Enrolled Copy H.B. 562
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Law Enforcement and Criminal Justice Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karianne Lisonbee
Senate Sponsor: Todd Weiler
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LONG TITLE
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General Description:
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This bill modifies provisions related to law enforcement and criminal justice.
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Highlighted Provisions:
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This bill:
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▸ requires that counties offering probation services adopt certain probation standards and
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practices;
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▸ modifies definitions;
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▸ provides that the Office of State Debt Collection has the authority to collect civil accounts
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receivable or a civil judgment of restitution and interest thereon;
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▸ provides that administrative garnishments also apply to a debtor's property or wages that
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are under control of a third party;
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▸ requires the Office of State Debt Collection to provide an accounting of the unpaid
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balance of a defendant's criminal accounts receivable at the time of termination of the
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defendant's sentence;
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▸ provides repayment procedures for any unpaid balance of a defendant's criminal accounts
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receivable upon termination of a sentence;
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▸ provides circumstances that constitute a material change in circumstances;
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▸ adds requirements for temporary pretrial status orders of detention;
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▸ modifies provisions relating to factors for pretrial release requirements;
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▸ provides that a request for a pretrial release at an initial appearance does not constitute a
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pretrial detention hearing;
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▸ requires a court to make findings of fact when making a determination regarding pretrial
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release;
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▸ adds a financial condition schedule to aid a court in determining the amount of a fixed H.B. 562 Enrolled Copy
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financial condition;
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▸ requires a judge to take certain actions if the judge is unable to hold a pretrial detention
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hearing before a certain deadline;
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▸ provides for required procedures when a no bail hold is requested;
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▸ provides that certain Board of Pardons and Parole decisions on restitution are final and
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not subject to judicial review;
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▸ codifies order of restitution procedures that apply to certain offenders sentenced before
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July 1, 2021;
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▸ provides procedures for the accounting and payment of restitution owed to various state
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governmental entities;
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▸ permits a sentencing court to authorize the deposit of funds in certain interest-bearing
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accounts when distribution to a victim is pending;
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▸ permits the Board of Pardons and Parole to order recovery of fees incurred on behalf of a
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sentenced offender in addition to the existing ability to recover costs;
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▸ makes coordinating modifications related to docket entry and interest assessments;
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▸ permits a court to set restitution for a juvenile sentenced to prison;
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▸ includes a coordination clause that requires changes to a section of this bill to supersede
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the changes to that section in H.B. 312, Criminal Justice Amendments; and
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▸ makes technical and grammatical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a coordination clause.
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Utah Code Sections Affected:
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AMENDS:
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17-22-5.6, as enacted by Laws of Utah 2024, Chapter 16
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63A-3-502, as last amended by Laws of Utah 2024, Chapter 398
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63A-3-507, as last amended by Laws of Utah 2024, Chapter 158
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77-18-114, as last amended by Laws of Utah 2024, Chapter 330
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77-20-102, as last amended by Laws of Utah 2023, Chapter 408
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77-20-205, as last amended by Laws of Utah 2024, Chapters 187, 434
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77-20-206, as enacted by Laws of Utah 2021, Second Special Session, Chapter 4
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77-20-207, as last amended by Laws of Utah 2023, Chapter 408
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77-27-5, as last amended by Laws of Utah 2024, Chapters 145, 187 and 208
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77-27-6.1, as last amended by Laws of Utah 2024, Chapter 330
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77-32b-103, as last amended by Laws of Utah 2024, Chapter 389
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77-38b-202, as last amended by Laws of Utah 2024, Chapter 330
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77-38b-301, as last amended by Laws of Utah 2023, Chapter 113
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78A-2-214, as last amended by Laws of Utah 2024, Chapter 398
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80-6-507, as last amended by Laws of Utah 2022, Chapter 135
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ENACTS:
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77-20-205.5, Utah Code Annotated 1953
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Utah Code Sections affected by Coordination Clause:
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 17-22-5.6 is amended to read:
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17-22-5.6 . Probation supervision -- Violation of probation -- Detention --
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Hearing.
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(1) As used in this section:
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(a) "Probationer" means an individual on probation under the supervision of the county
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sheriff.
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(b)(i) "Qualifying domestic violence offense" means the same as that term is defined
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in Subsection 77-36-1.1(4).
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(ii) "Qualifying domestic violence offense" does not include criminal mischief as
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described in Section 76-6-106.
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(c) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
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(2) In a county that offers probation services, the county sheriff shall adopt probation
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standards and practices that are established by the Utah Sheriffs' Association.
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[(2)] (3) A county sheriff shall ensure that the court is notified of violations of the terms and
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conditions of a probationer's probation when the county sheriff determines that:
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(a) incarceration is recommended as a sanction;
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(b) a graduated and evidence-based response is not an appropriate response to the
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offender's violation and recommends revocation of probation; or
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(c) there is probable cause that the conduct that led to a violation of probation is:
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(i) a violent felony; or
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(ii) a qualifying domestic violence offense.
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[(3)] (4) A county sheriff may take custody of, and detain, a probationer for a maximum of
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72 hours, excluding weekends and holidays, if there is probable cause to believe that the
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probationer has committed a violation of probation.
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[(4)] (5) A county sheriff may not detain a probationer or parolee for longer than 72 hours
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without obtaining a warrant issued by the court.
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[(5)] (6) If the county sheriff detains a probationer under Subsection [(3)] (4), the county
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sheriff shall ensure the proper court is notified.
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[(6)] (7) A written order from the county sheriff is sufficient authorization for a peace
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officer to incarcerate a probationer if the county sheriff has determined that there is
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probable cause to believe that the probationer has violated the conditions of probation.
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[(7)] (8) If a probationer commits a violation outside of the jurisdiction of the county sheriff
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supervising the probationer, the arresting law enforcement agency is not required to hold
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or transport the probationer to the county sheriff.
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[(8)] (9) This section does not require the county sheriff to release a probationer who is
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being held for something other than a probation violation, including a warrant issued for
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new criminal conduct or a new conviction where the individual is sentenced to
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incarceration.
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Section 2. Section 63A-3-502 is amended to read:
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63A-3-502 . Office of State Debt Collection created -- Duties.
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(1) The state and each state agency shall comply with:
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(a) the requirements of this chapter; and
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(b) any rules established by the Office of State Debt Collection.
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(2) There is created the Office of State Debt Collection in the Division of Finance.
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(3) The office shall:
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(a) have overall responsibility for collecting and managing state receivables;
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(b) assist the Division of Finance to develop consistent policies governing the collection
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and management of state receivables;
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(c) oversee and monitor state receivables to ensure that state agencies are:
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(i) implementing all appropriate collection methods;
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(ii) following established receivables guidelines; and
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(iii) accounting for and reporting receivables in the appropriate manner;
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(d) assist the Division of Finance to develop policies, procedures, and guidelines for
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accounting, reporting, and collecting money owed to the state;
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(e) provide information, training, and technical assistance to each state agency on
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various collection-related topics;
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(f) write an inclusive receivables management and collection manual for use by each
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state agency;
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(g) prepare quarterly and annual reports of the state's receivables;
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(h) create or coordinate a state accounts receivable database;
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(i) develop reasonable criteria to gauge state agencies' efforts in maintaining an effective
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accounts receivable program;
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(j) identify any state agency that is not making satisfactory progress toward
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implementing collection techniques and improving accounts receivable collections;
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(k) coordinate information, systems, and procedures between each state agency to
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maximize the collection of past-due accounts receivable;
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(l) establish an automated cash receipt process between each state agency;
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(m) assist the Division of Finance to establish procedures for writing off accounts
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receivable for accounting and collection purposes;
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(n) establish standard time limits after which an agency will delegate responsibility to
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collect state receivables to the office or the office's designee;
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(o) be a real party in interest for:
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(i) an account receivable referred to the office by any state agency; and
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(ii) a civil judgment of restitution entered on a civil judgment docket by a court;
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(p) allocate money collected for a judgment entered on the civil judgment docket under
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Section 77-18-114 in accordance with Sections 51-9-402, 63A-3-506, and 78A-5-110;
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(q) if a criminal accounts receivable is transferred to the office under Subsection
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77-32b-103(2)(a)(ii), receive, process, and distribute payments for the criminal
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accounts receivable;
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(r) provide a debtor online access to the debtor's accounts receivable or criminal
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accounts receivable in accordance with Section 63A-3-502.5;
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(s) establish a written policy for each of the following:
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(i) the settling of an accounts receivable, including any amount of restitution owed to
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a victim in a civil judgment of restitution if the victim approves of the settlement;
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(ii) allowing a debtor to pay off a single debt as part of an accounts receivable even if
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the debtor has a balance on another debt as part of an accounts receivable or
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criminal accounts receivable;
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(iii) setting a payment deadline for settlement agreements and for obtaining an
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extension of a settlement agreement deadline; and
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(iv) reducing administrative costs when a settlement has been reached;
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(t) consult with a state agency on whether:
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(i) the office may agree to a settlement for an amount that is less than the debtor's
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principal amount; and
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(ii) the state agency may retain authority to negotiate a settlement with a debtor; and
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(u) provide the terms and conditions of any payment arrangement that the debtor has
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made with a state agency or the office when:
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(i) the payment arrangement is created; or
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(ii) the debtor requests a copy of the terms and conditions.
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(4) The office may:
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(a) recommend to the Legislature new laws to enhance collection of past-due accounts
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by state agencies;
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(b) collect accounts receivables for higher education entities, if the higher education
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entity agrees;
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(c) prepare a request for proposal for consulting services to:
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(i) analyze the state's receivable management and collection efforts; and
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(ii) identify improvements needed to further enhance the state's effectiveness in
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collecting the state's receivables;
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(d) contract with private or state agencies to collect past-due accounts;
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(e) perform other appropriate and cost-effective coordinating work directly related to
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collection of state receivables;
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(f) obtain access to records and databases of any state agency that are necessary to the
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duties of the office by following the procedures and requirements of Section
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63G-2-206, including the financial declaration form described in Section 77-38b-204;
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(g) at rates authorized by the Legislature or set in statute, assess and collect the
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following interest and fees:
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(i) a fee to cover the administrative costs of collection on accounts administered by
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the office;
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(ii) a late penalty fee that may not be more than 10% of the account receivable on
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accounts administered by the office;
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(iii) an interest charge that is:
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(A) the postjudgment interest rate established by Section 15-1-4 in judgments
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established by the courts; or
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(B) not more than 2% above the prime rate as of July 1 of each fiscal year for
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accounts receivable for which no court judgment has been entered; and
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(iv) fees to collect accounts receivable for higher education;
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(h) collect reasonable attorney fees and reasonable costs of collection that are related to
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the collection of receivables under this chapter;
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(i) make rules that allow accounts receivable to be collected over a reasonable period of
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time and under certain conditions with credit cards;
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(j) for a case that is referred to the office or in which the office is a judgment creditor,
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file a motion or other document related to the office or the accounts receivable in that
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case, including a satisfaction of judgment, in accordance with the Utah Rules of Civil
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Procedure;
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(k) ensure that judgments for which the office is the judgment creditor are renewed, as
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necessary;
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(l) notwithstanding Section 63G-2-206, share records obtained under Subsection (4)(f)
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with private sector vendors under contract with the state to assist state agencies in
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collecting debts owed to the state agencies without changing the classification of any
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private, controlled, or protected record into a public record;
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(m) enter into written agreements with other governmental agencies to obtain and share
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information for the purpose of collecting state accounts receivable; and
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(n) collect accounts receivable for a political subdivision of the state if the political
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subdivision enters into an agreement or contract with the office under Title 11,
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Chapter 13, Interlocal Cooperation Act, for the office to collect the political
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subdivision's accounts receivable.
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(5) The office shall ensure that:
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(a) a record obtained by the office or a private sector vendor under Subsection (4)(l):
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(i) is used only for the limited purpose of collecting accounts receivable; and
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(ii) is subject to federal, state, and local agency records restrictions; and
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(b) any individual employed by, or formerly employed by, the office or a private sector
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vendor as referred to in Subsection (4)(l) is subject to:
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(i) the same duty of confidentiality with respect to the record imposed by law on
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officers and employees of the state agency from which the record was obtained;
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and
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(ii) any civil or criminal penalties imposed by law for violations of lawful access to a
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private, controlled, or protected record.
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(6)(a) The office shall have authority to collect a civil accounts receivable or a civil
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judgment of restitution ordered by a court as a result of prosecution for a criminal
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offense that have been transferred to the office under Subsection 77-18-114(1) or (2).
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(b) The office may not assess:
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(i) the interest charge established by the office under Subsection [(4) ] (4)(g)(iii)(B)
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on an account receivable that is subject to the postjudgment interest rate
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established by Section 15-1-4; and
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(ii) an interest charge on [a] an amount from a criminal accounts receivable [that is
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transferred to the office under Subsection 77-32b-103(2)(a)(ii)] until the amount is
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entered on the civil judgment docket.
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(7) The office shall require a state agency to:
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(a) transfer collection responsibilities to the office or the office's designee according to
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time limits established by the office;
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(b) make annual progress towards implementing collection techniques and improved
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accounts receivable collections;
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(c) use the state's accounts receivable system or develop systems that are adequate to
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properly account for and report the state's receivables;
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(d) develop and implement internal policies and procedures that comply with the
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collections policies and guidelines established by the office;
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(e) provide internal accounts receivable training to staff involved in the management and
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collection of receivables as a supplement to statewide training;
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(f) bill for and make initial collection efforts of the state agency's receivables up to the
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time the accounts must be transferred; and
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(g) submit quarterly receivable reports to the office that identify the age, collection
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status, and funding source of each receivable.
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(8) All interest, fees, and other amounts authorized to be collected by the office under
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Subsection (4)(g):
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(a) are penalties that may be charged by the office;
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(b) do not require an order from a court for the office to assess or collect;
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(c) are not compensation for actual pecuniary loss;
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(d) for a civil accounts receivable:
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(i) begin to accrue on the day on which the civil accounts receivable is entered on the
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civil judgment docket under Subsection 77-18-114(1) or (2); and
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(ii) may be collected as part of the civil accounts receivable;
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(e) for a civil judgment of restitution:
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(i) begin to accrue on the day on which the civil judgment of restitution is entered on
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the civil judgment docket under Subsection 77-18-114(1); and
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(ii) may be collected as part of the civil judgment of restitution;
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(f) for all other accounts receivable:
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(i) begin to accrue on the day on which the accounts receivable is transferred to the
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office, even if there is no court order on the day on which the accounts receivable
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is transferred; and
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(ii) may be collected as part of the accounts receivable; and
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(g) may be waived by:
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(i) the office; or
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(ii) if the interest, fee, or other amount is charged in error, the court.
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Section 3. Section 63A-3-507 is amended to read:
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63A-3-507 . Administrative garnishment order.
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(1) Subject to Subsection (2), if a judgment is entered against a debtor, the office may issue
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an administrative garnishment order against the debtor's personal property, including
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wages, in the possession of or under the control of a party other than the debtor in the
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same manner and with the same effect as if the order was a writ of garnishment issued
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by a court with jurisdiction.
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(2) The office may issue the administrative garnishment order if:
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(a) the order is signed by the director or the director's designee; and
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(b) the underlying debt is for:
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(i) nonpayment of a civil accounts receivable or a civil judgment of restitution; or
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(ii) nonpayment of a judgment, or abstract of judgment or award filed with a court,
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based on an administrative order for payment issued by an agency of the state.
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(3) An administrative garnishment order issued in accordance with this section is subject to
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the procedures and due process protections provided by Rule 64D, Utah Rules of Civil
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Procedure, except as provided by Section 70C-7-103.
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(4) An administrative garnishment order issued by the office shall:
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(a) contain a statement that includes:
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(i) if known:
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(A) the nature, location, account number, and estimated value of the property; and
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(B) the name, address, and phone number of the person holding the property;
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(ii) whether any of the property consists of earnings;
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(iii) the amount of the judgment and the amount due on the judgment; and
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(iv) the name, address, and phone number of any person known to the plaintiff to
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claim an interest in the property;
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(b) identify the defendant, including the defendant's name and last known address;
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(c) notify the defendant of the defendant's right to reply to answers and request a hearing
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as provided by Rule 64D, Utah Rules of Civil Procedure; and
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(d) state where the garnishee may deliver property.
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(5) The office may, in the office's discretion, include in an administrative garnishment order:
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(a) the last four digits of the defendant's Social Security number;
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(b) the last four digits of the defendant's driver license number;
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(c) the state in which the defendant's driver license was issued;
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(d) one or more interrogatories inquiring:
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(i) whether the garnishee is indebted to the defendant and, if so, the nature of the
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indebtedness;
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(ii) whether the garnishee possesses or controls any property of the defendant and, if
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so, the nature, location, and estimated value of the property;
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(iii) whether the garnishee knows of any property of the defendant in the possession
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or under the control of another and, if so:
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(A) the nature, location, and estimated value of the property; and
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(B) the name, address, and telephone number of the person who has possession or
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control of the property;
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(iv) whether the garnishee is deducting a liquidated amount in satisfaction of a claim
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against the plaintiff or the defendant, whether the claim is against the plaintiff or
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the defendant, and the amount deducted;
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(v) the date and manner of the garnishee's service of papers upon the defendant and
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any third party;
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(vi) the dates on which any previously served writs of continuing garnishment were
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served; and
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(vii) any other relevant information, including the defendant's position, rate of pay,
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method of compensation, pay period, and computation of the amount of the
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defendant's disposable earnings.
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(6)(a) A garnishee who acts in accordance with this section and the administrative
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garnishment issued by the office is released from liability unless an answer to an
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interrogatory is successfully controverted.
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(b) Except as provided in Subsection (6)(c), if the garnishee fails to comply with an
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administrative garnishment issued by the office without a court or final
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administrative order directing otherwise, the garnishee is liable to the office for an
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amount determined by the court.
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(c) The amount for which a garnishee is liable under Subsection (6)(b) includes:
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(i)(A) the value of the judgment; or
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(B) the value of the property, if the garnishee shows that the value of the property
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is less than the value of the judgment;
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(ii) reasonable costs; and
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(iii) attorney fees incurred by the parties as a result of the garnishee's failure.
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(d) If the garnishee shows that the steps taken to secure the property were reasonable,
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the court may excuse the garnishee's liability in whole or in part.
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(7)(a) If the office has reason to believe that a garnishee has failed to comply with the
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requirements of this section in the garnishee's response to a garnishment order issued
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under this section, the office may submit a motion to the court requesting the court to
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issue an order against the garnishee requiring the garnishee to appear and show cause
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why the garnishee should not be held liable under this section.
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(b) The office shall attach to a motion under Subsection (7)(a) a statement that the office
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has in good faith conferred or attempted to confer with the garnishee in an effort to
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settle the issue without court action.
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(8) A person is not liable as a garnishee for drawing, accepting, making, or endorsing a
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negotiable instrument if the instrument is not in the possession or control of the
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garnishee at the time of service of the administrative garnishment order.
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(9)(a) A person indebted to the defendant may pay to the office the amount of the debt
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or an amount to satisfy the administrative garnishment.
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(b) The office's receipt of an amount described in Subsection (9)(a) discharges the
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debtor for the amount paid.
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(10) A garnishee may deduct from the property any liquidated claim against the defendant.
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(11)(a) If a debt to the garnishee is secured by property, the office:
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(i) is not required to apply the property to the debt when the office issues the
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administrative garnishment order; and
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(ii) may obtain a court order authorizing the office to buy the debt and requiring the
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garnishee to deliver the property.
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(b) Notwithstanding Subsection (11)(a)(i):
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(i) the administrative garnishment order remains in effect; and
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(ii) the office may apply the property to the debt.
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(c) The office or a third party may perform an obligation of the defendant and require
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the garnishee to deliver the property upon completion of performance or, if
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performance is refused, upon tender of performance if:
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(i) the obligation is secured by property; and
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(ii)(A) the obligation does not require the personal performance of the defendant;
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and
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(B) a third party may perform the obligation.
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(12)(a) The office may issue a continuing garnishment order against a nonexempt
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periodic payment.
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(b) This section is subject to the Utah Exemptions Act.
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(c) A continuing garnishment order issued in accordance with this section applies to
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payments to, or for the benefit of, the defendant from the date of service upon the
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garnishee until the earliest of the following:
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(i) the last periodic payment;
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(ii) the judgment upon which the administrative garnishment order is issued is stayed,
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vacated, or satisfied in full; or
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(iii) the office releases the order.
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(d) No later than seven days after the last day of each payment period, the garnishee
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shall with respect to that period:
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(i) answer each interrogatory;
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(ii) serve an answer to each interrogatory on the office, the defendant, and any other
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person who has a recorded interest in the property; and
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(iii) deliver the property to the office.
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(e) If the office issues a continuing garnishment order during the term of a writ of
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continuing garnishment issued by a court, the order issued by the office:
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(i) is tolled when a writ of garnishment or other income withholding is already in
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effect and is withholding greater than or equal to the maximum portion of
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disposable earnings described in Subsection (13);
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(ii) is collected in the amount of the difference between the maximum portion of
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disposable earnings described in Subsection (13) and the amount being garnished
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by an existing writ of continuing garnishment if the maximum portion of
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disposable earnings exceed the existing writ of garnishment or other income
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withholding; and
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(iii) shall take priority upon the termination of the current term of existing writs.
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(13) The maximum portion of disposable earnings of an individual subject to seizure in
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accordance with this section is the lesser of:
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(a) 25% of the defendant's disposable earnings for any other judgment; or
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(b) the amount by which the defendant's disposable earnings for a pay period exceeds
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the number of weeks in that pay period multiplied by 30 times the federal minimum
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wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
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(14)(a) In accordance with the requirements of this Subsection (14), the office may, at its
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discretion, determine a dollar amount that a garnishee is to withhold from earnings
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and deliver to the office in a continuing administrative garnishment order issued
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under this section.
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(b) The office may determine the dollar amount that a garnishee is to withhold from
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earnings under Subsection (14)(a) if the dollar amount determined by the office:
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(i) does not exceed the maximum amount allowed under Subsection (13); and
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(ii) is based on:
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(A) earnings information received by the office directly from the Department of
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Workforce Services; or
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(B) previous garnishments issued to the garnishee by the office where payments
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were received at a consistent dollar amount.
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(c) The earnings information or previous garnishments relied on by the office under
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Subsection (14)(b)(ii) to calculate a dollar amount under this Subsection (14) shall be:
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(i) for one debtor;
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(ii) from the same employer;
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(iii) for two or more consecutive quarters; and
424
(iv) received within the last six months.
425
(15)(a) A garnishee who provides the calculation for withholdings on a defendant's
426
wages in the garnishee's initial response to an interrogatory in an administrative
427
garnishment order under this section is not required to provide the calculation for
428
withholdings after the garnishee's initial response if:
429
(i) the garnishee's accounting system automates the amount of defendant's wages to
430
be paid under the garnishment; and
431
(ii) the defendant's wages do not vary by more than five percent from the amount
432
disclosed in the garnishee's initial response.
433
(b) Notwithstanding Subsection (15)(a), upon request by the office or the defendant, a
434
garnishee shall provide, for the last pay period or other pay period specified by the
435
office or defendant, a calculation of the defendant's wages and withholdings and the
- 13 - H.B. 562 Enrolled Copy
436
amount garnished.
437
(16)(a) A garnishee under an administrative garnishment order under this section is
438
entitled to receive a garnishee fee, as provided in this Subsection (16), in the amount
439
of:
440
(i) $10 per garnishment order, for a noncontinuing garnishment order; and
441
(ii) $25, as a one-time fee, for a continuing garnishment order.
442
(b) A garnishee may deduct the amount of the garnishee fee from the amount to be
443
remitted to the office under the administrative garnishment order, if the amount to be
444
remitted exceeds the amount of the fee.
445
(c) If the amount to be remitted to the office under an administrative garnishment order
446
does not exceed the amount of the garnishee fee:
447
(i) the garnishee shall notify the office that the amount to be remitted does not exceed
448
the amount of the garnishee fee; and
449
(ii)(A) the garnishee under a noncontinuing garnishment order shall return the
450
administrative garnishment order to the office, and the office shall pay the
451
garnishee the garnishee fee; or
452
(B) the garnishee under a continuing garnishment order shall delay remitting to
453
the office until the amount to be remitted exceeds the garnishee fee.
454
(d) If, upon receiving the administrative garnishment order, the garnishee does not
455
possess or control any property, including money or wages, in which the defendant
456
has an interest:
457
(i) the garnishee under a continuing or noncontinuing garnishment order shall, except
458
as provided in Subsection (16)(d)(ii), return the administrative garnishment order
459
to the office, and the office shall pay the garnishee the applicable garnishee fee; or
460
(ii) if the garnishee under a continuing garnishment order believes that the garnishee
461
will, within 90 days after issuance of the continuing garnishment order, come into
462
possession or control of property in which the defendant owns an interest, the
463
garnishee may retain the garnishment order and deduct the garnishee fee for a
464
continuing garnishment once the amount to be remitted exceeds the garnishee fee.
465
(17) Section 78A-2-216 does not apply to an administrative garnishment order issued under
466
this section.
467
(18) An administrative garnishment instituted in accordance with this section shall continue
468
to operate and require that a person withhold the nonexempt portion of earnings at each
469
succeeding earning disbursement interval until the total amount due in the garnishment
- 14 - Enrolled Copy H.B. 562
470
is withheld or the garnishment is released in writing by the court or office.
471
(19) If the office issues an administrative garnishment order under this section to collect an
472
amount owed on a civil accounts receivable or a civil judgment of restitution, the
473
administrative garnishment order shall be construed as a continuation of the criminal
474
action for which the civil accounts receivable or civil judgment of restitution arises if the
475
amount owed is from a fine, fee, or restitution for the criminal action.
476
Section 4. Section 77-18-114 is amended to read:
477
77-18-114 . Unpaid balance at termination of sentence -- Transfer of collection
478
responsibility -- Past due account -- Notice -- Account or judgment paid in full -- Effect of
479
civil accounts receivable and civil judgment of restitution.
480
(1) When a defendant's sentence is terminated by law or by the decision of the court or the
481
board:
482
(a) the board shall provide notice to the Office of State Debt Collection, and the Office
483
of State Debt Collection shall provide an accounting of the unpaid balance of the
484
defendant's criminal accounts receivable to the court if the defendant was on parole
485
or incarcerated at the time of termination; and
486
(b) except as provided in Subsection (1)(b)(iv), Subsection 77-18-118(1)(g), and
487
Subsection 77-27-6.1(2)(f), within 90 days after the day on which a defendant's
488
sentence is terminated, the court shall:
489
(i) enter an order for a civil accounts receivable and a civil judgment of restitution for
490
a defendant on the civil judgment docket;
491
(ii) transfer the responsibility of collecting the civil accounts receivable and the civil
492
judgment of restitution to the Office of State Debt Collection;[ and]
493
(iii) identify in the order under this Subsection (1):
494
(A) the Office of State Debt Collection as a judgment creditor for the civil
495
accounts receivable and the civil judgment of restitution; and
496
(B) the victim as a judgment creditor for the civil judgment of restitution[.] ; and
497
(iv) if the restitution is owed to the Department of Workforce Services or the
498
Department of Health and Human Services, upon request by the prosecutor or
499
victim:
500
(A) enter an order for the civil accounts receivable and a civil judgment of
501
restitution for a defendant on the civil judgment docket;
502
(B) transfer the responsibility of collecting the civil judgment of restitution to each
503
entity described in this Subsection (1)(b)(iv) that is owed restitution, with the
- 15 - H.B. 562 Enrolled Copy
504
balance owed to each entity assigned to each entity respectively if applicable;
505
(C) identify each entity that is assigned responsibility for collecting a civil
506
judgment of restitution under Subsection (1)(b)(iv)(B) as a judgment creditor
507
for the civil judgment of restitution; and
508
(D) identify the Office of State Debt Collection as a judgment creditor for any
509
civil accounts receivable and transfer the responsibility of collecting the civil
510
accounts receivable to the Office of State Debt Collection.
511
(2) If a criminal accounts receivable for the defendant is more than 90 days past due and the
512
court has ordered that a defendant does not owe restitution to any victim, or the time
513
period for entering an order for restitution has expired under Section 77-38b-205 and the
514
court has not ordered restitution, the court may:
515
(a) enter an order for a civil accounts receivable for the defendant on the civil judgment
516
docket;
517
(b) identify, in the order under Subsection (2)(a), the Office of State Debt Collection as a
518
judgment creditor for the civil accounts receivable; and
519
(c) transfer the responsibility of collecting the civil accounts receivable to the Office of
520
State Debt Collection.
521
(3) An order for a criminal accounts receivable is no longer in effect after the court enters
522
an order for a civil accounts receivable or a civil judgment of restitution under
523
Subsection (1) or (2).
524
(4) The court shall provide notice to the Office of State Debt Collection and the prosecuting
525
attorney of any hearing that affects an order for the civil accounts receivable or the civil
526
judgment of restitution.
527
(5) The Office of State Debt Collection shall notify the court when a civil judgment of
528
restitution or a civil accounts receivable is satisfied.
529
(6) When a fine, forfeiture, surcharge, cost, or fee is recorded in an order for a civil
530
accounts receivable on the civil judgment docket, or when restitution is recorded as an
531
order for a civil judgment of restitution on the civil judgment docket, the order:
532
(a) constitutes a lien on the defendant's real property until the judgment is satisfied; and
533
(b) may be collected by any means authorized by law for the collection of a civil
534
judgment.
535
(7) A criminal accounts receivable, a civil accounts receivable, and a civil judgment of
536
restitution are not subject to the civil statutes of limitation and expire only upon payment
537
in full.
- 16 - Enrolled Copy H.B. 562
538
(8)(a) If a defendant asserts that a payment was made to a victim or third party for a civil
539
judgment of restitution, or enters into any other transaction that does not involve the
540
Office of State Debt Collection, and the defendant asserts that the payment results in
541
a credit [towards] toward the civil judgment of restitution for the defendant:
542
(i) the defendant shall provide notice to the Office of State Debt Collection and the
543
prosecuting attorney within 30 days after the day on which the payment or other
544
transaction is made; and
545
(ii) the payment may only be credited towards the civil judgment of restitution and
546
does not affect any other amount owed to the Office of State Debt Collection
547
under Section 63A-3-502.
548
(b) Nothing in this Subsection (8) shall be construed to prevent a victim or a third party
549
from providing notice of a payment towards a civil judgment of restitution to the
550
Office of State Debt Collection.
551
Section 5. Section 77-20-102 is amended to read:
552
77-20-102 . Definitions.
553
As used in this chapter:
554
(1) "Bail" means pretrial release.
555
(2) "Bail bond" means the same as that term is defined in Section 31A-35-102.
556
(3) "Bail bond agency" means the same as that term is defined in Section 31A-35-102.
557
(4) "Bail bond producer" means the same as that term is defined in Section 31A-35-102.
558
(5) "County jail official" means a county sheriff or the county sheriff's designee.
559
(6) "Exonerate" means to release and discharge a surety, or a surety's bail bond producer,
560
from liability for a bail bond.
561
(7) "Financial condition" means any monetary condition that is imposed to secure an
562
individual's pretrial release.
563
(8) "Forfeiture" means:
564
(a) to divest an individual or surety from a right to the repayment of monetary bail; or
565
(b) to enforce a pledge of assets or real or personal property from an individual or surety
566
used to secure an individual's pretrial release.
567
(9) "Magistrate" means the same as that term is defined in Section 77-1-3.
568
(10)(a) "Material change in circumstances" includes:
569
(i) a preliminary examination in which relevant evidence is presented that:
570
(A) is material to the factors or considerations provided in Section 77-20-201; and
571
(B) was not known to the court at the time the pretrial status order was issued;
- 17 - H.B. 562 Enrolled Copy
572
(ii) an unreasonable delay in prosecution that is not attributable to the defendant;
573
[(ii)] (iii) a material change in the risk that an individual poses to a victim, a witness,
574
or the public if released due to the passage of time or any other relevant factor;
575
[(iii)] (iv) a material change in the conditions of release or the services that are
576
reasonably available to the defendant if released;
577
[(iv)] (v) a willful or repeated failure by the defendant to appear at required court
578
appearances; or
579
[(v)] (vi) any other material change related to the defendant's risk of flight or danger
580
to any other individual or to the community if released.
581
(b) "Material change in circumstances" does not include any fact or consideration that is
582
known at the time that the pretrial status order is issued.
583
(11) "Monetary bail" means a financial condition.
584
(12) "No bail hold" means an order with the restrictions described in Subsection (18)(c).
585
[(12)] (13) "Own recognizance" means the release of an individual without any condition of
586
release other than the individual's promise to:
587
(a) appear for all required court proceedings; and
588
(b) not commit any criminal offense.
589
[(13)] (14) "Pretrial detention hearing" means a hearing described in Section 77-20-206.
590
[(14)] (15) "Pretrial release" means the release of an individual from law enforcement
591
custody during the time the individual awaits trial or other resolution of criminal charges.
592
[(15)] (16) "Pretrial risk assessment" means an objective, research-based, validated
593
assessment tool that measures an individual's risk of flight and risk of anticipated
594
criminal conduct while on pretrial release.
595
[(16)] (17) "Pretrial services program" means a program that is established to:
596
(a) gather information on individuals booked into a jail facility;
597
(b) conduct pretrial risk assessments; and
598
(c) supervise individuals granted pretrial release.
599
[(17)] (18) "Pretrial status order" means an order issued by a magistrate or judge that:
600
(a) releases the individual on the individual's own recognizance while the individual
601
awaits trial or other resolution of criminal charges;
602
(b) sets the terms and conditions of the individual's pretrial release while the individual
603
awaits trial or other resolution of criminal charges; or
604
(c) denies pretrial release and orders that the individual be detained while the individual
605
awaits trial or other resolution of criminal charges.
- 18 - Enrolled Copy H.B. 562
606
[(18)] (19) "Principal" means the same as that term is defined in Section 31A-35-102.
607
[(19)] (20) "Surety" means a surety insurer or a bail bond agency.
608
[(20)] (21) "Surety insurer" means the same as that term is defined in Section 31A-35-102.
609
[(21)] (22) "Temporary pretrial status order" means an order issued by a magistrate that:
610
(a) releases the individual on the individual's own recognizance until a pretrial status
611
order is issued;
612
(b) sets the terms and conditions of the individual's pretrial release until a pretrial status
613
order is issued; or
614
(c) denies pretrial release and orders that the individual be detained until a pretrial status
615
order is issued.
616
[(22)] (23) "Unsecured bond" means an individual's promise to pay a financial condition if
617
the individual fails to appear for any required court appearance.
618
Section 6. Section 77-20-205 is amended to read:
619
77-20-205 . Pretrial release by a magistrate or judge.
620
(1)(a) At the time that a magistrate issues a warrant of arrest, or finds there is probable
621
cause to support the individual's arrest under Rule 9 of the Utah Rules of Criminal
622
Procedure, the magistrate shall issue a temporary pretrial status order that:
623
(i) releases the individual on the individual's own recognizance during the time the
624
individual awaits trial or other resolution of criminal charges;
625
(ii) designates a condition, or a combination of conditions, to be imposed upon the
626
individual's release during the time the individual awaits trial or other resolution
627
of criminal charges; or
628
(iii) orders the individual be detained during the time the individual awaits trial or
629
other resolution of criminal charges.
630
(b) At the time that a magistrate issues a summons, the magistrate may issue a temporary
631
pretrial status order that:
632
(i) releases the individual on the individual's own recognizance during the time the
633
individual awaits trial or other resolution of criminal charges; or
634
(ii) designates a condition, or a combination of conditions, to be imposed upon the
635
individual's release during the time the individual awaits trial or other resolution
636
of criminal charges, subject to the requirements of Subsection (1)(c).
637
(c)(i) Notwithstanding Subsection (1)(a) or (b), a magistrate shall issue a temporary
638
pretrial status order of detention under Subsection [(1) that detains an individual]
639
(1)(a)(iii) if the individual is arrested for a felony offense and the magistrate finds:
- 19 - H.B. 562 Enrolled Copy
640
[(i)] (A) there is substantial evidence to support the individual's arrest for the
641
felony offense;
642
[(ii)] (B) the individual committed the felony offense while:
643
[(A)] (I) the individual was on parole or probation for a conviction of a felony
644
offense; or
645
[(B)] (II) the individual was released and awaiting trial on a previous charge for
646
a felony offense; and
647
[(iii)] (C) based on information reasonably available to the magistrate, the
648
individual[ has at least nine cases where the individual has been charged or
649
convicted, or entered a plea of guilty, within five years from the day on which
650
the individual was arrested for the felony offense described in Subsection
651
(1)(c)(i)] :
652
(I) is a habitual offender as defined in Section 77-18-102; or
653
(II) will be a habitual offender as defined in Section 77-18-102 if the individual
654
is convicted of the felony offense.
655
(d) Subsection (1)(c) does not limit or prohibit a magistrate's authority to detain an
656
individual who does not meet the requirements described in Subsection (1)(c).
657
(2)(a) Except as provided in Subsection (2)(b), the magistrate or judge shall issue a
658
pretrial status order at an individual's first appearance before the court.
659
(b) The magistrate or judge may delay the issuance of a pretrial status order at an
660
individual's first appearance before the court:
661
(i) until a pretrial detention hearing is held if a prosecuting attorney makes a motion
662
for pretrial detention as described in Section 77-20-206;
663
(ii) if a party requests a delay; or
664
(iii) if there is good cause to delay the issuance.
665
(c) If a magistrate or judge delays the issuance of a pretrial status order under Subsection
666
(2)(b), the magistrate or judge shall extend the temporary pretrial status order until
667
the issuance of a pretrial status order.
668
(d) A request for a pretrial release that has not been fully presented to and ruled upon by
669
the magistrate or judge at an initial appearance does not constitute a pretrial detention
670
hearing under Section 77-20-206.
671
(3)(a) When a magistrate or judge issues a pretrial status order, the pretrial status order
672
shall:
673
(i) release the individual on the individual's own recognizance during the time the
- 20 - Enrolled Copy H.B. 562
674
individual awaits trial or other resolution of criminal charges;
675
(ii) designate a condition, or a combination of conditions, to be imposed upon the
676
individual's release during the time the individual awaits trial or other resolution
677
of criminal charges; or
678
(iii) subject to the requirements of Subsection (10), order the individual to be
679
detained during the time that individual awaits trial or other resolution of criminal
680
charges.
681
(b) In making a determination about pretrial release in a pretrial status order, the
682
magistrate or judge may not give any deference to a magistrate's decision in a
683
temporary pretrial status order.
684
(4) In making a determination about pretrial release, a magistrate or judge shall impose:
685
(a) [ ]only conditions of release that are reasonably available; and
686
(b) conditions of release that reasonably ensure:
687
(i) the individual's appearance in court when required;
688
(ii) the safety of any witnesses or victims of the offense allegedly committed by the
689
individual;
690
(iii) the safety and welfare of the public; and
691
(iv) that the individual will not obstruct, or attempt to obstruct, the criminal justice
692
process.
693
(5) Except as provided in Subsection (1)(c) or (6), a magistrate or judge may impose a
694
condition, or combination of conditions, for pretrial release that requires an individual to:
695
(a) not commit a federal, state, or local offense during the period of pretrial release;
696
(b) avoid contact with a victim of the alleged offense;
697
(c) avoid contact with a witness who:
698
(i) may testify concerning the alleged offense; and
699
(ii) is named in the pretrial status order;
700
(d) not consume alcohol or any narcotic drug or other controlled substance unless
701
prescribed by a licensed medical practitioner;
702
(e) submit to drug or alcohol testing;
703
(f) complete a substance abuse evaluation and comply with any recommended treatment
704
or release program;
705
(g) submit to electronic monitoring or location device tracking;
706
(h) participate in inpatient or outpatient medical, behavioral, psychological, or
707
psychiatric treatment;
- 21 - H.B. 562 Enrolled Copy
708
(i) maintain employment or actively seek employment if unemployed;
709
(j) maintain or commence an education program;
710
(k) comply with limitations on where the individual is allowed to be located or the times
711
that the individual shall be, or may not be, at a specified location;
712
(l) comply with specified restrictions on personal associations, place of residence, or
713
travel;
714
(m) report to a law enforcement agency, pretrial services program, or other designated
715
agency at a specified frequency or on specified dates;
716
(n) comply with a specified curfew;
717
(o) forfeit or refrain from possession of a firearm or other dangerous weapon;
718
(p) if the individual is charged with an offense against a child, limit or prohibit access to
719
any location or occupation where children are located, including any residence where
720
children are on the premises, activities where children are involved, locations where
721
children congregate, or where a reasonable person would know that children
722
congregate;
723
(q) comply with requirements for house arrest;
724
(r) return to custody for a specified period of time following release for employment,
725
schooling, or other limited purposes;
726
(s) remain in custody of one or more designated individuals who agree to:
727
(i) supervise and report on the behavior and activities of the individual; and
728
(ii) encourage compliance with all court orders and attendance at all required court
729
proceedings;
730
(t) comply with a financial condition; or
731
(u) comply with any other condition that is reasonably available and necessary to ensure
732
compliance with Subsection (4).
733
(6)(a) If a county or municipality has established a pretrial services program, the
734
magistrate or judge shall consider the services that the county or municipality has
735
identified as available in determining what conditions of release to impose.
736
(b) The magistrate or judge may not order conditions of release that would require the
737
county or municipality to provide services that are not currently available from the
738
county or municipality.
739
(c) Notwithstanding Subsection (6)(a), the magistrate or judge may impose conditions of
740
release not identified by the county or municipality so long as the condition does not
741
require assistance or resources from the county or municipality.
- 22 - Enrolled Copy H.B. 562
742
(7)(a) If the magistrate or judge determines that a financial condition, other than an
743
unsecured bond, is necessary to impose as a condition of release, the magistrate or
744
judge shall, when determining the amount of the financial condition, refer to the
745
financial condition schedule in Section 77-20-205.5 and consider the individual's risk
746
of failing to appear and ability to pay[ when determining the amount of the financial
747
condition].
748
(b) If the magistrate or judge determines that a financial condition is necessary to impose
749
as a condition of release, and a county jail official fixed a financial condition for the
750
individual under Section 77-20-204, the magistrate or judge may not give any
751
deference to:
752
(i) the county jail official's action to fix a financial condition; or
753
(ii) the amount of the financial condition that the individual was required to pay for
754
pretrial release.
755
(c) If a magistrate or judge orders a financial condition as a condition of release, the
756
judge or magistrate shall set the financial condition at a single amount per case.
757
(8) In making a determination about pretrial release, the magistrate or judge may:
758
(a) rely upon information contained in:
759
(i) the indictment or information;
760
(ii) any sworn or probable cause statement or other information provided by law
761
enforcement;
762
(iii) a pretrial risk assessment;
763
(iv) an affidavit of indigency described in Section 78B-22-201.5;
764
(v) witness statements or testimony;
765
(vi) the results of a lethality assessment completed in accordance with Section
766
77-36-2.1; or
767
(vii) any other reliable record or source, including proffered evidence; and
768
(b) consider:
769
(i) the nature and circumstances of the offense, or offenses, that the individual was
770
arrested for, or charged with, including:
771
(A) whether the offense is a violent offense; and
772
(B) the vulnerability of a witness or alleged victim;
773
(ii) the nature and circumstances of the individual, including the individual's:
774
(A) character;
775
(B) physical and mental health;
- 23 - H.B. 562 Enrolled Copy
776
(C) family and community ties;
777
(D) employment status or history;
778
(E) financial resources;
779
(F) past criminal conduct;
780
(G) history of drug or alcohol abuse; and
781
(H) history of timely appearances at required court proceedings;
782
(iii) the potential danger to another individual, or individuals, posed by the release of
783
the individual;
784
(iv) whether the individual was on probation, parole, or release pending an upcoming
785
court proceeding at the time the individual allegedly committed the offense or
786
offenses;
787
(v) the availability of:
788
(A) other individuals who agree to assist the individual in attending court when
789
required; or
790
(B) supervision of the individual in the individual's community;
791
(vi) the eligibility and willingness of the individual to participate in various treatment
792
programs, including drug treatment; or
793
(vii) other evidence relevant to the individual's likelihood of fleeing or violating the
794
law if released.
795
(9) The magistrate or judge may not base a determination about pretrial release solely:
796
(a) on the seriousness or type of offense that the individual is arrested for or charged
797
with, unless the individual is arrested for or charged with a capital felony; or
798
(b) on an algorithm or a risk assessment tool score.
799
(10) If the magistrate or judge issues an order pursuant to Subsection 77-20-205(3)(a)(iii),
800
the magistrate or judge shall make sufficiently detailed findings of fact on the risk of
801
substantial danger or flight from the court's jurisdiction to enable a reviewing court to
802
ensure that the magistrate's or judge's determination reasonably considered all of the
803
evidence presented to the court.
804
[(10)] (11) An individual arrested for violation of a jail release agreement, or a jail release
805
court order, issued in accordance with Section 78B-7-802:
806
(a) may not be released before the individual's first appearance before a magistrate or
807
judge; and
808
(b) may be denied pretrial release by the magistrate or judge.
809
Section 7. Section 77-20-205.5 is enacted to read:
- 24 - Enrolled Copy H.B. 562
810
77-20-205.5 . Financial condition schedule.
811
(1) For a felony, the default amount for a financial condition is:
812
(a) $25,000 for a first degree felony with a minimum mandatory sentence;
813
(b) $20,000 for a first degree felony without a minimum mandatory sentence;
814
(c) $10,000 for a second degree felony; and
815
(d) $5,000 for a third degree felony.
816
(2) For a misdemeanor or infraction other than a local ordinance, the default amount for a
817
financial condition is:
818
(a) $2,000 for a class A misdemeanor;
819
(b) $700 for a class B misdemeanor;
820
(c) $350 for a class C misdemeanor; and
821
(d) $130 for an infraction.
822
(3) For a violation of a local ordinance, the default amount for a financial condition is:
823
(a) $150 for a class B violation;
824
(b) $80 for a class C violation; and
825
(c) $25 for an infraction.
826
Section 8. Section 77-20-206 is amended to read:
827
77-20-206 . Motion for pretrial detention -- Pretrial detention hearing --
828
Requirements for no bail holds.
829
(1)(a) If the criminal charges filed against an individual include one or more offenses
830
eligible for detention under Subsection 77-20-201(1) or Utah Constitution, Article I,
831
Section 8, the prosecuting attorney may make a motion for pretrial detention.
832
(b) A prosecuting attorney shall not omit from the prosecuting attorney's motion for
833
pretrial detention any material information that is known to the prosecuting attorney
834
to be favorable to the individual.
835
(c) The motion for pretrial detention may include proposed factual findings for the court
836
to adopt.
837
[(b)] (d) Upon receiving a motion for pretrial detention under Subsection (1)(a), the
838
judge shall set a pretrial detention hearing in accordance with Subsection (2).
839
(2)(a) If a pretrial status order is not issued at an individual's first appearance and the
840
individual remains detained, a pretrial detention hearing shall be held at the next
841
available court hearing that is:
842
[(a)] (i) no sooner than seven days from the day on which the defendant was arrested;
843
and
- 25 - H.B. 562 Enrolled Copy
844
[(b)] (ii) no later than fourteen days from the day on which the defendant was arrested.
845
(b) A judge who is unable to hold a detention hearing within 14 days of the date of an
846
individual's first appearance shall make a good faith effort to identify another judge
847
who has the ability to conduct the detention hearing within 14 days of the date of the
848
individual's first appearance.
849
(3)(a) An individual, who is the subject of a pretrial detention hearing, has the right to be
850
represented by counsel at the pretrial detention hearing.
851
(b) If a judge finds the individual is indigent under Section 78B-22-202, the judge shall
852
appoint counsel to represent the individual in accordance with Section 78B-22-203.
853
(4) At the pretrial detention hearing:
854
(a) the judge shall give both parties the opportunity to make arguments and to present
855
relevant evidence or information;
856
(b) the prosecuting attorney and the defendant have a right to subpoena witnesses to
857
testify; and
858
(c) the judge shall issue a pretrial status order in accordance with Subsection (5) and
859
Section 77-20-205.
860
(5) After hearing evidence on a motion for pretrial detention, and based on the totality of
861
the circumstances, a judge may order detention if:
862
(a) the individual is accused of committing an offense that qualifies for detention of the
863
individual under Subsection 77-20-201(1) or Utah Constitution, Article I, Section 8;
864
and
865
(b) the prosecuting attorney demonstrates substantial evidence to support the charge, and
866
meets all additional evidentiary burdens required under Subsection 77-20-201(1) or
867
Utah Constitution, Article I, Section 8.
868
(6) An alleged victim has the right to be heard at a pretrial detention hearing on a motion
869
for pretrial detention.
870
(7) If a defendant seeks to subpoena an alleged victim who did not willingly testify at the
871
pretrial detention hearing, a defendant may issue a subpoena, at the conclusion of the
872
pretrial detention hearing, compelling the alleged victim to testify at a subsequent
873
hearing only if the judge finds that the testimony sought by the subpoena:
874
(a) is material to the substantial evidence or clear and convincing evidence
875
determinations described in Section 77-20-201 in light of all information presented to
876
the court; and
877
(b) would not unnecessarily intrude on the rights of the victim or place an undue burden
- 26 - Enrolled Copy H.B. 562
878
on the victim.
879
Section 9. Section 77-20-207 is amended to read:
880
77-20-207 . Modification of pretrial status order -- Failure to appear.
881
(1) A party may move to modify a pretrial status order:
882
(a) at any time after a pretrial status order is issued; and
883
(b) only upon a showing that there has been a material change in circumstances.
884
(2)(a) Notwithstanding Subsection (1), a defendant may move to modify a pretrial status
885
order if:
886
(i) the magistrate or judge imposed a financial condition as a condition of release in
887
the pretrial status order; and
888
(ii) the defendant is unable to pay the financial condition within seven days after the
889
day on which the pretrial status order is issued.
890
(b) For a motion under Subsection (2)(a), there is a rebuttable presumption that the
891
defendant does not have the ability to pay the financial condition.
892
(3)(a) If a party makes a motion to modify the pretrial status order, the party shall
893
provide notice to the opposing party sufficient to permit the opposing party to prepare
894
for a hearing and to permit each alleged victim to be notified and be present.
895
(b) A hearing on a motion to modify a pretrial status order may be held in conjunction
896
with a preliminary hearing or any other pretrial hearing.
897
(4) In ruling upon a motion to modify a pretrial status order, the judge may:
898
(a) rely on information as provided in Subsection 77-20-205(8);
899
(b) base the judge's ruling on evidence provided at the hearing so long as each party is
900
provided an opportunity to present additional evidence or information relevant to
901
pretrial release; and
902
(c)(i) for a motion to modify a pretrial status order under Subsection (1), modify the
903
pretrial status order, including the conditions of release, upon a finding that there
904
has been a material change in circumstances; or
905
(ii) for a motion to modify a pretrial status order under Subsection (2), modify the
906
pretrial status order by reducing the amount of the financial condition or imposing
907
nonfinancial conditions of release upon a finding that the defendant is unable to
908
pay the amount of the financial condition in the pretrial status order.
909
(5) In modifying a pretrial status order upon a motion by a party or on the court's own
910
motion, the court shall consider whether imposing a bail bond as a condition of release
911
in a modified pretrial status order will increase the likelihood of the defendant's
- 27 - H.B. 562 Enrolled Copy
912
appearance when:
913
(a) the defendant was previously released on the defendant's own recognizance or on
914
nonfinancial conditions;
915
(b) the defendant willfully failed to appear at a required court appearance or has failed to
916
appear at a required court appearance more than once; and
917
(c) a bench warrant was issued.
918
(6) A court may not modify a pretrial status order to a no bail hold solely on the basis of a
919
failure to appear.
920
[(6)] (7) Subsections 77-20-205(3) through [(10)] (11) apply to a determination about pretrial
921
release in a modified pretrial status order.
922
Section 10. Section 77-27-5 is amended to read:
923
77-27-5 . Board of Pardons and Parole authority.
924
(1)(a) Subject to this chapter and other laws of the state, and except for a conviction for
925
treason or impeachment, the board shall determine by majority decision when and
926
under what conditions an offender's conviction may be pardoned or commuted.
927
(b) The board shall determine by majority decision when and under what conditions an
928
offender committed to serve a sentence at a penal or correctional facility, which is
929
under the jurisdiction of the department, may:
930
(i) be released upon parole;
931
(ii) have a fine or forfeiture remitted;
932
(iii) have the offender's criminal accounts receivable remitted in accordance with
933
Section 77-32b-105 or 77-32b-106;
934
(iv) have the offender's payment schedule modified in accordance with Section
935
77-32b-103; or
936
(v) have the offender's sentence terminated.
937
(c) The board shall prioritize public safety when making a determination under
938
Subsection (1)(a) or (1)(b).
939
(d)(i) The board may sit together or in panels to conduct hearings.
940
(ii) The chair shall appoint members to the panels in any combination and in
941
accordance with rules made by the board in accordance with Title 63G, Chapter 3,
942
Utah Administrative Rulemaking Act.
943
(iii) The chair may participate on any panel and when doing so is chair of the panel.
944
(iv) The chair of the board may designate the chair for any other panel.
945
(e)(i) Except after a hearing before the board, or the board's appointed examiner, in
- 28 - Enrolled Copy H.B. 562
946
an open session, the board may not:
947
(A) remit a fine or forfeiture for an offender or the offender's criminal accounts
948
receivable;
949
(B) release the offender on parole; or
950
(C) commute, pardon, or terminate an offender's sentence.
951
(ii) An action taken under this Subsection (1) other than by a majority of the board
952
shall be affirmed by a majority of the board.
953
(f) A commutation or pardon may be granted only after a full hearing before the board.
954
(2)(a) In the case of a hearing, timely prior notice of the time and location of the hearing
955
shall be given to the offender.
956
(b) The county or district attorney's office responsible for prosecution of the case, the
957
sentencing court, and law enforcement officials responsible for the defendant's arrest
958
and conviction shall be notified of any board hearings through the board's website.
959
(c) Whenever possible, the victim or the victim's representative, if designated, shall be
960
notified of original hearings and any hearing after that if notification is requested and
961
current contact information has been provided to the board.
962
(d)(i) Notice to the victim or the victim's representative shall include information
963
provided in Section 77-27-9.5, and any related rules made by the board under that
964
section.
965
(ii) The information under Subsection (2)(d)(i) shall be provided in terms that are
966
reasonable for the lay person to understand.
967
(3)(a) A decision by the board is final and not subject for judicial review if the decision
968
is regarding:
969
(i) a pardon, parole, commutation, or termination of an offender's sentence;
970
(ii) restitution, the modification of an offender's payment schedule for restitution, or
971
an order for costs; or
972
(iii) the remission of an offender's criminal accounts receivable or a fine or forfeiture.
973
(b) Deliberative processes are not public and the board is exempt from Title 52, Chapter
974
4, Open and Public Meetings Act, when the board is engaged in the board's
975
deliberative process.
976
(c) Pursuant to Subsection 63G-2-103(25)(b)(xi), records of the deliberative process are
977
exempt from Title 63G, Chapter 2, Government Records Access and Management
978
Act.
979
(d) Unless it will interfere with a constitutional right, deliberative processes are not
- 29 - H.B. 562 Enrolled Copy
980
subject to disclosure, including discovery.
981
(e) Nothing in this section prevents the obtaining or enforcement of a civil judgment.
982
(4)(a) This chapter may not be construed as a denial of or limitation of the governor's
983
power to grant respite or reprieves in all cases of convictions for offenses against the
984
state, except treason or conviction on impeachment.
985
(b) Notwithstanding Subsection (4)(a), respites or reprieves may not extend beyond the
986
next session of the board.
987
(c) At the next session of the board, the board:
988
(i) shall continue or terminate the respite or reprieve; or
989
(ii) may commute the punishment or pardon the offense as provided.
990
(d) In the case of conviction for treason, the governor may suspend execution of the
991
sentence until the case is reported to the Legislature at the Legislature's next session.
992
(e) The Legislature shall pardon or commute the sentence or direct the sentence's
993
execution.
994
(5)(a) In determining when, where, and under what conditions an offender serving a
995
sentence may be paroled or pardoned, have a fine or forfeiture remitted, have the
996
offender's criminal accounts receivable remitted, or have the offender's sentence
997
commuted or terminated, the board shall:
998
(i) consider whether the offender has made restitution ordered by the court under
999
Section 77-38b-205, or is prepared to pay restitution as a condition of any parole,
1000
pardon, remission of a criminal accounts receivable or a fine or forfeiture, or a
1001
commutation or termination of the offender's sentence;
1002
(ii) except as provided in Subsection (5)(b), develop and use a list of criteria for
1003
making determinations under this Subsection (5);
1004
(iii) consider information provided by the department regarding an offender's
1005
individual case action plan; and
1006
(iv) review an offender's status within 60 days after the day on which the board
1007
receives notice from the department that the offender has completed all of the
1008
offender's case action plan components that relate to activities that can be
1009
accomplished while the offender is imprisoned.
1010
(b) The board shall determine whether to remit an offender's criminal accounts
1011
receivable under this Subsection (5) in accordance with Section 77-32b-105 or
1012
77-32b-106.
1013
(6) In determining whether parole may be terminated, the board shall consider:
- 30 - Enrolled Copy H.B. 562
1014
(a) the offense committed by the parolee; and
1015
(b) the parole period under Section 76-3-202, and in accordance with Section 77-27-13.
1016
(7) For an offender placed on parole after December 31, 2018, the board shall terminate
1017
parole in accordance with the adult sentencing and supervision length guidelines, as
1018
defined in Section 63M-7-401.1, to the extent the guidelines are consistent with the
1019
requirements of the law.
1020
(8) The board may not rely solely on an algorithm or a risk assessment tool score in
1021
determining whether parole should be granted or terminated for an offender.
1022
(9) The board may intervene as a limited-purpose party in a judicial or administrative
1023
proceeding, including a criminal action, to seek:
1024
(a) correction of an order that has or will impact the board's jurisdiction; or
1025
(b) clarification regarding an order that may impact the board's jurisdiction.
1026
(10) A motion to intervene brought under Subsection [(8)(a)] (9)(a) shall be raised within 60
1027
days after the day on which a court enters the order that impacts the board's jurisdiction.
1028
Section 11. Section 77-27-6.1 is amended to read:
1029
77-27-6.1 . Payment of a criminal accounts receivable -- Failure to enter an order
1030
for restitution or create a criminal accounts receivable -- Modification of a criminal
1031
accounts receivable -- Order for recovery of costs or pecuniary damages.
1032
(1) For an offender sentenced on or after July 1, 2021:
1033
(a) [When] when an offender is committed to prison, the board may require the offender
1034
to pay the offender's criminal accounts receivable ordered by the court during the
1035
period of incarceration or parole supervision[.] ;
1036
[(2)] (b) [If] if the board orders the release of an offender on parole and there is an unpaid
1037
balance on the offender's criminal accounts receivable, the board may modify the
1038
payment schedule entered by the court for the offender's criminal accounts receivable
1039
in accordance with Section 77-32b-105[.] ;
1040
[(3)] (c)[(a)] (i) [If] if the sentencing court has not entered an order of restitution for an
1041
offender who is under the jurisdiction of the board, the board shall refer the
1042
offender's case to the sentencing court, within the time periods described in
1043
Section 77-38b-205, to enter an order for restitution for the offender in accordance
1044
with Section 77-38b-205[.] ; and
1045
[(b)] (ii) [If] if the sentencing court has not entered an order to establish a criminal
1046
accounts receivable for an offender who is under the jurisdiction of the board, the
1047
board shall refer the offender's case to the sentencing court, within the time
- 31 - H.B. 562 Enrolled Copy
1048
periods described in Section 77-38b-205, to enter an order to establish a criminal
1049
accounts receivable for the offender in accordance with Section 77-32b-103[.] ; and
1050
[(4)] (d)[(a)] (i) [If] if there is a challenge to an offender's criminal accounts receivable,
1051
the board shall refer the offender's case to the sentencing court, within the time
1052
periods described in Section 77-38b-205, to resolve the challenge to the criminal
1053
accounts receivable[.] ; and
1054
[(b)] (ii) [If] if a sentencing court modifies a criminal accounts receivable after the
1055
offender is committed to prison, the sentencing court shall provide notice to the
1056
board of the modification.
1057
(2) For an offender sentenced before July 1, 2021:
1058
(a) the board may impose any court order for restitution;
1059
(b) the board may order that a defendant make restitution for pecuniary damages that
1060
were not determined by the court, unless the board determines that restitution is
1061
inappropriate based upon application of the following criteria:
1062
(i) if the offense resulted in damage to or loss or destruction of property of a victim of
1063
the offense, the cost of the damage or loss;
1064
(ii) the cost of necessary medical and related professional services and devices
1065
relating to physical or mental health care, including nonmedical care and
1066
treatment rendered in accordance with a method of healing recognized by the law
1067
of the place of treatment;
1068
(iii) the cost of necessary physical and occupational therapy and rehabilitation;
1069
(iv) the income lost by the victim as a result of the offense;
1070
(v) the individual victim's reasonable determinable wages lost due to theft of or
1071
damage to tools or equipment items of a trade that were owned by the victim and
1072
were essential to the victim's current employment at the time of the offense;
1073
(vi) the cost of necessary funeral and related services if the offense resulted in the
1074
death of a victim; and
1075
(vii) expenses incurred by a victim in implementing reasonable security measures in
1076
response to the offense;
1077
(c) except as provided in Subsection (2)(d), the board shall make all orders of restitution
1078
within 60 days after the termination or expiration of the defendant's sentence;
1079
(d) if, upon termination or expiration of a defendant's sentence, the board has continuing
1080
jurisdiction over the defendant for a separate criminal offense, the board may defer
1081
making an order of restitution until 60 days after termination or expiration of all
- 32 - Enrolled Copy H.B. 562
1082
sentences for that defendant;
1083
(e) if, upon termination or expiration of a defendant's sentence, the defendant owes
1084
outstanding fines, restitution, or other assessed costs, or if the board makes an order
1085
of restitution within 60 days after the termination or expiration of the defendant's
1086
sentence:
1087
(i) the matter shall be referred to the district court for civil collection remedies;
1088
(ii) the Board of Pardons and Parole shall forward a restitution order to the
1089
sentencing court to be entered on the judgment docket as a civil judgment of
1090
restitution; and
1091
(iii) the judgment docket entry shall constitute a lien and is subject to the same rules
1092
as a judgment for money in a civil judgment; and
1093
(f) if the board makes an order of restitution within 60 days after termination or
1094
expiration of the defendant's sentence, a defendant shall have 90 days after the board
1095
makes the order to file a petition for remittance in accordance with Section
1096
77-32b-106;
1097
(i) if a defendant timely files a petition for remittance, the board shall forward any
1098
unpaid amount of the restitution to the trial court to be entered on the judgment
1099
docket as a civil judgment of restitution within 30 days of resolving the
1100
defendant's petition; and
1101
(ii) if the defendant does not timely file a petition for remittance, the board shall
1102
forward the unpaid amount of restitution to the trial court to be entered on the
1103
judgment docket as a civil judgment of restitution within 30 days of the expiration
1104
of the time for the defendant to file the petition.
1105
[(5)] (3) The board may enter an order to recover any cost or fee incurred by the department,
1106
or the state or any other agency, arising out of the offender's needs or conduct.
1107
Section 12. Section 77-32b-103 is amended to read:
1108
77-32b-103 . Establishment of a criminal accounts receivable -- Responsibility --
1109
Payment schedule -- Delinquency or default.
1110
(1)(a) Except as provided in Subsection (1)(b) and (c), at the time of sentencing or
1111
acceptance of a plea in abeyance, the court shall enter an order to establish a criminal
1112
accounts receivable for the defendant.
1113
(b) The court is not required to create a criminal accounts receivable for the defendant
1114
under Subsection (1)(a) if the court finds that the defendant does not owe restitution
1115
and there are no other fines or fees to be assessed against the defendant.
- 33 - H.B. 562 Enrolled Copy
1116
(c) If the court does not create a criminal accounts receivable for a defendant under
1117
Subsection (1)(a), the court shall enter an order to establish a criminal accounts
1118
receivable for the defendant at the time the court enters an order for restitution under
1119
Section 77-38b-205.
1120
(2) [After] Except as provided in Subsection (7), after establishing a criminal accounts
1121
receivable for a defendant, the court shall:
1122
(a) if a prison sentence is imposed and not suspended for the defendant:
1123
(i) accept any payment for the criminal accounts receivable that is tendered on the
1124
date of sentencing; and
1125
(ii) transfer the responsibility of receiving, distributing, and processing payments for
1126
the criminal accounts receivable to the Office of State Debt Collection; and
1127
(b) for all other cases:
1128
(i) retain the responsibility for receiving, processing, and distributing payments for
1129
the criminal accounts receivable until the court enters a civil accounts receivable
1130
or civil judgment of restitution on the civil judgment docket under Subsection
1131
77-18-114(1) or (2); and
1132
(ii) record each payment by the defendant on the case docket.
1133
(c) For a criminal accounts receivable that a court retains responsibility for receiving,
1134
processing, and distributing payments under Subsection (2)(b)(i), the Judicial Council
1135
may establish rules to require a defendant to pay the cost, or a portion of the cost, for
1136
an electronic payment fee that is charged by a financial institution for the use of a
1137
credit or debit card to make payments towards the criminal accounts receivable.
1138
(3)(a) Upon entering an order for a criminal accounts receivable, the court shall establish
1139
a payment schedule for the defendant to make payments towards the criminal
1140
accounts receivable.
1141
(b) In establishing the payment schedule for the defendant, the court shall consider:
1142
(i) the needs of the victim if the criminal accounts receivable includes an order for
1143
restitution under Section 77-38b-205;
1144
(ii) the financial resources of the defendant, as disclosed in the financial declaration
1145
under Section 77-38b-204 or in evidence obtained by subpoena under Subsection
1146
77-38b-402(1)(b);
1147
(iii) the burden that the payment schedule will impose on the defendant regarding the
1148
other reasonable obligations of the defendant;
1149
(iv) the ability of the defendant to pay restitution on an installment basis or on other
- 34 - Enrolled Copy H.B. 562
1150
conditions fixed by the court;
1151
(v) the rehabilitative effect on the defendant of the payment of restitution and method
1152
of payment; and
1153
(vi) any other circumstance that the court determines is relevant.
1154
(c) If the court is unable to determine the appropriate amount for the payment schedule
1155
or does not set an amount for the payment schedule, the defendant is required to pay
1156
$50 per month toward the criminal accounts receivable.
1157
(4) A payment schedule for a criminal accounts receivable does not limit the ability of a
1158
judgment creditor to pursue collection by any means allowable by law.
1159
(5) If the court orders restitution under Section 77-38b-205, or makes another financial
1160
decision, after sentencing that increases the total amount owed in a defendant's case, the
1161
defendant's criminal accounts receivable balance shall be adjusted to include any new
1162
amount ordered by the court.
1163
(6)(a) If a defendant is incarcerated in a county jail or a secure correctional facility, as
1164
defined in Section 64-13-1, or the defendant is involuntarily committed under Section
1165
26B-5-332:
1166
(i) all payments for a payment schedule shall be suspended for the period of time that
1167
the defendant is incarcerated or involuntarily committed, unless the court, or the
1168
board if the defendant is under the jurisdiction of the board, expressly orders the
1169
defendant to make payments according to the payment schedule; and
1170
(ii) the defendant shall provide the court with notice of the incarceration or
1171
involuntary commitment.
1172
(b) A suspension under Subsection (6)(a) shall remain in place for 60 days after the day
1173
in which the defendant is released from incarceration or commitment.
1174
(7)(a) If the defendant owes restitution to the Department of Workforce Services or
1175
Department of Health and Human Services, the court may order that all or a portion
1176
of criminal accounts receivable be paid directly to the governmental agency or entity.
1177
(b) If the authority to collect all or a portion of the criminal accounts receivable is given
1178
to a governmental agency or entity under this Subsection (7), the governmental
1179
agency or entity shall maintain an accounting of all payments made or credits toward
1180
reduction of the balance of the criminal accounts receivable.
1181
(c) The governmental entity or agency shall provide a copy of the accounting upon filing
1182
an order to show cause in the criminal case to the court or upon request to the court,
1183
Board of Pardons and Parole, Department of Corrections, private probation provider,
- 35 - H.B. 562 Enrolled Copy
1184
prosecutor, defendant, or other victim.
1185
Section 13. Section 77-38b-202 is amended to read:
1186
77-38b-202 . Prosecuting attorney responsibility for collecting restitution
1187
information -- Depositing restitution on behalf of victim.
1188
(1) If a prosecuting attorney files a criminal charge against a defendant, the prosecuting
1189
attorney shall:
1190
(a) contact any known victim of the offense for which the criminal charge is filed, or
1191
person asserting a claim for restitution on behalf of the victim; and
1192
(b) gather the following information from the victim or person:
1193
(i) the name of the victim or person; and
1194
(ii) the actual or estimated amount of restitution.
1195
(2)(a) When a conviction, a diversion agreement, or a plea in abeyance is entered by the
1196
court, the prosecuting attorney shall provide the court with the information gathered
1197
by the prosecuting attorney under Subsection (1)(b).
1198
(b) If, at the time of the plea disposition or conviction, the prosecuting attorney does not
1199
have all the information under Subsection (1)(b), the prosecuting attorney shall
1200
provide the defendant with:
1201
(i) at the time of plea disposition or conviction, all information under Subsection
1202
(1)(b) that is reasonably available to the prosecuting attorney; and
1203
(ii) any information under Subsection (1)(b) as the information becomes available to
1204
the prosecuting attorney.
1205
(c) Nothing in this section shall be construed to prevent a prosecuting attorney, a victim,
1206
or a person asserting a claim for restitution on behalf of a victim from:
1207
(i) submitting information on, or a request for, restitution to the court within the time
1208
periods described in Section 77-38b-205; or
1209
(ii) submitting information on, or a request for, restitution for additional or
1210
substituted victims within the time periods described in Section 77-38b-205.
1211
(3)(a) The prosecuting attorney may be authorized by the sentencing court or appropriate
1212
public treasurer to deposit restitution collected on behalf of a victim into an
1213
interest-bearing account in accordance with Title 51, Chapter 7, State Money
1214
Management Act, pending the distribution of the funds to the victim.
1215
(b) If restitution is deposited into an interest-bearing account under Subsection (3)(a),
1216
the prosecuting attorney shall:
1217
(i) distribute any interest that accrues in the account to each victim on a pro rata
- 36 - Enrolled Copy H.B. 562
1218
basis; and
1219
(ii) if all victims have been made whole and funds remain in the account, distribute
1220
any remaining funds to the Division of Finance, created in Section 63A-3-101, to
1221
deposit to the Utah Office for Victims of Crime.
1222
(c) Nothing in this section prevents an independent judicial authority from collecting,
1223
holding, and distributing restitution.
1224
Section 14. Section 77-38b-301 is amended to read:
1225
77-38b-301 . Entry of a civil judgment of restitution and civil accounts receivable
1226
-- Continuation of the criminal action -- Interest -- Delinquency.
1227
(1) As used in this section, "civil judgment" means an order for:
1228
(a) a civil judgment of restitution; or
1229
(b) a civil accounts receivable.
1230
(2) If the court has entered a civil judgment on the civil judgment docket under Section
1231
77-18-114, the civil judgment is enforceable under the Utah Rules of Civil Procedure.
1232
(3)(a) Notwithstanding Sections 77-18-114, 78B-2-311, and 78B-5-202, a civil judgment
1233
shall expire only upon payment in full, including any applicable interest, collection
1234
fees, attorney fees, and liens that directly result from the civil judgment.
1235
(b) Interest on a civil judgment may only accrue from the day on which the civil
1236
judgment is entered on the civil judgment docket by the court.
1237
(c) This Subsection (3) applies to all civil judgments that are not paid in full on or before
1238
May 12, 2009.
1239
(4) A civil judgment is considered entered on the civil judgment docket when the civil
1240
judgment appears on the [civil judgment] court docket with:
1241
(a) an amount owed by the defendant;
1242
(b) the name of the defendant as the judgment debtor; and
1243
(c) the name of the judgment creditors described in Subsections 77-18-114(1)(b)(iii) and
1244
(2)(b).
1245
(5) If a civil judgment becomes delinquent, or is in default, and upon a motion from a
1246
judgment creditor, the court may order the defendant to appear and show cause why the
1247
defendant should not be held in contempt under Section 78B-6-317 for the delinquency
1248
or the default.
1249
(6) Notwithstanding any other provision of law:
1250
(a) a civil judgment is an obligation that arises out of a defendant's criminal case;
1251
(b) a civil judgment is criminal in nature;
- 37 - H.B. 562 Enrolled Copy
1252
(c) the civil enforcement of a civil judgment shall be construed as a continuation of the
1253
criminal action for which the civil judgment arises; and
1254
(d) the civil enforcement of a civil judgment does not divest a defendant of an obligation
1255
imposed as part of the defendant's punishment in a criminal action.
1256
Section 15. Section 78A-2-214 is amended to read:
1257
78A-2-214 . Collection of accounts receivable.
1258
(1) As used in this section:
1259
(a) "Accounts receivable" means any amount due the state from an entity for which
1260
payment has not been received by the state agency that is servicing the debt.
1261
(b) "Accounts receivable" includes unpaid fees, licenses, taxes, loans, overpayments,
1262
fines, forfeitures, surcharges, costs, contracts, interest, penalties, restitution to
1263
victims, third party claims, sale of goods, sale of services, claims, and damages.
1264
(2) If a defendant is sentenced before July 1, 2021, and the Department of Corrections, or
1265
the Office of State Debt Collection, is not responsible for collecting an accounts
1266
receivable for the defendant, the district court shall collect the accounts receivable for
1267
the defendant.
1268
(3)(a) In the juvenile court, money collected by the court from past-due accounts
1269
receivable may be used to offset system, administrative, legal, and other costs of
1270
collection.
1271
(b) The juvenile court shall allocate money collected above the cost of collection on a
1272
pro rata basis to the various revenue types that generated the accounts receivable.
1273
(4) The interest charge described in Subsection [63A-3-502(4)(g)(iii)]
1274
63A-3-502(4)(g)(iii)(B) may not be assessed on an account receivable that is subject to
1275
the postjudgment interest rate established by Section 15-1-4.
1276
Section 16. Section 80-6-507 is amended to read:
1277
80-6-507 . Commitment of a minor by a district court.
1278
(1)(a) If the district court determines that probation is not appropriate and commitment
1279
to prison is an appropriate sentence when sentencing a minor:
1280
(i) the district court shall order the minor committed to prison; and
1281
(ii) the minor shall be provisionally housed in a secure care facility until the minor
1282
reaches 25 years old, unless released earlier from incarceration by the Board of
1283
Pardons and Parole.
1284
(b) Subsection (1) applies to any minor being provisionally housed in a secure care
1285
facility as described in Subsection (1)(a) on or after May 4, 2022.
- 38 - Enrolled Copy H.B. 562
1286
(c) The district court shall, as a part of sentencing, order the minor to make restitution in
1287
accordance with Title 77, Chapter 38b, Crime Victims Restitution Act.
1288
(2)(a) The division shall adopt procedures by rule, in accordance with Title 63G,
1289
Chapter 3, Utah Administrative Rulemaking Act, regarding the transfer of a minor
1290
provisionally housed in a secure care facility under Subsection (1) to the physical
1291
custody of the Department of Corrections.
1292
(b) If, in accordance with the rules adopted under Subsection (2)(a), the division
1293
determines that housing the minor in a secure care facility presents an unreasonable
1294
risk to others or that it is not in the best interest of the minor, the division shall
1295
transfer the physical custody of the minor to the Department of Corrections.
1296
(3)(a) When a minor is committed to prison but provisionally housed in a secure care
1297
facility under this section, the district court and the division shall immediately notify
1298
the Board of Pardons and Parole so that the minor may be scheduled for a hearing
1299
according to board procedures.
1300
(b) If a minor who is provisionally housed in a secure care facility under this section has
1301
not been paroled or otherwise released from incarceration by the time the minor
1302
reaches 25 years old, the division shall as soon as reasonably possible, but not later
1303
than when the minor reaches 25 years and 6 months old, transfer the minor to the
1304
physical custody of the Department of Corrections.
1305
(4) Upon the commitment of a minor to the custody of the division or the Department of
1306
Corrections under this section, the Board of Pardons and Parole has authority over the
1307
minor for purposes of parole, pardon, commutation, termination of sentence, remission
1308
of restitution, fines or forfeitures, [orders of restitution, ]and all other purposes
1309
authorized by law.
1310
(5) The authority shall:
1311
(a) hold hearings, receive reports, or otherwise keep informed of the progress of a minor
1312
in the custody of the division under this section; and
1313
(b) forward to the Board of Pardons and Parole any information or recommendations
1314
concerning the minor.
1315
(6) Commitment of a minor under this section is a prison commitment for all sentencing
1316
purposes.
1317
Section 17. Effective Date.
1318
This bill takes effect on May 7, 2025.
1319
Section 18. Coordinating H.B. 562 with H.B. 312
- 39 - H.B. 562 Enrolled Copy
1320
If H.B. 562, Law Enforcement and Criminal Justice Amendments, and H.B. 312,
1321
Criminal Justice Amendments, both pass and become law, the Legislature intends that, on
1322
September 1, 2025, the changes to Section 17-22-5.6 in H.B. 562 supersede the changes to
1323
Section 17-22-5.6 in H.B. 312.
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