HB 274

Enrolled Copy  H.B. 274
1Sentencing Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Mike Schultz
  Senate Sponsor: Michael K. McKell
2
3  LONG TITLE
4  General Description:
5      This bill amends statutory provisions related to sentencing.
6  Highlighted Provisions:
7      This bill:
8      ▸ modifies the membership of the Sentencing Commission;
9      ▸ requires the Sentencing Commission to give consideration to certain objectives when
10  determining a recommended sentence or supervision length for the adult sentencing and
11  supervision length guidelines;
12      ▸ requires the Sentencing Commission, before November 1, 2026, to revise and review the
13  adult sentencing and supervision length guidelines for certain offenses;
14      ▸ modifies the authorization process for the adult sentencing and supervision length
15  guidelines and juvenile disposition guidelines;
16      ▸ addresses the factors and information that a sentencing court is required to consider when
17  sentencing an individual; and
18      ▸ makes technical and conforming changes.
19  Money Appropriated in this Bill:
20      None
21  Other Special Clauses:
22      None
23  Utah Code Sections Affected:
24  AMENDS:
25      63M-7-401.1, as enacted by Laws of Utah 2024, Chapter 208
26      63M-7-401.2, as last amended by Laws of Utah 2021, Chapter 173
27      63M-7-404.3, as last amended by Laws of Utah 2025, Chapter 214
H.B. 274  Enrolled Copy
2863M-7-406, as last amended by Laws of Utah 2024, Chapter 208
2976-3-201, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
30
31   Be it enacted by the Legislature of the state of Utah:
32Section 1. Section 63M-7-401.1 is amended to read:
3363M-7-401.1 . Definitions for part.
34      As used in this part:
35   (1) "Adjudication" means an adjudication, as that term is defined in Section 80-1-102, of an
36offense under Section 80-6-701.
37   (2) "Adult sentencing and supervision length guidelines" means the guidelines established
38in Section 63M-7-404.3.
39   (3) "Civil disability" means a legal right or privilege that is revoked as a result of the
40individual's conviction or adjudication.
41   (4) "Collateral consequence" means:
42(a) a discretionary disqualification; or
43(b) a mandatory sanction.
44   (5) "Conviction" means the same as that term is defined in Section 77-38b-102.
45   (6) "Disadvantage" means any legal or regulatory restriction that:
46(a) is imposed on an individual as a result of the individual's conviction or adjudication;
47and
48(b) is not a civil disability or a legal penalty.
49   (7) "Discretionary disqualification" means a penalty, a civil disability, or a disadvantage
50that a court in a civil proceeding, or a federal, state, or local government agency or
51official, may impose on an individual as a result of the individual's adjudication or
52conviction for an offense regardless of whether the penalty, the civil disability, or the
53disadvantage is specifically designated as a penalty, a civil disability, or a disadvantage.
54   (8) "Juvenile" means a minor as that term is defined in Section 80-1-102.
55   (9) "Juvenile disposition guidelines" means the guidelines established in Section
5663M-7-404.5.
57   (10) "Mandatory sanction" means a penalty, a civil disability, or a disadvantage that:
58(a) is imposed on an individual as a result of the individual's adjudication or conviction
59for an offense regardless of whether the penalty, the civil disability, or the
60disadvantage is specifically designated as a penalty, a civil disability, or a
61disadvantage; and
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62      (b) is not included in the judgment for the adjudication or conviction.
63  (11) "Master offense list" means a document that contains all offenses that exist in statute
64      and each offense's associated penalty.
65  (12) "Offense" means a felony, a misdemeanor, an infraction, or an adjudication under the
66      laws of this state, another state, or the United States.
67  (13) "Penalty" means an administrative, civil, or criminal sanction imposed to punish the
68      individual for the individual's conviction or adjudication.
69  (14) "Rural county" means a county in this state other than Davis County, Salt Lake
70      County, or Utah County.
71  [(14)] (15) "Sentencing commission" means the sentencing commission created in Section
72      63M-7-401.2.
73Section 2. Section 63M-7-401.2 is amended to read:
7463M-7-401.2 . Creation -- Members -- Appointment -- Qualifications.
75  (1) There is created the sentencing commission, within the commission, that is composed of [
76      15] 17 voting members.
77  (2) The sentencing commission shall:
78      (a) develop by-laws and rules in compliance with Title 63G, Chapter 3, Utah
79Administrative Rulemaking Act; and
80      (b) elect the sentencing commission's officers.
81  (3) The sentencing commission's members [shall be] are:
82      (a) the executive director of the Department of Corrections or the executive director's
83designee;
84      (b) the director of the [ ]Division of Juvenile Justice and Youth Services or the director's
85designee;
86      (c) the executive director of the commission or the executive director's designee;
87      (d) the chair of the Board of Pardons and Parole or the chair's designee;
88      (e) the state court administrator or the state court administrator's designee;
89      [(f) a criminal defense attorney, appointed by the Utah Association of Criminal Defense
90Lawyers;]
91      [(g) an indigent defense attorney, appointed by the Indigent Defense Commission;]
92      (f) three criminal defense attorneys, appointed by the Utah Association of Criminal
93Defense Lawyers, with at least one being a criminal defense attorney in a rural
94county;
95      [(h)] (g) the attorney general or the attorney general's designee;
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96(h) three criminal prosecutors, appointed by the Statewide Association of Public
97Attorneys and Prosecutors, with at least one being a criminal prosecutor in a rural
98county;
99[(i) a criminal prosecutor, appointed by the Statewide Association of Public Attorneys
100and Prosecutors;]
101[(j) a representative of the Utah Sheriff's Association appointed by the governor]
102(i) two representatives of the Utah Sheriffs Association, appointed by the Utah Sheriffs
103Association, with at least one being a representative of a sheriff from a rural county;
104(j) one representative of the Utah Chiefs of Police Association, appointed by the Utah
105Chiefs of Police Association;
106(k) [a licensed professional] an individual, appointed by the governor, who assists in the
107rehabilitation of individuals convicted of an offense; and
108(l) the chair of the Utah Victim Services Commission or a member of the Utah Victim
109Services Commission designated by the chair[;] .
110[(m) the chair of the Juvenile Justice Oversight Committee or a member of the Juvenile
111Justice Oversight Committee designated by the chair;]
112[(n) a juvenile prosecuting attorney, appointed by the Statewide Association of Public
113Attorneys and Prosecutors; and]
114[(o) a juvenile defense attorney, appointed by the Utah Association of Criminal Defense
115Lawyers.]
116   (4) In addition to the members described in Subsection (3), the following may serve as
117non-voting members:
118(a) a district court judge appointed by the Judicial Council; [and]
119(b) a juvenile court judge appointed by the Judicial Council[.] ; and
120(c) the chair of the Juvenile Justice Oversight Committee or a member of the Juvenile
121Justice Oversight Committee designated by the chair.
122   (5) The executive director of the commission shall hire a director of the sentencing
123commission to administer and manage the sentencing commission.
124Section 3. Section 63M-7-404.3 is amended to read:
12563M-7-404.3 . Adult sentencing and supervision length guidelines.
126   (1) [The] Subject to Subsection (2), the sentencing commission shall establish and maintain
127adult sentencing and supervision length guidelines regarding:
128(a) the sentencing and release of offenders in order to:
129(i) accept public comment;
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130(ii) relate sentencing practices and correctional resources;
131(iii) increase [equity] consistency in sentencing;
132(iv) better define responsibility in sentencing; and
133(v) enhance the discretion of the sentencing court while preserving the role of the
134Board of Pardons and Parole;
135      (b) the length of supervision of offenders on probation or parole in order to:
136(i) accept public comment;
137(ii) increase [equity] consistency in criminal supervision lengths;
138(iii) relate the length of supervision to an offender's progress;
139(iv) take into account an offender's risk of offending again;
140(v) relate the length of supervision to the amount of time an offender has remained
141under supervision in the community; and
142(vi) enhance the discretion of the sentencing court while preserving the role of the
143Board of Pardons and Parole; and
144      (c) appropriate, evidence-based probation and parole supervision policies and services
145that assist offenders in successfully completing supervision and reduce incarceration
146rates from community supervision programs while ensuring public safety, including:
147(i) treatment and intervention completion determinations based on individualized
148case action plans;
149(ii) measured and consistent processes for addressing violations of conditions of
150supervision;
151(iii) processes that include using positive reinforcement to recognize an offender's
152progress in supervision;
153(iv) engaging with social services agencies and other stakeholders who provide
154services that meet the needs of an offender; and
155(v) identifying community violations that may not warrant revocation of probation or
156parole.
157  [(2)(a) Before July 1, 2024, the sentencing commission shall revise and review the adult
158      sentencing and supervision length guidelines to reflect appropriate penalties for the
159      following offenses:]
160[(i) an interlock restricted driver operating a vehicle without an ignition interlock
161system, Section 41-6a-518.2;]
162[(ii) negligently operating a vehicle resulting in injury, Section 76-5-102.1; and]
163[(iii) negligently operating a vehicle resulting in death, Section 76-5-207.]
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164[(b) The guidelines under Subsection (2)(a) shall consider the following:]
165[(i) the current sentencing requirements for driving under the influence of alcohol,
166drugs, or a combination of both as identified in Section 41-6a-505 when injury or
167death do not result;]
168[(ii) the degree of injury and the number of victims suffering injury or death as a
169result of the offense;]
170[(iii) the offender's number of previous convictions for driving under the influence
171related offenses as defined in Subsection 41-6a-501(2)(a); and]
172[(iv) whether the offense amounts to extreme DUI, as that term is defined in Section
17341-6a-501.]
174   [(3) On or before October 31, 2024, the sentencing commission shall review and revise the
175supervision tools in the adult sentencing and supervision length guidelines to:]
176[(a) recommend appropriate sanctions for an individual who violates probation or parole
177by:]
178[(i) committing a felony offense, a misdemeanor offense described in Title 76,
179Chapter 5, Offenses Against the Individual, or a misdemeanor offense for driving
180under the influence described in Section 41-6a-502;]
181[(ii) possessing a dangerous weapon; or]
182[(iii) willfully refusing to participate in treatment ordered by the court or the Board of
183Pardons and Parole; and]
184[(b) recommend appropriate incentives for an individual on probation or parole that:]
185[(i) completes all conditions of probation or parole; or]
186[(ii) maintains eligible employment as defined in Section 64-14-301.]
187   (2) When determining a recommended sentence or supervision length for the adult
188sentencing and supervision length guidelines described in Subsection (1), the sentencing
189commission shall give:
190(a) primary consideration to the protection of society; and
191(b) secondary consideration to:
192(i) the possibility of risk reduction through rehabilitation;
193(ii) prevention of future harm;
194(iii) deterrence of the individual and the public generally from committing the
195offense;
196(iv) punishment or retribution for committing the offense; and
197(v) the impact on any victim of the offense.
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198  (3) Before November 1, 2026, the sentencing commission shall review and revise the adult
199      sentencing and supervision length guidelines, including the scoring factors, to reflect the
200      appropriate penalties for:
201      (a) a felony offense described in Title 76, Chapter 5, Part 1, Assault and Related
202Offenses, Part 2, Criminal Homicide, and Part 3, Kidnapping, Trafficking, and
203Smuggling, when the felony offense is committed against an individual who is 18
204years old or older;
205      (b) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, Title 76,
206Chapter 5b, Sexual Exploitation Act, Title 76, Chapter 5c, Pornographic and Harmful
207Materials and Performances, and Title 76, Chapter 5d, Prostitution, and Section
20876-7-102; and
209      (c) any other offense as determined appropriate by the sentencing commission.
210  (4) The sentencing commission shall establish guidelines in the adult sentencing and
211      supervision length guidelines that recommend an enhanced sentence that a court or the
212      Board of Pardons and Parole should consider when determining the period in which a
213      habitual offender, as defined in Section 77-18-102, will be incarcerated.
214  (5) The sentencing commission shall modify:
215      (a) the adult sentencing and supervision length guidelines to reduce recidivism for the
216purposes of protecting the public and ensuring efficient use of state funds; and
217      (b) the criminal history score in the adult sentencing and supervision length guidelines to
218reduce recidivism, including factors in an offender's criminal history that are relevant
219to the accurate determination of an individual's risk of offending again.
220Section 4. Section 63M-7-406 is amended to read:
22163M-7-406 . Reports -- Legislative approval -- Publication of reports.
222  (1)(a) On or before October 31 of each year, the sentencing commission shall submit the
223      sentencing and supervision length guidelines and juvenile disposition guidelines
224      created in accordance with Sections 63M-7-404.3 and 63M-7-404.5 to the Law
225      Enforcement and Criminal Justice Interim Committee and the Judiciary Interim
226      Committee for review, including any legislative recommendations.
227      (b) [Beginning January 1, 2025] Except as provided in Subsection (1)(c), the Legislature
228shall annually authorize, by passing a concurrent resolution, the sentencing and
229supervision length guidelines and the juvenile disposition guidelines submitted in
230accordance with Subsection (1)(a).
231      (c) The Legislature may, by passing a concurrent resolution, authorize sentencing and
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232supervision length guidelines and juvenile disposition guidelines that the sentencing
233commission submits after the deadline described in Subsection (1)(a).
234(d) Sentencing and supervision length guidelines and juvenile disposition guidelines
235authorized by the Legislature take effect on the date described in the concurrent
236resolution.
237[(c) The existing sentencing and supervision length guidelines and juvenile disposition
238guidelines that were approved in accordance with Subsection (1)(b) shall remain in
239effect until the day on which the Legislature reauthorizes the sentencing and
240supervision length guidelines and juvenile disposition guidelines as described in
241Subsection (1)(b).]
242   (2) The sentencing commission shall also be authorized to prepare, publish, and distribute
243from time to time reports of studies, recommendations, and statements from the
244sentencing commission.
245Section 5. Section 76-3-201 is amended to read:
24676-3-201 . Sentences or combination of sentences allowed -- Restitution and other
247   costs -- Civil penalties.
248   (1) As used in this section:
249(a)(i) "Convicted" means:
250(A) having entered a plea of guilty, a plea of no contest, or a plea of guilty with a
251mental condition; or
252(B) having received a judgment of guilty or a judgment of guilty with a mental
253condition.
254(ii) "Convicted" does not include an adjudication of an offense under Section
25580-6-701.
256(b) "Restitution" means the same as that term is defined in Section 77-38b-102.
257   (2)(a) Within the limits provided by this chapter, a court may sentence an individual
258convicted of an offense to any one of the following sentences, or combination of the
259following sentences:
260[(a)] (i) to pay a fine;
261[(b)] (ii) to removal or disqualification from public or private office;
262[(c)] (iii) except as otherwise provided by law, to probation in accordance with
263Section 77-18-105;
264[(d)] (iv) in accordance with Subsection 77-18-111(4), to imprisonment;
265[(e)] (v) on or after April 27, 1992, to life in prison without parole; or
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266[(f)] (vi) to death.
267      (b) In determining the appropriate sentence for an individual convicted of an offense, the
268court shall consider:
269(i) the nature and circumstances of the offense, including the nature and gravity of the
270harm caused by the individual's criminal conduct;
271(ii) the history and characteristics of the individual, including the acceptance or lack
272of acceptance of accountability by the individual;
273(iii) whether the sentence to be imposed:
274(A) reflects the seriousness of the offense, promotes respect for the law, and
275provides just punishment for the offense;
276(B) affords adequate deterrence of criminal conduct;
277(C) protects the public from future offenses by the individual; and
278(D) provides for the rehabilitative needs of the individual;
279(iv) the adult sentencing and supervision length guidelines as defined in Section
28063M-7-401.1;
281(v) the presentence investigation report described in Section 77-18-103 if a
282presentence investigation report has been prepared for the individual;
283(vi) any aggravating factor that the court may, or is required to, consider by law for
284the offense;
285(vii) any aggravating or mitigating circumstances; and
286(viii) the desires and interests of any victim of the offense.
287      (c) In determining the appropriate sentence for an individual convicted of a violent
288felony, as defined in Section 76-3-203.5, or a sexual offense, as defined in Section
28976-3-407, the sentencing court shall prioritize the factors described in Subsections
290(2)(b)(i), (2)(b)(iii)(A), (2)(b)(iii)(B), and (2)(b)(iii)(C) over any interest of the
291defendant.
292  (3)(a) This chapter does not deprive a court of authority conferred by law:
293(i) to forfeit property;
294(ii) to dissolve a corporation;
295(iii) to suspend or cancel a license;
296(iv) to permit removal of an individual from office;
297(v) to cite for contempt; or
298(vi) to impose any other civil penalty.
299      (b) A court may include a civil penalty in a sentence.
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300   (4) In addition to any other sentence that a sentencing court may impose, the court shall
301order an individual to:
302(a) pay restitution in accordance with Title 77, Chapter 38b, Crime Victims Restitution
303Act;
304(b) subject to Section 77-32b-104, pay the cost expended by an appropriate
305governmental entity under Section 77-30-24 for the extradition of the individual if
306the individual:
307(i) was extradited to this state, under Title 77, Chapter 30, Extradition, to resolve
308pending criminal charges; and
309(ii) is convicted of an offense in the county for which the individual is returned;
310(c) subject to Subsection (5) and Subsections 77-32b-104(2), (3), and (4), pay the cost of
311medical care, treatment, hospitalization, and related transportation, as described in
312Section 17-63-706, that is provided by a county to the individual while the individual
313is in a county correctional facility before and after sentencing if:
314(i) the individual is convicted of an offense that results in incarceration in the county
315correctional facility; and
316(ii)(A) the individual is not a state prisoner housed in the county correctional
317facility through a contract with the Department of Corrections; or
318(B) the reimbursement does not duplicate the reimbursement under Section
31964-13e-104 if the individual is a state probationary inmate or a state parole
320inmate; and
321(d) pay any other cost that the court determines is appropriate under Section 77-32b-104.
322   (5) The cost of medical care under Subsection (4)(c) does not include expenses incurred by
323the county correctional facility in providing reasonable accommodation for an inmate
324qualifying as an individual with a disability as defined and covered by the Americans
325with Disabilities Act, 42 U.S.C. Secs. 12101 through 12213, including medical and
326mental health treatment for the inmate's disability.
327Section 6. Effective Date.
328   This bill takes effect on May 6, 2026.
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