02-18 10:01 2nd Sub. (Salmon) S.B. 74
Derrin R. Owens proposes the following substitute bill:
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Corrections Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
House Sponsor: Melissa G. Ballard
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LONG TITLE
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General Description:
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This bill amends provisions related to corrections.
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Highlighted Provisions:
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This bill:
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▸ amends which individuals in the custody of the Department of Corrections (the
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department) may petition to have a sex designation change on a birth certificate;
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▸ prohibits an individual in the custody of the department from filing a petition in district
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court to legally change the individual's name;
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▸ includes individuals on parole on the list of individuals to whom a government entity is
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not required to respond regarding certain records requests;
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▸ clarifies that the department may independently investigate criminal allegations against:
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● individuals in the custody of the department; and
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● subject to certain limitations, employees of the department;
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▸ amends the prison telephone surcharge account to allow revenue generated from
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offenders using department tablets and other electronic devices to be placed in the
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account;
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▸ amends provisions regarding the substances administered by the department when
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carrying out a judgment of death by lethal intravenous injection; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
2nd Sub. S.B. 74 2nd Sub. (Salmon) S.B. 74 02-18 10:01
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26B-8-111, as last amended by Laws of Utah 2024, Chapter 296
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42-1-1, as last amended by Laws of Utah 2024, Chapter 296
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63G-2-201, as last amended by Laws of Utah 2023, Chapters 173, 516
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64-13-6, as last amended by Laws of Utah 2024, Chapters 144, 208
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64-13-42, as last amended by Laws of Utah 2024, Chapter 144
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77-19-10, as last amended by Laws of Utah 2021, Chapter 260
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-8-111 is amended to read:
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26B-8-111 . Birth certificate name or sex designation change -- Registration of
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court order and amendment of birth certificate.
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(1) An individual may obtain a court order in accordance with Title 42, Names, to change
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the name on the individual's birth certificate.
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(2)(a) A court may grant a petition ordering a sex designation change on a birth
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certificate if the court determines by clear and convincing evidence that the
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individual seeking the sex designation change:
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(i) is not involved in any kind of lawsuit;
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(ii) is not [on probation or parole] an offender as defined in Section 64-13-1;
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Ĥ→ (iii) is not on probation;
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(iv) is not incarcerated in a county jail after being convicted of a criminal offense;
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(v) is not an individual who has been adjudicated for a criminal offense and is in
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the custody of the Division of Juvenile Justice and Youth Services;
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[(iii)] (vi) ←Ĥ is not seeking the amendment:
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(A) to commit a crime;
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(B) to interfere with the rights of others;
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(C) to avoid creditors;
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(D) to influence the sentence, fine, or conditions of imprisonment in a criminal
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case;
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(E) to commit fraud on the public; or
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(F) for any other fraudulent purpose;
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Ĥ→ [(iv)] (vii) ←Ĥ has transitioned from the sex designation of the biological
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sex at birth to the sex
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sought in the petition;
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Ĥ→ [(v)] (viii) ←Ĥ has outwardly expressed as the sex sought in the petition in
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a consistent and
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uniform manner for at least six months; and
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Ĥ→ [(vi)] (ix) ←Ĥ suffers from clinically significant distress or impairment due
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to the current sex
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designation on the birth certificate.
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(b) The court shall consider the following when making the determination described in
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Subsection (2)(a)(iv):
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(i) evidence of medical history, care, or treatment related to sex transitioning; and
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(ii) evidence that the sex sought in the petition is sincerely held and part of the
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individual's core identity.
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(c)(i) An individual petitioning for a sex designation change under this section shall
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indicate on the petition whether the individual is registered with the state's Sex
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and Kidnap Offender Registry.
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(ii) Based on the disclosure described in Subsection (2)(c)(i), the court may request
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additional information from an individual who is registered with the state's Sex
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and Kidnap Offender Registry to determine whether to grant a petition under this
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section.
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(3)(a)(i) When determining whether to grant a sex designation change for a child who
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is at least 15 years and six months old, unless the child is emancipated, the court
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shall appoint, notwithstanding Subsection 78A-2-703(1), a guardian ad litem for
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the child.
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(ii) Notwithstanding Subsection 78A-2-703(7), the child's parent or guardian is
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responsible for the costs of the guardian ad litem's services unless the court
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determines the parent or guardian is indigent in accordance with Section
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78A-2-302.
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(b) The guardian ad litem shall provide the court relevant evidence, whether submitted
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by the child or other sources of evidence, regarding the following:
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(i) whether the child is capable of making decisions with long-term consequences
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independently of the child's parent or guardian;
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(ii) whether the child is mature and capable of appreciating the implications of the
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decision to change the sex designation on the child's birth certificate; and
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(iii) whether the child meets the other requirements of this section.
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(c) The guardian of a child described in Subsection (3)(a) shall:
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(i) give notice of the proceeding to any known parent of the child; and
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(ii) provide the court with a declaration of the status of any divorce or custody matter
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pertaining to the child, including the case name, case number, court, judge, and
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current status of the case.
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(d) The court shall:
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(i) consider any objection given by a parent;
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(ii) close the hearing on a petition for a sex designation change;
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(iii) receive all evidence; and
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(iv) make a determination as to whether:
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(A) all of the requirements of Subsection (2) have been met; and
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(B) the evidence supports a finding by clear and convincing evidence that the sex
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designation change is in the best interest of the child and would not create a
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risk of harm to the minor.
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(4)(a) A court may not grant a petition for a sex designation change if:
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(i) the birth certificate is for a child who is younger than 15 years and six months old;
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or
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(ii) the child's parent or guardian with legal custody has not given permission.
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(b) An order granting a sex designation change under this section is not effective until
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the individual is at least 16 years old.
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(5) A petition for a sex designation under this section may be combined with a petition
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under Title 42, Names.
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(6)(a) Upon the receipt of a certified order granting a birth certificate amendment, any
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required application, and an appropriate fee, the department shall issue:
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(i) a birth certificate that does not indicate which fields were amended unless
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requested by the individual; and
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(ii) an amendment history of the birth certificate, including the fields of the birth
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certificate that have been amended and the date of the amendment.
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(b) The department shall retain a record of all amendments to a birth certificate,
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including any amendment history issued by the department.
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(7) The provisions of this section are severable.
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(8) This section only applies to birth certificates issued by the state.
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(9) The provisions of Title 76, Chapter 8, Part 5, Falsification in Official Matters, apply to
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this section when applicable.
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Section 2. Section 42-1-1 is amended to read:
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42-1-1 . By petition to district court -- Contents.
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(1) [Any] Except as provided in Subsection (2) and subject to Subsection (3), any natural
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person, desiring to change the natural person's name, may file a petition in the district
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court of the county where the natural person resides, setting forth:
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(a) the cause for which the change of name is sought;
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(b) the name proposed; and
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(c) that the natural person has been a bona fide resident of the county for the year
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immediately prior to the filing of the petition.
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(2) A natural person who is an offender, as that term is defined in Section 64-13-1, may not
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file a petition in district court to change the natural person's name.
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[(2)] (3)(a) A natural person petitioning for a name change under this section shall
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indicate on the petition whether the individual is registered with the state's Sex and
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Kidnap Offender Registry.
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(b) The court may request additional information from a natural person who is registered
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with the state's Sex and Kidnap Offender Registry to make the determination
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described in Subsection 77-41-105(8).
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[(3)] (4) The provisions of Title 76, Chapter 8, Part 5, Falsification in Official Matters,
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apply to this section when applicable.
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Section 3. Section 63G-2-201 is amended to read:
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63G-2-201 . Provisions relating to records -- Public records -- Private, controlled,
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protected, and other restricted records -- Disclosure and nondisclosure of records --
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Certified copy of record -- Limits on obligation to respond to record request.
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(1)(a) Except as provided in Subsection (1)(b), a person has the right to inspect a public
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record free of charge, and the right to take a copy of a public record during normal
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working hours, subject to Sections 63G-2-203 and 63G-2-204.
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(b) A right under Subsection (1)(a) does not apply with respect to a record:
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(i) a copy of which the governmental entity has already provided to the person;
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(ii) that is the subject of a records request that the governmental entity is not required
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to fill under Subsection (7)(a)(v); or
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(iii)(A) that is accessible only by a computer or other electronic device owned or
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controlled by the governmental entity;
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(B) that is part of an electronic file that also contains a record that is private,
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controlled, or protected; and
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(C) that the governmental entity cannot readily segregate from the part of the
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electronic file that contains a private, controlled, or protected record.
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(2) A record is public unless otherwise expressly provided by statute.
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(3) The following records are not public:
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(a) a record that is private, controlled, or protected under Sections 63G-2-302, 63G-2-303,
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63G-2-304, and 63G-2-305; and
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(b) a record to which access is restricted pursuant to court rule, another state statute,
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federal statute, or federal regulation, including records for which access is governed
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or restricted as a condition of participation in a state or federal program or for
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receiving state or federal funds.
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(4) Only a record specified in Section 63G-2-302, 63G-2-303, 63G-2-304, or 63G-2-305
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may be classified private, controlled, or protected.
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(5)(a) A governmental entity may not disclose a record that is private, controlled, or
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protected to any person except as provided in Subsection (5)(b), Subsection (5)(c),
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Section 63G-2-202, 63G-2-206, or 63G-2-303.
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(b) A governmental entity may disclose a record that is private under Subsection
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63G-2-302(2) or protected under Section 63G-2-305 to persons other than those
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specified in Section 63G-2-202 or 63G-2-206 if the head of a governmental entity, or
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a designee, determines that:
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(i) there is no interest in restricting access to the record; or
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(ii) the interests favoring access are greater than or equal to the interest favoring
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restriction of access.
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(c) In addition to the disclosure under Subsection (5)(b), a governmental entity may
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disclose a record that is protected under Subsection 63G-2-305(51) if:
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(i) the head of the governmental entity, or a designee, determines that the disclosure:
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(A) is mutually beneficial to:
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(I) the subject of the record;
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(II) the governmental entity; and
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(III) the public; and
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(B) serves a public purpose related to:
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(I) public safety; or
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(II) consumer protection; and
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(ii) the person who receives the record from the governmental entity agrees not to use
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or allow the use of the record for advertising or solicitation purposes.
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(6) A governmental entity shall provide a person with a certified copy of a record if:
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(a) the person requesting the record has a right to inspect it;
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(b) the person identifies the record with reasonable specificity; and
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(c) the person pays the lawful fees.
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(7)(a) In response to a request, a governmental entity is not required to:
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(i) create a record;
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(ii) compile, format, manipulate, package, summarize, or tailor information;
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(iii) provide a record in a particular format, medium, or program not currently
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maintained by the governmental entity;
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(iv) fulfill a person's records request if the request unreasonably duplicates prior
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records requests from that person;
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(v) fill a person's records request if:
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(A) the record requested is:
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(I) publicly accessible online; or
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(II) included in a public publication or product produced by the governmental
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entity receiving the request; and
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(B) the governmental entity:
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(I) specifies to the person requesting the record where the record is accessible
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online; or
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(II) provides the person requesting the record with the public publication or
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product and specifies where the record can be found in the public
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publication or product; or
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(vi) fulfill a person's records request if:
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(A) the person has been determined under Section 63G-2-209 to be a vexatious
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requester;
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(B) the State Records Committee order determining the person to be a vexatious
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requester provides that the governmental entity is not required to fulfill a
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request from the person for a period of time; and
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(C) the period of time described in Subsection (7)(a)(vi)(B) has not expired.
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(b) A governmental entity shall conduct a reasonable search for a requested record.
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(8)(a) Although not required to do so, a governmental entity may, upon request from the
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person who submitted the records request, compile, format, manipulate, package,
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summarize, or tailor information or provide a record in a format, medium, or program
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not currently maintained by the governmental entity.
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(b) In determining whether to fulfill a request described in Subsection (8)(a), a
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governmental entity may consider whether the governmental entity is able to fulfill
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the request without unreasonably interfering with the governmental entity's duties
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and responsibilities.
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(c) A governmental entity may require a person who makes a request under Subsection
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(8)(a) to pay the governmental entity, in accordance with Section 63G-2-203, for
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providing the information or record as requested.
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(9)(a) Notwithstanding any other provision of this chapter, and subject to Subsection
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(9)(b), a governmental entity is not required to respond to, or provide a record in
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response to, a record request if the request is submitted by or in behalf of an
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individual who is on parole or confined in a jail or other correctional facility
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following the individual's conviction.
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(b) Subsection (9)(a) does not apply to:
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(i) the first five record requests submitted to the governmental entity by or in behalf
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of an individual described in Subsection (9)(a) during any calendar year
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requesting only a record that contains a specific reference to the individual; or
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(ii) a record request that is submitted by an attorney of an individual described in
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Subsection (9)(a).
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(10)(a) A governmental entity may allow a person requesting more than 50 pages of
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records to copy the records if:
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(i) the records are contained in files that do not contain records that are exempt from
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disclosure, or the records may be segregated to remove private, protected, or
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controlled information from disclosure; and
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(ii) the governmental entity provides reasonable safeguards to protect the public from
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the potential for loss of a public record.
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(b) If the requirements of Subsection (10)(a) are met, the governmental entity may:
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(i) provide the requester with the facilities for copying the requested records and
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require that the requester make the copies; or
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(ii) allow the requester to provide the requester's own copying facilities and personnel
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to make the copies at the governmental entity's offices and waive the fees for
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copying the records.
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(11)(a) A governmental entity that owns an intellectual property right and that offers the
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intellectual property right for sale or license may control by ordinance or policy the
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duplication and distribution of the material based on terms the governmental entity
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considers to be in the public interest.
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(b) Nothing in this chapter shall be construed to limit or impair the rights or protections
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granted to the governmental entity under federal copyright or patent law as a result of
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its ownership of the intellectual property right.
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(12) A governmental entity may not use the physical form, electronic or otherwise, in
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which a record is stored to deny, or unreasonably hinder the rights of a person to inspect
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and receive a copy of a record under this chapter.
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(13) Subject to the requirements of Subsection (7), a governmental entity shall provide
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access to an electronic copy of a record in lieu of providing access to its paper
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equivalent if:
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(a) the person making the request requests or states a preference for an electronic copy;
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(b) the governmental entity currently maintains the record in an electronic format that is
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reproducible and may be provided without reformatting or conversion; and
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(c) the electronic copy of the record:
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(i) does not disclose other records that are exempt from disclosure; or
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(ii) may be segregated to protect private, protected, or controlled information from
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disclosure without the undue expenditure of public resources or funds.
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(14) In determining whether a record is properly classified as private under Subsection
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63G-2-302(2)(d), the governmental entity, State Records Committee, local appeals
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board, or court shall consider and weigh:
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(a) any personal privacy interests, including those in images, that would be affected by
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disclosure of the records in question; and
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(b) any public interests served by disclosure.
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Section 4. Section 64-13-6 is amended to read:
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64-13-6 . Department duties.
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(1) The department shall:
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(a) protect the public through institutional care and confinement, and supervision in the
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community of offenders where appropriate;
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(b) implement court-ordered punishment of offenders;
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(c) provide evidence-based and evidence-informed program opportunities for offenders
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designed to reduce offenders' criminogenic and recidivism risks, including
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behavioral, cognitive, educational, and career-readiness program opportunities;
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(d) ensure that offender participation in all program opportunities described in
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Subsection (1)(c) is voluntary;
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(e) where appropriate, utilize offender volunteers as mentors in the program
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opportunities described in Subsection (1)(c);
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(f) provide treatment for sex offenders who are found to be treatable based upon criteria
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developed by the department;
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(g) provide the results of ongoing clinical assessment of sex offenders and objective
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diagnostic testing to sentencing and release authorities;
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(h) manage programs that take into account the needs and interests of victims, where
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reasonable;
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(i) supervise probationers and parolees as directed by statute and implemented by the
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courts and the Board of Pardons and Parole;
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(j) subject to Subsection (3), investigate criminal conduct involving offenders
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incarcerated in a state correctional facility;
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(k) cooperate and exchange information with other state, local, and federal law
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enforcement agencies to achieve greater success in prevention and detection of crime
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and apprehension of criminals;
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(l) implement the provisions of Title 77, Chapter 28c, Interstate Compact for Adult
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Offender Supervision;
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(m) establish a case action plan based on appropriate validated risk, needs, and
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responsivity assessments for each offender as follows:
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(i)(A) if an offender is to be supervised in the community, the department shall
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establish a case action plan for the offender no later than 60 days after the day
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on which the department's community supervision of the offender begins; and
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(B) if the offender is committed to the custody of the department, the department
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shall establish a case action plan for the offender no later than 90 days after the
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day on which the offender is committed to the custody of the department;
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(ii) each case action plan shall:
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(A) integrate an individualized, evidence-based, and evidence-informed treatment
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and program plan with clearly defined completion requirements; and
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(B) require that a case manager will:
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(I) ensure that an assessment of the education level, occupational interests, and
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aptitudes of the inmate has been completed;
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(II) refer the inmate to a higher education student advisor at an institution
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offering programs consistent with the inmate's interests and aptitudes for
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advisement on educational preferences and plans;
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(III) incorporate the inmate's interests, aptitudes, and student advisement into
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an education plan consistent with the guidance provided by the Higher
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Education and Corrections Council created in Section 53B-35-201; and
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(IV) refer the inmate to the student advisor at the institution called for in the
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case action plan for guidance and assistance with the education process;
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(iii) the department shall share each newly established case action plan with the
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sentencing and release authority within 30 days after the day on which the case
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action plan is established; and
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(iv) the department shall share any changes to a case action plan, including any
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change in an offender's risk assessment, with the sentencing and release authority
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within 30 days after the day of the change;
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(n) ensure that an inmate has reasonable access to legal research;
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(o) ensure that any training or certification required of a public official or public
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employee, as those terms are defined in Section 63G-22-102, complies with Title
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63G, Chapter 22, State Training and Certification Requirements, if the training or
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certification is required:
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(i) under this title;
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(ii) by the department; or
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(iii) by an agency or division within the department;
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(p) when reporting on statewide recidivism, include the metrics and requirements
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described in Section 63M-7-102;
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(q) create a reentry division that focuses on the successful reentry of inmates into the
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community;
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(r) coordinate with the Board of Pardons and Parole regarding inmate records that are
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necessary for the Board of Pardons and Parole to make necessary determinations
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regarding an inmate; and
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(s) ensure that inmate records regarding discipline, programs, and other relevant metrics
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are:
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(i) complete and updated in a timely manner; and
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(ii) when applicable, shared with the Board of Pardons and Parole in a timely manner.
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(2) The department may in the course of supervising probationers and parolees:
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(a) respond to an individual's violation of one or more terms of the probation or parole in
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accordance with the graduated and evidence-based processes established by the adult
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sentencing and supervision length guidelines, as defined in Section 63M-7-401.1; and
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(b) upon approval by the court or the Board of Pardons and Parole, impose as a sanction
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for an individual's violation of the terms of probation or parole a period of
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incarceration of not more than three consecutive days and not more than a total of
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five days within a period of 30 days.
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[(3)(a) By following the procedures in Subsection (3)(b), the department may
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investigate the following occurrences at state correctional facilities:]
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[(i) criminal conduct of departmental employees;]
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[(ii) felony crimes resulting in serious bodily injury;]
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[(iii) death of any person; or]
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[(iv) aggravated kidnaping.]
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[(b) Before investigating any occurrence specified in Subsection (3)(a), the department
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shall:]
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[(i) notify the sheriff or other appropriate law enforcement agency promptly after
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ascertaining facts sufficient to believe an occurrence specified in Subsection (3)(a)
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has occurred; and]
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[(ii) obtain consent of the sheriff or other appropriate law enforcement agency to
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conduct an investigation involving an occurrence specified in Subsection (3)(a).]
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[(4) Upon request, the department shall provide copies of investigative reports of criminal
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conduct to the sheriff or other appropriate law enforcement agencies.]
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(3) In accordance with department policy, the department may conduct criminal
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investigations regarding an allegation that:
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(a) an offender has committed a criminal offense; or
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(b) an employee of the department has committed a criminal offense.
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[(5)] (4)(a) The executive director of the department, or the executive director's designee
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if the designee possesses expertise in correctional programming, shall consult at least
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annually with cognitive and career-readiness staff experts from the Utah system of
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higher education and the State Board of Education to review the department's
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evidence-based and evidence-informed treatment and program opportunities.
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(b) Beginning in the 2022 interim, the department shall provide an annual report to the
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Law Enforcement and Criminal Justice Interim Committee regarding:
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(i) the department's implementation of and offender participation in evidence-based
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and evidence-informed treatment and program opportunities designed to reduce
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the criminogenic and recidivism risks of offenders over time; and
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(ii) the progress of the department's implementation of the inmate program
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requirements described in Section 64-13-50.
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[(6)] (5)(a) As used in this Subsection [(6):] (5):
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(i) "Accounts receivable" means any amount owed by an offender arising from a
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criminal judgment that has not been paid.
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(ii) "Accounts receivable" includes unpaid fees, overpayments, fines, forfeitures,
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surcharges, costs, interest, penalties, restitution to victims, third-party claims,
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claims, reimbursement of a reward, and damages that an offender is ordered to
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pay.
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(b) The department shall collect and disburse, with any interest and any other costs
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assessed under Section 64-13-21, an accounts receivable for an offender during:
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(i) the parole period and any extension of that period in accordance with Subsection [
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(6)(c)] (5)(c); and
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(ii) the probation period for which the court orders supervised probation and any
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extension of that period by the department in accordance with Subsection
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77-18-105(7).
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(c)(i) If an offender has an unpaid balance of the offender's accounts receivable at the
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time that the offender's sentence expires or terminates, the department shall be
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referred to the sentencing court for the sentencing court to enter a civil judgment
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of restitution and a civil accounts receivable as described in Section 77-18-114.
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(ii) If the board makes an order for restitution within 60 days from the day on which
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the offender's sentence expires or terminates, the board shall refer the order for
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restitution to the sentencing court to be entered as a civil judgment of restitution as
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described in Section 77-18-114.
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(d) This Subsection [(6)] (5) only applies to offenders sentenced before July 1, 2021.
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Section 5. Section 64-13-42 is amended to read:
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64-13-42 . Prison Telephone Surcharge Account -- Funding inmate and offender
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education and training programs.
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(1)(a) There is created within the General Fund a restricted account known as the Prison
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Telephone Surcharge Account.
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(b) The Prison Telephone Surcharge Account consists of:
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(i) revenue generated by the state from pay telephone services located at any
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correctional facility as defined in Section 64-13-1;
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(ii) interest on account money;
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(iii)(A) money paid by inmates participating in postsecondary education provided
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by the department; and
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(B) money repaid by former inmates who have a written agreement with the
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department to pay for a specified portion of the tuition costs under the
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department's deferred tuition payment program;
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(iv) money collected by the Office of State Debt Collection for debt described in
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Subsection (1)(b)(iii);
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(v) revenue generated from offenders using department tablets or other electronic
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devices; and
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[(v)] (vi) money appropriated by the Legislature.
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(2) Upon appropriation by the Legislature, money from the Prison Telephone Surcharge
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Account shall be used by the department for education and training programs for
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offenders and inmates as defined in Section 64-13-1.
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Section 6. Section 77-19-10 is amended to read:
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77-19-10 . Judgment of death -- Location and procedures for execution.
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(1) The executive director of the Department of Corrections or a designee shall ensure that
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the method of judgment of death specified in the warrant or as required under Section
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77-18-113 is carried out at a secure correctional facility operated by the department and
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at an hour determined by the department on the date specified in the warrant.
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(2) When the judgment of death is to be carried out by lethal intravenous injection, the
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executive director of the department or a designee shall select two or more persons
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trained in accordance with accepted medical practices to administer intravenous
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injections, who shall each administer a continuous intravenous injection,[ one of which
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shall be of a lethal quantity of:]
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[(a) sodium thiopental; or]
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[(b) other equally or more effective substance sufficient to cause death.] consisting of
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one or more substances of a type and amount that is sufficiently effective to cause
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death without a substantial risk of severe pain.
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(3) If the judgment of death is to be carried out by firing squad under Subsection
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77-18-113(2), (3), or (4) the executive director of the department or a designee shall
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select a five-person firing squad of peace officers.
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(4) Compensation for persons administering intravenous injections and for members of a
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firing squad under Subsection 77-18-113(2), (3), or (4) shall be in an amount determined
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by the director of the Division of Finance.
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(5) Death under this section shall be certified by a physician.
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(6) The department shall adopt and enforce rules governing procedures for the execution of
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judgments of death.
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Section 7. Effective Date.
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This bill takes effect on May 7, 2025.
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