in circumstances; or
1837	1839		904
1838		-	~~has been~~ a ~~material change in circumstances;~~ or
	1840	+	(ii) for a motion to modify a pretrial status order under Subsection (2), modify the
1839	1841		905
1840		-	~~(ii) for a motion to modify a~~ pretrial status order ~~under Subsection (2), modify~~ the
	1842	+	pretrial status order by reducing the amount of the financial condition or imposing
1841	1843		906
1842		-	~~pretrial status order by reducing~~ the ~~amount of the financial condition or imposing~~
	1844	+	nonfinancial conditions of release upon a finding that the defendant is unable to
1843	1845		907
1844		-	~~nonfinancial conditions~~ of ~~release upon a finding that~~ the ~~defendant is unable to~~
	1846	+	pay the amount of the financial condition in the pretrial status order.
1845	1847		908
1846		-	~~pay the amount of the financial condition~~ in ~~the~~ pretrial status order.
	1848	+	(5) In modifying a pretrial status order upon a motion by a party or on the court's own
1847	1849		909
1848		-	~~(5) In modifying a pretrial status order upon a~~ motion ~~by a party or on~~ the court~~'s own~~
	1850	+	motion, the court shall consider whether imposing a bail bond as a condition of release
1849	1851		910
1850		-	~~motion,~~ the ~~court shall consider whether imposing a bail bond as a condition~~ of ~~release~~
	1852	+	in a modified pretrial status order will increase the likelihood of the defendant's
1851	1853		911
1852		-	in a modified pretrial status order will increase the likelihood of the defendant's
1853		-	- 27 - H.B. 562 Enrolled Copy
	1854	+	appearance when:
1854	1855		912
1855		-	appearance when:
	1856	+	(a) the defendant was previously released on the defendant's own recognizance or on
	1857	+	- 27 - 4th Sub. (Green) H.B. 562 03-05 16:53
1856	1858		913
1857		-	~~(a) the defendant was previously released on the defendant's own recognizance or on~~
	1859	+	nonfinancial conditions;
1858	1860		914
1859		-	~~nonfinancial conditions;~~
	1861	+	(b) the defendant willfully failed to appear at a required court appearance or has failed to
1860	1862		915
1861		-	~~(b) the defendant willfully failed to~~ appear at a required court appearance ~~or has failed to~~
	1863	+	appear at a required court appearance more than once; and
1862	1864		916
1863		-	~~appear at~~ a ~~required court appearance more than once; and~~
	1865	+	(c) a bench warrant was issued.
1864	1866		917
1865		-	(c) a ~~bench warrant was issued.~~
	1867	+	(6) A court may not modify a pretrial status order to a no bail hold solely on the basis of a
1866	1868		918
1867		-	~~(6) A court may not modify a pretrial status order~~ to ~~a no bail hold solely on the basis of a~~
	1869	+	failure to appear.
1868	1870		919
1869		-	~~failure~~ to ~~appear.~~
	1871	+	[(6)] (7) Subsections 77-20-205(3) through [(10)] (11) apply to a determination about pretrial
1870	1872		920
1871		-	~~[(6)] (7) Subsections 77-20-205(3) through [(10)] (11) apply to~~ a ~~determination about~~ pretrial
	1873	+	release in a modified pretrial status order.
1872	1874		921
1873		-	~~release in a modified pretrial status order.~~
	1875	+	Section 10. Section 77-27-5 is amended to read:
1874	1876		922
1875		-	~~Section 10. Section~~ 77-27-5 ~~is amended to read:~~
	1877	+	77-27-5 . Board of Pardons and Parole authority.
1876	1878		923
1877		-	~~77-27-5 . Board~~ of ~~Pardons~~ and ~~Parole authority.~~
	1879	+	(1)(a) Subject to this chapter and other laws of the state, and except for a conviction for
1878	1880		924
1879		-	~~(1)(a) Subject to this chapter and other laws of~~ the ~~state,~~ and ~~except for a conviction for~~
	1881	+	treason or impeachment, the board shall determine by majority decision when and
1880	1882		925
1881		-	~~treason~~ or ~~impeachment, the board shall determine by majority decision when and~~
	1883	+	under what conditions an offender's conviction may be pardoned or commuted.
1882	1884		926
1883		-	under what conditions an ~~offender's conviction may be pardoned or commuted.~~
	1885	+	(b) The board shall determine by majority decision when and under what conditions an
1884	1886		927
1885		-	~~(b) The board shall determine by majority decision when and under what conditions an~~
	1887	+	offender committed to serve a sentence at a penal or correctional facility, which is
1886	1888		928
1887		-	~~offender committed to serve a sentence at a penal or correctional facility~~, ~~which is~~
	1889	+	under the jurisdiction of the department, may:
1888	1890		929
1889		-	~~under the jurisdiction of the department, may:~~
	1891	+	(i) be released upon parole;
1890	1892		930
1891		-	(i) ~~be released upon parole~~;
	1893	+	(ii) have a fine or forfeiture remitted;
1892	1894		931
1893		-	(ii) have ~~a fine or forfeiture~~ remitted;
	1895	+	(iii) have the offender's criminal accounts receivable remitted in accordance with
1894	1896		932
1895		-	~~(iii) have the offender's criminal accounts receivable remitted in accordance with~~
	1897	+	Section 77-32b-105 or 77-32b-106;
1896	1898		933
1897		-	Section ~~77-32b-105 or 77-32b-106;~~
	1899	+	(iv) have the offender's payment schedule modified in accordance with Section
1898	1900		934
1899		-	~~(iv) have the offender's payment schedule modified in accordance with Section~~
	1901	+	77-32b-103; or
1900	1902		935
1901		-	~~77-32b-103; or~~
	1903	+	(v) have the offender's sentence terminated.
1902	1904		936
1903		-	(v) ~~have~~ the ~~offender's sentence terminated.~~
	1905	+	(c) The board shall prioritize public safety when making a determination under
1904	1906		937
1905		-	(c) ~~The board shall prioritize public safety when making a determination under~~
	1907	+	Subsection (1)(a) or (1)(b).
1906	1908		938
1907		-	~~Subsection~~ (1)(a) or ~~(1)(b)~~.
	1909	+	(d)(i) The board may sit together or in panels to conduct hearings.
1908	1910		939
1909		-	(~~d)(i~~) The ~~board may sit together or~~ in ~~panels to conduct hearings.~~
	1911	+	(ii) The chair shall appoint members to the panels in any combination and in
1910	1912		940
1911		-	~~(ii)~~ The ~~chair shall appoint members to the panels~~ in ~~any combination and in~~
	1913	+	accordance with rules made by the board in accordance with Title 63G, Chapter 3,
1912	1914		941
1913		-	~~accordance with rules made by the board in accordance with Title 63G, Chapter 3,~~
	1915	+	Utah Administrative Rulemaking Act.
1914	1916		942
1915		-	~~Utah Administrative Rulemaking Act~~.
	1917	+	(iii) The chair may participate on any panel and when doing so is chair of the panel.
1916	1918		943
1917		-	(~~iii~~) The ~~chair may participate on any panel and when doing so is~~ chair of the panel.
	1919	+	(iv) The chair of the board may designate the chair for any other panel.
1918	1920		944
1919		-	(iv) ~~The chair of~~ the board ~~may designate~~ the ~~chair for any other panel.~~
	1921	+	(e)(i) Except after a hearing before the board, or the board's appointed examiner, in
1920	1922		945
1921		-	(e)(i) Except after a hearing before the board, or the board's appointed examiner, in
1922		-	- 28 - Enrolled Copy H.B. 562
	1923	+	an open session, the board may not:
1923	1924		946
1924		-	an open session, the board may not:
	1925	+	(A) remit a fine or forfeiture for an offender or the offender's criminal accounts
	1926	+	- 28 - 03-05 16:53 4th Sub. (Green) H.B. 562
1925	1927		947
1926		-	~~(A) remit a fine or forfeiture for an offender or the offender's criminal accounts~~
	1928	+	receivable;
1927	1929		948
1928		-	~~receivable~~;
	1930	+	(B) release the offender on parole; or
1929	1931		949
1930		-	(B) ~~release the~~ offender ~~on parole; or~~
	1932	+	(C) commute, pardon, or terminate an offender's sentence.
1931	1933		950
1932		-	(C) ~~commute, pardon, or terminate~~ an ~~offender's sentence.~~
	1934	+	(ii) An action taken under this Subsection (1) other than by a majority of the board
1933	1935		951
1934		-	~~(ii) An action taken under this Subsection (1) other than~~ by a majority of the board
	1936	+	shall be affirmed by a majority of the board.
1935	1937		952
1936		-	~~shall~~ be ~~affirmed by~~ a ~~majority of~~ the board.
	1938	+	(f) A commutation or pardon may be granted only after a full hearing before the board.
1937	1939		953
1938		-	(f) A ~~commutation or pardon may be granted only after a full hearing before~~ the ~~board.~~
	1940	+	(2)(a) In the case of a hearing, timely prior notice of the time and location of the hearing
1939	1941		954
1940		-	~~(2)(a) In~~ the ~~case of a hearing, timely prior notice of the time and location of the hearing~~
	1942	+	shall be given to the offender.
1941	1943		955
1942		-	~~shall be given to~~ the ~~offender.~~
	1944	+	(b) The county or district attorney's office responsible for prosecution of the case, the
1943	1945		956
1944		-	~~(b) The county or district attorney's office~~ responsible for ~~prosecution of~~ the ~~case, the~~
	1946	+	sentencing court, and law enforcement officials responsible for the defendant's arrest
1945	1947		957
1946		-	~~sentencing court,~~ and ~~law enforcement officials responsible for~~ the ~~defendant~~'s ~~arrest~~
	1948	+	and conviction shall be notified of any board hearings through the board's website.
1947	1949		958
1948		-	~~and conviction~~ shall be ~~notified of any board hearings through the board's website.~~
	1950	+	(c) Whenever possible, the victim or the victim's representative, if designated, shall be
1949	1951		959
1950		-	~~(c) Whenever possible,~~ ~~the victim or the victim's representative,~~ if ~~designated, shall be~~
	1952	+	notified of original hearings and any hearing after that if notification is requested and
1951	1953		960
1952		-	~~notified of original hearings and any hearing after that if notification is requested and~~
	1954	+	current contact information has been provided to the board.
1953	1955		961
1954		-	~~current contact information has been provided~~ to the ~~board.~~
	1956	+	(d)(i) Notice to the victim or the victim's representative shall include information
1955	1957		962
1956		-	~~(d)(i) Notice to~~ the ~~victim or the victim's representative shall include information~~
	1958	+	provided in Section 77-27-9.5, and any related rules made by the board under that
1957	1959		963
1958		-	~~provided in~~ Section ~~77-27-9~~.~~5, and any related rules made by the board under that~~
	1960	+	section.
1959	1961		964
1960		-	~~section.~~
	1962	+	(ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
1961	1963		965
1962		-	~~(ii)~~ The ~~information under Subsection (2)(d)(i) shall be provided in terms that are~~
	1964	+	reasonable for the lay person to understand.
1963	1965		966
1964		-	~~reasonable~~ for the ~~lay person to understand.~~
	1966	+	(3)(a) A decision by the board is final and not subject for judicial review if the decision
1965	1967		967
1966		-	~~(3)(a) A decision by the board~~ is ~~final and not subject for judicial review if the decision~~
	1968	+	is regarding:
1967	1969		968
1968		-	~~is regarding:~~
	1970	+	(i) a pardon, parole, commutation, or termination of an offender's sentence;
1969	1971		969
1970		-	(i) ~~a pardon~~, ~~parole, commutation, or termination~~ of an offender's ~~sentence;~~
	1972	+	(ii) restitution, the modification of an offender's payment schedule for restitution, or
1971	1973		970
1972		-	~~(ii) restitution, the modification of~~ an ~~offender's payment schedule~~ for ~~restitution,~~ or
	1974	+	an order for costs; or
1973	1975		971
1974		-	an ~~order for costs;~~ or
	1976	+	(iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
1975	1977		972
1976		-	(~~iii~~) the ~~remission of an offender's criminal accounts receivable or a fine or forfeiture.~~
	1978	+	(b) Deliberative processes are not public and the board is exempt from Title 52, Chapter
1977	1979		973
1978		-	~~(b) Deliberative processes are not~~ public ~~and~~ the board is ~~exempt from Title 52, Chapter~~
	1980	+	4, Open and Public Meetings Act, when the board is engaged in the board's
1979	1981		974
1980		-	~~4, Open and Public Meetings Act, when the board is engaged in the board's~~
	1982	+	deliberative process.
1981	1983		975
1982		-	deliberative process.
	1984	+	(c) Pursuant to Subsection 63G-2-103(25)(b)(xi), records of the deliberative process are
1983	1985		976
1984		-	~~(c) Pursuant to Subsection~~ 63G-2~~-103(25)(b)(xi)~~, records ~~of the deliberative process are~~
	1986	+	exempt from Title 63G, Chapter 2, Government Records Access and Management
1985	1987		977
1986		-	~~exempt from Title 63G, Chapter 2, Government Records Access and Management~~
	1988	+	Act.
1987	1989		978
1988		-	~~Act.~~
	1990	+	(d) Unless it will interfere with a constitutional right, deliberative processes are not
1989	1991		979
1990		-	(d) Unless it will interfere with a constitutional right, deliberative processes are not
1991		-	- 29 - H.B. 562 Enrolled Copy
	1992	+	subject to disclosure, including discovery.
1992	1993		980
1993		-	subject to disclosure, including discovery.
	1994	+	(e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
	1995	+	- 29 - 4th Sub. (Green) H.B. 562 03-05 16:53
1994	1996		981
1995		-	(e) ~~Nothing in~~ this ~~section prevents~~ the ~~obtaining or enforcement of a civil judgment.~~
	1997	+	(4)(a) This chapter may not be construed as a denial of or limitation of the governor's
1996	1998		982
1997		-	~~(4)(a) This chapter may not be construed as a denial~~ of ~~or limitation of~~ the ~~governor's~~
	1999	+	power to grant respite or reprieves in all cases of convictions for offenses against the
1998	2000		983
1999		-	~~power to grant respite~~ or ~~reprieves in all cases of convictions for offenses against the~~
	2001	+	state, except treason or conviction on impeachment.
2000	2002		984
2001		-	~~state~~, ~~except treason~~ or ~~conviction on impeachment.~~
	2003	+	(b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
2002	2004		985
2003		-	~~(b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond~~ the
	2005	+	next session of the board.
2004	2006		986
2005		-	next session of the board.
	2007	+	(c) At the next session of the board, the board:
2006	2008		987
2007		-	(c) At the ~~next session of the board, the board:~~
	2009	+	(i) shall continue or terminate the respite or reprieve; or
2008	2010		988
2009		-	(i) ~~shall continue~~ or ~~terminate~~ the ~~respite or reprieve; or~~
	2011	+	(ii) may commute the punishment or pardon the offense as provided.
2010	2012		989
2011		-	(ii) may ~~commute~~ the ~~punishment or pardon the offense as provided.~~
	2013	+	(d) In the case of conviction for treason, the governor may suspend execution of the
2012	2014		990
2013		-	~~(d) In~~ the case ~~of conviction for treason,~~ the ~~governor may suspend execution of~~ the
	2015	+	sentence until the case is reported to the Legislature at the Legislature's next session.
2014	2016		991
2015		-	~~sentence until the case is reported to~~ the Legislature at the ~~Legislature~~'s ~~next session.~~
	2017	+	(e) The Legislature shall pardon or commute the sentence or direct the sentence's
2016	2018		992
2017		-	~~(e) The Legislature shall pardon or commute the sentence or direct the sentence's~~
	2019	+	execution.
2018	2020		993
2019		-	~~execution.~~
	2021	+	(5)(a) In determining when, where, and under what conditions an offender serving a
2020	2022		994
2021		-	~~(5)(a) In determining when~~, ~~where~~, ~~and under what conditions an offender serving a~~
	2023	+	sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the
2022	2024		995
2023		-	~~sentence may be paroled or pardoned, have a fine or forfeiture~~ remitted, have the
	2025	+	offender's criminal accounts receivable remitted, or have the offender's sentence
2024	2026		996
2025		-	~~offender's criminal accounts receivable remitted,~~ or ~~have~~ the ~~offender's sentence~~
	2027	+	commuted or terminated, the board shall:
2026	2028		997
2027		-	~~commuted or terminated,~~ the ~~board shall:~~
	2029	+	(i) consider whether the offender has made restitution ordered by the court under
2028	2030		998
2029		-	~~(i) consider whether the offender has made~~ restitution ~~ordered by the court under~~
	2031	+	Section 77-38b-205, or is prepared to pay restitution as a condition of any parole,
2030	2032		999
2031		-	~~Section 77-38b-205~~, or ~~is prepared to pay restitution as~~ a ~~condition of any parole,~~
	2033	+	pardon, remission of a criminal accounts receivable or a fine or forfeiture, or a
2032	2034		1000
2033		-	~~pardon, remission~~ of ~~a criminal accounts receivable or a fine or forfeiture, or a~~
	2035	+	commutation or termination of the offender's sentence;
2034	2036		1001
2035		-	~~commutation or termination~~ of ~~the offender's sentence;~~
	2037	+	(ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
2036	2038		1002
2037		-	~~(ii) except as provided in~~ Subsection (5)~~(b), develop and use a list of criteria for~~
	2039	+	making determinations under this Subsection (5);
2038	2040		1003
2039		-	~~making determinations under this Subsection (5);~~
	2041	+	(iii) consider information provided by the department regarding an offender's
2040	2042		1004
2041		-	~~(iii) consider information provided by the department regarding an offender's~~
	2043	+	individual case action plan; and
2042	2044		1005
2043		-	~~individual case action plan;~~ ~~and~~
	2045	+	(iv) review an offender's status within 60 days after the day on which the board
2044	2046		1006
2045		-	~~(iv) review an offender's status within 60 days after~~ the ~~day on which~~ the ~~board~~
	2047	+	receives notice from the department that the offender has completed all of the
2046	2048		1007
2047		-	~~receives notice from the department~~ that ~~the offender has completed all of the~~
	2049	+	offender's case action plan components that relate to activities that can be
2048	2050		1008
2049		-	offender~~'s case action plan components that relate to activities that can be~~
	2051	+	accomplished while the offender is imprisoned.
2050	2052		1009
2051		-	~~accomplished while~~ the offender ~~is imprisoned.~~
	2053	+	(b) The board shall determine whether to remit an offender's criminal accounts
2052	2054		1010
2053		-	(b) ~~The board shall determine whether to remit an offender's criminal accounts~~
	2055	+	receivable under this Subsection (5) in accordance with Section 77-32b-105 or
2054	2056		1011
2055		-	~~receivable under this Subsection (5) in accordance with Section~~ 77-32b-~~105 or~~
	2057	+	77-32b-106.
2056	2058		1012
2057		-	~~77-32b-106.~~
	2059	+	(6) In determining whether parole may be terminated, the board shall consider:
2058	2060		1013
2059		-	(6) In determining whether parole may be terminated, the board shall consider:
2060		-	- 30 - Enrolled Copy H.B. 562
	2061	+	(a) the offense committed by the parolee; and
2061	2062		1014
2062		-	(a) the offense committed by the parolee; and
	2063	+	(b) the parole period under Section 76-3-202, and in accordance with Section 77-27-13.
	2064	+	- 30 - 03-05 16:53 4th Sub. (Green) H.B. 562
2063	2065		1015
2064		-	(b) the ~~parole period under Section 76-3-202, and in accordance with Section 77-27-13.~~
	2066	+	(7) For an offender placed on parole after December 31, 2018, the board shall terminate
2065	2067		1016
2066		-	~~(7) For an offender placed on~~ parole ~~after December 31, 2018,~~ the ~~board shall terminate~~
	2068	+	parole in accordance with the adult sentencing and supervision length guidelines, as
2067	2069		1017
2068		-	~~parole~~ in ~~accordance~~ with the ~~adult sentencing and supervision length guidelines, as~~
	2070	+	defined in Section 63M-7-401.1, to the extent the guidelines are consistent with the
2069	2071		1018
2070		-	~~defined in Section 63M-7-401.1, to~~ the ~~extent the guidelines are consistent with the~~
	2072	+	requirements of the law.
2071	2073		1019
2072		-	~~requirements of~~ the ~~law.~~
	2074	+	(8) The board may not rely solely on an algorithm or a risk assessment tool score in
2073	2075		1020
2074		-	~~(8) The board may not rely solely on~~ an ~~algorithm or a risk assessment tool score in~~
	2076	+	determining whether parole should be granted or terminated for an offender.
2075	2077		1021
2076		-	~~determining whether parole should be granted~~ or ~~terminated for an offender.~~
	2078	+	(9) The board may intervene as a limited-purpose party in a judicial or administrative
2077	2079		1022
2078		-	~~(9) The board may intervene as~~ a ~~limited-purpose party in a judicial or administrative~~
	2080	+	proceeding, including a criminal action, to seek:
2079	2081		1023
2080		-	~~proceeding, including a criminal action,~~ ~~to seek:~~
	2082	+	(a) correction of an order that has or will impact the board's jurisdiction; or
2081	2083		1024
2082		-	(a) ~~correction of~~ an order that ~~has or will~~ impact the board's jurisdiction~~; or~~
	2084	+	(b) clarification regarding an order that may impact the board's jurisdiction.
2083	2085		1025
2084		-	(b) ~~clarification regarding an order that may impact the board's jurisdiction.~~
	2086	+	(10) A motion to intervene brought under Subsection [(8)(a)] (9)(a) shall be raised within 60
2085	2087		1026
2086		-	~~(10)~~ A ~~motion to intervene brought under Subsection [(8)(a)] (9)(a) shall be raised within 60~~
	2088	+	days after the day on which a court enters the order that impacts the board's jurisdiction.
2087	2089		1027
2088		-	~~days after the day on which a court enters the order that impacts the board's jurisdiction.~~
	2090	+	Section 11. Section 77-27-6.1 is amended to read:
2089	2091		1028
2090		-	~~Section 11. Section~~ 77-27-6.1 ~~is amended~~ to ~~read:~~
	2092	+	77-27-6.1 . Payment of a criminal accounts receivable -- Failure to enter an order
2091	2093		1029
2092		-	~~77-27-6.1 . Payment of~~ a criminal accounts receivable -- ~~Failure to enter an order~~
	2094	+	for restitution or create a criminal accounts receivable -- Modification of a criminal
2093	2095		1030
2094		-	~~for restitution or create a criminal~~ accounts receivable -- ~~Modification~~ of ~~a criminal~~
	2096	+	accounts receivable -- Order for recovery of costs or pecuniary damages.
2095	2097		1031
2096		-	~~accounts receivable -- Order~~ for ~~recovery of costs~~ or ~~pecuniary damages.~~
	2098	+	(1) For an offender sentenced on or after July 1, 2021:
2097	2099		1032
2098		-	(1) ~~For~~ an offender ~~sentenced on or after July 1~~, ~~2021:~~
	2100	+	(a) [When] when an offender is committed to prison, the board may require the offender
2099	2101		1033
2100		-	~~(a) [When] when an offender is committed~~ to ~~prison, the board may require~~ the offender
	2102	+	to pay the offender's criminal accounts receivable ordered by the court during the
2101	2103		1034
2102		-	~~to pay the offender's criminal accounts receivable ordered by the court during the~~
	2104	+	period of incarceration or parole supervision[.] ;
2103	2105		1035
2104		-	~~period~~ of ~~incarceration or~~ parole ~~supervision[.] ;~~
	2106	+	[(2)] (b) [If] if the board orders the release of an offender on parole and there is an unpaid
2105	2107		1036
2106		-	~~[(2)] (b) [If] if~~ the board ~~orders~~ the ~~release of an offender on parole and there is an unpaid~~
	2108	+	balance on the offender's criminal accounts receivable, the board may modify the
2107	2109		1037
2108		-	~~balance on~~ the offender's criminal accounts receivable~~, the board may modify the~~
	2110	+	payment schedule entered by the court for the offender's criminal accounts receivable
2109	2111		1038
2110		-	~~payment schedule entered by the court for the offender's criminal accounts receivable~~
	2112	+	in accordance with Section 77-32b-105[.] ;
2111	2113		1039
2112		-	~~in accordance with Section 77-32b-105~~[.] ;
	2114	+	[(3)] (c)[(a)] (i) [If] if the sentencing court has not entered an order of restitution for an
2113	2115		1040
2114		-	~~[(3)] (c)[(a)] (i) [If] if~~ the ~~sentencing court has not entered an order~~ of ~~restitution for an~~
	2116	+	offender who is under the jurisdiction of the board, the board shall refer the
2115	2117		1041
2116		-	offender ~~who is under~~ the ~~jurisdiction of~~ the ~~board, the board shall refer the~~
	2118	+	offender's case to the sentencing court, within the time periods described in
2117	2119		1042
2118		-	~~offender's case~~ to ~~the sentencing court,~~ ~~within~~ the ~~time periods described~~ in
	2120	+	Section 77-38b-205, to enter an order for restitution for the offender in accordance
2119	2121		1043
2120		-	Section 77-38b-205~~, to enter an order for restitution for the offender in accordance~~
	2122	+	with Section 77-38b-205[.] ; and
2121	2123		1044
2122		-	~~with Section 77-38b-205~~[.] ~~; and~~
	2124	+	[(b)] (ii) [If] if the sentencing court has not entered an order to establish a criminal
2123	2125		1045
2124		-	~~[(b)] (ii) [If] if~~ the ~~sentencing court has not entered an order to establish a criminal~~
	2126	+	accounts receivable for an offender who is under the jurisdiction of the board, the
2125	2127		1046
2126		-	~~accounts receivable for an offender who is under~~ the ~~jurisdiction of~~ the ~~board~~, the
	2128	+	board shall refer the offender's case to the sentencing court, within the time
2127	2129		1047
2128		-	board shall refer the offender's case to the sentencing court, within the time
2129		-	- 31 - H.B. 562 Enrolled Copy
	2130	+	periods described in Section 77-38b-205, to enter an order to establish a criminal
2130	2131		1048
2131		-	periods described in Section 77-38b-205, to enter an order to establish a criminal
	2132	+	accounts receivable for the offender in accordance with Section 77-32b-103[.] ; and
	2133	+	- 31 - 4th Sub. (Green) H.B. 562 03-05 16:53
2132	2134		1049
2133		-	accounts receivable ~~for the offender in accordance with Section 77-32b-103[.] ; and~~
	2135	+	[(4)] (d)[(a)] (i) [If] if there is a challenge to an offender's criminal accounts receivable,
2134	2136		1050
2135		-	~~[(4)] (d)[(a)] (i) [If] if there is a challenge to an~~ offender's ~~criminal accounts receivable~~,
	2137	+	the board shall refer the offender's case to the sentencing court, within the time
2136	2138		1051
2137		-	~~the board shall refer~~ the ~~offender's case~~ to the ~~sentencing court, within the time~~
	2139	+	periods described in Section 77-38b-205, to resolve the challenge to the criminal
2138	2140		1052
2139		-	~~periods described in Section 77-38b-205, to resolve the challenge to the criminal~~
	2141	+	accounts receivable[.] ; and
2140	2142		1053
2141		-	accounts receivable~~[.] ; and~~
	2143	+	[(b)] (ii) [If] if a sentencing court modifies a criminal accounts receivable after the
2142	2144		1054
2143		-	~~[(b)] (ii) [If] if a~~ sentencing court ~~modifies a criminal accounts receivable after~~ the
	2145	+	offender is committed to prison, the sentencing court shall provide notice to the
2144	2146		1055
2145		-	~~offender is committed to prison,~~ the ~~sentencing court shall provide notice to the~~
	2147	+	board of the modification.
2146	2148		1056
2147		-	~~board of the modification.~~
	2149	+	(2) For an offender sentenced before July 1, 2021:
2148	2150		1057
2149		-	(2) For ~~an offender sentenced before July 1, 2021:~~
	2151	+	(a) the board may impose any court order for restitution;
2150	2152		1058
2151		-	(a) the board may ~~impose any court order~~ for ~~restitution;~~
	2153	+	(b) the board may order that a defendant make restitution for pecuniary damages that
2152	2154		1059
2153		-	~~(b)~~ the board ~~may order~~ that ~~a defendant make~~ restitution ~~for pecuniary damages that~~
	2155	+	were not determined by the court, unless the board determines that restitution is
2154	2156		1060
2155		-	~~were not determined by~~ the ~~court, unless the board determines that restitution is~~
	2157	+	inappropriate based upon application of the following criteria:
2156	2158		1061
2157		-	~~inappropriate based upon application~~ of ~~the following criteria:~~
	2159	+	(i) if the offense resulted in damage to or loss or destruction of property of a victim of
2158	2160		1062
2159		-	~~(i) if~~ the ~~offense resulted in~~ damage to or loss ~~or destruction of property of a victim of~~
	2161	+	the offense, the cost of the damage or loss;
2160	2162		1063
2161		-	~~the offense,~~ the cost of ~~the damage or loss;~~
	2163	+	(ii) the cost of necessary medical and related professional services and devices
2162	2164		1064
2163		-	~~(ii) the cost of necessary medical~~ and ~~related professional services and devices~~
	2165	+	relating to physical or mental health care, including nonmedical care and
2164	2166		1065
2165		-	~~relating to physical or mental health care,~~ ~~including nonmedical care and~~
	2167	+	treatment rendered in accordance with a method of healing recognized by the law
2166	2168		1066
2167		-	~~treatment rendered in accordance with a method~~ of ~~healing recognized by the law~~
	2169	+	of the place of treatment;
2168	2170		1067
2169		-	of the ~~place~~ of ~~treatment~~;
	2171	+	(iii) the cost of necessary physical and occupational therapy and rehabilitation;
2170	2172		1068
2171		-	(~~iii~~) the ~~cost~~ of ~~necessary physical and occupational therapy and rehabilitation~~;
	2173	+	(iv) the income lost by the victim as a result of the offense;
2172	2174		1069
2173		-	(iv) the ~~income~~ lost ~~by the victim as a result~~ of ~~the offense;~~
	2175	+	(v) the individual victim's reasonable determinable wages lost due to theft of or
2174	2176		1070
2175		-	~~(v)~~ the ~~individual victim's reasonable determinable wages lost due to theft of or~~
	2177	+	damage to tools or equipment items of a trade that were owned by the victim and
2176	2178		1071
2177		-	~~damage~~ to ~~tools or equipment items of a trade that were owned by~~ the victim ~~and~~
	2179	+	were essential to the victim's current employment at the time of the offense;
2178	2180		1072
2179		-	~~were essential to~~ the ~~victim's current employment at the time~~ of the offense;
	2181	+	(vi) the cost of necessary funeral and related services if the offense resulted in the
2180	2182		1073
2181		-	~~(vi) the cost~~ of ~~necessary funeral~~ and ~~related services if the offense resulted in the~~
	2183	+	death of a victim; and
2182	2184		1074
2183		-	~~death of~~ a victim~~; and~~
	2185	+	(vii) expenses incurred by a victim in implementing reasonable security measures in
2184	2186		1075
2185		-	~~(vii) expenses incurred by a victim in implementing reasonable security measures in~~
	2187	+	response to the offense;
2186	2188		1076
2187		-	~~response to~~ the ~~offense;~~
	2189	+	(c) except as provided in Subsection (2)(d), the board shall make all orders of restitution
2188	2190		1077
2189		-	~~(c) except as provided in Subsection (2)(d),~~ the ~~board shall make all orders~~ of ~~restitution~~
	2191	+	within 60 days after the termination or expiration of the defendant's sentence;
2190	2192		1078
2191		-	~~within 60 days after the~~ termination or expiration of ~~the~~ defendant's sentence;
	2193	+	(d) if, upon termination or expiration of a defendant's sentence, the board has continuing
2192	2194		1079
2193		-	~~(d) if,~~ ~~upon termination or expiration of~~ a ~~defendant's sentence~~, the board ~~has continuing~~
	2195	+	jurisdiction over the defendant for a separate criminal offense, the board may defer
2194	2196		1080
2195		-	~~jurisdiction over the defendant for a separate criminal offense,~~ ~~the board may defer~~
	2197	+	making an order of restitution until 60 days after termination or expiration of all
2196	2198		1081
2197		-	making an order of restitution until 60 days after termination or expiration of all
2198		-	- 32 - Enrolled Copy H.B. 562
	2199	+	sentences for that defendant;
2199	2200		1082
2200		-	sentences for that defendant;
	2201	+	(e) if, upon termination or expiration of a defendant's sentence, the defendant owes
	2202	+	- 32 - 03-05 16:53 4th Sub. (Green) H.B. 562
2201	2203		1083
2202		-	~~(e) if~~, ~~upon termination~~ or ~~expiration of a defendant's sentence,~~ the ~~defendant owes~~
	2204	+	outstanding fines, restitution, or other assessed costs, or if the board makes an order
2203	2205		1084
2204		-	~~outstanding fines,~~ restitution, or ~~other assessed costs, or if~~ the ~~board makes an order~~
	2206	+	of restitution within 60 days after the termination or expiration of the defendant's
2205	2207		1085
2206		-	~~of restitution within 60 days after the termination or expiration of the defendant's~~
	2208	+	sentence:
2207	2209		1086
2208		-	~~sentence:~~
	2210	+	(i) the matter shall be referred to the district court for civil collection remedies;
2209	2211		1087
2210		-	(i) the ~~matter~~ shall ~~be referred~~ to the ~~district court for civil collection remedies;~~
	2212	+	(ii) the Board of Pardons and Parole shall forward a restitution order to the
2211	2213		1088
2212		-	~~(ii)~~ the ~~Board of Pardons and Parole shall forward~~ a ~~restitution order to the~~
	2214	+	sentencing court to be entered on the judgment docket as a civil judgment of
2213	2215		1089
2214		-	~~sentencing court to be entered on the judgment docket as a civil judgment of~~
	2216	+	restitution; and
2215	2217		1090
2216		-	~~restitution;~~ and
	2218	+	(iii) the judgment docket entry shall constitute a lien and is subject to the same rules
2217	2219		1091
2218		-	~~(iii) the~~ judgment ~~docket entry shall constitute~~ a ~~lien~~ and ~~is subject to the same rules~~
	2220	+	as a judgment for money in a civil judgment; and
2219	2221		1092
2220		-	~~as a judgment for money in a civil judgment;~~ ~~and~~
	2222	+	(f) if the board makes an order of restitution within 60 days after termination or
2221	2223		1093
2222		-	~~(f) if~~ the ~~board makes an order of restitution within 60~~ days after ~~termination or~~
	2224	+	expiration of the defendants sentence, a defendant shall have 90 days after the board
2223	2225		1094
2224		-	~~expiration of~~ the ~~defendant's sentence,~~ a ~~defendant shall have 90 days after the board~~
	2226	+	makes the order to file a petition for remittance in accordance with Section
2225	2227		1095
2226		-	~~makes the order to file a petition for remittance in accordance with Section~~
	2228	+	77-32b-106;
2227	2229		1096
2228		-	~~77-32b-106;~~
	2230	+	(i) if a defendant timely files a petition for remittance, the board shall forward any
2229	2231		1097
2230		-	~~(i) if a defendant timely files a petition for remittance,~~ the ~~board shall forward any~~
	2232	+	unpaid amount of the restitution to the trial court to be entered on the judgment
2231	2233		1098
2232		-	~~unpaid amount~~ of ~~the~~ restitution to the ~~trial court to be entered on the judgment~~
	2234	+	docket as a civil judgment of restitution within 30 days of resolving the
2233	2235		1099
2234		-	~~docket as a civil judgment of restitution within 30 days of resolving the~~
	2236	+	defendants petition; and
2235	2237		1100
2236		-	defendant's petition~~; and~~
	2238	+	(ii) if the defendant does not timely file a petition for remittance, the board shall
2237	2239		1101
2238		-	~~(ii) if~~ the ~~defendant does not timely file a petition for remittance,~~ the ~~board shall~~
	2240	+	forward the unpaid amount of restitution to the trial court to be entered on the
2239	2241		1102
2240		-	~~forward the unpaid amount~~ of restitution to the ~~trial court to be entered on the~~
	2242	+	judgment docket as a civil judgment of restitution within 30 days of the expiration
2241	2243		1103
2242		-	~~judgment docket as a civil judgment of restitution within 30 days~~ of the ~~expiration~~
	2244	+	of the time for the defendant to file the petition.
2243	2245		1104
2244		-	of the ~~time for~~ the ~~defendant to file the petition.~~
	2246	+	[(5)] (3) The board may enter an order to recover any cost or fee incurred by the department,
2245	2247		1105
2246		-	~~[(5)] (3)~~ The ~~board may enter an order to recover~~ any ~~cost~~ or ~~fee incurred by the department,~~
	2248	+	or the state or any other agency, arising out of the offender's needs or conduct.
2247	2249		1106
2248		-	~~or the state or any other agency,~~ ~~arising out of the offender's needs or conduct.~~
	2250	+	Section 12. Section 77-32b-103 is amended to read:
2249	2251		1107
2250		-	~~Section 12. Section~~ 77-32b-103 ~~is amended to read:~~
	2252	+	77-32b-103 . Establishment of a criminal accounts receivable -- Responsibility --
2251	2253		1108
2252		-	~~77-32b-103 . Establishment of a criminal accounts receivable -- Responsibility --~~
	2254	+	Payment schedule -- Delinquency or default.
2253	2255		1109
2254		-	~~Payment schedule --~~ ~~Delinquency~~ or ~~default.~~
	2256	+	(1)(a) Except as provided in Subsection (1)(b) and (c), at the time of sentencing or
2255	2257		1110
2256		-	~~(1)(~~a~~) Except as provided~~ in ~~Subsection (1)(b) and (c)~~, at the ~~time of sentencing or~~
	2258	+	acceptance of a plea in abeyance, the court shall enter an order to establish a criminal
2257	2259		1111
2258		-	~~acceptance of a plea in abeyance,~~ the ~~court shall enter an order to establish a criminal~~
	2260	+	accounts receivable for the defendant.
2259	2261		1112
2260		-	accounts receivable for the defendant.
	2262	+	(b) The court is not required to create a criminal accounts receivable for the defendant
2261	2263		1113
2262		-	(b) The court ~~is not required to create a criminal accounts receivable for~~ the defendant
	2264	+	under Subsection (1)(a) if the court finds that the defendant does not owe restitution
2263	2265		1114
2264		-	~~under Subsection (1)(a) if the court finds that~~ the defendant ~~does not owe restitution~~
	2266	+	and there are no other fines or fees to be assessed against the defendant.
2265	2267		1115
2266		-	and there are no other fines or fees to be assessed against the defendant.
2267		-	- 33 - H.B. 562 Enrolled Copy
	2268	+	(c) If the court does not create a criminal accounts receivable for a defendant under
2268	2269		1116
2269		-	(c) If the court does not create a criminal accounts receivable for a defendant under
	2270	+	Subsection (1)(a), the court shall enter an order to establish a criminal accounts
	2271	+	- 33 - 4th Sub. (Green) H.B. 562 03-05 16:53
2270	2272		1117
2271		-	~~Subsection (1)(a),~~ the court ~~shall enter~~ an order ~~to establish a criminal accounts~~
	2273	+	receivable for the defendant at the time the court enters an order for restitution under
2272	2274		1118
2273		-	~~receivable for the defendant at the time the court enters an order for restitution under~~
	2275	+	Section 77-38b-205.
2274	2276		1119
2275		-	~~Section 77-38b-205.~~
	2277	+	(2) [After] Except as provided in Subsection (7), after establishing a criminal accounts
2276	2278		1120
2277		-	~~(2) [After] Except as provided in Subsection (7), after establishing~~ a ~~criminal accounts~~
	2279	+	receivable for a defendant, the court shall:
2278	2280		1121
2279		-	~~receivable~~ for a defendant~~, the court shall~~:
	2281	+	(a) if a prison sentence is imposed and not suspended for the defendant:
2280	2282		1122
2281		-	(a) ~~if a prison sentence is imposed and not suspended~~ for the ~~defendant:~~
	2283	+	(i) accept any payment for the criminal accounts receivable that is tendered on the
2282	2284		1123
2283		-	~~(i) accept any payment for the criminal accounts receivable that is tendered on the~~
	2285	+	date of sentencing; and
2284	2286		1124
2285		-	~~date~~ of ~~sentencing;~~ and
	2287	+	(ii) transfer the responsibility of receiving, distributing, and processing payments for
2286	2288		1125
2287		-	~~(ii) transfer~~ the ~~responsibility~~ of ~~receiving, distributing,~~ and ~~processing payments for~~
	2289	+	the criminal accounts receivable to the Office of State Debt Collection; and
2288	2290		1126
2289		-	~~the criminal accounts receivable to the Office of State Debt Collection; and~~
	2291	+	(b) for all other cases:
2290	2292		1127
2291		-	(b) for ~~all other cases:~~
	2293	+	(i) retain the responsibility for receiving, processing, and distributing payments for
2292	2294		1128
2293		-	~~(i) retain~~ the ~~responsibility for receiving,~~ ~~processing, and distributing payments for~~
	2295	+	the criminal accounts receivable until the court enters a civil accounts receivable
2294	2296		1129
2295		-	~~the criminal accounts receivable until~~ the ~~court enters a~~ civil ~~accounts receivable~~
	2297	+	or civil judgment of restitution on the civil judgment docket under Subsection
2296	2298		1130
2297		-	or ~~civil judgment of restitution on the civil judgment docket under Subsection~~
	2299	+	77-18-114(1) or (2); and
2298	2300		1131
2299		-	~~77-18-114~~(1) ~~or (2); and~~
	2301	+	(ii) record each payment by the defendant on the case docket.
2300	2302		1132
2301		-	(ii) ~~record each payment by the defendant on the case docket.~~
	2303	+	(c) For a criminal accounts receivable that a court retains responsibility for receiving,
2302	2304		1133
2303		-	(c) ~~For a criminal accounts receivable that a court retains responsibility for receiving,~~
	2305	+	processing, and distributing payments under Subsection (2)(b)(i), the Judicial Council
2304	2306		1134
2305		-	~~processing, and distributing payments under Subsection (2)(b)(i),~~ the ~~Judicial Council~~
	2307	+	may establish rules to require a defendant to pay the cost, or a portion of the cost, for
2306	2308		1135
2307		-	~~may establish rules to require~~ a ~~defendant to pay~~ the ~~cost, or a portion~~ of ~~the cost, for~~
	2309	+	an electronic payment fee that is charged by a financial institution for the use of a
2308	2310		1136
2309		-	~~an electronic payment fee that is charged by a financial institution for~~ the ~~use of a~~
	2311	+	credit or debit card to make payments towards the criminal accounts receivable.
2310	2312		1137
2311		-	~~credit or debit card to make payments towards the~~ criminal accounts receivable.
	2313	+	(3)(a) Upon entering an order for a criminal accounts receivable, the court shall establish
2312	2314		1138
2313		-	~~(3)(~~a~~) Upon entering an order~~ for ~~a criminal accounts receivable,~~ the ~~court shall establish~~
	2315	+	a payment schedule for the defendant to make payments towards the criminal
2314	2316		1139
2315		-	~~a payment schedule for the defendant to make payments towards the criminal~~
	2317	+	accounts receivable.
2316	2318		1140
2317		-	~~accounts receivable.~~
	2319	+	(b) In establishing the payment schedule for the defendant, the court shall consider:
2318	2320		1141
2319		-	(b) ~~In establishing~~ the ~~payment schedule for~~ the ~~defendant,~~ the ~~court shall consider:~~
	2321	+	(i) the needs of the victim if the criminal accounts receivable includes an order for
2320	2322		1142
2321		-	~~(i) the needs of the victim if the criminal accounts receivable includes an order for~~
	2323	+	restitution under Section 77-38b-205;
2322	2324		1143
2323		-	~~restitution under Section 77-38b-205;~~
	2325	+	(ii) the financial resources of the defendant, as disclosed in the financial declaration
2324	2326		1144
2325		-	~~(ii) the financial resources of the defendant, as disclosed~~ in ~~the financial declaration~~
	2327	+	under Section 77-38b-204 or in evidence obtained by subpoena under Subsection
2326	2328		1145
2327		-	~~under Section~~ 77-38b-~~204 or in evidence obtained by subpoena under Subsection~~
	2329	+	77-38b-402(1)(b);
2328	2330		1146
2329		-	~~77-38b-402~~(1)~~(b);~~
	2331	+	(iii) the burden that the payment schedule will impose on the defendant regarding the
2330	2332		1147
2331		-	~~(iii) the burden that the payment schedule will impose on~~ the defendant ~~regarding the~~
	2333	+	other reasonable obligations of the defendant;
2332	2334		1148
2333		-	~~other reasonable obligations~~ of the defendant;
	2335	+	(iv) the ability of the defendant to pay restitution on an installment basis or on other
2334	2336		1149
2335		-	(iv) the ability of the defendant to pay restitution on an installment basis or on other
2336		-	- 34 - Enrolled Copy H.B. 562
	2337	+	conditions fixed by the court;
2337	2338		1150
2338		-	conditions fixed by the court;
	2339	+	(v) the rehabilitative effect on the defendant of the payment of restitution and method
	2340	+	- 34 - 03-05 16:53 4th Sub. (Green) H.B. 562
2339	2341		1151
2340		-	~~(v) the rehabilitative effect on the defendant~~ of ~~the~~ payment ~~of restitution~~ and ~~method~~
	2342	+	of payment; and
2341	2343		1152
2342		-	~~of payment;~~ ~~and~~
	2344	+	(vi) any other circumstance that the court determines is relevant.
2343	2345		1153
2344		-	(vi) ~~any other circumstance that~~ the court ~~determines~~ is ~~relevant.~~
	2346	+	(c) If the court is unable to determine the appropriate amount for the payment schedule
2345	2347		1154
2346		-	~~(c) If the court is unable to determine the appropriate~~ amount for the payment schedule
	2348	+	or does not set an amount for the payment schedule, the defendant is required to pay
2347	2349		1155
2348		-	~~or does not set an amount for~~ the ~~payment schedule,~~ ~~the defendant is required to pay~~
	2350	+	$50 per month toward the criminal accounts receivable.
2349	2351		1156
2350		-	~~$50 per month toward the~~ criminal accounts receivable.
	2352	+	(4) A payment schedule for a criminal accounts receivable does not limit the ability of a
2351	2353		1157
2352		-	~~(4) A payment schedule for a criminal accounts receivable does not limit the ability of a~~
	2354	+	judgment creditor to pursue collection by any means allowable by law.
2353	2355		1158
2354		-	~~judgment creditor to pursue collection by any means allowable by law.~~
	2356	+	(5) If the court orders restitution under Section 77-38b-205, or makes another financial
2355	2357		1159
2356		-	~~(5) If~~ the ~~court orders restitution under Section 77-38b-205~~, ~~or makes another financial~~
	2358	+	decision, after sentencing that increases the total amount owed in a defendant's case, the
2357	2359		1160
2358		-	~~decision, after sentencing that increases the total amount owed in a~~ defendant's ~~case, the~~
	2360	+	defendant's criminal accounts receivable balance shall be adjusted to include any new
2359	2361		1161
2360		-	~~defendant's criminal accounts receivable balance shall be adjusted to include any new~~
	2362	+	amount ordered by the court.
2361	2363		1162
2362		-	~~amount ordered by the court.~~
	2364	+	(6)(a) If a defendant is incarcerated in a county jail or a secure correctional facility, as
2363	2365		1163
2364		-	~~(6)(a) If a~~ defendant is ~~incarcerated in a county jail or a secure correctional facility, as~~
	2366	+	defined in Section 64-13-1, or the defendant is involuntarily committed under Section
2365	2367		1164
2366		-	~~defined in Section 64-13-1, or the defendant is involuntarily committed under Section~~
	2368	+	26B-5-332:
2367	2369		1165
2368		-	~~26B-5-332:~~
	2370	+	(i) all payments for a payment schedule shall be suspended for the period of time that
2369	2371		1166
2370		-	~~(i) all payments for a payment schedule shall be suspended for~~ the ~~period of time that~~
	2372	+	the defendant is incarcerated or involuntarily committed, unless the court, or the
2371	2373		1167
2372		-	the defendant is ~~incarcerated or involuntarily committed, unless~~ the ~~court~~, or the
	2374	+	board if the defendant is under the jurisdiction of the board, expressly orders the
2373	2375		1168
2374		-	~~board if~~ the ~~defendant is under the jurisdiction of the board, expressly orders the~~
	2376	+	defendant to make payments according to the payment schedule; and
2375	2377		1169
2376		-	~~defendant to make payments according to~~ the ~~payment schedule;~~ ~~and~~
	2378	+	(ii) the defendant shall provide the court with notice of the incarceration or
2377	2379		1170
2378		-	~~(ii) the defendant shall provide the court with notice of the incarceration or~~
	2380	+	involuntary commitment.
2379	2381		1171
2380		-	~~involuntary commitment.~~
	2382	+	(b) A suspension under Subsection (6)(a) shall remain in place for 60 days after the day
2381	2383		1172
2382		-	~~(b) A suspension under Subsection (6)(a) shall remain~~ in ~~place for 60 days after~~ the ~~day~~
	2384	+	in which the defendant is released from incarceration or commitment.
2383	2385		1173
2384		-	~~in which~~ the defendant ~~is released from incarceration~~ or ~~commitment.~~
	2386	+	(7)(a) If the defendant owes restitution to the Department of Workforce Services or
2385	2387		1174
2386		-	~~(7)(a) If the defendant owes restitution to the~~ Department of ~~Workforce~~ Services or
	2388	+	Department of Health and Human Services, the court may order that all or a portion
2387	2389		1175
2388		-	~~Department~~ of ~~Health and Human Services,~~ the ~~court may order that all~~ or ~~a portion~~
	2390	+	of criminal accounts receivable be paid directly to the governmental agency or entity.
2389	2391		1176
2390		-	of criminal accounts receivable ~~be paid directly to the governmental agency or entity.~~
	2392	+	(b) If the authority to collect all or a portion of the criminal accounts receivable is given
2391	2393		1177
2392		-	(b) If the ~~authority to collect all or a portion of the criminal accounts receivable is given~~
	2394	+	to a governmental agency or entity under this Subsection (7), the governmental
2393	2395		1178
2394		-	~~to a governmental~~ agency or entity ~~under this Subsection (7), the governmental~~
	2396	+	agency or entity shall maintain an accounting of all payments made or credits toward
2395	2397		1179
2396		-	~~agency or entity shall maintain an accounting~~ of ~~all payments made or credits toward~~
	2398	+	reduction of the balance of the criminal accounts receivable.
2397	2399		1180
2398		-	~~reduction~~ of the ~~balance of the criminal accounts receivable.~~
	2400	+	(c) The governmental entity or agency shall provide a copy of the accounting upon filing
2399	2401		1181
2400		-	~~(c)~~ The ~~governmental entity~~ or ~~agency shall provide a copy of~~ the ~~accounting upon filing~~
	2402	+	an order to show cause in the criminal case to the court or upon request to the court,
2401	2403		1182
2402		-	~~an order to show cause in the criminal case to the court or upon request to the court~~,
	2404	+	Board of Pardons and Parole, Department of Corrections, private probation provider,
2403	2405		1183
2404		-	Board of Pardons and Parole, Department of Corrections, private probation provider,
2405		-	- 35 - H.B. 562 Enrolled Copy
	2406	+	prosecutor, defendant, or other victim.
2406	2407		1184
2407		-	prosecutor, defendant, or other victim.
	2408	+	Section 13. Section 77-38b-202 is amended to read:
	2409	+	- 35 - 4th Sub. (Green) H.B. 562 03-05 16:53
2408	2410		1185
2409		-	~~Section 13. Section~~ 77-38b-202 ~~is amended to read:~~
	2411	+	77-38b-202 . Prosecuting attorney responsibility for collecting restitution
2410	2412		1186
2411		-	~~77-38b-202 . Prosecuting attorney responsibility for collecting~~ restitution
	2413	+	information -- Depositing restitution on behalf of victim.
2412	2414		1187
2413		-	~~information --~~ ~~Depositing restitution on behalf of victim.~~
	2415	+	(1) If a prosecuting attorney files a criminal charge against a defendant, the prosecuting
2414	2416		1188
2415		-	~~(1) If a prosecuting~~ attorney ~~files a criminal charge against a defendant, the prosecuting~~
	2417	+	attorney shall:
2416	2418		1189
2417		-	~~attorney shall:~~
	2419	+	(a) contact any known victim of the offense for which the criminal charge is filed, or
2418	2420		1190
2419		-	(a~~) contact any known victim~~ of the ~~offense for which the criminal charge is filed, or~~
	2421	+	person asserting a claim for restitution on behalf of the victim; and
2420	2422		1191
2421		-	~~person asserting a claim for restitution on behalf of~~ the victim~~; and~~
	2423	+	(b) gather the following information from the victim or person:
2422	2424		1192
2423		-	(b) ~~gather~~ the ~~following information from~~ the victim or person:
	2425	+	(i) the name of the victim or person; and
2424	2426		1193
2425		-	(i) the ~~name~~ of ~~the victim or person; and~~
	2427	+	(ii) the actual or estimated amount of restitution.
2426	2428		1194
2427		-	(ii) ~~the actual~~ or ~~estimated amount of restitution.~~
	2429	+	(2)(a) When a conviction, a diversion agreement, or a plea in abeyance is entered by the
2428	2430		1195
2429		-	~~(2)(a) When a conviction~~, ~~a diversion agreement,~~ ~~or a plea in abeyance is entered by~~ the
	2431	+	court, the prosecuting attorney shall provide the court with the information gathered
2430	2432		1196
2431		-	~~court,~~ the prosecuting attorney ~~shall provide the court with the information gathered~~
	2433	+	by the prosecuting attorney under Subsection (1)(b).
2432	2434		1197
2433		-	by the prosecuting attorney ~~under Subsection (1)(b).~~
	2435	+	(b) If, at the time of the plea disposition or conviction, the prosecuting attorney does not
2434	2436		1198
2435		-	(b) ~~If, at the time of the plea disposition or conviction~~, the prosecuting attorney ~~does not~~
	2437	+	have all the information under Subsection (1)(b), the prosecuting attorney shall
2436	2438		1199
2437		-	~~have all~~ the ~~information under Subsection (1)(b), the prosecuting attorney shall~~
	2439	+	provide the defendant with:
2438	2440		1200
2439		-	~~provide~~ the ~~defendant with:~~
	2441	+	(i) at the time of plea disposition or conviction, all information under Subsection
2440	2442		1201
2441		-	(i) at the ~~time of plea disposition or conviction, all information under Subsection~~
	2443	+	(1)(b) that is reasonably available to the prosecuting attorney; and
2442	2444		1202
2443		-	(1)(b) ~~that is reasonably~~ available to ~~the prosecuting attorney; and~~
	2445	+	(ii) any information under Subsection (1)(b) as the information becomes available to
2444	2446		1203
2445		-	~~(ii) any information under Subsection (1)(b) as~~ the ~~information becomes available to~~
	2447	+	the prosecuting attorney.
2446	2448		1204
2447		-	~~the~~ prosecuting attorney.
	2449	+	(c) Nothing in this section shall be construed to prevent a prosecuting attorney, a victim,
2448	2450		1205
2449		-	~~(c) Nothing in this section shall be construed to prevent~~ a ~~prosecuting attorney,~~ a victim,
	2451	+	or a person asserting a claim for restitution on behalf of a victim from:
2450	2452		1206
2451		-	or a ~~person asserting a claim~~ for restitution ~~on behalf of a victim from:~~
	2453	+	(i) submitting information on, or a request for, restitution to the court within the time
2452	2454		1207
2453		-	~~(i) submitting information on,~~ or ~~a request for, restitution to the court within the time~~
	2455	+	periods described in Section 77-38b-205; or
2454	2456		1208
2455		-	~~periods described in Section 77-38b-205;~~ or
	2457	+	(ii) submitting information on, or a request for, restitution for additional or
2456	2458		1209
2457		-	~~(ii) submitting information on,~~ ~~or a request for,~~ ~~restitution for additional or~~
	2459	+	substituted victims within the time periods described in Section 77-38b-205.
2458	2460		1210
2459		-	~~substituted victims within~~ the ~~time periods described in Section 77-38b-205.~~
	2461	+	(3)(a) The prosecuting attorney may be authorized by the sentencing court or appropriate
2460	2462		1211
2461		-	~~(3)(~~a~~) The prosecuting attorney may be authorized by the sentencing court or appropriate~~
	2463	+	public treasurer to deposit restitution collected on behalf of a victim into an
2462	2464		1212
2463		-	~~public treasurer to deposit restitution collected on behalf of a victim into an~~
	2465	+	interest-bearing account in accordance with Title 51, Chapter 7, State Money
2464	2466		1213
2465		-	~~interest-bearing account in accordance with Title 51~~, ~~Chapter 7,~~ ~~State Money~~
	2467	+	Management Act, pending the distribution of the funds to the victim.
2466	2468		1214
2467		-	~~Management Act~~, ~~pending the distribution of the funds to the victim.~~
	2469	+	(b) If restitution is deposited into an interest-bearing account under Subsection (3)(a),
2468	2470		1215
2469		-	~~(b) If restitution is deposited into an interest-bearing account under Subsection (3)(a),~~
	2471	+	the prosecuting attorney shall:
2470	2472		1216
2471		-	the ~~prosecuting attorney shall:~~
	2473	+	(i) distribute any interest that accrues in the account to each victim on a pro rata
2472	2474		1217
2473		-	(i) distribute any interest that accrues in the account to each victim on a pro rata
2474		-	- 36 - Enrolled Copy H.B. 562
	2475	+	basis; and
2475	2476		1218
2476		-	basis; and
	2477	+	(ii) if all victims have been made whole and funds remain in the account, distribute
	2478	+	- 36 - 03-05 16:53 4th Sub. (Green) H.B. 562
2477	2479		1219
2478		-	~~(ii) if all victims have been made whole and~~ funds ~~remain~~ in ~~the account~~, ~~distribute~~
	2480	+	any remaining funds to the Division of Finance, created in Section 63A-3-101, to
2479	2481		1220
2480		-	~~any remaining funds~~ to the ~~Division~~ of ~~Finance, created in Section 63A-3-101, to~~
	2482	+	deposit to the Utah Office for Victims of Crime.
2481	2483		1221
2482		-	~~deposit to the Utah Office for Victims of Crime.~~
	2484	+	(c) Nothing in this section prevents an independent judicial authority from collecting,
2483	2485		1222
2484		-	~~(c) Nothing in this section prevents an independent judicial authority from collecting,~~
	2486	+	holding, and distributing restitution.
2485	2487		1223
2486		-	~~holding, and distributing restitution.~~
	2488	+	Section 14. Section 77-38b-301 is amended to read:
2487	2489		1224
2488		-	~~Section 14. Section~~ 77-38b-301 ~~is amended to read:~~
	2490	+	77-38b-301 . Entry of a civil judgment of restitution and civil accounts receivable
2489	2491		1225
2490		-	~~77-38b-301 . Entry~~ of ~~a civil judgment of restitution and civil accounts receivable~~
	2492	+	-- Continuation of the criminal action -- Interest -- Delinquency.
2491	2493		1226
2492		-	~~-- Continuation of the criminal action --~~ ~~Interest --~~ ~~Delinquency.~~
	2494	+	(1) As used in this section, "civil judgment" means an order for:
2493	2495		1227
2494		-	(1) ~~As used in this section, "~~civil judgment~~" means an order for:~~
	2496	+	(a) a civil judgment of restitution; or
2495	2497		1228
2496		-	(a) a civil ~~judgment of restitution; or~~
	2498	+	(b) a civil accounts receivable.
2497	2499		1229
2498		-	(b) a civil ~~accounts receivable.~~
	2500	+	(2) If the court has entered a civil judgment on the civil judgment docket under Section
2499	2501		1230
2500		-	~~(2) If the court has entered a civil judgment on~~ the civil judgment ~~docket~~ under ~~Section~~
	2502	+	77-18-114, the civil judgment is enforceable under the Utah Rules of Civil Procedure.
2501	2503		1231
2502		-	77-18-114, ~~the~~ civil judgment ~~is enforceable under the Utah Rules of Civil Procedure.~~
	2504	+	(3)(a) Notwithstanding Sections 77-18-114, 78B-2-311, and 78B-5-202, a civil judgment
2503	2505		1232
2504		-	~~(3)(a) Notwithstanding Sections 77-18-114~~, ~~78B-2-311~~, ~~and 78B-5-202, a civil judgment~~
	2506	+	shall expire only upon payment in full, including any applicable interest, collection
2505	2507		1233
2506		-	~~shall expire only upon payment in full~~, ~~including any applicable interest~~, ~~collection~~
	2508	+	fees, attorney fees, and liens that directly result from the civil judgment.
2507	2509		1234
2508		-	~~fees, attorney fees,~~ ~~and liens that directly result~~ from the civil ~~judgment.~~
	2510	+	(b) Interest on a civil judgment may only accrue from the day on which the civil
2509	2511		1235
2510		-	~~(b) Interest~~ on a civil judgment ~~may only accrue from~~ the ~~day on which the civil~~
	2512	+	judgment is entered on the civil judgment docket by the court.
2511	2513		1236
2512		-	~~judgment is entered~~ on ~~the civil judgment docket by the court.~~
	2514	+	(c) This Subsection (3) applies to all civil judgments that are not paid in full on or before
2513	2515		1237
2514		-	~~(c) This Subsection (3) applies to all civil judgments that are not paid in full on or before~~
	2516	+	May 12, 2009.
2515	2517		1238
2516		-	~~May 12,~~ ~~2009.~~
	2518	+	(4) A civil judgment is considered entered on the civil judgment docket when the civil
2517	2519		1239
2518		-	~~(4) A civil~~ judgment ~~is considered entered~~ on the civil judgment docket ~~when the civil~~
	2520	+	judgment appears on the [civil judgment] court docket with:
2519	2521		1240
2520		-	~~judgment appears on~~ the ~~[civil judgment] court docket with:~~
	2522	+	(a) an amount owed by the defendant;
2521	2523		1241
2522		-	(a) ~~an amount owed by~~ the defendant;
	2524	+	(b) the name of the defendant as the judgment debtor; and
2523	2525		1242
2524		-	(b) the name of the ~~defendant as the~~ judgment ~~debtor;~~ and
	2526	+	(c) the name of the judgment creditors described in Subsections 77-18-114(1)(b)(iii) and
2525	2527		1243
2526		-	(~~c) the name of the judgment creditors described in Subsections 77-18-114(1~~)(b)~~(iii) and~~
	2528	+	(2)(b).
2527	2529		1244
2528		-	(2)~~(b).~~
	2530	+	(5) If a civil judgment becomes delinquent, or is in default, and upon a motion from a
2529	2531		1245
2530		-	~~(5) If a civil~~ judgment ~~becomes delinquent~~, ~~or is in default,~~ and ~~upon a motion from a~~
	2532	+	judgment creditor, the court may order the defendant to appear and show cause why the
2531	2533		1246
2532		-	~~judgment creditor,~~ the ~~court may order the defendant to appear and show cause why the~~
	2534	+	defendant should not be held in contempt under Section 78B-6-317 for the delinquency
2533	2535		1247
2534		-	~~defendant should not be held in contempt under Section 78B-6-317 for~~ the ~~delinquency~~
	2536	+	or the default.
2535	2537		1248
2536		-	~~or the default.~~
	2538	+	(6) Notwithstanding any other provision of law:
2537	2539		1249
2538		-	(6) ~~Notwithstanding any other provision~~ of ~~law:~~
	2540	+	(a) a civil judgment is an obligation that arises out of a defendant's criminal case;
2539	2541		1250
2540		-	(a) a civil judgment is ~~an obligation that arises out of a defendant's~~ criminal ~~case~~;
	2542	+	(b) a civil judgment is criminal in nature;
2541	2543		1251
2542		-	(b) a civil judgment is criminal in nature;
2543		-	- 37 - H.B. 562 Enrolled Copy
	2544	+	(c) the civil enforcement of a civil judgment shall be construed as a continuation of the
2544	2545		1252
2545		-	(c) the civil enforcement of a civil judgment shall be construed as a continuation of the
	2546	+	criminal action for which the civil judgment arises; and
	2547	+	- 37 - 4th Sub. (Green) H.B. 562 03-05 16:53
2546	2548		1253
2547		-	~~criminal action for which~~ the civil judgment ~~arises; and~~
	2549	+	(d) the civil enforcement of a civil judgment does not divest a defendant of an obligation
2548	2550		1254
2549		-	~~(d)~~ the ~~civil enforcement of~~ a ~~civil judgment does not divest a defendant of an obligation~~
	2551	+	imposed as part of the defendant's punishment in a criminal action.
2550	2552		1255
2551		-	~~imposed as part of the defendant's punishment in a criminal action.~~
	2553	+	Section 15. Section 78A-2-214 is amended to read:
2552	2554		1256
2553		-	~~Section 15. Section~~ 78A-2-214 ~~is amended to read:~~
	2555	+	78A-2-214 . Collection of accounts receivable.
2554	2556		1257
2555		-	~~78A-2-214 . Collection of accounts receivable.~~
	2557	+	[(1)] As used in this section:
2556	2558		1258
2557		-	(1) ~~As used in this section:~~
	2559	+	(1)(a) "Accounts receivable" means any amount due the state from an entity for which
2558	2560		1259
2559		-	~~(a) "Accounts~~ ~~receivable" means any amount due~~ the state ~~from an entity for which~~
	2561	+	payment has not been received by the state agency that is servicing the debt.
2560	2562		1260
2561		-	~~payment has not been received by the state agency that is servicing the debt.~~
	2563	+	(b) "Accounts receivable" includes unpaid fees, licenses, taxes, loans, overpayments,
2562	2564		1261
2563		-	~~(b) "Accounts receivable" includes unpaid fees~~, ~~licenses~~, ~~taxes~~, ~~loans~~, ~~overpayments~~,
	2565	+	fines, forfeitures, surcharges, costs, contracts, interest, penalties, restitution to
2564	2566		1262
2565		-	~~fines~~, ~~forfeitures~~, ~~surcharges~~, ~~costs~~, ~~contracts~~, ~~interest, penalties, restitution to~~
	2567	+	victims, third party claims, sale of goods, sale of services, claims, and damages.
2566	2568		1263
2567		-	~~victims~~, ~~third party claims, sale of goods, sale of services, claims~~, and ~~damages.~~
	2569	+	(2) If a defendant is sentenced before July 1, 2021, and the Department of Corrections, or
2568	2570		1264
2569		-	~~(2) If a defendant~~ is ~~sentenced before July 1,~~ ~~2021, and the Department of Corrections, or~~
	2571	+	the Office of State Debt Collection, is not responsible for collecting an accounts
2570	2572		1265
2571		-	~~the Office of State Debt Collection, is not responsible~~ for ~~collecting an~~ accounts
	2573	+	receivable for the defendant, the district court shall collect the accounts receivable for
2572	2574		1266
2573		-	~~receivable for~~ the defendant~~, the district court shall collect the accounts receivable for~~
	2575	+	the defendant.
2574	2576		1267
2575		-	the ~~defendant.~~
	2577	+	(3)(a) In the juvenile court, money collected by the court from past-due accounts
2576	2578		1268
2577		-	~~(3)(a) In the juvenile court~~, ~~money collected by the court from past-due accounts~~
	2579	+	receivable may be used to offset system, administrative, legal, and other costs of
2578	2580		1269
2579		-	~~receivable may be used to offset system, administrative, legal, and other costs of~~
	2581	+	collection.
2580	2582		1270
2581		-	collection.
	2583	+	(b) The juvenile court shall allocate money collected above the cost of collection on a
2582	2584		1271
2583		-	~~(b)~~ The ~~juvenile court shall allocate money collected above~~ the ~~cost of collection on a~~
	2585	+	pro rata basis to the various revenue types that generated the accounts receivable.
2584	2586		1272
2585		-	~~pro rata basis to~~ the ~~various revenue types that generated the accounts receivable.~~
	2587	+	(4) The interest charge described in Subsection [63A-3-502(4)(g)(iii)]
2586	2588		1273
2587		-	~~(4) The interest charge described in Subsection [~~63A-3-502(4)(g)(iii)]
	2589	+	63A-3-502(4)(g)(iii)(B) may not be assessed on an account receivable that is subject to
2588	2590		1274
2589		-	~~63A-3-502(~~4~~)(g)(iii)(B) may not be assessed on an account receivable that is subject to~~
	2591	+	the postjudgment interest rate established by Section 15-1-4.
2590	2592		1275
2591		-	~~the postjudgment interest rate established by~~ Section ~~15-1-4.~~
	2593	+	Section 16. Section 80-6-507 is amended to read:
2592	2594		1276
2593		-	~~Section 16. Section~~ 80-6-507 ~~is amended to read:~~
	2595	+	80-6-507 . Commitment of a minor by a district court.
2594	2596		1277
2595		-	~~80-6-507 . Commitment of a minor by a~~ district court.
	2597	+	(1)(a) If the district court determines that probation is not appropriate and commitment
2596	2598		1278
2597		-	~~(1)(a) If the district court determines that probation~~ is ~~not~~ appropriate ~~and commitment~~
	2599	+	to prison is an appropriate sentence when sentencing a minor:
2598	2600		1279
2599		-	to prison ~~is an appropriate sentence when sentencing a minor:~~
	2601	+	(i) the district court shall order the minor committed to prison; and
2600	2602		1280
2601		-	(i) ~~the district court shall order~~ the minor ~~committed to prison;~~ ~~and~~
	2603	+	(ii) the minor shall be provisionally housed in a secure care facility until the minor
2602	2604		1281
2603		-	~~(ii)~~ the ~~minor shall be provisionally housed in a secure care facility until the minor~~
	2605	+	reaches 25 years old, unless released earlier from incarceration by the Board of
2604	2606		1282
2605		-	~~reaches 25 years old, unless released earlier from incarceration by the Board of~~
	2607	+	Pardons and Parole.
2606	2608		1283
2607		-	~~Pardons and Parole.~~
	2609	+	(b) Subsection (1) applies to any minor being provisionally housed in a secure care
2608	2610		1284
2609		-	~~(b)~~ Subsection (1) ~~applies to any minor being provisionally housed in a secure care~~
	2611	+	facility as described in Subsection (1)(a) on or after May 4, 2022.
2610	2612		1285
2611		-	facility as described in Subsection (1)(a) on or after May 4, 2022.
2612		-	- 38 - Enrolled Copy H.B. 562
	2613	+	(c) The district court shall, as a part of sentencing, order the minor to make restitution in
2613	2614		1286
2614		-	(c) The district court shall, as a part of sentencing, order the minor to make restitution in
	2615	+	accordance with Title 77, Chapter 38b, Crime Victims Restitution Act.
	2616	+	- 38 - 03-05 16:53 4th Sub. (Green) H.B. 562
2615	2617		1287
2616		-	accordance with Title 77, ~~Chapter 38b, Crime Victims Restitution Act.~~
	2618	+	(2)(a) The division shall adopt procedures by rule, in accordance with Title 63G,
2617	2619		1288
2618		-	~~(2)(a)~~ The ~~division shall adopt procedures by rule, in accordance with Title 63G,~~
	2620	+	Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor
2619	2621		1289
2620		-	~~Chapter 3,~~ ~~Utah Administrative Rulemaking Act,~~ ~~regarding~~ the ~~transfer of a minor~~
	2622	+	provisionally housed in a secure care facility under Subsection (1) to the physical
2621	2623		1290
2622		-	~~provisionally housed in a secure care facility under Subsection (1) to~~ the ~~physical~~
	2624	+	custody of the Department of Corrections.
2623	2625		1291
2624		-	~~custody of~~ the ~~Department of Corrections.~~
	2626	+	(b) If, in accordance with the rules adopted under Subsection (2)(a), the division
2625	2627		1292
2626		-	~~(b) If,~~ in ~~accordance with the rules adopted under Subsection (2)(a), the division~~
	2628	+	determines that housing the minor in a secure care facility presents an unreasonable
2627	2629		1293
2628		-	~~determines~~ that ~~housing~~ the minor ~~in a secure care facility presents an unreasonable~~
	2630	+	risk to others or that it is not in the best interest of the minor, the division shall
2629	2631		1294
2630		-	~~risk to others or that it is not in~~ the ~~best interest~~ of the minor, the ~~division shall~~
	2632	+	transfer the physical custody of the minor to the Department of Corrections.
2631	2633		1295
2632		-	~~transfer the physical custody of the~~ minor to ~~the Department of Corrections.~~
	2634	+	(3)(a) When a minor is committed to prison but provisionally housed in a secure care
2633	2635		1296
2634		-	~~(3)(a) When a minor is committed to prison but provisionally housed in a secure care~~
	2636	+	facility under this section, the district court and the division shall immediately notify
2635	2637		1297
2636		-	~~facility under this section,~~ the ~~district court and the division shall immediately notify~~
	2638	+	the Board of Pardons and Parole so that the minor may be scheduled for a hearing
2637	2639		1298
2638		-	~~the~~ Board ~~of Pardons and Parole so that the minor may be scheduled for a hearing~~
	2640	+	according to board procedures.
2639	2641		1299
2640		-	~~according to board procedures.~~
	2642	+	(b) If a minor who is provisionally housed in a secure care facility under this section has
2641	2643		1300
2642		-	~~(b) If a~~ minor ~~who is provisionally housed in a secure care facility under this section has~~
	2644	+	not been paroled or otherwise released from incarceration by the time the minor
2643	2645		1301
2644		-	~~not been paroled or otherwise released from incarceration by~~ the ~~time the minor~~
	2646	+	reaches 25 years old, the division shall as soon as reasonably possible, but not later
2645	2647		1302
2646		-	reaches 25 years old, the ~~division shall as soon as reasonably possible, but not later~~
	2648	+	than when the minor reaches 25 years and 6 months old, transfer the minor to the
2647	2649		1303
2648		-	~~than when~~ the ~~minor reaches 25 years and 6 months old, transfer the minor to the~~
	2650	+	physical custody of the Department of Corrections.
2649	2651		1304
2650		-	~~physical~~ custody of the Department of ~~Corrections.~~
	2652	+	(4) Upon the commitment of a minor to the custody of the division or the Department of
2651	2653		1305
2652		-	~~(4) Upon~~ the ~~commitment~~ of ~~a minor to~~ the ~~custody of the division or the Department of~~
	2654	+	Corrections under this section, the Board of Pardons and Parole has authority over the
2653	2655		1306
2654		-	~~Corrections under this section, the Board~~ of ~~Pardons and Parole has authority over the~~
	2656	+	minor for purposes of parole, pardon, commutation, termination of sentence, remission
2655	2657		1307
2656		-	~~minor for purposes~~ of ~~parole~~, ~~pardon, commutation,~~ ~~termination of sentence, remission~~
	2658	+	of restitution, fines or forfeitures, [orders of restitution, ]and all other purposes
2657	2659		1308
2658		-	~~of restitution,~~ ~~fines or forfeitures, [orders of restitution, ]and all other purposes~~
	2660	+	authorized by law.
2659	2661		1309
2660		-	~~authorized by law.~~
	2662	+	(5) The authority shall:
2661	2663		1310
2662		-	(5) The ~~authority shall:~~
	2664	+	(a) hold hearings, receive reports, or otherwise keep informed of the progress of a minor
2663	2665		1311
2664		-	~~(a) hold hearings, receive reports, or otherwise keep informed~~ of the ~~progress of a minor~~
	2666	+	in the custody of the division under this section; and
2665	2667		1312
2666		-	in the ~~custody~~ of ~~the division under this section;~~ and
	2668	+	(b) forward to the Board of Pardons and Parole any information or recommendations
2667	2669		1313
2668		-	~~(b) forward to~~ the ~~Board of Pardons and Parole any information or recommendations~~
	2670	+	concerning the minor.
2669	2671		1314
2670		-	~~concerning the~~ minor.
	2672	+	(6) Commitment of a minor under this section is a prison commitment for all sentencing
2671	2673		1315
2672		-	~~(6) Commitment of a minor under this section is a prison commitment for all sentencing~~
	2674	+	purposes.
2673	2675		1316
2674		-	~~purposes~~.
	2676	+	Section 17. Effective Date.
2675	2677		1317
2676		-	~~Section 17~~. ~~Effective Date.~~
	2678	+	This bill takes effect on May 7, 2025.
2677	2679		1318
2678		-	~~This bill takes effect on May 7,~~ ~~2025~~.
	2680	+	Section 18. Coordinating H.B. 562 with H.B. 312
2679	2681		1319
2680		-	Section 18. Coordinating H.B. 562 with H.B. 312
2681		-	- 39 - H.B. 562 Enrolled Copy
	2682	+	If H.B. 562, Law Enforcement and Criminal Justice Amendments, and H.B. 312,
2682	2683		1320
2683		-	If H.B. 562, Law Enforcement and Criminal Justice Amendments, and H.B. 312,
	2684	+	Criminal Justice Amendments, both pass and become law, the Legislature intends that, on
	2685	+	- 39 - 4th Sub. (Green) H.B. 562 03-05 16:53
2684	2686		1321
2685		-	~~Criminal Justice Amendments~~, ~~both pass and become law~~, the ~~Legislature intends that,~~ on
	2687	+	September 1, 2025, the changes to Section 17-22-5.6 in H.B. 562 supersede the changes to
2686	2688		1322
2687		-	September 1, 2025, the changes to Section 17-22-5.6 in H.B. 562 supersede the changes to
2688		-	1323
2689	2689		Section 17-22-5.6 in H.B. 312.
2690	2690		- 40 -